As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 57

Representative Combs 

Cosponsors: Representatives McGregor, J., Fessler, Setzer, Jones, Adams, Stewart, D., Collier, Heard, Bacon, Batchelder, Boyd, Chandler, Coley, Dolan, Domenick, Dyer, Evans, Flowers, Goyal, Hagan, J., Harwood, Hite, Hughes, Luckie, Lundy, Newcomb, Oelslager, Patton, Raussen, Slesnick, Williams, B., Williams, S. 

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A BILL

To amend sections 2950.01, 2950.11, 2950.12, and

1

2950.13 and to enact section 2950.112 of the

2

Revised Code to provide notice to a long-term

3

care facility when a registered sex offender

4

indicates an intent to reside or registers an

5

address within the facility's specified

6

geographical notification area.

7

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

Section 1. That sections 2950.01, 2950.11, 2950.12, and	8
2950.13 be amended and section 2950.112 of the Revised Code be	9
enacted to read as follows:	10

Sec. 2950.01. As used in this chapter, unless the context	11
clearly requires otherwise:	12

(A) "Sexually oriented offense" means any of the following	13
violations or offenses committed by a person, regardless of the	14
person's age:	15

(1) A violation of section 2907.02, 2907.03, 2907.05,	16
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,	17
or 2907.323 of the Revised Code;	18

(2) A violation of section 2907.04 of the Revised Code when	19
the offender is less than four years older than the other person	20
with whom the offender engaged in sexual conduct, the other person	21
did not consent to the sexual conduct, and the offender previously	22
has not been convicted of or pleaded guilty to a violation of	23
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	24
violation of former section 2907.12 of the Revised Code;	25

(3) A violation of section 2907.04 of the Revised Code when	26
the offender is at least four years older than the other person	27
with whom the offender engaged in sexual conduct or when the	28
offender is less than four years older than the other person with	29
whom the offender engaged in sexual conduct and the offender	30
previously has been convicted of or pleaded guilty to a violation	31
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	32
violation of former section 2907.12 of the Revised Code;	33

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	34
the Revised Code when the violation was committed with a sexual	35
motivation;	36

(5) A violation of division (A) of section 2903.04 of the	37
Revised Code when the offender committed or attempted to commit	38
the felony that is the basis of the violation with a sexual	39
motivation;	40

(6) A violation of division (A)(3) of section 2903.211 of the	41
Revised Code;	42

(7) A violation of division (A)(1), (2), (3), or (5) of	43
section 2905.01 of the Revised Code when the offense is committed	44
with a sexual motivation;	45

(8) A violation of division (A)(4) of section 2905.01 of the	46
Revised Code;	47

(9) A violation of division (B) of section 2905.01 of the	48
Revised Code when the victim of the offense is under eighteen	49
years of age and the offender is not a parent of the victim of the	50
offense;	51

(10) A violation of division (B) of section 2905.02, of	52
division (B) of section 2905.03, of division (B) of section	53
2905.05, or of division (B)(5) of section 2919.22 of the Revised	54
Code;	55

(11) A violation of any former law of this state, any	56
existing or former municipal ordinance or law of another state or	57
the United States, any existing or former law applicable in a	58
military court or in an Indian tribal court, or any existing or	59
former law of any nation other than the United States that is or	60
was substantially equivalent to any offense listed in division	61
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this	62
section;	63

(12) Any attempt to commit, conspiracy to commit, or	64
complicity in committing any offense listed in division (A)(1),	65
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this	66
section.	67

(B)(1) "Sex offender" means, subject to division (B)(2) of	68
this section, a person who is convicted of, pleads guilty to, has	69
been convicted of, has pleaded guilty to, is adjudicated a	70
delinquent child for committing, or has been adjudicated a	71
delinquent child for committing any sexually oriented offense.	72

(2) "Sex offender" does not include a person who is convicted	73
of, pleads guilty to, has been convicted of, has pleaded guilty	74
to, is adjudicated a delinquent child for committing, or has been	75
adjudicated a delinquent child for committing a sexually oriented	76
offense if the offense involves consensual sexual conduct or	77
consensual sexual contact and either of the following applies:	78

(a) The victim of the sexually oriented offense was eighteen	79
years of age or older and at the time of the sexually oriented	80
offense was not under the custodial authority of the person who is	81
convicted of, pleads guilty to, has been convicted of, has pleaded	82
guilty to, is adjudicated a delinquent child for committing, or	83
has been adjudicated a delinquent child for committing the	84
sexually oriented offense.	85

(b) The victim of the offense was thirteen years of age or	86
older, and the person who is convicted of, pleads guilty to, has	87
been convicted of, has pleaded guilty to, is adjudicated a	88
delinquent child for committing, or has been adjudicated a	89
delinquent child for committing the sexually oriented offense is	90
not more than four years older than the victim.	91

(C) "Child-victim oriented offense" means any of the	92
following violations or offenses committed by a person, regardless	93
of the person's age, when the victim is under eighteen years of	94
age and is not a child of the person who commits the violation:	95

(1) A violation of division (A)(1), (2), (3), or (5) of	96
section 2905.01 of the Revised Code when the violation is not	97
included in division (A)(7) of this section;	98

(2) A violation of division (A) of section 2905.02, division	99
(A) of section 2905.03, or division (A) of section 2905.05 of the	100
Revised Code;	101

(3) A violation of any former law of this state, any existing	102
or former municipal ordinance or law of another state or the	103
United States, any existing or former law applicable in a military	104
court or in an Indian tribal court, or any existing or former law	105
of any nation other than the United States that is or was	106
substantially equivalent to any offense listed in division (C)(1)	107
or (2) of this section;	108

(4) Any attempt to commit, conspiracy to commit, or	109
complicity in committing any offense listed in division (C)(1),	110
(2), or (3) of this section.	111

(D) "Child-victim offender" means a person who is convicted	112
of, pleads guilty to, has been convicted of, has pleaded guilty	113
to, is adjudicated a delinquent child for committing, or has been	114
adjudicated a delinquent child for committing any child-victim	115
oriented offense.	116

(E) "Tier I sex offender/child-victim offender" means any of	117
the following:	118

(1) A sex offender who is convicted of, pleads guilty to, has	119
been convicted of, or has pleaded guilty to any of the following	120
sexually oriented offenses:	121

(a) A violation of section 2907.06, 2907.07, 2907.08, or	122
2907.32 of the Revised Code;	123

(b) A violation of section 2907.04 of the Revised Code when	124
the offender is less than four years older than the other person	125
with whom the offender engaged in sexual conduct, the other person	126
did not consent to the sexual conduct, and the offender previously	127
has not been convicted of or pleaded guilty to a violation of	128
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	129
violation of former section 2907.12 of the Revised Code;	130

(c) A violation of division (A)(1), (2), (3), or (5) of	131
section 2907.05 of the Revised Code;	132

(d) A violation of division (A)(3) of section 2907.323 of the	133
Revised Code;	134

(e) A violation of division (A)(3) of section 2903.211, of	135
division (B) of section 2905.03, or of division (B) of section	136
2905.05 of the Revised Code;	137

(f) A violation of any former law of this state, any existing	138
or former municipal ordinance or law of another state or the	139
United States, any existing or former law applicable in a military	140
court or in an Indian tribal court, or any existing or former law	141
of any nation other than the United States, that is or was	142
substantially equivalent to any offense listed in division	143
(E)(1)(a), (b), (c), (d), or (e) of this section;	144

(g) Any attempt to commit, conspiracy to commit, or	145
complicity in committing any offense listed in division (E)(1)(a),	146
(b), (c), (d), (e), or (f) of this section.	147

(2) A child-victim offender who is convicted of, pleads	148
guilty to, has been convicted of, or has pleaded guilty to a	149
child-victim oriented offense and who is not within either	150
category of child-victim offender described in division (F)(2) or	151
(G)(2) of this section.	152

(3) A sex offender who is adjudicated a delinquent child for	153
committing or has been adjudicated a delinquent child for	154
committing any sexually oriented offense and who a juvenile court,	155
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	156
Revised Code, classifies a tier I sex offender/child-victim	157
offender relative to the offense.	158

(4) A child-victim offender who is adjudicated a delinquent	159
child for committing or has been adjudicated a delinquent child	160
for committing any child-victim oriented offense and who a	161
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	162
2152.85 of the Revised Code, classifies a tier I sex	163
offender/child-victim offender relative to the offense.	164

(F) "Tier II sex offender/child-victim offender" means any of	165
the following:	166

