As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. Sub. S. B. No. 10

Senator Austria 

Cosponsors: Senators Carey, Clancy, Faber, Gardner, Goodman, Grendell, Harris, Kearney, Mumper, Niehaus, Padgett, Schaffer, Schuler, Spada, Stivers, Wilson, Cates, Buehrer, Fedor, Miller, R., Schuring, Mason, Jacobson 

Representatives Jones, Bubp, Hughes, Widowfield, Barrett, Latta, Yuko, Dyer, Aslanides, Bacon, Batchelder, Bolon, Boyd, Brady, Combs, Core, DeGeeter, Distel, Dodd, Dolan, Domenick, Driehaus, Evans, Fende, Flowers, Gerberry, Gibbs, Goyal, Hagan, J., Hagan, R., Harwood, Healy, Heard, Hottinger, Letson, Luckie, Mallory, McGregor, J., Miller, Otterman, Patton, Schindel, Schlichter, Setzer, Stebelton, Stewart, D., Strahorn, Szollosi, Uecker, Wagoner, Webster, White, Williams, B., Zehringer 

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A BILL

To amend sections 109.42, 109.57, 311.171, 1923.01,

1

1923.02, 2151.23, 2151.357, 2152.02, 2152.19,

2

2152.191, 2152.22, 2152.82, 2152.83, 2152.84,

3

2152.85, 2152.851, 2743.191, 2901.07, 2903.211,

4

2905.01, 2905.02, 2905.03, 2905.05, 2907.01,

5

2907.02, 2907.05, 2921.34, 2929.01, 2929.02,

6

2929.022, 2929.03, 2929.06, 2929.13, 2929.14,

7

2929.19, 2929.23, 2930.16, 2941.148, 2950.01,

8

2950.02, 2950.03, 2950.031, 2950.04, 2950.041,

9

2950.05, 2950.06, 2950.07, 2950.08, 2950.081,

10

2950.10, 2950.11, 2950.12, 2950.13, 2950.14,

11

2953.32, 2967.12, 2967.121, 2971.01, 2971.03,

12

2971.04, 2971.05, 2971.06, 2971.07, 5120.49,

13

5120.61, 5120.66, 5139.13, 5149.10, 5321.01,

14

5321.03, and 5321.051; to amend, for the purpose

15

of adopting new section numbers as indicated in

16

parentheses, sections 2152.821 (2152.811) and

17

2950.031 (2950.034); to enact new section

18

2950.031 and sections 2152.831, 2152.86,

19

2950.011, 2950.032, 2950.033, 2950.042, 2950.043,

20

2950.131, 2950.15, and 2950.16; and to repeal

21

sections 2152.811, 2950.021, 2950.09, and 2950.091

22

of the Revised Code to revise Ohio's Sex Offender

23

Registration and Notification Law and conform it

24

to recently enacted requirements of federal law

25

contained in the Adam Walsh Child Protection and

26

Safety Act of 2006, to increase the penalties for

27

certain violations of kidnapping, aggravated

28

murder when a sentence of death or life without

29

parole is not imposed, and murder when the victim

30

of any of those offenses is less than 13 years of

31

age and the offense was committed with a sexual

32

motivation and require that those sentences be

33

served under the Sexually Violent Predator

34

Sentencing Law, and to declare an emergency.

35

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

Section 1. That sections 109.42, 109.57, 311.171, 1923.01,	36
1923.02, 2151.23, 2151.357, 2152.02, 2152.19, 2152.191, 2152.22,	37
2152.82, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07,	38
2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02,	39
2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06,	40
2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01,	41
2950.02, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.06,	42
2950.07, 2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13,	43
2950.14, 2953.32, 2967.12, 2967.121, 2971.01, 2971.03, 2971.04,	44
2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, 5139.13,	45
5149.10, 5321.01, 5321.03, and 5321.051 be amended, that sections	46
2152.821 (2152.811) and 2950.031 (2950.034) be amended for the	47
purpose of adopting new section numbers as indicated in	48
parentheses, and that new section 2950.031 and sections 2152.831,	49
2152.86, 2950.011, 2950.032, 2950.033, 2950.042, 2950.043,	50
2950.131, 2950.15, and 2950.16 of the Revised Code be enacted to	51
read as follows:	52

Sec. 109.42.  (A) The attorney general shall prepare and have	53
printed a pamphlet that contains a compilation of all statutes	54
relative to victim's rights in which the attorney general lists	55
and explains the statutes in the form of a victim's bill of	56
rights. The attorney general shall distribute the pamphlet to all	57
sheriffs, marshals, municipal corporation and township police	58
departments, constables, and other law enforcement agencies, to	59
all prosecuting attorneys, city directors of law, village	60
solicitors, and other similar chief legal officers of municipal	61
corporations, and to organizations that represent or provide	62
services for victims of crime. The victim's bill of rights set	63
forth in the pamphlet shall contain a description of all of the	64
rights of victims that are provided for in Chapter 2930. or in any	65
other section of the Revised Code and shall include, but not be	66
limited to, all of the following:	67

(1) The right of a victim or a victim's representative to	68
attend a proceeding before a grand jury, in a juvenile case, or in	69
a criminal case pursuant to a subpoena without being discharged	70
from the victim's or representative's employment, having the	71
victim's or representative's employment terminated, having the	72
victim's or representative's pay decreased or withheld, or	73
otherwise being punished, penalized, or threatened as a result of	74
time lost from regular employment because of the victim's or	75
representative's attendance at the proceeding pursuant to the	76
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	77
2945.451 of the Revised Code;	78

(2) The potential availability pursuant to section 2151.359	79
or 2152.61 of the Revised Code of a forfeited recognizance to pay	80
damages caused by a child when the delinquency of the child or	81
child's violation of probation or community control is found to be	82
proximately caused by the failure of the child's parent or	83
guardian to subject the child to reasonable parental authority or	84
to faithfully discharge the conditions of probation or community	85
control;	86

(3) The availability of awards of reparations pursuant to	87
sections 2743.51 to 2743.72 of the Revised Code for injuries	88
caused by criminal offenses;	89

(4) The right of the victim in certain criminal or juvenile	90
cases or a victim's representative to receive, pursuant to section	91
2930.06 of the Revised Code, notice of the date, time, and place	92
of the trial or delinquency proceeding in the case or, if there	93
will not be a trial or delinquency proceeding, information from	94
the prosecutor, as defined in section 2930.01 of the Revised Code,	95
regarding the disposition of the case;	96

(5) The right of the victim in certain criminal or juvenile	97
cases or a victim's representative to receive, pursuant to section	98
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	99
name of the person charged with the violation, the case or docket	100
number assigned to the charge, and a telephone number or numbers	101
that can be called to obtain information about the disposition of	102
the case;	103

(6) The right of the victim in certain criminal or juvenile	104
cases or of the victim's representative pursuant to section	105
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	106
terms set by the court as authorized under section 2930.14 of the	107
Revised Code, to make a statement about the victimization and, if	108
applicable, a statement relative to the sentencing or disposition	109
of the offender;	110

(7) The opportunity to obtain a court order, pursuant to	111
section 2945.04 of the Revised Code, to prevent or stop the	112
commission of the offense of intimidation of a crime victim or	113
witness or an offense against the person or property of the	114
complainant, or of the complainant's ward or child;	115

(8) The right of the victim in certain criminal or juvenile	116
cases or a victim's representative pursuant to sections 2151.38,	117
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	118
receive notice of a pending motion for judicial release or early	119
release of the person who committed the offense against the	120
victim, to make an oral or written statement at the court hearing	121
on the motion, and to be notified of the court's decision on the	122
motion;	123

(9) The right of the victim in certain criminal or juvenile	124
cases or a victim's representative pursuant to section 2930.16,	125
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	126
of any pending commutation, pardon, parole, transitional control,	127
discharge, other form of authorized release, post-release control,	128
or supervised release for the person who committed the offense	129
against the victim or any application for release of that person	130
and to send a written statement relative to the victimization and	131
the pending action to the adult parole authority or the release	132
authority of the department of youth services;	133

(10) The right of the victim to bring a civil action pursuant	134
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	135
from the offender's profit fund;	136

(11) The right, pursuant to section 3109.09 of the Revised	137
Code, to maintain a civil action to recover compensatory damages	138
not exceeding ten thousand dollars and costs from the parent of a	139
minor who willfully damages property through the commission of an	140
act that would be a theft offense, as defined in section 2913.01	141
of the Revised Code, if committed by an adult;	142

(12) The right, pursuant to section 3109.10 of the Revised	143
Code, to maintain a civil action to recover compensatory damages	144
not exceeding ten thousand dollars and costs from the parent of a	145
minor who willfully and maliciously assaults a person;	146

(13) The possibility of receiving restitution from an	147
offender or a delinquent child pursuant to section 2152.20,	148
2929.18, or 2929.28 of the Revised Code;	149

(14) The right of the victim in certain criminal or juvenile	150
cases or a victim's representative, pursuant to section 2930.16 of	151
the Revised Code, to receive notice of the escape from confinement	152
or custody of the person who committed the offense, to receive	153
that notice from the custodial agency of the person at the	154
victim's last address or telephone number provided to the	155
custodial agency, and to receive notice that, if either the	156
victim's address or telephone number changes, it is in the	157
victim's interest to provide the new address or telephone number	158
to the custodial agency;	159

(15) The right of a victim of domestic violence to seek the	160
issuance of a civil protection order pursuant to section 3113.31	161
of the Revised Code, the right of a victim of a violation of	162
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	163
of the Revised Code, a violation of a substantially similar	164
municipal ordinance, or an offense of violence who is a family or	165
household member of the offender at the time of the offense to	166
seek the issuance of a temporary protection order pursuant to	167
section 2919.26 of the Revised Code, and the right of both types	168
of victims to be accompanied by a victim advocate during court	169
proceedings;	170

(16) The right of a victim of a sexually oriented offense	171
that is not a registration-exempt sexually oriented offense or of	172
a child-victim oriented offense that is committed by a person who	173
is convicted of or, pleads guilty to an aggravated sexually	174
oriented offense, by a person who is adjudicated a sexual predator	175
or child-victim predator, or, in certain cases, by a person who is	176
determined to be a habitual sex offender or habitual child-victim	177
offender, or is adjudicated a delinquent child for committing the	178
offense and who is in a category specified in division (B) of	179
section 2950.10 of the Revised Code to receive, pursuant to that	180
section 2950.10 of the Revised Code, notice that the person has	181
registered with a sheriff under section 2950.04, 2950.041, or	182
2950.05 of the Revised Code and notice of the person's name, the	183
person's residence that is registered, and the offender's school,	184
institution of higher education, or place of employment address or	185
addresses that are registered, the person's photograph, and a	186
summary of the manner in which the victim must make a request to	187
receive the notice. As used in this division, "sexually oriented	188
offense," "adjudicated a sexual predator," "habitual sex	189
offender," "registration-exempt sexually oriented offense,"	190
"aggravated sexually oriented offense,"and "child-victim oriented	191
offense," "adjudicated a child-victim predator," and "habitual	192
child-victim offender" have the same meanings as in section	193
2950.01 of the Revised Code.	194

(17) The right of a victim of certain sexually violent	195
offenses committed by an offender who also is convicted of or	196
pleads guilty to a sexually violent predator specification and who	197
is sentenced to a prison term pursuant to division (A)(3) of	198
section 2971.03 of the Revised Code, of a victim of a violation of	199
division (A)(1)(b) of section 2907.02 of the Revised Code	200
committed on or after the effective date of this amendmentJanuary	201
2, 2007, by an offender who is sentenced for the violation	202
pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of	203
the Revised Code, and of a victim of an attempted rape committed	204
on or after the effective date of this amendmentJanuary 2, 2007,	205
by an offender who also is convicted of or pleads guilty to a	206
specification of the type described in section 2941.1418,	207
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	208
the violation pursuant to division (B)(2)(a), (b), or (c) of	209
section 2971.03 of the Revised Code, and of a victim of an offense	210
that is described in division (B)(3)(a), (b), (c), or (d) of	211
section 2971.03 of the Revised Code and is committed by an	212
offender who is sentenced pursuant to one of those divisions to	213
receive, pursuant to section 2930.16 of the Revised Code, notice	214
of a hearing to determine whether to modify the requirement that	215
the offender serve the entire prison term in a state correctional	216
facility, whether to continue, revise, or revoke any existing	217
modification of that requirement, or whether to terminate the	218
prison term. As used in this division, "sexually violent offense"	219
and "sexually violent predator specification" have the same	220
meanings as in section 2971.01 of the Revised Code.	221

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	222
prosecuting attorney, assistant prosecuting attorney, city	223
director of law, assistant city director of law, village	224
solicitor, assistant village solicitor, or similar chief legal	225
officer of a municipal corporation or an assistant of any of those	226
officers who prosecutes an offense committed in this state, upon	227
first contact with the victim of the offense, the victim's family,	228
or the victim's dependents, shall give the victim, the victim's	229
family, or the victim's dependents a copy of the pamphlet prepared	230
pursuant to division (A) of this section and explain, upon	231
request, the information in the pamphlet to the victim, the	232
victim's family, or the victim's dependents.	233

(b) Subject to division (B)(1)(c) of this section, a law	234
enforcement agency that investigates an offense or delinquent act	235
committed in this state shall give the victim of the offense or	236
delinquent act, the victim's family, or the victim's dependents a	237
copy of the pamphlet prepared pursuant to division (A) of this	238
section at one of the following times:	239

(i) Upon first contact with the victim, the victim's family,	240
or the victim's dependents;	241

(ii) If the offense or delinquent act is an offense of	242
violence, if the circumstances of the offense or delinquent act	243
and the condition of the victim, the victim's family, or the	244
victim's dependents indicate that the victim, the victim's family,	245
or the victim's dependents will not be able to understand the	246
significance of the pamphlet upon first contact with the agency,	247
and if the agency anticipates that it will have an additional	248
contact with the victim, the victim's family, or the victim's	249
dependents, upon the agency's second contact with the victim, the	250
victim's family, or the victim's dependents.	251

If the agency does not give the victim, the victim's family,	252
or the victim's dependents a copy of the pamphlet upon first	253
contact with them and does not have a second contact with the	254
victim, the victim's family, or the victim's dependents, the	255
agency shall mail a copy of the pamphlet to the victim, the	256
victim's family, or the victim's dependents at their last known	257
address.	258

(c) In complying on and after December 9, 1994, with the	259
duties imposed by division (B)(1)(a) or (b) of this section, an	260
official or a law enforcement agency shall use copies of the	261
pamphlet that are in the official's or agency's possession on	262
December 9, 1994, until the official or agency has distributed all	263
of those copies. After the official or agency has distributed all	264
of those copies, the official or agency shall use only copies of	265
the pamphlet that contain at least the information described in	266
divisions (A)(1) to (17) of this section.	267

(2) The failure of a law enforcement agency or of a	268
prosecuting attorney, assistant prosecuting attorney, city	269
director of law, assistant city director of law, village	270
solicitor, assistant village solicitor, or similar chief legal	271
officer of a municipal corporation or an assistant to any of those	272
officers to give, as required by division (B)(1) of this section,	273
the victim of an offense or delinquent act, the victim's family,	274
or the victim's dependents a copy of the pamphlet prepared	275
pursuant to division (A) of this section does not give the victim,	276
the victim's family, the victim's dependents, or a victim's	277
representative any rights under section 2743.51 to 2743.72,	278
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	279
Revised Code or under any other provision of the Revised Code and	280
does not affect any right under those sections.	281

(3) A law enforcement agency, a prosecuting attorney or	282
assistant prosecuting attorney, or a city director of law,	283
assistant city director of law, village solicitor, assistant	284
village solicitor, or similar chief legal officer of a municipal	285
corporation that distributes a copy of the pamphlet prepared	286
pursuant to division (A) of this section shall not be required to	287
distribute a copy of an information card or other printed material	288
provided by the clerk of the court of claims pursuant to section	289
2743.71 of the Revised Code.	290

(C) The cost of printing and distributing the pamphlet	291
prepared pursuant to division (A) of this section shall be paid	292
out of the reparations fund, created pursuant to section 2743.191	293
of the Revised Code, in accordance with division (D) of that	294
section.	295

(D) As used in this section:

296

(1) "Victim's representative" has the same meaning as in	297
section 2930.01 of the Revised Code;	298

(2) "Victim advocate" has the same meaning as in section	299
2919.26 of the Revised Code.	300

Sec. 109.57.  (A)(1) The superintendent of the bureau of	301
criminal identification and investigation shall procure from	302
wherever procurable and file for record photographs, pictures,	303
descriptions, fingerprints, measurements, and other information	304
that may be pertinent of all persons who have been convicted of	305
committing within this state a felony, any crime constituting a	306
misdemeanor on the first offense and a felony on subsequent	307
offenses, or any misdemeanor described in division (A)(1)(a) or	308
(A)(10)(a) of section 109.572 of the Revised Code, of all children	309
under eighteen years of age who have been adjudicated delinquent	310
children for committing within this state an act that would be a	311
felony or an offense of violence if committed by an adult or who	312
have been convicted of or pleaded guilty to committing within this	313
state a felony or an offense of violence, and of all well-known	314
and habitual criminals. The person in charge of any county,	315
multicounty, municipal, municipal-county, or multicounty-municipal	316
jail or workhouse, community-based correctional facility, halfway	317
house, alternative residential facility, or state correctional	318
institution and the person in charge of any state institution	319
having custody of a person suspected of having committed a felony,	320
any crime constituting a misdemeanor on the first offense and a	321
felony on subsequent offenses, or any misdemeanor described in	322
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	323
Code or having custody of a child under eighteen years of age with	324
respect to whom there is probable cause to believe that the child	325
may have committed an act that would be a felony or an offense of	326
violence if committed by an adult shall furnish such material to	327
the superintendent of the bureau. Fingerprints, photographs, or	328
other descriptive information of a child who is under eighteen	329
years of age, has not been arrested or otherwise taken into	330
custody for committing an act that would be a felony or an offense	331
of violence if committed by an adult, has not been adjudicated a	332
delinquent child for committing an act that would be a felony or	333
an offense of violence if committed by an adult, has not been	334
convicted of or pleaded guilty to committing a felony or an	335
offense of violence, and is not a child with respect to whom there	336
is probable cause to believe that the child may have committed an	337
act that would be a felony or an offense of violence if committed	338
by an adult shall not be procured by the superintendent or	339
furnished by any person in charge of any county, multicounty,	340
municipal, municipal-county, or multicounty-municipal jail or	341
workhouse, community-based correctional facility, halfway house,	342
alternative residential facility, or state correctional	343
institution, except as authorized in section 2151.313 of the	344
Revised Code.	345

