As Passed by the House

126th General Assembly
Regular Session
2005-2006
Am. Sub. S. B. No. 17


Senators Spada, Jacobson, Fedor, Clancy, Dann, Mallory, Zurz, Armbruster, Cates, Gardner, Hagan, Harris, Hottinger, Miller, R., Mumper, Padgett, Prentiss, Roberts 

Representatives Willamowski, Aslanides, Blessing, Carano, Cassell, Coley, Collier, Evans, C., Evans, D., Hagan, Harwood, Kilbane, McGregor, J., Patton, T., Schaffer, Setzer, Smith, G., Woodard, DeBose 

A BILL
To amend sections 2151.03, 2151.281, 2151.421, 1
2151.99, 2305.10, 2305.111, 2305.115, 2317.02, 2
2901.13, 2907.03, 2919.26, 2950.11, 3113.31, and 3
5120.173 and to enact sections 2721.21, 3797.01 to 4
3797.12, and 4799.01 of the Revised Code to 5
require a member of the clergy, rabbi, priest, 6
Christian Science practitioner, minister, or any 7
person or layperson, other than a volunteer, 8
acting as a leader, official, delegate, or other 9
designated function on behalf of any church, 10
religious society, or faith to report the abuse or 11
neglect of a child that is known or reasonably 12
believed to have been committed by any other 13
member of the clergy, rabbi, priest, Christian 14
Science practitioner, minister, or person or 15
layperson, other than a volunteer, so acting on 16
behalf of any church, religious society, or faith; 17
to toll the criminal statute of limitations for 18
violations involving abuse or neglect of a child 19
if certain individuals fail to report the abuse or 20
neglect of the child; to provide for the issuance 21
of temporary protection orders and civil 22
protection orders for victims of sexually oriented 23
offenses; to provide a twelve-year statute of 24
limitations for civil assault or battery actions 25
brought by victims of childhood sexual abuse based 26
on childhood sexual abuse or civil actions brought 27
by victims of childhood sexual abuse asserting 28
resulting claims; to expand the offense of "sexual 29
battery" to also prohibit a cleric from engaging 30
in sexual conduct with a minor who is a member of, 31
or attends, the church or congregation served by 32
the cleric; to require a sheriff to notify the 33
public children services agency of registered sex 34
offenders in the jurisdiction; to create a cause 35
of action for a declaratory judgment in cases in 36
which a victim of childhood sexual abuse is barred 37
from bringing an ordinary civil action by the 38
expiration of the limitations period; to create a 39
registration and community notification program 40
for persons who are found liable in a declaratory 41
judgment action for assault or battery based on 42
childhood sexual abuse; to require the Attorney 43
General to establish on the internet a civil 44
registry of persons found liable in a declaratory 45
judgment action for assault or battery based on 46
childhood sexual abuse; to prohibit persons 47
required to register after being found liable in a 48
declaratory judgment action for assault or battery 49
based on childhood sexual abuse from failing to 50
register and from living within 1,000 feet of any 51
school premises; and to require occupational 52
licensing boards to consider a person's listing on 53
the civil registry in making determinations 54
related to the licensing of the person.55


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

       Section 1. That sections 2151.03, 2151.281, 2151.421, 56
2151.99, 2305.10, 2305.111, 2305.115, 2317.02, 2901.13, 2907.03, 57
2919.26, 2950.11, 3113.31, and 5120.173 be amended and sections 58
2721.21, 3797.01, 3797.02, 3797.03, 3797.04, 3797.05, 3797.06, 59
3797.07, 3797.08, 3797.09, 3797.10, 3797.11, 3797.12, and 4799.01 60
of the Revised Code be enacted to read as follows:61

       Sec. 2151.03.  (A) As used in this chapter, "neglected child" 62
includes any child:63

       (1) Who is abandoned by the child's parents, guardian, or64
custodian;65

       (2) Who lacks adequate parental care because of the faults or 66
habits of the child's parents, guardian, or custodian;67

       (3) Whose parents, guardian, or custodian neglects the child 68
or refuses to provide proper or necessary subsistence, education, 69
medical or surgical care or treatment, or other care necessary for 70
the child's health, morals, or well being;71

       (4) Whose parents, guardian, or custodian neglects the child 72
or refuses to provide the special care made necessary by the 73
child's mental condition;74

       (5) Whose parents, legal guardian, or custodian have placed 75
or attempted to place the child in violation of sections 5103.1676
and 5103.17 of the Revised Code;77

       (6) Who, because of the omission of the child's parents, 78
guardian, or custodian, suffers physical or mental injury that 79
harms or threatens to harm the child's health or welfare;80

       (7) Who is subjected to out-of-home care child neglect.81

       (B) Nothing in this chapter shall be construed as subjecting 82
a parent, guardian, or custodian of a child to criminal liability 83
when, solely in the practice of religious beliefs, the parent, 84
guardian, or custodian fails to provide adequate medical or 85
surgical care or treatment for the child. This division does not 86
abrogate or limit any person's responsibility under section 87
2151.421 of the Revised Code to report child abuse that is known 88
or reasonably suspected child abuseor believed to have occurred, 89
child neglect that is known or reasonably suspected child neglect90
or believed to have occurred, and children who are known to face 91
or are reasonably suspected ofor believed to be facing a threat 92
of suffering abuse or neglect and does not preclude any exercise 93
of the authority of the state, any political subdivision, or any 94
court to ensure that medical or surgical care or treatment is 95
provided to a child when the child's health requires the provision 96
of medical or surgical care or treatment.97

       Sec. 2151.281.  (A) The court shall appoint a guardian ad98
litem to protect the interest of a child in any proceeding99
concerning an alleged or adjudicated delinquent child or unruly100
child when either of the following applies:101

       (1) The child has no parent, guardian, or legal custodian.102

       (2) The court finds that there is a conflict of interest103
between the child and the child's parent, guardian, or legal104
custodian.105

       (B)(1) The court shall appoint a guardian ad litem to protect 106
the interest of a child in any proceeding concerning an alleged 107
abused or neglected child and in any proceeding held pursuant to 108
section 2151.414 of the Revised Code. The guardian ad litem so 109
appointed shall not be the attorney responsible for presenting the 110
evidence alleging that the child is an abused or neglected child 111
and shall not be an employee of any party in the proceeding.112

       (2) The guardian ad litem appointed for an alleged or113
adjudicated abused or neglected child may bring a civil action114
against any person, who is required by division (A)(1) or (4) of115
section 2151.421 of the Revised Code to file a report of known or 116
suspected child abuse or child neglect,that is known or 117
reasonably suspected or believed to have occurred if that person 118
knows, or suspectshas reasonable cause to suspect or believe 119
based on facts that would cause a reasonable person in a similar 120
position to suspect or believe, as applicable, that the child for 121
whom the guardian ad litem is appointed is the subject of child 122
abuse or child neglect and does not file the required report and 123
if the child suffers any injury or harm as a result of the known 124
or suspected child abuse or child neglect that is known or 125
reasonably suspected or believed to have occurred or suffers126
additional injury or harm after the failure to file the report.127

       (C) In any proceeding concerning an alleged or adjudicated128
delinquent, unruly, abused, neglected, or dependent child in which129
the parent appears to be mentally incompetent or is under eighteen130
years of age, the court shall appoint a guardian ad litem to131
protect the interest of that parent.132

       (D) The court shall require the guardian ad litem to133
faithfully discharge the guardian ad litem's duties and, upon the134
guardian ad litem's failure to faithfully discharge the guardian135
ad litem's duties, shall discharge the guardian ad litem and136
appoint another guardian ad litem. The court may fix the137
compensation for the service of the guardian ad litem, which138
compensation shall be paid from the treasury of the county.139

       (E) A parent who is eighteen years of age or older and not140
mentally incompetent shall be deemed sui juris for the purpose of141
any proceeding relative to a child of the parent who is alleged or142
adjudicated to be an abused, neglected, or dependent child.143

       (F) In any case in which a parent of a child alleged or144
adjudicated to be an abused, neglected, or dependent child is145
under eighteen years of age, the parents of that parent shall be146
summoned to appear at any hearing respecting the child, who is147
alleged or adjudicated to be an abused, neglected, or dependent148
child.149

       (G) In any case involving an alleged or adjudicated abused or 150
neglected child or an agreement for the voluntary surrender of151
temporary or permanent custody of a child that is made in152
accordance with section 5103.15 of the Revised Code, the court153
shall appoint the guardian ad litem in each case as soon as154
possible after the complaint is filed, the request for an155
extension of the temporary custody agreement is filed with the156
court, or the request for court approval of the permanent custody157
agreement is filed. In any case involving an alleged dependent158
child in which the parent of the child appears to be mentally159
incompetent or is under eighteen years of age, there is a conflict160
of interest between the child and the child's parents, guardian,161
or custodian, or the court believes that the parent of the child162
is not capable of representing the best interest of the child, the163
court shall appoint a guardian ad litem for the child. The164
guardian ad litem or the guardian ad litem's replacement shall165
continue to serve until any of the following occur:166

       (1) The complaint is dismissed or the request for an167
extension of a temporary custody agreement or for court approval168
of the permanent custody agreement is withdrawn or denied;169

       (2) All dispositional orders relative to the child have170
terminated;171

       (3) The legal custody of the child is granted to a relative172
of the child, or to another person;173

       (4) The child is placed in an adoptive home or, at the174
court's discretion, a final decree of adoption is issued with175
respect to the child;176

       (5) The child reaches the age of eighteen if the child is not 177
mentally retarded, developmentally disabled, or physically178
impaired or the child reaches the age of twenty-one if the child179
is mentally retarded, developmentally disabled, or physically180
impaired;181

       (6) The guardian ad litem resigns or is removed by the court182
and a replacement is appointed by the court.183

       If a guardian ad litem ceases to serve a child pursuant to184
division (G)(4) of this section and the petition for adoption with185
respect to the child is denied or withdrawn prior to the issuance186
of a final decree of adoption or prior to the date an187
interlocutory order of adoption becomes final, the juvenile court188
shall reappoint a guardian ad litem for that child. The public189
children services agency or private child placing agency with190
permanent custody of the child shall notify the juvenile court if191
the petition for adoption is denied or withdrawn.192

       (H) If the guardian ad litem for an alleged or adjudicated193
abused, neglected, or dependent child is an attorney admitted to194
the practice of law in this state, the guardian ad litem also may195
serve as counsel to the ward. If a person is serving as guardian196
ad litem and counsel for a child and either that person or the197
court finds that a conflict may exist between the person's roles198
as guardian ad litem and as counsel, the court shall relieve the199
person of duties as guardian ad litem and appoint someone else as200
guardian ad litem for the child. If the court appoints a person201
who is not an attorney admitted to the practice of law in this202
state to be a guardian ad litem, the court also may appoint an203
attorney admitted to the practice of law in this state to serve as204
counsel for the guardian ad litem.205

       (I) The guardian ad litem for an alleged or adjudicated206
abused, neglected, or dependent child shall perform whatever207
functions are necessary to protect the best interest of the child,208
including, but not limited to, investigation, mediation,209
monitoring court proceedings, and monitoring the services provided210
the child by the public children services agency or private child211
placing agency that has temporary or permanent custody of the212
child, and shall file any motions and other court papers that are213
in the best interest of the child.214

       The guardian ad litem shall be given notice of all hearings,215
administrative reviews, and other proceedings in the same manner216
as notice is given to parties to the action.217

       (J)(1) When the court appoints a guardian ad litem pursuant218
to this section, it shall appoint a qualified volunteer whenever219
one is available and the appointment is appropriate.220

       (2) Upon request, the department of job and family services221
shall provide for the training of volunteer guardians ad litem.222

       Sec. 2151.421.  (A)(1)(a) No person described in division223
(A)(1)(b) of this section who is acting in an official or224
professional capacity and knows, or suspectshas reasonable cause 225
to suspect based on facts that would cause a reasonable person in 226
a similar position to suspect, that a child under eighteen years 227
of age or a mentally retarded, developmentally disabled, or 228
physically impaired child under twenty-one years of age has 229
suffered or faces a threat of suffering any physical or mental 230
wound, injury, disability, or condition of a nature that231
reasonably indicates abuse or neglect of the child, shall fail to232
immediately report that knowledge or suspicionreasonable cause to 233
suspect to the entity or persons specified in this division. 234
Except as provided in section 5120.173 of the Revised Code, the 235
person making the report shall make it to the public children 236
services agency or a municipal or county peace officer in the 237
county in which the child resides or in which the abuse or neglect 238
is occurring or has occurred. In the circumstances described in 239
section 5120.173 of the Revised Code, the person making the report 240
shall make it to the entity specified in that section.241

       (b) Division (A)(1)(a) of this section applies to any person242
who is an attorney; physician, including a hospital intern or243
resident; dentist; podiatrist; practitioner of a limited branch of244
medicine as specified in section 4731.15 of the Revised Code;245
registered nurse; licensed practical nurse; visiting nurse; other246
health care professional; licensed psychologist; licensed school247
psychologist; independent marriage and family therapist or 248
marriage and family therapist; speech pathologist or audiologist; 249
coroner; administrator or employee of a child day-care center;250
administrator or employee of a residential camp or child day camp;251
administrator or employee of a certified child care agency or252
other public or private children services agency; school teacher;253
school employee; school authority; person engaged in social work254
or the practice of professional counseling; agent of a county 255
humane society; person, other than a cleric, rendering spiritual 256
treatment through prayer in accordance with the tenets of a 257
well-recognized religion; superintendent, board member, or 258
employee of a county board of mental retardation; investigative 259
agent contracted with by a county board of mental retardation; or 260
employee of the department of mental retardation and developmental 261
disabilities.262

       (2) AnExcept as provided in division (A)(3) of this section, 263
an attorney or a physician is not required to make a report264
pursuant to division (A)(1) of this section concerning any265
communication the attorney or physician receives from a client or266
patient in an attorney-client or physician-patient relationship,267
if, in accordance with division (A) or (B) of section 2317.02 of268
the Revised Code, the attorney or physician could not testify with269
respect to that communication in a civil or criminal proceeding,270
except that the.271

       (3) The client or patient in an attorney-client or 272
physician-patient relationship described in division (A)(2) of 273
this section is deemed to have waived any testimonial privilege 274
under division (A) or (B) of section 2317.02 of the Revised Code 275
with respect to thatany communication the attorney or physician 276
receives from the client or patient in that attorney-client or 277
physician-patient relationship, and the attorney or physician278
shall make a report pursuant to division (A)(1) of this section 279
with respect to that communication, if all of the following apply:280

       (a) The client or patient, at the time of the communication,281
is either a child under eighteen years of age or a mentally282
retarded, developmentally disabled, or physically impaired person283
under twenty-one years of age.284

       (b) The attorney or physician knows, or suspectshas 285
reasonable cause to suspect based on facts that would cause a 286
reasonable person in similar position to suspect, as a result of 287
the communication or any observations made during that288
communication, that the client or patient has suffered or faces a289
threat of suffering any physical or mental wound, injury,290
disability, or condition of a nature that reasonably indicates291
abuse or neglect of the client or patient.292

       (c) The attorney-client or physician-patient relationship293
abuse or neglect does not arise out of the client's or patient's 294
attempt to have an abortion without the notification of her 295
parents, guardian, or custodian in accordance with section 2151.85 296
of the Revised Code.297

       (4)(a) No cleric and no person, other than a volunteer, 298
designated by any church, religious society, or faith acting as a 299
leader, official, or delegate on behalf of the church, religious 300
society, or faith who is acting in an official or professional 301
capacity, who knows, or has reasonable cause to believe based on 302
facts that would cause a reasonable person in a similar position 303
to believe, that a child under eighteen years of age or a mentally 304
retarded, developmentally disabled, or physically impaired child 305
under twenty-one years of age has suffered or faces a threat of 306
suffering any physical or mental wound, injury, disability, or 307
condition of a nature that reasonably indicates abuse or neglect 308
of the child, and who knows, or has reasonable cause to believe 309
based on facts that would cause a reasonable person in a similar 310
position to believe, that another cleric or another person, other 311
than a volunteer, designated by a church, religious society, or 312
faith acting as a leader, official, or delegate on behalf of the 313
church, religious society, or faith caused, or poses the threat of 314
causing, the wound, injury, disability, or condition that 315
reasonably indicates abuse or neglect shall fail to immediately 316
report that knowledge or reasonable cause to believe to the entity 317
or persons specified in this division. Except as provided in 318
section 5120.173 of the Revised Code, the person making the report 319
shall make it to the public children services agency or a 320
municipal or county peace officer in the county in which the child 321
resides or in which the abuse or neglect is occurring or has 322
occurred. In the circumstances described in section 5120.173 of 323
the Revised Code, the person making the report shall make it to 324
the entity specified in that section.325

        (b) Except as provided in division (A)(4)(c) of this section, 326
a cleric is not required to make a report pursuant to division 327
(A)(4)(a) of this section concerning any communication the cleric 328
receives from a penitent in a cleric-penitent relationship, if, in 329
accordance with division (C) of section 2317.02 of the Revised 330
Code, the cleric could not testify with respect to that 331
communication in a civil or criminal proceeding.332

        (c) The penitent in a cleric-penitent relationship described 333
in division (A)(4)(b) of this section is deemed to have waived any 334
testimonial privilege under division (C) of section 2317.02 of the 335
Revised Code with respect to any communication the cleric receives 336
from the penitent in that cleric-penitent relationship, and the 337
cleric shall make a report pursuant to division (A)(4)(a) of this 338
section with respect to that communication, if all of the 339
following apply:340

        (i) The penitent, at the time of the communication, is either 341
a child under eighteen years of age or a mentally retarded, 342
developmentally disabled, or physically impaired person under 343
twenty-one years of age.344

        (ii) The cleric knows, or has reasonable cause to believe 345
based on facts that would cause a reasonable person in a similar 346
position to believe, as a result of the communication or any 347
observations made during that communication, the penitent has 348
suffered or faces a threat of suffering any physical or mental 349
wound, injury, disability, or condition of a nature that 350
reasonably indicates abuse or neglect of the penitent.351

        (iii) The abuse or neglect does not arise out of the 352
penitent's attempt to have an abortion performed upon a child 353
under eighteen years of age or upon a mentally retarded, 354
developmentally disabled, or physically impaired person under 355
twenty-one years of age without the notification of her parents, 356
guardian, or custodian in accordance with section 2151.85 of the 357
Revised Code.358

       (d) Divisions (A)(4)(a) and (c) of this section do not apply 359
in a cleric-penitent relationship when the disclosure of any 360
communication the cleric receives from the penitent is in 361
violation of the sacred trust.362

        (e) As used in divisions (A)(1) and (4) of this section, 363
"cleric" and "sacred trust" have the same meanings as in section 364
2317.02 of the Revised Code.365

       (B) Anyone, who knows, or suspectshas reasonable cause to 366
suspect based on facts that would cause a reasonable person in 367
similar circumstances to suspect, that a child under eighteen368
years of age or a mentally retarded, developmentally disabled, or369
physically impaired person under twenty-one years of age has370
suffered or faces a threat of suffering any physical or mental371
wound, injury, disability, or other condition of a nature that372
reasonably indicates abuse or neglect of the child may report or373
cause reports to be made of that knowledge or suspicionreasonable 374
cause to suspect to the entity or persons specified in this 375
division. Except as provided in section 5120.173 of the Revised 376
Code, a person making a report or causing a report to be made 377
under this division shall make it or cause it to be made to the 378
public children services agency or to a municipal or county peace379
officer. In the circumstances described in section 5120.173 of the 380
Revised Code, a person making a report or causing a report to be 381
made under this division shall make it or cause it to be made to 382
the entity specified in that section.383

       (C) Any report made pursuant to division (A) or (B) of this384
section shall be made forthwith either by telephone or in person385
and shall be followed by a written report, if requested by the386
receiving agency or officer. The written report shall contain:387

       (1) The names and addresses of the child and the child's388
parents or the person or persons having custody of the child, if389
known;390

       (2) The child's age and the nature and extent of the child's391
known or suspected injuries, abuse, or neglect that is known or 392
reasonably suspected or believed, as applicable, to have occurred393
or of the known or suspected threat of injury, abuse, or neglect 394
that is known or reasonably suspected or believed, as applicable, 395
to exist, including any evidence of previous injuries, abuse, or 396
neglect;397

       (3) Any other information that might be helpful in398
establishing the cause of the known or suspected injury, abuse, or399
neglect that is known or reasonably suspected or believed, as 400
applicable, to have occurred or of the known or suspected threat 401
of injury, abuse, or neglect that is known or reasonably suspected 402
or believed, as applicable, to exist.403

       Any person, who is required by division (A) of this section404
to report known or suspected child abuse or child neglect that is 405
known or reasonably suspected or believed to have occurred, may406
take or cause to be taken color photographs of areas of trauma407
visible on a child and, if medically indicated, cause to be408
performed radiological examinations of the child.409

       (D) As used in this division, "children's advocacy center" 410
and "sexual abuse of a child" have the same meanings as in section 411
2151.425 of the Revised Code.412

       (1) When a municipal or county peace officer receives a 413
report concerning the possible abuse or neglect of a child or the 414
possible threat of abuse or neglect of a child, upon receipt of 415
the report, the municipal or county peace officer who receives the 416
report shall refer the report to the appropriate public children 417
services agency.418