(1) A sex offender who is convicted of, pleads guilty to, has	167
been convicted of, or has pleaded guilty to any of the following	168
sexually oriented offenses:	169

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	170
the Revised Code;	171

(b) A violation of section 2907.04 of the Revised Code when	172
the offender is at least four years older than the other person	173
with whom the offender engaged in sexual conduct, or when the	174
offender is less than four years older than the other person with	175
whom the offender engaged in sexual conduct and the offender	176
previously has been convicted of or pleaded guilty to a violation	177
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	178
former section 2907.12 of the Revised Code;	179

(c) A violation of division (A)(4) of section 2907.05 or of	180
division (A)(1) or (2) of section 2907.323 of the Revised Code;	181

(d) A violation of division (A)(1), (2), (3), or (5) of	182
section 2905.01 of the Revised Code when the offense is committed	183
with a sexual motivation;	184

(e) A violation of division (A)(4) of section 2905.01 of the	185
Revised Code when the victim of the offense is eighteen years of	186
age or older;	187

(f) A violation of division (B) of section 2905.02 or of	188
division (B)(5) of section 2919.22 of the Revised Code;	189

(g) A violation of any former law of this state, any existing	190
or former municipal ordinance or law of another state or the	191
United States, any existing or former law applicable in a military	192
court or in an Indian tribal court, or any existing or former law	193
of any nation other than the United States that is or was	194
substantially equivalent to any offense listed in division	195
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;	196

(h) Any attempt to commit, conspiracy to commit, or	197
complicity in committing any offense listed in division (F)(1)(a),	198
(b), (c), (d), (e), (f), or (g) of this section;	199

(i) Any sexually oriented offense that is committed after the	200
sex offender previously has been convicted of, pleaded guilty to,	201
or has been adjudicated a delinquent child for committing any	202
sexually oriented offense or child-victim oriented offense for	203
which the offender was classified a tier I sex	204
offender/child-victim offender.	205

(2) A child-victim offender who is convicted of, pleads	206
guilty to, has been convicted of, or has pleaded guilty to any	207
child-victim oriented offense when the child-victim oriented	208
offense is committed after the child-victim offender previously	209
has been convicted of, pleaded guilty to, or been adjudicated a	210
delinquent child for committing any sexually oriented offense or	211
child-victim oriented offense for which the offender was	212
classified a tier I sex offender/child-victim offender.	213

(3) A sex offender who is adjudicated a delinquent child for	214
committing or has been adjudicated a delinquent child for	215
committing any sexually oriented offense and who a juvenile court,	216
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	217
Revised Code, classifies a tier II sex offender/child-victim	218
offender relative to the offense.	219

(4) A child-victim offender who is adjudicated a delinquent	220
child for committing or has been adjudicated a delinquent child	221
for committing any child-victim oriented offense and whom a	222
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	223
2152.85 of the Revised Code, classifies a tier II sex	224
offender/child-victim offender relative to the current offense.	225

(5) A sex offender or child-victim offender who is not in any	226
category of tier II sex offender/child-victim offender set forth	227
in division (F)(1), (2), (3), or (4) of this section, who prior to	228
January 1, 2008, was adjudicated a delinquent child for committing	229
a sexually oriented offense or child-victim oriented offense, and	230
who prior to that date was determined to be a habitual sex	231
offender or determined to be a habitual child-victim offender,	232
unless either of the following applies:	233

(a) The sex offender or child-victim offender is reclassified	234
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	235
tier I sex offender/child-victim offender or a tier III sex	236
offender/child-victim offender relative to the offense.	237

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	238
2152.84, or 2152.85 of the Revised Code, classifies the child a	239
tier I sex offender/child-victim offender or a tier III sex	240
offender/child-victim offender relative to the offense.	241

(G) "Tier III sex offender/child-victim offender" means any	242
of the following:	243

(1) A sex offender who is convicted of, pleads guilty to, has	244
been convicted of, or has pleaded guilty to any of the following	245
sexually oriented offenses:	246

(a) A violation of section 2907.02 or 2907.03 of the Revised	247
Code;	248

(b) A violation of division (B) of section 2907.05 of the	249
Revised Code;	250

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	251
the Revised Code when the violation was committed with a sexual	252
motivation;	253

(d) A violation of division (A) of section 2903.04 of the	254
Revised Code when the offender committed or attempted to commit	255
the felony that is the basis of the violation with a sexual	256
motivation;	257

(e) A violation of division (A)(4) of section 2905.01 of the	258
Revised Code when the victim of the offense is under eighteen	259
years of age;	260

(f) A violation of division (B) of section 2905.01 of the	261
Revised Code when the victim of the offense is under eighteen	262
years of age and the offender is not a parent of the victim of the	263
offense;	264

(g) A violation of any former law of this state, any existing	265
or former municipal ordinance or law of another state or the	266
United States, any existing or former law applicable in a military	267
court or in an Indian tribal court, or any existing or former law	268
of any nation other than the United States that is or was	269
substantially equivalent to any offense listed in division	270
(G)(1)(a), (b), (c), (d), (e), or (f) of this section;	271

(h) Any attempt to commit, conspiracy to commit, or	272
complicity in committing any offense listed in division (G)(1)(a),	273
(b), (c), (d), (e), (f), or (g) of this section;	274

(i) Any sexually oriented offense that is committed after the	275
sex offender previously has been convicted of, pleaded guilty to,	276
or been adjudicated a delinquent child for committing any sexually	277
oriented offense or child-victim oriented offense for which the	278
offender was classified a tier II sex offender/child-victim	279
offender or a tier III sex offender/child-victim offender.	280

(2) A child-victim offender who is convicted of, pleads	281
guilty to, has been convicted of, or has pleaded guilty to any	282
child-victim oriented offense when the child-victim oriented	283
offense is committed after the child-victim offender previously	284
has been convicted of, pleaded guilty to, or been adjudicated a	285
delinquent child for committing any sexually oriented offense or	286
child-victim oriented offense for which the offender was	287
classified a tier II sex offender/child-victim offender or a tier	288
III sex offender/child-victim offender.	289

(3) A sex offender who is adjudicated a delinquent child for	290
committing or has been adjudicated a delinquent child for	291
committing any sexually oriented offense and who a juvenile court,	292
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	293
Revised Code, classifies a tier III sex offender/child-victim	294
offender relative to the offense.	295

(4) A child-victim offender who is adjudicated a delinquent	296
child for committing or has been adjudicated a delinquent child	297
for committing any child-victim oriented offense and whom a	298
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	299
2152.85 of the Revised Code, classifies a tier III sex	300
offender/child-victim offender relative to the current offense.	301

(5) A sex offender or child-victim offender who is not in	302
any category of tier III sex offender/child-victim offender set	303
forth in division (G)(1), (2), (3), or (4) of this section, who	304
prior to January 1, 2008, was convicted of or pleaded guilty to a	305
sexually oriented offense or child-victim oriented offense or was	306
adjudicated a delinquent child for committing a sexually oriented	307
offense or child-victim oriented offense and classified a juvenile	308
offender registrant, and who prior to that date was adjudicated a	309
sexual predator or adjudicated a child-victim predator, unless	310
either of the following applies:	311

(a) The sex offender or child-victim offender is reclassified	312
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	313
tier I sex offender/child-victim offender or a tier II sex	314
offender/child-victim offender relative to the offense.	315

(b) The sex offender or child-victim offender is a delinquent	316
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	317
2152.84, or 2152.85 of the Revised Code, classifies the child a	318
tier I sex offender/child-victim offender or a tier II sex	319
offender/child-victim offender relative to the offense.	320

(6) A sex offender who is convicted of, pleads guilty to, was	321
convicted of, or pleaded guilty to a sexually oriented offense, if	322
the sexually oriented offense and the circumstances in which it	323
was committed are such that division (F) of section 2971.03 of the	324
Revised Code automatically classifies the offender as a tier III	325
sex offender/child-victim offender;	326

(7) A sex offender or child-victim offender who is convicted	327
of, pleads guilty to, was convicted of, pleaded guilty to, is	328
adjudicated a delinquent child for committing, or was adjudicated	329
a delinquent child for committing a sexually oriented offense or	330
child-victim offense in another state, in a federal court,	331
military court, or Indian tribal court, or in a court in any	332
nation other than the United States if both of the following	333
apply:	334

(a) Under the law of the jurisdiction in which the offender	335
was convicted or pleaded guilty or the delinquent child was	336
adjudicated, the offender or delinquent child is in a category	337
substantially equivalent to a category of tier III sex	338
offender/child-victim offender described in division (G)(1), (2),	339
(3), (4), (5), or (6) of this section.	340