(2) Every clerk of a court of record in this state, other	346
than the supreme court or a court of appeals, shall send to the	347
superintendent of the bureau a weekly report containing a summary	348
of each case involving a felony, involving any crime constituting	349
a misdemeanor on the first offense and a felony on subsequent	350
offenses, involving a misdemeanor described in division (A)(1)(a)	351
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	352
an adjudication in a case in which a child under eighteen years of	353
age was alleged to be a delinquent child for committing an act	354
that would be a felony or an offense of violence if committed by	355
an adult. The clerk of the court of common pleas shall include in	356
the report and summary the clerk sends under this division all	357
information described in divisions (A)(2)(a) to (f) of this	358
section regarding a case before the court of appeals that is	359
served by that clerk. The summary shall be written on the standard	360
forms furnished by the superintendent pursuant to division (B) of	361
this section and shall include the following information:	362

(a) The incident tracking number contained on the standard	363
forms furnished by the superintendent pursuant to division (B) of	364
this section;	365

(b) The style and number of the case;

366

(c) The date of arrest;

367

(d) The date that the person was convicted of or pleaded	368
guilty to the offense, adjudicated a delinquent child for	369
committing the act that would be a felony or an offense of	370
violence if committed by an adult, found not guilty of the	371
offense, or found not to be a delinquent child for committing an	372
act that would be a felony or an offense of violence if committed	373
by an adult, the date of an entry dismissing the charge, an entry	374
declaring a mistrial of the offense in which the person is	375
discharged, an entry finding that the person or child is not	376
competent to stand trial, or an entry of a nolle prosequi, or the	377
date of any other determination that constitutes final resolution	378
of the case;	379

(e) A statement of the original charge with the section of	380
the Revised Code that was alleged to be violated;	381

(f) If the person or child was convicted, pleaded guilty, or	382
was adjudicated a delinquent child, the sentence or terms of	383
probation imposed or any other disposition of the offender or the	384
delinquent child.	385

If the offense involved the disarming of a law enforcement	386
officer or an attempt to disarm a law enforcement officer, the	387
clerk shall clearly state that fact in the summary, and the	388
superintendent shall ensure that a clear statement of that fact is	389
placed in the bureau's records.	390

(3) The superintendent shall cooperate with and assist	391
sheriffs, chiefs of police, and other law enforcement officers in	392
the establishment of a complete system of criminal identification	393
and in obtaining fingerprints and other means of identification of	394
all persons arrested on a charge of a felony, any crime	395
constituting a misdemeanor on the first offense and a felony on	396
subsequent offenses, or a misdemeanor described in division	397
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	398
of all children under eighteen years of age arrested or otherwise	399
taken into custody for committing an act that would be a felony or	400
an offense of violence if committed by an adult. The	401
superintendent also shall file for record the fingerprint	402
impressions of all persons confined in a county, multicounty,	403
municipal, municipal-county, or multicounty-municipal jail or	404
workhouse, community-based correctional facility, halfway house,	405
alternative residential facility, or state correctional	406
institution for the violation of state laws and of all children	407
under eighteen years of age who are confined in a county,	408
multicounty, municipal, municipal-county, or multicounty-municipal	409
jail or workhouse, community-based correctional facility, halfway	410
house, alternative residential facility, or state correctional	411
institution or in any facility for delinquent children for	412
committing an act that would be a felony or an offense of violence	413
if committed by an adult, and any other information that the	414
superintendent may receive from law enforcement officials of the	415
state and its political subdivisions.	416

(4) The superintendent shall carry out Chapter 2950. of the	417
Revised Code with respect to the registration of persons who are	418
convicted of or plead guilty to either a sexually oriented offense	419
that is not a registration-exempt sexually oriented offense or a	420
child-victim oriented offense and with respect to all other duties	421
imposed on the bureau under that chapter.	422

(5) The bureau shall perform centralized recordkeeping	423
functions for criminal history records and services in this state	424
for purposes of the national crime prevention and privacy compact	425
set forth in section 109.571 of the Revised Code and is the	426
criminal history record repository as defined in that section for	427
purposes of that compact. The superintendent or the	428
superintendent's designee is the compact officer for purposes of	429
that compact and shall carry out the responsibilities of the	430
compact officer specified in that compact.	431

(B) The superintendent shall prepare and furnish to every	432
county, multicounty, municipal, municipal-county, or	433
multicounty-municipal jail or workhouse, community-based	434
correctional facility, halfway house, alternative residential	435
facility, or state correctional institution and to every clerk of	436
a court in this state specified in division (A)(2) of this section	437
standard forms for reporting the information required under	438
division (A) of this section. The standard forms that the	439
superintendent prepares pursuant to this division may be in a	440
tangible format, in an electronic format, or in both tangible	441
formats and electronic formats.	442

(C)(1) The superintendent may operate a center for	443
electronic, automated, or other data processing for the storage	444
and retrieval of information, data, and statistics pertaining to	445
criminals and to children under eighteen years of age who are	446
adjudicated delinquent children for committing an act that would	447
be a felony or an offense of violence if committed by an adult,	448
criminal activity, crime prevention, law enforcement, and criminal	449
justice, and may establish and operate a statewide communications	450
network to gather and disseminate information, data, and	451
statistics for the use of law enforcement agencies and for other	452
uses specified in this division. The superintendent may gather,	453
store, retrieve, and disseminate information, data, and statistics	454
that pertain to children who are under eighteen years of age and	455
that are gathered pursuant to sections 109.57 to 109.61 of the	456
Revised Code together with information, data, and statistics that	457
pertain to adults and that are gathered pursuant to those	458
sections. In	459

(2) The superintendent or the superintendent's designee shall	460
gather information of the nature described in division (C)(1) of	461
this section that pertains to the offense and delinquency history	462
of a person who has been convicted of, pleaded guilty to, or been	463
adjudicated a delinquent child for committing a sexually oriented	464
offense or a child-victim oriented offense for inclusion in the	465
state registry of sex offenders and child-victim offenders	466
maintained pursuant to division (A)(1) of section 2950.13 of the	467
Revised Code and in the internet database operated pursuant to	468
division (A)(13) of that section and for possible inclusion in the	469
internet database operated pursuant to division (A)(11) of that	470
section.	471

(3) In addition to any other authorized use of information,	472
data, and statistics of thatthe nature described in division	473
(C)(1) of this section, the superintendent or the superintendent's	474
designee may provide and exchange the information, data, and	475
statistics pursuant to the national crime prevention and privacy	476
compact as described in division (A)(5) of this section.	477

(D) The information and materials furnished to the	478
superintendent pursuant to division (A) of this section and	479
information and materials furnished to any board or person under	480
division (F) or (G) of this section are not public records under	481
section 149.43 of the Revised Code. The superintendent or the	482
superintendent's designee shall gather and retain information so	483
furnished under division (A) of this section that pertains to the	484
offense and delinquency history of a person who has been convicted	485
of, pleaded guilty to, or been adjudicated a delinquent child for	486
committing a sexually oriented offense or a child-victim oriented	487
offense for the purposes described in division (C)(2) of this	488
section.	489

(E) The attorney general shall adopt rules, in accordance	490
with Chapter 119. of the Revised Code, setting forth the procedure	491
by which a person may receive or release information gathered by	492
the superintendent pursuant to division (A) of this section. A	493
reasonable fee may be charged for this service. If a temporary	494
employment service submits a request for a determination of	495
whether a person the service plans to refer to an employment	496
position has been convicted of or pleaded guilty to an offense	497
listed in division (A)(1), (3), (4), (5), or (6) of section	498
109.572 of the Revised Code, the request shall be treated as a	499
single request and only one fee shall be charged.	500

(F)(1) As used in division (F)(2) of this section, "head	501
start agency" means an entity in this state that has been approved	502
to be an agency for purposes of subchapter II of the "Community	503
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	504
as amended.	505

(2)(a) In addition to or in conjunction with any request that	506
is required to be made under section 109.572, 2151.86, 3301.32,	507
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	508
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	509
education of any school district; the director of mental	510
retardation and developmental disabilities; any county board of	511
mental retardation and developmental disabilities; any entity	512
under contract with a county board of mental retardation and	513
developmental disabilities; the chief administrator of any	514
chartered nonpublic school; the chief administrator of any home	515
health agency; the chief administrator of or person operating any	516
child day-care center, type A family day-care home, or type B	517
family day-care home licensed or certified under Chapter 5104. of	518
the Revised Code; the administrator of any type C family day-care	519
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	520
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	521
general assembly; the chief administrator of any head start	522
agency; or the executive director of a public children services	523
agency may request that the superintendent of the bureau	524
investigate and determine, with respect to any individual who has	525
applied for employment in any position after October 2, 1989, or	526
any individual wishing to apply for employment with a board of	527
education may request, with regard to the individual, whether the	528
bureau has any information gathered under division (A) of this	529
section that pertains to that individual. On receipt of the	530
request, the superintendent shall determine whether that	531
information exists and, upon request of the person, board, or	532
entity requesting information, also shall request from the federal	533
bureau of investigation any criminal records it has pertaining to	534
that individual. The superintendent or the superintendent's	535
designee also may request criminal history records from other	536
states or the federal government pursuant to the national crime	537
prevention and privacy compact set forth in section 109.571 of the	538
Revised Code. Within thirty days of the date that the	539
superintendent receives a request, the superintendent shall send	540
to the board, entity, or person a report of any information that	541
the superintendent determines exists, including information	542
contained in records that have been sealed under section 2953.32	543
of the Revised Code, and, within thirty days of its receipt, shall	544
send the board, entity, or person a report of any information	545
received from the federal bureau of investigation, other than	546
information the dissemination of which is prohibited by federal	547
law.	548

(b) When a board of education is required to receive	549
information under this section as a prerequisite to employment of	550
an individual pursuant to section 3319.39 of the Revised Code, it	551
may accept a certified copy of records that were issued by the	552
bureau of criminal identification and investigation and that are	553
presented by an individual applying for employment with the	554
district in lieu of requesting that information itself. In such a	555
case, the board shall accept the certified copy issued by the	556
bureau in order to make a photocopy of it for that individual's	557
employment application documents and shall return the certified	558
copy to the individual. In a case of that nature, a district only	559
shall accept a certified copy of records of that nature within one	560
year after the date of their issuance by the bureau.	561

(3) The state board of education may request, with respect to	562
any individual who has applied for employment after October 2,	563
1989, in any position with the state board or the department of	564
education, any information that a school district board of	565
education is authorized to request under division (F)(2) of this	566
section, and the superintendent of the bureau shall proceed as if	567
the request has been received from a school district board of	568
education under division (F)(2) of this section.	569

(4) When the superintendent of the bureau receives a request	570
for information under section 3319.291 of the Revised Code, the	571
superintendent shall proceed as if the request has been received	572
from a school district board of education under division (F)(2) of	573
this section.	574

(5) When a recipient of a classroom reading improvement grant	575
paid under section 3301.86 of the Revised Code requests, with	576
respect to any individual who applies to participate in providing	577
any program or service funded in whole or in part by the grant,	578
the information that a school district board of education is	579
authorized to request under division (F)(2)(a) of this section,	580
the superintendent of the bureau shall proceed as if the request	581
has been received from a school district board of education under	582
division (F)(2)(a) of this section.	583

(G) In addition to or in conjunction with any request that is	584
required to be made under section 3701.881, 3712.09, 3721.121, or	585
3722.151 of the Revised Code with respect to an individual who has	586
applied for employment in a position that involves providing	587
direct care to an older adult, the chief administrator of a home	588
health agency, hospice care program, home licensed under Chapter	589
3721. of the Revised Code, adult day-care program operated	590
pursuant to rules adopted under section 3721.04 of the Revised	591
Code, or adult care facility may request that the superintendent	592
of the bureau investigate and determine, with respect to any	593
individual who has applied after January 27, 1997, for employment	594
in a position that does not involve providing direct care to an	595
older adult, whether the bureau has any information gathered under	596
division (A) of this section that pertains to that individual.	597

In addition to or in conjunction with any request that is	598
required to be made under section 173.27 of the Revised Code with	599
respect to an individual who has applied for employment in a	600
position that involves providing ombudsperson services to	601
residents of long-term care facilities or recipients of	602
community-based long-term care services, the state long-term care	603
ombudsperson, ombudsperson's designee, or director of health may	604
request that the superintendent investigate and determine, with	605
respect to any individual who has applied for employment in a	606
position that does not involve providing such ombudsperson	607
services, whether the bureau has any information gathered under	608
division (A) of this section that pertains to that applicant.	609

In addition to or in conjunction with any request that is	610
required to be made under section 173.394 of the Revised Code with	611
respect to an individual who has applied for employment in a	612
position that involves providing direct care to an individual, the	613
chief administrator of a community-based long-term care agency may	614
request that the superintendent investigate and determine, with	615
respect to any individual who has applied for employment in a	616
position that does not involve providing direct care, whether the	617
bureau has any information gathered under division (A) of this	618
section that pertains to that applicant.	619

On receipt of a request under this division, the	620
superintendent shall determine whether that information exists	621
and, on request of the individual requesting information, shall	622
also request from the federal bureau of investigation any criminal	623
records it has pertaining to the applicant. The superintendent or	624
the superintendent's designee also may request criminal history	625
records from other states or the federal government pursuant to	626
the national crime prevention and privacy compact set forth in	627
section 109.571 of the Revised Code. Within thirty days of the	628
date a request is received, the superintendent shall send to the	629
requester a report of any information determined to exist,	630
including information contained in records that have been sealed	631
under section 2953.32 of the Revised Code, and, within thirty days	632
of its receipt, shall send the requester a report of any	633
information received from the federal bureau of investigation,	634
other than information the dissemination of which is prohibited by	635
federal law.	636

(H) Information obtained by a government entity or person	637
under this section is confidential and shall not be released or	638
disseminated.	639

(I) The superintendent may charge a reasonable fee for	640
providing information or criminal records under division (F)(2) or	641
(G) of this section.	642

(J) As used in this section, "sexually oriented offense" and	643
"child-victim oriented offense" have the same meanings as in	644
section 2950.01 of the Revised Code.	645

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

646

(1) "Federal poverty level" means the income level	647
represented by the poverty guidelines as revised annually by the	648
United States department of health and human services in	649
accordance with section 673(2) of the "Omnibus Reconciliation Act	650
of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family	651
size equal to the size of the family of the person whose income is	652
being determined.	653

(2) "Registration year" of an offender means one of the	654
following:	655

(a) The twelve-month period beginning on the anniversary,	656
occurring on or after January 1, 2004, of the date on which an	657
offender's registration period began in accordance with section	658
2950.07 of the Revised Code;	659

(b) The twelve-month period beginning on the date on which an	660
offender's registration period begins, on or after January 1,	661
2004, in accordance with section 2950.07 of the Revised Code.	662

(3) "Sexually oriented offense," "child-victim oriented	663
offense," and "tier III sex offender/child-victim offender" have	664
the same meanings as in section 2950.01 of the Revised Code.	665

(B) The sheriff may charge a fee each time a person does any	666
of the following:	667

(1) Registers under section 2950.04 or 2950.041 of the	668
Revised Code;	669

(2) Registers a new residence address under section 2950.05	670
of the Revised Code;	671

(3) Verifies a current residence address under section	672
2950.06 of the Revised Code.	673

(C) If the sheriff charges one or more fees provided for in	674
division (B) of this section, all of the following apply:	675

(1) The sheriff shall not require the payment of any fee from	676
a delinquent child until the delinquent child reaches eighteen	677
years of age. When a delinquent child reaches eighteen years of	678
age and the sheriff charges a fee to the delinquent child, the	679
provisions of this section applicable to "offenders" shall be	680
construed to apply to the delinquent child.	681

(2) For an offender who has been adjudicated a sexual	682
predator or child-victim predator or who has a duty to register as	683
a result of committing an aggravated sexually oriented offenseis	684
a tier III sex offender/child-victim offender, the fees may not	685
exceed a total of one hundred dollars for each registration year.	686

(3) For an offender who has been determined to be a habitual	687
sexual offender or a habitual child-victim offender, who is not	688
described in division (C)(2) of this section, and for whom the	689
sentencing judge has required community notification, the fees may	690
not exceed a total of fifty dollars for each registration year.	691

(4) For an offender who has been convicted of or pleaded	692
guilty to a sexually oriented offense that is not a	693
registration-exempt sexually oriented offense or a child-victim	694
offense and who is not described in division (C)(2) or (3) of this	695
section, the fees may not exceed a total of twenty-five dollars	696
for each registration year.	697

(5)(4) An offender who is required to pay a fee shall retain	698
the receipts received under section 325.28 of the Revised Code for	699
payments made during the offender's registration year to establish	700
that the payment of any fee will exceed the maximum annual amount	701
permissible under this division.	702

(6)(5) The sheriff shall not refuse to register a person,	703
register a new residence address of a person, or verify the	704
current residence address of a person, who does not pay a fee the	705
sheriff requires under this section.	706

(7)(6) The sheriff shall report unpaid fees in accordance	707
with division (C) of section 325.31 of the Revised Code, and the	708
county may recover those fees in a civil action in the same manner	709
as other money due the county.	710

(D) Each time a person appears before the sheriff to provide	711
any registration or verification specified in division (B) of this	712
section for which the sheriff charges a fee, the sheriff shall	713
determine whether the person is able to pay the fee. In making	714
that determination, the sheriff shall determine whether the	715
person's income is less than one hundred twenty-five per cent of	716
the federal poverty level. A person whose income is equal to or	717
greater than one hundred twenty-five per cent of the federal	718
poverty level shall be considered able to pay the fee.	719