       (2) When a public children services agency receives a report 419
pursuant to this division or division (A) or (B) of this section,420
upon receipt of the report, the public children services agency 421
shall do both of the following:422

       (a) Comply with section 2151.422 of the Revised Code;423

       (b) If the county served by the agency is also served by a 424
children's advocacy center and the report alleges sexual abuse of 425
a child or another type of abuse of a child that is specified in 426
the memorandum of understanding that creates the center as being 427
within the center's jurisdiction, comply regarding the report with 428
the protocol and procedures for referrals and investigations, with 429
the coordinating activities, and with the authority or 430
responsibility for performing or providing functions, activities, 431
and services stipulated in the interagency agreement entered into 432
under section 2151.428 of the Revised Code relative to that 433
center.434

       (E) No township, municipal, or county peace officer shall435
remove a child about whom a report is made pursuant to this436
section from the child's parents, stepparents, or guardian or any437
other persons having custody of the child without consultation438
with the public children services agency, unless, in the judgment439
of the officer, and, if the report was made by physician, the440
physician, immediate removal is considered essential to protect441
the child from further abuse or neglect. The agency that must be442
consulted shall be the agency conducting the investigation of the443
report as determined pursuant to section 2151.422 of the Revised444
Code.445

       (F)(1) Except as provided in section 2151.422 of the Revised446
Code or in an interagency agreement entered into under section 447
2151.428 of the Revised Code that applies to the particular 448
report, the public children services agency shall investigate,449
within twenty-four hours, each report of known or suspected child450
abuse or child neglect that is known or reasonably suspected or 451
believed to have occurred and of a known or suspected threat of 452
child abuse or child neglect that is known or reasonably suspected 453
or believed to exist that is referred to it under this section to 454
determine the circumstances surrounding the injuries, abuse, or455
neglect or the threat of injury, abuse, or neglect, the cause of456
the injuries, abuse, neglect, or threat, and the person or persons457
responsible. The investigation shall be made in cooperation with458
the law enforcement agency and in accordance with the memorandum459
of understanding prepared under division (J) of this section. A 460
representative of the public children services agency shall, at 461
the time of initial contact with the person subject to the 462
investigation, inform the person of the specific complaints or 463
allegations made against the person. The information shall be 464
given in a manner that is consistent with division (H)(1) of this 465
section and protects the rights of the person making the report 466
under this section.467

        A failure to make the investigation in accordance with the468
memorandum is not grounds for, and shall not result in, the469
dismissal of any charges or complaint arising from the report or470
the suppression of any evidence obtained as a result of the report471
and does not give, and shall not be construed as giving, any472
rights or any grounds for appeal or post-conviction relief to any473
person. The public children services agency shall report each case 474
to a central registry which the department of job and family475
services shall maintain in order to determine whether prior476
reports have been made in other counties concerning the child or477
other principals in the case. The public children services agency478
shall submit a report of its investigation, in writing, to the law479
enforcement agency.480

       (2) The public children services agency shall make any481
recommendations to the county prosecuting attorney or city482
director of law that it considers necessary to protect any483
children that are brought to its attention.484

       (G)(1)(a) Except as provided in division (H)(3) of this485
section, anyone or any hospital, institution, school, health486
department, or agency participating in the making of reports under487
division (A) of this section, anyone or any hospital, institution,488
school, health department, or agency participating in good faith489
in the making of reports under division (B) of this section, and490
anyone participating in good faith in a judicial proceeding491
resulting from the reports, shall be immune from any civil or492
criminal liability for injury, death, or loss to person or493
property that otherwise might be incurred or imposed as a result494
of the making of the reports or the participation in the judicial495
proceeding.496

       (b) Notwithstanding section 4731.22 of the Revised Code, the497
physician-patient privilege shall not be a ground for excluding498
evidence regarding a child's injuries, abuse, or neglect, or the499
cause of the injuries, abuse, or neglect in any judicial500
proceeding resulting from a report submitted pursuant to this501
section.502

       (2) In any civil or criminal action or proceeding in which it 503
is alleged and proved that participation in the making of a report 504
under this section was not in good faith or participation in a 505
judicial proceeding resulting from a report made under this506
section was not in good faith, the court shall award the507
prevailing party reasonable attorney's fees and costs and, if a508
civil action or proceeding is voluntarily dismissed, may award509
reasonable attorney's fees and costs to the party against whom the510
civil action or proceeding is brought.511

       (H)(1) Except as provided in divisions (H)(4) and (M) of this512
section, a report made under this section is confidential. The 513
information provided in a report made pursuant to this section and 514
the name of the person who made the report shall not be released 515
for use, and shall not be used, as evidence in any civil action or 516
proceeding brought against the person who made the report. In a 517
criminal proceeding, the report is admissible in evidence in 518
accordance with the Rules of Evidence and is subject to discovery 519
in accordance with the Rules of Criminal Procedure.520

       (2) No person shall permit or encourage the unauthorized521
dissemination of the contents of any report made under this522
section.523

       (3) A person who knowingly makes or causes another person to524
make a false report under division (B) of this section that525
alleges that any person has committed an act or omission that526
resulted in a child being an abused child or a neglected child is527
guilty of a violation of section 2921.14 of the Revised Code.528

       (4) If a report is made pursuant to division (A) or (B) of529
this section and the child who is the subject of the report dies530
for any reason at any time after the report is made, but before531
the child attains eighteen years of age, the public children532
services agency or municipal or county peace officer to which the533
report was made or referred, on the request of the child fatality534
review board, shall submit a summary sheet of information535
providing a summary of the report to the review board of the536
county in which the deceased child resided at the time of death.537
On the request of the review board, the agency or peace officer538
may, at its discretion, make the report available to the review539
board. If the county served by the public children services agency 540
is also served by a children's advocacy center and the report of 541
alleged sexual abuse of a child or another type of abuse of a 542
child is specified in the memorandum of understanding that creates 543
the center as being within the center's jurisdiction, the agency 544
or center shall perform the duties and functions specified in this 545
division in accordance with the interagency agreement entered into 546
under section 2151.428 of the Revised Code relative to that 547
advocacy center.548

       (5) A public children services agency shall advise a person549
alleged to have inflicted abuse or neglect on a child who is the550
subject of a report made pursuant to this section, including a 551
report alleging sexual abuse of a child or another type of abuse 552
of a child referred to a children's advocacy center pursuant to an 553
interagency agreement entered into under section 2151.428 of the 554
Revised Code, in writing of the disposition of the investigation. 555
The agency shall not provide to the person any information that 556
identifies the person who made the report, statements of 557
witnesses, or police or other investigative reports.558

       (I) Any report that is required by this section, other than a 559
report that is made to the state highway patrol as described in560
section 5120.173 of the Revised Code, shall result in protective561
services and emergency supportive services being made available by562
the public children services agency on behalf of the children563
about whom the report is made, in an effort to prevent further564
neglect or abuse, to enhance their welfare, and, whenever565
possible, to preserve the family unit intact. The agency required566
to provide the services shall be the agency conducting the567
investigation of the report pursuant to section 2151.422 of the568
Revised Code.569

       (J)(1) Each public children services agency shall prepare a570
memorandum of understanding that is signed by all of the571
following:572

       (a) If there is only one juvenile judge in the county, the573
juvenile judge of the county or the juvenile judge's574
representative;575

       (b) If there is more than one juvenile judge in the county, a 576
juvenile judge or the juvenile judges' representative selected by 577
the juvenile judges or, if they are unable to do so for any578
reason, the juvenile judge who is senior in point of service or579
the senior juvenile judge's representative;580

       (c) The county peace officer;581

       (d) All chief municipal peace officers within the county;582

       (e) Other law enforcement officers handling child abuse and583
neglect cases in the county;584

       (f) The prosecuting attorney of the county;585

       (g) If the public children services agency is not the county586
department of job and family services, the county department of587
job and family services;588

       (h) The county humane society;589

       (i) If the public children services agency participated in 590
the execution of a memorandum of understanding under section 591
2151.426 of the Revised Code establishing a children's advocacy 592
center, each participating member of the children's advocacy 593
center established by the memorandum.594

       (2) A memorandum of understanding shall set forth the normal595
operating procedure to be employed by all concerned officials in596
the execution of their respective responsibilities under this597
section and division (C) of section 2919.21, division (B)(1) of598
section 2919.22, division (B) of section 2919.23, and section599
2919.24 of the Revised Code and shall have as two of its primary600
goals the elimination of all unnecessary interviews of children601
who are the subject of reports made pursuant to division (A) or602
(B) of this section and, when feasible, providing for only one603
interview of a child who is the subject of any report made604
pursuant to division (A) or (B) of this section. A failure to605
follow the procedure set forth in the memorandum by the concerned606
officials is not grounds for, and shall not result in, the607
dismissal of any charges or complaint arising from any reported608
case of abuse or neglect or the suppression of any evidence609
obtained as a result of any reported child abuse or child neglect610
and does not give, and shall not be construed as giving, any611
rights or any grounds for appeal or post-conviction relief to any612
person.613

       (3) A memorandum of understanding shall include all of the614
following:615

       (a) The roles and responsibilities for handling emergency and616
nonemergency cases of abuse and neglect;617

       (b) Standards and procedures to be used in handling and618
coordinating investigations of reported cases of child abuse and619
reported cases of child neglect, methods to be used in620
interviewing the child who is the subject of the report and who621
allegedly was abused or neglected, and standards and procedures622
addressing the categories of persons who may interview the child623
who is the subject of the report and who allegedly was abused or624
neglected.625

       (4) If a public children services agency participated in the 626
execution of a memorandum of understanding under section 2151.426 627
of the Revised Code establishing a children's advocacy center, the 628
agency shall incorporate the contents of that memorandum in the 629
memorandum prepared pursuant to this section.630

       (K)(1) Except as provided in division (K)(4) of this section, 631
a person who is required to make a report pursuant to division (A) 632
of this section may make a reasonable number of requests of the 633
public children services agency that receives or is referred the 634
report, or of the children's advocacy center that is referred the 635
report if the report is referred to a children's advocacy center 636
pursuant to an interagency agreement entered into under section 637
2151.428 of the Revised Code, to be provided with the following638
information:639

       (a) Whether the agency or center has initiated an640
investigation of the report;641

       (b) Whether the agency or center is continuing to investigate 642
the report;643

       (c) Whether the agency or center is otherwise involved with 644
the child who is the subject of the report;645

       (d) The general status of the health and safety of the child646
who is the subject of the report;647

       (e) Whether the report has resulted in the filing of a648
complaint in juvenile court or of criminal charges in another649
court.650

       (2) A person may request the information specified in651
division (K)(1) of this section only if, at the time the report is652
made, the person's name, address, and telephone number are653
provided to the person who receives the report.654

       When a municipal or county peace officer or employee of a655
public children services agency receives a report pursuant to656
division (A) or (B) of this section the recipient of the report657
shall inform the person of the right to request the information658
described in division (K)(1) of this section. The recipient of the 659
report shall include in the initial child abuse or child neglect660
report that the person making the report was so informed and, if661
provided at the time of the making of the report, shall include662
the person's name, address, and telephone number in the report.663

       Each request is subject to verification of the identity of664
the person making the report. If that person's identity is665
verified, the agency shall provide the person with the information666
described in division (K)(1) of this section a reasonable number667
of times, except that the agency shall not disclose any668
confidential information regarding the child who is the subject of669
the report other than the information described in those670
divisions.671

       (3) A request made pursuant to division (K)(1) of this672
section is not a substitute for any report required to be made673
pursuant to division (A) of this section.674

       (4) If an agency other than the agency that received or was675
referred the report is conducting the investigation of the report676
pursuant to section 2151.422 of the Revised Code, the agency677
conducting the investigation shall comply with the requirements of678
division (K) of this section.679

       (L) The director of job and family services shall adopt rules 680
in accordance with Chapter 119. of the Revised Code to implement 681
this section. The department of job and family services may enter 682
into a plan of cooperation with any other governmental entity to 683
aid in ensuring that children are protected from abuse and 684
neglect. The department shall make recommendations to the attorney 685
general that the department determines are necessary to protect 686
children from child abuse and child neglect.687

       (M)(1) As used in this division:688

        (a) "Out-of-home care" includes a nonchartered nonpublic 689
school if the alleged child abuse or child neglect, or alleged 690
threat of child abuse or child neglect, described in a report 691
received by a public children services agency allegedly occurred 692
in or involved the nonchartered nonpublic school and the alleged 693
perpetrator named in the report holds a certificate, permit, or 694
license issued by the state board of education under section 695
3301.071 or Chapter 3319. of the Revised Code.696

        (b) "Administrator, director, or other chief administrative 697
officer" means the superintendent of the school district if the 698
out-of-home care entity subject to a report made pursuant to this 699
section is a school operated by the district.700

        (2) No later than the end of the day following the day on701
which a public children services agency receives a report of702
alleged child abuse or child neglect, or a report of an alleged703
threat of child abuse or child neglect, that allegedly occurred in704
or involved an out-of-home care entity, the agency shall provide705
written notice of the allegations contained in and the person706
named as the alleged perpetrator in the report to the707
administrator, director, or other chief administrative officer of708
the out-of-home care entity that is the subject of the report709
unless the administrator, director, or other chief administrative710
officer is named as an alleged perpetrator in the report. If the711
administrator, director, or other chief administrative officer of712
an out-of-home care entity is named as an alleged perpetrator in a713
report of alleged child abuse or child neglect, or a report of an714
alleged threat of child abuse or child neglect, that allegedly715
occurred in or involved the out-of-home care entity, the agency716
shall provide the written notice to the owner or governing board717
of the out-of-home care entity that is the subject of the report.718
The agency shall not provide witness statements or police or other719
investigative reports.720

       (3) No later than three days after the day on which a public721
children services agency that conducted the investigation as722
determined pursuant to section 2151.422 of the Revised Code makes723
a disposition of an investigation involving a report of alleged724
child abuse or child neglect, or a report of an alleged threat of725
child abuse or child neglect, that allegedly occurred in or726
involved an out-of-home care entity, the agency shall send written727
notice of the disposition of the investigation to the728
administrator, director, or other chief administrative officer and729
the owner or governing board of the out-of-home care entity. The730
agency shall not provide witness statements or police or other731
investigative reports.732

       Sec. 2151.99.  (A) Whoever(1) Except as otherwise provided 733
in division (A)(2) of this section, whoever violates division 734
(D)(2) or (3) of section 2151.313 or division (A)(1), (A)(4), or 735
(H)(2) of section 2151.421 of the Revised Code is guilty of a 736
misdemeanor of the fourth degree.737

       (2) Whoever violates division (A)(4) of section 2151.421 of 738
the Revised Code knowing that a child has been abused or neglected 739
and knowing that the person who committed the abuse or neglect was 740
a cleric or another person, other than a volunteer, designated by 741
a church, religious society, or faith acting as a leader, 742
official, or delegate on behalf of the church, religious society, 743
or faith, is guilty of a misdemeanor of the first degree if the 744
person who violates division (A)(4) of this section and the person 745
who committed the abuse or neglect belong to the same church, 746
religious society, or faith.747

       (B) Whoever violates division (D)(1) of section 2151.313 of748
the Revised Code is guilty of a minor misdemeanor.749

       Sec. 2305.10.  (A) Except as provided in division (C) or (E)750
of this section, an action based on a product liability claim and 751
an action for bodily injury or injuring personal property shall be752
brought within two years after the cause of action accrues. Except 753
as provided in divisions (B)(1), (2), (3), (4), and (5) of this 754
section, a cause of action accrues under this division when the 755
injury or loss to person or property occurs.756

       (B)(1) For purposes of division (A) of this section, a cause 757
of action for bodily injury that is not described in division 758
(B)(2), (3), (4), or (5) of this section and that is caused by 759
exposure to hazardous or toxic chemicals, ethical drugs, or 760
ethical medical devices accrues upon the date on which the 761
plaintiff is informed by competent medical authority that the 762
plaintiff has an injury that is related to the exposure, or upon 763
the date on which by the exercise of reasonable diligence the 764
plaintiff should have known that the plaintiff has an injury that 765
is related to the exposure, whichever date occurs first.766

       (2) For purposes of division (A) of this section, a cause of767
action for bodily injury caused by exposure to chromium in any of768
its chemical forms accrues upon the date on which the plaintiff is769
informed by competent medical authority that the plaintiff has an 770
injury that is related to the exposure, or upon the date on which 771
by the exercise of reasonable diligence the plaintiff should have 772
known that the plaintiff has an injury that is related to the773
exposure, whichever date occurs first.774

       (3) For purposes of division (A) of this section, a cause of775
action for bodily injury incurred by a veteran through exposure to776
chemical defoliants or herbicides or other causative agents,777
including agent orange, accrues upon the date on which the778
plaintiff is informed by competent medical authority that the 779
plaintiff has an injury that is related to the exposure, or upon 780
the date on which by the exercise of reasonable diligence the 781
plaintiff should have known that the plaintiff has an injury that 782
is related to the exposure, whichever date occurs first.783

       (4) For purposes of division (A) of this section, a cause of784
action for bodily injury caused by exposure to diethylstilbestrol 785
or other nonsteroidal synthetic estrogens, including exposure 786
before birth, accrues upon the date on which the plaintiff is 787
informed by competent medical authority that the plaintiff has an 788
injury that is related to the exposure, or upon the date on which 789
by the exercise of reasonable diligence the plaintiff should have 790
known that the plaintiff has an injury that is related to the791
exposure, whichever date occurs first.792

       (5) For purposes of division (A) of this section, a cause of 793
action for bodily injury caused by exposure to asbestos accrues 794
upon the date on which the plaintiff is informed by competent 795
medical authority that the plaintiff has an injury that is related 796
to the exposure, or upon the date on which by the exercise of 797
reasonable diligence the plaintiff should have known that the 798
plaintiff has an injury that is related to the exposure, whichever 799
date occurs first.800

       (C)(1) Except as otherwise provided in divisions (C)(2), (3), 801
(4), (5), (6), and (7) of this section or in section 2305.19 of 802
the Revised Code, no cause of action based on a product liability 803
claim shall accrue against the manufacturer or supplier of a 804
product later than ten years from the date that the product was 805
delivered to its first purchaser or first lessee who was not 806
engaged in a business in which the product was used as a component 807
in the production, construction, creation, assembly, or rebuilding 808
of another product.809

       (2) Division (C)(1) of this section does not apply if the 810
manufacturer or supplier of a product engaged in fraud in regard 811
to information about the product and the fraud contributed to the 812
harm that is alleged in a product liability claim involving that 813
product.814

       (3) Division (C)(1) of this section does not bar an action 815
based on a product liability claim against a manufacturer or 816
supplier of a product who made an express, written warranty as to 817
the safety of the product that was for a period longer than ten 818
years and that, at the time of the accrual of the cause of action, 819
has not expired in accordance with the terms of that warranty.820

       (4) If the cause of action relative to a product liability 821
claim accrues during the ten-year period described in division 822
(C)(1) of this section but less than two years prior to the 823
expiration of that period, an action based on the product 824
liability claim may be commenced within two years after the cause 825
of action accrues.826

       (5) If a cause of action relative to a product liability 827
claim accrues during the ten-year period described in division 828
(C)(1) of this section and the claimant cannot commence an action 829
during that period due to a disability described in section 830
2305.16 of the Revised Code, an action based on the product 831
liability claim may be commenced within two years after the 832
disability is removed.833

       (6) Division (C)(1) of this section does not bar an action 834
for bodily injury caused by exposure to asbestos if the cause of 835
action that is the basis of the action accrues upon the date on 836
which the plaintiff is informed by competent medical authority 837
that the plaintiff has an injury that is related to the exposure, 838
or upon the date on which by the exercise of reasonable diligence 839
the plaintiff should have known that the plaintiff has an injury 840
that is related to the exposure, whichever date occurs first.841

       (7)(a) Division (C)(1) of this section does not bar an action 842
based on a product liability claim against a manufacturer or 843
supplier of a product if all of the following apply:844

       (i) The action is for bodily injury.845

       (ii) The product involved is a substance or device described 846
in division (B)(1), (2), (3), or (4) of this section.847

       (iii) The bodily injury results from exposure to the product 848
during the ten-year period described in division (C)(1) of this 849
section.850

       (b) If division (C)(7)(a) of this section applies regarding 851
an action, the cause of action accrues upon the date on which the 852
claimant is informed by competent medical authority that the 853
bodily injury was related to the exposure to the product, or upon 854
the date on which by the exercise of reasonable diligence the 855
claimant should have known that the bodily injury was related to 856
the exposure to the product, whichever date occurs first. The 857
action based on the product liability claim shall be commenced 858
within two years after the cause of action accrues and shall not 859
be commenced more than two years after the cause of action 860
accrues.861

       (D) This section does not create a new cause of action or 862
substantive legal right against any person involving a product 863
liability claim.864

       (E) An action brought by a victim of childhood sexual abuse 865
asserting any claim resulting from childhood sexual abuse, as 866
defined in section 2305.111 of the Revised Code, shall be brought 867
as provided in division (C) of that section.868

       (F) As used in this section:869

       (1) "Agent orange," "causative agent," and "veteran" have the 870
same meanings as in section 5903.21 of the Revised Code.871