(b) Subsequent to the conviction, plea of guilty, or	341
adjudication in the other jurisdiction, the offender or delinquent	342
child resides, has temporary domicile, attends school or an	343
institution of higher education, is employed, or intends to reside	344
in this state in any manner and for any period of time that	345
subjects the offender or delinquent child to a duty to register or	346
provide notice of intent to reside under section 2950.04 or	347
2950.041 of the Revised Code.	348

(H) "Confinement" includes, but is not limited to, a	349
community residential sanction imposed pursuant to section 2929.16	350
or 2929.26 of the Revised Code.	351

(I) "Prosecutor" has the same meaning as in section 2935.01	352
of the Revised Code.	353

(J) "Supervised release" means a release of an offender from	354
a prison term, a term of imprisonment, or another type of	355
confinement that satisfies either of the following conditions:	356

(1) The release is on parole, a conditional pardon, under a	357
community control sanction, under transitional control, or under a	358
post-release control sanction, and it requires the person to	359
report to or be supervised by a parole officer, probation officer,	360
field officer, or another type of supervising officer.	361

(2) The release is any type of release that is not described	362
in division (J)(1) of this section and that requires the person	363
to report to or be supervised by a probation officer, a parole	364
officer, a field officer, or another type of supervising officer.	365

(K) "Sexually violent predator specification," "sexually	366
violent predator," "sexually violent offense," "sexual motivation	367
specification," "designated homicide, assault, or kidnapping	368
offense," and "violent sex offense" have the same meanings as in	369
section 2971.01 of the Revised Code.	370

(L) "Post-release control sanction" and "transitional	371
control" have the same meanings as in section 2967.01 of the	372
Revised Code.	373

(M) "Juvenile offender registrant" means a person who is	374
adjudicated a delinquent child for committing on or after January	375
1, 2002, a sexually oriented offense or a child-victim oriented	376
offense, who is fourteen years of age or older at the time of	377
committing the offense, and who a juvenile court judge, pursuant	378
to an order issued under section 2152.82, 2152.83, 2152.84,	379
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	380
offender registrant and specifies has a duty to comply with	381
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	382
Code. "Juvenile offender registrant" includes a person who prior	383
to January 1, 2008, was a "juvenile offender registrant" under	384
the definition of the term in existence prior to January 1, 2008,	385
and a person who prior to July 31, 2003, was a "juvenile sex	386
offender registrant" under the former definition of that former	387
term.	388

(N) "Public registry-qualified juvenile offender registrant"	389
means a person who is adjudicated a delinquent child and on whom	390
a juvenile court has imposed a serious youthful offender	391
dispositional sentence under section 2152.13 of the Revised Code	392
before, on, or after January 1, 2008, and to whom all of the	393
following apply:	394

(1) The person is adjudicated a delinquent child for	395
committing, attempting to commit, conspiring to commit, or	396
complicity in committing one of the following acts:	397

(a) A violation of section 2907.02 of the Revised Code,	398
division (B) of section 2907.05 of the Revised Code, or section	399
2907.03 of the Revised Code if the victim of the violation was	400
less than twelve years of age;	401

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	402
the Revised Code that was committed with a purpose to gratify the	403
sexual needs or desires of the child.	404

(2) The person was fourteen, fifteen, sixteen, or seventeen	405
years of age at the time of committing the act.	406

(3) A juvenile court judge, pursuant to an order issued under	407
section 2152.86 of the Revised Code, classifies the person a	408
juvenile offender registrant, specifies the person has a duty to	409
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	410
Code, and classifies the person a public registry-qualified	411
juvenile offender registrant, and the classification of the person	412
as a public registry-qualified juvenile offender registrant has	413
not been terminated pursuant to division (D) of section 2152.86 of	414
the Revised Code.	415

(O) "Secure facility" means any facility that is designed and	416
operated to ensure that all of its entrances and exits are locked	417
and under the exclusive control of its staff and to ensure that,	418
because of that exclusive control, no person who is	419
institutionalized or confined in the facility may leave the	420
facility without permission or supervision.	421

(P) "Out-of-state juvenile offender registrant" means a	422
person who is adjudicated a delinquent child in a court in another	423
state, in a federal court, military court, or Indian tribal court,	424
or in a court in any nation other than the United States for	425
committing a sexually oriented offense or a child-victim oriented	426
offense, who on or after January 1, 2002, moves to and resides in	427
this state or temporarily is domiciled in this state for more than	428
five days, and who has a duty under section 2950.04 or 2950.041	429
of the Revised Code to register in this state and the duty to	430
otherwise comply with that applicable section and sections	431
2950.05 and 2950.06 of the Revised Code. "Out-of-state juvenile	432
offender registrant" includes a person who prior to January 1,	433
2008, was an "out-of-state juvenile offender registrant" under	434
the definition of the term in existence prior to January 1, 2008,	435
and a person who prior to July 31, 2003, was an "out-of-state	436
juvenile sex offender registrant" under the former definition of	437
that former term.	438

(Q) "Juvenile court judge" includes a magistrate to whom the	439
juvenile court judge confers duties pursuant to division (A)(15)	440
of section 2151.23 of the Revised Code.	441

(R) "Adjudicated a delinquent child for committing a	442
sexually oriented offense" includes a child who receives a serious	443
youthful offender dispositional sentence under section 2152.13 of	444
the Revised Code for committing a sexually oriented offense.	445

(S) "School" and "school premises" have the same meanings as	446
in section 2925.01 of the Revised Code.	447

(T) "Residential premises" means the building in which a	448
residential unit is located and the grounds upon which that	449
building stands, extending to the perimeter of the property.	450
"Residential premises" includes any type of structure in which a	451
residential unit is located, including, but not limited to,	452
multi-unit buildings and mobile and manufactured homes.	453

(U) "Residential unit" means a dwelling unit for residential	454
use and occupancy, and includes the structure or part of a	455
structure that is used as a home, residence, or sleeping place by	456
one person who maintains a household or two or more persons who	457
maintain a common household. "Residential unit" does not include	458
a halfway house or a community-based correctional facility.	459

(V) "Multi-unit building" means a building in which is	460
located more than twelve residential units that have entry doors	461
that open directly into the unit from a hallway that is shared	462
with one or more other units. A residential unit is not considered	463
located in a multi-unit building if the unit does not have an	464
entry door that opens directly into the unit from a hallway that	465
is shared with one or more other units or if the unit is in a	466
building that is not a multi-unit building as described in this	467
division.	468

(W) "Community control sanction" has the same meaning as in	469
section 2929.01 of the Revised Code.	470

(X) "Halfway house" and "community-based correctional	471
facility" have the same meanings as in section 2929.01 of the	472
Revised Code.	473

(Y) "Long-term care facility" and "sponsor" have the same	474
meanings as in section 173.14 of the Revised Code.	475

Sec. 2950.11.  (A) Regardless of when the sexually oriented	476
offense or child-victim oriented offense was committed, if a	477
person is convicted of, pleads guilty to, has been convicted of,	478
or has pleaded guilty to a sexually oriented offense or a	479
child-victim oriented offense or a person is or has been	480
adjudicated a delinquent child for committing a sexually oriented	481
offense or a child-victim oriented offense and is classified a	482
juvenile offender registrant or is an out-of-state juvenile	483
offender registrant based on that adjudication, and if the	484
offender or delinquent child is in any category specified in	485
division (F)(1)(a), (b), or (c) of this section, the sheriff with	486
whom the offender or delinquent child has most recently registered	487
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	488
and the sheriff to whom the offender or delinquent child most	489
recently sent a notice of intent to reside under section 2950.04	490
or 2950.041 of the Revised Code, within the period of time	491
specified in division (C) of this section, shall provide a written	492
notice containing the information set forth in division (B) of	493
this section to all of the persons described in divisions (A)(1)	494
to (10)(11) of this section. If the sheriff has sent a notice to	495
the persons described in those divisions as a result of	496
receiving a notice of intent to reside and if the offender or	497
delinquent child registers a residence address that is the same	498
residence address described in the notice of intent to reside,	499
the sheriff is not required to send an additional notice when	500
the offender or delinquent child registers. The sheriff shall	501
provide the notice to all of the following persons:	502

(1)(a) Any occupant of each residential unit that is located	503
within one thousand feet of the offender's or delinquent child's	504
residential premises, that is located within the county served by	505
the sheriff, and that is not located in a multi-unit building.	506
Division (D)(3) of this section applies regarding notices required	507
under this division.	508