(E) If a sheriff determines a person's income is less than	720
one hundred twenty-five per cent of the federal poverty level, the	721
sheriff shall waive payment of the fee. If the sheriff determines	722
a person's income is equal to or greater than one hundred	723
twenty-five per cent of the federal poverty level, the sheriff may	724
allow the person to pay the fee in accordance with a payment	725
schedule the sheriff establishes based on the person's ability to	726
pay. The sheriff shall document any waiver or alternative fee	727
arrangement in the official registration records of the sheriff's	728
office and shall provide the offender with a written copy of any	729
waiver or alternative fee arrangement.	730

(F) All fees paid to a sheriff under this section shall be	731
paid into the county treasury to the credit of the county general	732
fund and shall be allocated to the sheriff to be used to defray	733
the costs of registering sex offenders and child-victim offenders	734
and providing community notification under Chapter 2950. of the	735
Revised Code.	736

(G) If an offender has registered with a sheriff and	737
subsequently relocates to a different county during a registration	738
year, the annual maximum amounts set forth in division (C) of this	739
section shall apply to the sheriff in the new county, and that	740
sheriff shall consider any payments already made by the offender	741
for purposes of determining when the applicable maximum has been	742
met for the offender's registration year.	743

Sec. 1923.01.  (A) As provided in this chapter, any judge of	744
a county or municipal court or a court of common pleas, within the	745
judge's proper area of jurisdiction, may inquire about persons who	746
make unlawful and forcible entry into lands or tenements and	747
detain them, and about persons who make a lawful and peaceable	748
entry into lands or tenements and hold them unlawfully and by	749
force. If, upon the inquiry, it is found that an unlawful and	750
forcible entry has been made and the lands or tenements are	751
detained, or that, after a lawful entry, lands or tenements are	752
held unlawfully and by force, a judge shall cause the plaintiff in	753
an action under this chapter to have restitution of the lands or	754
tenements.	755

(B) An action shall be brought under this chapter within two	756
years after the cause of action accrues.	757

(C) As used in this chapter:

758

(1) "Tenant" means a person who is entitled under a rental	759
agreement to the use or occupancy of premises, other than premises	760
located in a manufactured home park, to the exclusion of others.	761

(2) "Landlord" means the owner, lessor, or sublessor of	762
premises, or the agent or person the landlord authorizes to manage	763
premises or to receive rent from a tenant under a rental	764
agreement, except, if required by the facts of the action to which	765
the term is applied, "landlord" means a park operator.	766

(3) "Park operator," "manufactured home," "mobile home,"	767
"manufactured home park," and "resident" have the same meanings as	768
in section 3733.01 of the Revised Code.	769

(4) "Residential premises" has the same meaning as in section	770
5321.01 of the Revised Code, except, if required by the facts of	771
the action to which the term is applied, "residential premises"	772
has the same meaning as in section 3733.01 of the Revised Code.	773

(5) "Rental agreement" means any agreement or lease, written	774
or oral, that establishes or modifies the terms, conditions,	775
rules, or other provisions concerning the use or occupancy of	776
premises by one of the parties to the agreement or lease, except	777
that "rental agreement," as used in division (A)(13) of section	778
1923.02 of the Revised Code and where the context requires as used	779
in this chapter, means a rental agreement as defined in division	780
(D) of section 5322.01 of the Revised Code.	781

(6) "Controlled substance" has the same meaning as in section	782
3719.01 of the Revised Code.	783

(7) "School premises" has the same meaning as in section	784
2925.01 of the Revised Code.	785

(8) "Sexually oriented offense" and "child-victim oriented	786
offense" have the same meanings as in section 2950.01 of the	787
Revised Code.	788

(9) "Recreational vehicle" has the same meaning as in section	789
4501.01 of the Revised Code.	790

(10) "Preschool or child day-care center premises" has the	791
same meaning as in section 2950.034 of the Revised Code.	792

Sec. 1923.02.  (A) Proceedings under this chapter may be had	793
as follows:	794

(1) Against tenants or manufactured home park residents	795
holding over their terms;	796

(2) Against tenants or manufactured home park residents in	797
possession under an oral tenancy, who are in default in the	798
payment of rent as provided in division (B) of this section;	799

(3) In sales of real estate, on executions, orders, or other	800
judicial process, when the judgment debtor was in possession at	801
the time of the rendition of the judgment or decree, by virtue of	802
which the sale was made;	803

(4) In sales by executors, administrators, or guardians, and	804
on partition, when any of the parties to the complaint were in	805
possession at the commencement of the action, after the sales, so	806
made on execution or otherwise, have been examined by the proper	807
court and adjudged legal;	808

(5) When the defendant is an occupier of lands or tenements,	809
without color of title, and the complainant has the right of	810
possession to them;	811

(6) In any other case of the unlawful and forcible detention	812
of lands or tenements. For purposes of this division, in addition	813
to any other type of unlawful and forcible detention of lands or	814
tenements, such a detention may be determined to exist when both	815
of the following apply:	816

(a) A tenant fails to vacate residential premises within	817
three days after both of the following occur:	818

(i) The tenant's landlord has actual knowledge of or has	819
reasonable cause to believe that the tenant, any person in the	820
tenant's household, or any person on the premises with the consent	821
of the tenant previously has or presently is engaged in a	822
violation of Chapter 2925. or 3719. of the Revised Code, or of a	823
municipal ordinance that is substantially similar to any section	824
in either of those chapters, which involves a controlled substance	825
and which occurred in, is occurring in, or otherwise was or is	826
connected with the premises, whether or not the tenant or other	827
person has been charged with, has pleaded guilty to or been	828
convicted of, or has been determined to be a delinquent child for	829
an act that, if committed by an adult, would be a violation as	830
described in this division. For purposes of this division, a	831
landlord has "actual knowledge of or has reasonable cause to	832
believe" that a tenant, any person in the tenant's household, or	833
any person on the premises with the consent of the tenant	834
previously has or presently is engaged in a violation as described	835
in this division if a search warrant was issued pursuant to	836
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	837
affidavit presented to obtain the warrant named or described the	838
tenant or person as the individual to be searched and particularly	839
described the tenant's premises as the place to be searched, named	840
or described one or more controlled substances to be searched for	841
and seized, stated substantially the offense under Chapter 2925.	842
or 3719. of the Revised Code or the substantially similar	843
municipal ordinance that occurred in, is occurring in, or	844
otherwise was or is connected with the tenant's premises, and	845
states the factual basis for the affiant's belief that the	846
controlled substances are located on the tenant's premises; the	847
warrant was properly executed by a law enforcement officer and any	848
controlled substance described in the affidavit was found by that	849
officer during the search and seizure; and, subsequent to the	850
search and seizure, the landlord was informed by that or another	851
law enforcement officer of the fact that the tenant or person has	852
or presently is engaged in a violation as described in this	853
division and it occurred in, is occurring in, or otherwise was or	854
is connected with the tenant's premises.	855

(ii) The landlord gives the tenant the notice required by	856
division (C) of section 5321.17 of the Revised Code.	857

(b) The court determines, by a preponderance of the evidence,	858
that the tenant, any person in the tenant's household, or any	859
person on the premises with the consent of the tenant previously	860
has or presently is engaged in a violation as described in	861
division (A)(6)(a)(i) of this section.	862

(7) In cases arising out of Chapter 5313. of the Revised	863
Code. In those cases, the court has the authority to declare a	864
forfeiture of the vendee's rights under a land installment	865
contract and to grant any other claims arising out of the	866
contract.	867

(8) Against tenants who have breached an obligation that is	868
imposed by section 5321.05 of the Revised Code, other than the	869
obligation specified in division (A)(9) of that section, and that	870
materially affects health and safety. Prior to the commencement of	871
an action under this division, notice shall be given to the tenant	872
and compliance secured with section 5321.11 of the Revised Code.	873

(9) Against tenants who have breached an obligation imposed	874
upon them by a written rental agreement;	875

(10) Against manufactured home park residents who have	876
defaulted in the payment of rent or breached the terms of a rental	877
agreement with a manufactured home park operator. Nothing in this	878
division precludes the commencement of an action under division	879
(A)(12) of this section when the additional circumstances	880
described in that division apply.	881

(11) Against manufactured home park residents who have	882
committed two material violations of the rules of the manufactured	883
home park, of the public health council, or of applicable state	884
and local health and safety codes and who have been notified of	885
the violations in compliance with section 3733.13 of the Revised	886
Code;	887

(12) Against a manufactured home park resident, or the estate	888
of a manufactured home park resident, who has been absent from the	889
manufactured home park for a period of thirty consecutive days	890
prior to the commencement of an action under this division and	891
whose manufactured home or mobile home, or recreational vehicle	892
that is parked in the manufactured home park, has been left	893
unoccupied for that thirty-day period, without notice to the park	894
operator and without payment of rent due under the rental	895
agreement with the park operator;	896

(13) Against occupants of self-service storage facilities, as	897
defined in division (A) of section 5322.01 of the Revised Code,	898
who have breached the terms of a rental agreement or violated	899
section 5322.04 of the Revised Code;	900

(14) Against any resident or occupant who, pursuant to a	901
rental agreement, resides in or occupies residential premises	902
located within one thousand feet of any school premises or	903
preschool or child day-care center premises and to whom both of	904
the following apply:	905

(a) The resident's or occupant's name appears on the state	906
registry of sex offenders and child-victim offenders maintained	907
under section 2950.13 of the Revised Code.	908

(b) The state registry of sex offenders and child-victim	909
offenders indicates that the resident or occupant was convicted of	910
or pleaded guilty to either a sexually oriented offense that is	911
not a registration-exempt sexually oriented offense or a	912
child-victim oriented offense in a criminal prosecution and was	913
not sentenced to a serious youthful offender dispositional	914
sentence for that offense.	915

(15) Against any tenant who permits any person to occupy	916
residential premises located within one thousand feet of any	917
school premises or preschool or child day-care center premises if	918
both of the following apply to the person:	919

(a) The person's name appears on the state registry of sex	920
offenders and child-victim offenders maintained under section	921
2950.13 of the Revised Code.	922

(b) The state registry of sex offenders and child-victim	923
offenders indicates that the person was convicted of or pleaded	924
guilty to either a sexually oriented offense that is not a	925
registration-exempt sexually oriented offense or a child-victim	926
oriented offense in a criminal prosecution and was not sentenced	927
to a serious youthful offender dispositional sentence for that	928
offense.	929

(B) If a tenant or manufactured home park resident holding	930
under an oral tenancy is in default in the payment of rent, the	931
tenant or resident forfeits the right of occupancy, and the	932
landlord may, at the landlord's option, terminate the tenancy by	933
notifying the tenant or resident, as provided in section 1923.04	934
of the Revised Code, to leave the premises, for the restitution of	935
which an action may then be brought under this chapter.	936

(C)(1) If a tenant or any other person with the tenant's	937
permission resides in or occupies residential premises that are	938
located within one thousand feet of any school premises and is a	939
resident or occupant of the type described in division (A)(14) of	940
this section or a person of the type described in division (A)(15)	941
of this section, the landlord for those residential premises, upon	942
discovery that the tenant or other person is a resident, occupant,	943
or person of that nature, may terminate the rental agreement or	944
tenancy for those residential premises by notifying the tenant and	945
all other occupants, as provided in section 1923.04 of the Revised	946
Code, to leave the premises.	947

(2) If a landlord is authorized to terminate a rental	948
agreement or tenancy pursuant to division (C)(1) of this section	949
but does not so terminate the rental agreement or tenancy, the	950
landlord is not liable in a tort or other civil action in damages	951
for any injury, death, or loss to person or property that	952
allegedly result from that decision.	953

(D) This chapter does not apply to a student tenant as	954
defined by division (H) of section 5321.01 of the Revised Code	955
when the college or university proceeds to terminate a rental	956
agreement pursuant to section 5321.031 of the Revised Code.	957

Sec. 2151.23.  (A) The juvenile court has exclusive original	958
jurisdiction under the Revised Code as follows:	959

(1) Concerning any child who on or about the date specified	960
in the complaint, indictment, or information is alleged to have	961
violated section 2151.87 of the Revised Code or an order issued	962
under that section or to be a juvenile traffic offender or a	963
delinquent, unruly, abused, neglected, or dependent child and,	964
based on and in relation to the allegation pertaining to the	965
child, concerning the parent, guardian, or other person having	966
care of a child who is alleged to be an unruly or delinquent child	967
for being an habitual or chronic truant;	968

(2) Subject to divisions (G) and (V) of section 2301.03 of	969
the Revised Code, to determine the custody of any child not a ward	970
of another court of this state;	971

(3) To hear and determine any application for a writ of	972
habeas corpus involving the custody of a child;	973

(4) To exercise the powers and jurisdiction given the probate	974
division of the court of common pleas in Chapter 5122. of the	975
Revised Code, if the court has probable cause to believe that a	976
child otherwise within the jurisdiction of the court is a mentally	977
ill person subject to hospitalization by court order, as defined	978
in section 5122.01 of the Revised Code;	979

(5) To hear and determine all criminal cases charging adults	980
with the violation of any section of this chapter;	981

(6) To hear and determine all criminal cases in which an	982
adult is charged with a violation of division (C) of section	983
2919.21, division (B)(1) of section 2919.22, section 2919.222,	984
division (B) of section 2919.23, or section 2919.24 of the Revised	985
Code, provided the charge is not included in an indictment that	986
also charges the alleged adult offender with the commission of a	987
felony arising out of the same actions that are the basis of the	988
alleged violation of division (C) of section 2919.21, division	989
(B)(1) of section 2919.22, section 2919.222, division (B) of	990
section 2919.23, or section 2919.24 of the Revised Code;	991

(7) Under the interstate compact on juveniles in section	992
2151.56 of the Revised Code;	993

(8) Concerning any child who is to be taken into custody	994
pursuant to section 2151.31 of the Revised Code, upon being	995
notified of the intent to take the child into custody and the	996
reasons for taking the child into custody;	997

(9) To hear and determine requests for the extension of	998
temporary custody agreements, and requests for court approval of	999
permanent custody agreements, that are filed pursuant to section	1000
5103.15 of the Revised Code;	1001

(10) To hear and determine applications for consent to marry	1002
pursuant to section 3101.04 of the Revised Code;	1003

(11) Subject to divisions (G) and (V) of section 2301.03 of	1004
the Revised Code, to hear and determine a request for an order for	1005
the support of any child if the request is not ancillary to an	1006
action for divorce, dissolution of marriage, annulment, or legal	1007
separation, a criminal or civil action involving an allegation of	1008
domestic violence, or an action for support brought under Chapter	1009
3115. of the Revised Code;	1010

(12) Concerning an action commenced under section 121.38 of	1011
the Revised Code;	1012

(13) To hear and determine violations of section 3321.38 of	1013
the Revised Code;	1014

(14) To exercise jurisdiction and authority over the parent,	1015
guardian, or other person having care of a child alleged to be a	1016
delinquent child, unruly child, or juvenile traffic offender,	1017
based on and in relation to the allegation pertaining to the	1018
child;	1019

(15) To conduct the hearings, and to make the determinations,	1020
adjudications, and orders authorized or required under sections	1021
2152.82 to 2152.852152.86 and Chapter 2950. of the Revised Code	1022
regarding a child who has been adjudicated a delinquent child and	1023
to refer the duties conferred upon the juvenile court judge under	1024
sections 2152.82 to 2152.852152.86 and Chapter 2950. of the	1025
Revised Code to magistrates appointed by the juvenile court judge	1026
in accordance with Juvenile Rule 40.	1027

(B) Except as provided in divisions (G) and (I) of section	1028
2301.03 of the Revised Code, the juvenile court has original	1029
jurisdiction under the Revised Code:	1030

(1) To hear and determine all cases of misdemeanors charging	1031
adults with any act or omission with respect to any child, which	1032
act or omission is a violation of any state law or any municipal	1033
ordinance;	1034

(2) To determine the paternity of any child alleged to have	1035
been born out of wedlock pursuant to sections 3111.01 to 3111.18	1036
of the Revised Code;	1037

(3) Under the uniform interstate family support act in	1038
Chapter 3115. of the Revised Code;	1039

(4) To hear and determine an application for an order for the	1040
support of any child, if the child is not a ward of another court	1041
of this state;	1042

(5) To hear and determine an action commenced under section	1043
3111.28 of the Revised Code;	1044

(6) To hear and determine a motion filed under section	1045
3119.961 of the Revised Code;	1046

(7) To receive filings under section 3109.74 of the Revised	1047
Code, and to hear and determine actions arising under sections	1048
3109.51 to 3109.80 of the Revised Code.	1049

(8) To enforce an order for the return of a child made under	1050
the Hague Convention on the Civil Aspects of International Child	1051
Abduction pursuant to section 3127.32 of the Revised Code;	1052

(9) To grant any relief normally available under the laws of	1053
this state to enforce a child custody determination made by a	1054
court of another state and registered in accordance with section	1055
3127.35 of the Revised Code.	1056

(C) The juvenile court, except as to juvenile courts that are	1057
a separate division of the court of common pleas or a separate and	1058
independent juvenile court, has jurisdiction to hear, determine,	1059
and make a record of any action for divorce or legal separation	1060
that involves the custody or care of children and that is filed in	1061
the court of common pleas and certified by the court of common	1062
pleas with all the papers filed in the action to the juvenile	1063
court for trial, provided that no certification of that nature	1064
shall be made to any juvenile court unless the consent of the	1065
juvenile judge first is obtained. After a certification of that	1066
nature is made and consent is obtained, the juvenile court shall	1067
proceed as if the action originally had been begun in that court,	1068
except as to awards for spousal support or support due and unpaid	1069
at the time of certification, over which the juvenile court has no	1070
jurisdiction.	1071

(D) The juvenile court, except as provided in divisions (G)	1072
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1073
to hear and determine all matters as to custody and support of	1074
children duly certified by the court of common pleas to the	1075
juvenile court after a divorce decree has been granted, including	1076
jurisdiction to modify the judgment and decree of the court of	1077
common pleas as the same relate to the custody and support of	1078
children.	1079

(E) The juvenile court, except as provided in divisions (G)	1080
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1081
to hear and determine the case of any child certified to the court	1082
by any court of competent jurisdiction if the child comes within	1083
the jurisdiction of the juvenile court as defined by this section.	1084

(F)(1) The juvenile court shall exercise its jurisdiction in	1085
child custody matters in accordance with sections 3109.04, 3127.01	1086
to 3127.53, and 5103.20 to 5103.22 of the Revised Code.	1087