       (2) "Ethical drug," "ethical medical device," "manufacturer," 872
"product," "product liability claim," and "supplier" have the same 873
meanings as in section 2307.71 of the Revised Code.874

       (3) "Harm" means injury, death, or loss to person or 875
property.876

       (F)(G) This section shall be considered to be purely remedial 877
in operation and shall be applied in a remedial manner in any 878
civil action commenced on or after the effective date of this 879
amendmentApril 7, 2005, in which this section is relevant, 880
regardless of when the cause of action accrued and notwithstanding 881
any other section of the Revised Code or prior rule of law of this 882
state, but shall not be construed to apply to any civil action 883
pending prior to the effective date of this amendmentApril 7, 884
2005.885

       Sec. 2305.111. (A) As used in this section:886

       (1) "Childhood sexual abuse" means any conduct that 887
constitutes any of the violations identified in division (A)(1)(a) 888
or (b) of this section and would constitute a criminal offense 889
under the specified section or division of the Revised Code, if 890
the victim of the violation is at the time of the violation a 891
child under eighteen years of age or a mentally retarded, 892
developmentally disabled, or physically impaired child under 893
twenty-one years of age. The court need not find that any person 894
has been convicted of or pleaded guilty to the offense under the 895
specified section or division of the Revised Code in order for the 896
conduct that is the violation constituting the offense to be 897
childhood sexual abuse for purposes of this division. This 898
division applies to any of the following violations committed in 899
the following specified circumstances:900

       (a) A violation of section 2907.02 or of division (A)(1), 901
(5), (6), (7), (8), (9), (10), (11), or (12) of section 2907.03 of 902
the Revised Code;903

       (b) A violation of section 2907.05 or 2907.06 of the Revised 904
Code if, at the time of the violation, any of the following apply:905

       (i) The actor is the victim's natural parent, adoptive 906
parent, or stepparent or the guardian, custodian, or person in 907
loco parentis of the victim.908

       (ii) The victim is in custody of law or a patient in a 909
hospital or other institution, and the actor has supervisory or 910
disciplinary authority over the victim.911

       (iii) The actor is a teacher, administrator, coach, or other 912
person in authority employed by or serving in a school for which 913
the state board of education prescribes minimum standards pursuant 914
to division (D) of section 3301.07 of the Revised Code, the victim 915
is enrolled in or attends that school, and the actor is not 916
enrolled in and does not attend that school.917

       (iv) The actor is a teacher, administrator, coach, or other 918
person in authority employed by or serving in an institution of 919
higher education, and the victim is enrolled in or attends that 920
institution.921

       (v) The actor is the victim's athletic or other type of 922
coach, is the victim's instructor, is the leader of a scouting 923
troop of which the victim is a member, or is a person with 924
temporary or occasional disciplinary control over the victim.925

       (vi) The actor is a mental health professional, the victim is 926
a mental health client or patient of the actor, and the actor 927
induces the victim to submit by falsely representing to the victim 928
that the sexual contact involved in the violation is necessary for 929
mental health treatment purposes.930

       (vii) The victim is confined in a detention facility, and the 931
actor is an employee of that detention facility.932

       (viii) The actor is a cleric, and the victim is a member of, 933
or attends, the church or congregation served by the cleric.934

       (2) "Cleric" has the same meaning as in section 2317.02 of 935
the Revised Code.936

       (3) "Mental health client or patient" has the same meaning as 937
in section 2305.51 of the Revised Code.938

       (4) "Mental health professional" has the same meaning as in 939
section 2305.115 of the Revised Code.940

       (5) "Sexual contact" has the same meaning as in section 941
2907.01 of the Revised Code.942

       (6) "Victim" means, except as provided in division (B) of 943
this section, a victim of childhood sexual abuse.944

       (B) Except as provided in section 2305.115 of the Revised 945
Code and subject to division (C) of this section, an action for 946
assault or battery shall be brought within one year after the 947
cause of the action accrues. For purposes of this section, a cause 948
of action for assault or battery accrues upon the later of the 949
following:950

       (A)(1) The date on which the alleged assault or battery951
occurred;952

       (B)(2) If the plaintiff did not know the identity of the953
person who allegedly committed the assault or battery on the date954
on which it allegedly occurred, the earlier of the following955
dates:956

       (1)(a) The date on which the plaintiff learns the identity of957
that person;958

       (2)(b) The date on which, by the exercise of reasonable959
diligence, the plaintiff should have learned the identity of that960
person.961

       (C) An action for assault or battery brought by a victim of 962
childhood sexual abuse based on childhood sexual abuse, or an 963
action brought by a victim of childhood sexual abuse asserting any 964
claim resulting from childhood sexual abuse, shall be brought 965
within twelve years after the cause of action accrues. For 966
purposes of this section, a cause of action for assault or battery 967
based on childhood sexual abuse, or a cause of action for a claim 968
resulting from childhood sexual abuse, accrues upon the date on 969
which the victim reaches the age of majority. If the defendant in 970
an action brought by a victim of childhood sexual abuse asserting 971
a claim resulting from childhood sexual abuse that occurs on or 972
after the effective date of this act has fraudulently concealed 973
from the plaintiff facts that form the basis of the claim, the 974
running of the limitations period with regard to that claim is 975
tolled until the time when the plaintiff discovers or in the 976
exercise of due diligence should have discovered those facts.977

       Sec. 2305.115. (A) AnExcept as provided in division (C) of 978
this section, an action for assault or battery shall be brought 979
within two years after the cause of action accrues, except as 980
provided in division (B) of this section, if all of the following 981
apply regarding the action, the cause of the action, and the 982
parties to the action:983

       (1) The action is brought against a mental health984
professional.985

       (2) The assault or battery claim asserted in the action is986
that, while the plaintiff was a mental health client or patient of987
the mental health professional, the mental health professional988
engaged in sexual conduct with, had sexual contact with, or caused989
one or more other persons to have sexual contact with the990
plaintiff.991

       (3) At the time of the sexual conduct or sexual contact992
described in division (A)(2) of this section, the plaintiff was993
not the spouse of the mental health professional.994

       (B) If the mental health service relationship between the995
plaintiff in an action for assault or battery that is described in996
division (A) of this section and the mental health professional997
continues after the date on which the cause of action accrues, the998
two-year period specified in division (A) of this section does not999
begin to run until the date on which that mental health service1000
relationship is terminated by either or both of the parties.1001

       (C) UnlessAn action for assault or battery brought by a 1002
victim of childhood sexual abuse that is based on childhood sexual 1003
abuse, as defined in section 2305.111 of the Revised Code, shall 1004
be brought as provided in division (C) of that section. In all 1005
other cases, unless division (A) or (B) of this section applies, 1006
an action for assault or battery shall be brought as provided in 1007
division (B) of section 2305.111 of the Revised Code.1008

       (D) As used in this section:1009

       (1) "Mental health client or patient" and "mental health1010
service" have the same meanings as in section 2305.51 of the1011
Revised Code.1012

       (2) "Mental health professional" has the same meaning as in1013
section 2305.51 of the Revised Code and also includes an1014
individual who is not licensed, certified, or registered under the1015
Revised Code, or otherwise authorized in this state, but who1016
regularly provides or purports to provide mental health services1017
for compensation or remuneration at an established place of1018
business.1019

       (3) "Mental health service relationship" means the1020
relationship between a mental health professional and a mental1021
health client or patient of the mental health professional that1022
exists for purposes of the mental health professional's provision1023
of mental health services to the mental health client or patient.1024

       (4) "Sexual conduct" and "sexual contact" have the same1025
meanings as in section 2907.01 of the Revised Code.1026

       Sec. 2317.02.  The following persons shall not testify in1027
certain respects:1028

       (A) An attorney, concerning a communication made to the1029
attorney by a client in that relation or the attorney's advice to1030
a client, except that the attorney may testify by express consent1031
of the client or, if the client is deceased, by the express1032
consent of the surviving spouse or the executor or administrator1033
of the estate of the deceased client and except that, if the1034
client voluntarily testifies or is deemed by section 2151.421 of1035
the Revised Code to have waived any testimonial privilege under1036
this division, the attorney may be compelled to testify on the1037
same subject;1038

       (B)(1) A physician or a dentist concerning a communication1039
made to the physician or dentist by a patient in that relation or1040
the physician's or dentist's advice to a patient, except as1041
otherwise provided in this division, division (B)(2), and division1042
(B)(3) of this section, and except that, if the patient is deemed1043
by section 2151.421 of the Revised Code to have waived any1044
testimonial privilege under this division, the physician may be1045
compelled to testify on the same subject.1046

       The testimonial privilege established under this division1047
does not apply, and a physician or dentist may testify or may be1048
compelled to testify, in any of the following circumstances:1049

       (a) In any civil action, in accordance with the discovery1050
provisions of the Rules of Civil Procedure in connection with a1051
civil action, or in connection with a claim under Chapter 4123. of1052
the Revised Code, under any of the following circumstances:1053

       (i) If the patient or the guardian or other legal1054
representative of the patient gives express consent;1055

       (ii) If the patient is deceased, the spouse of the patient or 1056
the executor or administrator of the patient's estate gives1057
express consent;1058

       (iii) If a medical claim, dental claim, chiropractic claim,1059
or optometric claim, as defined in section 2305.113 of the Revised1060
Code, an action for wrongful death, any other type of civil1061
action, or a claim under Chapter 4123. of the Revised Code is1062
filed by the patient, the personal representative of the estate of1063
the patient if deceased, or the patient's guardian or other legal1064
representative.1065

       (b) In any civil action concerning court-ordered treatment or 1066
services received by a patient, if the court-ordered treatment or 1067
services were ordered as part of a case plan journalized under1068
section 2151.412 of the Revised Code or the court-ordered1069
treatment or services are necessary or relevant to dependency,1070
neglect, or abuse or temporary or permanent custody proceedings1071
under Chapter 2151. of the Revised Code.1072

       (c) In any criminal action concerning any test or the results 1073
of any test that determines the presence or concentration of 1074
alcohol, a drug of abuse, or alcohol and a drug of abuse in the1075
patient's blood, breath, urine, or other bodily substance at any1076
time relevant to the criminal offense in question.1077

       (d) In any criminal action against a physician or dentist. In 1078
such an action, the testimonial privilege established under this 1079
division does not prohibit the admission into evidence, in1080
accordance with the Rules of Evidence, of a patient's medical or1081
dental records or other communications between a patient and the1082
physician or dentist that are related to the action and obtained1083
by subpoena, search warrant, or other lawful means. A court that1084
permits or compels a physician or dentist to testify in such an1085
action or permits the introduction into evidence of patient1086
records or other communications in such an action shall require1087
that appropriate measures be taken to ensure that the1088
confidentiality of any patient named or otherwise identified in1089
the records is maintained. Measures to ensure confidentiality that 1090
may be taken by the court include sealing its records or deleting 1091
specific information from its records.1092

       (e) In any will contest action under sections 2107.71 to1093
2107.77 of the Revised Code if all of the following apply:1094

       (i) The patient is deceased.1095

       (ii) A party to the will contest action requests the1096
testimony, demonstrates to the court that that party would be an 1097
heir of the patient if the patient died without a will, is a1098
beneficiary under the will that is the subject of the will contest1099
action, or is a beneficiary under another testamentary document1100
allegedly executed by the patient, and demonstrates to the court1101
that the testimony is necessary to establish the party's rights as1102
described in this division.1103

       (2)(a) If any law enforcement officer submits a written1104
statement to a health care provider that states that an official1105
criminal investigation has begun regarding a specified person or1106
that a criminal action or proceeding has been commenced against a1107
specified person, that requests the provider to supply to the1108
officer copies of any records the provider possesses that pertain1109
to any test or the results of any test administered to the1110
specified person to determine the presence or concentration of1111
alcohol, a drug of abuse, or alcohol and a drug of abuse in the1112
person's blood, breath, or urine at any time relevant to the1113
criminal offense in question, and that conforms to section1114
2317.022 of the Revised Code, the provider, except to the extent1115
specifically prohibited by any law of this state or of the United1116
States, shall supply to the officer a copy of any of the requested1117
records the provider possesses. If the health care provider does1118
not possess any of the requested records, the provider shall give1119
the officer a written statement that indicates that the provider1120
does not possess any of the requested records.1121

       (b) If a health care provider possesses any records of the1122
type described in division (B)(2)(a) of this section regarding the1123
person in question at any time relevant to the criminal offense in1124
question, in lieu of personally testifying as to the results of1125
the test in question, the custodian of the records may submit a1126
certified copy of the records, and, upon its submission, the1127
certified copy is qualified as authentic evidence and may be1128
admitted as evidence in accordance with the Rules of Evidence.1129
Division (A) of section 2317.422 of the Revised Code does not1130
apply to any certified copy of records submitted in accordance1131
with this division. Nothing in this division shall be construed to 1132
limit the right of any party to call as a witness the person who1133
administered the test to which the records pertain, the person1134
under whose supervision the test was administered, the custodian1135
of the records, the person who made the records, or the person1136
under whose supervision the records were made.1137

       (3)(a) If the testimonial privilege described in division1138
(B)(1) of this section does not apply as provided in division1139
(B)(1)(a)(iii) of this section, a physician or dentist may be1140
compelled to testify or to submit to discovery under the Rules of1141
Civil Procedure only as to a communication made to the physician1142
or dentist by the patient in question in that relation, or the1143
physician's or dentist's advice to the patient in question, that1144
related causally or historically to physical or mental injuries1145
that are relevant to issues in the medical claim, dental claim,1146
chiropractic claim, or optometric claim, action for wrongful1147
death, other civil action, or claim under Chapter 4123. of the1148
Revised Code.1149

       (b) If the testimonial privilege described in division (B)(1) 1150
of this section does not apply to a physician or dentist as1151
provided in division (B)(1)(c) of this section, the physician or1152
dentist, in lieu of personally testifying as to the results of the1153
test in question, may submit a certified copy of those results,1154
and, upon its submission, the certified copy is qualified as1155
authentic evidence and may be admitted as evidence in accordance1156
with the Rules of Evidence. Division (A) of section 2317.422 of1157
the Revised Code does not apply to any certified copy of results1158
submitted in accordance with this division. Nothing in this1159
division shall be construed to limit the right of any party to1160
call as a witness the person who administered the test in1161
question, the person under whose supervision the test was1162
administered, the custodian of the results of the test, the person1163
who compiled the results, or the person under whose supervision1164
the results were compiled.1165

       (c) If the testimonial privilege described in division (B)(1)1166
of this section does not apply as provided in division (B)(1)(e)1167
of this section, a physician or dentist may be compelled to1168
testify or to submit to discovery in the will contest action under1169
sections 2107.71 to 2107.77 of the Revised Code only as to the1170
patient in question on issues relevant to the competency of the1171
patient at the time of the execution of the will. Testimony or1172
discovery conducted pursuant to this division shall be conducted1173
in accordance with the Rules of Civil Procedure.1174

       (4) The testimonial privilege described in division (B)(1) of 1175
this section is not waived when a communication is made by a1176
physician to a pharmacist or when there is communication between a1177
patient and a pharmacist in furtherance of the physician-patient1178
relation.1179

       (5)(a) As used in divisions (B)(1) to (4) of this section,1180
"communication" means acquiring, recording, or transmitting any1181
information, in any manner, concerning any facts, opinions, or1182
statements necessary to enable a physician or dentist to diagnose,1183
treat, prescribe, or act for a patient. A "communication" may1184
include, but is not limited to, any medical or dental, office, or1185
hospital communication such as a record, chart, letter,1186
memorandum, laboratory test and results, x-ray, photograph,1187
financial statement, diagnosis, or prognosis.1188

       (b) As used in division (B)(2) of this section, "health care1189
provider" means a hospital, ambulatory care facility, long-term1190
care facility, pharmacy, emergency facility, or health care1191
practitioner.1192

       (c) As used in division (B)(5)(b) of this section:1193

       (i) "Ambulatory care facility" means a facility that provides1194
medical, diagnostic, or surgical treatment to patients who do not1195
require hospitalization, including a dialysis center, ambulatory1196
surgical facility, cardiac catheterization facility, diagnostic1197
imaging center, extracorporeal shock wave lithotripsy center, home1198
health agency, inpatient hospice, birthing center, radiation1199
therapy center, emergency facility, and an urgent care center.1200
"Ambulatory health care facility" does not include the private1201
office of a physician or dentist, whether the office is for an1202
individual or group practice.1203

       (ii) "Emergency facility" means a hospital emergency1204
department or any other facility that provides emergency medical1205
services.1206

       (iii) "Health care practitioner" has the same meaning as in1207
section 4769.01 of the Revised Code.1208

       (iv) "Hospital" has the same meaning as in section 3727.01 of1209
the Revised Code.1210

       (v) "Long-term care facility" means a nursing home,1211
residential care facility, or home for the aging, as those terms1212
are defined in section 3721.01 of the Revised Code; an adult care1213
facility, as defined in section 3722.01 of the Revised Code; a1214
nursing facility or intermediate care facility for the mentally1215
retarded, as those terms are defined in section 5111.20 of the1216
Revised Code; a facility or portion of a facility certified as a1217
skilled nursing facility under Title XVIII of the "Social Security1218
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.1219

       (vi) "Pharmacy" has the same meaning as in section 4729.01 of1220
the Revised Code.1221

       (6) Divisions (B)(1), (2), (3), (4), and (5) of this section1222
apply to doctors of medicine, doctors of osteopathic medicine,1223
doctors of podiatry, and dentists.1224

       (7) Nothing in divisions (B)(1) to (6) of this section1225
affects, or shall be construed as affecting, the immunity from1226
civil liability conferred by section 307.628 or 2305.33 of the1227
Revised Code upon physicians who report an employee's use of a1228
drug of abuse, or a condition of an employee other than one1229
involving the use of a drug of abuse, to the employer of the1230
employee in accordance with division (B) of that section. As used1231
in division (B)(7) of this section, "employee," "employer," and1232
"physician" have the same meanings as in section 2305.33 of the1233
Revised Code.1234

       (C)(1) A member of the clergy, rabbi, priest, or regularly1235
ordained, accredited, or licensed minister of an established and1236
legally cognizable church, denomination, or sectcleric, when the 1237
member of the clergy, rabbi, priest, or ministercleric remains 1238
accountable to the authority of that cleric's church, 1239
denomination, or sect, concerning a confession made, or any 1240
information confidentially communicated, to the member of the 1241
clergy, rabbi, priest, or ministercleric for a religious 1242
counseling purpose in the member of the clergy's, rabbi's,1243
priest's, or minister'scleric's professional character; however,1244
the member of the clergy, rabbi, priest, or minister. The cleric1245
may testify by express consent of the person making the 1246
communication, except when the disclosure of the information is in 1247
violation of a sacred trust;and except that, if the person 1248
voluntarily testifies or is deemed by division (A)(4)(c) of 1249
section 2151.421 of the Revised Code to have waived any 1250
testimonial privilege under this division, the cleric may be 1251
compelled to testify on the same subject except when disclosure of 1252
the information is in violation of a sacred trust.1253

       (2) As used in division (C) of this section:1254

        (a) "Cleric" means a member of the clergy, rabbi, priest, 1255
Christian science practitioner, or regularly ordained, accredited, 1256
or licensed minister of an established and legally cognizable 1257
church, denomination, or sect.1258

        (b) "Sacred trust" means a confession or confidential 1259
communication made to a cleric in the cleric's ecclesiastical 1260
capacity in the course of discipline enjoined by the church to 1261
which the cleric belongs, including, but not limited to, the 1262
Catholic Church, if both of the following apply:1263

        (i) The confession or confidential communication was made 1264
directly to the cleric.1265

        (ii) The confession or confidential communication was made in 1266
the manner and context that places the cleric specifically and 1267
strictly under a level of confidentiality that is considered 1268
inviolate by canon law or church doctrine.1269

       (D) Husband or wife, concerning any communication made by one 1270
to the other, or an act done by either in the presence of the1271
other, during coverture, unless the communication was made, or act1272
done, in the known presence or hearing of a third person competent1273
to be a witness; and such rule is the same if the marital relation1274
has ceased to exist;1275

       (E) A person who assigns a claim or interest, concerning any1276
matter in respect to which the person would not, if a party, be1277
permitted to testify;1278

       (F) A person who, if a party, would be restricted under1279
section 2317.03 of the Revised Code, when the property or thing is1280
sold or transferred by an executor, administrator, guardian,1281
trustee, heir, devisee, or legatee, shall be restricted in the1282
same manner in any action or proceeding concerning the property or1283
thing.1284

       (G)(1) A school guidance counselor who holds a valid educator 1285
license from the state board of education as provided for in 1286
section 3319.22 of the Revised Code, a person licensed under1287
Chapter 4757. of the Revised Code as a professional clinical1288
counselor, professional counselor, social worker, independent1289
social worker, marriage and family therapist or independent 1290
marriage and family therapist, or registered under Chapter 4757. 1291
of the Revised Code as a social work assistant concerning a 1292
confidential communication received from a client in that relation 1293
or the person's advice to a client unless any of the following 1294
applies:1295

