As Reported by the House Judiciary Committee

126th General Assembly Regular Session 2005-2006

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 

Representative Willamowski 

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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, 2950.031, 2950.11, and 5120.173

3

and to enact sections 2721.21, 3797.01 to 3797.12,

4

and 4799.01 of the Revised Code to require a

5

member of the clergy, rabbi, priest, Christian

6

Science practitioner, minister, or any person or

7

layperson, other than a volunteer, acting as a

8

leader, official, delegate, or other designated

9

function on behalf of any church, religious

10

society, or faith to report the abuse or neglect

11

of a child that is known or reasonably believed to

12

have been committed by any other member of the

13

clergy, rabbi, priest, Christian Science

14

practitioner, minister, or person or layperson,

15

other than a volunteer, so acting on behalf of any

16

church, religious society, or faith; to toll the

17

criminal statute of limitations for violations

18

involving abuse or neglect of a child if certain

19

individuals fail to report the abuse or neglect of

20

the child; to provide a ten-year statute of

21

limitations for civil assault or battery actions

22

brought by victims of childhood sexual abuse based

23

on childhood sexual abuse or civil actions brought

24

by victims of childhood sexual abuse asserting

25

resulting claims; to expand the offense of "sexual

26

battery" to also prohibit a cleric from engaging

27

in sexual conduct with a minor who is a member of,

28

or attends, the church or congregation served by

29

the cleric; to prohibit a person convicted of a

30

sexually oriented offense or child-victim oriented

31

offense who has a duty to register from living

32

within 1,000 feet of a victim of the offense; to

33

require a sheriff to notify the public children

34

services agency of registered sex offenders in the

35

jurisdiction; to create a cause of action for a

36

declaratory judgment in cases in which a victim of

37

childhood sexual abuse is barred from bringing an

38

ordinary civil action by the expiration of the

39

limitations period; to create a registration and

40

community notification program for persons who are

41

found liable in a declaratory judgment action for

42

assault or battery based on childhood sexual

43

abuse; to require the Attorney General to

44

establish on the internet a civil registry of

45

persons found liable in a declaratory judgment

46

action for assault or battery based on childhood

47

sexual abuse; to prohibit persons required to

48

register after being found liable in a declaratory

49

judgment action for assault or battery based on

50

childhood sexual abuse from failing to register

51

and from living within 1,000 feet of any school

52

premises; and to require occupational licensing

53

boards to consider a person's listing on the civil

54

registry in making determinations related to the

55

licensing of the person.

56

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

Section 1. That sections 2151.03, 2151.281, 2151.421,	57
2151.99, 2305.10, 2305.111, 2305.115, 2317.02, 2901.13, 2907.03,	58
2950.031, 2950.11, and 5120.173 be amended and sections 2721.21,	59
3797.01, 3797.02, 3797.03, 3797.04, 3797.05, 3797.06, 3797.07,	60
3797.08, 3797.09, 3797.10, 3797.11, 3797.12, and 4799.01 of the	61
Revised Code be enacted to read as follows:	62

Sec. 2151.03.  (A) As used in this chapter, "neglected child"	63
includes any child:	64

(1) Who is abandoned by the child's parents, guardian, or	65
custodian;	66

(2) Who lacks adequate parental care because of the faults or	67
habits of the child's parents, guardian, or custodian;	68

(3) Whose parents, guardian, or custodian neglects the child	69
or refuses to provide proper or necessary subsistence, education,	70
medical or surgical care or treatment, or other care necessary for	71
the child's health, morals, or well being;	72

(4) Whose parents, guardian, or custodian neglects the child	73
or refuses to provide the special care made necessary by the	74
child's mental condition;	75

(5) Whose parents, legal guardian, or custodian have placed	76
or attempted to place the child in violation of sections 5103.16	77
and 5103.17 of the Revised Code;	78

(6) Who, because of the omission of the child's parents,	79
guardian, or custodian, suffers physical or mental injury that	80
harms or threatens to harm the child's health or welfare;	81

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

82

(B) Nothing in this chapter shall be construed as subjecting	83
a parent, guardian, or custodian of a child to criminal liability	84
when, solely in the practice of religious beliefs, the parent,	85
guardian, or custodian fails to provide adequate medical or	86
surgical care or treatment for the child. This division does not	87
abrogate or limit any person's responsibility under section	88
2151.421 of the Revised Code to report child abuse that is known	89
or reasonably suspected child abuseor believed to have occurred,	90
child neglect that is known or reasonably suspected child neglect	91
or believed to have occurred, and children who are known to face	92
or are reasonably suspected ofor believed to be facing a threat	93
of suffering abuse or neglect and does not preclude any exercise	94
of the authority of the state, any political subdivision, or any	95
court to ensure that medical or surgical care or treatment is	96
provided to a child when the child's health requires the provision	97
of medical or surgical care or treatment.	98

Sec. 2151.281.  (A) The court shall appoint a guardian ad	99
litem to protect the interest of a child in any proceeding	100
concerning an alleged or adjudicated delinquent child or unruly	101
child when either of the following applies:	102

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

103

(2) The court finds that there is a conflict of interest	104
between the child and the child's parent, guardian, or legal	105
custodian.	106

(B)(1) The court shall appoint a guardian ad litem to protect	107
the interest of a child in any proceeding concerning an alleged	108
abused or neglected child and in any proceeding held pursuant to	109
section 2151.414 of the Revised Code. The guardian ad litem so	110
appointed shall not be the attorney responsible for presenting the	111
evidence alleging that the child is an abused or neglected child	112
and shall not be an employee of any party in the proceeding.	113

(2) The guardian ad litem appointed for an alleged or	114
adjudicated abused or neglected child may bring a civil action	115
against any person, who is required by division (A)(1) or (4) of	116
section 2151.421 of the Revised Code to file a report of known or	117
suspected child abuse or child neglect,that is known or	118
reasonably suspected or believed to have occurred if that person	119
knows, or suspectshas reasonable cause to suspect or believe	120
based on facts that would cause a reasonable person in a similar	121
position to suspect or believe, as applicable, that the child for	122
whom the guardian ad litem is appointed is the subject of child	123
abuse or child neglect and does not file the required report and	124
if the child suffers any injury or harm as a result of the known	125
or suspected child abuse or child neglect that is known or	126
reasonably suspected or believed to have occurred or suffers	127
additional injury or harm after the failure to file the report.	128

(C) In any proceeding concerning an alleged or adjudicated	129
delinquent, unruly, abused, neglected, or dependent child in which	130
the parent appears to be mentally incompetent or is under eighteen	131
years of age, the court shall appoint a guardian ad litem to	132
protect the interest of that parent.	133

(D) The court shall require the guardian ad litem to	134
faithfully discharge the guardian ad litem's duties and, upon the	135
guardian ad litem's failure to faithfully discharge the guardian	136
ad litem's duties, shall discharge the guardian ad litem and	137
appoint another guardian ad litem. The court may fix the	138
compensation for the service of the guardian ad litem, which	139
compensation shall be paid from the treasury of the county.	140

(E) A parent who is eighteen years of age or older and not	141
mentally incompetent shall be deemed sui juris for the purpose of	142
any proceeding relative to a child of the parent who is alleged or	143
adjudicated to be an abused, neglected, or dependent child.	144

(F) In any case in which a parent of a child alleged or	145
adjudicated to be an abused, neglected, or dependent child is	146
under eighteen years of age, the parents of that parent shall be	147
summoned to appear at any hearing respecting the child, who is	148
alleged or adjudicated to be an abused, neglected, or dependent	149
child.	150

(G) In any case involving an alleged or adjudicated abused or	151
neglected child or an agreement for the voluntary surrender of	152
temporary or permanent custody of a child that is made in	153
accordance with section 5103.15 of the Revised Code, the court	154
shall appoint the guardian ad litem in each case as soon as	155
possible after the complaint is filed, the request for an	156
extension of the temporary custody agreement is filed with the	157
court, or the request for court approval of the permanent custody	158
agreement is filed. In any case involving an alleged dependent	159
child in which the parent of the child appears to be mentally	160
incompetent or is under eighteen years of age, there is a conflict	161
of interest between the child and the child's parents, guardian,	162
or custodian, or the court believes that the parent of the child	163
is not capable of representing the best interest of the child, the	164
court shall appoint a guardian ad litem for the child. The	165
guardian ad litem or the guardian ad litem's replacement shall	166
continue to serve until any of the following occur:	167

(1) The complaint is dismissed or the request for an	168
extension of a temporary custody agreement or for court approval	169
of the permanent custody agreement is withdrawn or denied;	170

(2) All dispositional orders relative to the child have	171
terminated;	172

(3) The legal custody of the child is granted to a relative	173
of the child, or to another person;	174

(4) The child is placed in an adoptive home or, at the	175
court's discretion, a final decree of adoption is issued with	176
respect to the child;	177

(5) The child reaches the age of eighteen if the child is not	178
mentally retarded, developmentally disabled, or physically	179
impaired or the child reaches the age of twenty-one if the child	180
is mentally retarded, developmentally disabled, or physically	181
impaired;	182

(6) The guardian ad litem resigns or is removed by the court	183
and a replacement is appointed by the court.	184

If a guardian ad litem ceases to serve a child pursuant to	185
division (G)(4) of this section and the petition for adoption with	186
respect to the child is denied or withdrawn prior to the issuance	187
of a final decree of adoption or prior to the date an	188
interlocutory order of adoption becomes final, the juvenile court	189
shall reappoint a guardian ad litem for that child. The public	190
children services agency or private child placing agency with	191
permanent custody of the child shall notify the juvenile court if	192
the petition for adoption is denied or withdrawn.	193

(H) If the guardian ad litem for an alleged or adjudicated	194
abused, neglected, or dependent child is an attorney admitted to	195
the practice of law in this state, the guardian ad litem also may	196
serve as counsel to the ward. If a person is serving as guardian	197
ad litem and counsel for a child and either that person or the	198
court finds that a conflict may exist between the person's roles	199
as guardian ad litem and as counsel, the court shall relieve the	200
person of duties as guardian ad litem and appoint someone else as	201
guardian ad litem for the child. If the court appoints a person	202
who is not an attorney admitted to the practice of law in this	203
state to be a guardian ad litem, the court also may appoint an	204
attorney admitted to the practice of law in this state to serve as	205
counsel for the guardian ad litem.	206

(I) The guardian ad litem for an alleged or adjudicated	207
abused, neglected, or dependent child shall perform whatever	208
functions are necessary to protect the best interest of the child,	209
including, but not limited to, investigation, mediation,	210
monitoring court proceedings, and monitoring the services provided	211
the child by the public children services agency or private child	212
placing agency that has temporary or permanent custody of the	213
child, and shall file any motions and other court papers that are	214
in the best interest of the child.	215

The guardian ad litem shall be given notice of all hearings,	216
administrative reviews, and other proceedings in the same manner	217
as notice is given to parties to the action.	218

(J)(1) When the court appoints a guardian ad litem pursuant	219
to this section, it shall appoint a qualified volunteer whenever	220
one is available and the appointment is appropriate.	221

(2) Upon request, the department of job and family services	222
shall provide for the training of volunteer guardians ad litem.	223

Sec. 2151.421.  (A)(1)(a) No person described in division	224
(A)(1)(b) of this section who is acting in an official or	225
professional capacity and knows, or suspectshas reasonable cause	226
to suspect based on facts that would cause a reasonable person in	227
a similar position to suspect, that a child under eighteen years	228
of age or a mentally retarded, developmentally disabled, or	229
physically impaired child under twenty-one years of age has	230
suffered or faces a threat of suffering any physical or mental	231
wound, injury, disability, or condition of a nature that	232
reasonably indicates abuse or neglect of the child, shall fail to	233
immediately report that knowledge or suspicionreasonable cause to	234
suspect to the entity or persons specified in this division.	235
Except as provided in section 5120.173 of the Revised Code, the	236
person making the report shall make it to the public children	237
services agency or a municipal or county peace officer in the	238
county in which the child resides or in which the abuse or neglect	239
is occurring or has occurred. In the circumstances described in	240
section 5120.173 of the Revised Code, the person making the report	241
shall make it to the entity specified in that section.	242

(b) Division (A)(1)(a) of this section applies to any person	243
who is an attorney; physician, including a hospital intern or	244
resident; dentist; podiatrist; practitioner of a limited branch of	245
medicine as specified in section 4731.15 of the Revised Code;	246
registered nurse; licensed practical nurse; visiting nurse; other	247
health care professional; licensed psychologist; licensed school	248
psychologist; independent marriage and family therapist or	249
marriage and family therapist; speech pathologist or audiologist;	250
coroner; administrator or employee of a child day-care center;	251
administrator or employee of a residential camp or child day camp;	252
administrator or employee of a certified child care agency or	253
other public or private children services agency; school teacher;	254
school employee; school authority; person engaged in social work	255
or the practice of professional counseling; agent of a county	256
humane society; person, other than a cleric, rendering spiritual	257
treatment through prayer in accordance with the tenets of a	258
well-recognized religion; superintendent, board member, or	259
employee of a county board of mental retardation; investigative	260
agent contracted with by a county board of mental retardation; or	261
employee of the department of mental retardation and developmental	262
disabilities.	263

(2) AnExcept as provided in division (A)(3) of this section,	264
an attorney or a physician is not required to make a report	265
pursuant to division (A)(1) of this section concerning any	266
communication the attorney or physician receives from a client or	267
patient in an attorney-client or physician-patient relationship,	268
if, in accordance with division (A) or (B) of section 2317.02 of	269
the Revised Code, the attorney or physician could not testify with	270
respect to that communication in a civil or criminal proceeding,	271
except that the.	272

(3) The client or patient in an attorney-client or	273
physician-patient relationship described in division (A)(2) of	274
this section is deemed to have waived any testimonial privilege	275
under division (A) or (B) of section 2317.02 of the Revised Code	276
with respect to thatany communication the attorney or physician	277
receives from the client or patient in that attorney-client or	278
physician-patient relationship, and the attorney or physician	279
shall make a report pursuant to division (A)(1) of this section	280
with respect to that communication, if all of the following apply:	281

(a) The client or patient, at the time of the communication,	282
is either a child under eighteen years of age or a mentally	283
retarded, developmentally disabled, or physically impaired person	284
under twenty-one years of age.	285

(b) The attorney or physician knows, or suspectshas	286
reasonable cause to suspect based on facts that would cause a	287
reasonable person in similar position to suspect, as a result of	288
the communication or any observations made during that	289
communication, that the client or patient has suffered or faces a	290
threat of suffering any physical or mental wound, injury,	291
disability, or condition of a nature that reasonably indicates	292
abuse or neglect of the client or patient.	293

(c) The attorney-client or physician-patient relationship	294
abuse or neglect does not arise out of the client's or patient's	295
attempt to have an abortion without the notification of her	296
parents, guardian, or custodian in accordance with section 2151.85	297
of the Revised Code.	298

(4)(a) No cleric and no person, other than a volunteer,	299
designated by any church, religious society, or faith acting as a	300
leader, official, or delegate on behalf of the church, religious	301
society, or faith who is acting in an official or professional	302
capacity, who knows, or has reasonable cause to believe based on	303
facts that would cause a reasonable person in a similar position	304
to believe, that a child under eighteen years of age or a mentally	305
retarded, developmentally disabled, or physically impaired child	306
under twenty-one years of age has suffered or faces a threat of	307
suffering any physical or mental wound, injury, disability, or	308
condition of a nature that reasonably indicates abuse or neglect	309
of the child, and who knows, or has reasonable cause to believe	310
based on facts that would cause a reasonable person in a similar	311
position to believe, that another cleric or another person, other	312
than a volunteer, designated by a church, religious society, or	313
faith acting as a leader, official, or delegate on behalf of the	314
church, religious society, or faith caused, or poses the threat of	315
causing, the wound, injury, disability, or condition that	316
reasonably indicates abuse or neglect shall fail to immediately	317
report that knowledge or reasonable cause to believe to the entity	318
or persons specified in this division. Except as provided in	319
section 5120.173 of the Revised Code, the person making the report	320
shall make it to the public children services agency or a	321
municipal or county peace officer in the county in which the child	322
resides or in which the abuse or neglect is occurring or has	323
occurred. In the circumstances described in section 5120.173 of	324
the Revised Code, the person making the report shall make it to	325
the entity specified in that section.	326

(b) Except as provided in division (A)(4)(c) of this section,	327
a cleric is not required to make a report pursuant to division	328
(A)(4)(a) of this section concerning any communication the cleric	329
receives from a penitent in a cleric-penitent relationship, if, in	330
accordance with division (C) of section 2317.02 of the Revised	331
Code, the cleric could not testify with respect to that	332
communication in a civil or criminal proceeding.	333

(c) The penitent in a cleric-penitent relationship described	334
in division (A)(4)(b) of this section is deemed to have waived any	335
testimonial privilege under division (C) of section 2317.02 of the	336
Revised Code with respect to any communication the cleric receives	337
from the penitent in that cleric-penitent relationship, and the	338
cleric shall make a report pursuant to division (A)(4)(a) of this	339
section with respect to that communication, if all of the	340
following apply:	341

(i) The penitent, at the time of the communication, is either	342
a child under eighteen years of age or a mentally retarded,	343
developmentally disabled, or physically impaired person under	344
twenty-one years of age.	345

(ii) The cleric knows, or has reasonable cause to believe	346
based on facts that would cause a reasonable person in a similar	347
position to believe, as a result of the communication or any	348
observations made during that communication, the penitent has	349
suffered or faces a threat of suffering any physical or mental	350
wound, injury, disability, or condition of a nature that	351
reasonably indicates abuse or neglect of the penitent.	352