(2) The juvenile court shall exercise its jurisdiction in	1088
child support matters in accordance with section 3109.05 of the	1089
Revised Code.	1090

(G) Any juvenile court that makes or modifies an order for	1091
child support shall comply with Chapters 3119., 3121., 3123., and	1092
3125. of the Revised Code. If any person required to pay child	1093
support under an order made by a juvenile court on or after April	1094
15, 1985, or modified on or after December 1, 1986, is found in	1095
contempt of court for failure to make support payments under the	1096
order, the court that makes the finding, in addition to any other	1097
penalty or remedy imposed, shall assess all court costs arising	1098
out of the contempt proceeding against the person and require the	1099
person to pay any reasonable attorney's fees of any adverse party,	1100
as determined by the court, that arose in relation to the act of	1101
contempt.	1102

(H) If a child who is charged with an act that would be an	1103
offense if committed by an adult was fourteen years of age or	1104
older and under eighteen years of age at the time of the alleged	1105
act and if the case is transferred for criminal prosecution	1106
pursuant to section 2152.12 of the Revised Code, the juvenile	1107
court does not have jurisdiction to hear or determine the case	1108
subsequent to the transfer. The court to which the case is	1109
transferred for criminal prosecution pursuant to that section has	1110
jurisdiction subsequent to the transfer to hear and determine the	1111
case in the same manner as if the case originally had been	1112
commenced in that court, including, but not limited to,	1113
jurisdiction to accept a plea of guilty or another plea authorized	1114
by Criminal Rule 11 or another section of the Revised Code and	1115
jurisdiction to accept a verdict and to enter a judgment of	1116
conviction pursuant to the Rules of Criminal Procedure against the	1117
child for the commission of the offense that was the basis of the	1118
transfer of the case for criminal prosecution, whether the	1119
conviction is for the same degree or a lesser degree of the	1120
offense charged, for the commission of a lesser-included offense,	1121
or for the commission of another offense that is different from	1122
the offense charged.	1123

(I) If a person under eighteen years of age allegedly commits	1124
an act that would be a felony if committed by an adult and if the	1125
person is not taken into custody or apprehended for that act until	1126
after the person attains twenty-one years of age, the juvenile	1127
court does not have jurisdiction to hear or determine any portion	1128
of the case charging the person with committing that act. In those	1129
circumstances, divisions (A) and (B) of section 2152.12 of the	1130
Revised Code do not apply regarding the act, and the case charging	1131
the person with committing the act shall be a criminal prosecution	1132
commenced and heard in the appropriate court having jurisdiction	1133
of the offense as if the person had been eighteen years of age or	1134
older when the person committed the act. All proceedings	1135
pertaining to the act shall be within the jurisdiction of the	1136
court having jurisdiction of the offense, and that court has all	1137
the authority and duties in the case that it has in other criminal	1138
cases in that court.	1139

Sec. 2151.357.  (A) If the court orders the records of a	1140
person sealed pursuant to section 2151.356 of the Revised Code,	1141
the person who is subject of the order properly may, and the court	1142
shall, reply that no record exists with respect to the person upon	1143
any inquiry in the matter, and the court, except as provided in	1144
division (D) of this section, shall do all of the following:	1145

(1) Order that the proceedings in a case described in	1146
divisions (B) and (C) of section 2151.356 of the Revised Code be	1147
deemed never to have occurred;	1148

(2) Except as provided in division (C) of this section,	1149
delete all index references to the case and the person so that the	1150
references are permanently irretrievable;	1151

(3) Order that all original records of the case maintained by	1152
any public office or agency, except fingerprints held by a law	1153
enforcement agency, DNA specimens collected pursuant to section	1154
2152.74 of the Revised Code, and DNA records derived from DNA	1155
specimens pursuant to section 109.573 of the Revised Code, be	1156
delivered to the court;	1157

(4) Order each public office or agency, upon the delivering	1158
of records to the court under division (A)(3) of this section, to	1159
expunge remaining records of the case that are the subject of the	1160
sealing order that are maintained by that public office or agency,	1161
except fingerprints, DNA specimens, and DNA records described	1162
under division (A)(3) of this section;	1163

(5) Send notice of the order to seal to any public office or	1164
agency that the court has reason to believe may have a record of	1165
the sealed record;	1166

(6) Seal all of the records delivered to the court under	1167
division (A)(3) of this section, in a separate file in which only	1168
sealed records are maintained.	1169

(B) Except as provided in division (D) of this section, an	1170
order to seal under section 2151.356 of the Revised Code applies	1171
to every public office or agency that has a record relating to the	1172
case, regardless of whether it receives notice of the hearing on	1173
the sealing of the record or a copy of the order. Except as	1174
provided in division (D) of this section, upon the written request	1175
of a person whose record has been sealed and the presentation of a	1176
copy of the order and compliance with division (A)(3) of this	1177
section, a public office or agency shall expunge its record	1178
relating to the case, except a record of the adjudication or	1179
arrest or taking into custody that is maintained for compiling	1180
statistical data and that does not contain any reference to the	1181
person who is the subject of the order.	1182

(C) The court that maintains sealed records pursuant to this	1183
section may maintain a manual or computerized index of the sealed	1184
records and shall make the index available only for the purposes	1185
set forth in division (E) of this section.	1186

(1) Each entry regarding a sealed record in the index of	1187
sealed records shall contain all of the following:	1188

(a) The name of the person who is the subject of the sealed	1189
record;	1190

(b) An alphanumeric identifier relating to the person who is	1191
the subject of the sealed record;	1192

(c) The word "sealed";

1193

(d) The name of the court that has custody of the sealed	1194
record.	1195

(2) Any entry regarding a sealed record in the index of	1196
sealed records shall not contain either of the following:	1197

(a) The social security number of the person who is subject	1198
of the sealed record;	1199

(b) The name or a description of the act committed.

1200

(D) Notwithstanding any provision of this section that	1201
requires otherwise, a board of education of a city, local,	1202
exempted village, or joint vocational school district that	1203
maintains records of an individual who has been permanently	1204
excluded under sections 3301.121 and 3313.662 of the Revised Code	1205
is permitted to maintain records regarding an adjudication that	1206
the individual is a delinquent child that was used as the basis	1207
for the individual's permanent exclusion, regardless of a court	1208
order to seal the record. An order issued under section 2151.356	1209
of the Revised Code to seal the record of an adjudication that an	1210
individual is a delinquent child does not revoke the adjudication	1211
order of the superintendent of public instruction to permanently	1212
exclude the individual who is the subject of the sealing order. An	1213
order to seal the record of an adjudication that an individual is	1214
a delinquent child may be presented to a district superintendent	1215
as evidence to support the contention that the superintendent	1216
should recommend that the permanent exclusion of the individual	1217
who is the subject of the sealing order be revoked. Except as	1218
otherwise authorized by this division and sections 3301.121 and	1219
3313.662 of the Revised Code, any school employee in possession of	1220
or having access to the sealed adjudication records of an	1221
individual that were the basis of a permanent exclusion of the	1222
individual is subject to division (F) of this section.	1223

(E) Inspection of records that have been ordered sealed under	1224
section 2151.356 of the Revised Code may be made only by the	1225
following persons or for the following purposes:	1226

(1) By the court;

1227

(2) If the records in question pertain to an act that would	1228
be an offense of violence that would be a felony if committed by	1229
an adult, by any law enforcement officer or any prosecutor, or the	1230
assistants of a law enforcement officer or prosecutor, for any	1231
valid law enforcement or prosecutorial purpose;	1232

(3) Upon application by the person who is the subject of the	1233
sealed records, by the person that is named in that application;	1234

(4) If the records in question pertain to an alleged	1235
violation of division (E)(1) of section 4301.69 of the Revised	1236
Code, by any law enforcement officer or any prosecutor, or the	1237
assistants of a law enforcement officer or prosecutor, for the	1238
purpose of determining whether the person is eligible for	1239
diversion under division (E)(2) of section 4301.69 of the Revised	1240
Code;	1241

(5) At the request of a party in a civil action that is based	1242
on a case the records for which are the subject of a sealing order	1243
issued under section 2151.356 of the Revised Code, as needed for	1244
the civil action. The party also may copy the records as needed	1245
for the civil action. The sealed records shall be used solely in	1246
the civil action and are otherwise confidential and subject to the	1247
provisions of this section;	1248

(6) By the attorney general or an authorized employee of the	1249
attorney general or the court for purposes of determining whether	1250
a child is a public registry-qualified juvenile offender	1251
registrant, as defined in section 2950.01 of the Revised Code, for	1252
purposes of Chapter 2950. of the Revised Code.	1253

(F) No officer or employee of the state or any of its	1254
political subdivisions shall knowingly release, disseminate, or	1255
make available for any purpose involving employment, bonding,	1256
licensing, or education to any person or to any department,	1257
agency, or other instrumentality of the state or of any of its	1258
political subdivisions any information or other data concerning	1259
any arrest, taking into custody, complaint, indictment,	1260
information, trial, hearing, adjudication, or correctional	1261
supervision, the records of which have been sealed pursuant to	1262
section 2151.356 of the Revised Code and the release,	1263
dissemination, or making available of which is not expressly	1264
permitted by this section. Whoever violates this division is	1265
guilty of divulging confidential information, a misdemeanor of the	1266
fourth degree.	1267

(G) In any application for employment, license, or other	1268
right or privilege, any appearance as a witness, or any other	1269
inquiry, a person may not be questioned with respect to any arrest	1270
or taking into custody for which the records were sealed. If an	1271
inquiry is made in violation of this division, the person may	1272
respond as if the sealed arrest or taking into custody did not	1273
occur, and the person shall not be subject to any adverse action	1274
because of the arrest or taking into custody or the response.	1275

(H) The judgment rendered by the court under this chapter	1276
shall not impose any of the civil disabilities ordinarily imposed	1277
by conviction of a crime in that the child is not a criminal by	1278
reason of the adjudication, and no child shall be charged with or	1279
convicted of a crime in any court except as provided by this	1280
chapter. The disposition of a child under the judgment rendered or	1281
any evidence given in court shall not operate to disqualify a	1282
child in any future civil service examination, appointment, or	1283
application. Evidence of a judgment rendered and the disposition	1284
of a child under the judgment is not admissible to impeach the	1285
credibility of the child in any action or proceeding. Otherwise,	1286
the disposition of a child under the judgment rendered or any	1287
evidence given in court is admissible as evidence for or against	1288
the child in any action or proceeding in any court in accordance	1289
with the Rules of Evidence and also may be considered by any court	1290
as to the matter of sentence or to the granting of probation, and	1291
a court may consider the judgment rendered and the disposition of	1292
a child under that judgment for purposes of determining whether	1293
the child, for a future criminal conviction or guilty plea, is a	1294
repeat violent offender, as defined in section 2929.01 of the	1295
Revised Code.	1296

Sec. 2152.02.  As used in this chapter:

1297

(A) "Act charged" means the act that is identified in a	1298
complaint, indictment, or information alleging that a child is a	1299
delinquent child.	1300

(B) "Admitted to a department of youth services facility"	1301
includes admission to a facility operated, or contracted for, by	1302
the department and admission to a comparable facility outside this	1303
state by another state or the United States.	1304

(C)(1) "Child" means a person who is under eighteen years of	1305
age, except as otherwise provided in divisions (C)(2) to (6) of	1306
this section.	1307

(2) Subject to division (C)(3) of this section, any person	1308
who violates a federal or state law or a municipal ordinance prior	1309
to attaining eighteen years of age shall be deemed a "child"	1310
irrespective of that person's age at the time the complaint with	1311
respect to that violation is filed or the hearing on the complaint	1312
is held.	1313

(3) Any person who, while under eighteen years of age,	1314
commits an act that would be a felony if committed by an adult and	1315
who is not taken into custody or apprehended for that act until	1316
after the person attains twenty-one years of age is not a child in	1317
relation to that act.	1318

(4) Any person whose case is transferred for criminal	1319
prosecution pursuant to section 2152.12 of the Revised Code shall	1320
be deemed after the transfer not to be a child in the transferred	1321
case.	1322

(5) Any person whose case is transferred for criminal	1323
prosecution pursuant to section 2152.12 of the Revised Code and	1324
who subsequently is convicted of or pleads guilty to a felony in	1325
that case, and any person who is adjudicated a delinquent child	1326
for the commission of an act, who has a serious youthful offender	1327
dispositional sentence imposed for the act pursuant to section	1328
2152.13 of the Revised Code, and whose adult portion of the	1329
dispositional sentence is invoked pursuant to section 2152.14 of	1330
the Revised Code, shall be deemed after the transfer or invocation	1331
not to be a child in any case in which a complaint is filed	1332
against the person.	1333

(6) The juvenile court has jurisdiction over a person who is	1334
adjudicated a delinquent child or juvenile traffic offender prior	1335
to attaining eighteen years of age until the person attains	1336
twenty-one years of age, and, for purposes of that jurisdiction	1337
related to that adjudication, except as otherwise provided in this	1338
division, a person who is so adjudicated a delinquent child or	1339
juvenile traffic offender shall be deemed a "child" until the	1340
person attains twenty-one years of age. If a person is so	1341
adjudicated a delinquent child or juvenile traffic offender and	1342
the court makes a disposition of the person under this chapter, at	1343
any time after the person attains eighteen years of age, the	1344
places at which the person may be held under that disposition are	1345
not limited to places authorized under this chapter solely for	1346
confinement of children, and the person may be confined under that	1347
disposition, in accordance with division (F)(2) of section 2152.26	1348
of the Revised Code, in places other than those authorized under	1349
this chapter solely for confinement of children.	1350

(D) "Chronic truant" means any child of compulsory school age	1351
who is absent without legitimate excuse for absence from the	1352
public school the child is supposed to attend for seven or more	1353
consecutive school days, ten or more school days in one school	1354
month, or fifteen or more school days in a school year.	1355

(E) "Community corrections facility," "public safety beds,"	1356
"release authority," and "supervised release" have the same	1357
meanings as in section 5139.01 of the Revised Code.	1358

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

1359

(1) Any child, except a juvenile traffic offender, who	1360
violates any law of this state or the United States, or any	1361
ordinance of a political subdivision of the state, that would be	1362
an offense if committed by an adult;	1363

(2) Any child who violates any lawful order of the court made	1364
under this chapter or under Chapter 2151. of the Revised Code	1365
other than an order issued under section 2151.87 of the Revised	1366
Code;	1367

(3) Any child who violates division (C) of section 2907.39	1368
or, division (A) of section 2923.211, or division (C)(1) or (D) of	1369
section 2925.55 of the Revised Code;	1370

(4) Any child who is a habitual truant and who previously has	1371
been adjudicated an unruly child for being a habitual truant;	1372

(5) Any child who is a chronic truant.

1373

(G) "Discretionary serious youthful offender" means a person	1374
who is eligible for a discretionary SYO and who is not transferred	1375
to adult court under a mandatory or discretionary transfer.	1376

(H) "Discretionary SYO" means a case in which the juvenile	1377
court, in the juvenile court's discretion, may impose a serious	1378
youthful offender disposition under section 2152.13 of the Revised	1379
Code.	1380

(I) "Discretionary transfer" means that the juvenile court	1381
has discretion to transfer a case for criminal prosecution under	1382
division (B) of section 2152.12 of the Revised Code.	1383

(J) "Drug abuse offense," "felony drug abuse offense," and	1384
"minor drug possession offense" have the same meanings as in	1385
section 2925.01 of the Revised Code.	1386

(K) "Electronic monitoring" and "electronic monitoring	1387
device" have the same meanings as in section 2929.01 of the	1388
Revised Code.	1389

(L) "Economic loss" means any economic detriment suffered by	1390
a victim of a delinquent act or juvenile traffic offense as a	1391
direct and proximate result of the delinquent act or juvenile	1392
traffic offense and includes any loss of income due to lost time	1393
at work because of any injury caused to the victim and any	1394
property loss, medical cost, or funeral expense incurred as a	1395
result of the delinquent act or juvenile traffic offense.	1396
"Economic loss" does not include non-economic loss or any punitive	1397
or exemplary damages.	1398

(M) "Firearm" has the same meaning as in section 2923.11 of	1399
the Revised Code.	1400

(N) "Juvenile traffic offender" means any child who violates	1401
any traffic law, traffic ordinance, or traffic regulation of this	1402
state, the United States, or any political subdivision of this	1403
state, other than a resolution, ordinance, or regulation of a	1404
political subdivision of this state the violation of which is	1405
required to be handled by a parking violations bureau or a joint	1406
parking violations bureau pursuant to Chapter 4521. of the Revised	1407
Code.	1408

(O) A "legitimate excuse for absence from the public school	1409
the child is supposed to attend" has the same meaning as in	1410
section 2151.011 of the Revised Code.	1411

(P) "Mandatory serious youthful offender" means a person who	1412
is eligible for a mandatory SYO and who is not transferred to	1413
adult court under a mandatory or discretionary transfer.	1414

(Q) "Mandatory SYO" means a case in which the juvenile court	1415
is required to impose a mandatory serious youthful offender	1416
disposition under section 2152.13 of the Revised Code.	1417

(R) "Mandatory transfer" means that a case is required to be	1418
transferred for criminal prosecution under division (A) of section	1419
2152.12 of the Revised Code.	1420

(S) "Mental illness" has the same meaning as in section	1421
5122.01 of the Revised Code.	1422

(T) "Mentally retarded person" has the same meaning as in	1423
section 5123.01 of the Revised Code.	1424

(U) "Monitored time" and "repeat violent offender" have the	1425
same meanings as in section 2929.01 of the Revised Code.	1426

(V) "Of compulsory school age" has the same meaning as in	1427
section 3321.01 of the Revised Code.	1428

(W) "Public record" has the same meaning as in section 149.43	1429
of the Revised Code.	1430

(X) "Serious youthful offender" means a person who is	1431
eligible for a mandatory SYO or discretionary SYO but who is not	1432
transferred to adult court under a mandatory or discretionary	1433
transfer.	1434

(Y) "Sexually oriented offense," "habitual sex offender,"	1435
"juvenile offender registrant," "sexual predator," "presumptive	1436
registration-exempt sexually oriented offense,"	1437
"registration-exempt sexually oriented offense," "child-victim	1438
oriented offense," "habitual child-victim offender," and	1439
"child-victim predator""tier I sex offender/child-victim	1440
offender," "tier II sex offender/child-victim offender," "tier III	1441
sex offender/child-victim offender," and "public	1442
registry-qualified juvenile offender registrant" have the same	1443
meanings as in section 2950.01 of the Revised Code.	1444