(b) If the offender or delinquent child resides in a	509
multi-unit building, any occupant of each residential unit that is	510
located in that multi-unit building and that shares a common	511
hallway with the offender or delinquent child. For purposes of	512
this division, an occupant's unit shares a common hallway with the	513
offender or delinquent child if the entrance door into the	514
occupant's unit is located on the same floor and opens into the	515
same hallway as the entrance door to the unit the offender or	516
delinquent child occupies. Division (D)(3) of this section applies	517
regarding notices required under this division.	518

(c) The building manager, or the person the building owner or	519
condominium unit owners association authorizes to exercise	520
management and control, of each multi-unit building that is	521
located within one thousand feet of the offender's or delinquent	522
child's residential premises, including a multi-unit building in	523
which the offender or delinquent child resides, and that is	524
located within the county served by the sheriff. In addition to	525
notifying the building manager or the person authorized to	526
exercise management and control in the multi-unit building under	527
this division, the sheriff shall post a copy of the notice	528
prominently in each common entryway in the building and any other	529
location in the building the sheriff determines appropriate. The	530
manager or person exercising management and control of the	531
building shall permit the sheriff to post copies of the notice	532
under this division as the sheriff determines appropriate. In lieu	533
of posting copies of the notice as described in this division, a	534
sheriff may provide notice to all occupants of the multi-unit	535
building by mail or personal contact; if the sheriff so notifies	536
all the occupants, the sheriff is not required to post copies of	537
the notice in the common entryways to the building. Division	538
(D)(3) of this section applies regarding notices required under	539
this division.	540

(d) All additional persons who are within any category of	541
neighbors of the offender or delinquent child that the attorney	542
general by rule adopted under section 2950.13 of the Revised Code	543
requires to be provided the notice and who reside within the	544
county served by the sheriff;	545

(2) The executive director of the public children services	546
agency that has jurisdiction within the specified geographical	547
notification area and that is located within the county served by	548
the sheriff;	549

(3)(a) The superintendent of each board of education of a	550
school district that has schools within the specified geographical	551
notification area and that is located within the county served by	552
the sheriff;	553

(b) The principal of the school within the specified	554
geographical notification area and within the county served by the	555
sheriff that the delinquent child attends;	556

(c) If the delinquent child attends a school outside of the	557
specified geographical notification area or outside of the school	558
district where the delinquent child resides, the superintendent of	559
the board of education of a school district that governs the	560
school that the delinquent child attends and the principal of the	561
school that the delinquent child attends.	562

(4)(a) The appointing or hiring officer of each chartered	563
nonpublic school located within the specified geographical	564
notification area and within the county served by the sheriff or	565
of each other school located within the specified geographical	566
notification area and within the county served by the sheriff and	567
that is not operated by a board of education described in division	568
(A)(3) of this section;	569

(b) Regardless of the location of the school, the appointing	570
or hiring officer of a chartered nonpublic school that the	571
delinquent child attends.	572

(5) The director, head teacher, elementary principal, or site	573
administrator of each preschool program governed by Chapter 3301.	574
of the Revised Code that is located within the specified	575
geographical notification area and within the county served by the	576
sheriff;	577

(6) The administrator of each child day-care center or type A	578
family day-care home that is located within the specified	579
geographical notification area and within the county served by the	580
sheriff, and the provider of each certified type B family day-care	581
home that is located within the specified geographical	582
notification area and within the county served by the sheriff. As	583
used in this division, "child day-care center," "type A family	584
day-care home," and "certified type B family day-care home" have	585
the same meanings as in section 5104.01 of the Revised Code.	586

(7) The president or other chief administrative officer of	587
each institution of higher education, as defined in section	588
2907.03 of the Revised Code, that is located within the specified	589
geographical notification area and within the county served by the	590
sheriff, and the chief law enforcement officer of the state	591
university law enforcement agency or campus police department	592
established under section 3345.04 or 1713.50 of the Revised Code,	593
if any, that serves that institution;	594

(8) The sheriff of each county that includes any portion of	595
the specified geographical notification area;	596

(9) If the offender or delinquent child resides within the	597
county served by the sheriff, the chief of police, marshal, or	598
other chief law enforcement officer of the municipal corporation	599
in which the offender or delinquent child resides or, if the	600
offender or delinquent child resides in an unincorporated area,	601
the constable or chief of the police department or police district	602
police force of the township in which the offender or delinquent	603
child resides;	604

(10) Volunteer organizations in which contact with minors or	605
other vulnerable individuals might occur or any organization,	606
company, or individual who requests notification as provided in	607
division (J) of this section;	608

(11) The manager of a long-term care facility where the	609
offender or delinquent child will reside or that is located within	610
the specified geographical notification area and within the county	611
served by the sheriff.	612

(B) The notice required under division (A) of this section	613
shall include all of the following information regarding the	614
subject offender or delinquent child:	615

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

616

(2) The address or addresses of the offender's or public	617
registry-qualified juvenile offender registrant's residence,	618
school, institution of higher education, or place of employment,	619
as applicable, or the residence address or addresses of a	620
delinquent child who is not a public registry-qualified juvenile	621
offender registrant;	622

(3) The sexually oriented offense or child-victim oriented	623
offense of which the offender was convicted, to which the offender	624
pleaded guilty, or for which the child was adjudicated a	625
delinquent child;	626

(4) A statement that identifies the category specified in	627
division (F)(1)(a), (b), or (c) of this section that includes the	628
offender or delinquent child and that subjects the offender or	629
delinquent child to this section;	630

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

631

(C) If a sheriff with whom an offender or delinquent child	632
registers under section 2950.04, 2950.041, or 2950.05 of the	633
Revised Code or to whom the offender or delinquent child most	634
recently sent a notice of intent to reside under section 2950.04	635
or 2950.041 of the Revised Code is required by division (A) of	636
this section to provide notices regarding an offender or	637
delinquent child and if, pursuant to that requirement, the sheriff	638
provides a notice to a sheriff of one or more other counties in	639
accordance with division (A)(8) of this section, the sheriff of	640
each of the other counties who is provided notice under division	641
(A)(8) of this section shall provide the notices described in	642
divisions (A)(1) to (7) and (A)(9) and (10)to (11) of this	643
section to each person or entity identified within those	644
divisions that is located within the specified geographical	645
notification area and within the county served by the sheriff in	646
question.	647

(D)(1) A sheriff required by division (A) or (C) of this	648
section to provide notices regarding an offender or delinquent	649
child shall provide the notice to the neighbors that are described	650
in division (A)(1) of this section and the notices to law	651
enforcement personnel that are described in divisions (A)(8) and	652
(9) of this section as soon as practicable, but no later than five	653
days after the offender sends the notice of intent to reside to	654
the sheriff and again no later than five days after the offender	655
or delinquent child registers with the sheriff or, if the sheriff	656
is required by division (C) of this section to provide the	657
notices, no later than five days after the sheriff is provided the	658
notice described in division (A)(8) of this section.	659

A sheriff required by division (A) or (C) of this section to	660
provide notices regarding an offender or delinquent child shall	661
provide the notices to all other specified persons that are	662
described in divisions (A)(2) to (7) and, (A)(10), and (A)(11) of	663
this section as soon as practicable, but not later than seven	664
days after the offender or delinquent child registers with the	665
sheriff or, if the sheriff is required by division (C) of this	666
section to provide the notices, no later than five days after the	667
sheriff is provided the notice described in division (A)(8) of	668
this section.	669

(2) If an offender or delinquent child in relation to whom	670
division (A) of this section applies verifies the offender's or	671
delinquent child's current residence, school, institution of	672
higher education, or place of employment address, as applicable,	673
with a sheriff pursuant to section 2950.06 of the Revised Code,	674
the sheriff may provide a written notice containing the	675
information set forth in division (B) of this section to the	676
persons identified in divisions (A)(1) to (10)(11) of this	677
section. If a sheriff provides a notice pursuant to this division	678
to the sheriff of one or more other counties in accordance with	679
division (A)(8) of this section, the sheriff of each of the other	680
counties who is provided the notice under division (A)(8) of this	681
section may provide, but is not required to provide, a written	682
notice containing the information set forth in division (B) of	683
this section to the persons identified in divisions (A)(1) to (7)	684
and (A)(9) and (10)to (11) of this section.	685