(iii) The abuse or neglect does not arise out of the	353
penitent's attempt to have an abortion performed upon a child	354
under eighteen years of age or upon a mentally retarded,	355
developmentally disabled, or physically impaired person under	356
twenty-one years of age without the notification of her parents,	357
guardian, or custodian in accordance with section 2151.85 of the	358
Revised Code.	359

(d) Divisions (A)(4)(a) and (c) of this section do not apply	360
in a cleric-penitent relationship when the disclosure of any	361
communication the cleric receives from the penitent is in	362
violation of the sacred trust.	363

(e) As used in divisions (A)(1) and (4) of this section,	364
"cleric" and "sacred trust" have the same meanings as in section	365
2317.02 of the Revised Code.	366

(B) Anyone, who knows, or suspectshas reasonable cause to	367
suspect based on facts that would cause a reasonable person in	368
similar circumstances to suspect, that a child under eighteen	369
years of age or a mentally retarded, developmentally disabled, or	370
physically impaired person under twenty-one years of age has	371
suffered or faces a threat of suffering any physical or mental	372
wound, injury, disability, or other condition of a nature that	373
reasonably indicates abuse or neglect of the child may report or	374
cause reports to be made of that knowledge or suspicionreasonable	375
cause to suspect to the entity or persons specified in this	376
division. Except as provided in section 5120.173 of the Revised	377
Code, a person making a report or causing a report to be made	378
under this division shall make it or cause it to be made to the	379
public children services agency or to a municipal or county peace	380
officer. In the circumstances described in section 5120.173 of the	381
Revised Code, a person making a report or causing a report to be	382
made under this division shall make it or cause it to be made to	383
the entity specified in that section.	384

(C) Any report made pursuant to division (A) or (B) of this	385
section shall be made forthwith either by telephone or in person	386
and shall be followed by a written report, if requested by the	387
receiving agency or officer. The written report shall contain:	388

(1) The names and addresses of the child and the child's	389
parents or the person or persons having custody of the child, if	390
known;	391

(2) The child's age and the nature and extent of the child's	392
known or suspected injuries, abuse, or neglect that is known or	393
reasonably suspected or believed, as applicable, to have occurred	394
or of the known or suspected threat of injury, abuse, or neglect	395
that is known or reasonably suspected or believed, as applicable,	396
to exist, including any evidence of previous injuries, abuse, or	397
neglect;	398

(3) Any other information that might be helpful in	399
establishing the cause of the known or suspected injury, abuse, or	400
neglect that is known or reasonably suspected or believed, as	401
applicable, to have occurred or of the known or suspected threat	402
of injury, abuse, or neglect that is known or reasonably suspected	403
or believed, as applicable, to exist.	404

Any person, who is required by division (A) of this section	405
to report known or suspected child abuse or child neglect that is	406
known or reasonably suspected or believed to have occurred, may	407
take or cause to be taken color photographs of areas of trauma	408
visible on a child and, if medically indicated, cause to be	409
performed radiological examinations of the child.	410

(D) As used in this division, "children's advocacy center"	411
and "sexual abuse of a child" have the same meanings as in section	412
2151.425 of the Revised Code.	413

(1) When a municipal or county peace officer receives a	414
report concerning the possible abuse or neglect of a child or the	415
possible threat of abuse or neglect of a child, upon receipt of	416
the report, the municipal or county peace officer who receives the	417
report shall refer the report to the appropriate public children	418
services agency.	419

(2) When a public children services agency receives a report	420
pursuant to this division or division (A) or (B) of this section,	421
upon receipt of the report, the public children services agency	422
shall do both of the following:	423

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

424

(b) If the county served by the agency is also served by a	425
children's advocacy center and the report alleges sexual abuse of	426
a child or another type of abuse of a child that is specified in	427
the memorandum of understanding that creates the center as being	428
within the center's jurisdiction, comply regarding the report with	429
the protocol and procedures for referrals and investigations, with	430
the coordinating activities, and with the authority or	431
responsibility for performing or providing functions, activities,	432
and services stipulated in the interagency agreement entered into	433
under section 2151.428 of the Revised Code relative to that	434
center.	435

(E) No township, municipal, or county peace officer shall	436
remove a child about whom a report is made pursuant to this	437
section from the child's parents, stepparents, or guardian or any	438
other persons having custody of the child without consultation	439
with the public children services agency, unless, in the judgment	440
of the officer, and, if the report was made by physician, the	441
physician, immediate removal is considered essential to protect	442
the child from further abuse or neglect. The agency that must be	443
consulted shall be the agency conducting the investigation of the	444
report as determined pursuant to section 2151.422 of the Revised	445
Code.	446

(F)(1) Except as provided in section 2151.422 of the Revised	447
Code or in an interagency agreement entered into under section	448
2151.428 of the Revised Code that applies to the particular	449
report, the public children services agency shall investigate,	450
within twenty-four hours, each report of known or suspected child	451
abuse or child neglect that is known or reasonably suspected or	452
believed to have occurred and of a known or suspected threat of	453
child abuse or child neglect that is known or reasonably suspected	454
or believed to exist that is referred to it under this section to	455
determine the circumstances surrounding the injuries, abuse, or	456
neglect or the threat of injury, abuse, or neglect, the cause of	457
the injuries, abuse, neglect, or threat, and the person or persons	458
responsible. The investigation shall be made in cooperation with	459
the law enforcement agency and in accordance with the memorandum	460
of understanding prepared under division (J) of this section. A	461
representative of the public children services agency shall, at	462
the time of initial contact with the person subject to the	463
investigation, inform the person of the specific complaints or	464
allegations made against the person. The information shall be	465
given in a manner that is consistent with division (H)(1) of this	466
section and protects the rights of the person making the report	467
under this section.	468

A failure to make the investigation in accordance with the	469
memorandum is not grounds for, and shall not result in, the	470
dismissal of any charges or complaint arising from the report or	471
the suppression of any evidence obtained as a result of the report	472
and does not give, and shall not be construed as giving, any	473
rights or any grounds for appeal or post-conviction relief to any	474
person. The public children services agency shall report each case	475
to a central registry which the department of job and family	476
services shall maintain in order to determine whether prior	477
reports have been made in other counties concerning the child or	478
other principals in the case. The public children services agency	479
shall submit a report of its investigation, in writing, to the law	480
enforcement agency.	481

(2) The public children services agency shall make any	482
recommendations to the county prosecuting attorney or city	483
director of law that it considers necessary to protect any	484
children that are brought to its attention.	485

(G)(1)(a) Except as provided in division (H)(3) of this	486
section, anyone or any hospital, institution, school, health	487
department, or agency participating in the making of reports under	488
division (A) of this section, anyone or any hospital, institution,	489
school, health department, or agency participating in good faith	490
in the making of reports under division (B) of this section, and	491
anyone participating in good faith in a judicial proceeding	492
resulting from the reports, shall be immune from any civil or	493
criminal liability for injury, death, or loss to person or	494
property that otherwise might be incurred or imposed as a result	495
of the making of the reports or the participation in the judicial	496
proceeding.	497

(b) Notwithstanding section 4731.22 of the Revised Code, the	498
physician-patient privilege shall not be a ground for excluding	499
evidence regarding a child's injuries, abuse, or neglect, or the	500
cause of the injuries, abuse, or neglect in any judicial	501
proceeding resulting from a report submitted pursuant to this	502
section.	503

(2) In any civil or criminal action or proceeding in which it	504
is alleged and proved that participation in the making of a report	505
under this section was not in good faith or participation in a	506
judicial proceeding resulting from a report made under this	507
section was not in good faith, the court shall award the	508
prevailing party reasonable attorney's fees and costs and, if a	509
civil action or proceeding is voluntarily dismissed, may award	510
reasonable attorney's fees and costs to the party against whom the	511
civil action or proceeding is brought.	512

(H)(1) Except as provided in divisions (H)(4) and (M) of this	513
section, a report made under this section is confidential. The	514
information provided in a report made pursuant to this section and	515
the name of the person who made the report shall not be released	516
for use, and shall not be used, as evidence in any civil action or	517
proceeding brought against the person who made the report. In a	518
criminal proceeding, the report is admissible in evidence in	519
accordance with the Rules of Evidence and is subject to discovery	520
in accordance with the Rules of Criminal Procedure.	521

(2) No person shall permit or encourage the unauthorized	522
dissemination of the contents of any report made under this	523
section.	524

(3) A person who knowingly makes or causes another person to	525
make a false report under division (B) of this section that	526
alleges that any person has committed an act or omission that	527
resulted in a child being an abused child or a neglected child is	528
guilty of a violation of section 2921.14 of the Revised Code.	529

(4) If a report is made pursuant to division (A) or (B) of	530
this section and the child who is the subject of the report dies	531
for any reason at any time after the report is made, but before	532
the child attains eighteen years of age, the public children	533
services agency or municipal or county peace officer to which the	534
report was made or referred, on the request of the child fatality	535
review board, shall submit a summary sheet of information	536
providing a summary of the report to the review board of the	537
county in which the deceased child resided at the time of death.	538
On the request of the review board, the agency or peace officer	539
may, at its discretion, make the report available to the review	540
board. If the county served by the public children services agency	541
is also served by a children's advocacy center and the report of	542
alleged sexual abuse of a child or another type of abuse of a	543
child is specified in the memorandum of understanding that creates	544
the center as being within the center's jurisdiction, the agency	545
or center shall perform the duties and functions specified in this	546
division in accordance with the interagency agreement entered into	547
under section 2151.428 of the Revised Code relative to that	548
advocacy center.	549

(5) A public children services agency shall advise a person	550
alleged to have inflicted abuse or neglect on a child who is the	551
subject of a report made pursuant to this section, including a	552
report alleging sexual abuse of a child or another type of abuse	553
of a child referred to a children's advocacy center pursuant to an	554
interagency agreement entered into under section 2151.428 of the	555
Revised Code, in writing of the disposition of the investigation.	556
The agency shall not provide to the person any information that	557
identifies the person who made the report, statements of	558
witnesses, or police or other investigative reports.	559

(I) Any report that is required by this section, other than a	560
report that is made to the state highway patrol as described in	561
section 5120.173 of the Revised Code, shall result in protective	562
services and emergency supportive services being made available by	563
the public children services agency on behalf of the children	564
about whom the report is made, in an effort to prevent further	565
neglect or abuse, to enhance their welfare, and, whenever	566
possible, to preserve the family unit intact. The agency required	567
to provide the services shall be the agency conducting the	568
investigation of the report pursuant to section 2151.422 of the	569
Revised Code.	570

(J)(1) Each public children services agency shall prepare a	571
memorandum of understanding that is signed by all of the	572
following:	573

(a) If there is only one juvenile judge in the county, the	574
juvenile judge of the county or the juvenile judge's	575
representative;	576

(b) If there is more than one juvenile judge in the county, a	577
juvenile judge or the juvenile judges' representative selected by	578
the juvenile judges or, if they are unable to do so for any	579
reason, the juvenile judge who is senior in point of service or	580
the senior juvenile judge's representative;	581

(c) The county peace officer;

582

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

583

(e) Other law enforcement officers handling child abuse and	584
neglect cases in the county;	585

(f) The prosecuting attorney of the county;

586

(g) If the public children services agency is not the county	587
department of job and family services, the county department of	588
job and family services;	589

(h) The county humane society;

590

(i) If the public children services agency participated in	591
the execution of a memorandum of understanding under section	592
2151.426 of the Revised Code establishing a children's advocacy	593
center, each participating member of the children's advocacy	594
center established by the memorandum.	595

(2) A memorandum of understanding shall set forth the normal	596
operating procedure to be employed by all concerned officials in	597
the execution of their respective responsibilities under this	598
section and division (C) of section 2919.21, division (B)(1) of	599
section 2919.22, division (B) of section 2919.23, and section	600
2919.24 of the Revised Code and shall have as two of its primary	601
goals the elimination of all unnecessary interviews of children	602
who are the subject of reports made pursuant to division (A) or	603
(B) of this section and, when feasible, providing for only one	604
interview of a child who is the subject of any report made	605
pursuant to division (A) or (B) of this section. A failure to	606
follow the procedure set forth in the memorandum by the concerned	607
officials is not grounds for, and shall not result in, the	608
dismissal of any charges or complaint arising from any reported	609
case of abuse or neglect or the suppression of any evidence	610
obtained as a result of any reported child abuse or child neglect	611
and does not give, and shall not be construed as giving, any	612
rights or any grounds for appeal or post-conviction relief to any	613
person.	614

(3) A memorandum of understanding shall include all of the	615
following:	616

(a) The roles and responsibilities for handling emergency and	617
nonemergency cases of abuse and neglect;	618

(b) Standards and procedures to be used in handling and	619
coordinating investigations of reported cases of child abuse and	620
reported cases of child neglect, methods to be used in	621
interviewing the child who is the subject of the report and who	622
allegedly was abused or neglected, and standards and procedures	623
addressing the categories of persons who may interview the child	624
who is the subject of the report and who allegedly was abused or	625
neglected.	626

(4) If a public children services agency participated in the	627
execution of a memorandum of understanding under section 2151.426	628
of the Revised Code establishing a children's advocacy center, the	629
agency shall incorporate the contents of that memorandum in the	630
memorandum prepared pursuant to this section.	631

(K)(1) Except as provided in division (K)(4) of this section,	632
a person who is required to make a report pursuant to division (A)	633
of this section may make a reasonable number of requests of the	634
public children services agency that receives or is referred the	635
report, or of the children's advocacy center that is referred the	636
report if the report is referred to a children's advocacy center	637
pursuant to an interagency agreement entered into under section	638
2151.428 of the Revised Code, to be provided with the following	639
information:	640

(a) Whether the agency or center has initiated an	641
investigation of the report;	642

(b) Whether the agency or center is continuing to investigate	643
the report;	644

(c) Whether the agency or center is otherwise involved with	645
the child who is the subject of the report;	646

(d) The general status of the health and safety of the child	647
who is the subject of the report;	648

(e) Whether the report has resulted in the filing of a	649
complaint in juvenile court or of criminal charges in another	650
court.	651

(2) A person may request the information specified in	652
division (K)(1) of this section only if, at the time the report is	653
made, the person's name, address, and telephone number are	654
provided to the person who receives the report.	655

When a municipal or county peace officer or employee of a	656
public children services agency receives a report pursuant to	657
division (A) or (B) of this section the recipient of the report	658
shall inform the person of the right to request the information	659
described in division (K)(1) of this section. The recipient of the	660
report shall include in the initial child abuse or child neglect	661
report that the person making the report was so informed and, if	662
provided at the time of the making of the report, shall include	663
the person's name, address, and telephone number in the report.	664

Each request is subject to verification of the identity of	665
the person making the report. If that person's identity is	666
verified, the agency shall provide the person with the information	667
described in division (K)(1) of this section a reasonable number	668
of times, except that the agency shall not disclose any	669
confidential information regarding the child who is the subject of	670
the report other than the information described in those	671
divisions.	672

(3) A request made pursuant to division (K)(1) of this	673
section is not a substitute for any report required to be made	674
pursuant to division (A) of this section.	675

(4) If an agency other than the agency that received or was	676
referred the report is conducting the investigation of the report	677
pursuant to section 2151.422 of the Revised Code, the agency	678
conducting the investigation shall comply with the requirements of	679
division (K) of this section.	680

(L) The director of job and family services shall adopt rules	681
in accordance with Chapter 119. of the Revised Code to implement	682
this section. The department of job and family services may enter	683
into a plan of cooperation with any other governmental entity to	684
aid in ensuring that children are protected from abuse and	685
neglect. The department shall make recommendations to the attorney	686
general that the department determines are necessary to protect	687
children from child abuse and child neglect.	688

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

689

(a) "Out-of-home care" includes a nonchartered nonpublic	690
school if the alleged child abuse or child neglect, or alleged	691
threat of child abuse or child neglect, described in a report	692
received by a public children services agency allegedly occurred	693
in or involved the nonchartered nonpublic school and the alleged	694
perpetrator named in the report holds a certificate, permit, or	695
license issued by the state board of education under section	696
3301.071 or Chapter 3319. of the Revised Code.	697

(b) "Administrator, director, or other chief administrative	698
officer" means the superintendent of the school district if the	699
out-of-home care entity subject to a report made pursuant to this	700
section is a school operated by the district.	701

(2) No later than the end of the day following the day on	702
which a public children services agency receives a report of	703
alleged child abuse or child neglect, or a report of an alleged	704
threat of child abuse or child neglect, that allegedly occurred in	705
or involved an out-of-home care entity, the agency shall provide	706
written notice of the allegations contained in and the person	707
named as the alleged perpetrator in the report to the	708
administrator, director, or other chief administrative officer of	709
the out-of-home care entity that is the subject of the report	710
unless the administrator, director, or other chief administrative	711
officer is named as an alleged perpetrator in the report. If the	712
administrator, director, or other chief administrative officer of	713
an out-of-home care entity is named as an alleged perpetrator in a	714
report of alleged child abuse or child neglect, or a report of an	715
alleged threat of child abuse or child neglect, that allegedly	716
occurred in or involved the out-of-home care entity, the agency	717
shall provide the written notice to the owner or governing board	718
of the out-of-home care entity that is the subject of the report.	719
The agency shall not provide witness statements or police or other	720
investigative reports.	721