(Z) "Traditional juvenile" means a case that is not	1445
transferred to adult court under a mandatory or discretionary	1446
transfer, that is eligible for a disposition under sections	1447
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1448
that is not eligible for a disposition under section 2152.13 of	1449
the Revised Code.	1450

(AA) "Transfer" means the transfer for criminal prosecution	1451
of a case involving the alleged commission by a child of an act	1452
that would be an offense if committed by an adult from the	1453
juvenile court to the appropriate court that has jurisdiction of	1454
the offense.	1455

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

1456

(1) A violation of section 2903.01 or 2903.02 of the Revised	1457
Code;	1458

(2) A violation of section 2923.02 of the Revised Code	1459
involving an attempt to commit aggravated murder or murder.	1460

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

1461

(1) A violation of section 2903.03, 2905.01, 2907.02,	1462
2909.02, 2911.01, or 2911.11 of the Revised Code;	1463

(2) A violation of section 2903.04 of the Revised Code that	1464
is a felony of the first degree;	1465

(3) A violation of section 2907.12 of the Revised Code as it	1466
existed prior to September 3, 1996.	1467

(DD) "Non-economic loss" means nonpecuniary harm suffered by	1468
a victim of a delinquent act or juvenile traffic offense as a	1469
result of or related to the delinquent act or juvenile traffic	1470
offense, including, but not limited to, pain and suffering; loss	1471
of society, consortium, companionship, care, assistance,	1472
attention, protection, advice, guidance, counsel, instruction,	1473
training, or education; mental anguish; and any other intangible	1474
loss.	1475

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	1476
child, the court may make any of the following orders of	1477
disposition, in addition to any other disposition authorized or	1478
required by this chapter:	1479

(1) Any order that is authorized by section 2151.353 of the	1480
Revised Code for the care and protection of an abused, neglected,	1481
or dependent child;	1482

(2) Commit the child to the temporary custody of any school,	1483
camp, institution, or other facility operated for the care of	1484
delinquent children by the county, by a district organized under	1485
section 2152.41 or 2151.65 of the Revised Code, or by a private	1486
agency or organization, within or without the state, that is	1487
authorized and qualified to provide the care, treatment, or	1488
placement required, including, but not limited to, a school, camp,	1489
or facility operated under section 2151.65 of the Revised Code;	1490

(3) Place the child in a detention facility or district	1491
detention facility operated under section 2152.41 of the Revised	1492
Code, for up to ninety days;	1493

(4) Place the child on community control under any sanctions,	1494
services, and conditions that the court prescribes. As a condition	1495
of community control in every case and in addition to any other	1496
condition that it imposes upon the child, the court shall require	1497
the child to abide by the law during the period of community	1498
control. As referred to in this division, community control	1499
includes, but is not limited to, the following sanctions and	1500
conditions:	1501

(a) A period of basic probation supervision in which the	1502
child is required to maintain contact with a person appointed to	1503
supervise the child in accordance with sanctions imposed by the	1504
court;	1505

(b) A period of intensive probation supervision in which the	1506
child is required to maintain frequent contact with a person	1507
appointed by the court to supervise the child while the child is	1508
seeking or maintaining employment and participating in training,	1509
education, and treatment programs as the order of disposition;	1510

(c) A period of day reporting in which the child is required	1511
each day to report to and leave a center or another approved	1512
reporting location at specified times in order to participate in	1513
work, education or training, treatment, and other approved	1514
programs at the center or outside the center;	1515

(d) A period of community service of up to five hundred hours	1516
for an act that would be a felony or a misdemeanor of the first	1517
degree if committed by an adult, up to two hundred hours for an	1518
act that would be a misdemeanor of the second, third, or fourth	1519
degree if committed by an adult, or up to thirty hours for an act	1520
that would be a minor misdemeanor if committed by an adult;	1521

(e) A requirement that the child obtain a high school	1522
diploma, a certificate of high school equivalence, vocational	1523
training, or employment;	1524

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

1525

(g) A requirement of alcohol or drug assessment or	1526
counseling, or a period in an alcohol or drug treatment program	1527
with a level of security for the child as determined necessary by	1528
the court;	1529

(h) A period in which the court orders the child to observe a	1530
curfew that may involve daytime or evening hours;	1531

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

1532

(j) A period of house arrest without electronic monitoring or	1533
continuous alcohol monitoring;	1534

(k) A period of electronic monitoring or continuous alcohol	1535
monitoring without house arrest, or house arrest with electronic	1536
monitoring or continuous alcohol monitoring or both electronic	1537
monitoring and continuous alcohol monitoring, that does not exceed	1538
the maximum sentence of imprisonment that could be imposed upon an	1539
adult who commits the same act.	1540

A period of house arrest with electronic monitoring or	1541
continuous alcohol monitoring or both electronic monitoring and	1542
continuous alcohol monitoring, imposed under this division shall	1543
not extend beyond the child's twenty-first birthday. If a court	1544
imposes a period of house arrest with electronic monitoring or	1545
continuous alcohol monitoring or both electronic monitoring and	1546
continuous alcohol monitoring, upon a child under this division,	1547
it shall require the child: to remain in the child's home or other	1548
specified premises for the entire period of house arrest with	1549
electronic monitoring or continuous alcohol monitoring or both	1550
except when the court permits the child to leave those premises to	1551
go to school or to other specified premises. Regarding electronic	1552
monitoring, the court also shall require the child to be monitored	1553
by a central system that can determine the child's location at	1554
designated times; to report periodically to a person designated by	1555
the court; and to enter into a written contract with the court	1556
agreeing to comply with all requirements imposed by the court,	1557
agreeing to pay any fee imposed by the court for the costs of the	1558
house arrest with electronic monitoring, and agreeing to waive the	1559
right to receive credit for any time served on house arrest with	1560
electronic monitoring toward the period of any other dispositional	1561
order imposed upon the child if the child violates any of the	1562
requirements of the dispositional order of house arrest with	1563
electronic monitoring. The court also may impose other reasonable	1564
requirements upon the child.	1565

Unless ordered by the court, a child shall not receive credit	1566
for any time served on house arrest with electronic monitoring or	1567
continuous alcohol monitoring or both toward any other	1568
dispositional order imposed upon the child for the act for which	1569
was imposed the dispositional order of house arrest with	1570
electronic monitoring or continuous alcohol monitoring. As used in	1571
this division and division (A)(4)(l) of this section, "continuous	1572
alcohol monitoring" has the same meaning as in section 2929.01 of	1573
the Revised Code.	1574

(l) A suspension of the driver's license, probationary	1575
driver's license, or temporary instruction permit issued to the	1576
child for a period of time prescribed by the court, or a	1577
suspension of the registration of all motor vehicles registered in	1578
the name of the child for a period of time prescribed by the	1579
court. A child whose license or permit is so suspended is	1580
ineligible for issuance of a license or permit during the period	1581
of suspension. At the end of the period of suspension, the child	1582
shall not be reissued a license or permit until the child has paid	1583
any applicable reinstatement fee and complied with all	1584
requirements governing license reinstatement.	1585

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

1586

(6) Require the child to not be absent without legitimate	1587
excuse from the public school the child is supposed to attend for	1588
five or more consecutive days, seven or more school days in one	1589
school month, or twelve or more school days in a school year;	1590

(7)(a) If a child is adjudicated a delinquent child for being	1591
a chronic truant or a habitual truant who previously has been	1592
adjudicated an unruly child for being a habitual truant, do either	1593
or both of the following:	1594

(i) Require the child to participate in a truancy prevention	1595
mediation program;	1596

(ii) Make any order of disposition as authorized by this	1597
section, except that the court shall not commit the child to a	1598
facility described in division (A)(2) or (3) of this section	1599
unless the court determines that the child violated a lawful court	1600
order made pursuant to division (C)(1)(e) of section 2151.354 of	1601
the Revised Code or division (A)(6) of this section.	1602

(b) If a child is adjudicated a delinquent child for being a	1603
chronic truant or a habitual truant who previously has been	1604
adjudicated an unruly child for being a habitual truant and the	1605
court determines that the parent, guardian, or other person having	1606
care of the child has failed to cause the child's attendance at	1607
school in violation of section 3321.38 of the Revised Code, do	1608
either or both of the following:	1609

(i) Require the parent, guardian, or other person having care	1610
of the child to participate in a truancy prevention mediation	1611
program;	1612

(ii) Require the parent, guardian, or other person having	1613
care of the child to participate in any community service program,	1614
preferably a community service program that requires the	1615
involvement of the parent, guardian, or other person having care	1616
of the child in the school attended by the child.	1617

(8) Make any further disposition that the court finds proper,	1618
except that the child shall not be placed in any of the following:	1619

(a) A state correctional institution, a county, multicounty,	1620
or municipal jail or workhouse, or another place in which an adult	1621
convicted of a crime, under arrest, or charged with a crime is	1622
held;	1623

(b) A community corrections facility, if the child would be	1624
covered by the definition of public safety beds for purposes of	1625
sections 5139.41 to 5139.43 of the Revised Code if the court	1626
exercised its authority to commit the child to the legal custody	1627
of the department of youth services for institutionalization or	1628
institutionalization in a secure facility pursuant to this	1629
chapter.	1630

(B) If a child is adjudicated a delinquent child, in addition	1631
to any order of disposition made under division (A) of this	1632
section, the court, in the following situations and for the	1633
specified periods of time, shall suspend the child's temporary	1634
instruction permit, restricted license, probationary driver's	1635
license, or nonresident operating privilege, or suspend the	1636
child's ability to obtain such a permit:	1637

(1) If the child is adjudicated a delinquent child for	1638
violating section 2923.122 of the Revised Code, impose a class	1639
four suspension of the child's license, permit, or privilege from	1640
the range specified in division (A)(4) of section 4510.02 of the	1641
Revised Code or deny the child the issuance of a license or permit	1642
in accordance with division (F)(1) of section 2923.122 of the	1643
Revised Code.	1644

(2) If the child is adjudicated a delinquent child for	1645
committing an act that if committed by an adult would be a drug	1646
abuse offense or for violating division (B) of section 2917.11 of	1647
the Revised Code, suspend the child's license, permit, or	1648
privilege for a period of time prescribed by the court. The court,	1649
in its discretion, may terminate the suspension if the child	1650
attends and satisfactorily completes a drug abuse or alcohol abuse	1651
education, intervention, or treatment program specified by the	1652
court. During the time the child is attending a program described	1653
in this division, the court shall retain the child's temporary	1654
instruction permit, probationary driver's license, or driver's	1655
license, and the court shall return the permit or license if it	1656
terminates the suspension as described in this division.	1657

(C) The court may establish a victim-offender mediation	1658
program in which victims and their offenders meet to discuss the	1659
offense and suggest possible restitution. If the court obtains the	1660
assent of the victim of the delinquent act committed by the child,	1661
the court may require the child to participate in the program.	1662

(D)(1) If a child is adjudicated a delinquent child for	1663
committing an act that would be a felony if committed by an adult	1664
and if the child caused, attempted to cause, threatened to cause,	1665
or created a risk of physical harm to the victim of the act, the	1666
court, prior to issuing an order of disposition under this	1667
section, shall order the preparation of a victim impact statement	1668
by the probation department of the county in which the victim of	1669
the act resides, by the court's own probation department, or by a	1670
victim assistance program that is operated by the state, a county,	1671
a municipal corporation, or another governmental entity. The court	1672
shall consider the victim impact statement in determining the	1673
order of disposition to issue for the child.	1674

(2) Each victim impact statement shall identify the victim of	1675
the act for which the child was adjudicated a delinquent child,	1676
itemize any economic loss suffered by the victim as a result of	1677
the act, identify any physical injury suffered by the victim as a	1678
result of the act and the seriousness and permanence of the	1679
injury, identify any change in the victim's personal welfare or	1680
familial relationships as a result of the act and any	1681
psychological impact experienced by the victim or the victim's	1682
family as a result of the act, and contain any other information	1683
related to the impact of the act upon the victim that the court	1684
requires.	1685

(3) A victim impact statement shall be kept confidential and	1686
is not a public record. However, the court may furnish copies of	1687
the statement to the department of youth services if the	1688
delinquent child is committed to the department or to both the	1689
adjudicated delinquent child or the adjudicated delinquent child's	1690
counsel and the prosecuting attorney. The copy of a victim impact	1691
statement furnished by the court to the department pursuant to	1692
this section shall be kept confidential and is not a public	1693
record. If an officer is preparing pursuant to section 2947.06 or	1694
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1695
investigation report pertaining to a person, the court shall make	1696
available to the officer, for use in preparing the report, a copy	1697
of any victim impact statement regarding that person. The copies	1698
of a victim impact statement that are made available to the	1699
adjudicated delinquent child or the adjudicated delinquent child's	1700
counsel and the prosecuting attorney pursuant to this division	1701
shall be returned to the court by the person to whom they were	1702
made available immediately following the imposition of an order of	1703
disposition for the child under this chapter.	1704

The copy of a victim impact statement that is made available	1705
pursuant to this division to an officer preparing a criminal	1706
presentence investigation report shall be returned to the court by	1707
the officer immediately following its use in preparing the report.	1708

(4) The department of youth services shall work with local	1709
probation departments and victim assistance programs to develop a	1710
standard victim impact statement.	1711

(E) If a child is adjudicated a delinquent child for being a	1712
chronic truant or a habitual truant who previously has been	1713
adjudicated an unruly child for being a habitual truant and the	1714
court determines that the parent, guardian, or other person having	1715
care of the child has failed to cause the child's attendance at	1716
school in violation of section 3321.38 of the Revised Code, in	1717
addition to any order of disposition it makes under this section,	1718
the court shall warn the parent, guardian, or other person having	1719
care of the child that any subsequent adjudication of the child as	1720
an unruly or delinquent child for being a habitual or chronic	1721
truant may result in a criminal charge against the parent,	1722
guardian, or other person having care of the child for a violation	1723
of division (C) of section 2919.21 or section 2919.24 of the	1724
Revised Code.	1725

(F)(1) During the period of a delinquent child's community	1726
control granted under this section, authorized probation officers	1727
who are engaged within the scope of their supervisory duties or	1728
responsibilities may search, with or without a warrant, the person	1729
of the delinquent child, the place of residence of the delinquent	1730
child, and a motor vehicle, another item of tangible or intangible	1731
personal property, or other real property in which the delinquent	1732
child has a right, title, or interest or for which the delinquent	1733
child has the express or implied permission of a person with a	1734
right, title, or interest to use, occupy, or possess if the	1735
probation officers have reasonable grounds to believe that the	1736
delinquent child is not abiding by the law or otherwise is not	1737
complying with the conditions of the delinquent child's community	1738
control. The court that places a delinquent child on community	1739
control under this section shall provide the delinquent child with	1740
a written notice that informs the delinquent child that authorized	1741
probation officers who are engaged within the scope of their	1742
supervisory duties or responsibilities may conduct those types of	1743
searches during the period of community control if they have	1744
reasonable grounds to believe that the delinquent child is not	1745
abiding by the law or otherwise is not complying with the	1746
conditions of the delinquent child's community control. The court	1747
also shall provide the written notice described in division (E)(2)	1748
of this section to each parent, guardian, or custodian of the	1749
delinquent child who is described in that division.	1750

(2) The court that places a child on community control under	1751
this section shall provide the child's parent, guardian, or other	1752
custodian with a written notice that informs them that authorized	1753
probation officers may conduct searches pursuant to division	1754
(E)(1) of this section. The notice shall specifically state that a	1755
permissible search might extend to a motor vehicle, another item	1756
of tangible or intangible personal property, or a place of	1757
residence or other real property in which a notified parent,	1758
guardian, or custodian has a right, title, or interest and that	1759
the parent, guardian, or custodian expressly or impliedly permits	1760
the child to use, occupy, or possess.	1761

(G) If a juvenile court commits a delinquent child to the	1762
custody of any person, organization, or entity pursuant to this	1763
section and if the delinquent act for which the child is so	1764
committed is a sexually oriented offense that is not a	1765
registration-exempt sexually oriented offense or is a child-victim	1766
oriented offense, the court in the order of disposition shall do	1767
one of the following:	1768

(1) Require that the child be provided treatment as described	1769
in division (A)(2) of section 5139.13 of the Revised Code;	1770

(2) Inform the person, organization, or entity that it is the	1771
preferred course of action in this state that the child be	1772
provided treatment as described in division (A)(2) of section	1773
5139.13 of the Revised Code and encourage the person,	1774
organization, or entity to provide that treatment.	1775

Sec. 2152.191.  If a child is adjudicated a delinquent child	1776
for committing a sexually oriented offense that is not a	1777
registration-exempt sexually oriented offense or for committing a	1778
child-victim oriented offense, if the child is fourteen years of	1779
age or older at the time of committing the offense, and if the	1780
child committed the offense on or after January 1, 2002, both of	1781
the following apply:	1782

(A) Sections 2152.82 to 2152.852152.86 and Chapter 2950. of	1783
the Revised Code apply to the child and the adjudication.	1784

(B) In addition to any order of disposition it makes of the	1785
child under this chapter, the court may make any determination,	1786
adjudication, or order authorized under sections 2152.82 to	1787
2152.852152.86 and Chapter 2950. of the Revised Code and shall	1788
make any determination, adjudication, or order required under	1789
those sections and that chapter.	1790

Sec. 2152.22.  (A) When a child is committed to the legal	1791
custody of the department of youth services under this chapter,	1792
the juvenile court relinquishes control with respect to the child	1793
so committed, except as provided in divisions (B), (C), and (G) of	1794
this section or in sections 2152.82 to 2152.852152.86 of the	1795
Revised Code. Subject to divisions (B) and (C) of this section,	1796
sections 2151.353 and 2151.412 to 2151.421 of the Revised Code,	1797
sections 2152.82 to 2152.852152.86 of the Revised Code, and any	1798
other provision of law that specifies a different duration for a	1799
dispositional order, all other dispositional orders made by the	1800
court under this chapter shall be temporary and shall continue for	1801
a period that is designated by the court in its order, until	1802
terminated or modified by the court or until the child attains	1803
twenty-one years of age.	1804