       (a) The communication or advice indicates clear and present1296
danger to the client or other persons. For the purposes of this1297
division, cases in which there are indications of present or past1298
child abuse or neglect of the client constitute a clear and1299
present danger.1300

       (b) The client gives express consent to the testimony.1301

       (c) If the client is deceased, the surviving spouse or the1302
executor or administrator of the estate of the deceased client1303
gives express consent.1304

       (d) The client voluntarily testifies, in which case the1305
school guidance counselor or person licensed or registered under1306
Chapter 4757. of the Revised Code may be compelled to testify on1307
the same subject.1308

       (e) The court in camera determines that the information1309
communicated by the client is not germane to the counselor-client, 1310
marriage and family therapist-client, or social worker-client 1311
relationship.1312

       (f) A court, in an action brought against a school, its1313
administration, or any of its personnel by the client, rules after1314
an in-camera inspection that the testimony of the school guidance1315
counselor is relevant to that action.1316

       (g) The testimony is sought in a civil action and concerns1317
court-ordered treatment or services received by a patient as part1318
of a case plan journalized under section 2151.412 of the Revised1319
Code or the court-ordered treatment or services are necessary or1320
relevant to dependency, neglect, or abuse or temporary or1321
permanent custody proceedings under Chapter 2151. of the Revised1322
Code.1323

       (2) Nothing in division (G)(1) of this section shall relieve1324
a school guidance counselor or a person licensed or registered1325
under Chapter 4757. of the Revised Code from the requirement to1326
report information concerning child abuse or neglect under section1327
2151.421 of the Revised Code.1328

       (H) A mediator acting under a mediation order issued under1329
division (A) of section 3109.052 of the Revised Code or otherwise1330
issued in any proceeding for divorce, dissolution, legal1331
separation, annulment, or the allocation of parental rights and1332
responsibilities for the care of children, in any action or1333
proceeding, other than a criminal, delinquency, child abuse, child1334
neglect, or dependent child action or proceeding, that is brought1335
by or against either parent who takes part in mediation in1336
accordance with the order and that pertains to the mediation1337
process, to any information discussed or presented in the1338
mediation process, to the allocation of parental rights and1339
responsibilities for the care of the parents' children, or to the1340
awarding of parenting time rights in relation to their children;1341

       (I) A communications assistant, acting within the scope of1342
the communication assistant's authority, when providing1343
telecommunications relay service pursuant to section 4931.35 of1344
the Revised Code or Title II of the "Communications Act of 1934,"1345
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication1346
made through a telecommunications relay service. Nothing in this1347
section shall limit the obligation of a communications assistant1348
to divulge information or testify when mandated by federal law or1349
regulation or pursuant to subpoena in a criminal proceeding.1350

       Nothing in this section shall limit any immunity or privilege1351
granted under federal law or regulation.1352

       (J)(1) A chiropractor in a civil proceeding concerning a1353
communication made to the chiropractor by a patient in that1354
relation or the chiropractor's advice to a patient, except as1355
otherwise provided in this division. The testimonial privilege1356
established under this division does not apply, and a chiropractor1357
may testify or may be compelled to testify, in any civil action,1358
in accordance with the discovery provisions of the Rules of Civil1359
Procedure in connection with a civil action, or in connection with1360
a claim under Chapter 4123. of the Revised Code, under any of the1361
following circumstances:1362

       (a) If the patient or the guardian or other legal1363
representative of the patient gives express consent.1364

       (b) If the patient is deceased, the spouse of the patient or1365
the executor or administrator of the patient's estate gives1366
express consent.1367

       (c) If a medical claim, dental claim, chiropractic claim, or1368
optometric claim, as defined in section 2305.113 of the Revised1369
Code, an action for wrongful death, any other type of civil1370
action, or a claim under Chapter 4123. of the Revised Code is1371
filed by the patient, the personal representative of the estate of1372
the patient if deceased, or the patient's guardian or other legal1373
representative.1374

       (2) If the testimonial privilege described in division (J)(1) 1375
of this section does not apply as provided in division (J)(1)(c) 1376
of this section, a chiropractor may be compelled to testify or to 1377
submit to discovery under the Rules of Civil Procedure only as to 1378
a communication made to the chiropractor by the patient in 1379
question in that relation, or the chiropractor's advice to the1380
patient in question, that related causally or historically to1381
physical or mental injuries that are relevant to issues in the1382
medical claim, dental claim, chiropractic claim, or optometric1383
claim, action for wrongful death, other civil action, or claim1384
under Chapter 4123. of the Revised Code.1385

       (3) The testimonial privilege established under this division 1386
does not apply, and a chiropractor may testify or be compelled to 1387
testify, in any criminal action or administrative proceeding.1388

       (4) As used in this division, "communication" means1389
acquiring, recording, or transmitting any information, in any1390
manner, concerning any facts, opinions, or statements necessary to1391
enable a chiropractor to diagnose, treat, or act for a patient. A1392
communication may include, but is not limited to, any1393
chiropractic, office, or hospital communication such as a record,1394
chart, letter, memorandum, laboratory test and results, x-ray,1395
photograph, financial statement, diagnosis, or prognosis.1396

       (K)(1) Except as provided under division (K)(2) of this 1397
section, a critical incident stress management team member 1398
concerning a communication received from an individual who 1399
receives crisis response services from the team member, or the 1400
team member's advice to the individual, during a debriefing 1401
session.1402

        (2) The testimonial privilege established under division 1403
(K)(1) of this section does not apply if any of the following are 1404
true:1405

        (a) The communication or advice indicates clear and present 1406
danger to the individual who receives crisis response services or 1407
to other persons. For purposes of this division, cases in which 1408
there are indications of present or past child abuse or neglect of 1409
the individual constitute a clear and present danger.1410

        (b) The individual who received crisis response services 1411
gives express consent to the testimony.1412

       (c) If the individual who received crisis response services 1413
is deceased, the surviving spouse or the executor or administrator 1414
of the estate of the deceased individual gives express consent.1415

        (d) The individual who received crisis response services 1416
voluntarily testifies, in which case the team member may be 1417
compelled to testify on the same subject.1418

        (e) The court in camera determines that the information 1419
communicated by the individual who received crisis response 1420
services is not germane to the relationship between the individual 1421
and the team member.1422

       (f) The communication or advice pertains or is related to any 1423
criminal act.1424

       (3) As used in division (K) of this section:1425

       (a) "Crisis response services" means consultation, risk 1426
assessment, referral, and on-site crisis intervention services 1427
provided by a critical incident stress management team to 1428
individuals affected by crisis or disaster.1429

       (b) "Critical incident stress management team member" or 1430
"team member" means an individual specially trained to provide 1431
crisis response services as a member of an organized community or 1432
local crisis response team that holds membership in the Ohio 1433
critical incident stress management network.1434

       (c) "Debriefing session" means a session at which crisis 1435
response services are rendered by a critical incident stress 1436
management team member during or after a crisis or disaster.1437

       (L)(1) Subject to division (L)(2) of this section and except1438
as provided in division (L)(3) of this section, an employee1439
assistance professional, concerning a communication made to the1440
employee assistance professional by a client in the employee1441
assistance professional's official capacity as an employee1442
assistance professional.1443

        (2) Division (L)(1) of this section applies to an employee1444
assistance professional who meets either or both of the following1445
requirements:1446

        (a) Is certified by the employee assistance certification1447
commission to engage in the employee assistance profession;1448

        (b) Has education, training, and experience in all of the1449
following:1450

        (i) Providing workplace-based services designed to address1451
employer and employee productivity issues;1452

        (ii) Providing assistance to employees and employees'1453
dependents in identifying and finding the means to resolve1454
personal problems that affect the employees or the employees'1455
performance;1456

       (iii) Identifying and resolving productivity problems1457
associated with an employee's concerns about any of the following1458
matters: health, marriage, family, finances, substance abuse or1459
other addiction, workplace, law, and emotional issues;1460

       (iv) Selecting and evaluating available community resources;1461

        (v) Making appropriate referrals;1462

        (vi) Local and national employee assistance agreements;1463

        (vii) Client confidentiality.1464

        (3) Division (L)(1) of this section does not apply to any of 1465
the following:1466

        (a) A criminal action or proceeding involving an offense1467
under sections 2903.01 to 2903.06 of the Revised Code if the1468
employee assistance professional's disclosure or testimony relates1469
directly to the facts or immediate circumstances of the offense;1470

        (b) A communication made by a client to an employee1471
assistance professional that reveals the contemplation or1472
commission of a crime or serious, harmful act;1473

        (c) A communication that is made by a client who is an1474
unemancipated minor or an adult adjudicated to be incompetent and1475
indicates that the client was the victim of a crime or abuse;1476

       (d) A civil proceeding to determine an individual's mental1477
competency or a criminal action in which a plea of not guilty by1478
reason of insanity is entered;1479

        (e) A civil or criminal malpractice action brought against1480
the employee assistance professional;1481

        (f) When the employee assistance professional has the express 1482
consent of the client or, if the client is deceased or disabled, 1483
the client's legal representative;1484

        (g) When the testimonial privilege otherwise provided by1485
division (L)(1) of this section is abrogated under law.1486

       Sec. 2721.21.  (A) As used in this section:1487

       (1) "Defendant" means a person against whom an individual 1488
believes that, but for the expiration of the limitation period for 1489
the cause of action under section 2305.111 of the Revised Code, 1490
the individual would have a cause of action for assault or battery 1491
based on childhood sexual abuse.1492

        (2) "Prosecuting attorney" means the prosecuting attorney of 1493
the county in which the defendant resides or, if the defendant 1494
does not reside in this state, the prosecuting attorney of 1495
Franklin county.1496

        (3) "Reside" has the same meaning as in section 3797.01 of 1497
the Revised Code.1498

       (B) In any case in which an individual is precluded from 1499
commencing a civil action for assault or battery based on 1500
childhood sexual abuse against a person solely because the 1501
limitation period under section 2305.111 of the Revised Code for 1502
the action expired on or before the effective date of this 1503
section, the attorney general or the prosecuting attorney may 1504
bring an action in a court designated in division (C) of this 1505
section for a declaratory judgment finding that the person would 1506
have been liable for assault or battery based on childhood sexual 1507
abuse but for the expiration of the limitation period under 1508
section 2305.111 of the Revised Code. The attorney general or 1509
prosecuting attorney may bring an action pursuant to this section 1510
only for childhood sexual abuse that allegedly occurred in this 1511
state.1512

       (C) If an individual believes that, but for the expiration of 1513
the limitation period under section 2305.111 of the Revised Code 1514
for an action for assault or battery based on childhood sexual 1515
abuse on or before the effective date of this section, the 1516
individual would have a cause of action against a defendant for 1517
assault or battery based on childhood sexual abuse that occurred 1518
in this state, the individual may serve written notice of the 1519
individual's belief and the basis for the belief simultaneously on 1520
the defendant, the attorney general, and the prosecuting attorney. 1521
The individual shall serve the notice by certified mail, return 1522
receipt requested. The prosecuting attorney within forty-five days 1523
after receipt of the notice may commence an action pursuant to 1524
division (B) of this section in the court of common pleas of the 1525
county in which the prosecuting attorney is elected. If the 1526
prosecuting attorney does not commence an action within that 1527
forty-five day period, the attorney general within ninety days 1528
after receipt of the notice may commence an action pursuant to 1529
division (B) of this section in the Franklin county court of 1530
common pleas or the court of common pleas of the county in which 1531
the defendant resides. If neither the attorney general nor the 1532
prosecuting attorney commences an action pursuant to division (B) 1533
of this section within the appropriate forty-five-day or 1534
ninety-day period after receiving the notice, the individual may 1535
commence an action in the court of common pleas of the county in 1536
which the individual or the defendant resides or in which the 1537
childhood sexual abuse allegedly occurred for a declaratory 1538
judgment finding that the defendant would be liable for assault or 1539
battery based on childhood sexual abuse but for the expiration of 1540
the limitation period under section 2305.111 of the Revised Code.1541

       (D) If the court finds by a preponderance of the evidence in 1542
an action brought pursuant to this section that the defendant 1543
would be liable for assault or battery based on childhood sexual 1544
abuse but for the expiration of the limitation period under 1545
section 2305.111 of the Revised Code, the court shall enter a 1546
judgment with that finding against the defendant and shall order 1547
that the defendant be listed on the civil registry maintained by 1548
the attorney general pursuant to section 3797.08 of the Revised 1549
Code. The court shall notify the defendant of the defendant's 1550
obligations under sections 3797.02, 3797.03, and 3797.04 of the 1551
Revised Code.1552

       (E) In an action brought by an individual pursuant to 1553
division (C) of this section, the court may award reasonable 1554
attorney's fees to the prevailing party.1555

       (F) After the expiration of six years from the date on which 1556
a court orders pursuant to this section that an individual be 1557
listed on the civil registry maintained by the attorney general 1558
pursuant to section 3797.08 of the Revised Code, the registrant 1559
may apply to the court that issued the order to be removed from 1560
the registry. The court may order that the individual's name be 1561
removed from the registry if the court finds by clear and 1562
convincing evidence that since the individual was first listed on 1563
the civil registry the individual has not been found liable in 1564
damages in an action for assault or battery based on childhood 1565
sexual abuse, has not been required to register pursuant to 1566
section 2950.04 or 2950.041 of the Revised Code or a similar 1567
statute of any other state, and is not likely to commit an act in 1568
the future that would subject the individual to the requirement to 1569
register under section 2950.04, 2950.041, or 3797.02 of the 1570
Revised Code.1571

       Sec. 2901.13.  (A)(1) Except as provided in division (A)(2) 1572
or (3) of this section or as otherwise provided in this section, a 1573
prosecution shall be barred unless it is commenced within the 1574
following periods after an offense is committed:1575

       (a) For a felony, six years;1576

       (b) For a misdemeanor other than a minor misdemeanor, two1577
years;1578

       (c) For a minor misdemeanor, six months.1579

       (2) There is no period of limitation for the prosecution of a 1580
violation of section 2903.01 or 2903.02 of the Revised Code.1581

       (3) Except as otherwise provided in divisions (B) to (H) of 1582
this section, a prosecution of any of the following offenses shall 1583
be barred unless it is commenced within twenty years after the 1584
offense is committed:1585

       (a) A violation of section 2903.03, 2903.04, 2905.01, 1586
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 1587
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 1588
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a 1589
violation of section 2903.11 or 2903.12 of the Revised Code if the 1590
victim is a peace officer, a violation of section 2903.13 of the 1591
Revised Code that is a felony, or a violation of former section 1592
2907.12 of the Revised Code;1593

       (b) A conspiracy to commit, attempt to commit, or complicity 1594
in committing a violation set forth in division (A)(3)(a) of this 1595
section.1596

       (B) If the period of limitation provided in division (A)(1)1597
or (3) of this section has expired, prosecution shall be commenced 1598
for an offense of which an element is fraud or breach of a 1599
fiduciary duty, within one year after discovery of the offense 1600
either by an aggrieved person, or by the aggrieved person's legal1601
representative who is not a party to the offense.1602

       (C) If the period of limitation provided in division (A)(1)1603
or (3) of this section has expired, prosecution shall be commenced 1604
for an offense involving misconduct in office by a public servant 1605
as defined in section 2921.01 of the Revised Code, at any time 1606
while the accused remains a public servant, or within two years1607
thereafter.1608

       (D) An offense is committed when every element of the offense 1609
occurs. In the case of an offense of which an element is a 1610
continuing course of conduct, the period of limitation does not1611
begin to run until such course of conduct or the accused's1612
accountability for it terminates, whichever occurs first.1613

       (E) A prosecution is commenced on the date an indictment is 1614
returned or an information filed, or on the date a lawful arrest 1615
without a warrant is made, or on the date a warrant, summons, 1616
citation, or other process is issued, whichever occurs first. A 1617
prosecution is not commenced by the return of an indictment or the 1618
filing of an information unless reasonable diligence is exercised 1619
to issue and execute process on the same. A prosecution is not 1620
commenced upon issuance of a warrant, summons, citation, or other 1621
process, unless reasonable diligence is exercised to execute the 1622
same.1623

       (F) The period of limitation shall not run during any time1624
when the corpus delicti remains undiscovered.1625

       (G) The period of limitation shall not run during any time1626
when the accused purposely avoids prosecution. Proof that the1627
accused departed this state or concealed the accused's identity or 1628
whereabouts is prima-facie evidence of the accused's purpose to1629
avoid prosecution.1630

       (H) The period of limitation shall not run during any time a 1631
prosecution against the accused based on the same conduct is1632
pending in this state, even though the indictment, information, or 1633
process which commenced the prosecution is quashed or the1634
proceedings thereon are set aside or reversed on appeal.1635

       (I) The period of limitation for a violation of any provision 1636
of Title XXIX of the Revised Code that involves a physical or 1637
mental wound, injury, disability, or condition of a nature that 1638
reasonably indicates abuse or neglect of a child under eighteen 1639
years of age or of a mentally retarded, developmentally disabled, 1640
or physically impaired child under twenty-one years of age shall 1641
not begin to run until either of the following occurs:1642

       (1) The victim of the offense reaches the age of majority.1643

       (2) A public children services agency, or a municipal or 1644
county peace officer that is not the parent or guardian of the 1645
child, in the county in which the child resides or in which the 1646
abuse or neglect is occurring or has occurred has been notified 1647
that abuse or neglect is known, suspected, or believed to have 1648
occurred.1649

       (J) As used in this section, "peace officer" has the same 1650
meaning as in section 2935.01 of the Revised Code.1651

       Sec. 2907.03.  (A) No person shall engage in sexual conduct1652
with another, not the spouse of the offender, when any of the1653
following apply:1654

       (1) The offender knowingly coerces the other person to submit 1655
by any means that would prevent resistance by a person of ordinary 1656
resolution.1657

       (2) The offender knows that the other person's ability to1658
appraise the nature of or control the other person's own conduct1659
is substantially impaired.1660

       (3) The offender knows that the other person submits because1661
the other person is unaware that the act is being committed.1662

       (4) The offender knows that the other person submits because1663
the other person mistakenly identifies the offender as the other1664
person's spouse.1665

       (5) The offender is the other person's natural or adoptive1666
parent, or a stepparent, or guardian, custodian, or person in loco1667
parentis of the other person.1668

       (6) The other person is in custody of law or a patient in a1669
hospital or other institution, and the offender has supervisory or1670
disciplinary authority over the other person.1671

       (7) The offender is a teacher, administrator, coach, or other 1672
person in authority employed by or serving in a school for which 1673
the state board of education prescribes minimum standards pursuant 1674
to division (D) of section 3301.07 of the Revised Code, the other 1675
person is enrolled in or attends that school, and the offender is 1676
not enrolled in and does not attend that school.1677

       (8) The other person is a minor, the offender is a teacher,1678
administrator, coach, or other person in authority employed by or1679
serving in an institution of higher education, and the other1680
person is enrolled in or attends that institution.1681

       (9) The other person is a minor, and the offender is the1682
other person's athletic or other type of coach, is the other1683
person's instructor, is the leader of a scouting troop of which1684
the other person is a member, or is a person with temporary or1685
occasional disciplinary control over the other person.1686

       (10) The offender is a mental health professional, the other1687
person is a mental health client or patient of the offender, and1688
the offender induces the other person to submit by falsely1689
representing to the other person that the sexual conduct is1690
necessary for mental health treatment purposes.1691

       (11) The other person is confined in a detention facility,1692
and the offender is an employee of that detention facility.1693

       (12) The other person is a minor, the offender is a cleric, 1694
and the other person is a member of, or attends, the church or 1695
congregation served by the cleric.1696

       (B) Whoever violates this section is guilty of sexual1697
battery, a felony of the third degree.1698

       (C) As used in this section:1699

       (1) "Cleric" has the same meaning as in section 2317.02 of 1700
the Revised Code.1701

       (2) "Detention facility" has the same meaning as in section1702
2921.01 of the Revised Code.1703

       (2)(3) "Institution of higher education" means a state1704
institution of higher education defined in section 3345.011 of the1705
Revised Code, a private nonprofit college or university located in1706
this state that possesses a certificate of authorization issued by1707
the Ohio board of regents pursuant to Chapter 1713. of the Revised1708
Code, or a school certified under Chapter 3332. of the Revised1709
Code.1710

       Sec. 2919.26.  (A)(1) Upon the filing of a complaint that1711
alleges a violation of section 2909.06, 2909.07, 2911.12, or1712
2911.211 of the Revised Code if the alleged victim of the 1713
violation was a family or household member at the time of the 1714
violation, a violation of a municipal ordinance that is 1715
substantially similar to any of those sections if the alleged 1716
victim of the violation was a family or household member at the 1717
time of the violation, or any offense of violence if the alleged 1718
victim of the offense was a family or household member at the time 1719
of the commission of the offense, or any sexually oriented 1720
offense, the complainant, the alleged victim, or a family or 1721
household member of an alleged victim may file, or, if in an 1722
emergency the alleged victim is unable to file, a person who made 1723
an arrest for the alleged violation or offense under section 1724
2935.03 of the Revised Code may file on behalf of the alleged 1725
victim, a motion that requests the issuance of a temporary1726
protection order as a pretrial condition of release of the alleged 1727
offender, in addition to any bail set under Criminal Rule 46. The 1728
motion shall be filed with the clerk of the court that has 1729
jurisdiction of the case at any time after the filing of the1730
complaint.1731