(3) No later than three days after the day on which a public	722
children services agency that conducted the investigation as	723
determined pursuant to section 2151.422 of the Revised Code makes	724
a disposition of an investigation involving a report of alleged	725
child abuse or child neglect, or a report of an alleged threat of	726
child abuse or child neglect, that allegedly occurred in or	727
involved an out-of-home care entity, the agency shall send written	728
notice of the disposition of the investigation to the	729
administrator, director, or other chief administrative officer and	730
the owner or governing board of the out-of-home care entity. The	731
agency shall not provide witness statements or police or other	732
investigative reports.	733

Sec. 2151.99.  (A) Whoever(1) Except as otherwise provided	734
in division (A)(2) of this section, whoever violates division	735
(D)(2) or (3) of section 2151.313 or division (A)(1), (A)(4), or	736
(H)(2) of section 2151.421 of the Revised Code is guilty of a	737
misdemeanor of the fourth degree.	738

(2) Whoever violates division (A)(4) of section 2151.421 of	739
the Revised Code knowing that a child has been abused or neglected	740
and knowing that the person who committed the abuse or neglect was	741
a cleric or another person, other than a volunteer, designated by	742
a church, religious society, or faith acting as a leader,	743
official, or delegate on behalf of the church, religious society,	744
or faith, is guilty of a misdemeanor of the first degree if the	745
person who violates division (A)(4) of this section and the person	746
who committed the abuse or neglect belong to the same church,	747
religious society, or faith.	748

(B) Whoever violates division (D)(1) of section 2151.313 of	749
the Revised Code is guilty of a minor misdemeanor.	750

Sec. 2305.10.  (A) Except as provided in division (C) or (E)	751
of this section, an action based on a product liability claim and	752
an action for bodily injury or injuring personal property shall be	753
brought within two years after the cause of action accrues. Except	754
as provided in divisions (B)(1), (2), (3), (4), and (5) of this	755
section, a cause of action accrues under this division when the	756
injury or loss to person or property occurs.	757

(B)(1) For purposes of division (A) of this section, a cause	758
of action for bodily injury that is not described in division	759
(B)(2), (3), (4), or (5) of this section and that is caused by	760
exposure to hazardous or toxic chemicals, ethical drugs, or	761
ethical medical devices accrues upon the date on which the	762
plaintiff is informed by competent medical authority that the	763
plaintiff has an injury that is related to the exposure, or upon	764
the date on which by the exercise of reasonable diligence the	765
plaintiff should have known that the plaintiff has an injury that	766
is related to the exposure, whichever date occurs first.	767

(2) For purposes of division (A) of this section, a cause of	768
action for bodily injury caused by exposure to chromium in any of	769
its chemical forms accrues upon the date on which the plaintiff is	770
informed by competent medical authority that the plaintiff has an	771
injury that is related to the exposure, or upon the date on which	772
by the exercise of reasonable diligence the plaintiff should have	773
known that the plaintiff has an injury that is related to the	774
exposure, whichever date occurs first.	775

(3) For purposes of division (A) of this section, a cause of	776
action for bodily injury incurred by a veteran through exposure to	777
chemical defoliants or herbicides or other causative agents,	778
including agent orange, accrues upon the date on which the	779
plaintiff is informed by competent medical authority that the	780
plaintiff has an injury that is related to the exposure, or upon	781
the date on which by the exercise of reasonable diligence the	782
plaintiff should have known that the plaintiff has an injury that	783
is related to the exposure, whichever date occurs first.	784

(4) For purposes of division (A) of this section, a cause of	785
action for bodily injury caused by exposure to diethylstilbestrol	786
or other nonsteroidal synthetic estrogens, including exposure	787
before birth, accrues upon the date on which the plaintiff is	788
informed by competent medical authority that the plaintiff has an	789
injury that is related to the exposure, or upon the date on which	790
by the exercise of reasonable diligence the plaintiff should have	791
known that the plaintiff has an injury that is related to the	792
exposure, whichever date occurs first.	793

(5) For purposes of division (A) of this section, a cause of	794
action for bodily injury caused by exposure to asbestos accrues	795
upon the date on which the plaintiff is informed by competent	796
medical authority that the plaintiff has an injury that is related	797
to the exposure, or upon the date on which by the exercise of	798
reasonable diligence the plaintiff should have known that the	799
plaintiff has an injury that is related to the exposure, whichever	800
date occurs first.	801

(C)(1) Except as otherwise provided in divisions (C)(2), (3),	802
(4), (5), (6), and (7) of this section or in section 2305.19 of	803
the Revised Code, no cause of action based on a product liability	804
claim shall accrue against the manufacturer or supplier of a	805
product later than ten years from the date that the product was	806
delivered to its first purchaser or first lessee who was not	807
engaged in a business in which the product was used as a component	808
in the production, construction, creation, assembly, or rebuilding	809
of another product.	810

(2) Division (C)(1) of this section does not apply if the	811
manufacturer or supplier of a product engaged in fraud in regard	812
to information about the product and the fraud contributed to the	813
harm that is alleged in a product liability claim involving that	814
product.	815

(3) Division (C)(1) of this section does not bar an action	816
based on a product liability claim against a manufacturer or	817
supplier of a product who made an express, written warranty as to	818
the safety of the product that was for a period longer than ten	819
years and that, at the time of the accrual of the cause of action,	820
has not expired in accordance with the terms of that warranty.	821

(4) If the cause of action relative to a product liability	822
claim accrues during the ten-year period described in division	823
(C)(1) of this section but less than two years prior to the	824
expiration of that period, an action based on the product	825
liability claim may be commenced within two years after the cause	826
of action accrues.	827

(5) If a cause of action relative to a product liability	828
claim accrues during the ten-year period described in division	829
(C)(1) of this section and the claimant cannot commence an action	830
during that period due to a disability described in section	831
2305.16 of the Revised Code, an action based on the product	832
liability claim may be commenced within two years after the	833
disability is removed.	834

(6) Division (C)(1) of this section does not bar an action	835
for bodily injury caused by exposure to asbestos if the cause of	836
action that is the basis of the action accrues upon the date on	837
which the plaintiff is informed by competent medical authority	838
that the plaintiff has an injury that is related to the exposure,	839
or upon the date on which by the exercise of reasonable diligence	840
the plaintiff should have known that the plaintiff has an injury	841
that is related to the exposure, whichever date occurs first.	842

(7)(a) Division (C)(1) of this section does not bar an action	843
based on a product liability claim against a manufacturer or	844
supplier of a product if all of the following apply:	845

(i) The action is for bodily injury.

846

(ii) The product involved is a substance or device described	847
in division (B)(1), (2), (3), or (4) of this section.	848

(iii) The bodily injury results from exposure to the product	849
during the ten-year period described in division (C)(1) of this	850
section.	851

(b) If division (C)(7)(a) of this section applies regarding	852
an action, the cause of action accrues upon the date on which the	853
claimant is informed by competent medical authority that the	854
bodily injury was related to the exposure to the product, or upon	855
the date on which by the exercise of reasonable diligence the	856
claimant should have known that the bodily injury was related to	857
the exposure to the product, whichever date occurs first. The	858
action based on the product liability claim shall be commenced	859
within two years after the cause of action accrues and shall not	860
be commenced more than two years after the cause of action	861
accrues.	862

(D) This section does not create a new cause of action or	863
substantive legal right against any person involving a product	864
liability claim.	865

(E) An action brought by a victim of childhood sexual abuse	866
asserting any claim resulting from childhood sexual abuse, as	867
defined in section 2305.111 of the Revised Code, shall be brought	868
as provided in division (C) of that section.	869

(F) As used in this section:

870

(1) "Agent orange," "causative agent," and "veteran" have the	871
same meanings as in section 5903.21 of the Revised Code.	872

(2) "Ethical drug," "ethical medical device," "manufacturer,"	873
"product," "product liability claim," and "supplier" have the same	874
meanings as in section 2307.71 of the Revised Code.	875

(3) "Harm" means injury, death, or loss to person or	876
property.	877

(F)(G) This section shall be considered to be purely remedial	878
in operation and shall be applied in a remedial manner in any	879
civil action commenced on or after the effective date of this	880
amendmentApril 7, 2005, in which this section is relevant,	881
regardless of when the cause of action accrued and notwithstanding	882
any other section of the Revised Code or prior rule of law of this	883
state, but shall not be construed to apply to any civil action	884
pending prior to the effective date of this amendmentApril 7,	885
2005.	886

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

887

(1) "Childhood sexual abuse" means any conduct that	888
constitutes any of the violations identified in division (A)(1)(a)	889
or (b) of this section and would constitute a criminal offense	890
under the specified section or division of the Revised Code, if	891
the victim of the violation is at the time of the violation a	892
child under eighteen years of age or a mentally retarded,	893
developmentally disabled, or physically impaired child under	894
twenty-one years of age. The court need not find that any person	895
has been convicted of or pleaded guilty to the offense under the	896
specified section or division of the Revised Code in order for the	897
conduct that is the violation constituting the offense to be	898
childhood sexual abuse for purposes of this division. This	899
division applies to any of the following violations committed in	900
the following specified circumstances:	901

(a) A violation of section 2907.02 or of division (A)(1),	902
(5), (6), (7), (8), (9), (10), (11), or (12) of section 2907.03 of	903
the Revised Code;	904

(b) A violation of section 2907.05 or 2907.06 of the Revised	905
Code if, at the time of the violation, any of the following apply:	906

(i) The actor is the victim's natural parent, adoptive	907
parent, or stepparent or the guardian, custodian, or person in	908
loco parentis of the victim.	909

(ii) The victim is in custody of law or a patient in a	910
hospital or other institution, and the actor has supervisory or	911
disciplinary authority over the victim.	912

(iii) The actor is a teacher, administrator, coach, or other	913
person in authority employed by or serving in a school for which	914
the state board of education prescribes minimum standards pursuant	915
to division (D) of section 3301.07 of the Revised Code, the victim	916
is enrolled in or attends that school, and the actor is not	917
enrolled in and does not attend that school.	918

(iv) The actor is a teacher, administrator, coach, or other	919
person in authority employed by or serving in an institution of	920
higher education, and the victim is enrolled in or attends that	921
institution.	922

(v) The actor is the victim's athletic or other type of	923
coach, is the victim's instructor, is the leader of a scouting	924
troop of which the victim is a member, or is a person with	925
temporary or occasional disciplinary control over the victim.	926

(vi) The actor is a mental health professional, the victim is	927
a mental health client or patient of the actor, and the actor	928
induces the victim to submit by falsely representing to the victim	929
that the sexual contact involved in the violation is necessary for	930
mental health treatment purposes.	931

(vii) The victim is confined in a detention facility, and the	932
actor is an employee of that detention facility.	933

(viii) The actor is a cleric, and the victim is a member of,	934
or attends, the church or congregation served by the cleric.	935

(2) "Cleric" has the same meaning as in section 2317.02 of	936
the Revised Code.	937

(3) "Mental health client or patient" has the same meaning as	938
in section 2305.51 of the Revised Code.	939

(4) "Mental health professional" has the same meaning as in	940
section 2305.115 of the Revised Code.	941

(5) "Sexual contact" has the same meaning as in section	942
2907.01 of the Revised Code.	943

(6) "Victim" means, except as provided in division (B) of	944
this section, a victim of childhood sexual abuse.	945

(B) Except as provided in section 2305.115 of the Revised	946
Code and subject to division (C) of this section, an action for	947
assault or battery shall be brought within one year after the	948
cause of the action accrues. For purposes of this section, a cause	949
of action for assault or battery accrues upon the later of the	950
following:	951

(A)(1) The date on which the alleged assault or battery	952
occurred;	953

(B)(2) If the plaintiff did not know the identity of the	954
person who allegedly committed the assault or battery on the date	955
on which it allegedly occurred, the earlier of the following	956
dates:	957

(1)(a) The date on which the plaintiff learns the identity of	958
that person;	959

(2)(b) The date on which, by the exercise of reasonable	960
diligence, the plaintiff should have learned the identity of that	961
person.	962

(C) An action for assault or battery brought by a victim of	963
childhood sexual abuse based on childhood sexual abuse, or an	964
action brought by a victim of childhood sexual abuse asserting any	965
claim resulting from childhood sexual abuse, shall be brought	966
within twelve years after the cause of action accrues. For	967
purposes of this section, a cause of action for assault or battery	968
based on childhood sexual abuse, or a cause of action for a claim	969
resulting from childhood sexual abuse, accrues upon the date on	970
which the victim reaches the age of majority. If the defendant in	971
an action brought by a victim of childhood sexual abuse asserting	972
a claim resulting from childhood sexual abuse that occurs on or	973
after the effective date of this act has fraudulently concealed	974
from the plaintiff facts that form the basis of the claim, the	975
running of the limitations period with regard to that claim is	976
tolled until the time when the plaintiff discovers or in the	977
exercise of due diligence should have discovered those facts.	978

Sec. 2305.115. (A) AnExcept as provided in division (C) of	979
this section, an action for assault or battery shall be brought	980
within two years after the cause of action accrues, except as	981
provided in division (B) of this section, if all of the following	982
apply regarding the action, the cause of the action, and the	983
parties to the action:	984

(1) The action is brought against a mental health	985
professional.	986

(2) The assault or battery claim asserted in the action is	987
that, while the plaintiff was a mental health client or patient of	988
the mental health professional, the mental health professional	989
engaged in sexual conduct with, had sexual contact with, or caused	990
one or more other persons to have sexual contact with the	991
plaintiff.	992

(3) At the time of the sexual conduct or sexual contact	993
described in division (A)(2) of this section, the plaintiff was	994
not the spouse of the mental health professional.	995

(B) If the mental health service relationship between the	996
plaintiff in an action for assault or battery that is described in	997
division (A) of this section and the mental health professional	998
continues after the date on which the cause of action accrues, the	999
two-year period specified in division (A) of this section does not	1000
begin to run until the date on which that mental health service	1001
relationship is terminated by either or both of the parties.	1002

(C) UnlessAn action for assault or battery brought by a	1003
victim of childhood sexual abuse that is based on childhood sexual	1004
abuse, as defined in section 2305.111 of the Revised Code, shall	1005
be brought as provided in division (C) of that section. In all	1006
other cases, unless division (A) or (B) of this section applies,	1007
an action for assault or battery shall be brought as provided in	1008
division (B) of section 2305.111 of the Revised Code.	1009

(D) As used in this section:

1010

(1) "Mental health client or patient" and "mental health	1011
service" have the same meanings as in section 2305.51 of the	1012
Revised Code.	1013

(2) "Mental health professional" has the same meaning as in	1014
section 2305.51 of the Revised Code and also includes an	1015
individual who is not licensed, certified, or registered under the	1016
Revised Code, or otherwise authorized in this state, but who	1017
regularly provides or purports to provide mental health services	1018
for compensation or remuneration at an established place of	1019
business.	1020

(3) "Mental health service relationship" means the	1021
relationship between a mental health professional and a mental	1022
health client or patient of the mental health professional that	1023
exists for purposes of the mental health professional's provision	1024
of mental health services to the mental health client or patient.	1025

(4) "Sexual conduct" and "sexual contact" have the same	1026
meanings as in section 2907.01 of the Revised Code.	1027

Sec. 2317.02.  The following persons shall not testify in	1028
certain respects:	1029

(A) An attorney, concerning a communication made to the	1030
attorney by a client in that relation or the attorney's advice to	1031
a client, except that the attorney may testify by express consent	1032
of the client or, if the client is deceased, by the express	1033
consent of the surviving spouse or the executor or administrator	1034
of the estate of the deceased client and except that, if the	1035
client voluntarily testifies or is deemed by section 2151.421 of	1036
the Revised Code to have waived any testimonial privilege under	1037
this division, the attorney may be compelled to testify on the	1038
same subject;	1039

(B)(1) A physician or a dentist concerning a communication	1040
made to the physician or dentist by a patient in that relation or	1041
the physician's or dentist's advice to a patient, except as	1042
otherwise provided in this division, division (B)(2), and division	1043
(B)(3) of this section, and except that, if the patient is deemed	1044
by section 2151.421 of the Revised Code to have waived any	1045
testimonial privilege under this division, the physician may be	1046
compelled to testify on the same subject.	1047

The testimonial privilege established under this division	1048
does not apply, and a physician or dentist may testify or may be	1049
compelled to testify, in any of the following circumstances:	1050

(a) In any civil action, in accordance with the discovery	1051
provisions of the Rules of Civil Procedure in connection with a	1052
civil action, or in connection with a claim under Chapter 4123. of	1053
the Revised Code, under any of the following circumstances:	1054

(i) If the patient or the guardian or other legal	1055
representative of the patient gives express consent;	1056

(ii) If the patient is deceased, the spouse of the patient or	1057
the executor or administrator of the patient's estate gives	1058
express consent;	1059

(iii) If a medical claim, dental claim, chiropractic claim,	1060
or optometric claim, as defined in section 2305.113 of the Revised	1061
Code, an action for wrongful death, any other type of civil	1062
action, or a claim under Chapter 4123. of the Revised Code is	1063
filed by the patient, the personal representative of the estate of	1064
the patient if deceased, or the patient's guardian or other legal	1065
representative.	1066

(b) In any civil action concerning court-ordered treatment or	1067
services received by a patient, if the court-ordered treatment or	1068
services were ordered as part of a case plan journalized under	1069
section 2151.412 of the Revised Code or the court-ordered	1070
treatment or services are necessary or relevant to dependency,	1071
neglect, or abuse or temporary or permanent custody proceedings	1072
under Chapter 2151. of the Revised Code.	1073

(c) In any criminal action concerning any test or the results	1074
of any test that determines the presence or concentration of	1075
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	1076
patient's blood, breath, urine, or other bodily substance at any	1077
time relevant to the criminal offense in question.	1078

(d) In any criminal action against a physician or dentist. In	1079
such an action, the testimonial privilege established under this	1080
division does not prohibit the admission into evidence, in	1081
accordance with the Rules of Evidence, of a patient's medical or	1082
dental records or other communications between a patient and the	1083
physician or dentist that are related to the action and obtained	1084
by subpoena, search warrant, or other lawful means. A court that	1085
permits or compels a physician or dentist to testify in such an	1086
action or permits the introduction into evidence of patient	1087
records or other communications in such an action shall require	1088
that appropriate measures be taken to ensure that the	1089
confidentiality of any patient named or otherwise identified in	1090
the records is maintained. Measures to ensure confidentiality that	1091
may be taken by the court include sealing its records or deleting	1092
specific information from its records.	1093

(e) In any will contest action under sections 2107.71 to	1094
2107.77 of the Revised Code if all of the following apply:	1095

(i) The patient is deceased.