(3) A sheriff may provide notice under division (A)(1)(a) or	686
(b) of this section, and may provide notice under division	687
(A)(1)(c) of this section to a building manager or person	688
authorized to exercise management and control of a building, by	689
mail, by personal contact, or by leaving the notice at or under	690
the entry door to a residential unit. For purposes of divisions	691
(A)(1)(a) and (b) of this section, and the portion of division	692
(A)(1)(c) of this section relating to the provision of notice to	693
occupants of a multi-unit building by mail or personal contact,	694
the provision of one written notice per unit is deemed as	695
providing notice to all occupants of that unit.	696

(E) All information that a sheriff possesses regarding an	697
offender or delinquent child who is in a category specified in	698
division (F)(1)(a), (b), or (c) of this section that is described	699
in division (B) of this section and that must be provided in a	700
notice required under division (A) or (C) of this section or that	701
may be provided in a notice authorized under division (D)(2) of	702
this section is a public record that is open to inspection under	703
section 149.43 of the Revised Code.	704

The sheriff shall not cause to be publicly disseminated by	705
means of the internet any of the information described in this	706
division that is provided by a delinquent child unless that child	707
is in a category specified in division (F)(1)(a), (b), or (c) of	708
this section.	709

(F)(1) Except as provided in division (F)(2) of this	710
section, the duties to provide the notices described in divisions	711
(A) and (C) of this section apply regarding any offender or	712
delinquent child who is in any of the following categories:	713

(a) The offender is a tier III sex offender/child-victim	714
offender, or the delinquent child is a public registry-qualified	715
juvenile offender registrant, and a juvenile court has not	716
removed pursuant to section 2950.15 of the Revised Code the	717
delinquent child's duty to comply with sections 2950.04,	718
2950.041, 2950.05, and 2950.06 of the Revised Code.	719

(b) The delinquent child is a tier III sex	720
offender/child-victim offender who is not a public-registry	721
qualifiedpublic registry-qualified juvenile offender registrant,	722
the delinquent child was subjected to this section prior to the	723
effective date of this amendmentJanuary 1, 2008, as a sexual	724
predator, habitual sex offender, child-victim predator, or	725
habitual child-victim offender, as those terms were defined in	726
section 2950.01 of the Revised Code as it existed prior to the	727
effective date of this amendmentJanuary 1, 2008, and a juvenile	728
court has not removed pursuant to section 2152.84 or 2152.85 of	729
the Revised Code the delinquent child's duty to comply with	730
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	731
Code.	732

(c) The delinquent child is a tier III sex	733
offender/child-victim offender who is not a public	734
registry-qualified juvenile offender registrant, the delinquent	735
child was classified a juvenile offender registrant on or after	736
the effective date of this amendmentJanuary 1, 2008, the court	737
has imposed a requirement under section 2152.82, 2152.83, or	738
2152.84 of the Revised Code subjecting the delinquent child to	739
this section, and a juvenile court has not removed pursuant to	740
section 2152.84 or 2152.85 of the Revised Code the delinquent	741
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	742
and 2950.06 of the Revised Code.	743

(2) The notification provisions of this section do not apply	744
to a person described in division (F)(1)(a), (b), or (c) of this	745
section if a court finds at a hearing after considering the	746
factors described in this division that the person would not be	747
subject to the notification provisions of this section that were	748
in the version of this section that existed immediately prior to	749
the effective date of this amendmentJanuary 1, 2008. In making	750
the determination of whether a person would have been subject to	751
the notification provisions under prior law as described in this	752
division, the court shall consider the following factors:	753

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

754

(b) The offender's or delinquent child's prior criminal or	755
delinquency record regarding all offenses, including, but not	756
limited to, all sexual offenses;	757

(c) The age of the victim of the sexually oriented offense	758
for which sentence is to be imposed or the order of disposition is	759
to be made;	760

(d) Whether the sexually oriented offense for which sentence	761
is to be imposed or the order of disposition is to be made	762
involved multiple victims;	763

(e) Whether the offender or delinquent child used drugs or	764
alcohol to impair the victim of the sexually oriented offense or	765
to prevent the victim from resisting;	766

(f) If the offender or delinquent child previously has been	767
convicted of or pleaded guilty to, or been adjudicated a	768
delinquent child for committing an act that if committed by an	769
adult would be, a criminal offense, whether the offender or	770
delinquent child completed any sentence or dispositional order	771
imposed for the prior offense or act and, if the prior offense or	772
act was a sex offense or a sexually oriented offense, whether the	773
offender or delinquent child participated in available programs	774
for sexual offenders;	775

(g) Any mental illness or mental disability of the offender	776
or delinquent child;	777

(h) The nature of the offender's or delinquent child's sexual	778
conduct, sexual contact, or interaction in a sexual context with	779
the victim of the sexually oriented offense and whether the sexual	780
conduct, sexual contact, or interaction in a sexual context was	781
part of a demonstrated pattern of abuse;	782

(i) Whether the offender or delinquent child, during the	783
commission of the sexually oriented offense for which sentence is	784
to be imposed or the order of disposition is to be made, displayed	785
cruelty or made one or more threats of cruelty;	786

(j) Whether the offender or delinquent child would have been	787
a habitual sex offender or a habitual child victim offender under	788
the definitions of those terms set forth in section 2950.01 of the	789
Revised Code as that section existed prior to the effective date	790
of this amendmentJanuary 1, 2008;	791

(k) Any additional behavioral characteristics that contribute	792
to the offender's or delinquent child's conduct.	793

(G)(1) The department of job and family services shall	794
compile, maintain, and update in January and July of each year, a	795
list of all agencies, centers, or homes of a type described in	796
division (A)(2) or (6) of this section that contains the name of	797
each agency, center, or home of that type, the county in which it	798
is located, its address and telephone number, and the name of an	799
administrative officer or employee of the agency, center, or home.	800

(2) The department of education shall compile, maintain, and	801
update in January and July of each year, a list of all boards of	802
education, schools, or programs of a type described in division	803
(A)(3), (4), or (5) of this section that contains the name of each	804
board of education, school, or program of that type, the county in	805
which it is located, its address and telephone number, the name of	806
the superintendent of the board or of an administrative officer or	807
employee of the school or program, and, in relation to a board of	808
education, the county or counties in which each of its schools is	809
located and the address of each such school.	810

(3) The Ohio board of regents shall compile, maintain, and	811
update in January and July of each year, a list of all	812
institutions of a type described in division (A)(7) of this	813
section that contains the name of each such institution, the	814
county in which it is located, its address and telephone number,	815
and the name of its president or other chief administrative	816
officer.	817

(4) A sheriff required by division (A) or (C) of this	818
section, or authorized by division (D)(2) of this section, to	819
provide notices regarding an offender or delinquent child, or a	820
designee of a sheriff of that type, may request the department of	821
job and family services, department of education, department of	822
health, or Ohio board of regents, by telephone, in person, or by	823
mail, to provide the sheriff or designee with the names,	824
addresses, and telephone numbers of the appropriate persons and	825
entities to whom the notices described in divisions (A)(2) to (7)	826
and (A)(11) of this section are to be provided. Upon receipt of a	827
request, the department or board shall provide the requesting	828
sheriff or designee with the names, addresses, and telephone	829
numbers of the appropriate persons and entities to whom those	830
notices are to be provided.	831

(5) The department of health shall compile, maintain, and	832
update in January and July of each year, a list of all long-term	833
care facilities that contains the name of each long-term care	834
facility, the county in which it is located, and its address and	835
telephone number.	836

(H)(1) Upon the motion of the offender or the prosecuting	837
attorney of the county in which the offender was convicted of or	838
pleaded guilty to the sexually oriented offense or child-victim	839
oriented offense for which the offender is subject to community	840
notification under this section, or upon the motion of the	841
sentencing judge or that judge's successor in office, the judge	842
may schedule a hearing to determine whether the interests of	843
justice would be served by suspending the community notification	844
requirement under this section in relation to the offender. The	845
judge may dismiss the motion without a hearing but may not issue	846
an order suspending the community notification requirement without	847
a hearing. At the hearing, all parties are entitled to be heard,	848
and the judge shall consider all of the factors set forth in	849
division (K) of this section. If, at the conclusion of the	850
hearing, the judge finds that the offender has proven by clear	851
and convincing evidence that the offender is unlikely to commit	852
in the future a sexually oriented offense or a child-victim	853
oriented offense and if the judge finds that suspending the	854
community notification requirement is in the interests of	855
justice, the judge may suspend the application of this section in	856
relation to the offender. The order shall contain both of these	857
findings.	858

The judge promptly shall serve a copy of the order upon the	859
sheriff with whom the offender most recently registered under	860
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	861
the bureau of criminal identification and investigation.	862