       (2) For purposes of section 2930.09 of the Revised Code, all1732
stages of a proceeding arising out of a complaint alleging the 1733
commission of a violation or offense of violence described in1734
division (A)(1) of this section, including all proceedings on a1735
motion for a temporary protection order, are critical stages of1736
the case, and a victim may be accompanied by a victim advocate or1737
another person to provide support to the victim as provided in1738
that section.1739

       (B) The motion shall be prepared on a form that is provided1740
by the clerk of the court, which form shall be substantially as1741
follows:1742

"MOTION FOR TEMPORARY PROTECTION ORDER
1743

.......................... Court
1744

Name and address of court
1745

State of Ohio1746

v. No. .......... 1747

.................1748

Name of Defendant1749

(name of person), moves the court to issue a temporary protection1750
order containing terms designed to ensure the safety and1751
protection of the complainant, alleged victim, and other family or1752
household members, in relation to the named defendant, pursuant to1753
its authority to issue such an order under section 2919.26 of the1754
Revised Code.1755

       A complaint, a copy of which has been attached to this1756
motion, has been filed in this court charging the named defendant1757
with .......................... (name of the specified violation 1758
or the offense of violence charged) in circumstances in which the 1759
victim was a family or household member in violation of (section 1760
of the Revised Code designating the specified violation or offense 1761
of violence charged), or charging the named defendant with a1762
violation of a municipal ordinance that is substantially similar1763
to ........................ (section of the Revised Code 1764
designating the specified violation or offense of violence 1765
charged) involving a family or household member.1766

       I understand that I must appear before the court, at a time1767
set by the court within twenty-four hours after the filing of this1768
motion, for a hearing on the motion or that, if I am unable to1769
appear because of hospitalization or a medical condition resulting1770
from the offense alleged in the complaint, a person who can1771
provide information about my need for a temporary protection order1772
must appear before the court in lieu of my appearing in court. I1773
understand that any temporary protection order granted pursuant to1774
this motion is a pretrial condition of release and is effective1775
only until the disposition of the criminal proceeding arising out1776
of the attached complaint, or the issuance of a civil protection1777
order or the approval of a consent agreement, arising out of the1778
same activities as those that were the basis of the complaint,1779
under section 3113.31 of the Revised Code.1780

..........................................1781

Signature of person1782

(or signature of the arresting officer who filed the motion on1783
behalf of the alleged victim)1784

..........................................1785

Address of person (or office address of the arresting officer who1786
filed the motion on behalf of the alleged victim)"1787

       (C)(1) As soon as possible after the filing of a motion that1788
requests the issuance of a temporary protection order, but not1789
later than twenty-four hours after the filing of the motion, the1790
court shall conduct a hearing to determine whether to issue the1791
order. The person who requested the order shall appear before the1792
court and provide the court with the information that it requests1793
concerning the basis of the motion. If the person who requested1794
the order is unable to appear and if the court finds that the1795
failure to appear is because of the person's hospitalization or1796
medical condition resulting from the offense alleged in the1797
complaint, another person who is able to provide the court with1798
the information it requests may appear in lieu of the person who1799
requested the order. If the court finds that the safety and1800
protection of the complainant, alleged victim, or any other family1801
or household member of the alleged offendervictim may be impaired 1802
by the continued presence of the alleged offender, the court may1803
issue a temporary protection order, as a pretrial condition of1804
release, that contains terms designed to ensure the safety and1805
protection of the complainant, alleged victim, or the family or 1806
household member, including a requirement that the alleged 1807
offender refrain from entering the residence, school, business, or 1808
place of employment of the complainant, alleged victim, or the 1809
family or household member.1810

       (2)(a) If the court issues a temporary protection order that1811
includes a requirement that the alleged offender refrain from1812
entering the residence, school, business, or place of employment1813
of the complainant, the alleged victim, or the family or household1814
member, the order shall state clearly that the order cannot be1815
waived or nullified by an invitation to the alleged offender from1816
the complainant, alleged victim, or family or household member to1817
enter the residence, school, business, or place of employment or1818
by the alleged offender's entry into one of those places otherwise1819
upon the consent of the complainant, alleged victim, or family or1820
household member.1821

       (b) Division (C)(2)(a) of this section does not limit any1822
discretion of a court to determine that an alleged offender1823
charged with a violation of section 2919.27 of the Revised Code,1824
with a violation of a municipal ordinance substantially equivalent1825
to that section, or with contempt of court, which charge is based1826
on an alleged violation of a temporary protection order issued1827
under this section, did not commit the violation or was not in1828
contempt of court.1829

       (D)(1) Upon the filing of a complaint that alleges a 1830
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the 1831
Revised Code if the alleged victim of the violation was a family 1832
or household member at the time of the violation, a violation of a 1833
municipal ordinance that is substantially similar to any of those 1834
sections if the alleged victim of the violation was a family or 1835
household member at the time of the violation, or any offense of 1836
violence if the alleged victim of the offense was a family or 1837
household member at the time of the commission of the offense, or 1838
any sexually oriented offense, the court, upon its own motion, may 1839
issue a temporary protection order as a pretrial condition of 1840
release if it finds that the safety and protection of the 1841
complainant, alleged victim, or other family or household member 1842
of the alleged offender may be impaired by the continued presence 1843
of the alleged offender.1844

       (2) If the court issues a temporary protection order under1845
this section as an ex parte order, it shall conduct, as soon as1846
possible after the issuance of the order, a hearing in the1847
presence of the alleged offender not later than the next day on1848
which the court is scheduled to conduct business after the day on1849
which the alleged offender was arrested or at the time of the1850
appearance of the alleged offender pursuant to summons to1851
determine whether the order should remain in effect, be modified,1852
or be revoked. The hearing shall be conducted under the standards1853
set forth in division (C) of this section.1854

       (3) An order issued under this section shall contain only1855
those terms authorized in orders issued under division (C) of this1856
section.1857

       (4) If a municipal court or a county court issues a temporary 1858
protection order under this section and if, subsequent to the 1859
issuance of the order, the alleged offender who is the subject of 1860
the order is bound over to the court of common pleas for 1861
prosecution of a felony arising out of the same activities as1862
those that were the basis of the complaint upon which the order is1863
based, notwithstanding the fact that the order was issued by a1864
municipal court or county court, the order shall remain in effect,1865
as though it were an order of the court of common pleas, while the1866
charges against the alleged offender are pending in the court of1867
common pleas, for the period of time described in division (E)(2)1868
of this section, and the court of common pleas has exclusive1869
jurisdiction to modify the order issued by the municipal court or1870
county court. This division applies when the alleged offender is1871
bound over to the court of common pleas as a result of the person1872
waiving a preliminary hearing on the felony charge, as a result of1873
the municipal court or county court having determined at a1874
preliminary hearing that there is probable cause to believe that1875
the felony has been committed and that the alleged offender1876
committed it, as a result of the alleged offender having been1877
indicted for the felony, or in any other manner.1878

       (E) A temporary protection order that is issued as a pretrial 1879
condition of release under this section:1880

       (1) Is in addition to, but shall not be construed as a part1881
of, any bail set under Criminal Rule 46;1882

       (2) Is effective only until the occurrence of either of the1883
following:1884

       (a) The disposition, by the court that issued the order or,1885
in the circumstances described in division (D)(4) of this section,1886
by the court of common pleas to which the alleged offender is1887
bound over for prosecution, of the criminal proceeding arising out1888
of the complaint upon which the order is based;1889

       (b) The issuance of a protection order or the approval of a1890
consent agreement, arising out of the same activities as those1891
that were the basis of the complaint upon which the order is1892
based, under section 3113.31 of the Revised Code;1893

       (3) Shall not be construed as a finding that the alleged1894
offender committed the alleged offense, and shall not be1895
introduced as evidence of the commission of the offense at the1896
trial of the alleged offender on the complaint upon which the1897
order is based.1898

       (F) A person who meets the criteria for bail under Criminal1899
Rule 46 and who, if required to do so pursuant to that rule,1900
executes or posts bond or deposits cash or securities as bail,1901
shall not be held in custody pending a hearing before the court on1902
a motion requesting a temporary protection order.1903

       (G)(1) A copy of any temporary protection order that is1904
issued under this section shall be issued by the court to the1905
complainant, to the alleged victim, to the person who requested1906
the order, to the defendant, and to all law enforcement agencies1907
that have jurisdiction to enforce the order. The court shall1908
direct that a copy of the order be delivered to the defendant on1909
the same day that the order is entered. If a municipal court or a1910
county court issues a temporary protection order under this1911
section and if, subsequent to the issuance of the order, the1912
defendant who is the subject of the order is bound over to the1913
court of common pleas for prosecution as described in division1914
(D)(4) of this section, the municipal court or county court shall1915
direct that a copy of the order be delivered to the court of1916
common pleas to which the defendant is bound over.1917

       (2) All law enforcement agencies shall establish and maintain 1918
an index for the temporary protection orders delivered to the 1919
agencies pursuant to division (G)(1) of this section. With1920
respect to each order delivered, each agency shall note on the1921
index, the date and time of the receipt of the order by the1922
agency.1923

       (3) A complainant, alleged victim, or other person who1924
obtains a temporary protection order under this section may1925
provide notice of the issuance of the temporary protection order1926
to the judicial and law enforcement officials in any county other1927
than the county in which the order is issued by registering that1928
order in the other county in accordance with division (N) of1929
section 3113.31 of the Revised Code and filing a copy of the1930
registered protection order with a law enforcement agency in the1931
other county in accordance with that division.1932

       (4) Any officer of a law enforcement agency shall enforce a1933
temporary protection order issued by any court in this state in1934
accordance with the provisions of the order, including removing1935
the defendant from the premises, regardless of whether the order1936
is registered in the county in which the officer's agency has1937
jurisdiction as authorized by division (G)(3) of this section.1938

       (H) Upon a violation of a temporary protection order, the1939
court may issue another temporary protection order, as a pretrial1940
condition of release, that modifies the terms of the order that1941
was violated.1942

       (I)(1) As used in divisions (I)(1) and (2) of this section,1943
"defendant" means a person who is alleged in a complaint to have1944
committed a violation or offense of violence of the type described 1945
in division (A) of this section.1946

       (2) If a complaint is filed that alleges that a person1947
committed a violation or offense of violence of the type described 1948
in division (A) of this section, the court may not issue a 1949
temporary protection order under this section that requires the 1950
complainant, the alleged victim, or another family or household 1951
member of the defendant to do or refrain from doing an act that 1952
the court may require the defendant to do or refrain from doing 1953
under a temporary protection order unless both of the following 1954
apply:1955

       (a) The defendant has filed a separate complaint that alleges 1956
that the complainant, alleged victim, or other family or household 1957
member in question who would be required under the order to do or 1958
refrain from doing the act committed a violation or offense of 1959
violence of the type described in division (A) of this section.1960

       (b) The court determines that both the complainant, alleged1961
victim, or other family or household member in question who would1962
be required under the order to do or refrain from doing the act1963
and the defendant acted primarily as aggressors, that neither the1964
complainant, alleged victim, or other family or household member1965
in question who would be required under the order to do or refrain1966
from doing the act nor the defendant acted primarily in1967
self-defense, and, in accordance with the standards and criteria1968
of this section as applied in relation to the separate complaint1969
filed by the defendant, that it should issue the order to require1970
the complainant, alleged victim, or other family or household1971
member in question to do or refrain from doing the act.1972

       (J) Notwithstanding any provision of law to the contrary and1973
regardless of whether a protection order is issued or a consent1974
agreement is approved by a court of another county or a court of1975
another state, no court or unit of state or local government shall1976
charge any fee, cost, deposit, or money in connection with the 1977
filing of a motion pursuant to this section, in connection with 1978
the filing, issuance, registration, or service of a protection 1979
order or consent agreement, or for obtaining a certified copy of a 1980
protection order or consent agreement.1981

       (K) As used in this section, "victim:1982

       (1) "Sexually oriented offense" has the same meaning as in 1983
section 2950.01 of the Revised Code.1984

       (2) "Victim advocate" means a person who provides support and 1985
assistance for a victim of an offense during court proceedings.1986

       Sec. 2950.11.  (A) As used in this section, "specified1987
geographical notification area" means the geographic area or areas1988
within which the attorney general, by rule adopted under section1989
2950.13 of the Revised Code, requires the notice described in1990
division (B) of this section to be given to the persons identified1991
in divisions (A)(2) to (8) of this section. If a person is1992
convicted of or pleads guilty to, or has been convicted of or1993
pleaded guilty to, either a sexually oriented offense that is not 1994
a registration-exempt sexually oriented offense or a child-victim 1995
oriented offense, or a person is adjudicated a delinquent child 1996
for committing either a sexually oriented offense that is not a 1997
registration-exempt sexually oriented offense or a child-victim 1998
oriented offense and is classified a juvenile offender registrant 1999
or is an out-of-state juvenile offender registrant based on that2000
adjudication, and if the offender or delinquent child is in any2001
category specified in division (F)(1)(a), (b), or (c) of this2002
section, the sheriff with whom the offender or delinquent child2003
has most recently registered under section 2950.04, 2950.041, or2004
2950.05 of the Revised Code and the sheriff to whom the offender 2005
or delinquent child most recently sent a notice of intent to 2006
reside under section 2950.04 or 2950.041 of the Revised Code,2007
within the period of time specified in division (C) of this2008
section, shall provide a written notice containing the information2009
set forth in division (B) of this section to all of the persons 2010
described in divisions (A)(1) to (9) of this section. If the 2011
sheriff has sent a notice to the persons described in those 2012
divisions as a result of receiving a notice of intent to reside 2013
and if the offender or delinquent child registers a residence 2014
address that is the same residence address described in the notice 2015
of intent to reside, the sheriff is not required to send an 2016
additional notice when the offender or delinquent child registers. 2017
The sheriff shall provide the notice to all of the following 2018
persons:2019

       (1)(a) Any occupant of each residential unit that is located 2020
within one thousand feet of the offender's or delinquent child's 2021
residential premises, that is located within the county served by 2022
the sheriff, and that is not located in a multi-unit building. 2023
Division (D)(3) of this section applies regarding notices required 2024
under this division.2025

       (b) If the offender or delinquent child resides in a 2026
multi-unit building, any occupant of each residential unit that is 2027
located in that multi-unit building and that shares a common 2028
hallway with the offender or delinquent child. For purposes of 2029
this division, an occupant's unit shares a common hallway with the 2030
offender or delinquent child if the entrance door into the 2031
occupant's unit is located on the same floor and opens into the 2032
same hallway as the entrance door to the unit the offender or 2033
delinquent child occupies. Division (D)(3) of this section applies 2034
regarding notices required under this division.2035

       (c) The building manager, or the person the building owner or 2036
condominium unit owners association authorizes to exercise 2037
management and control, of each multi-unit building that is 2038
located within one thousand feet of the offender's or delinquent 2039
child's residential premises, including a multi-unit building in 2040
which the offender or delinquent child resides, and that is 2041
located within the county served by the sheriff. In addition to 2042
notifying the building manager or the person authorized to 2043
exercise management and control in the multi-unit building under 2044
this division, the sheriff shall post a copy of the notice 2045
prominently in each common entryway in the building and any other 2046
location in the building the sheriff determines appropriate. The 2047
manager or person exercising management and control of the 2048
building shall permit the sheriff to post copies of the notice 2049
under this division as the sheriff determines appropriate. In lieu 2050
of posting copies of the notice as described in this division, a 2051
sheriff may provide notice to all occupants of the multi-unit 2052
building by mail or personal contact; if the sheriff so notifies 2053
all the occupants, the sheriff is not required to post copies of 2054
the notice in the common entryways to the building. Division 2055
(D)(3) of this section applies regarding notices required under 2056
this division.2057

       (d) All additional persons who are within any category of 2058
neighbors of the offender or delinquent child that the attorney 2059
general by rule adopted under section 2950.13 of the Revised Code 2060
requires to be provided the notice and who reside within the 2061
county served by the sheriff;2062

       (2) The executive director of the public children services2063
agency that has jurisdiction within the specified geographical2064
notification area and that is located within the county served by2065
the sheriff;2066

       (3)(a) The superintendent of each board of education of a2067
school district that has schools within the specified geographical2068
notification area and that is located within the county served by2069
the sheriff;2070

       (b) The principal of the school within the specified2071
geographical notification area and within the county served by the2072
sheriff that the delinquent child attends;2073

       (c) If the delinquent child attends a school outside of the2074
specified geographical notification area or outside of the school2075
district where the delinquent child resides, the superintendent of2076
the board of education of a school district that governs the2077
school that the delinquent child attends and the principal of the2078
school that the delinquent child attends.2079

       (4)(a) The appointing or hiring officer of each chartered2080
nonpublic school located within the specified geographical2081
notification area and within the county served by the sheriff or2082
of each other school located within the specified geographical2083
notification area and within the county served by the sheriff and2084
that is not operated by a board of education described in division2085
(A)(3) of this section;2086

       (b) Regardless of the location of the school, the appointing2087
or hiring officer of a chartered nonpublic school that the2088
delinquent child attends.2089

       (5) The director, head teacher, elementary principal, or site 2090
administrator of each preschool program governed by Chapter 3301. 2091
of the Revised Code that is located within the specified2092
geographical notification area and within the county served by the2093
sheriff;2094

       (6) The administrator of each child day-care center or type A 2095
family day-care home that is located within the specified2096
geographical notification area and within the county served by the2097
sheriff, and the provider of each certified type B family day-care2098
home that is located within the specified geographical2099
notification area and within the county served by the sheriff. As2100
used in this division, "child day-care center," "type A family2101
day-care home," and "certified type B family day-care home" have2102
the same meanings as in section 5104.01 of the Revised Code.2103

       (7) The president or other chief administrative officer of2104
each institution of higher education, as defined in section2105
2907.03 of the Revised Code, that is located within the specified2106
geographical notification area and within the county served by the2107
sheriff, and the chief law enforcement officer of the state2108
university law enforcement agency or campus police department2109
established under section 3345.04 or 1713.50 of the Revised Code,2110
if any, that serves that institution;2111

       (8) The sheriff of each county that includes any portion of2112
the specified geographical notification area;2113

       (9) If the offender or delinquent child resides within the2114
county served by the sheriff, the chief of police, marshal, or2115
other chief law enforcement officer of the municipal corporation2116
in which the offender or delinquent child resides or, if the2117
offender or delinquent child resides in an unincorporated area,2118
the constable or chief of the police department or police district2119
police force of the township in which the offender or delinquent2120
child resides.2121

       (B) The notice required under division (A) of this section2122
shall include all of the following information regarding the2123
subject offender or delinquent child:2124

       (1) The offender's or delinquent child's name;2125

       (2) The address or addresses of the offender's residence, 2126
school, institution of higher education, or place of employment, 2127
as applicable, or the delinquent child's residence address or 2128
addresses;2129

       (3) The sexually oriented offense or child-victim oriented 2130
offense of which the offender was convicted, to which the offender 2131
pleaded guilty, or for which the child was adjudicated a 2132
delinquent child;2133

       (4) All of the following statements that are applicable:2134

       (a) A statement that the offender has been adjudicated a 2135
sexual predator, a statement that the offender has been convicted 2136
of or pleaded guilty to an aggravated sexually oriented offense, a 2137
statement that the delinquent child has been adjudicated a sexual 2138
predator and that, as of the date of the notice, the court has not 2139
entered a determination that the delinquent child no longer is a 2140
sexual predator, or a statement that the sentencing or reviewing 2141
judge has determined that the offender or delinquent child is a2142
habitual sex offender and that, as of the date of the notice, the 2143
determination regarding a delinquent child has not been removed 2144
pursuant to section 2152.84 or 2152.85 of the Revised Code;2145

       (b) A statement that the offender has been adjudicated a 2146
child-victim predator, a statement that the delinquent child has 2147
been adjudicated a child-victim predator and that, as of the date 2148
of the notice, the court has not entered a determination that the 2149
delinquent child no longer is a child-victim predator, or a 2150
statement that the sentencing or reviewing judge has determined 2151
that the offender or delinquent child is a habitual child-victim 2152
offender and that, as of the date of the notice, the determination 2153
regarding a delinquent child has not been removed pursuant to 2154
section 2152.84 or 2152.85 of the Revised Code;2155

       (5) The offender's or delinquent child's photograph.2156

       (C) If a sheriff with whom an offender or delinquent child2157
registers under section 2950.04, 2950.041, or 2950.05 of the 2158
Revised Code or to whom the offender or delinquent child most 2159
recently sent a notice of intent to reside under section 2950.04 2160
or 2950.041 of the Revised Code is required by division (A) of 2161
this section to provide notices regarding an offender or 2162
delinquent child and if, pursuant to that requirement, the sheriff 2163
provides a notice to a sheriff of one or more other counties in 2164
accordance with division (A)(8) of this section, the sheriff of 2165
each of the other counties who is provided notice under division 2166
(A)(8) of this section shall provide the notices described in2167
divisions (A)(1) to (7) and (A)(9) of this section to each person 2168
or entity identified within those divisions that is located within 2169
the specified geographical notification area and within the county 2170
served by the sheriff in question.2171