1096

(ii) A party to the will contest action requests the	1097
testimony, demonstrates to the court that that party would be an	1098
heir of the patient if the patient died without a will, is a	1099
beneficiary under the will that is the subject of the will contest	1100
action, or is a beneficiary under another testamentary document	1101
allegedly executed by the patient, and demonstrates to the court	1102
that the testimony is necessary to establish the party's rights as	1103
described in this division.	1104

(2)(a) If any law enforcement officer submits a written	1105
statement to a health care provider that states that an official	1106
criminal investigation has begun regarding a specified person or	1107
that a criminal action or proceeding has been commenced against a	1108
specified person, that requests the provider to supply to the	1109
officer copies of any records the provider possesses that pertain	1110
to any test or the results of any test administered to the	1111
specified person to determine the presence or concentration of	1112
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	1113
person's blood, breath, or urine at any time relevant to the	1114
criminal offense in question, and that conforms to section	1115
2317.022 of the Revised Code, the provider, except to the extent	1116
specifically prohibited by any law of this state or of the United	1117
States, shall supply to the officer a copy of any of the requested	1118
records the provider possesses. If the health care provider does	1119
not possess any of the requested records, the provider shall give	1120
the officer a written statement that indicates that the provider	1121
does not possess any of the requested records.	1122

(b) If a health care provider possesses any records of the	1123
type described in division (B)(2)(a) of this section regarding the	1124
person in question at any time relevant to the criminal offense in	1125
question, in lieu of personally testifying as to the results of	1126
the test in question, the custodian of the records may submit a	1127
certified copy of the records, and, upon its submission, the	1128
certified copy is qualified as authentic evidence and may be	1129
admitted as evidence in accordance with the Rules of Evidence.	1130
Division (A) of section 2317.422 of the Revised Code does not	1131
apply to any certified copy of records submitted in accordance	1132
with this division. Nothing in this division shall be construed to	1133
limit the right of any party to call as a witness the person who	1134
administered the test to which the records pertain, the person	1135
under whose supervision the test was administered, the custodian	1136
of the records, the person who made the records, or the person	1137
under whose supervision the records were made.	1138

(3)(a) If the testimonial privilege described in division	1139
(B)(1) of this section does not apply as provided in division	1140
(B)(1)(a)(iii) of this section, a physician or dentist may be	1141
compelled to testify or to submit to discovery under the Rules of	1142
Civil Procedure only as to a communication made to the physician	1143
or dentist by the patient in question in that relation, or the	1144
physician's or dentist's advice to the patient in question, that	1145
related causally or historically to physical or mental injuries	1146
that are relevant to issues in the medical claim, dental claim,	1147
chiropractic claim, or optometric claim, action for wrongful	1148
death, other civil action, or claim under Chapter 4123. of the	1149
Revised Code.	1150

(b) If the testimonial privilege described in division (B)(1)	1151
of this section does not apply to a physician or dentist as	1152
provided in division (B)(1)(c) of this section, the physician or	1153
dentist, in lieu of personally testifying as to the results of the	1154
test in question, may submit a certified copy of those results,	1155
and, upon its submission, the certified copy is qualified as	1156
authentic evidence and may be admitted as evidence in accordance	1157
with the Rules of Evidence. Division (A) of section 2317.422 of	1158
the Revised Code does not apply to any certified copy of results	1159
submitted in accordance with this division. Nothing in this	1160
division shall be construed to limit the right of any party to	1161
call as a witness the person who administered the test in	1162
question, the person under whose supervision the test was	1163
administered, the custodian of the results of the test, the person	1164
who compiled the results, or the person under whose supervision	1165
the results were compiled.	1166

(c) If the testimonial privilege described in division (B)(1)	1167
of this section does not apply as provided in division (B)(1)(e)	1168
of this section, a physician or dentist may be compelled to	1169
testify or to submit to discovery in the will contest action under	1170
sections 2107.71 to 2107.77 of the Revised Code only as to the	1171
patient in question on issues relevant to the competency of the	1172
patient at the time of the execution of the will. Testimony or	1173
discovery conducted pursuant to this division shall be conducted	1174
in accordance with the Rules of Civil Procedure.	1175

(4) The testimonial privilege described in division (B)(1) of	1176
this section is not waived when a communication is made by a	1177
physician to a pharmacist or when there is communication between a	1178
patient and a pharmacist in furtherance of the physician-patient	1179
relation.	1180

(5)(a) As used in divisions (B)(1) to (4) of this section,	1181
"communication" means acquiring, recording, or transmitting any	1182
information, in any manner, concerning any facts, opinions, or	1183
statements necessary to enable a physician or dentist to diagnose,	1184
treat, prescribe, or act for a patient. A "communication" may	1185
include, but is not limited to, any medical or dental, office, or	1186
hospital communication such as a record, chart, letter,	1187
memorandum, laboratory test and results, x-ray, photograph,	1188
financial statement, diagnosis, or prognosis.	1189

(b) As used in division (B)(2) of this section, "health care	1190
provider" means a hospital, ambulatory care facility, long-term	1191
care facility, pharmacy, emergency facility, or health care	1192
practitioner.	1193

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

1194

(i) "Ambulatory care facility" means a facility that provides	1195
medical, diagnostic, or surgical treatment to patients who do not	1196
require hospitalization, including a dialysis center, ambulatory	1197
surgical facility, cardiac catheterization facility, diagnostic	1198
imaging center, extracorporeal shock wave lithotripsy center, home	1199
health agency, inpatient hospice, birthing center, radiation	1200
therapy center, emergency facility, and an urgent care center.	1201
"Ambulatory health care facility" does not include the private	1202
office of a physician or dentist, whether the office is for an	1203
individual or group practice.	1204

(ii) "Emergency facility" means a hospital emergency	1205
department or any other facility that provides emergency medical	1206
services.	1207

(iii) "Health care practitioner" has the same meaning as in	1208
section 4769.01 of the Revised Code.	1209

(iv) "Hospital" has the same meaning as in section 3727.01 of	1210
the Revised Code.	1211

(v) "Long-term care facility" means a nursing home,	1212
residential care facility, or home for the aging, as those terms	1213
are defined in section 3721.01 of the Revised Code; an adult care	1214
facility, as defined in section 3722.01 of the Revised Code; a	1215
nursing facility or intermediate care facility for the mentally	1216
retarded, as those terms are defined in section 5111.20 of the	1217
Revised Code; a facility or portion of a facility certified as a	1218
skilled nursing facility under Title XVIII of the "Social Security	1219
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	1220

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	1221
the Revised Code.	1222

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	1223
apply to doctors of medicine, doctors of osteopathic medicine,	1224
doctors of podiatry, and dentists.	1225

(7) Nothing in divisions (B)(1) to (6) of this section	1226
affects, or shall be construed as affecting, the immunity from	1227
civil liability conferred by section 307.628 or 2305.33 of the	1228
Revised Code upon physicians who report an employee's use of a	1229
drug of abuse, or a condition of an employee other than one	1230
involving the use of a drug of abuse, to the employer of the	1231
employee in accordance with division (B) of that section. As used	1232
in division (B)(7) of this section, "employee," "employer," and	1233
"physician" have the same meanings as in section 2305.33 of the	1234
Revised Code.	1235

(C)(1) A member of the clergy, rabbi, priest, or regularly	1236
ordained, accredited, or licensed minister of an established and	1237
legally cognizable church, denomination, or sectcleric, when the	1238
member of the clergy, rabbi, priest, or ministercleric remains	1239
accountable to the authority of that cleric's church,	1240
denomination, or sect, concerning a confession made, or any	1241
information confidentially communicated, to the member of the	1242
clergy, rabbi, priest, or ministercleric for a religious	1243
counseling purpose in the member of the clergy's, rabbi's,	1244
priest's, or minister'scleric's professional character; however,	1245
the member of the clergy, rabbi, priest, or minister. The cleric	1246
may testify by express consent of the person making the	1247
communication, except when the disclosure of the information is in	1248
violation of a sacred trust;and except that, if the person	1249
voluntarily testifies or is deemed by division (A)(4)(c) of	1250
section 2151.421 of the Revised Code to have waived any	1251
testimonial privilege under this division, the cleric may be	1252
compelled to testify on the same subject except when disclosure of	1253
the information is in violation of a sacred trust.	1254

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

1255

(a) "Cleric" means a member of the clergy, rabbi, priest,	1256
Christian science practitioner, or regularly ordained, accredited,	1257
or licensed minister of an established and legally cognizable	1258
church, denomination, or sect.	1259

(b) "Sacred trust" means a confession or confidential	1260
communication made to a cleric in the cleric's ecclesiastical	1261
capacity in the course of discipline enjoined by the church to	1262
which the cleric belongs, including, but not limited to, the	1263
Catholic Church, if both of the following apply:	1264

(i) The confession or confidential communication was made	1265
directly to the cleric.	1266

(ii) The confession or confidential communication was made in	1267
the manner and context that places the cleric specifically and	1268
strictly under a level of confidentiality that is considered	1269
inviolate by canon law or church doctrine.	1270

(D) Husband or wife, concerning any communication made by one	1271
to the other, or an act done by either in the presence of the	1272
other, during coverture, unless the communication was made, or act	1273
done, in the known presence or hearing of a third person competent	1274
to be a witness; and such rule is the same if the marital relation	1275
has ceased to exist;	1276

(E) A person who assigns a claim or interest, concerning any	1277
matter in respect to which the person would not, if a party, be	1278
permitted to testify;	1279

(F) A person who, if a party, would be restricted under	1280
section 2317.03 of the Revised Code, when the property or thing is	1281
sold or transferred by an executor, administrator, guardian,	1282
trustee, heir, devisee, or legatee, shall be restricted in the	1283
same manner in any action or proceeding concerning the property or	1284
thing.	1285

(G)(1) A school guidance counselor who holds a valid educator	1286
license from the state board of education as provided for in	1287
section 3319.22 of the Revised Code, a person licensed under	1288
Chapter 4757. of the Revised Code as a professional clinical	1289
counselor, professional counselor, social worker, independent	1290
social worker, marriage and family therapist or independent	1291
marriage and family therapist, or registered under Chapter 4757.	1292
of the Revised Code as a social work assistant concerning a	1293
confidential communication received from a client in that relation	1294
or the person's advice to a client unless any of the following	1295
applies:	1296

(a) The communication or advice indicates clear and present	1297
danger to the client or other persons. For the purposes of this	1298
division, cases in which there are indications of present or past	1299
child abuse or neglect of the client constitute a clear and	1300
present danger.	1301

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

1302

(c) If the client is deceased, the surviving spouse or the	1303
executor or administrator of the estate of the deceased client	1304
gives express consent.	1305

(d) The client voluntarily testifies, in which case the	1306
school guidance counselor or person licensed or registered under	1307
Chapter 4757. of the Revised Code may be compelled to testify on	1308
the same subject.	1309

(e) The court in camera determines that the information	1310
communicated by the client is not germane to the counselor-client,	1311
marriage and family therapist-client, or social worker-client	1312
relationship.	1313

(f) A court, in an action brought against a school, its	1314
administration, or any of its personnel by the client, rules after	1315
an in-camera inspection that the testimony of the school guidance	1316
counselor is relevant to that action.	1317

(g) The testimony is sought in a civil action and concerns	1318
court-ordered treatment or services received by a patient as part	1319
of a case plan journalized under section 2151.412 of the Revised	1320
Code or the court-ordered treatment or services are necessary or	1321
relevant to dependency, neglect, or abuse or temporary or	1322
permanent custody proceedings under Chapter 2151. of the Revised	1323
Code.	1324

(2) Nothing in division (G)(1) of this section shall relieve	1325
a school guidance counselor or a person licensed or registered	1326
under Chapter 4757. of the Revised Code from the requirement to	1327
report information concerning child abuse or neglect under section	1328
2151.421 of the Revised Code.	1329

(H) A mediator acting under a mediation order issued under	1330
division (A) of section 3109.052 of the Revised Code or otherwise	1331
issued in any proceeding for divorce, dissolution, legal	1332
separation, annulment, or the allocation of parental rights and	1333
responsibilities for the care of children, in any action or	1334
proceeding, other than a criminal, delinquency, child abuse, child	1335
neglect, or dependent child action or proceeding, that is brought	1336
by or against either parent who takes part in mediation in	1337
accordance with the order and that pertains to the mediation	1338
process, to any information discussed or presented in the	1339
mediation process, to the allocation of parental rights and	1340
responsibilities for the care of the parents' children, or to the	1341
awarding of parenting time rights in relation to their children;	1342

(I) A communications assistant, acting within the scope of	1343
the communication assistant's authority, when providing	1344
telecommunications relay service pursuant to section 4931.35 of	1345
the Revised Code or Title II of the "Communications Act of 1934,"	1346
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	1347
made through a telecommunications relay service. Nothing in this	1348
section shall limit the obligation of a communications assistant	1349
to divulge information or testify when mandated by federal law or	1350
regulation or pursuant to subpoena in a criminal proceeding.	1351

Nothing in this section shall limit any immunity or privilege	1352
granted under federal law or regulation.	1353

(J)(1) A chiropractor in a civil proceeding concerning a	1354
communication made to the chiropractor by a patient in that	1355
relation or the chiropractor's advice to a patient, except as	1356
otherwise provided in this division. The testimonial privilege	1357
established under this division does not apply, and a chiropractor	1358
may testify or may be compelled to testify, in any civil action,	1359
in accordance with the discovery provisions of the Rules of Civil	1360
Procedure in connection with a civil action, or in connection with	1361
a claim under Chapter 4123. of the Revised Code, under any of the	1362
following circumstances:	1363

(a) If the patient or the guardian or other legal	1364
representative of the patient gives express consent.	1365

(b) If the patient is deceased, the spouse of the patient or	1366
the executor or administrator of the patient's estate gives	1367
express consent.	1368

(c) If a medical claim, dental claim, chiropractic claim, or	1369
optometric claim, as defined in section 2305.113 of the Revised	1370
Code, an action for wrongful death, any other type of civil	1371
action, or a claim under Chapter 4123. of the Revised Code is	1372
filed by the patient, the personal representative of the estate of	1373
the patient if deceased, or the patient's guardian or other legal	1374
representative.	1375

(2) If the testimonial privilege described in division (J)(1)	1376
of this section does not apply as provided in division (J)(1)(c)	1377
of this section, a chiropractor may be compelled to testify or to	1378
submit to discovery under the Rules of Civil Procedure only as to	1379
a communication made to the chiropractor by the patient in	1380
question in that relation, or the chiropractor's advice to the	1381
patient in question, that related causally or historically to	1382
physical or mental injuries that are relevant to issues in the	1383
medical claim, dental claim, chiropractic claim, or optometric	1384
claim, action for wrongful death, other civil action, or claim	1385
under Chapter 4123. of the Revised Code.	1386

(3) The testimonial privilege established under this division	1387
does not apply, and a chiropractor may testify or be compelled to	1388
testify, in any criminal action or administrative proceeding.	1389

(4) As used in this division, "communication" means	1390
acquiring, recording, or transmitting any information, in any	1391
manner, concerning any facts, opinions, or statements necessary to	1392
enable a chiropractor to diagnose, treat, or act for a patient. A	1393
communication may include, but is not limited to, any	1394
chiropractic, office, or hospital communication such as a record,	1395
chart, letter, memorandum, laboratory test and results, x-ray,	1396
photograph, financial statement, diagnosis, or prognosis.	1397

(K)(1) Except as provided under division (K)(2) of this	1398
section, a critical incident stress management team member	1399
concerning a communication received from an individual who	1400
receives crisis response services from the team member, or the	1401
team member's advice to the individual, during a debriefing	1402
session.	1403

(2) The testimonial privilege established under division	1404
(K)(1) of this section does not apply if any of the following are	1405
true:	1406

(a) The communication or advice indicates clear and present	1407
danger to the individual who receives crisis response services or	1408
to other persons. For purposes of this division, cases in which	1409
there are indications of present or past child abuse or neglect of	1410
the individual constitute a clear and present danger.	1411

(b) The individual who received crisis response services	1412
gives express consent to the testimony.	1413

(c) If the individual who received crisis response services	1414
is deceased, the surviving spouse or the executor or administrator	1415
of the estate of the deceased individual gives express consent.	1416

(d) The individual who received crisis response services	1417
voluntarily testifies, in which case the team member may be	1418
compelled to testify on the same subject.	1419

(e) The court in camera determines that the information	1420
communicated by the individual who received crisis response	1421
services is not germane to the relationship between the individual	1422
and the team member.	1423

(f) The communication or advice pertains or is related to any	1424
criminal act.	1425

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

1426

(a) "Crisis response services" means consultation, risk	1427
assessment, referral, and on-site crisis intervention services	1428
provided by a critical incident stress management team to	1429
individuals affected by crisis or disaster.	1430

(b) "Critical incident stress management team member" or	1431
"team member" means an individual specially trained to provide	1432
crisis response services as a member of an organized community or	1433
local crisis response team that holds membership in the Ohio	1434
critical incident stress management network.	1435

(c) "Debriefing session" means a session at which crisis	1436
response services are rendered by a critical incident stress	1437
management team member during or after a crisis or disaster.	1438

(L)(1) Subject to division (L)(2) of this section and except	1439
as provided in division (L)(3) of this section, an employee	1440
assistance professional, concerning a communication made to the	1441
employee assistance professional by a client in the employee	1442
assistance professional's official capacity as an employee	1443
assistance professional.	1444

(2) Division (L)(1) of this section applies to an employee	1445
assistance professional who meets either or both of the following	1446
requirements:	1447

(a) Is certified by the employee assistance certification	1448
commission to engage in the employee assistance profession;	1449

(b) Has education, training, and experience in all of the	1450
following:	1451

(i) Providing workplace-based services designed to address	1452
employer and employee productivity issues;	1453

(ii) Providing assistance to employees and employees'	1454
dependents in identifying and finding the means to resolve	1455
personal problems that affect the employees or the employees'	1456
performance;	1457

(iii) Identifying and resolving productivity problems	1458
associated with an employee's concerns about any of the following	1459
matters: health, marriage, family, finances, substance abuse or	1460
other addiction, workplace, law, and emotional issues;	1461

(iv) Selecting and evaluating available community resources;

1462

(v) Making appropriate referrals;

1463

(vi) Local and national employee assistance agreements;

1464

(vii) Client confidentiality.