An order suspending the community notification requirement	863
does not suspend or otherwise alter an offender's duties to comply	864
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	865
Revised Code and does not suspend the victim notification	866
requirement under section 2950.10 of the Revised Code.	867

(2) A prosecuting attorney, a sentencing judge or that	868
judge's successor in office, and an offender who is subject to the	869
community notification requirement under this section may	870
initially make a motion under division (H)(1) of this section upon	871
the expiration of twenty years after the offender's duty to comply	872
with division (A)(2), (3), or (4) of section 2950.04, division	873
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	874
2950.06 of the Revised Code begins in relation to the offense for	875
which the offender is subject to community notification. After	876
the initial making of a motion under division (H)(1) of this	877
section, thereafter, the prosecutor, judge, and offender may make	878
a subsequent motion under that division upon the expiration of	879
five years after the judge has entered an order denying the	880
initial motion or the most recent motion made under that	881
division.	882

(3) The offender and the prosecuting attorney have the right	883
to appeal an order approving or denying a motion made under	884
division (H)(1) of this section.	885

(4) Divisions (H)(1) to (3) of this section do not apply to	886
any of the following types of offender:	887

(a) A person who is convicted of or pleads guilty to a	888
violent sex offense or designated homicide, assault, or kidnapping	889
offense and who, in relation to that offense, is adjudicated a	890
sexually violent predator;	891

(b) A person who is convicted of or pleads guilty to a	892
sexually oriented offense that is a violation of division	893
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	894
after January 2, 2007, and either who is sentenced under section	895
2971.03 of the Revised Code or upon whom a sentence of life	896
without parole is imposed under division (B) of section 2907.02	897
of the Revised Code;	898

(c) A person who is convicted of or pleads guilty to a	899
sexually oriented offense that is attempted rape committed on or	900
after January 2, 2007, and who also is convicted of or pleads	901
guilty to a specification of the type described in section	902
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	903

(d) A person who is convicted of or pleads guilty to an	904
offense described in division (B)(3)(a), (b), (c), or (d) of	905
section 2971.03 of the Revised Code and who is sentenced for that	906
offense pursuant to that division;	907

(e) An offender who is in a category specified in division	908
(F)(1)(a), (b), or (c) of this section and who, subsequent to	909
being subjected to community notification, has pleaded guilty to	910
or been convicted of a sexually oriented offense or child-victim	911
oriented offense.	912

(I) If a person is convicted of, pleads guilty to, has been	913
convicted of, or has pleaded guilty to a sexually oriented	914
offense or a child-victim oriented offense or a person is or has	915
been adjudicated a delinquent child for committing a sexually	916
oriented offense or a child-victim oriented offense and is	917
classified a juvenile offender registrant or is an out-of-state	918
juvenile offender registrant based on that adjudication, and if	919
the offender or delinquent child is not in any category specified	920
in division (F)(1)(a), (b), or (c) of this section, the sheriff	921
with whom the offender or delinquent child has most recently	922
registered under section 2950.04, 2950.041, or 2950.05 of the	923
Revised Code and the sheriff to whom the offender or delinquent	924
child most recently sent a notice of intent to reside under	925
section 2950.04 or 2950.041 of the Revised Code, within the	926
period of time specified in division (D) of this section, shall	927
provide a written notice containing the information set forth in	928
division (B) of this section to the executive director of the	929
public children services agency that has jurisdiction within the	930
specified geographical notification area and that is located	931
within the county served by the sheriff.	932

(J) Each sheriff shall allow a volunteer organization or	933
other organization, company, or individual who wishes to receive	934
the notice described in division (A)(10) of this section regarding	935
a specific offender or delinquent child or notice regarding all	936
offenders and delinquent children who are located in the specified	937
geographical notification area to notify the sheriff by electronic	938
mail or through the sheriff's web site of this election. The	939
sheriff shall promptly inform the bureau of criminal	940
identification and investigation of these requests in accordance	941
with the forwarding procedures adopted by the attorney general	942
pursuant to section 2950.13 of the Revised Code.	943

(K) In making a determination under division (H)(1) of this	944
section as to whether to suspend the community notification	945
requirement under this section for an offender, the judge shall	946
consider all relevant factors, including, but not limited to, all	947
of the following:	948

(1) The offender's age;

949

(2) The offender's prior criminal or delinquency record	950
regarding all offenses, including, but not limited to, all	951
sexually oriented offenses or child-victim oriented offenses;	952

(3) The age of the victim of the sexually oriented offense or	953
child-victim oriented offense the offender committed;	954

(4) Whether the sexually oriented offense or child-victim	955
oriented offense the offender committed involved multiple victims;	956

(5) Whether the offender used drugs or alcohol to impair the	957
victim of the sexually oriented offense or child-victim oriented	958
offense the offender committed or to prevent the victim from	959
resisting;	960

(6) If the offender previously has been convicted of, pleaded	961
guilty to, or been adjudicated a delinquent child for committing	962
an act that if committed by an adult would be a criminal offense,	963
whether the offender completed any sentence or dispositional order	964
imposed for the prior offense or act and, if the prior offense or	965
act was a sexually oriented offense or a child-victim oriented	966
offense, whether the offender or delinquent child participated in	967
available programs for sex offenders or child-victim offenders;	968

(7) Any mental illness or mental disability of the offender;

969

(8) The nature of the offender's sexual conduct, sexual	970
contact, or interaction in a sexual context with the victim of the	971
sexually oriented offense the offender committed or the nature of	972
the offender's interaction in a sexual context with the victim of	973
the child-victim oriented offense the offender committed,	974
whichever is applicable, and whether the sexual conduct, sexual	975
contact, or interaction in a sexual context was part of a	976
demonstrated pattern of abuse;	977

(9) Whether the offender, during the commission of the	978
sexually oriented offense or child-victim oriented offense the	979
offender committed, displayed cruelty or made one or more threats	980
of cruelty;	981

(10) Any additional behavioral characteristics that	982
contribute to the offender's conduct.	983

(L) As used in this section, "specified geographical	984
notification area" means the geographic area or areas within which	985
the attorney general, by rule adopted under section 2950.13 of the	986
Revised Code, requires the notice described in division (B) of	987
this section to be given to the persons identified in divisions	988
(A)(2) to (8) and (A)(11) of this section.	989

Sec. 2950.112.  (A) A manager of a long-term care facility	990
that receives notices pursuant to division (A)(11) of section	991
2950.11 of the Revised Code shall do both of the following:	992

(1) Maintain a file of all notices received pursuant to that	993
section that is easily accessible to residents, sponsors, and	994
employees upon request;	995

(2) Post a copy of each notice in a location that is	996
accessible to employees of the facility.	997

(B)(1) The manager of a long-term care facility shall give	998
each resident and sponsor a notice at the time of admission to the	999
facility that states the following in typeface that is at least	1000
one-quarter inch tall:	1001

"This facility may have to admit registered sex offenders or	1002
child-victim offenders for treatment. If you would like to receive	1003
information about such offenders, please go to the attorney	1004
general's esorn web site located at	1005
http://www.esorn.ag.state.oh.us and either search for offenders	1006
near this facility's address or register for notification by	1007
e-mail. If you do not have access to a computer, contact the	1008
manager's office for assistance."	1009

(2) Each resident and sponsor who receives a notice described	1010
in division (B)(1) of this section shall sign a statement	1011
attesting to receipt of the notice. The signed statement shall be	1012
retained in the resident's file.	1013

(C) The manager of a long-term care facility shall	1014
conspicuously post a copy of the notice described in division	1015
(B)(1) of this section in the common area of the facility where	1016
the facility's license is displayed.	1017

Sec. 2950.12.  (A) Except as provided in division (B) of this	1018
section, any of the following persons shall be immune from	1019
liability in a civil action to recover damages for injury, death,	1020
or loss to person or property allegedly caused by an act or	1021
omission in connection with a power, duty, responsibility, or	1022
authorization under this chapter or under rules adopted under	1023
authority of this chapter:	1024

(1) An officer or employee of the bureau of criminal	1025
identification and investigation;	1026

(2) The attorney general, a chief of police, marshal, or	1027
other chief law enforcement officer of a municipal corporation, a	1028
sheriff, a constable or chief of police of a township police	1029
department or police district police force, and a deputy, officer,	1030
or employee of the office of the attorney general, the law	1031
enforcement agency served by the marshal or the municipal or	1032
township chief, the office of the sheriff, or the constable;	1033

(3) A prosecutor and an officer or employee of the office of	1034
a prosecutor;	1035

(4) A supervising officer and an officer or employee of the	1036
adult parole authority of the department of rehabilitation and	1037
correction;	1038