       (D)(1) A sheriff required by division (A) or (C) of this2172
section to provide notices regarding an offender or delinquent2173
child shall provide the notice to the neighbors that are described2174
in division (A)(1) of this section and the notices to law2175
enforcement personnel that are described in divisions (A)(8) and2176
(9) of this section as soon as practicable, but no later than five 2177
days after the offender sends the notice of intent to reside to 2178
the sheriff and again no later than five days after the offender2179
or delinquent child registers with the sheriff or, if the sheriff 2180
is required by division (C) of this section to provide the 2181
notices, no later than five days after the sheriff is provided the2182
notice described in division (A)(8) of this section.2183

       A sheriff required by division (A) or (C) of this section to2184
provide notices regarding an offender or delinquent child shall2185
provide the notices to all other specified persons that are2186
described in divisions (A)(2) to (7) of this section as soon as 2187
practicable, but not later than seven days after the offender or 2188
delinquent child registers with the sheriff or, if the sheriff is 2189
required by division (C) of this section to provide the notices, 2190
no later than five days after the sheriff is provided the notice 2191
described in division (A)(8) of this section.2192

       (2) If an offender or delinquent child in relation to whom2193
division (A) of this section applies verifies the offender's or2194
delinquent child's current residence, school, institution of 2195
higher education, or place of employment address, as applicable, 2196
with a sheriff pursuant to section 2950.06 of the Revised Code, 2197
the sheriff may provide a written notice containing the 2198
information set forth in division (B) of this section to the2199
persons identified in divisions (A)(1) to (9) of this section. If 2200
a sheriff provides a notice pursuant to this division to the2201
sheriff of one or more other counties in accordance with division 2202
(A)(8) of this section, the sheriff of each of the other counties 2203
who is provided the notice under division (A)(8) of this section 2204
may provide, but is not required to provide, a written notice2205
containing the information set forth in division (B) of this 2206
section to the persons identified in divisions (A)(1) to (7) and 2207
(A)(9) of this section.2208

       (3) A sheriff may provide notice under division (A)(1)(a) or 2209
(b) of this section, and may provide notice under division 2210
(A)(1)(c) of this section to a building manager or person 2211
authorized to exercise management and control of a building, by 2212
mail, by personal contact, or by leaving the notice at or under 2213
the entry door to a residential unit. For purposes of divisions 2214
(A)(1)(a) and (b) of this section, and the portion of division 2215
(A)(1)(c) of this section relating to the provision of notice to 2216
occupants of a multi-unit building by mail or personal contact, 2217
the provision of one written notice per unit is deemed as 2218
providing notice to all occupants of that unit.2219

       (E) All information that a sheriff possesses regarding a2220
sexual predator, a habitual sex offender, a child-victim predator, 2221
or a habitual child-victim offender that is described in division2222
(B) of this section and that must be provided in a notice required 2223
under division (A) or (C) of this section or that may be provided 2224
in a notice authorized under division (D)(2) of this section is a 2225
public record that is open to inspection under section 149.43 of 2226
the Revised Code.2227

        The sheriff shall not cause to be publicly disseminated by 2228
means of the internet any of the information described in this 2229
division that is provided by a sexual predator, habitual sex 2230
offender, child-victim predator, or habitual child-victim offender 2231
who is a juvenile offender registrant, except when the act that is 2232
the basis of the child's classification as a juvenile offender 2233
registrant is a violation of, or an attempt to commit a violation 2234
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that 2235
was committed with a purpose to gratify the sexual needs or 2236
desires of the child, a violation of section 2907.02 of the 2237
Revised Code, or an attempt to commit a violation of that section.2238

       (F)(1) The duties to provide the notices described in2239
divisions (A) and (C) of this section apply regarding any offender2240
or delinquent child who is in any of the following categories, if2241
the other criteria set forth in division (A) or (C) of this2242
section, whichever is applicable, are satisfied:2243

       (a) The offender or delinquent child has been adjudicated a2244
sexual predator relative to the sexually oriented offense for2245
which the offender or delinquent child has the duty to register2246
under section 2950.04 of the Revised Code or has been adjudicated 2247
a child-victim predator relative to the child-victim oriented 2248
offense for which the offender or child has the duty to register 2249
under section 2950.041 of the Revised Code, and the court has not2250
subsequently determined pursuant to section 2152.84 or 2152.85 of 2251
the Revised Code regarding a delinquent child that the delinquent 2252
child no longer is a sexual predator or no longer is a 2253
child-victim predator, whichever is applicable.2254

       (b) The offender or delinquent child has been determined2255
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, 2256
division (B) of section 2152.83, section 2152.84, or section 2257
2152.85 of the Revised Code to be a habitual sex offender or a 2258
habitual child-victim offender, the court has imposed a 2259
requirement under that division or section subjecting the habitual 2260
sex offender or habitual child-victim offender to this section, 2261
and the determination has not been removed pursuant to section 2262
2152.84 or 2152.85 of the Revised Code regarding a delinquent 2263
child.2264

       (c) The sexually oriented offense for which the offender has2265
the duty to register under section 2950.04 of the Revised Code is2266
an aggravated sexually oriented offense, regardless of whether the2267
offender has been adjudicated a sexual predator relative to the2268
offense or has been determined to be a habitual sex offender.2269

       (2) The notification provisions of this section do not apply2270
regarding a person who is convicted of or pleads guilty to, has2271
been convicted of or pleaded guilty to, or is adjudicated a2272
delinquent child for committing, a sexually oriented offense or a 2273
child-victim oriented offense, who is not in the category 2274
specified in either division (F)(1)(a) or (c) of this section, and 2275
who is determined pursuant to division (C)(2) or (E) of section 2276
2950.09 or 2950.091, division (B) of section 2152.83, section 2277
2152.84, or section 2152.85 of the Revised Code to be a habitual 2278
sex offender or habitual child-victim offender unless the 2279
sentencing or reviewing court imposes a requirement in the 2280
offender's sentence and in the judgment of conviction that2281
contains the sentence or in the delinquent child's adjudication,2282
or imposes a requirement as described in division (C)(2) of2283
section 2950.09 or 2950.091 of the Revised Code, that subjects the2284
offender or the delinquent child to the provisions of this 2285
section.2286

       (G) The department of job and family services shall compile,2287
maintain, and update in January and July of each year, a list of2288
all agencies, centers, or homes of a type described in division2289
(A)(2) or (6) of this section that contains the name of each2290
agency, center, or home of that type, the county in which it is2291
located, its address and telephone number, and the name of an2292
administrative officer or employee of the agency, center, or home.2293
The department of education shall compile, maintain, and update in2294
January and July of each year, a list of all boards of education,2295
schools, or programs of a type described in division (A)(3), (4),2296
or (5) of this section that contains the name of each board of2297
education, school, or program of that type, the county in which it2298
is located, its address and telephone number, the name of the2299
superintendent of the board or of an administrative officer or2300
employee of the school or program, and, in relation to a board of2301
education, the county or counties in which each of its schools is2302
located and the address of each such school. The Ohio board of2303
regents shall compile, maintain, and update in January and July of2304
each year, a list of all institutions of a type described in2305
division (A)(7) of this section that contains the name of each2306
such institution, the county in which it is located, its address2307
and telephone number, and the name of its president or other chief2308
administrative officer. A sheriff required by division (A) or (C)2309
of this section, or authorized by division (D)(2) of this section,2310
to provide notices regarding an offender or delinquent child, or a2311
designee of a sheriff of that type, may request the department of2312
job and family services, department of education, or Ohio board of2313
regents, by telephone, in person, or by mail, to provide the2314
sheriff or designee with the names, addresses, and telephone2315
numbers of the appropriate persons and entities to whom the2316
notices described in divisions (A)(2) to (7) of this section are2317
to be provided. Upon receipt of a request, the department or board 2318
shall provide the requesting sheriff or designee with the names, 2319
addresses, and telephone numbers of the appropriate persons and 2320
entities to whom those notices are to be provided.2321

       (H)(1) Upon the motion of the offender or the prosecuting 2322
attorney of the county in which the offender was convicted of or 2323
pleaded guilty to the sexually oriented offense or child-victim 2324
oriented offense for which the offender is subject to community 2325
notification under this section, or upon the motion of the 2326
sentencing judge or that judge's successor in office, the judge 2327
may schedule a hearing to determine whether the interests of 2328
justice would be served by suspending the community notification 2329
requirement under this section in relation to the offender. The 2330
judge may dismiss the motion without a hearing but may not issue 2331
an order suspending the community notification requirement without 2332
a hearing. At the hearing, all parties are entitled to be heard, 2333
and the judge shall consider all of the factors set forth in 2334
division (B)(3) of section 2950.09 of the Revised Code. If, at the 2335
conclusion of the hearing, the judge finds that the offender has 2336
proven by clear and convincing evidence that the offender is 2337
unlikely to commit in the future a sexually oriented offense or a 2338
child-victim oriented offense and if the judge finds that 2339
suspending the community notification requirement is in the 2340
interests of justice, the judge may suspend the application of 2341
this section in relation to the offender. The order shall contain 2342
both of these findings.2343

       The judge promptly shall serve a copy of the order upon the 2344
sheriff with whom the offender most recently registered under 2345
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon 2346
the bureau of criminal identification and investigation.2347

        An order suspending the community notification requirement 2348
does not suspend or otherwise alter an offender's duties to comply 2349
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 2350
Revised Code and does not suspend the victim notification 2351
requirement under section 2950.10 of the Revised Code.2352

        (2) A prosecuting attorney, a sentencing judge or that 2353
judge's successor in office, and an offender who is subject to the 2354
community notification requirement under this section may 2355
initially make a motion under division (H)(1) of this section upon 2356
the expiration of twenty years after the offender's duty to comply 2357
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 2358
Revised Code begins in relation to the offense for which the 2359
offender is subject to community notification. After the initial 2360
making of a motion under division (H)(1) of this section, 2361
thereafter, the prosecutor, judge, and offender may make a 2362
subsequent motion under that division upon the expiration of five 2363
years after the judge has entered an order denying the initial 2364
motion or the most recent motion made under that division.2365

        (3) The offender and the prosecuting attorney have the right 2366
to appeal an order approving or denying a motion made under 2367
division (H)(1) of this section.2368

        (4) Division (H) of this section does not apply to any of the 2369
following types of offender:2370

        (a) A person who is convicted of or pleads guilty to a 2371
violent sex offense or designated homicide, assault, or kidnapping 2372
offense and who, in relation to that offense, is adjudicated a 2373
sexually violent predator;2374

        (b) A habitual sex offender or habitual child-victim oriented 2375
offender who is subject to community notification who, subsequent 2376
to being subjected to community notification, has pleaded guilty 2377
to or been convicted of a sexually oriented offense or a 2378
child-victim oriented offense;2379

        (c) A sexual predator or child-victim predator who is not 2380
adjudicated a sexually violent predator who, subsequent to being 2381
subjected to community notification, has pleaded guilty to or been 2382
convicted of a sexually oriented offense or child-victim oriented 2383
offense.2384

       (I) If a person is convicted of or pleads guilty to, or has 2385
been convicted of or pleaded guilty to, either a sexually oriented 2386
offense that is not a registration-exempt sexually oriented 2387
offense or a child-victim oriented offense, or a person is 2388
adjudicated a delinquent child for committing either a sexually 2389
oriented offense that is not a registration-exempt sexually 2390
oriented offense or a child-victim oriented offense and is 2391
classified a juvenile offender registrant or is an out-of-state 2392
juvenile offender registrant based on that adjudication, and if 2393
the offender or delinquent child is not in any category specified 2394
in division (F)(1)(a), (b), or (c) of this section, the sheriff 2395
with whom the offender or delinquent child has most recently 2396
registered under section 2950.04, 2950.041, or 2950.05 of the 2397
Revised Code and the sheriff to whom the offender or delinquent 2398
child most recently sent a notice of intent to reside under 2399
section 2950.04 or 2950.041 of the Revised Code, within the period 2400
of time specified in division (D) of this section, shall provide a 2401
written notice containing the information set forth in division 2402
(B) of this section to the executive director of the public 2403
children services agency that has jurisdiction within the 2404
specified geographical notification area and that is located 2405
within the county served by the sheriff.2406

       Sec. 3113.31.  (A) As used in this section:2407

       (1) "Domestic violence" means the occurrence of one or more2408
of the following acts against a family or household member:2409

       (a) Attempting to cause or recklessly causing bodily injury;2410

       (b) Placing another person by the threat of force in fear of2411
imminent serious physical harm or committing a violation of2412
section 2903.211 or 2911.211 of the Revised Code;2413

       (c) Committing any act with respect to a child that would2414
result in the child being an abused child, as defined in section2415
2151.031 of the Revised Code.2416

       (2) "Court" means the domestic relations division of the2417
court of common pleas in counties that have a domestic relations2418
division, and the court of common pleas in counties that do not2419
have a domestic relations division.2420

       (3) "Family or household member" means any of the following:2421

       (a) Any of the following who is residing with or has resided2422
with the respondent:2423

       (i) A spouse, a person living as a spouse, or a former spouse 2424
of the respondent;2425

       (ii) A parent or a child of the respondent, or another person 2426
related by consanguinity or affinity to the respondent;2427

       (iii) A parent or a child of a spouse, person living as a2428
spouse, or former spouse of the respondent, or another person2429
related by consanguinity or affinity to a spouse, person living as2430
a spouse, or former spouse of the respondent.2431

       (b) The natural parent of any child of whom the respondent is 2432
the other natural parent or is the putative other natural parent.2433

       (4) "Person living as a spouse" means a person who is living2434
or has lived with the respondent in a common law marital2435
relationship, who otherwise is cohabiting with the respondent, or2436
who otherwise has cohabited with the respondent within five years2437
prior to the date of the alleged occurrence of the act in2438
question.2439

       (5) "Victim advocate" means a person who provides support and 2440
assistance for a person who files a petition under this section.2441

       (6) "Sexually oriented offense" has the same meaning as in 2442
section 2950.01 of the Revised Code.2443

       (B) The court has jurisdiction over all proceedings under2444
this section. The petitioner's right to relief under this section2445
is not affected by the petitioner's leaving the residence or2446
household to avoid further domestic violence.2447

       (C) A person may seek relief under this section on the2448
person's own behalf, or any parent or adult household member may2449
seek relief under this section on behalf of any other family or2450
household member, by filing a petition with the court. The2451
petition shall contain or state:2452

       (1) An allegation that the respondent engaged in domestic2453
violence against a family or household member of the respondent,2454
including a description of the nature and extent of the domestic2455
violence, or committed a sexually oriented offense against the 2456
petitioner or the victim if other than the petitioner;2457

       (2) The relationship of the respondent to the petitioner, and 2458
to the victim if other than the petitioner;2459

       (3) A request for relief under this section.2460

       (D)(1) If a person who files a petition pursuant to this2461
section requests an ex parte order, the court shall hold an ex2462
parte hearing on the same day that the petition is filed. The2463
court, for good cause shown at the ex parte hearing, may enter any2464
temporary orders, with or without bond, including, but not limited2465
to, an order described in division (E)(1)(a), (b), or (c) of this2466
section, that the court finds necessary to protect the family or2467
household member from domestic violence or to protect the 2468
petitioner or victim from a sexually oriented offense. Immediate 2469
and present danger of domestic violence to the family or household2470
member or of a sexually oriented offense to the petitioner or 2471
victim constitutes good cause for purposes of this section.2472
Immediate and present danger includes, but is not limited to,2473
situations in which the respondent has threatened the family or2474
household member with bodily harm, in which the respondent has 2475
threatened the petitioner or victim with a sexually oriented 2476
offense, or in which the respondent previously has been convicted 2477
of or pleaded guilty to an offense that constitutes domestic 2478
violence against the family or household member or a sexually 2479
oriented offense against the petitioner or victim.2480

       (2)(a) If the court, after an ex parte hearing, issues an2481
order described in division (E)(1)(b) or (c) of this section, the2482
court shall schedule a full hearing for a date that is within2483
seven court days after the ex parte hearing. If any other type of2484
protection order that is authorized under division (E) of this2485
section is issued by the court after an ex parte hearing, the2486
court shall schedule a full hearing for a date that is within ten2487
court days after the ex parte hearing. The court shall give the2488
respondent notice of, and an opportunity to be heard at, the full2489
hearing. The court shall hold the full hearing on the date2490
scheduled under this division unless the court grants a2491
continuance of the hearing in accordance with this division. Under2492
any of the following circumstances or for any of the following2493
reasons, the court may grant a continuance of the full hearing to2494
a reasonable time determined by the court:2495

       (i) Prior to the date scheduled for the full hearing under2496
this division, the respondent has not been served with the2497
petition filed pursuant to this section and notice of the full2498
hearing.2499

       (ii) The parties consent to the continuance.2500

       (iii) The continuance is needed to allow a party to obtain2501
counsel.2502

       (iv) The continuance is needed for other good cause.2503

       (b) An ex parte order issued under this section does not2504
expire because of a failure to serve notice of the full hearing2505
upon the respondent before the date set for the full hearing under2506
division (D)(2)(a) of this section or because the court grants a2507
continuance under that division.2508

       (3) If a person who files a petition pursuant to this section2509
does not request an ex parte order, or if a person requests an ex2510
parte order but the court does not issue an ex parte order after2511
an ex parte hearing, the court shall proceed as in a normal civil2512
action and grant a full hearing on the matter.2513

       (E)(1) After an ex parte or full hearing, the court may grant 2514
any protection order, with or without bond, or approve any consent 2515
agreement to bring about a cessation of domestic violence against 2516
the family or household members. The order or agreement may:2517

       (a) Direct the respondent to refrain from abusing the family2518
or household members, or from committing sexually oriented 2519
offenses against the petitioner or victim;2520

       (b) Grant possession of the residence or household to the2521
petitioner or other family or household member, to the exclusion2522
of the respondent, by evicting the respondent, when the residence2523
or household is owned or leased solely by the petitioner or other2524
family or household member, or by ordering the respondent to2525
vacate the premises, when the residence or household is jointly2526
owned or leased by the respondent, and the petitioner or other2527
family or household member;2528

       (c) When the respondent has a duty to support the petitioner2529
or other family or household member living in the residence or2530
household and the respondent is the sole owner or lessee of the2531
residence or household, grant possession of the residence or2532
household to the petitioner or other family or household member,2533
to the exclusion of the respondent, by ordering the respondent to2534
vacate the premises, or, in the case of a consent agreement, allow2535
the respondent to provide suitable, alternative housing;2536

       (d) Temporarily allocate parental rights and responsibilities 2537
for the care of, or establish temporary parenting time rights with 2538
regard to, minor children, if no other court has determined, or is 2539
determining, the allocation of parental rights and2540
responsibilities for the minor children or parenting time rights;2541

       (e) Require the respondent to maintain support, if the2542
respondent customarily provides for or contributes to the support2543
of the family or household member, or if the respondent has a duty2544
to support the petitioner or family or household member;2545

       (f) Require the respondent, petitioner, victim of domestic2546
violence, or any combination of those persons, to seek counseling;2547

       (g) Require the respondent to refrain from entering the2548
residence, school, business, or place of employment of the2549
petitioner or family or household member;2550

       (h) Grant other relief that the court considers equitable and 2551
fair, including, but not limited to, ordering the respondent to 2552
permit the use of a motor vehicle by the petitioner or other2553
family or household member and the apportionment of household and2554
family personal property.2555

       (2) If a protection order has been issued pursuant to this2556
section in a prior action involving the respondent and the2557
petitioner or one or more of the family or household members or 2558
victims, the court may include in a protection order that it 2559
issues a prohibition against the respondent returning to the 2560
residence or household. If it includes a prohibition against the2561
respondent returning to the residence or household in the order, 2562
it also shall include in the order provisions of the type 2563
described in division (E)(7) of this section. This division does 2564
not preclude the court from including in a protection order or 2565
consent agreement, in circumstances other than those described in 2566
this division, a requirement that the respondent be evicted from 2567
or vacate the residence or household or refrain from entering the2568
residence, school, business, or place of employment of the2569
petitioner or a family or household member, and, if the court2570
includes any requirement of that type in an order or agreement,2571
the court also shall include in the order provisions of the type2572
described in division (E)(7) of this section.2573

       (3)(a) Any protection order issued or consent agreement2574
approved under this section shall be valid until a date certain,2575
but not later than five years from the date of its issuance or2576
approval.2577

       (b) Subject to the limitation on the duration of an order or2578
agreement set forth in division (E)(3)(a) of this section, any2579
order under division (E)(1)(d) of this section shall terminate on2580
the date that a court in an action for divorce, dissolution of2581
marriage, or legal separation brought by the petitioner or2582
respondent issues an order allocating parental rights and2583
responsibilities for the care of children or on the date that a2584
juvenile court in an action brought by the petitioner or2585
respondent issues an order awarding legal custody of minor2586
children. Subject to the limitation on the duration of an order or2587
agreement set forth in division (E)(3)(a) of this section, any2588
order under division (E)(1)(e) of this section shall terminate on2589
the date that a court in an action for divorce, dissolution of2590
marriage, or legal separation brought by the petitioner or2591
respondent issues a support order or on the date that a juvenile2592
court in an action brought by the petitioner or respondent issues2593
a support order.2594