The department shall not release the child from a department	1805
facility and as a result shall not discharge the child or order	1806
the child's release on supervised release prior to the expiration	1807
of the minimum period specified by the court in division (A)(1) of	1808
section 2152.16 of the Revised Code and any term of commitment	1809
imposed under section 2152.17 of the Revised Code or prior to the	1810
child's attainment of twenty-one years of age, except upon the	1811
order of a court pursuant to division (B) or (C) of this section	1812
or in accordance with section 5139.54 of the Revised Code.	1813

(B)(1) The court that commits a delinquent child to the	1814
department may grant judicial release of the child to court	1815
supervision under this division during the first half of the	1816
prescribed minimum term for which the child was committed to the	1817
department or, if the child was committed to the department until	1818
the child attains twenty-one years of age, during the first half	1819
of the prescribed period of commitment that begins on the first	1820
day of commitment and ends on the child's twenty-first birthday,	1821
provided any commitment imposed under division (A), (B), (C), or	1822
(D) of section 2152.17 of the Revised Code has ended.	1823

(2) If the department of youth services desires to release a	1824
child during a period specified in division (B)(1) of this	1825
section, it shall request the court that committed the child to	1826
grant a judicial release of the child to court supervision. During	1827
whichever of those periods is applicable, the child or the parents	1828
of the child also may request that court to grant a judicial	1829
release of the child to court supervision. Upon receipt of a	1830
request for a judicial release to court supervision from the	1831
department, the child, or the child's parent, or upon its own	1832
motion, the court that committed the child shall do one of the	1833
following: approve the release by journal entry; schedule within	1834
thirty days after the request is received a time for a hearing on	1835
whether the child is to be released; or reject the request by	1836
journal entry without conducting a hearing.	1837

If the court rejects an initial request for a release under	1838
this division by the child or the child's parent, the child or the	1839
child's parent may make one additional request for a judicial	1840
release to court supervision within the applicable period. The	1841
additional request may be made no earlier than thirty days after	1842
the filing of the prior request for a judicial release to court	1843
supervision. Upon the filing of a second request for a judicial	1844
release to court supervision, the court shall either approve or	1845
disapprove the release by journal entry or schedule within thirty	1846
days after the request is received a time for a hearing on whether	1847
the child is to be released.	1848

(3) If a court schedules a hearing under division (B)(2) of	1849
this section, it may order the department to deliver the child to	1850
the court on the date set for the hearing and may order the	1851
department to present to the court a report on the child's	1852
progress in the institution to which the child was committed and	1853
recommendations for conditions of supervision of the child by the	1854
court after release. The court may conduct the hearing without the	1855
child being present. The court shall determine at the hearing	1856
whether the child should be granted a judicial release to court	1857
supervision.	1858

If the court approves the release, it shall order its staff	1859
to prepare a written treatment and rehabilitation plan for the	1860
child that may include any conditions of the child's release that	1861
were recommended by the department and approved by the court. The	1862
committing court shall send the juvenile court of the county in	1863
which the child is placed a copy of the recommended plan. The	1864
court of the county in which the child is placed may adopt the	1865
recommended conditions set by the committing court as an order of	1866
the court and may add any additional consistent conditions it	1867
considers appropriate. If a child is granted a judicial release to	1868
court supervision, the release discharges the child from the	1869
custody of the department of youth services.	1870

(C)(1) The court that commits a delinquent child to the	1871
department may grant judicial release of the child to department	1872
of youth services supervision under this division during the	1873
second half of the prescribed minimum term for which the child was	1874
committed to the department or, if the child was committed to the	1875
department until the child attains twenty-one years of age, during	1876
the second half of the prescribed period of commitment that begins	1877
on the first day of commitment and ends on the child's	1878
twenty-first birthday, provided any commitment imposed under	1879
division (A), (B), (C), or (D) of section 2152.17 of the Revised	1880
Code has ended.	1881

(2) If the department of youth services desires to release a	1882
child during a period specified in division (C)(1) of this	1883
section, it shall request the court that committed the child to	1884
grant a judicial release to department of youth services	1885
supervision. During whichever of those periods is applicable, the	1886
child or the child's parent also may request the court that	1887
committed the child to grant a judicial release to department of	1888
youth services supervision. Upon receipt of a request for judicial	1889
release to department of youth services supervision, the child, or	1890
the child's parent, or upon its own motion at any time during that	1891
period, the court shall do one of the following: approve the	1892
release by journal entry; schedule a time within thirty days after	1893
receipt of the request for a hearing on whether the child is to be	1894
released; or reject the request by journal entry without	1895
conducting a hearing.	1896

If the court rejects an initial request for release under	1897
this division by the child or the child's parent, the child or the	1898
child's parent may make one or more subsequent requests for a	1899
release within the applicable period, but may make no more than	1900
one request during each period of ninety days that the child is in	1901
a secure department facility after the filing of a prior request	1902
for early release. Upon the filing of a request for release under	1903
this division subsequent to an initial request, the court shall	1904
either approve or disapprove the release by journal entry or	1905
schedule a time within thirty days after receipt of the request	1906
for a hearing on whether the child is to be released.	1907

(3) If a court schedules a hearing under division (C)(2) of	1908
this section, it may order the department to deliver the child to	1909
the court on the date set for the hearing and shall order the	1910
department to present to the court at that time a treatment plan	1911
for the child's post-institutional care. The court may conduct the	1912
hearing without the child being present. The court shall determine	1913
at the hearing whether the child should be granted a judicial	1914
release to department of youth services supervision.	1915

If the court approves the judicial release to department of	1916
youth services supervision, the department shall prepare a written	1917
treatment and rehabilitation plan for the child pursuant to	1918
division (E) of this section that shall include the conditions of	1919
the child's release. It shall send the committing court and the	1920
juvenile court of the county in which the child is placed a copy	1921
of the plan. The court of the county in which the child is placed	1922
may adopt the conditions set by the department as an order of the	1923
court and may add any additional consistent conditions it	1924
considers appropriate, provided that the court may not add any	1925
condition that decreases the level or degree of supervision	1926
specified by the department in its plan, that substantially	1927
increases the financial burden of supervision that will be	1928
experienced by the department, or that alters the placement	1929
specified by the department in its plan. If the court of the	1930
county in which the child is placed adds to the department's plan	1931
any additional conditions, it shall enter those additional	1932
conditions in its journal and shall send to the department a copy	1933
of the journal entry of the additional conditions.	1934

If the court approves the judicial release to department of	1935
youth services supervision, the actual date on which the	1936
department shall release the child is contingent upon the	1937
department finding a suitable placement for the child. If the	1938
child is to be returned to the child's home, the department shall	1939
return the child on the date that the court schedules for the	1940
child's release or shall bear the expense of any additional time	1941
that the child remains in a department facility. If the child is	1942
unable to return to the child's home, the department shall	1943
exercise reasonable diligence in finding a suitable placement for	1944
the child, and the child shall remain in a department facility	1945
while the department finds the suitable placement.	1946

(D) If a child is released under division (B) or (C) of this	1947
section and the court of the county in which the child is placed	1948
has reason to believe that the child's deportment is not in	1949
accordance with the conditions of the child's judicial release,	1950
the court of the county in which the child is placed shall	1951
schedule a time for a hearing to determine whether the child	1952
violated any of the post-release conditions, and, if the child was	1953
released under division (C) of this section, divisions (A) to (E)	1954
of section 5139.52 of the Revised Code apply regarding the child.	1955

If that court determines at the hearing that the child	1956
violated any of the post-release conditions, the court, if it	1957
determines that the violation was a serious violation, may order	1958
the child to be returned to the department for	1959
institutionalization, consistent with the original order of	1960
commitment of the child, or in any case may make any other	1961
disposition of the child authorized by law that the court	1962
considers proper. If the court of the county in which the child is	1963
placed orders the child to be returned to a department of youth	1964
services institution, the time during which the child was held in	1965
a secure department facility prior to the child's judicial release	1966
shall be considered as time served in fulfilling the prescribed	1967
period of institutionalization that is applicable to the child	1968
under the child's original order of commitment. If the court	1969
orders the child returned to a department institution, the child	1970
shall remain in institutional care for a minimum of three months	1971
or until the child successfully completes a revocation program of	1972
a duration of not less than thirty days operated either by the	1973
department or by an entity with which the department has	1974
contracted to provide a revocation program.	1975

(E) The department of youth services, prior to the release of	1976
a child pursuant to division (C) of this section, shall do all of	1977
the following:	1978

(1) After reviewing the child's rehabilitative progress	1979
history and medical and educational records, prepare a written	1980
treatment and rehabilitation plan for the child that includes	1981
conditions of the release;	1982

(2) Completely discuss the conditions of the plan prepared	1983
pursuant to division (E)(1) of this section and the possible	1984
penalties for violation of the plan with the child and the child's	1985
parents, guardian, or legal custodian;	1986

(3) Have the plan prepared pursuant to division (E)(1) of	1987
this section signed by the child, the child's parents, legal	1988
guardian, or custodian, and any authority or person that is to	1989
supervise, control, and provide supportive assistance to the child	1990
at the time of the child's release pursuant to division (C) of	1991
this section;	1992

(4) Prior to the child's release, file a copy of the	1993
treatment plan prepared pursuant to division (E)(1) of this	1994
section with the committing court and the juvenile court of the	1995
county in which the child is to be placed.	1996

(F) The department of youth services shall file a written	1997
progress report with the committing court regarding each child	1998
released pursuant to division (C) of this section at least once	1999
every thirty days unless specifically directed otherwise by the	2000
court. The report shall indicate the treatment and rehabilitative	2001
progress of the child and the child's family, if applicable, and	2002
shall include any suggestions for altering the program, custody,	2003
living arrangements, or treatment. The department shall retain	2004
legal custody of a child so released until it discharges the child	2005
or until the custody is terminated as otherwise provided by law.	2006

(G) When a child is committed to the legal custody of the	2007
department of youth services, the court retains jurisdiction to	2008
perform the functions specified in section 5139.51 of the Revised	2009
Code with respect to the granting of supervised release by the	2010
release authority and to perform the functions specified in	2011
section 5139.52 of the Revised Code with respect to violations of	2012
the conditions of supervised release granted by the release	2013
authority and to the revocation of supervised release granted by	2014
the release authority.	2015

Sec. 2152.821.        Sec. 2152.811. (A) As used in this section:

2016

(1) "Mentally retarded person" and "developmentally disabled	2017
person" have the same meanings as in section 5123.01 of the	2018
Revised Code.	2019

(2) "Mentally retarded or developmentally disabled victim"	2020
includes any of the following persons:	2021

(a) A mentally retarded person or developmentally disabled	2022
person who was a victim of a violation identified in division	2023
(B)(1) of this section or an act that would be an offense of	2024
violence if committed by an adult;	2025

(b) A mentally retarded person or developmentally disabled	2026
person against whom was directed any conduct that constitutes, or	2027
that is an element of, a violation identified in division (B)(1)	2028
of this section or an act that would be an offense of violence if	2029
committed by an adult.	2030

(B)(1) In any proceeding in juvenile court involving a	2031
complaint, indictment, or information in which a child is charged	2032
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	2033
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	2034
2907.322, or 2907.323 of the Revised Code or an act that would be	2035
an offense of violence if committed by an adult and in which an	2036
alleged victim of the violation or act was a mentally retarded	2037
person or developmentally disabled person, the juvenile judge,	2038
upon motion of the prosecution, shall order that the testimony of	2039
the mentally retarded or developmentally disabled victim be taken	2040
by deposition. The prosecution also may request that the	2041
deposition be videotaped in accordance with division (B)(2) of	2042
this section. The judge shall notify the mentally retarded or	2043
developmentally disabled victim whose deposition is to be taken,	2044
the prosecution, and the attorney for the child who is charged	2045
with the violation or act of the date, time, and place for taking	2046
the deposition. The notice shall identify the mentally retarded or	2047
developmentally disabled victim who is to be examined and shall	2048
indicate whether a request that the deposition be videotaped has	2049
been made. The child who is charged with the violation or act	2050
shall have the right to attend the deposition and the right to be	2051
represented by counsel. Depositions shall be taken in the manner	2052
provided in civil cases, except that the judge in the proceeding	2053
shall preside at the taking of the deposition and shall rule at	2054
that time on any objections of the prosecution or the attorney for	2055
the child charged with the violation or act. The prosecution and	2056
the attorney for the child charged with the violation or act shall	2057
have the right, as at an adjudication hearing, to full examination	2058
and cross-examination of the mentally retarded or developmentally	2059
disabled victim whose deposition is to be taken.	2060

If a deposition taken under this division is intended to be	2061
offered as evidence in the proceeding, it shall be filed in the	2062
juvenile court in which the action is pending and is admissible in	2063
the manner described in division (C) of this section. If a	2064
deposition of a mentally retarded or developmentally disabled	2065
victim taken under this division is admitted as evidence at the	2066
proceeding under division (C) of this section, the mentally	2067
retarded or developmentally disabled victim shall not be required	2068
to testify in person at the proceeding.	2069

At any time before the conclusion of the proceeding, the	2070
attorney for the child charged with the violation or act may file	2071
a motion with the judge requesting that another deposition of the	2072
mentally retarded or developmentally disabled victim be taken	2073
because new evidence material to the defense of the child charged	2074
has been discovered that the attorney for the child charged could	2075
not with reasonable diligence have discovered prior to the taking	2076
of the admitted deposition. Any motion requesting another	2077
deposition shall be accompanied by supporting affidavits. Upon the	2078
filing of the motion and affidavits, the court may order that	2079
additional testimony of the mentally retarded or developmentally	2080
disabled victim relative to the new evidence be taken by another	2081
deposition. If the court orders the taking of another deposition	2082
under this provision, the deposition shall be taken in accordance	2083
with this division. If the admitted deposition was a videotaped	2084
deposition taken in accordance with division (B)(2) of this	2085
section, the new deposition also shall be videotaped in accordance	2086
with that division. In other cases, the new deposition may be	2087
videotaped in accordance with that division.	2088

(2) If the prosecution requests that a deposition to be taken	2089
under division (B)(1) of this section be videotaped, the juvenile	2090
judge shall order that the deposition be videotaped in accordance	2091
with this division. If a juvenile judge issues an order to video	2092
tape the deposition, the judge shall exclude from the room in	2093
which the deposition is to be taken every person except the	2094
mentally retarded or developmentally disabled victim giving the	2095
testimony, the judge, one or more interpreters if needed, the	2096
attorneys for the prosecution and the child who is charged with	2097
the violation or act, any person needed to operate the equipment	2098
to be used, one person chosen by the mentally retarded or	2099
developmentally disabled victim giving the deposition, and any	2100
person whose presence the judge determines would contribute to the	2101
welfare and well-being of the mentally retarded or developmentally	2102
disabled victim giving the deposition. The person chosen by the	2103
mentally retarded or developmentally disabled victim shall not be	2104
a witness in the proceeding and, both before and during the	2105
deposition, shall not discuss the testimony of the victim with any	2106
other witness in the proceeding. To the extent feasible, any	2107
person operating the recording equipment shall be restricted to a	2108
room adjacent to the room in which the deposition is being taken,	2109
or to a location in the room in which the deposition is being	2110
taken that is behind a screen or mirror so that the person	2111
operating the recording equipment can see and hear, but cannot be	2112
seen or heard by, the mentally retarded or developmentally	2113
disabled victim giving the deposition during the deposition.	2114

The child who is charged with the violation or act shall be	2115
permitted to observe and hear the testimony of the mentally	2116
retarded or developmentally disabled victim giving the deposition	2117
on a monitor, shall be provided with an electronic means of	2118
immediate communication with the attorney of the child who is	2119
charged with the violation or act during the testimony, and shall	2120
be restricted to a location from which the child who is charged	2121
with the violation or act cannot be seen or heard by the mentally	2122
retarded or developmentally disabled victim giving the deposition,	2123
except on a monitor provided for that purpose. The mentally	2124
retarded or developmentally disabled victim giving the deposition	2125
shall be provided with a monitor on which the mentally retarded or	2126
developmentally disabled victim can observe, while giving	2127
testimony, the child who is charged with the violation or act. The	2128
judge, at the judge's discretion, may preside at the deposition by	2129
electronic means from outside the room in which the deposition is	2130
to be taken; if the judge presides by electronic means, the judge	2131
shall be provided with monitors on which the judge can see each	2132
person in the room in which the deposition is to be taken and with	2133
an electronic means of communication with each person in that	2134
room, and each person in the room shall be provided with a monitor	2135
on which that person can see the judge and with an electronic	2136
means of communication with the judge. A deposition that is	2137
videotaped under this division shall be taken and filed in the	2138
manner described in division (B)(1) of this section and is	2139
admissible in the manner described in this division and division	2140
(C) of this section. If a deposition that is videotaped under this	2141
division is admitted as evidence at the proceeding, the mentally	2142
retarded or developmentally disabled victim shall not be required	2143
to testify in person at the proceeding. No deposition videotaped	2144
under this division shall be admitted as evidence at any	2145
proceeding unless division (C) of this section is satisfied	2146
relative to the deposition and all of the following apply relative	2147
to the recording:	2148

(a) The recording is both aural and visual and is recorded on	2149
film or videotape, or by other electronic means.	2150

(b) The recording is authenticated under the Rules of	2151
Evidence and the Rules of Criminal Procedure as a fair and	2152
accurate representation of what occurred, and the recording is not	2153
altered other than at the direction and under the supervision of	2154
the judge in the proceeding.	2155

(c) Each voice on the recording that is material to the	2156
testimony on the recording or the making of the recording, as	2157
determined by the judge, is identified.	2158

(d) Both the prosecution and the child who is charged with	2159
the violation or act are afforded an opportunity to view the	2160
recording before it is shown in the proceeding.	2161