(5) A supervising officer and an officer or employee of the	1039
department of youth services;	1040

(6) A supervisor and a caseworker or employee of a public	1041
children services agency acting pursuant to section 5153.16 of the	1042
Revised Code;	1043

(7) A managing officer of a state correctional institution	1044
and an officer or employee of the department of rehabilitation and	1045
correction;	1046

(8) A person identified in division (A)(2), (3), (4), (5),	1047
(6), or (7), or (11) of section 2950.11 of the Revised Code, an	1048
organization or person identified in division (A)(10) of that	1049
section, or the agent of that person or organization;	1050

(9) A person identified in division (A)(2) of section	1051
2950.111 of the Revised Code, regarding the person's provision of	1052
information pursuant to that division to a sheriff or a designee	1053
of a sheriff.	1054

(B) The immunity described in division (A) of this section	1055
does not apply to a person described in divisions (A)(1) to (8) of	1056
this section if, in relation to the act or omission in question,	1057
any of the following applies:	1058

(1) The act or omission was manifestly outside the scope of	1059
the person's employment or official responsibilities.	1060

(2) The act or omission was with malicious purpose, in bad	1061
faith, or in a wanton or reckless manner.	1062

(3) Liability for the act or omission is expressly imposed by	1063
a section of the Revised Code.	1064

Sec. 2950.13.  (A) The attorney general shall do all of the	1065
following:	1066

(1) No later than July 1, 1997, establish and maintain a	1067
state registry of sex offenders and child-victim offenders that is	1068
housed at the bureau of criminal identification and investigation	1069
and that contains all of the registration, change of residence,	1070
school, institution of higher education, or place of employment	1071
address, and verification information the bureau receives pursuant	1072
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1073
Code regarding each person who is convicted of, pleads guilty to,	1074
has been convicted of, or has pleaded guilty to a sexually	1075
oriented offense or a child-victim oriented offense and each	1076
person who is or has been adjudicated a delinquent child for	1077
committing a sexually oriented offense or a child-victim oriented	1078
offense and is classified a juvenile offender registrant or is	1079
an out-of-state juvenile offender registrant based on that	1080
adjudication, all of the information the bureau receives pursuant	1081
to section 2950.14 of the Revised Code, and any notice of an	1082
order terminating or modifying an offender's or delinquent	1083
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	1084
and 2950.06 of the Revised Code the bureau receives pursuant to	1085
section 2152.84, 2152.85, or 2950.15 of the Revised Code. For a	1086
person who was convicted of or pleaded guilty to the sexually	1087
oriented offense or child-victim related offense, the registry	1088
also shall indicate whether the person was convicted of or	1089
pleaded guilty to the offense in a criminal prosecution or in a	1090
serious youthful offender case. The registry shall not be open to	1091
inspection by the public or by any person other than a person	1092
identified in division (A) of section 2950.08 of the Revised	1093
Code. In addition to the information and material previously	1094
identified in this division, the registry shall include all of	1095
the following regarding each person who is listed in the	1096
registry:	1097

(a) A citation for, and the name of, all sexually oriented	1098
offenses or child-victim oriented offenses of which the person	1099
was convicted, to which the person pleaded guilty, or for which	1100
the person was adjudicated a delinquent child and that resulted	1101
in a registration duty, and the date on which those offenses were	1102
committed;	1103

(b) The text of the sexually oriented offenses or	1104
child-victim oriented offenses identified in division (A)(1)(a)	1105
of this section as those offenses existed at the time the person	1106
was convicted of, pleaded guilty to, or was adjudicated a	1107
delinquent child for committing those offenses, or a link to a	1108
database that sets forth the text of those offenses;	1109

(c) A statement as to whether the person is a tier I sex	1110
offender/child-victim offender, a tier II sex	1111
offender/child-victim offender, or a tier III sex	1112
offender/child-victim offender for the sexually oriented offenses	1113
or child-victim oriented offenses identified in division (A)(1)(a)	1114
of this section;	1115

(d) The community supervision status of the person,	1116
including, but not limited to, whether the person is serving a	1117
community control sanction and the nature of any such sanction,	1118
whether the person is under supervised release and the nature of	1119
the release, or regarding a juvenile, whether the juvenile is	1120
under any type of release authorized under Chapter 2152. or 5139.	1121
of the Revised Code and the nature of any such release;	1122

(e) The offense and delinquency history of the person, as	1123
determined from information gathered or provided under sections	1124
109.57 and 2950.14 of the Revised Code;	1125

(f) The bureau of criminal identification and investigation	1126
tracking number assigned to the person if one has been so	1127
assigned, the federal bureau of investigation number assigned to	1128
the person if one has been assigned and the bureau of criminal	1129
identification and investigation is aware of the number, and any	1130
other state identification number assigned to the person of which	1131
the bureau is aware;	1132

(g) Fingerprints and palmprints of the person;

1133

(h) A DNA specimen, as defined in section 109.573 of the	1134
Revised Code, from the person;	1135

(i) Whether the person has any outstanding arrest warrants;

1136

(j) Whether the person is in compliance with the person's	1137
duties under this chapter.	1138

(2) In consultation with local law enforcement	1139
representatives and no later than July 1, 1997, adopt rules that	1140
contain guidelines necessary for the implementation of this	1141
chapter;	1142

(3) In consultation with local law enforcement	1143
representatives, adopt rules for the implementation and	1144
administration of the provisions contained in section 2950.11 of	1145
the Revised Code that pertain to the notification of neighbors of	1146
an offender or a delinquent child who has committed a sexually	1147
oriented offense or a child-victim oriented offense and and is in	1148
a category specified in division (F)(1) of that section and rules	1149
that prescribe a manner in which victims of a sexually oriented	1150
offense or a child-victim oriented offense committed by an	1151
offender or a delinquent child who is in a category specified in	1152
division (B)(1) of section 2950.10 of the Revised Code may make a	1153
request that specifies that the victim would like to be provided	1154
the notices described in divisions (A)(1) and (2) of section	1155
2950.10 of the Revised Code;	1156

(4) In consultation with local law enforcement	1157
representatives and through the bureau of criminal identification	1158
and investigation, prescribe the forms to be used by judges and	1159
officials pursuant to section 2950.03 or 2950.032 of the Revised	1160
Code to advise offenders and delinquent children of their duties	1161
of filing a notice of intent to reside, registration, notification	1162
of a change of residence, school, institution of higher education,	1163
or place of employment address and registration of the new,	1164
school, institution of higher education, or place of employment	1165
address, as applicable, and address verification under sections	1166
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	1167
prescribe the forms to be used by sheriffs relative to those	1168
duties of filing a notice of intent to reside, registration,	1169
change of residence, school, institution of higher education, or	1170
place of employment address notification, and address	1171
verification;	1172

(5) Make copies of the forms prescribed under division (A)(4)	1173
of this section available to judges, officials, and sheriffs;	1174

(6) Through the bureau of criminal identification and	1175
investigation, provide the notifications, the information and	1176
materials, and the documents that the bureau is required to	1177
provide to appropriate law enforcement officials and to the	1178
federal bureau of investigation pursuant to sections 2950.04,	1179
2950.041, 2950.05, and 2950.06 of the Revised Code;	1180

(7) Through the bureau of criminal identification and	1181
investigation, maintain the verification forms returned under the	1182
address verification mechanism set forth in section 2950.06 of the	1183
Revised Code;	1184

(8) In consultation with representatives of the officials,	1185
judges, and sheriffs, adopt procedures for officials, judges, and	1186
sheriffs to use to forward information, photographs, and	1187
fingerprints to the bureau of criminal identification and	1188
investigation pursuant to the requirements of sections 2950.03,	1189
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	1190
Code;	1191

(9) In consultation with the director of education, the	1192
director of job and family services, and the director of	1193
rehabilitation and correction, adopt rules that contain guidelines	1194
to be followed by boards of education of a school district,	1195
chartered nonpublic schools or other schools not operated by a	1196
board of education, preschool programs, child day-care centers,	1197
type A family day-care homes, certified type B family day-care	1198
homes, and institutions of higher education regarding the proper	1199
use and administration of information received pursuant to section	1200
2950.11 of the Revised Code relative to an offender or delinquent	1201
child who has committed a sexually oriented offense or a	1202
child-victim oriented offense and is in a category specified in	1203
division (F)(1) of that section;	1204