       (c) Any protection order issued or consent agreement approved 2595
pursuant to this section may be renewed in the same manner as the 2596
original order or agreement was issued or approved.2597

       (4) A court may not issue a protection order that requires a2598
petitioner to do or to refrain from doing an act that the court2599
may require a respondent to do or to refrain from doing under2600
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this2601
section unless all of the following apply:2602

       (a) The respondent files a separate petition for a protection 2603
order in accordance with this section.2604

       (b) The petitioner is served notice of the respondent's2605
petition at least forty-eight hours before the court holds a2606
hearing with respect to the respondent's petition, or the2607
petitioner waives the right to receive this notice.2608

       (c) If the petitioner has requested an ex parte order2609
pursuant to division (D) of this section, the court does not delay2610
any hearing required by that division beyond the time specified in2611
that division in order to consolidate the hearing with a hearing2612
on the petition filed by the respondent.2613

       (d) After a full hearing at which the respondent presents2614
evidence in support of the request for a protection order and the2615
petitioner is afforded an opportunity to defend against that2616
evidence, the court determines that the petitioner has committed2617
an act of domestic violence or has violated a temporary protection2618
order issued pursuant to section 2919.26 of the Revised Code, that2619
both the petitioner and the respondent acted primarily as2620
aggressors, and that neither the petitioner nor the respondent2621
acted primarily in self-defense.2622

       (5) No protection order issued or consent agreement approved2623
under this section shall in any manner affect title to any real2624
property.2625

       (6)(a) If a petitioner, or the child of a petitioner, who2626
obtains a protection order or consent agreement pursuant to2627
division (E)(1) of this section or a temporary protection order2628
pursuant to section 2919.26 of the Revised Code and is the subject2629
of a parenting time order issued pursuant to section 3109.051 or2630
3109.12 of the Revised Code or a visitation or companionship order2631
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the2632
Revised Code or division (E)(1)(d) of this section granting2633
parenting time rights to the respondent, the court may require the2634
public children services agency of the county in which the court2635
is located to provide supervision of the respondent's exercise of2636
parenting time or visitation or companionship rights with respect2637
to the child for a period not to exceed nine months, if the court2638
makes the following findings of fact:2639

       (i) The child is in danger from the respondent;2640

       (ii) No other person or agency is available to provide the2641
supervision.2642

       (b) A court that requires an agency to provide supervision2643
pursuant to division (E)(6)(a) of this section shall order the2644
respondent to reimburse the agency for the cost of providing the2645
supervision, if it determines that the respondent has sufficient2646
income or resources to pay that cost.2647

       (7)(a) If a protection order issued or consent agreement2648
approved under this section includes a requirement that the2649
respondent be evicted from or vacate the residence or household or2650
refrain from entering the residence, school, business, or place of2651
employment of the petitioner or a family or household member, the2652
order or agreement shall state clearly that the order or agreement2653
cannot be waived or nullified by an invitation to the respondent2654
from the petitioner or other family or household member to enter2655
the residence, school, business, or place of employment or by the2656
respondent's entry into one of those places otherwise upon the2657
consent of the petitioner or other family or household member.2658

       (b) Division (E)(7)(a) of this section does not limit any2659
discretion of a court to determine that a respondent charged with2660
a violation of section 2919.27 of the Revised Code, with a2661
violation of a municipal ordinance substantially equivalent to2662
that section, or with contempt of court, which charge is based on2663
an alleged violation of a protection order issued or consent2664
agreement approved under this section, did not commit the2665
violation or was not in contempt of court.2666

       (F)(1) A copy of any protection order, or consent agreement,2667
that is issued or approved under this section shall be issued by2668
the court to the petitioner, to the respondent, and to all law2669
enforcement agencies that have jurisdiction to enforce the order2670
or agreement. The court shall direct that a copy of an order be2671
delivered to the respondent on the same day that the order is2672
entered.2673

       (2) All law enforcement agencies shall establish and maintain 2674
an index for the protection orders and the approved consent 2675
agreements delivered to the agencies pursuant to division (F)(1) 2676
of this section. With respect to each order and consent agreement 2677
delivered, each agency shall note on the index the date and time 2678
that it received the order or consent agreement.2679

       (3) Regardless of whether the petitioner has registered the2680
order or agreement in the county in which the officer's agency has2681
jurisdiction pursuant to division (N) of this section, any officer2682
of a law enforcement agency shall enforce a protection order2683
issued or consent agreement approved by any court in this state in2684
accordance with the provisions of the order or agreement,2685
including removing the respondent from the premises, if2686
appropriate.2687

       (G) Any proceeding under this section shall be conducted in2688
accordance with the Rules of Civil Procedure, except that an order2689
under this section may be obtained with or without bond. An order2690
issued under this section, other than an ex parte order, that2691
grants a protection order or approves a consent agreement, or that2692
refuses to grant a protection order or approve a consent2693
agreement, is a final, appealable order. The remedies and2694
procedures provided in this section are in addition to, and not in2695
lieu of, any other available civil or criminal remedies.2696

       (H) The filing of proceedings under this section does not2697
excuse a person from filing any report or giving any notice2698
required by section 2151.421 of the Revised Code or by any other2699
law. When a petition under this section alleges domestic violence2700
against minor children, the court shall report the fact, or cause2701
reports to be made, to a county, township, or municipal peace2702
officer under section 2151.421 of the Revised Code.2703

       (I) Any law enforcement agency that investigates a domestic2704
dispute shall provide information to the family or household2705
members involved regarding the relief available under this section2706
and section 2919.26 of the Revised Code.2707

       (J) Notwithstanding any provision of law to the contrary and2708
regardless of whether a protection order is issued or a consent2709
agreement is approved by a court of another county or a court of2710
another state, no court or unit of state or local government shall2711
charge any fee, cost, deposit, or money in connection with the 2712
filing of a petition pursuant to this section or in connection2713
with the filing, issuance, registration, or service of a2714
protection order or consent agreement, or for obtaining a2715
certified copy of a protection order or consent agreement.2716

       (K)(1) The court shall comply with Chapters 3119., 3121.,2717
3123., and 3125. of the Revised Code when it makes or modifies an2718
order for child support under this section.2719

       (2) If any person required to pay child support under an2720
order made under this section on or after April 15, 1985, or2721
modified under this section on or after December 31, 1986, is2722
found in contempt of court for failure to make support payments2723
under the order, the court that makes the finding, in addition to2724
any other penalty or remedy imposed, shall assess all court costs2725
arising out of the contempt proceeding against the person and2726
require the person to pay any reasonable attorney's fees of any2727
adverse party, as determined by the court, that arose in relation2728
to the act of contempt.2729

       (L)(1) A person who violates a protection order issued or a2730
consent agreement approved under this section is subject to the2731
following sanctions:2732

       (a) Criminal prosecution for a violation of section 2919.272733
of the Revised Code, if the violation of the protection order or2734
consent agreement constitutes a violation of that section;2735

       (b) Punishment for contempt of court.2736

       (2) The punishment of a person for contempt of court for2737
violation of a protection order issued or a consent agreement2738
approved under this section does not bar criminal prosecution of2739
the person for a violation of section 2919.27 of the Revised Code.2740
However, a person punished for contempt of court is entitled to2741
credit for the punishment imposed upon conviction of a violation2742
of that section, and a person convicted of a violation of that2743
section shall not subsequently be punished for contempt of court2744
arising out of the same activity.2745

       (M) In all stages of a proceeding under this section, a2746
petitioner may be accompanied by a victim advocate.2747

       (N)(1) A petitioner who obtains a protection order or consent 2748
agreement under this section or a temporary protection order under 2749
section 2919.26 of the Revised Code may provide notice of the 2750
issuance or approval of the order or agreement to the judicial and 2751
law enforcement officials in any county other than the county in 2752
which the order is issued or the agreement is approved by2753
registering that order or agreement in the other county pursuant 2754
to division (N)(2) of this section and filing a copy of the 2755
registered order or registered agreement with a law enforcement 2756
agency in the other county in accordance with that division. A 2757
person who obtains a protection order issued by a court of another 2758
state may provide notice of the issuance of the order to the2759
judicial and law enforcement officials in any county of this state 2760
by registering the order in that county pursuant to section 2761
2919.272 of the Revised Code and filing a copy of the registered 2762
order with a law enforcement agency in that county.2763

       (2) A petitioner may register a temporary protection order,2764
protection order, or consent agreement in a county other than the2765
county in which the court that issued the order or approved the2766
agreement is located in the following manner:2767

       (a) The petitioner shall obtain a certified copy of the order 2768
or agreement from the clerk of the court that issued the order or 2769
approved the agreement and present that certified copy to the 2770
clerk of the court of common pleas or the clerk of a municipal2771
court or county court in the county in which the order or2772
agreement is to be registered.2773

       (b) Upon accepting the certified copy of the order or2774
agreement for registration, the clerk of the court of common2775
pleas, municipal court, or county court shall place an endorsement2776
of registration on the order or agreement and give the petitioner2777
a copy of the order or agreement that bears that proof of2778
registration.2779

       (3) The clerk of each court of common pleas, the clerk of2780
each municipal court, and the clerk of each county court shall2781
maintain a registry of certified copies of temporary protection2782
orders, protection orders, or consent agreements that have been2783
issued or approved by courts in other counties and that have been2784
registered with the clerk.2785

       Sec. 3797.01.  As used in sections 3797.01 to 3797.12 of the 2786
Revised Code:2787

       (A) "Employed" means employed for more than fourteen days or 2788
for an aggregate of thirty days in a calendar year.2789

        (B) "Registrant" means a person against whom a court has 2790
entered a declaratory judgment under section 2721.21 of the 2791
Revised Code and issued an order that the person be listed on the 2792
civil registry maintained by the attorney general pursuant to 2793
section 3797.08 of the Revised Code.2794

       (C) "Reside" includes temporarily reside.2795

       (D) "Sheriff" includes a person designated by a sheriff to 2796
carry out functions that the sheriff is required to perform under 2797
sections 3797.02 to 3797.12 of the Revised Code.2798

       (E) "Temporarily reside" means live in a county in this 2799
state, other than as a permanent resident, for a period of five or 2800
more consecutive days.2801

       Sec. 3797.02.  (A)(1) A registrant shall register personally 2802
with the sheriff of the county in which the registrant resides and 2803
with the sheriff of any county in which the registrant is 2804
employed.2805

       (2) A registrant who is registered in one or more counties 2806
and who establishes a new residence or place of employment in a 2807
county in which the registrant is not registered shall register 2808
personally with the sheriff of the county in which the new 2809
residence or place of employment is located immediately upon 2810
coming into that county.2811

       (B) A registrant shall obtain from the sheriff a registration 2812
form prescribed by the attorney general pursuant to section 2813
3797.07 of the Revised Code, complete and sign the form, and 2814
return the form to the sheriff. The sheriff shall sign the form 2815
and indicate on the form the date on which it is returned. The 2816
registration required under this division is complete when the 2817
registrant returns the form, containing the requisite information, 2818
signature, and date, to the sheriff.2819

       (C) The duty to register pursuant to division (A) of this 2820
section commences on the date a declaratory judgment against the 2821
registrant is entered and continues unless and until the 2822
registrant is removed pursuant to section 2721.21 of the Revised 2823
Code from the civil registry established under section 3797.08 of 2824
the Revised Code.2825

       Sec. 3797.03.  (A) A registrant who establishes a new 2826
residence or place of employment within a county in which the 2827
registrant is registered shall promptly send the sheriff written 2828
notice of the address of the new residence or place of employment.2829

       (B) A registrant who intends to reside in a county other than 2830
the one in which the registrant has registered a residence address 2831
shall send the sheriff of the county in which the registrant 2832
intends to reside written notice of the registrant's intent to 2833
reside in that county. The registrant shall send the notice at 2834
least twenty days before the date the registrant begins to reside 2835
in the county. The notice shall include the registrant's name and 2836
the address or addresses at which the registrant intends to 2837
reside. If the change of address is not to a fixed address, the 2838
registrant shall include in the notice a detailed description of 2839
the place or places at which the registrant intends to stay and, 2840
not later than the end of the first business day immediately 2841
following the day on which the registrant obtains a fixed 2842
residence address, shall provide the sheriff written notice of the 2843
fixed residence address. If a registrant whose residence address 2844
change is not to a fixed address describes in a notice under this 2845
division the place or places at which the registrant intends to 2846
stay, the place or places so described in the notice shall be 2847
considered the registrant's residence address until the registrant 2848
provides the written notice of a fixed residence address as 2849
described in this division.2850

       Sec. 3797.04. (A) A registrant shall verify the registrant's 2851
current residence address and employment address on each 2852
anniversary of the registrant's initial registration date by 2853
personally appearing before the sheriff of the county in which the 2854
registrant is registered not earlier than ten days before the 2855
anniversary date and not later than the anniversary date and 2856
completing and signing a copy of a verification form provided by 2857
the sheriff. The sheriff shall sign the completed form and 2858
indicate on the form the date on which it is completed. The 2859
verification is complete when the registrant personally appears 2860
before the sheriff and completes and signs the form.2861

       (B) To facilitate the verification of a registrant's current 2862
residence or employment address, the sheriff with whom the 2863
registrant most recently registered the address may mail a 2864
nonforwardable verification form to the registrant's last reported 2865
residence address or employment address, as applicable, with a 2866
notice that conspicuously states that the registrant must 2867
personally appear before the sheriff to complete the form and the 2868
date by which the form must be completed. Regardless of whether a 2869
sheriff mails a form to a registrant, each registrant shall 2870
personally appear before the sheriff to verify the address.2871

       (C)(1) If a registrant fails to verify a current residence 2872
address or employment address by the date required for the 2873
verification, the sheriff with whom the registrant is required to 2874
verify the current address shall send on the day following that 2875
date required for the verification and at the registrant's last 2876
known residence or place of employment, as applicable, a written 2877
warning to the registrant regarding the registrant's duty to 2878
verify the registrant's current address.2879

       The written warning shall do all of the following:2880

       (a) Identify the sheriff who sends it and the date on which 2881
it is sent;2882

       (b) State conspicuously that the registrant has failed to 2883
verify the registrant's current residence address or employment 2884
address, as applicable, by the date required for the verification;2885

       (c) Conspicuously state that the registrant has seven days 2886
from the date on which the warning is sent to verify the current 2887
residence address or employment address, as applicable, with the 2888
sheriff who sent the warning;2889

       (d) Conspicuously state that a failure to timely verify the 2890
specified current address or addresses is a felony offense;2891

       (e) Conspicuously state that the registrant will not be 2892
prosecuted for a failure to timely verify a current address if the 2893
registrant verifies the current address with that sheriff within 2894
that seven-day period;2895

       (f) Conspicuously state that the registrant will be arrested 2896
or taken into custody, as appropriate, and prosecuted for a 2897
failure to timely verify a current address if the registrant does 2898
not verify the current address with that sheriff within that 2899
seven-day period.2900

       (2) If a registrant fails to verify a current address as 2901
required by this section by the date required for the 2902
verification, the registrant shall not be prosecuted for a 2903
violation of division (A) of section 3797.10 of the Revised Code 2904
unless the seven-day period subsequent to that date that the 2905
registrant is provided under division (C)(1) of this section to 2906
verify the current address has expired and the registrant has not 2907
verified the current address prior to the expiration of that 2908
seven-day period. Upon the expiration of the seven-day period that 2909
the registrant is provided under division (C)(1) of this section 2910
to verify the current address, if the registrant has not verified 2911
the current address, all of the following apply:2912

       (a) The sheriff with whom the registrant is required to 2913
verify the current address promptly shall notify the attorney 2914
general of the failure.2915

       (b) The sheriff with whom the registrant is required to 2916
verify the current address, the sheriff of the county in which the 2917
registrant resides or is employed, or a deputy of the appropriate 2918
sheriff shall locate the registrant, promptly shall seek a warrant 2919
for the arrest or taking into custody, as appropriate, of the 2920
registrant for the violation of division (A) of section 3797.10 of 2921
the Revised Code, and shall arrest the registrant.2922

       (c) The registrant is subject to prosecution for a violation 2923
of division (A) of section 3797.10 of the Revised Code.2924

       (D) A registrant who is required to verify a current address 2925
pursuant to division (A) of this section shall do so unless and 2926
until the registrant is removed from the civil registry pursuant 2927
to section 2721.21 of the Revised Code.2928

       Sec. 3797.05.  (A) If a registrant registers a residence 2929
address, provides notice of a change of any residence address, or 2930
verifies a current residence address pursuant to section 3797.02, 2931
3797.03, or 3797.04 of the Revised Code, all of the following 2932
apply:2933

       (1) At any time after the registration, provision of the 2934
notice, or verification, the sheriff with whom the registrant so 2935
registered or to whom the registrant so provided the notice or 2936
verified the current address may contact a person who owns, 2937
leases, or otherwise has custody, control, or supervision of the 2938
premises at the address provided by the registrant in the 2939
registration, the notice, or the verification and request that the 2940
person confirm or deny that the registrant currently resides at 2941
that address.2942

       (2) Upon receipt of a request under division (A)(1) of this 2943
section, notwithstanding any other provision of law, the person 2944
who owns, leases, or otherwise has custody, control, or 2945
supervision of the premises, or an agent of that person, shall 2946
comply with the request and inform the sheriff or designee who 2947
made the request whether or not the registrant currently resides 2948
at that address.2949

       (3) Section 3797.12 of the Revised Code applies to a person 2950
who provides information of the type described in division (A)(2) 2951
of this section in accordance with that division.2952

       (B) Division (A) of this section applies regarding any public 2953
or private residential premises, including, but not limited to, a 2954
private residence, a multi-unit residential facility, a halfway 2955
house, a homeless shelter, or any other type of residential 2956
premises.2957

       (C) A sheriff may attempt to confirm that a registrant who 2958
registers a residence address, provides notice of a change of any 2959
residence address, or verifies a current residence address as 2960
described in division (A) of this section currently resides at the 2961
address in question in manners other than the manner provided in 2962
this section. A sheriff is not limited in the number of requests 2963
that may be made under this section regarding any registration, 2964
provision of notice, or verification or in the number of times 2965
that the sheriff may attempt to confirm in manners other than the 2966
manner provided in this section that a registrant currently 2967
resides at the address in question.2968

       Sec. 3797.06.  (A) As used in this section, "specified 2969
geographical notification area" means the geographic area or areas 2970
within which the attorney general requires by rule adopted under 2971
section 3797.08 of the Revised Code the notice described in 2972
division (B) of this section to be given to the persons identified 2973
in divisions (A)(1) to (9) of this section. If a court enters a 2974
declaratory judgment against a registrant under section 2721.21 of 2975
the Revised Code, the sheriff with whom the registrant has most 2976
recently registered under section 3797.02 or 3797.03 of the 2977
Revised Code and the sheriff to whom the registrant most recently 2978
sent a notice of intent to reside under section 3797.03 of the 2979
Revised Code shall provide within the period of time specified in 2980
division (C) of this section a written notice containing the 2981
information set forth in division (B) of this section to all of 2982
the persons described in divisions (A)(1) to (9) of this section. 2983
If the sheriff has sent a notice to the persons described in those 2984
divisions as a result of receiving a notice of intent to reside 2985
and if the registrant registers a residence address that is the 2986
same residence address described in the notice of intent to 2987
reside, the sheriff is not required to send an additional notice 2988
when the registrant registers. The sheriff shall provide the 2989
notice to all of the following persons:2990

       (1)(a) Any occupant of each residential unit that is located 2991
within one thousand feet of the registrant's residential premises, 2992
that is located within the county served by the sheriff, and that 2993
is not located in a multi-unit building. Division (D)(3) of this 2994
section applies regarding notices required under this division.2995

       (b) If the registrant resides in a multi-unit building, any 2996
occupant of each residential unit that is located in that 2997
multi-unit building and that shares a common hallway with the 2998
registrant. For purposes of this division, an occupant's unit 2999
shares a common hallway with the registrant if the entrance door 3000
into the occupant's unit is located on the same floor and opens 3001
into the same hallway as the entrance door to the unit the 3002
registrant occupies. Division (D)(3) of this section applies 3003
regarding notices required under this division.3004

       (c) The building manager, or the person the building owner or 3005
condominium unit owners association authorizes to exercise 3006
management and control, of each multi-unit building that is 3007
located within one thousand feet of the registrant's residential 3008
premises, including a multi-unit building in which the registrant 3009
resides, and that is located within the county served by the 3010
sheriff. In addition to notifying the building manager or the 3011
person authorized to exercise management and control in the 3012
multi-unit building under this division, the sheriff shall post a 3013
copy of the notice prominently in each common entryway in the 3014
building and any other location in the building the sheriff 3015
determines appropriate. The manager or person exercising 3016
management and control of the building shall permit the sheriff to 3017
post copies of the notice under this division as the sheriff 3018
determines appropriate. In lieu of posting copies of the notice as 3019
described in this division, a sheriff may provide notice to all 3020
occupants of the multi-unit building by mail or personal contact. 3021
If the sheriff so notifies all the occupants, the sheriff is not 3022
required to post copies of the notice in the common entryways to 3023
the building. Division (D)(3) of this section applies regarding 3024
notices required under this division.3025