1465

(3) Division (L)(1) of this section does not apply to any of	1466
the following:	1467

(a) A criminal action or proceeding involving an offense	1468
under sections 2903.01 to 2903.06 of the Revised Code if the	1469
employee assistance professional's disclosure or testimony relates	1470
directly to the facts or immediate circumstances of the offense;	1471

(b) A communication made by a client to an employee	1472
assistance professional that reveals the contemplation or	1473
commission of a crime or serious, harmful act;	1474

(c) A communication that is made by a client who is an	1475
unemancipated minor or an adult adjudicated to be incompetent and	1476
indicates that the client was the victim of a crime or abuse;	1477

(d) A civil proceeding to determine an individual's mental	1478
competency or a criminal action in which a plea of not guilty by	1479
reason of insanity is entered;	1480

(e) A civil or criminal malpractice action brought against	1481
the employee assistance professional;	1482

(f) When the employee assistance professional has the express	1483
consent of the client or, if the client is deceased or disabled,	1484
the client's legal representative;	1485

(g) When the testimonial privilege otherwise provided by	1486
division (L)(1) of this section is abrogated under law.	1487

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

1488

(1) "Defendant" means a person against whom an individual	1489
believes that, but for the expiration of the limitation period for	1490
the cause of action under section 2305.111 of the Revised Code,	1491
the individual would have a cause of action for assault or battery	1492
based on childhood sexual abuse.	1493

(2) "Prosecuting attorney" means the prosecuting attorney of	1494
the county in which the defendant resides or, if the defendant	1495
does not reside in this state, the prosecuting attorney of	1496
Franklin county.	1497

(3) "Reside" has the same meaning as in section 3797.01 of	1498
the Revised Code.	1499

(B) In any case in which an individual is precluded from	1500
commencing a civil action for assault or battery based on	1501
childhood sexual abuse against a person solely because the	1502
limitation period under section 2305.111 of the Revised Code for	1503
the action expired on or before the effective date of this	1504
section, the attorney general or the prosecuting attorney may	1505
bring an action in a court designated in division (C) of this	1506
section for a declaratory judgment finding that the person would	1507
have been liable for assault or battery based on childhood sexual	1508
abuse but for the expiration of the limitation period under	1509
section 2305.111 of the Revised Code. The attorney general or	1510
prosecuting attorney may bring an action pursuant to this section	1511
only for childhood sexual abuse that allegedly occurred in this	1512
state.	1513

(C) If an individual believes that, but for the expiration of	1514
the limitation period under section 2305.111 of the Revised Code	1515
for an action for assault or battery based on childhood sexual	1516
abuse on or before the effective date of this section, the	1517
individual would have a cause of action against a defendant for	1518
assault or battery based on childhood sexual abuse that occurred	1519
in this state, the individual may serve written notice of the	1520
individual's belief and the basis for the belief simultaneously on	1521
the defendant, the attorney general, and the prosecuting attorney.	1522
The individual shall serve the notice by certified mail, return	1523
receipt requested. The prosecuting attorney within forty-five days	1524
after receipt of the notice may commence an action pursuant to	1525
division (B) of this section in the court of common pleas of the	1526
county in which the prosecuting attorney is elected. If the	1527
prosecuting attorney does not commence an action within that	1528
forty-five day period, the attorney general within ninety days	1529
after receipt of the notice may commence an action pursuant to	1530
division (B) of this section in the Franklin county court of	1531
common pleas or the court of common pleas of the county in which	1532
the defendant resides. If neither the attorney general nor the	1533
prosecuting attorney commences an action pursuant to division (B)	1534
of this section within the appropriate forty-five-day or	1535
ninety-day period after receiving the notice, the individual may	1536
commence an action in the court of common pleas of the county in	1537
which the individual or the defendant resides or in which the	1538
childhood sexual abuse allegedly occurred for a declaratory	1539
judgment finding that the defendant would be liable for assault or	1540
battery based on childhood sexual abuse but for the expiration of	1541
the limitation period under section 2305.111 of the Revised Code.	1542

(D) If the court finds by a preponderance of the evidence in	1543
an action brought pursuant to this section that the defendant	1544
would be liable for assault or battery based on childhood sexual	1545
abuse but for the expiration of the limitation period under	1546
section 2305.111 of the Revised Code, the court shall enter a	1547
judgment with that finding against the defendant and shall order	1548
that the defendant be listed on the civil registry maintained by	1549
the attorney general pursuant to section 3797.08 of the Revised	1550
Code. The court shall notify the defendant of the defendant's	1551
obligations under sections 3797.02, 3797.03, and 3797.04 of the	1552
Revised Code.	1553

(E) In an action brought by an individual pursuant to	1554
division (C) of this section, the court may award reasonable	1555
attorney's fees to the prevailing party.	1556

(F) After the expiration of six years from the date on which	1557
a court orders pursuant to this section that an individual be	1558
listed on the civil registry maintained by the attorney general	1559
pursuant to section 3797.08 of the Revised Code, the registrant	1560
may apply to the court that issued the order to be removed from	1561
the registry. The court may order that the individual's name be	1562
removed from the registry if the court finds by clear and	1563
convincing evidence that since the individual was first listed on	1564
the civil registry the individual has not been found liable in	1565
damages in an action for assault or battery based on childhood	1566
sexual abuse, has not been required to register pursuant to	1567
section 2950.04 or 2950.041 of the Revised Code or a similar	1568
statute of any other state, and is not likely to commit an act in	1569
the future that would subject the individual to the requirement to	1570
register under section 2950.04, 2950.041, or 3797.02 of the	1571
Revised Code.	1572

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	1573
or (3) of this section or as otherwise provided in this section, a	1574
prosecution shall be barred unless it is commenced within the	1575
following periods after an offense is committed:	1576

(a) For a felony, six years;

1577

(b) For a misdemeanor other than a minor misdemeanor, two	1578
years;	1579

(c) For a minor misdemeanor, six months.

1580

(2) There is no period of limitation for the prosecution of a	1581
violation of section 2903.01 or 2903.02 of the Revised Code.	1582

(3) Except as otherwise provided in divisions (B) to (H) of	1583
this section, a prosecution of any of the following offenses shall	1584
be barred unless it is commenced within twenty years after the	1585
offense is committed:	1586

(a) A violation of section 2903.03, 2903.04, 2905.01,	1587
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,	1588
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	1589
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	1590
violation of section 2903.11 or 2903.12 of the Revised Code if the	1591
victim is a peace officer, a violation of section 2903.13 of the	1592
Revised Code that is a felony, or a violation of former section	1593
2907.12 of the Revised Code;	1594

(b) A conspiracy to commit, attempt to commit, or complicity	1595
in committing a violation set forth in division (A)(3)(a) of this	1596
section.	1597

(B) If the period of limitation provided in division (A)(1)	1598
or (3) of this section has expired, prosecution shall be commenced	1599
for an offense of which an element is fraud or breach of a	1600
fiduciary duty, within one year after discovery of the offense	1601
either by an aggrieved person, or by the aggrieved person's legal	1602
representative who is not a party to the offense.	1603

(C) If the period of limitation provided in division (A)(1)	1604
or (3) of this section has expired, prosecution shall be commenced	1605
for an offense involving misconduct in office by a public servant	1606
as defined in section 2921.01 of the Revised Code, at any time	1607
while the accused remains a public servant, or within two years	1608
thereafter.	1609

(D) An offense is committed when every element of the offense	1610
occurs. In the case of an offense of which an element is a	1611
continuing course of conduct, the period of limitation does not	1612
begin to run until such course of conduct or the accused's	1613
accountability for it terminates, whichever occurs first.	1614

(E) A prosecution is commenced on the date an indictment is	1615
returned or an information filed, or on the date a lawful arrest	1616
without a warrant is made, or on the date a warrant, summons,	1617
citation, or other process is issued, whichever occurs first. A	1618
prosecution is not commenced by the return of an indictment or the	1619
filing of an information unless reasonable diligence is exercised	1620
to issue and execute process on the same. A prosecution is not	1621
commenced upon issuance of a warrant, summons, citation, or other	1622
process, unless reasonable diligence is exercised to execute the	1623
same.	1624

(F) The period of limitation shall not run during any time	1625
when the corpus delicti remains undiscovered.	1626

(G) The period of limitation shall not run during any time	1627
when the accused purposely avoids prosecution. Proof that the	1628
accused departed this state or concealed the accused's identity or	1629
whereabouts is prima-facie evidence of the accused's purpose to	1630
avoid prosecution.	1631

(H) The period of limitation shall not run during any time a	1632
prosecution against the accused based on the same conduct is	1633
pending in this state, even though the indictment, information, or	1634
process which commenced the prosecution is quashed or the	1635
proceedings thereon are set aside or reversed on appeal.	1636

(I) The period of limitation for a violation of any provision	1637
of Title XXIX of the Revised Code that involves a physical or	1638
mental wound, injury, disability, or condition of a nature that	1639
reasonably indicates abuse or neglect of a child under eighteen	1640
years of age or of a mentally retarded, developmentally disabled,	1641
or physically impaired child under twenty-one years of age shall	1642
not begin to run until either of the following occurs:	1643

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

1644

(2) A public children services agency, or a municipal or	1645
county peace officer that is not the parent or guardian of the	1646
child, in the county in which the child resides or in which the	1647
abuse or neglect is occurring or has occurred has been notified	1648
that abuse or neglect is known, suspected, or believed to have	1649
occurred.	1650

(J) As used in this section, "peace officer" has the same	1651
meaning as in section 2935.01 of the Revised Code.	1652

Sec. 2907.03.  (A) No person shall engage in sexual conduct	1653
with another, not the spouse of the offender, when any of the	1654
following apply:	1655

(1) The offender knowingly coerces the other person to submit	1656
by any means that would prevent resistance by a person of ordinary	1657
resolution.	1658

(2) The offender knows that the other person's ability to	1659
appraise the nature of or control the other person's own conduct	1660
is substantially impaired.	1661

(3) The offender knows that the other person submits because	1662
the other person is unaware that the act is being committed.	1663

(4) The offender knows that the other person submits because	1664
the other person mistakenly identifies the offender as the other	1665
person's spouse.	1666

(5) The offender is the other person's natural or adoptive	1667
parent, or a stepparent, or guardian, custodian, or person in loco	1668
parentis of the other person.	1669

(6) The other person is in custody of law or a patient in a	1670
hospital or other institution, and the offender has supervisory or	1671
disciplinary authority over the other person.	1672

(7) The offender is a teacher, administrator, coach, or other	1673
person in authority employed by or serving in a school for which	1674
the state board of education prescribes minimum standards pursuant	1675
to division (D) of section 3301.07 of the Revised Code, the other	1676
person is enrolled in or attends that school, and the offender is	1677
not enrolled in and does not attend that school.	1678

(8) The other person is a minor, the offender is a teacher,	1679
administrator, coach, or other person in authority employed by or	1680
serving in an institution of higher education, and the other	1681
person is enrolled in or attends that institution.	1682

(9) The other person is a minor, and the offender is the	1683
other person's athletic or other type of coach, is the other	1684
person's instructor, is the leader of a scouting troop of which	1685
the other person is a member, or is a person with temporary or	1686
occasional disciplinary control over the other person.	1687

(10) The offender is a mental health professional, the other	1688
person is a mental health client or patient of the offender, and	1689
the offender induces the other person to submit by falsely	1690
representing to the other person that the sexual conduct is	1691
necessary for mental health treatment purposes.	1692

(11) The other person is confined in a detention facility,	1693
and the offender is an employee of that detention facility.	1694

(12) The other person is a minor, the offender is a cleric,	1695
and the other person is a member of, or attends, the church or	1696
congregation served by the cleric.	1697

(B) Whoever violates this section is guilty of sexual	1698
battery, a felony of the third degree.	1699

(C) As used in this section:

1700

(1) "Cleric" has the same meaning as in section 2317.02 of	1701
the Revised Code.	1702

(2) "Detention facility" has the same meaning as in section	1703
2921.01 of the Revised Code.	1704

(2)(3) "Institution of higher education" means a state	1705
institution of higher education defined in section 3345.011 of the	1706
Revised Code, a private nonprofit college or university located in	1707
this state that possesses a certificate of authorization issued by	1708
the Ohio board of regents pursuant to Chapter 1713. of the Revised	1709
Code, or a school certified under Chapter 3332. of the Revised	1710
Code.	1711

Sec. 2950.031. (A) No person who has been convicted of, is	1712
convicted of, has pleaded guilty to, or pleads guilty to either a	1713
sexually oriented offense that is not a registration-exempt	1714
sexually oriented offense or a child-victim oriented offense shall	1715
establish a residence or occupy residential premises within one	1716
thousand feet of any school premises or within one thousand feet	1717
of any residential premises occupied by the victim of the sexually	1718
oriented offense or child-victim oriented offense.	1719

(B) If a person to whom division (A) of this section applies	1720
violates division (A) of this section by establishing a residence	1721
or occupying residential premises within one thousand feet of any	1722
school premises or within one thousand feet of any residential	1723
premises occupied by the victim of the sexually oriented offense	1724
or child-victim oriented offense, an owner or lessee of real	1725
property that is located within one thousand feet of those school	1726
premises, or the prosecuting attorney, village solicitor, city or	1727
township director of law, similar chief legal officer of a	1728
municipal corporation or township, or official designated as a	1729
prosecutor in a municipal corporation that has jurisdiction over	1730
the place at which the person establishes the residence or	1731
occupies the residential premises in question, has a cause of	1732
action for injunctive relief against the person. The plaintiff	1733
shall not be required to prove irreparable harm in order to obtain	1734
the relief.	1735

Sec. 2950.11.  (A) As used in this section, "specified	1736
geographical notification area" means the geographic area or areas	1737
within which the attorney general, by rule adopted under section	1738
2950.13 of the Revised Code, requires the notice described in	1739
division (B) of this section to be given to the persons identified	1740
in divisions (A)(2) to (8) of this section. If a person is	1741
convicted of or pleads guilty to, or has been convicted of or	1742
pleaded guilty to, either a sexually oriented offense that is not	1743
a registration-exempt sexually oriented offense or a child-victim	1744
oriented offense, or a person is adjudicated a delinquent child	1745
for committing either a sexually oriented offense that is not a	1746
registration-exempt sexually oriented offense or a child-victim	1747
oriented offense and is classified a juvenile offender registrant	1748
or is an out-of-state juvenile offender registrant based on that	1749
adjudication, and if the offender or delinquent child is in any	1750
category specified in division (F)(1)(a), (b), or (c) of this	1751
section, the sheriff with whom the offender or delinquent child	1752
has most recently registered under section 2950.04, 2950.041, or	1753
2950.05 of the Revised Code and the sheriff to whom the offender	1754
or delinquent child most recently sent a notice of intent to	1755
reside under section 2950.04 or 2950.041 of the Revised Code,	1756
within the period of time specified in division (C) of this	1757
section, shall provide a written notice containing the information	1758
set forth in division (B) of this section to all of the persons	1759
described in divisions (A)(1) to (9) of this section. If the	1760
sheriff has sent a notice to the persons described in those	1761
divisions as a result of receiving a notice of intent to reside	1762
and if the offender or delinquent child registers a residence	1763
address that is the same residence address described in the notice	1764
of intent to reside, the sheriff is not required to send an	1765
additional notice when the offender or delinquent child registers.	1766
The sheriff shall provide the notice to all of the following	1767
persons:	1768

(1)(a) Any occupant of each residential unit that is located	1769
within one thousand feet of the offender's or delinquent child's	1770
residential premises, that is located within the county served by	1771
the sheriff, and that is not located in a multi-unit building.	1772
Division (D)(3) of this section applies regarding notices required	1773
under this division.	1774