(C)(1) At any proceeding in relation to which a deposition	2162
was taken under division (B) of this section, the deposition or a	2163
part of it is admissible in evidence upon motion of the	2164
prosecution if the testimony in the deposition or the part to be	2165
admitted is not excluded by the hearsay rule and if the deposition	2166
or the part to be admitted otherwise is admissible under the Rules	2167
of Evidence. For purposes of this division, testimony is not	2168
excluded by the hearsay rule if the testimony is not hearsay under	2169
Evidence Rule 801; the testimony is within an exception to the	2170
hearsay rule set forth in Evidence Rule 803; the mentally retarded	2171
or developmentally disabled victim who gave the testimony is	2172
unavailable as a witness, as defined in Evidence Rule 804, and the	2173
testimony is admissible under that rule; or both of the following	2174
apply:	2175

(a) The child who is charged with the violation or act had an	2176
opportunity and similar motive at the time of the taking of the	2177
deposition to develop the testimony by direct, cross, or redirect	2178
examination.	2179

(b) The judge determines that there is reasonable cause to	2180
believe that, if the mentally retarded or developmentally disabled	2181
victim who gave the testimony in the deposition were to testify in	2182
person at the proceeding, the mentally retarded or developmentally	2183
disabled victim would experience serious emotional trauma as a	2184
result of the mentally retarded or developmentally disabled	2185
victim's participation at the proceeding.	2186

(2) Objections to receiving in evidence a deposition or a	2187
part of it under division (C) of this section shall be made as	2188
provided in civil actions.	2189

(3) The provisions of divisions (B) and (C) of this section	2190
are in addition to any other provisions of the Revised Code, the	2191
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	2192
the Rules of Evidence that pertain to the taking or admission of	2193
depositions in a juvenile court proceeding and do not limit the	2194
admissibility under any of those other provisions of any	2195
deposition taken under division (B) of this section or otherwise	2196
taken.	2197

(D) In any proceeding in juvenile court involving a	2198
complaint, indictment, or information in which a child is charged	2199
with a violation listed in division (B)(1) of this section or an	2200
act that would be an offense of violence if committed by an adult	2201
and in which an alleged victim of the violation or offense was a	2202
mentally retarded or developmentally disabled person, the	2203
prosecution may file a motion with the juvenile judge requesting	2204
the judge to order the testimony of the mentally retarded or	2205
developmentally disabled victim to be taken in a room other than	2206
the room in which the proceeding is being conducted and be	2207
televised, by closed circuit equipment, into the room in which the	2208
proceeding is being conducted to be viewed by the child who is	2209
charged with the violation or act and any other persons who are	2210
not permitted in the room in which the testimony is to be taken	2211
but who would have been present during the testimony of the	2212
mentally retarded or developmentally disabled victim had it been	2213
given in the room in which the proceeding is being conducted.	2214
Except for good cause shown, the prosecution shall file a motion	2215
under this division at least seven days before the date of the	2216
proceeding. The juvenile judge may issue the order upon the motion	2217
of the prosecution filed under this division, if the judge	2218
determines that the mentally retarded or developmentally disabled	2219
victim is unavailable to testify in the room in which the	2220
proceeding is being conducted in the physical presence of the	2221
child charged with the violation or act for one or more of the	2222
reasons set forth in division (F) of this section. If a juvenile	2223
judge issues an order of that nature, the judge shall exclude from	2224
the room in which the testimony is to be taken every person except	2225
a person described in division (B)(2) of this section. The judge,	2226
at the judge's discretion, may preside during the giving of the	2227
testimony by electronic means from outside the room in which it is	2228
being given, subject to the limitations set forth in division	2229
(B)(2) of this section. To the extent feasible, any person	2230
operating the televising equipment shall be hidden from the sight	2231
and hearing of the mentally retarded or developmentally disabled	2232
victim giving the testimony, in a manner similar to that described	2233
in division (B)(2) of this section. The child who is charged with	2234
the violation or act shall be permitted to observe and hear the	2235
testimony of the mentally retarded or developmentally disabled	2236
victim giving the testimony on a monitor, shall be provided with	2237
an electronic means of immediate communication with the attorney	2238
of the child who is charged with the violation or act during the	2239
testimony, and shall be restricted to a location from which the	2240
child who is charged with the violation or act cannot be seen or	2241
heard by the mentally retarded or developmentally disabled victim	2242
giving the testimony, except on a monitor provided for that	2243
purpose. The mentally retarded or developmentally disabled victim	2244
giving the testimony shall be provided with a monitor on which the	2245
mentally retarded or developmentally disabled victim can observe,	2246
while giving testimony, the child who is charged with the	2247
violation or act.	2248

(E) In any proceeding in juvenile court involving a	2249
complaint, indictment, or information in which a child is charged	2250
with a violation listed in division (B)(1) of this section or an	2251
act that would be an offense of violence if committed by an adult	2252
and in which an alleged victim of the violation or offense was a	2253
mentally retarded or developmentally disabled person, the	2254
prosecution may file a motion with the juvenile judge requesting	2255
the judge to order the testimony of the mentally retarded or	2256
developmentally disabled victim to be taken outside of the room in	2257
which the proceeding is being conducted and be recorded for	2258
showing in the room in which the proceeding is being conducted	2259
before the judge, the child who is charged with the violation or	2260
act, and any other persons who would have been present during the	2261
testimony of the mentally retarded or developmentally disabled	2262
victim had it been given in the room in which the proceeding is	2263
being conducted. Except for good cause shown, the prosecution	2264
shall file a motion under this division at least seven days before	2265
the date of the proceeding. The juvenile judge may issue the order	2266
upon the motion of the prosecution filed under this division, if	2267
the judge determines that the mentally retarded or developmentally	2268
disabled victim is unavailable to testify in the room in which the	2269
proceeding is being conducted in the physical presence of the	2270
child charged with the violation or act, due to one or more of the	2271
reasons set forth in division (F) of this section. If a juvenile	2272
judge issues an order of that nature, the judge shall exclude from	2273
the room in which the testimony is to be taken every person except	2274
a person described in division (B)(2) of this section. To the	2275
extent feasible, any person operating the recording equipment	2276
shall be hidden from the sight and hearing of the mentally	2277
retarded or developmentally disabled victim giving the testimony,	2278
in a manner similar to that described in division (B)(2) of this	2279
section. The child who is charged with the violation or act shall	2280
be permitted to observe and hear the testimony of the mentally	2281
retarded or developmentally disabled victim giving the testimony	2282
on a monitor, shall be provided with an electronic means of	2283
immediate communication with the attorney of the child who is	2284
charged with the violation or act during the testimony, and shall	2285
be restricted to a location from which the child who is charged	2286
with the violation or act cannot be seen or heard by the mentally	2287
retarded or developmentally disabled victim giving the testimony,	2288
except on a monitor provided for that purpose. The mentally	2289
retarded or developmentally disabled victim giving the testimony	2290
shall be provided with a monitor on which the mentally retarded or	2291
developmentally disabled victim can observe, while giving	2292
testimony, the child who is charged with the violation or act. No	2293
order for the taking of testimony by recording shall be issued	2294
under this division unless the provisions set forth in divisions	2295
(B)(2)(a), (b), (c), and (d) of this section apply to the	2296
recording of the testimony.	2297

(F) For purposes of divisions (D) and (E) of this section, a	2298
juvenile judge may order the testimony of a mentally retarded or	2299
developmentally disabled victim to be taken outside of the room in	2300
which a proceeding is being conducted if the judge determines that	2301
the mentally retarded or developmentally disabled victim is	2302
unavailable to testify in the room in the physical presence of the	2303
child charged with the violation or act due to one or more of the	2304
following circumstances:	2305

(1) The persistent refusal of the mentally retarded or	2306
developmentally disabled victim to testify despite judicial	2307
requests to do so;	2308

(2) The inability of the mentally retarded or developmentally	2309
disabled victim to communicate about the alleged violation or	2310
offense because of extreme fear, failure of memory, or another	2311
similar reason;	2312

(3) The substantial likelihood that the mentally retarded or	2313
developmentally disabled victim will suffer serious emotional	2314
trauma from so testifying.	2315

(G)(1) If a juvenile judge issues an order pursuant to	2316
division (D) or (E) of this section that requires the testimony of	2317
a mentally retarded or developmentally disabled victim in a	2318
juvenile court proceeding to be taken outside of the room in which	2319
the proceeding is being conducted, the order shall specifically	2320
identify the mentally retarded or developmentally disabled victim	2321
to whose testimony it applies, the order applies only during the	2322
testimony of the specified mentally retarded or developmentally	2323
disabled victim, and the mentally retarded or developmentally	2324
disabled victim giving the testimony shall not be required to	2325
testify at the proceeding other than in accordance with the order.	2326
The authority of a judge to close the taking of a deposition under	2327
division (B)(2) of this section or a proceeding under division (D)	2328
or (E) of this section is in addition to the authority of a judge	2329
to close a hearing pursuant to section 2151.35 of the Revised	2330
Code.	2331

(2) A juvenile judge who makes any determination regarding	2332
the admissibility of a deposition under divisions (B) and (C) of	2333
this section, the videotaping of a deposition under division	2334
(B)(2) of this section, or the taking of testimony outside of the	2335
room in which a proceeding is being conducted under division (D)	2336
or (E) of this section shall enter the determination and findings	2337
on the record in the proceeding.	2338

Sec. 2152.82. (A) The court that adjudicates a child a	2339
delinquent child shall issue as part of the dispositional order an	2340
order that classifies the child a juvenile offender registrant and	2341
specifies that the child has a duty to comply with sections	2342
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if all	2343
of the following apply:	2344

(1) The act for which the child is adjudicated a delinquent	2345
child is a sexually oriented offense that is not a	2346
registration-exempt sexually oriented offense or is a child-victim	2347
oriented offense that the child committed on or after January 1,	2348
2002.	2349

(2) The child was fourteen, fifteen, sixteen, or seventeen	2350
years of age at the time of committing the offense.	2351

(3) The court has determined that the child previously was	2352
convicted of, pleaded guilty to, or was adjudicated a delinquent	2353
child for committing any sexually oriented offense or child-victim	2354
oriented offense, regardless of when the prior offense was	2355
committed and regardless of the child's age at the time of	2356
committing the offense.	2357

(4) The court is not required to classify the child as both a	2358
juvenile offender registrant and a public registry-qualified	2359
juvenile offender registrant under section 2152.86 of the Revised	2360
Code.	2361

(B) An order required under division (A) of this section	2362
shall be issued at the time the judge makes the ordersorder of	2363
disposition for the delinquent child. Prior to issuing the order	2364
required by division (A) of this section, the judge shall conduct	2365
the hearing and make the determinations required by division (B)	2366
of section 2950.09 of the Revised Code regarding a sexually	2367
oriented offense that is not a registration-exempt sexually	2368
oriented offense or division (B) of section 2950.091 of the	2369
Revised Code regarding a child-victim oriented offense to	2370
determine if the child is to be classified a sexual predator or a	2371
child-victim predator, shall make the determinations required by	2372
division (E) of section 2950.09 of the Revised Code regarding a	2373
sexually oriented offense that is not a registration-exempt	2374
sexually oriented offense or division (E) of section 2950.091 of	2375
the Revised Code regarding a child-victim oriented offense to	2376
determine if the child is to be classified a habitual sex offender	2377
or a habitual child-victim offender, and shall otherwise comply	2378
with those divisionsa hearing under section 2152.831 of the	2379
Revised Code to determine whether the child is a tier I sex	2380
offender/child-victim offender, a tier II sex	2381
offender/child-victim offender, or a tier III sex	2382
offender/child-victim offender. If the court determines that the	2383
delinquent child to whom the order applies is a tier III sex	2384
offender/child-victim offender and the child is not a public	2385
registry-qualified juvenile offender registrant, the judge may	2386
impose a requirement subjecting the child to the victim and	2387
community notification provisions of sections 2950.10 and 2950.11	2388
of the Revised Code. When a judge issues an order under division	2389
(A) of this section, all of the following apply:	2390

(1) The judge shall include in the order any determination	2391
that the delinquent child is, or is not, a sexual predator or	2392
child-victim predator or is, or is not, a habitual sex offender or	2393
habitual child-victim offender that the judge makes pursuant to	2394
division (B) or (E) of section 2950.09 or 2950.091 of the Revised	2395
Code and any related information required or authorized under the	2396
division under which the determination is made, including, but not	2397
limited to, any requirement imposed by the court subjecting a	2398
child who is a habitual sex offender or habitual child-victim	2399
offender to community notification provisions as described in	2400
division (E) of section 2950.09 or 2950.091 of the Revised Code.	2401

(2) The judge shall include in the order a statement that,	2402
upon completion of the disposition of the delinquent child that	2403
was made for the sexually oriented offense or child-victim	2404
oriented offense upon which the order is based, a hearing will be	2405
conducted, and the order and any determinations included in the	2406
order are subject to modification or termination pursuant to	2407
sections 2152.84 and 2152.85 of the Revised Code.	2408

(3)(2) The judge shall provide to the delinquent child and to	2409
the delinquent child's parent, guardian, or custodian the notice	2410
required under divisions (A) and (B) of section 2950.03 of the	2411
Revised Code and shall provide as part of that notice a copy of	2412
the order.	2413

(4)(3) The judge shall include the order in the delinquent	2414
child's dispositional order and shall specify in the dispositional	2415
order that the order issued under division (A) of this section was	2416
made pursuant to this section.	2417

(4) If the court determines that the delinquent child to whom	2418
the order applies is a tier III sex offender/child-victim	2419
offender, if the child is not a public registry-qualified juvenile	2420
offender registrant, and if the judge imposes a requirement	2421
subjecting the child to the victim and community notification	2422
provisions of sections 2950.10 and 2950.11 of the Revised Code,	2423
the judge shall include the requirement in the order.	2424

(5) The court shall include in the order its determination	2425
made at the hearing held under section 2151.831 of the Revised	2426
Code as to whether the delinquent child is a tier I sex	2427
offender/child-victim offender, a tier II sex	2428
offender/child-victim offender, or a tier III sex	2429
offender/child-victim offender.	2430

(C) AnExcept as provided in division (D) of this section, an	2431
order issued under division (A) of this section and any	2432
determinations included in the order shall remain in effect for	2433
the period of time specified in section 2950.07 of the Revised	2434
Code, subject to a modification or termination of the order under	2435
section 2152.84 or 2152.85 of the Revised Code, and section	2436
2152.851 of the Revised Code applies regarding the order and the	2437
determinations. If an order is issued under division (A) of this	2438
section, the child's attainment of eighteen or twenty-one years of	2439
age does not affect or terminate the order, and the order remains	2440
in effect for the period of time described in this division.	2441

(D) A court that adjudicates a child a delinquent child for a	2442
sexually oriented offense that is a registration-exempt sexually	2443
oriented offense shall not issue based on that adjudication an	2444
order under this section that classifies the child a juvenile	2445
offender registrant and specifies that the child has a duty to	2446
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2447
the Revised Code.If a court issues an order under division (A) of	2448
this section before January 1, 2008, not later than February 1,	2449
2008, the court shall terminate the order and issue a new order	2450
that reclassifies the child as both a juvenile offender registrant	2451
and a public registry-qualified juvenile offender registrant	2452
pursuant to section 2152.86 of the Revised Code if the court	2453
imposed on the child a serious youthful offender dispositional	2454
sentence under section 2152.13 of the Revised Code and if the act	2455
that was the basis of the classification of the delinquent child	2456
as a juvenile offender registrant and is the basis of the serious	2457
youthful offender dispositional sentence is any of the following:	2458

(1) Committing, attempting to commit, conspiring to commit,	2459
or complicity in committing a violation of section 2907.02 of the	2460
Revised Code, division (B) of section 2907.05 of the Revised Code,	2461
or section 2907.03 of the Revised Code if the victim of the	2462
violation was less than twelve years of age;	2463

(2) Committing, attempting to commit, conspiring to commit,	2464
or complicity in committing a violation of section 2903.01,	2465
2903.02, or 2905.01 of the Revised Code that was committed with a	2466
purpose to gratify the sexual needs or desires of the child.	2467

Sec. 2152.83. (A)(1) The court that adjudicates a child a	2468
delinquent child shall issue as part of the dispositional order	2469
or, if the court commits the child for the delinquent act to the	2470
custody of a secure facility, shall issue at the time of the	2471
child's release from the secure facility, an order that classifies	2472
the child a juvenile offender registrant and specifies that the	2473
child has a duty to comply with sections 2950.04, 2950.041,	2474
2950.05, and 2950.06 of the Revised Code if all of the following	2475
apply:	2476

(a) The act for which the child is or was adjudicated a	2477
delinquent child is a sexually oriented offense that is not a	2478
registration-exempt sexually oriented offense or is a child-victim	2479
oriented offense that the child committed on or after January 1,	2480
2002.	2481

(b) The child was sixteen or seventeen years of age at the	2482
time of committing the offense.	2483

(c) The court was not required to classify the child a	2484
juvenile offender registrant under section 2152.82 of the Revised	2485
Code or as both a juvenile offender registrant and a public	2486
registry-qualified juvenile offender registrant under section	2487
2152.86 of the Revised Code.	2488

(2) Prior to issuing the order required by division (A)(2) of	2489
this section, the judge shall conduct the hearing and make the	2490
determinations required by division (B) of section 2950.09 of the	2491
Revised Code regarding a sexually oriented offense that is not a	2492
registration-exempt sexually oriented offense or division (B) of	2493
section 2950.091 of the Revised Code regarding a child-victim	2494
oriented offense to determine if the child is to be classified a	2495
sexual predator or a child-victim predator, shall make the	2496
determinations required by division (E) of section 2950.09 of the	2497
Revised Code regarding a sexually oriented offense that is not a	2498
registration-exempt sexually oriented offense or division (E) of	2499
section 2950.091 of the Revised Code regarding a child-victim	2500
oriented offense to determine if the child is to be classified a	2501
habitual sex offender or a habitual child-victim offender, and	2502
shall otherwise comply with those divisionsa hearing under	2503
section 2152.831 of the Revised Code, except as otherwise provided	2504
in that section, to determine whether the child is a tier I sex	2505
offender/child-victim offender, a tier II sex	2506
offender/child-victim offender, or a tier III sex	2507
offender/child-victim offender. When a judge issues an order under	2508
division (A)(1) of this section, the judge shall include in the	2509
order all of the determinations and information identified in	2510
division (B)(1)(5) of section 2152.82 of the Revised Code that are	2511
relevant.	2512