       (d) All additional persons who are within any category of 3026
neighbors of the registrant that the attorney general by rule 3027
adopted under section 3797.08 of the Revised Code requires to be 3028
provided the notice and who reside within the county served by the 3029
sheriff.3030

       (2) The executive director of the public children services 3031
agency that has jurisdiction within the specified geographical 3032
notification area and that is located within the county served by 3033
the sheriff;3034

       (3) The superintendent of each board of education of a school 3035
district that has schools within the specified geographical 3036
notification area and that is located within the county served by 3037
the sheriff;3038

       (4) The appointing or hiring officer of each nonpublic school 3039
located within the specified geographical notification area and 3040
within the county served by the sheriff or of each other school 3041
located within the specified geographical notification area and 3042
within the county served by the sheriff and that is not operated 3043
by a board of education described in division (A)(3) of this 3044
section;3045

       (5) The director, head teacher, elementary principal, or site 3046
administrator of each preschool program governed by Chapter 3301. 3047
of the Revised Code that is located within the specified 3048
geographical notification area and within the county served by the 3049
sheriff;3050

       (6) The administrator of each child day-care center or type A 3051
family day-care home that is located within the specified 3052
geographical notification area and within the county served by the 3053
sheriff, and the provider of each certified type B family day-care 3054
home that is located within the specified geographical 3055
notification area and within the county served by the sheriff. As 3056
used in this division, "child day-care center," "type A family 3057
day-care home," and "certified type B family day-care home" have 3058
the same meanings as in section 5104.01 of the Revised Code.3059

       (7) The president or other chief administrative officer of 3060
each institution of higher education, as defined in section 3061
2907.03 of the Revised Code, that is located within the specified 3062
geographical notification area and within the county served by the 3063
sheriff and the chief law enforcement officer of any state 3064
university law enforcement agency or campus police department 3065
established under section 3345.04 or 1713.50 of the Revised Code 3066
that serves that institution;3067

       (8) The sheriff of each county that includes any portion of 3068
the specified geographical notification area;3069

       (9) If the registrant resides within the county served by the 3070
sheriff, the chief of police, marshal, or other chief law 3071
enforcement officer of the municipal corporation in which the 3072
registrant resides or, if the registrant resides in an 3073
unincorporated area, the constable or chief of the police 3074
department or police district police force of the township in 3075
which the registrant resides.3076

       (B) The notice required under division (A) of this section 3077
shall include the registrant's name, residence or employment 3078
address, as applicable, and a statement that the registrant has 3079
been found liable for childhood sexual abuse in a civil action and 3080
is listed on the civil registry established by the attorney 3081
general pursuant to section 3797.08 of the Revised Code.3082

       (C) If a sheriff with whom a registrant registers under 3083
section 3797.02 or 3797.03 of the Revised Code or to whom the 3084
registrant most recently sent a notice of intent to reside under 3085
section 3797.03 of the Revised Code is required by division (A) of 3086
this section to provide notices regarding a registrant and if the 3087
sheriff provides a notice pursuant to that requirement the sheriff 3088
provides a notice to a sheriff of one or more other counties in 3089
accordance with division (A)(8) of this section, the sheriff of 3090
each of the other counties who is provided notice under division 3091
(A)(8) of this section shall provide the notices described in 3092
divisions (A)(1) to (7) and (A)(9) of this section to each person 3093
or entity identified within those divisions that is located within 3094
the specified geographical notification area and within the county 3095
served by the sheriff in question.3096

       (D)(1) A sheriff required by division (A) or (C) of this 3097
section to provide notices regarding a registrant shall provide 3098
the notice to the neighbors that are described in division (A)(1) 3099
of this section and the notices to law enforcement personnel that 3100
are described in divisions (A)(8) and (9) of this section as soon 3101
as practicable, but not later than five days after the registrant 3102
sends the notice of intent to reside to the sheriff, and again not 3103
later than five days after the registrant registers with the 3104
sheriff or, if the sheriff is required by division (C) to provide 3105
the notices, not later than five days after the sheriff is 3106
provided the notice described in division (A)(8) of this section.3107

       A sheriff required by division (A) or (C) of this section to 3108
provide notices regarding a registrant shall provide the notices 3109
to all other specified persons that are described in divisions 3110
(A)(2) to (7) of this section as soon as practicable, but not 3111
later than seven days after the registrant registers with the 3112
sheriff, or, if the sheriff is required by division (C) to provide 3113
the notices, not later than five days after the sheriff is 3114
provided the notice described in division (A)(8) of this section.3115

       (2) If a registrant in relation to whom division (A) of this 3116
section applies verifies the registrant's current residence 3117
address with a sheriff pursuant to section 3797.04 of the Revised 3118
Code, the sheriff may provide a written notice containing the 3119
information set forth in division (B) of this section to the 3120
persons identified in divisions (A)(1) to (9) of this section. If 3121
a sheriff provides a notice pursuant to this division to the 3122
sheriff of one or more other counties in accordance with division 3123
(A)(8) of this section, the sheriff of each of the other counties 3124
who is provided the notice under division (A)(8) of this section 3125
may provide, but is not required to provide, a written notice 3126
containing the information set forth in division (B) of this 3127
section to the persons identified in divisions (A)(1) to (7) and 3128
(A)(9) of this section.3129

       (3) A sheriff may provide notice under division (A)(1)(a) or 3130
(b) of this section, and may provide notice under division 3131
(A)(1)(c) of this section to a building manager or person 3132
authorized to exercise management and control of a building, by 3133
mail, by personal contact, or by leaving the notice at or under 3134
the entry door to a residential unit. For purposes of divisions 3135
(A)(1)(a) and (b) of this section and of the portion of division 3136
(A)(1)(c) of this section relating to the provision of notice to 3137
occupants of a multi-unit building by mail or personal contact, 3138
the provision of one written notice per unit is deemed providing 3139
notice to all occupants of that unit.3140

       (E) All information that a sheriff possesses regarding a 3141
registrant that is described in division (B) of this section and 3142
that must be provided in a notice required under division (A) or 3143
(C) of this section or that may be provided in a notice authorized 3144
under division (D)(2) of this section is a public record that is 3145
open to inspection under section 149.43 of the Revised Code.3146

        (F) A sheriff required by division (A) or (C) of this 3147
section, or authorized by division (D)(2) of this section, to 3148
provide notices regarding a registrant may request the department 3149
of job and family services, department of education, or Ohio board 3150
of regents, by telephone, in registrant, or by mail, to provide 3151
the sheriff with the names, addresses, and telephone numbers of 3152
the appropriate persons and entities to whom the notices described 3153
in divisions (A)(2) to (7) of this section are to be provided. 3154
Upon receipt of a request, the department or board shall provide 3155
the requesting sheriff with the names, addresses, and telephone 3156
numbers of the appropriate persons and entities to whom those 3157
notices are to be provided.3158

       (G)(1) Upon the motion of the registrant or the judge that 3159
entered a declaratory judgment pursuant to section 2721.21 of the 3160
Revised Code or that judge's successor in office, the judge may 3161
schedule a hearing to determine whether the interests of justice 3162
would be served by suspending the community notification 3163
requirement under this section in relation to the registrant. The 3164
judge may dismiss the motion without a hearing but may not issue 3165
an order suspending the community notification requirement without 3166
a hearing. At the hearing, all parties are entitled to be heard. 3167
If, at the conclusion of the hearing, the judge finds that the 3168
registrant has proven by clear and convincing evidence that the 3169
registrant is unlikely to commit childhood sexual abuse in the 3170
future and that suspending the community notification requirement 3171
is in the interests of justice, the judge may issue an order 3172
suspending the application of this section in relation to the 3173
registrant. The order shall contain both of these findings.3174

       The judge promptly shall serve a copy of the order upon the 3175
sheriff with whom the registrant most recently registered a 3176
residence address and the sheriff with whom the registrant most 3177
recently registered an employment address under section 3797.02 of 3178
the Revised Code.3179

       An order suspending the community notification requirement 3180
does not suspend or otherwise alter a registrant's duties to 3181
comply with sections 3797.02, 3797.03, and 3797.04 of the Revised 3182
Code.3183

        (2) A registrant has the right to appeal an order denying a 3184
motion made under division (G)(1) of this section.3185

       Sec. 3797.07.  (A) The attorney general shall prescribe forms 3186
to be used for registration, notice of intent to reside, and 3187
verification of current address under sections 3797.02, 3797.03, 3188
and 3797.04 of the Revised Code. The forms shall comply with the 3189
following:3190

       (1) The registration form to be used under section 3797.02 of 3191
the Revised Code shall include the registrant's name, the 3192
registrant's current residence and employment addresses, a 3193
photograph of the registrant, the name of the court that rendered 3194
a declaratory judgment against the registrant pursuant to section 3195
2721.21 of the Revised Code and the date the judgment was entered, 3196
and any other information required by the attorney general.3197

       (2) The notice of intent to reside form to be used under 3198
section 3797.03 of the Revised Code shall include the registrant's 3199
name, the registrant's current residence and employment addresses, 3200
a statement that a court has entered a declaratory judgment 3201
against the registrant pursuant to section 2721.21 of the Revised 3202
Code, the address of the place where the registrant intends to 3203
reside, and any other information required by the attorney 3204
general.3205

       (3) The verification form to be used under section 3797.04 of 3206
the Revised Code shall contain the registrant's current residence 3207
or employment address, as applicable, and any other information 3208
required by the attorney general.3209

       (B) Upon completion of a registration, notice of intent to 3210
reside, or verification of current address form by a registrant, 3211
the sheriff shall promptly forward a copy of the form to the 3212
attorney general in accordance with procedures established by the 3213
attorney general. Upon receiving from a registrant a notice of a 3214
change of the registrant's residence address, if the new address 3215
is in another county in this state, the sheriff promptly shall 3216
forward the new address to the sheriff of that county.3217

       Sec. 3797.08.  The attorney general shall do all of the 3218
following:3219

       (A) In consultation with county sheriffs and not later than 3220
July 1, 2006, adopt rules that do all of the following:3221

       (1) Contain guidelines necessary for the implementation of 3222
this chapter;3223

       (2) Prescribe the registration, notice of intent to reside, 3224
and verification of current address forms to be used by 3225
registrants and sheriffs under sections 3797.02, 3797.03, and 3226
3797.04 of the Revised Code;3227

       (3) Establish procedures for the forwarding of forms by the 3228
sheriff to the attorney general;3229

       (4) Designate a geographic area or areas within which the 3230
notice described in division (B) of section 3797.06 of the Revised 3231
Code must be given to the persons identified in divisions (A)(2) 3232
to (8) of that section;3233

       (5) At the attorney general's discretion, establish one or 3234
more categories of neighbors of a registrant who, in addition to 3235
the occupants of residential premises and other persons specified 3236
in division (A) of section 3797.06 of the Revised Code, must be 3237
given the notice described in division (B) of that section.3238

       (B) Make copies of the forms described in division (A)(2) of 3239
this section available to sheriffs and judges;3240

       (C) Not later than January 1, 2007, establish and operate on 3241
the internet a civil registry of persons against whom a court has 3242
entered a declaratory judgment under section 2721.21 of the 3243
Revised Code that contains information for each of those persons 3244
who registers in any county in this state pursuant to section 3245
3797.02 of the Revised Code. The attorney general shall determine 3246
the information to be provided on the registry for each 3247
registrant. The information provided for each registrant shall 3248
include at least the name, current residential and employment 3249
addresses, and photograph of the registrant, the name of the court 3250
that entered a declaratory judgment against the registrant 3251
pursuant to section 2721.21 of the Revised Code, and the date on 3252
which the judgment was entered. The registry shall be a public 3253
record open for inspection under section 149.43 of the Revised 3254
Code, and it shall be searchable by registrant name, by county, by 3255
zip code, and by school district. The registry shall provide a 3256
link to the web site of each sheriff of a county who has 3257
established and operates on the internet a database that contains 3258
information for registrants who register in that county pursuant 3259
to section 3797.02 or 3797.03 of the Revised Code.3260

       (D) Upon the request of any sheriff, provide technical 3261
guidance to the requesting sheriff in establishing on the internet 3262
a database of registrants for the public dissemination of 3263
information that relates to registrants who are registered in the 3264
sheriff's county and that is a public record.3265

       Sec. 3797.09. Any statements, information, or photographs 3266
that are required to be provided, and that are provided, by a 3267
registrant pursuant to section 3797.02, 3797.03, or 3797.04 of the 3268
Revised Code and that are in the possession of a county sheriff 3269
are public records open to public inspection under section 149.43 3270
of the Revised Code.3271

       Sec. 3797.10.  (A) No registrant who is required to register 3272
pursuant to section 3797.02 of the Revised Code, send a sheriff a 3273
written notice of a new residence or employment address or of an 3274
intent to reside in a county pursuant to section 3797.03 of the 3275
Revised Code, or verify a current address pursuant to section 3276
3797.05 of the Revised Code shall fail to register, send the 3277
notice, or verify the address as required by those sections.3278

       (B) It is an affirmative defense to a charge of a violation 3279
of division (A) of this section by failing to send written notice 3280
of a change of residence or employment address or notice of intent 3281
to reside in a county as required by section 3797.03 of the 3282
Revised Code that both of the following apply:3283

       (1) It was impossible for the registrant to provide the 3284
notice to the sheriff because of a lack of knowledge on the date 3285
specified for the provision of the notice of an address change or 3286
of the new address.3287

       (2) The registrant provided notice of the address change or 3288
the new address to the sheriff as soon as possible, but not later 3289
than the end of the first business day, after learning of the 3290
address change or of the new address by providing notice of the 3291
address change or the new address to the sheriff by telephone 3292
immediately upon learning of the address change or new address or, 3293
if the registrant did not have reasonable access to a telephone at 3294
that time, as soon as possible, but not later than the end of the 3295
first business day, after learning of the address change and 3296
having reasonable access to a telephone.3297

       (3) As soon as possible, but not later than the end of the 3298
first business day, after providing notice of the address change 3299
to the sheriff by telephone, the registrant provided written 3300
notice of the address change to the sheriff.3301

       (C) Whoever violates division (A) of this section is guilty 3302
of a felony of the fifth degree.3303

       Sec. 3797.11.  (A) No person against whom a court has entered 3304
a declaratory judgment under section 2721.21 of the Revised Code 3305
and who has not been removed from the civil registry pursuant to 3306
that section shall establish a residence or occupy residential 3307
premises within one thousand feet of any school premises.3308

       (B) If a person to whom division (A) of this section applies 3309
violates division (A) of this section by establishing a residence 3310
or occupying residential premises within one thousand feet of any 3311
school premises, an owner or lessee of real property that is 3312
located within one thousand feet of those school premises, or the 3313
prosecuting attorney, village solicitor, city or township director 3314
of law, similar chief legal officer of a municipal corporation or 3315
township, or official designated as a prosecutor in a municipal 3316
corporation that has jurisdiction over the place at which the 3317
person establishes the residence or occupies the residential 3318
premises in question, has a cause of action for injunctive relief 3319
against the person. The plaintiff shall not be required to prove 3320
irreparable harm in order to obtain the relief.3321

       Sec. 3797.12.  (A) Except as provided in division (B) of this 3322
section, any of the following persons shall be immune from 3323
liability in a civil action to recover damages for injury, death, 3324
or loss to person or property allegedly caused by an act or 3325
omission in connection with a power, duty, responsibility, or 3326
authorization under sections 3797.01 to 3797.11 of the Revised 3327
Code or under rules adopted under authority of those sections:3328

       (1) The attorney general, a deputy, officer, or employee of 3329
the office of the attorney general, a sheriff, or a deputy, 3330
officer, or employee of the office of the sheriff;3331

       (2) A prosecutor and an officer or employee of the office of 3332
a prosecutor;3333

       (3) A person identified in division (A)(2), (3), (4), (5), 3334
(6), or (7) of section 3797.06 of the Revised Code or the agent of 3335
that person;3336

       (4) A person identified in division (A)(2) of section 3797.05 3337
of the Revised Code, regarding the person's provision of 3338
information pursuant to that division to a sheriff.3339

       (B) The immunity described in division (A) of this section 3340
does not apply to a person described in divisions (A)(1) to (4) of 3341
this section if, in relation to the act or omission in question, 3342
any of the following applies:3343

       (1) The act or omission was manifestly outside the scope of 3344
the person's employment or official responsibilities.3345

       (2) The act or omission was with malicious purpose, in bad 3346
faith, or in a wanton or reckless manner.3347

       (3) Liability for the act or omission is expressly imposed by 3348
a section of the Revised Code.3349

       Sec. 4799.01. In a proceeding held under Title XLVII of the 3350
Revised Code to grant, renew, modify, suspend, or revoke a license 3351
or other authorization to engage in an occupation, if the person 3352
who is the subject of the proceeding is listed on the civil 3353
registry established by the attorney general pursuant to section 3354
3797.08 of the Revised Code, the board or other body that makes 3355
the determination shall take into consideration the fact that the 3356
person is listed on the civil registry.3357

       Sec. 5120.173. Any person who is required to report 3358
suspected abuse or neglect of a child under eighteen years of age 3359
that is reasonably suspected or believed to have occurred or the 3360
threat of which is reasonably suspected or believed to exist3361
pursuant to division (A) of section 2151.421 of the Revised Code, 3362
any person who is permitted to report or cause a report to be made 3363
of reasonably suspected abuse or neglect of a child under eighteen 3364
years of age pursuant to division (B) of that section, any person 3365
who is required to report suspected abuse or neglect of a person 3366
with mental retardation or a developmental disability pursuant to 3367
division (C) of section 5123.61 of the Revised Code, and any 3368
person who is permitted to report suspected abuse or neglect of a 3369
person with mental retardation or a developmental disability 3370
pursuant to division (F) of that section and who makes or causes3371
the report to be made, shall direct that report to the state3372
highway patrol if the child or the person with mental retardation 3373
or a developmental disability is an inmate in the custody of a3374
state correctional institution. If the state highway patrol3375
determines after receipt of the report that it is probable that3376
abuse or neglect of the inmate occurred, the patrol shall report3377
its findings to the department of rehabilitation and correction,3378
to the court that sentenced the inmate for the offense for which3379
the inmate is in the custody of the department, and to the3380
chairmanchairperson and vice-chairmanvice-chairperson of the 3381
correctional institution inspection committee established by 3382
section 103.71 of the Revised Code.3383

       Section 2. That existing sections 2151.03, 2151.281, 3384
2151.421, 2151.99, 2305.10, 2305.111, 2305.115, 2317.02, 2901.13, 3385
2907.03, 2919.26, 2950.11, 3113.31, and 5120.173 of the Revised 3386
Code are hereby repealed.3387

       Section 3. (A) As used in this section, "childhood sexual 3388
abuse" has the same meaning as in section 2305.111 of the Revised 3389
Code, as amended by this act. The court need not find that any 3390
person has been convicted of or pleaded guilty to an offense under 3391
Chapter 2907. of the Revised Code that is specified in that 3392
definition in order for the conduct that is the violation 3393
constituting that offense to be childhood sexual abuse for 3394
purposes of this section.3395

       (B) The amendments to section 2305.111 of the Revised Code 3396
made in this act shall apply to all civil actions for assault or 3397
battery brought by a victim of childhood sexual abuse based on 3398
childhood sexual abuse that occurs on or after the effective date 3399
of this act, to all civil actions brought by a victim of childhood 3400
sexual abuse for a claim resulting from childhood sexual abuse 3401
that occurs on or after the effective date of this act, to all 3402
civil actions for assault or battery brought by a victim of 3403
childhood sexual abuse based on childhood sexual abuse that 3404
occurred prior to the effective date of this act in relation to 3405
which a civil action for assault or battery has never been filed 3406
and for which the period of limitations applicable to such a civil 3407
action prior to the effective date of this act has not expired on 3408
the effective date of this act, and to all civil actions brought 3409
by a victim of childhood sexual abuse for a claim resulting from 3410
childhood sexual abuse that occurred prior to the effective date 3411
of this act in relation to which a civil action for that claim has 3412
never been filed and for which the period of limitations 3413
applicable to such a civil action prior to the effective date of 3414
this act has not expired on the effective date of this act.3415

       Section 4. The enactment of division (C) of section 2305.111 3416
of the Revised Code by this act is not intended to prohibit or 3417
affect a court's determination in an action involving childhood 3418
sexual abuse that occurs prior to the effective date of this act 3419
regarding the proper scope and application of the equitable 3420
doctrine of fraudulent concealment.3421

       Section 5. If any provision of a section of the Revised Code 3422
as amended or enacted by this act or the application of the 3423
provision to any person or circumstance is held invalid, the 3424
invalidity does not affect other provisions or applications of the 3425
section or related sections that can be given effect without the 3426
invalid provision or application, and to this end the provisions 3427
are severable.3428

       Section 6. Section 2151.421 of the Revised Code is presented 3429
in this act as a composite of the section as amended by both Sub. 3430
S.B. 66 and Sub. S.B. 185 of the 125th General Assembly. The 3431
General Assembly, applying the principle stated in division (B) of 3432
section 1.52 of the Revised Code that amendments are to be 3433
harmonized if reasonably capable of simultaneous operation, finds 3434
that the composites are the resulting versions of the sections in 3435
effect prior to the effective date of the sections as presented in 3436
this act.3437