(b) If the offender or delinquent child resides in a	1775
multi-unit building, any occupant of each residential unit that is	1776
located in that multi-unit building and that shares a common	1777
hallway with the offender or delinquent child. For purposes of	1778
this division, an occupant's unit shares a common hallway with the	1779
offender or delinquent child if the entrance door into the	1780
occupant's unit is located on the same floor and opens into the	1781
same hallway as the entrance door to the unit the offender or	1782
delinquent child occupies. Division (D)(3) of this section applies	1783
regarding notices required under this division.	1784

(c) The building manager, or the person the building owner or	1785
condominium unit owners association authorizes to exercise	1786
management and control, of each multi-unit building that is	1787
located within one thousand feet of the offender's or delinquent	1788
child's residential premises, including a multi-unit building in	1789
which the offender or delinquent child resides, and that is	1790
located within the county served by the sheriff. In addition to	1791
notifying the building manager or the person authorized to	1792
exercise management and control in the multi-unit building under	1793
this division, the sheriff shall post a copy of the notice	1794
prominently in each common entryway in the building and any other	1795
location in the building the sheriff determines appropriate. The	1796
manager or person exercising management and control of the	1797
building shall permit the sheriff to post copies of the notice	1798
under this division as the sheriff determines appropriate. In lieu	1799
of posting copies of the notice as described in this division, a	1800
sheriff may provide notice to all occupants of the multi-unit	1801
building by mail or personal contact; if the sheriff so notifies	1802
all the occupants, the sheriff is not required to post copies of	1803
the notice in the common entryways to the building. Division	1804
(D)(3) of this section applies regarding notices required under	1805
this division.	1806

(d) All additional persons who are within any category of	1807
neighbors of the offender or delinquent child that the attorney	1808
general by rule adopted under section 2950.13 of the Revised Code	1809
requires to be provided the notice and who reside within the	1810
county served by the sheriff;	1811

(2) The executive director of the public children services	1812
agency that has jurisdiction within the specified geographical	1813
notification area and that is located within the county served by	1814
the sheriff;	1815

(3)(a) The superintendent of each board of education of a	1816
school district that has schools within the specified geographical	1817
notification area and that is located within the county served by	1818
the sheriff;	1819

(b) The principal of the school within the specified	1820
geographical notification area and within the county served by the	1821
sheriff that the delinquent child attends;	1822

(c) If the delinquent child attends a school outside of the	1823
specified geographical notification area or outside of the school	1824
district where the delinquent child resides, the superintendent of	1825
the board of education of a school district that governs the	1826
school that the delinquent child attends and the principal of the	1827
school that the delinquent child attends.	1828

(4)(a) The appointing or hiring officer of each chartered	1829
nonpublic school located within the specified geographical	1830
notification area and within the county served by the sheriff or	1831
of each other school located within the specified geographical	1832
notification area and within the county served by the sheriff and	1833
that is not operated by a board of education described in division	1834
(A)(3) of this section;	1835

(b) Regardless of the location of the school, the appointing	1836
or hiring officer of a chartered nonpublic school that the	1837
delinquent child attends.	1838

(5) The director, head teacher, elementary principal, or site	1839
administrator of each preschool program governed by Chapter 3301.	1840
of the Revised Code that is located within the specified	1841
geographical notification area and within the county served by the	1842
sheriff;	1843

(6) The administrator of each child day-care center or type A	1844
family day-care home that is located within the specified	1845
geographical notification area and within the county served by the	1846
sheriff, and the provider of each certified type B family day-care	1847
home that is located within the specified geographical	1848
notification area and within the county served by the sheriff. As	1849
used in this division, "child day-care center," "type A family	1850
day-care home," and "certified type B family day-care home" have	1851
the same meanings as in section 5104.01 of the Revised Code.	1852

(7) The president or other chief administrative officer of	1853
each institution of higher education, as defined in section	1854
2907.03 of the Revised Code, that is located within the specified	1855
geographical notification area and within the county served by the	1856
sheriff, and the chief law enforcement officer of the state	1857
university law enforcement agency or campus police department	1858
established under section 3345.04 or 1713.50 of the Revised Code,	1859
if any, that serves that institution;	1860

(8) The sheriff of each county that includes any portion of	1861
the specified geographical notification area;	1862

(9) If the offender or delinquent child resides within the	1863
county served by the sheriff, the chief of police, marshal, or	1864
other chief law enforcement officer of the municipal corporation	1865
in which the offender or delinquent child resides or, if the	1866
offender or delinquent child resides in an unincorporated area,	1867
the constable or chief of the police department or police district	1868
police force of the township in which the offender or delinquent	1869
child resides.	1870

(B) The notice required under division (A) of this section	1871
shall include all of the following information regarding the	1872
subject offender or delinquent child:	1873

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

1874

(2) The address or addresses of the offender's residence,	1875
school, institution of higher education, or place of employment,	1876
as applicable, or the delinquent child's residence address or	1877
addresses;	1878

(3) The sexually oriented offense or child-victim oriented	1879
offense of which the offender was convicted, to which the offender	1880
pleaded guilty, or for which the child was adjudicated a	1881
delinquent child;	1882

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

1883

(a) A statement that the offender has been adjudicated a	1884
sexual predator, a statement that the offender has been convicted	1885
of or pleaded guilty to an aggravated sexually oriented offense, a	1886
statement that the delinquent child has been adjudicated a sexual	1887
predator and that, as of the date of the notice, the court has not	1888
entered a determination that the delinquent child no longer is a	1889
sexual predator, or a statement that the sentencing or reviewing	1890
judge has determined that the offender or delinquent child is a	1891
habitual sex offender and that, as of the date of the notice, the	1892
determination regarding a delinquent child has not been removed	1893
pursuant to section 2152.84 or 2152.85 of the Revised Code;	1894

(b) A statement that the offender has been adjudicated a	1895
child-victim predator, a statement that the delinquent child has	1896
been adjudicated a child-victim predator and that, as of the date	1897
of the notice, the court has not entered a determination that the	1898
delinquent child no longer is a child-victim predator, or a	1899
statement that the sentencing or reviewing judge has determined	1900
that the offender or delinquent child is a habitual child-victim	1901
offender and that, as of the date of the notice, the determination	1902
regarding a delinquent child has not been removed pursuant to	1903
section 2152.84 or 2152.85 of the Revised Code;	1904

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

1905

(C) If a sheriff with whom an offender or delinquent child	1906
registers under section 2950.04, 2950.041, or 2950.05 of the	1907
Revised Code or to whom the offender or delinquent child most	1908
recently sent a notice of intent to reside under section 2950.04	1909
or 2950.041 of the Revised Code is required by division (A) of	1910
this section to provide notices regarding an offender or	1911
delinquent child and if, pursuant to that requirement, the sheriff	1912
provides a notice to a sheriff of one or more other counties in	1913
accordance with division (A)(8) of this section, the sheriff of	1914
each of the other counties who is provided notice under division	1915
(A)(8) of this section shall provide the notices described in	1916
divisions (A)(1) to (7) and (A)(9) of this section to each person	1917
or entity identified within those divisions that is located within	1918
the specified geographical notification area and within the county	1919
served by the sheriff in question.	1920

(D)(1) A sheriff required by division (A) or (C) of this	1921
section to provide notices regarding an offender or delinquent	1922
child shall provide the notice to the neighbors that are described	1923
in division (A)(1) of this section and the notices to law	1924
enforcement personnel that are described in divisions (A)(8) and	1925
(9) of this section as soon as practicable, but no later than five	1926
days after the offender sends the notice of intent to reside to	1927
the sheriff and again no later than five days after the offender	1928
or delinquent child registers with the sheriff or, if the sheriff	1929
is required by division (C) of this section to provide the	1930
notices, no later than five days after the sheriff is provided the	1931
notice described in division (A)(8) of this section.	1932

A sheriff required by division (A) or (C) of this section to	1933
provide notices regarding an offender or delinquent child shall	1934
provide the notices to all other specified persons that are	1935
described in divisions (A)(2) to (7) of this section as soon as	1936
practicable, but not later than seven days after the offender or	1937
delinquent child registers with the sheriff or, if the sheriff is	1938
required by division (C) of this section to provide the notices,	1939
no later than five days after the sheriff is provided the notice	1940
described in division (A)(8) of this section.	1941

(2) If an offender or delinquent child in relation to whom	1942
division (A) of this section applies verifies the offender's or	1943
delinquent child's current residence, school, institution of	1944
higher education, or place of employment address, as applicable,	1945
with a sheriff pursuant to section 2950.06 of the Revised Code,	1946
the sheriff may provide a written notice containing the	1947
information set forth in division (B) of this section to the	1948
persons identified in divisions (A)(1) to (9) of this section. If	1949
a sheriff provides a notice pursuant to this division to the	1950
sheriff of one or more other counties in accordance with division	1951
(A)(8) of this section, the sheriff of each of the other counties	1952
who is provided the notice under division (A)(8) of this section	1953
may provide, but is not required to provide, a written notice	1954
containing the information set forth in division (B) of this	1955
section to the persons identified in divisions (A)(1) to (7) and	1956
(A)(9) of this section.	1957

(3) A sheriff may provide notice under division (A)(1)(a) or	1958
(b) of this section, and may provide notice under division	1959
(A)(1)(c) of this section to a building manager or person	1960
authorized to exercise management and control of a building, by	1961
mail, by personal contact, or by leaving the notice at or under	1962
the entry door to a residential unit. For purposes of divisions	1963
(A)(1)(a) and (b) of this section, and the portion of division	1964
(A)(1)(c) of this section relating to the provision of notice to	1965
occupants of a multi-unit building by mail or personal contact,	1966
the provision of one written notice per unit is deemed as	1967
providing notice to all occupants of that unit.	1968

(E) All information that a sheriff possesses regarding a	1969
sexual predator, a habitual sex offender, a child-victim predator,	1970
or a habitual child-victim offender that is described in division	1971
(B) of this section and that must be provided in a notice required	1972
under division (A) or (C) of this section or that may be provided	1973
in a notice authorized under division (D)(2) of this section is a	1974
public record that is open to inspection under section 149.43 of	1975
the Revised Code.	1976

The sheriff shall not cause to be publicly disseminated by	1977
means of the internet any of the information described in this	1978
division that is provided by a sexual predator, habitual sex	1979
offender, child-victim predator, or habitual child-victim offender	1980
who is a juvenile offender registrant, except when the act that is	1981
the basis of the child's classification as a juvenile offender	1982
registrant is a violation of, or an attempt to commit a violation	1983
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that	1984
was committed with a purpose to gratify the sexual needs or	1985
desires of the child, a violation of section 2907.02 of the	1986
Revised Code, or an attempt to commit a violation of that section.	1987

(F)(1) The duties to provide the notices described in	1988
divisions (A) and (C) of this section apply regarding any offender	1989
or delinquent child who is in any of the following categories, if	1990
the other criteria set forth in division (A) or (C) of this	1991
section, whichever is applicable, are satisfied:	1992

(a) The offender or delinquent child has been adjudicated a	1993
sexual predator relative to the sexually oriented offense for	1994
which the offender or delinquent child has the duty to register	1995
under section 2950.04 of the Revised Code or has been adjudicated	1996
a child-victim predator relative to the child-victim oriented	1997
offense for which the offender or child has the duty to register	1998
under section 2950.041 of the Revised Code, and the court has not	1999
subsequently determined pursuant to section 2152.84 or 2152.85 of	2000
the Revised Code regarding a delinquent child that the delinquent	2001
child no longer is a sexual predator or no longer is a	2002
child-victim predator, whichever is applicable.	2003

(b) The offender or delinquent child has been determined	2004
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	2005
division (B) of section 2152.83, section 2152.84, or section	2006
2152.85 of the Revised Code to be a habitual sex offender or a	2007
habitual child-victim offender, the court has imposed a	2008
requirement under that division or section subjecting the habitual	2009
sex offender or habitual child-victim offender to this section,	2010
and the determination has not been removed pursuant to section	2011
2152.84 or 2152.85 of the Revised Code regarding a delinquent	2012
child.	2013

(c) The sexually oriented offense for which the offender has	2014
the duty to register under section 2950.04 of the Revised Code is	2015
an aggravated sexually oriented offense, regardless of whether the	2016
offender has been adjudicated a sexual predator relative to the	2017
offense or has been determined to be a habitual sex offender.	2018

(2) The notification provisions of this section do not apply	2019
regarding a person who is convicted of or pleads guilty to, has	2020
been convicted of or pleaded guilty to, or is adjudicated a	2021
delinquent child for committing, a sexually oriented offense or a	2022
child-victim oriented offense, who is not in the category	2023
specified in either division (F)(1)(a) or (c) of this section, and	2024
who is determined pursuant to division (C)(2) or (E) of section	2025
2950.09 or 2950.091, division (B) of section 2152.83, section	2026
2152.84, or section 2152.85 of the Revised Code to be a habitual	2027
sex offender or habitual child-victim offender unless the	2028
sentencing or reviewing court imposes a requirement in the	2029
offender's sentence and in the judgment of conviction that	2030
contains the sentence or in the delinquent child's adjudication,	2031
or imposes a requirement as described in division (C)(2) of	2032
section 2950.09 or 2950.091 of the Revised Code, that subjects the	2033
offender or the delinquent child to the provisions of this	2034
section.	2035

(G) The department of job and family services shall compile,	2036
maintain, and update in January and July of each year, a list of	2037
all agencies, centers, or homes of a type described in division	2038
(A)(2) or (6) of this section that contains the name of each	2039
agency, center, or home of that type, the county in which it is	2040
located, its address and telephone number, and the name of an	2041
administrative officer or employee of the agency, center, or home.	2042
The department of education shall compile, maintain, and update in	2043
January and July of each year, a list of all boards of education,	2044
schools, or programs of a type described in division (A)(3), (4),	2045
or (5) of this section that contains the name of each board of	2046
education, school, or program of that type, the county in which it	2047
is located, its address and telephone number, the name of the	2048
superintendent of the board or of an administrative officer or	2049
employee of the school or program, and, in relation to a board of	2050
education, the county or counties in which each of its schools is	2051
located and the address of each such school. The Ohio board of	2052
regents shall compile, maintain, and update in January and July of	2053
each year, a list of all institutions of a type described in	2054
division (A)(7) of this section that contains the name of each	2055
such institution, the county in which it is located, its address	2056
and telephone number, and the name of its president or other chief	2057
administrative officer. A sheriff required by division (A) or (C)	2058
of this section, or authorized by division (D)(2) of this section,	2059
to provide notices regarding an offender or delinquent child, or a	2060
designee of a sheriff of that type, may request the department of	2061
job and family services, department of education, or Ohio board of	2062
regents, by telephone, in person, or by mail, to provide the	2063
sheriff or designee with the names, addresses, and telephone	2064
numbers of the appropriate persons and entities to whom the	2065
notices described in divisions (A)(2) to (7) of this section are	2066
to be provided. Upon receipt of a request, the department or board	2067
shall provide the requesting sheriff or designee with the names,	2068
addresses, and telephone numbers of the appropriate persons and	2069
entities to whom those notices are to be provided.	2070

(H)(1) Upon the motion of the offender or the prosecuting	2071
attorney of the county in which the offender was convicted of or	2072
pleaded guilty to the sexually oriented offense or child-victim	2073
oriented offense for which the offender is subject to community	2074
notification under this section, or upon the motion of the	2075
sentencing judge or that judge's successor in office, the judge	2076
may schedule a hearing to determine whether the interests of	2077
justice would be served by suspending the community notification	2078
requirement under this section in relation to the offender. The	2079
judge may dismiss the motion without a hearing but may not issue	2080
an order suspending the community notification requirement without	2081
a hearing. At the hearing, all parties are entitled to be heard,	2082
and the judge shall consider all of the factors set forth in	2083
division (B)(3) of section 2950.09 of the Revised Code. If, at the	2084
conclusion of the hearing, the judge finds that the offender has	2085
proven by clear and convincing evidence that the offender is	2086
unlikely to commit in the future a sexually oriented offense or a	2087
child-victim oriented offense and if the judge finds that	2088
suspending the community notification requirement is in the	2089
interests of justice, the judge may suspend the application of	2090
this section in relation to the offender. The order shall contain	2091
both of these findings.	2092

The judge promptly shall serve a copy of the order upon the	2093
sheriff with whom the offender most recently registered under	2094
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	2095
the bureau of criminal identification and investigation.	2096

An order suspending the community notification requirement	2097
does not suspend or otherwise alter an offender's duties to comply	2098
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	2099
Revised Code and does not suspend the victim notification	2100
requirement under section 2950.10 of the Revised Code.	2101

(2) A prosecuting attorney, a sentencing judge or that	2102
judge's successor in office, and an offender who is subject to the	2103
community notification requirement under this section may	2104
initially make a motion under division (H)(1) of this section upon	2105
the expiration of twenty years after the offender's duty to comply	2106
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	2107
Revised Code begins in relation to the offense for which the	2108
offender is subject to community notification. After the initial	2109
making of a motion under division (H)(1) of this section,	2110
thereafter, the prosecutor, judge, and offender may make a	2111
subsequent motion under that division upon the expiration of five	2112
years after the judge has entered an order denying the initial	2113
motion or the most recent motion made under that division.	2114

(3) The offender and the prosecuting attorney have the right	2115
to appeal an order approving or denying a motion made under	2116
division (H)(1) of this section.	2117

(4) Division (H) of this section does not apply to any of the	2118
following types of offender:	2119

(a) A person who is convicted of or pleads guilty to a	2120
violent sex offense or designated homicide, assault, or kidnapping	2121
offense and who, in relation to that offense, is adjudicated a	2122
sexually violent predator;	2123

(b) A habitual sex offender or habitual child-victim oriented	2124
offender who is subject to community notification who, subsequent	2125
to being subjected to community notification, has pleaded guilty	2126
to or been convicted of a sexually oriented offense or a	2127
child-victim oriented offense;	2128

(c) A sexual predator or child-victim predator who is not	2129
adjudicated a sexually violent predator who, subsequent to being	2130
subjected to community notification, has pleaded guilty to or been	2131
convicted of a sexually oriented offense or child-victim oriented	2132
offense.	2133

(I) If a person is convicted of or pleads guilty to, or has	2134
been convicted of or pleaded guilty to, either a sexually oriented	2135
offense that is not a registration-exempt sexually oriented	2136
offense or a child-victim oriented offense, or a person is	2137
adjudicated a delinquent child for committing either a sexually	2138
oriented offense that is not a registration-exempt sexually	2139
oriented offense or a child-victim oriented offense and is	2140
classified a juvenile offender registrant or is an out-of-state	2141
juvenile offender registrant based on that adjudication, and if	2142
the offender or delinquent child is not in any category specified	2143
in division (F)(1)(a), (b), or (c) of this section, the sheriff	2144
with whom the offender or delinquent child has most recently	2145
registered under section 2950.04, 2950.041, or 2950.05 of the	2146
Revised Code and the sheriff to whom the offender or delinquent	2147
child most recently sent a notice of intent to reside under	2148
section 2950.04 or 2950.041 of the Revised Code, within the period	2149
of time specified in division (D) of this section, shall provide a	2150
written notice containing the information set forth in division	2151
(B) of this section to the executive director of the public	2152
children services agency that has jurisdiction within the	2153
specified geographical notification area and that is located	2154
within the county served by the sheriff.	2155

Sec. 3797.01.  As used in sections 3797.01 to 3797.12 of the	2156
Revised Code:	2157

(A) "Employed" means employed for more than fourteen days or	2158
for an aggregate of thirty days in a calendar year.	2159

(B) "Registrant" means a person against whom a court has	2160
entered a declaratory judgment under section 2721.21 of the	2161
Revised Code and issued an order that the person be listed on the	2162
civil registry maintained by the attorney general pursuant to	2163
section 3797.08 of the Revised Code.	2164

(C) "Reside" includes temporarily reside.