(10) In consultation with local law enforcement	1205
representatives and no later than July 1, 1997, adopt rules that	1206
designate a geographic area or areas within which the notice	1207
described in division (B) of section 2950.11 of the Revised Code	1208
must be given to the persons identified in divisions (A)(2) to (8)	1209
and, (A)(10), and (A)(11) of that section;	1210

(11) Through the bureau of criminal identification and	1211
investigation, not later than January 1, 2004, establish and	1212
operate on the internet a sex offender and child-victim offender	1213
database that contains information for every offender who has	1214
committed a sexually oriented offense or a child-victim oriented	1215
offense and registers in any county in this state pursuant to	1216
section 2950.04 or 2950.041 of the Revised Code and for every	1217
delinquent child who has committed a sexually oriented offense,	1218
is a public registry-qualified juvenile offender registrant, and	1219
registers in any county in this state pursuant to either such	1220
section. The bureau shall not include on the database the	1221
identity of any offender's or public registry-qualified juvenile	1222
offender registrant's victim, any offender's or public	1223
registry-qualified juvenile offender registrant's social security	1224
number, the name of any school or institution of higher education	1225
attended by any offender or public registry-qualified juvenile	1226
offender registrant, the name of the place of employment of any	1227
offender or public registry-qualified juvenile offender	1228
registrant, any tracking or identification number described in	1229
division (A)(1)(f) of this section, or any information described	1230
in division (C)(7) of section 2950.04 or 2950.041 of the Revised	1231
Code. The bureau shall provide on the database, for each offender	1232
and each public registry-qualified juvenile offender registrant,	1233
at least the information specified in divisions (A)(11)(a) to (h)	1234
of this section. Otherwise, the bureau shall determine the	1235
information to be provided on the database for each offender and	1236
public registry-qualified juvenile offender registrant and shall	1237
obtain that information from the information contained in the	1238
state registry of sex offenders and child-victim offenders	1239
described in division (A)(1) of this section, which information,	1240
while in the possession of the sheriff who provided it, is a	1241
public record open for inspection as described in section	1242
2950.081 of the Revised Code. The database is a public record	1243
open for inspection under section 149.43 of the Revised Code,	1244
and it shall be searchable by offender or public	1245
registry-qualified juvenile offender registrant name, by county,	1246
by zip code, and by school district. The database shall provide a	1247
link to the web site of each sheriff who has established and	1248
operates on the internet a sex offender and child-victim offender	1249
database that contains information for offenders and public	1250
registry-qualified juvenile offender registrants who register in	1251
that county pursuant to section 2950.04 or 2950.041 of the	1252
Revised Code, with the link being a direct link to the sex	1253
offender and child-victim offender database for the sheriff. The	1254
bureau shall provide on the database, for each offender and public	1255
registry-qualified juvenile offender registrant, at least the	1256
following information:	1257

(a) The information described in divisions (A)(1)(a), (b),	1258
(c), and (d) of this section relative to the offender or public	1259
registry-qualified juvenile offender registrant;	1260

(b) The address of the offender's or public	1261
registry-qualified juvenile offender registrant's school,	1262
institution of higher education, or place of employment provided	1263
in a registration form;	1264

(c) The information described in division (C)(6) of section	1265
2950.04 or 2950.041 of the Revised Code;	1266

(d) A chart describing which sexually oriented offenses and	1267
child-victim oriented offenses are included in the definitions of	1268
tier I sex offender/child-victim offender, tier II sex	1269
offender/child-victim offender, and tier III sex	1270
offender/child-victim offender;	1271

(e) Fingerprints and palm printspalmprints of the offender	1272
or public registry-qualified juvenile offender registrant and a	1273
DNA specimen from the offender or public registry-qualified	1274
juvenile offender registrant;	1275

(f) The information set forth in division (B) of section	1276
2950.11 of the Revised Code;	1277

(g) Any outstanding arrest warrants for the offender or	1278
public registry-qualified juvenile offender registrant;	1279

(h) The offender's or public registry-qualified juvenile	1280
offender registrant's compliance status with duties under this	1281
chapter.	1282

(12) Develop software to be used by sheriffs in establishing	1283
on the internet a sex offender and child-victim offender database	1284
for the public dissemination of some or all of the information	1285
and materials described in division (A) of section 2950.081 of	1286
the Revised Code that are public records under that division,	1287
that are not prohibited from inclusion by division (B) of that	1288
section, and that pertain to offenders and public	1289
registry-qualified juvenile offender registrants who register in	1290
the sheriff's county pursuant to section 2950.04 or 2950.041 of	1291
the Revised Code and for the public dissemination of information	1292
the sheriff receives pursuant to section 2950.14 of the Revised	1293
Code and, upon the request of any sheriff, provide technical	1294
guidance to the requesting sheriff in establishing on the	1295
internet such a database;	1296

(13) Through the bureau of criminal identification and	1297
investigation, not later than January 1, 2004, establish and	1298
operate on the internet a database that enables local law	1299
enforcement representatives to remotely search by electronic means	1300
the state registry of sex offenders and child-victim offenders	1301
described in division (A)(1) of this section and any information	1302
and materials the bureau receives pursuant to sections 2950.04,	1303
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	1304
database shall enable local law enforcement representatives to	1305
obtain detailed information regarding each offender and delinquent	1306
child who is included in the registry, including, but not limited	1307
to the offender's or delinquent child's name, aliases, residence	1308
address, name and address of any place of employment, school,	1309
institution of higher education, if applicable, license plate	1310
number of each vehicle identified in division (C)(5) of section	1311
2950.04 or 2950.041 of the Revised Code to the extent	1312
applicable, victim preference if available, date of most recent	1313
release from confinement if applicable, fingerprints, and	1314
palmprints, all of the information and material described in	1315
divisiondivisions (A)(1)(a) to (h) of this section regarding the	1316
offender or delinquent child, and other identification parameters	1317
the bureau considers appropriate. The database is not a public	1318
record open for inspection under section 149.43 of the Revised	1319
Code and shall be available only to law enforcement	1320
representatives as described in this division. Information	1321
obtained by local law enforcement representatives through use of	1322
this database is not open to inspection by the public or by any	1323
person other than a person identified in division (A) of section	1324
2950.08 of the Revised Code.	1325

(14) Through the bureau of criminal identification and	1326
investigation, maintain a list of requests for notice about a	1327
specified offender or delinquent child or specified geographical	1328
notification area made pursuant to division (J) of section 2950.11	1329
of the Revised Code and, when an offender or delinquent child	1330
changes residence to another county, forward any requests for	1331
information about that specific offender or delinquent child to	1332
the appropriate sheriff;	1333

(15) Through the bureau of criminal identification and	1334
investigation, establish and operate a system for the immediate	1335
notification by electronic means of the appropriate officials in	1336
other states specified in this division each time an offender or	1337
delinquent child registers a residence, school, institution of	1338
higher education, or place of employment address under section	1339
2950.04 or 2950.041 of the revisedRevised Code or provides a	1340
notice of a change of address or registers a new address under	1341
division (A) or (B) of section 2950.05 of the Revised Code. The	1342
immediate notification by electronic means shall be provided to	1343
the appropriate officials in each state in which the offender or	1344
delinquent child is required to register a residence, school,	1345
institution of higher education, or place of employment address.	1346
The notification shall contain the offender's or delinquent	1347
child's name and all of the information the bureau receives from	1348
the sheriff with whom the offender or delinquent child registered	1349
the address or provided the notice of change of address or	1350
registered the new address.	1351

(B) The attorney general in consultation with local law	1352
enforcement representatives, may adopt rules that establish one or	1353
more categories of neighbors of an offender or delinquent child	1354
who, in addition to the occupants of residential premises and	1355
other persons specified in division (A)(1) of section 2950.11 of	1356
the Revised Code, must be given the notice described in division	1357
(B) of that section.	1358

(C) No person, other than a local law enforcement	1359
representative, shall knowingly do any of the following:	1360

(1) Gain or attempt to gain access to the database	1361
established and operated by the attorney general, through the	1362
bureau of criminal identification and investigation, pursuant to	1363
division (A)(13) of this section.	1364

(2) Permit any person to inspect any information obtained	1365
through use of the database described in division (C)(1) of this	1366
section, other than as permitted under that division.	1367

(D) As used in this section, "local law enforcement	1368
representatives" means representatives of the sheriffs of this	1369
state, representatives of the municipal chiefs of police and	1370
marshals of this state, and representatives of the township	1371
constables and chiefs of police of the township police departments	1372
or police district police forces of this state.	1373

Section 2. That existing sections 2950.01, 2950.11, 2950.12,	1374
and 2950.13 of the Revised Code are hereby repealed.	1375