2165

(D) "Sheriff" includes a person designated by a sheriff to	2166
carry out functions that the sheriff is required to perform under	2167
sections 3797.02 to 3797.12 of the Revised Code.	2168

(E) "Temporarily reside" means live in a county in this	2169
state, other than as a permanent resident, for a period of five or	2170
more consecutive days.	2171

Sec. 3797.02.  (A)(1) A registrant shall register personally	2172
with the sheriff of the county in which the registrant resides and	2173
with the sheriff of any county in which the registrant is	2174
employed.	2175

(2) A registrant who is registered in one or more counties	2176
and who establishes a new residence or place of employment in a	2177
county in which the registrant is not registered shall register	2178
personally with the sheriff of the county in which the new	2179
residence or place of employment is located immediately upon	2180
coming into that county.	2181

(B) A registrant shall obtain from the sheriff a registration	2182
form prescribed by the attorney general pursuant to section	2183
3797.07 of the Revised Code, complete and sign the form, and	2184
return the form to the sheriff. The sheriff shall sign the form	2185
and indicate on the form the date on which it is returned. The	2186
registration required under this division is complete when the	2187
registrant returns the form, containing the requisite information,	2188
signature, and date, to the sheriff.	2189

(C) The duty to register pursuant to division (A) of this	2190
section commences on the date a declaratory judgment against the	2191
registrant is entered and continues unless and until the	2192
registrant is removed pursuant to section 2721.21 of the Revised	2193
Code from the civil registry established under section 3797.08 of	2194
the Revised Code.	2195

Sec. 3797.03.  (A) A registrant who establishes a new	2196
residence or place of employment within a county in which the	2197
registrant is registered shall promptly send the sheriff written	2198
notice of the address of the new residence or place of employment.	2199

(B) A registrant who intends to reside in a county other than	2200
the one in which the registrant has registered a residence address	2201
shall send the sheriff of the county in which the registrant	2202
intends to reside written notice of the registrant's intent to	2203
reside in that county. The registrant shall send the notice at	2204
least twenty days before the date the registrant begins to reside	2205
in the county. The notice shall include the registrant's name and	2206
the address or addresses at which the registrant intends to	2207
reside. If the change of address is not to a fixed address, the	2208
registrant shall include in the notice a detailed description of	2209
the place or places at which the registrant intends to stay and,	2210
not later than the end of the first business day immediately	2211
following the day on which the registrant obtains a fixed	2212
residence address, shall provide the sheriff written notice of the	2213
fixed residence address. If a registrant whose residence address	2214
change is not to a fixed address describes in a notice under this	2215
division the place or places at which the registrant intends to	2216
stay, the place or places so described in the notice shall be	2217
considered the registrant's residence address until the registrant	2218
provides the written notice of a fixed residence address as	2219
described in this division.	2220

Sec. 3797.04. (A) A registrant shall verify the registrant's	2221
current residence address and employment address on each	2222
anniversary of the registrant's initial registration date by	2223
personally appearing before the sheriff of the county in which the	2224
registrant is registered not earlier than ten days before the	2225
anniversary date and not later than the anniversary date and	2226
completing and signing a copy of a verification form provided by	2227
the sheriff. The sheriff shall sign the completed form and	2228
indicate on the form the date on which it is completed. The	2229
verification is complete when the registrant personally appears	2230
before the sheriff and completes and signs the form.	2231

(B) To facilitate the verification of a registrant's current	2232
residence or employment address, the sheriff with whom the	2233
registrant most recently registered the address may mail a	2234
nonforwardable verification form to the registrant's last reported	2235
residence address or employment address, as applicable, with a	2236
notice that conspicuously states that the registrant must	2237
personally appear before the sheriff to complete the form and the	2238
date by which the form must be completed. Regardless of whether a	2239
sheriff mails a form to a registrant, each registrant shall	2240
personally appear before the sheriff to verify the address.	2241

(C)(1) If a registrant fails to verify a current residence	2242
address or employment address by the date required for the	2243
verification, the sheriff with whom the registrant is required to	2244
verify the current address shall send on the day following that	2245
date required for the verification and at the registrant's last	2246
known residence or place of employment, as applicable, a written	2247
warning to the registrant regarding the registrant's duty to	2248
verify the registrant's current address.	2249

The written warning shall do all of the following:

2250

(a) Identify the sheriff who sends it and the date on which	2251
it is sent;	2252

(b) State conspicuously that the registrant has failed to	2253
verify the registrant's current residence address or employment	2254
address, as applicable, by the date required for the verification;	2255

(c) Conspicuously state that the registrant has seven days	2256
from the date on which the warning is sent to verify the current	2257
residence address or employment address, as applicable, with the	2258
sheriff who sent the warning;	2259

(d) Conspicuously state that a failure to timely verify the	2260
specified current address or addresses is a felony offense;	2261

(e) Conspicuously state that the registrant will not be	2262
prosecuted for a failure to timely verify a current address if the	2263
registrant verifies the current address with that sheriff within	2264
that seven-day period;	2265

(f) Conspicuously state that the registrant will be arrested	2266
or taken into custody, as appropriate, and prosecuted for a	2267
failure to timely verify a current address if the registrant does	2268
not verify the current address with that sheriff within that	2269
seven-day period.	2270

(2) If a registrant fails to verify a current address as	2271
required by this section by the date required for the	2272
verification, the registrant shall not be prosecuted for a	2273
violation of division (A) of section 3797.10 of the Revised Code	2274
unless the seven-day period subsequent to that date that the	2275
registrant is provided under division (C)(1) of this section to	2276
verify the current address has expired and the registrant has not	2277
verified the current address prior to the expiration of that	2278
seven-day period. Upon the expiration of the seven-day period that	2279
the registrant is provided under division (C)(1) of this section	2280
to verify the current address, if the registrant has not verified	2281
the current address, all of the following apply:	2282

(a) The sheriff with whom the registrant is required to	2283
verify the current address promptly shall notify the attorney	2284
general of the failure.	2285

(b) The sheriff with whom the registrant is required to	2286
verify the current address, the sheriff of the county in which the	2287
registrant resides or is employed, or a deputy of the appropriate	2288
sheriff shall locate the registrant, promptly shall seek a warrant	2289
for the arrest or taking into custody, as appropriate, of the	2290
registrant for the violation of division (A) of section 3797.10 of	2291
the Revised Code, and shall arrest the registrant.	2292

(c) The registrant is subject to prosecution for a violation	2293
of division (A) of section 3797.10 of the Revised Code.	2294

(D) A registrant who is required to verify a current address	2295
pursuant to division (A) of this section shall do so unless and	2296
until the registrant is removed from the civil registry pursuant	2297
to section 2721.21 of the Revised Code.	2298

Sec. 3797.05.  (A) If a registrant registers a residence	2299
address, provides notice of a change of any residence address, or	2300
verifies a current residence address pursuant to section 3797.02,	2301
3797.03, or 3797.04 of the Revised Code, all of the following	2302
apply:	2303

(1) At any time after the registration, provision of the	2304
notice, or verification, the sheriff with whom the registrant so	2305
registered or to whom the registrant so provided the notice or	2306
verified the current address may contact a person who owns,	2307
leases, or otherwise has custody, control, or supervision of the	2308
premises at the address provided by the registrant in the	2309
registration, the notice, or the verification and request that the	2310
person confirm or deny that the registrant currently resides at	2311
that address.	2312

(2) Upon receipt of a request under division (A)(1) of this	2313
section, notwithstanding any other provision of law, the person	2314
who owns, leases, or otherwise has custody, control, or	2315
supervision of the premises, or an agent of that person, shall	2316
comply with the request and inform the sheriff or designee who	2317
made the request whether or not the registrant currently resides	2318
at that address.	2319

(3) Section 3797.12 of the Revised Code applies to a person	2320
who provides information of the type described in division (A)(2)	2321
of this section in accordance with that division.	2322

(B) Division (A) of this section applies regarding any public	2323
or private residential premises, including, but not limited to, a	2324
private residence, a multi-unit residential facility, a halfway	2325
house, a homeless shelter, or any other type of residential	2326
premises.	2327

(C) A sheriff may attempt to confirm that a registrant who	2328
registers a residence address, provides notice of a change of any	2329
residence address, or verifies a current residence address as	2330
described in division (A) of this section currently resides at the	2331
address in question in manners other than the manner provided in	2332
this section. A sheriff is not limited in the number of requests	2333
that may be made under this section regarding any registration,	2334
provision of notice, or verification or in the number of times	2335
that the sheriff may attempt to confirm in manners other than the	2336
manner provided in this section that a registrant currently	2337
resides at the address in question.	2338

Sec. 3797.06.  (A) As used in this section, "specified	2339
geographical notification area" means the geographic area or areas	2340
within which the attorney general requires by rule adopted under	2341
section 3797.08 of the Revised Code the notice described in	2342
division (B) of this section to be given to the persons identified	2343
in divisions (A)(1) to (9) of this section. If a court enters a	2344
declaratory judgment against a registrant under section 2721.21 of	2345
the Revised Code, the sheriff with whom the registrant has most	2346
recently registered under section 3797.02 or 3797.03 of the	2347
Revised Code and the sheriff to whom the registrant most recently	2348
sent a notice of intent to reside under section 3797.03 of the	2349
Revised Code shall provide within the period of time specified in	2350
division (C) of this section a written notice containing the	2351
information set forth in division (B) of this section to all of	2352
the persons described in divisions (A)(1) to (9) of this section.	2353
If the sheriff has sent a notice to the persons described in those	2354
divisions as a result of receiving a notice of intent to reside	2355
and if the registrant registers a residence address that is the	2356
same residence address described in the notice of intent to	2357
reside, the sheriff is not required to send an additional notice	2358
when the registrant registers. The sheriff shall provide the	2359
notice to all of the following persons:	2360

(1)(a) Any occupant of each residential unit that is located	2361
within one thousand feet of the registrant's residential premises,	2362
that is located within the county served by the sheriff, and that	2363
is not located in a multi-unit building. Division (D)(3) of this	2364
section applies regarding notices required under this division.	2365

(b) If the registrant resides in a multi-unit building, any	2366
occupant of each residential unit that is located in that	2367
multi-unit building and that shares a common hallway with the	2368
registrant. For purposes of this division, an occupant's unit	2369
shares a common hallway with the registrant if the entrance door	2370
into the occupant's unit is located on the same floor and opens	2371
into the same hallway as the entrance door to the unit the	2372
registrant occupies. Division (D)(3) of this section applies	2373
regarding notices required under this division.	2374

(c) The building manager, or the person the building owner or	2375
condominium unit owners association authorizes to exercise	2376
management and control, of each multi-unit building that is	2377
located within one thousand feet of the registrant's residential	2378
premises, including a multi-unit building in which the registrant	2379
resides, and that is located within the county served by the	2380
sheriff. In addition to notifying the building manager or the	2381
person authorized to exercise management and control in the	2382
multi-unit building under this division, the sheriff shall post a	2383
copy of the notice prominently in each common entryway in the	2384
building and any other location in the building the sheriff	2385
determines appropriate. The manager or person exercising	2386
management and control of the building shall permit the sheriff to	2387
post copies of the notice under this division as the sheriff	2388
determines appropriate. In lieu of posting copies of the notice as	2389
described in this division, a sheriff may provide notice to all	2390
occupants of the multi-unit building by mail or personal contact.	2391
If the sheriff so notifies all the occupants, the sheriff is not	2392
required to post copies of the notice in the common entryways to	2393
the building. Division (D)(3) of this section applies regarding	2394
notices required under this division.	2395

(d) All additional persons who are within any category of	2396
neighbors of the registrant that the attorney general by rule	2397
adopted under section 3797.08 of the Revised Code requires to be	2398
provided the notice and who reside within the county served by the	2399
sheriff.	2400

(2) The executive director of the public children services	2401
agency that has jurisdiction within the specified geographical	2402
notification area and that is located within the county served by	2403
the sheriff;	2404

(3) The superintendent of each board of education of a school	2405
district that has schools within the specified geographical	2406
notification area and that is located within the county served by	2407
the sheriff;	2408

(4) The appointing or hiring officer of each nonpublic school	2409
located within the specified geographical notification area and	2410
within the county served by the sheriff or of each other school	2411
located within the specified geographical notification area and	2412
within the county served by the sheriff and that is not operated	2413
by a board of education described in division (A)(3) of this	2414
section;	2415

(5) The director, head teacher, elementary principal, or site	2416
administrator of each preschool program governed by Chapter 3301.	2417
of the Revised Code that is located within the specified	2418
geographical notification area and within the county served by the	2419
sheriff;	2420

(6) The administrator of each child day-care center or type A	2421
family day-care home that is located within the specified	2422
geographical notification area and within the county served by the	2423
sheriff, and the provider of each certified type B family day-care	2424
home that is located within the specified geographical	2425
notification area and within the county served by the sheriff. As	2426
used in this division, "child day-care center," "type A family	2427
day-care home," and "certified type B family day-care home" have	2428
the same meanings as in section 5104.01 of the Revised Code.	2429

(7) The president or other chief administrative officer of	2430
each institution of higher education, as defined in section	2431
2907.03 of the Revised Code, that is located within the specified	2432
geographical notification area and within the county served by the	2433
sheriff and the chief law enforcement officer of any state	2434
university law enforcement agency or campus police department	2435
established under section 3345.04 or 1713.50 of the Revised Code	2436
that serves that institution;	2437

(8) The sheriff of each county that includes any portion of	2438
the specified geographical notification area;	2439

(9) If the registrant resides within the county served by the	2440
sheriff, the chief of police, marshal, or other chief law	2441
enforcement officer of the municipal corporation in which the	2442
registrant resides or, if the registrant resides in an	2443
unincorporated area, the constable or chief of the police	2444
department or police district police force of the township in	2445
which the registrant resides.	2446

(B) The notice required under division (A) of this section	2447
shall include the registrant's name, residence or employment	2448
address, as applicable, and a statement that the registrant has	2449
been found liable for childhood sexual abuse in a civil action and	2450
is listed on the civil registry established by the attorney	2451
general pursuant to section 3797.08 of the Revised Code.	2452

(C) If a sheriff with whom a registrant registers under	2453
section 3797.02 or 3797.03 of the Revised Code or to whom the	2454
registrant most recently sent a notice of intent to reside under	2455
section 3797.03 of the Revised Code is required by division (A) of	2456
this section to provide notices regarding a registrant and if the	2457
sheriff provides a notice pursuant to that requirement the sheriff	2458
provides a notice to a sheriff of one or more other counties in	2459
accordance with division (A)(8) of this section, the sheriff of	2460
each of the other counties who is provided notice under division	2461
(A)(8) of this section shall provide the notices described in	2462
divisions (A)(1) to (7) and (A)(9) of this section to each person	2463
or entity identified within those divisions that is located within	2464
the specified geographical notification area and within the county	2465
served by the sheriff in question.	2466

(D)(1) A sheriff required by division (A) or (C) of this	2467
section to provide notices regarding a registrant shall provide	2468
the notice to the neighbors that are described in division (A)(1)	2469
of this section and the notices to law enforcement personnel that	2470
are described in divisions (A)(8) and (9) of this section as soon	2471
as practicable, but not later than five days after the registrant	2472
sends the notice of intent to reside to the sheriff, and again not	2473
later than five days after the registrant registers with the	2474
sheriff or, if the sheriff is required by division (C) to provide	2475
the notices, not later than five days after the sheriff is	2476
provided the notice described in division (A)(8) of this section.	2477

A sheriff required by division (A) or (C) of this section to	2478
provide notices regarding a registrant shall provide the notices	2479
to all other specified persons that are described in divisions	2480
(A)(2) to (7) of this section as soon as practicable, but not	2481
later than seven days after the registrant registers with the	2482
sheriff, or, if the sheriff is required by division (C) to provide	2483
the notices, not later than five days after the sheriff is	2484
provided the notice described in division (A)(8) of this section.	2485

(2) If a registrant in relation to whom division (A) of this	2486
section applies verifies the registrant's current residence	2487
address with a sheriff pursuant to section 3797.04 of the Revised	2488
Code, the sheriff may provide a written notice containing the	2489
information set forth in division (B) of this section to the	2490
persons identified in divisions (A)(1) to (9) of this section. If	2491
a sheriff provides a notice pursuant to this division to the	2492
sheriff of one or more other counties in accordance with division	2493
(A)(8) of this section, the sheriff of each of the other counties	2494
who is provided the notice under division (A)(8) of this section	2495
may provide, but is not required to provide, a written notice	2496
containing the information set forth in division (B) of this	2497
section to the persons identified in divisions (A)(1) to (7) and	2498
(A)(9) of this section.	2499

(3) A sheriff may provide notice under division (A)(1)(a) or	2500
(b) of this section, and may provide notice under division	2501
(A)(1)(c) of this section to a building manager or person	2502
authorized to exercise management and control of a building, by	2503
mail, by personal contact, or by leaving the notice at or under	2504
the entry door to a residential unit. For purposes of divisions	2505
(A)(1)(a) and (b) of this section and of the portion of division	2506
(A)(1)(c) of this section relating to the provision of notice to	2507
occupants of a multi-unit building by mail or personal contact,	2508
the provision of one written notice per unit is deemed providing	2509
notice to all occupants of that unit.	2510

(E) All information that a sheriff possesses regarding a	2511
registrant that is described in division (B) of this section and	2512
that must be provided in a notice required under division (A) or	2513
(C) of this section or that may be provided in a notice authorized	2514
under division (D)(2) of this section is a public record that is	2515
open to inspection under section 149.43 of the Revised Code.	2516

(F) A sheriff required by division (A) or (C) of this	2517
section, or authorized by division (D)(2) of this section, to	2518
provide notices regarding a registrant may request the department	2519
of job and family services, department of education, or Ohio board	2520
of regents, by telephone, in registrant, or by mail, to provide	2521
the sheriff with the names, addresses, and telephone numbers of	2522
the appropriate persons and entities to whom the notices described	2523
in divisions (A)(2) to (7) of this section are to be provided.	2524
Upon receipt of a request, the department or board shall provide	2525
the requesting sheriff with the names, addresses, and telephone	2526
numbers of the appropriate persons and entities to whom those	2527
notices are to be provided.	2528

(G)(1) Upon the motion of the registrant or the judge that	2529
entered a declaratory judgment pursuant to section 2721.21 of the	2530
Revised Code or that judge's successor in office, the judge may	2531
schedule a hearing to determine whether the interests of justice	2532
would be served by suspending the community notification	2533
requirement under this section in relation to the registrant. The	2534
judge may dismiss the motion without a hearing but may not issue	2535
an order suspending the community notification requirement without	2536
a hearing. At the hearing, all parties are entitled to be heard.	2537
If, at the conclusion of the hearing, the judge finds that the	2538
registrant has proven by clear and convincing evidence that the	2539
registrant is unlikely to commit childhood sexual abuse in the	2540
future and that suspending the community notification requirement	2541
is in the interests of justice, the judge may issue an order	2542
suspending the application of this section in relation to the	2543
registrant. The order shall contain both of these findings.	2544

The judge promptly shall serve a copy of the order upon the	2545
sheriff with whom the registrant most recently registered a	2546
residence address and the sheriff with whom the registrant most	2547
recently registered an employment address under section 3797.02 of	2548
the Revised Code.	2549

An order suspending the community notification requirement	2550
does not suspend or otherwise alter a registrant's duties to	2551
comply with sections 3797.02, 3797.03, and 3797.04 of the Revised	2552
Code.	2553

(2) A registrant has the right to appeal an order denying a	2554
motion made under division (G)(1) of this section.	2555

Sec. 3797.07.  (A) The attorney general shall prescribe forms	2556
to be used for registration, notice of intent to reside, and	2557
verification of current address under sections 3797.02, 3797.03,	2558
and 3797.04 of the Revised Code. The forms shall comply with the	2559
following:	2560

(1) The registration form to be used under section 3797.02 of	2561
the Revised Code shall include the registrant's name, the	2562
registrant's current residence and employment addresses, a	2563
photograph of the registrant, the name of the court that rendered	2564
a declaratory judgment against the registrant pursuant to section	2565
2721.21 of the Revised Code and the date the judgment was entered,	2566
and any other information required by the attorney general.	2567

(2) The notice of intent to reside form to be used under	2568
section 3797.03 of the Revised Code shall include the registrant's	2569
name, the registrant's current residence and employment addresses,	2570
a statement that a court has entered a declaratory judgment	2571
against the registrant pursuant to section 2721.21 of the Revised	2572
Code, the address of the place where the registrant intends to	2573
reside, and any other information required by the attorney	2574
general.	2575

(3) The verification form to be used under section 3797.04 of	2576
the Revised Code shall contain the registrant's current residence	2577
or employment address, as applicable, and any other information	2578
required by the attorney general.	2579

(B) Upon completion of a registration, notice of intent to	2580
reside, or verification of current address form by a registrant,	2581
the sheriff shall promptly forward a copy of the form to the	2582
attorney general in accordance with procedures established by the	2583
attorney general. Upon receiving from a registrant a notice of a	2584
change of the registrant's residence address, if the new address	2585
is in another county in this state, the sheriff promptly shall	2586
forward the new address to the sheriff of that county.	2587

Sec. 3797.08.  The attorney general shall do all of the	2588
following:	2589

(A) In consultation with county sheriffs and not later than	2590
July 1, 2006, adopt rules that do all of the following:	2591

(1) Contain guidelines necessary for the implementation of	2592
this chapter;	2593

(2) Prescribe the registration, notice of intent to reside,	2594
and verification of current address forms to be used by	2595
registrants and sheriffs under sections 3797.02, 3797.03, and	2596
3797.04 of the Revised Code;	2597

(3) Establish procedures for the forwarding of forms by the	2598
sheriff to the attorney general;	2599

(4) Designate a geographic area or areas within which the	2600
notice described in division (B) of section 3797.06 of the Revised	2601
Code must be given to the persons identified in divisions (A)(2)	2602
to (8) of that section;	2603

(5) At the attorney general's discretion, establish one or	2604
more categories of neighbors of a registrant who, in addition to	2605
the occupants of residential premises and other persons specified	2606
in division (A) of section 3797.06 of the Revised Code, must be	2607
given the notice described in division (B) of that section.	2608

(B) Make copies of the forms described in division (A)(2) of	2609
this section available to sheriffs and judges;	2610

(C) Not later than January 1, 2007, establish and operate on	2611
the internet a civil registry of persons against whom a court has	2612
entered a declaratory judgment under section 2721.21 of the	2613
Revised Code that contains information for each of those persons	2614
who registers in any county in this state pursuant to section	2615
3797.02 of the Revised Code. The attorney general shall determine	2616
the information to be provided on the registry for each	2617
registrant. The information provided for each registrant shall	2618
include at least the name, current residential and employment	2619
addresses, and photograph of the registrant, the name of the court	2620
that entered a declaratory judgment against the registrant	2621
pursuant to section 2721.21 of the Revised Code, and the date on	2622
which the judgment was entered. The registry shall be a public	2623
record open for inspection under section 149.43 of the Revised	2624
Code, and it shall be searchable by registrant name, by county, by	2625
zip code, and by school district. The registry shall provide a	2626
link to the web site of each sheriff of a county who has	2627
established and operates on the internet a database that contains	2628
information for registrants who register in that county pursuant	2629
to section 3797.02 or 3797.03 of the Revised Code.	2630

(D) Upon the request of any sheriff, provide technical	2631
guidance to the requesting sheriff in establishing on the internet	2632
a database of registrants for the public dissemination of	2633
information that relates to registrants who are registered in the	2634
sheriff's county and that is a public record.	2635

Sec. 3797.09. Any statements, information, or photographs	2636
that are required to be provided, and that are provided, by a	2637
registrant pursuant to section 3797.02, 3797.03, or 3797.04 of the	2638
Revised Code and that are in the possession of a county sheriff	2639
are public records open to public inspection under section 149.43	2640
of the Revised Code.	2641

Sec. 3797.10.  (A) No registrant who is required to register	2642
pursuant to section 3797.02 of the Revised Code, send a sheriff a	2643
written notice of a new residence or employment address or of an	2644
intent to reside in a county pursuant to section 3797.03 of the	2645
Revised Code, or verify a current address pursuant to section	2646
3797.05 of the Revised Code shall fail to register, send the	2647
notice, or verify the address as required by those sections.	2648

(B) It is an affirmative defense to a charge of a violation	2649
of division (A) of this section by failing to send written notice	2650
of a change of residence or employment address or notice of intent	2651
to reside in a county as required by section 3797.03 of the	2652
Revised Code that both of the following apply:	2653

(1) It was impossible for the registrant to provide the	2654
notice to the sheriff because of a lack of knowledge on the date	2655
specified for the provision of the notice of an address change or	2656
of the new address.	2657

(2) The registrant provided notice of the address change or	2658
the new address to the sheriff as soon as possible, but not later	2659
than the end of the first business day, after learning of the	2660
address change or of the new address by providing notice of the	2661
address change or the new address to the sheriff by telephone	2662
immediately upon learning of the address change or new address or,	2663
if the registrant did not have reasonable access to a telephone at	2664
that time, as soon as possible, but not later than the end of the	2665
first business day, after learning of the address change and	2666
having reasonable access to a telephone.	2667

(3) As soon as possible, but not later than the end of the	2668
first business day, after providing notice of the address change	2669
to the sheriff by telephone, the registrant provided written	2670
notice of the address change to the sheriff.	2671

(C) Whoever violates division (A) of this section is guilty	2672
of a felony of the fifth degree.	2673

Sec. 3797.11.  (A) No person against whom a court has entered	2674
a declaratory judgment under section 2721.21 of the Revised Code	2675
and who has not been removed from the civil registry pursuant to	2676
that section shall establish a residence or occupy residential	2677
premises within one thousand feet of any school premises.	2678

(B) If a person to whom division (A) of this section applies	2679
violates division (A) of this section by establishing a residence	2680
or occupying residential premises within one thousand feet of any	2681
school premises, an owner or lessee of real property that is	2682
located within one thousand feet of those school premises, or the	2683
prosecuting attorney, village solicitor, city or township director	2684
of law, similar chief legal officer of a municipal corporation or	2685
township, or official designated as a prosecutor in a municipal	2686
corporation that has jurisdiction over the place at which the	2687
person establishes the residence or occupies the residential	2688
premises in question, has a cause of action for injunctive relief	2689
against the person. The plaintiff shall not be required to prove	2690
irreparable harm in order to obtain the relief.	2691

Sec. 3797.12.  (A) Except as provided in division (B) of this	2692
section, any of the following persons shall be immune from	2693
liability in a civil action to recover damages for injury, death,	2694
or loss to person or property allegedly caused by an act or	2695
omission in connection with a power, duty, responsibility, or	2696
authorization under sections 3797.01 to 3797.11 of the Revised	2697
Code or under rules adopted under authority of those sections:	2698

(1) The attorney general, a deputy, officer, or employee of	2699
the office of the attorney general, a sheriff, or a deputy,	2700
officer, or employee of the office of the sheriff;	2701

(2) A prosecutor and an officer or employee of the office of	2702
a prosecutor;	2703

(3) A person identified in division (A)(2), (3), (4), (5),	2704
(6), or (7) of section 3797.06 of the Revised Code or the agent of	2705
that person;	2706

(4) A person identified in division (A)(2) of section 3797.05	2707
of the Revised Code, regarding the person's provision of	2708
information pursuant to that division to a sheriff.	2709

(B) The immunity described in division (A) of this section	2710
does not apply to a person described in divisions (A)(1) to (4) of	2711
this section if, in relation to the act or omission in question,	2712
any of the following applies:	2713

(1) The act or omission was manifestly outside the scope of	2714
the person's employment or official responsibilities.	2715

(2) The act or omission was with malicious purpose, in bad	2716
faith, or in a wanton or reckless manner.	2717

(3) Liability for the act or omission is expressly imposed by	2718
a section of the Revised Code.	2719

Sec. 4799.01. In a proceeding held under Title XLVII of the	2720
Revised Code to grant, renew, modify, suspend, or revoke a license	2721
or other authorization to engage in an occupation, if the person	2722
who is the subject of the proceeding is listed on the civil	2723
registry established by the attorney general pursuant to section	2724
3797.08 of the Revised Code, the board or other body that makes	2725
the determination shall take into consideration the fact that the	2726
person is listed on the civil registry.	2727

Sec. 5120.173. Any person who is required to report	2728
suspected abuse or neglect of a child under eighteen years of age	2729
that is reasonably suspected or believed to have occurred or the	2730
threat of which is reasonably suspected or believed to exist	2731
pursuant to division (A) of section 2151.421 of the Revised Code,	2732
any person who is permitted to report or cause a report to be made	2733
of reasonably suspected abuse or neglect of a child under eighteen	2734
years of age pursuant to division (B) of that section, any person	2735
who is required to report suspected abuse or neglect of a person	2736
with mental retardation or a developmental disability pursuant to	2737
division (C) of section 5123.61 of the Revised Code, and any	2738
person who is permitted to report suspected abuse or neglect of a	2739
person with mental retardation or a developmental disability	2740
pursuant to division (F) of that section and who makes or causes	2741
the report to be made, shall direct that report to the state	2742
highway patrol if the child or the person with mental retardation	2743
or a developmental disability is an inmate in the custody of a	2744
state correctional institution. If the state highway patrol	2745
determines after receipt of the report that it is probable that	2746
abuse or neglect of the inmate occurred, the patrol shall report	2747
its findings to the department of rehabilitation and correction,	2748
to the court that sentenced the inmate for the offense for which	2749
the inmate is in the custody of the department, and to the	2750
chairmanchairperson and vice-chairmanvice-chairperson of the	2751
correctional institution inspection committee established by	2752
section 103.71 of the Revised Code.	2753

Section 2. That existing sections 2151.03, 2151.281,	2754
2151.421, 2151.99, 2305.10, 2305.111, 2305.115, 2317.02, 2901.13,	2755
2907.03, 2950.031, 2950.11, and 5120.173 of the Revised Code are	2756
hereby repealed.	2757

Section 3. (A) As used in this section, "childhood sexual	2758
abuse" has the same meaning as in section 2305.111 of the Revised	2759
Code, as amended by this act. The court need not find that any	2760
person has been convicted of or pleaded guilty to an offense under	2761
Chapter 2907. of the Revised Code that is specified in that	2762
definition in order for the conduct that is the violation	2763
constituting that offense to be childhood sexual abuse for	2764
purposes of this section.	2765

(B) The amendments to section 2305.111 of the Revised Code	2766
made in this act shall apply to all civil actions for assault or	2767
battery brought by a victim of childhood sexual abuse based on	2768
childhood sexual abuse that occurs on or after the effective date	2769
of this act, to all civil actions brought by a victim of childhood	2770
sexual abuse for a claim resulting from childhood sexual abuse	2771
that occurs on or after the effective date of this act, to all	2772
civil actions for assault or battery brought by a victim of	2773
childhood sexual abuse based on childhood sexual abuse that	2774
occurred prior to the effective date of this act in relation to	2775
which a civil action for assault or battery has never been filed	2776
and for which the period of limitations applicable to such a civil	2777
action prior to the effective date of this act has not expired on	2778
the effective date of this act, and to all civil actions brought	2779
by a victim of childhood sexual abuse for a claim resulting from	2780
childhood sexual abuse that occurred prior to the effective date	2781
of this act in relation to which a civil action for that claim has	2782
never been filed and for which the period of limitations	2783
applicable to such a civil action prior to the effective date of	2784
this act has not expired on the effective date of this act.	2785

Section 4. The enactment of division (C) of section 2305.111	2786
of the Revised Code by this act is not intended to prohibit or	2787
affect a court's determination in an action involving childhood	2788
sexual abuse that occurs prior to the effective date of this act	2789
regarding the proper scope and application of the equitable	2790
doctrine of fraudulent concealment.	2791

Section 5. If any provision of a section of the Revised Code	2792
as amended or enacted by this act or the application of the	2793
provision to any person or circumstance is held invalid, the	2794
invalidity does not affect other provisions or applications of the	2795
section or related sections that can be given effect without the	2796
invalid provision or application, and to this end the provisions	2797
are severable.	2798

Section 6. Section 2151.421 of the Revised Code is presented	2799
in this act as a composite of the section as amended by both Sub.	2800
S.B. 66 and Sub. S.B. 185 of the 125th General Assembly. The	2801
General Assembly, applying the principle stated in division (B) of	2802
section 1.52 of the Revised Code that amendments are to be	2803
harmonized if reasonably capable of simultaneous operation, finds	2804
that the composites are the resulting versions of the sections in	2805
effect prior to the effective date of the sections as presented in	2806
this act.	2807