(B)(1) The court that adjudicates a child a delinquent child,	2513
on the judge's own motion, may conduct at the time of disposition	2514
of the child or, if the court commits the child for the delinquent	2515
act to the custody of a secure facility, may conduct at the time	2516
of the child's release from the secure facility, a hearing for the	2517
purposes described in division (B)(2) of this section if all of	2518
the following apply:	2519

(a) The act for which the child is adjudicated a delinquent	2520
child is a sexually oriented offense that is not a	2521
registration-exempt sexually oriented offense or is a child-victim	2522
oriented offense that the child committed on or after January 1,	2523
2002.	2524

(b) The child was fourteen or fifteen years of age at the	2525
time of committing the offense.	2526

(c) The court was not required to classify the child a	2527
juvenile offender registrant under section 2152.82 of the Revised	2528
Code or as both a juvenile offender registrant and a public	2529
registry-qualified juvenile offender registrant under section	2530
2152.86 of the Revised Code.	2531

(2) A judge shall conduct a hearing under division (B)(1) of	2532
this section to review the effectiveness of the disposition made	2533
of the child and of any treatment provided for the child placed in	2534
a secure setting and to determine whether the child should be	2535
classified a juvenile offender registrant. The judge may conduct	2536
the hearing on the judge's own initiative or based upon a	2537
recommendation of an officer or employee of the department of	2538
youth services, a probation officer, an employee of the court, or	2539
a prosecutor or law enforcement officer. If the judge conducts the	2540
hearing, upon completion of the hearing, the judge, in the judge's	2541
discretion and after consideration of the factors listed in	2542
division (E) of this section, shall do either of the following:	2543

(a) Decline to issue an order that classifies the child a	2544
juvenile offender registrant and specifies that the child has a	2545
duty to comply with sections 2950.04, 2950.041, 2950.05, and	2546
2950.06 of the Revised Code;	2547

(b) Issue an order that classifies the child a juvenile	2548
offender registrant and specifies that the child has a duty to	2549
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2550
the Revised Code and, if the judge conducts a hearing as described	2551
in division (C) of this section to determine whether the child is	2552
a sexual predator or child-victim predator or a habitual sex	2553
offender or habitual child-victim offender, include in the order a	2554
statement that the judge has determined that the child is, or is	2555
not, a sexual predator, child-victim predator, habitual sex	2556
offender, or habitual child-victim offender, whichever is	2557
applicablethat states the determination that the judge makes at	2558
the hearing held pursuant to section 2152.831 of the Revised Code	2559
as to whether the child is a tier I sex offender/child-victim	2560
offender, a tier II sex offender/child-victim offender, or a tier	2561
III sex offender/child-victim offender.	2562

(C) A judge may issue(1) Prior to issuing an order under	2563
division (B)(2)(b) of this section that contains a determination	2564
that a delinquent child is a sexual predator or child-victim	2565
predator only if the judge, in accordance with the procedures	2566
specified in division (B) of section 2950.09 of the Revised Code	2567
regarding sexual predators or division (B) of section 2950.091 of	2568
the Revised Code regarding child-victim predators, determines at	2569
the hearing by clear and convincing evidence that the child is a	2570
sexual predator or a child-victim predator. A judge may issue an	2571
order under division (B) of this section that contains a	2572
determination that a delinquent child is a habitual sex offender	2573
or a habitual child-victim offender only if the judge at the	2574
hearing determines as described in division (E) of section 2950.09	2575
of the Revised Code regarding habitual sex offenders or division	2576
(E) of section 2950.091 of the Revised Code regarding habitual	2577
child-victim offenders that the child is a habitual sex offender	2578
or a habitual child-victim offender. If the judge issues an order	2579
under division (B) of this section that contains a determination	2580
that a delinquent child is a habitual sex offender or a habitual	2581
child-victim offender, the judge may impose a requirement	2582
subjecting the child to community notification provisions as	2583
described in division (E) of section 2950.09 or 2950.091 of the	2584
Revised Code, whichever is applicable. If the court conducts a	2585
hearing as described in this division to determine whether the	2586
child is a sexual predator or child-victim predator or a habitual	2587
sex offender or habitual child-victim offender, the judge shall	2588
comply with division (B) or (E) of section 2950.09 or 2950.091 of	2589
the Revised Code, whichever is applicable, in all regards, the	2590
judge shall conduct a hearing under section 2152.831 of the	2591
Revised Code to determine whether the child is a tier I sex	2592
offender/child-victim offender, a tier II sex	2593
offender/child-victim offender, or a tier III sex	2594
offender/child-victim offender. The judge may hold the hearing at	2595
the same time as the hearing under division (B) of this section.	2596

(2) If a judge issues an order under division (A) or (B) of	2597
this section and the court determines that the delinquent child to	2598
whom the order applies is a tier III sex offender/child-victim	2599
offender and the child is not a public registry-qualified juvenile	2600
offender registrant, the judge may impose a requirement subjecting	2601
the child to the victim and community notification provisions of	2602
sections 2950.10 and 2950.11 of the Revised Code. If the judge	2603
imposes a requirement subjecting the child to the victim and	2604
community notification provisions of sections 2950.10 and 2950.11	2605
of the Revised Code, the judge shall include the requirement in	2606
the order.	2607

(D)(3) If a judge issues an order under division (A) or (B)	2608
of this section, the judge shall provide to the delinquent child	2609
and to the delinquent child's parent, guardian, or custodian a	2610
copy of the order and a notice containing the information	2611
described in divisions (A) and (B) of section 2950.03 of the	2612
Revised Code. The judge shall provide the notice at the time of	2613
the issuance of the order and shall comply with divisions (B) and	2614
(C) of that section regarding that notice and the provision of	2615
it.	2616

The judge also shall include in the order a statement that,	2617
upon completion of the disposition of the delinquent child that	2618
was made for the sexually oriented offense or child-victim	2619
oriented offense upon which the order is based, a hearing will be	2620
conducted and the order is subject to modification or termination	2621
pursuant to section 2152.84 of the Revised Code.	2622

(E)(D) In making a decision under division (B) of this	2623
section as to whether a delinquent child should be classified a	2624
juvenile offender registrant and, if so, whether the child also is	2625
a sexual predator or child-victim predator or a habitual sex	2626
offender or habitual child-victim offender, a judge shall consider	2627
all relevant factors, including, but not limited to, all of the	2628
following:	2629

(1) The nature of the sexually oriented offense that is not a	2630
registration-exempt sexually oriented offense or the child-victim	2631
oriented offense committed by the child;	2632

(2) Whether the child has shown any genuine remorse or	2633
compunction for the offense;	2634

(3) The public interest and safety;

2635

(4) The factors set forth in division (B)(3)(K) of section	2636
2950.09 or 2950.0912950.11 of the Revised Code, whichever is	2637
applicable;provided that references in the factors as set forth	2638
in that division to "the offender" shall be construed for purposes	2639
of this division to be references to "the delinquent child;"	2640

(5) The factors set forth in divisions (B) and (C) of section	2641
2929.12 of the Revised Code as those factors apply regarding the	2642
delinquent child, the offense, and the victim;	2643

(6) The results of any treatment provided to the child and of	2644
any follow-up professional assessment of the child.	2645

(F)(E) An order issued under division (A) or (B) of this	2646
section and any determinations included in the order shall remain	2647
in effect for the period of time specified in section 2950.07 of	2648
the Revised Code, subject to a modification or termination of the	2649
order under section 2152.84 of the Revised Code, and section	2650
2152.851 of the Revised Code applies regarding the order and the	2651
determinations. The child's attainment of eighteen or twenty-one	2652
years of age does not affect or terminate the order, and the order	2653
remains in effect for the period of time described in this	2654
division.	2655

(G) A court that adjudicates a child a delinquent child for a	2656
sexually oriented offense that is a registration-exempt sexually	2657
oriented offense shall not issue based on that adjudication an	2658
order under this section that classifies the child a juvenile	2659
offender registrant and specifies that the child has a duty to	2660
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2661
the Revised Code.	2662

(H)(F) If a court issues an order under division (A) or (B)	2663
of this section before January 1, 2008, not later than February 1,	2664
2008, the court shall terminate the order and issue a new order	2665
that reclassifies the child as both a juvenile offender registrant	2666
and a public registry-qualified juvenile offender registrant	2667
pursuant to section 2152.86 of the Revised Code if the court	2668
imposed on the child a serious youthful offender dispositional	2669
sentence under section 2152.13 of the Revised Code and if the act	2670
that was the basis of the classification of the delinquent child	2671
as a juvenile offender registrant and is the basis of the serious	2672
youthful offender dispositional sentence is any of the following:	2673

(1) Committing, attempting to commit, conspiring to commit,	2674
or complicity in committing a violation of section 2907.02 of the	2675
Revised Code, division (B) of section 2907.05 of the Revised Code,	2676
or section 2907.03 of the Revised Code if the victim of the	2677
violation was less than twelve years of age;	2678

(2) Committing, attempting to commit, conspiring to commit,	2679
or complicity in committing a violation of section 2903.01,	2680
2903.02, or 2905.01 of the Revised Code that was committed with a	2681
purpose to gratify the sexual needs or desires of the child.	2682

(G) As used in thethis section, "secure facility" has the	2683
same meaning as in section 2950.01 of the Revised Code.	2684

Sec. 2152.831.  (A) If, on or after January 1, 2008, a	2685
juvenile court adjudicates a child a delinquent child and	2686
classifies the child a juvenile offender registrant pursuant to	2687
section 2152.82 or 2152.83 of the Revised Code, before issuing the	2688
order that classifies the child a juvenile offender registrant the	2689
court shall conduct a hearing to determine whether to classify	2690
the child a tier I sex offender/child-victim offender, a tier II	2691
sex offender/child-victim offender, or a tier III sex offender/	2692
child-victim offender.	2693

(B) When a judge issues an order under section 2152.82 or	2694
2152.83 of the Revised Code that classifies a delinquent child a	2695
juvenile offender registrant, in addition to the other statements	2696
and information required by the section under which the order is	2697
issued, the judge shall include in the order its determination	2698
made under division (A) of this section as to whether the child is	2699
a tier I sex offender/child-victim offender, a tier II sex	2700
offender/child-victim offender, or a tier III sex	2701
offender/child-victim offender. When a judge issues an order under	2702
section 2152.84 or 2152.85 of the Revised Code that reclassifies a	2703
delinquent child from one tier of sex offender/child-victim	2704
offender to a different tier of sex offender/child-victim	2705
offender, in addition to the other statements and information	2706
required by the section under which the order is issued, the judge	2707
shall include in the order its determination as to the	2708
reclassification of the child and the tier to which the child is	2709
reclassified.	2710

(C) The provisions of this section do not apply to a	2711
delinquent child if the court is required to classify the child as	2712
both a juvenile offender registrant and a public	2713
registry-qualified juvenile offender registrant pursuant to	2714
section 2152.86 of the Revised Code.	2715

Sec. 2152.84.  (A)(1) When a juvenile court judge issues an	2716
order under section 2152.82 or division (A) or (B) of section	2717
2152.83 of the Revised Code that classifies a delinquent child a	2718
juvenile offender registrant and specifies that the child has a	2719
duty to comply with sections 2950.04, 2950.041, 2950.05, and	2720
2950.06 of the Revised Code, upon completion of the disposition of	2721
that child made for the sexually oriented offense that is not a	2722
registration-exempt sexually oriented offense or the child-victim	2723
oriented offense on which the juvenile offender registrant order	2724
was based, the judge or the judge's successor in office shall	2725
conduct a hearing to review the effectiveness of the disposition	2726
and of any treatment provided for the child, to determine the	2727
risks that the child might re-offend, and to determine whether the	2728
prior classification of the child as a juvenile offender	2729
registrant and, if applicable, as a sexual predator or	2730
child-victim predator or as a habitual sex offender or habitual	2731
child-victim offender should be continued, modified, or terminated	2732
as provided under division (A)(2) of this section, and to	2733
determine whether its prior determination made at the hearing	2734
held pursuant to section 2152.831 of the Revised Code as to	2735
whether the child is a tier I sex offender/child-victim offender,	2736
a tier II sex offender/child-victim offender, or a tier III sex	2737
offender/child-victim offender should be continued or modified as	2738
provided under division (A)(2) of this section.	2739

(2) Upon completion of a hearing under division (A)(1) of	2740
this section, the judge, in the judge's discretion and after	2741
consideration of all relevant factors, including but not limited	2742
to, the factors listed in division (E)(D) of section 2152.83 of	2743
the Revised Code, shall do one of the following, as applicable:	2744

(a) Enter an order that continues the classification of the	2745
delinquent child as a juvenile offender registrant made in the	2746
prior order issued under section 2152.82 or division (A) or (B) of	2747
section 2152.83 of the Revised Code, and any sexual predator,	2748
child-victim predator, habitual sex offender, or habitual	2749
child-victim offenderthe prior determination included in the	2750
order that the child is a tier I sex offender/child-victim	2751
offender, a tier II sex offender/child-victim offender, or a tier	2752
III sex offender/child-victim offender, whichever is applicable;	2753

(b) If the prior order was issued under section 2152.82 or	2754
division (A) of section 2152.83 of the Revised Code and includes a	2755
determination by the judge that the delinquent child is a sexual	2756
predator or child-victim predator, enter, as applicable, an order	2757
that contains a determination that the child no longer is a sexual	2758
predator, the reason or reasons for that determination, and either	2759
a determination that the child is a habitual sex offender or a	2760
determination that the child remains a juvenile offender	2761
registrant but is not a sexual predator or habitual sex offender,	2762
or an order that contains a determination that the child no longer	2763
is a child-victim predator, the reason or reasons for that	2764
determination, and either a determination that the child is a	2765
habitual child-victim offender or a determination that the child	2766
remains a juvenile offender registrant but is not a child-victim	2767
predator or habitual child-victim offender;	2768

(c) If the prior order was issued under section 2152.82 or	2769
division (A) of section 2152.83 of the Revised Code and does not	2770
include a sexual predator or child-victim predator determination	2771
as described in division (A)(2)(b) of this section but includes a	2772
determination by the judge that the delinquent child is a habitual	2773
sex offender or a habitual child-victim offender, enter, as	2774
applicable, an order that contains a determination that the child	2775
no longer is a habitual sex offender and a determination that the	2776
child remains a juvenile sex offender registrant but is not a	2777
habitual offender, or an order that contains a determination that	2778
the child no longer is a habitual child-victim offender and a	2779
determination that the child remains a juvenile offender	2780
registrant but is not a habitual child-victim offender;	2781

(d) If the prior order was issued under division (B) of	2782
section 2152.83 of the Revised Code and includes a determination	2783
by the judge that the delinquent child is a sexual predator or	2784
child-victim predator, enter, as applicable, an order that	2785
contains a determination that the child no longer is a sexual	2786
predator, the reason or reasons for that determination, and either	2787
a determination that the child is a habitual sex offender, a	2788
determination that the child remains a juvenile offender	2789
registrant but is not a sexual predator or habitual sex offender,	2790
or a determination that the child no longer is a juvenile offender	2791
registrant and no longer has a duty to comply with sections	2792
2950.04, 2950.05, and 2950.06 of the Revised Code, or an order	2793
that contains a determination that the child no longer is a	2794
child-victim predator, the reason or reasons for that	2795
determination, and either a determination that the child is a	2796
habitual child-victim offender, a determination that the child	2797
remains a juvenile offender registrant but is not a child-victim	2798
predator or habitual child-victim offender, or a determination	2799
that the child no longer is a juvenile offender registrant and no	2800
longer has a duty to comply with sections 2950.041, 2950.05, and	2801
2950.06 of the Revised Code;	2802

(e) If the prior order was issued under division (B) of	2803
section 2152.83 of the Revised Code and does not include a sexual	2804
predator or child-victim predator determination as described in	2805
division (A)(2)(d) of this section but includes a determination by	2806
the judge that the delinquent child is a habitual sex offender or	2807
habitual child-victim offender, enter, as applicable, an order	2808
that contains a determination that the child no longer is a	2809
habitual sex offender and either a determination that the child	2810
remains a juvenile offender registrant but is not a sexual	2811
predator or habitual sex offender or a determination that the	2812
child no longer is a juvenile offender registrant and no longer	2813
has a duty to comply with sections 2950.04, 2950.05, and 2950.06	2814
of the Revised Code, or an order that contains a determination	2815
that the child no longer is a habitual child-victim offender and	2816
either a determination that the child remains a juvenile offender	2817
registrant but is not a child-victim predator or habitual	2818
child-victim offender or a determination that the child no longer	2819
is a juvenile offender registrant and no longer has a duty to	2820
comply with sections 2950.041, 2950.05, and 2950.06 of the Revised	2821
Code;	2822

(f) If the prior order was issued under division (B) of	2823
section 2152.83 of the Revised Code and does not include a sexual	2824
predator or child-victim predator determination or a habitual sex	2825
offender or habitual child-victim offender determination as	2826
described in divisions (A)(2)(d) and (e) of this section, enter,	2827
as applicable, enter an order that contains a determination that	2828
the delinquent child no longer is a juvenile offender registrant	2829
and no longer has a duty to comply with sections 2950.04,	2830
2950.041, 2950.05, and 2950.06 of the Revised Code, or an order	2831
that contains a determination that the delinquent child no longer	2832
is a juvenile offender registrant and no longer has a duty to	2833
comply with sections 2950.041, 2950.05, and 2950.06 of the Revised	2834
Code. An order issued under division (A)(2)(b) of this section	2835
also terminates all prior determinations that the child is a tier	2836
I sex offender/child-victim offender, a tier II sex	2837
offender/child-victim offender, or a tier III sex	2838
offender/child-victim offender, whichever is applicable. Division	2839
(A)(2)(b) of this section does not apply to a prior order issued	2840
under section 2152.82 or division (A) of section 2152.83 of the	2841
Revised Code.	2842

(c) If the prior order was issued under section 2152.82 or	2843
division (A) or (B) of section 2152.83 of the Revised Code, enter	2844
an order that continues the classification of the delinquent child	2845
as a juvenile offender registrant made in the prior order issued	2846
under section 2152.82 or division (A) or (B) of section 2152.83 of	2847
the Revised Code, and that modifies the prior determination made	2848
at the hearing held pursuant to section 2152.831 of the Revised	2849
Code that the child is a tier I sex offender/child-victim	2850
offender, a tier II sex offender/child-victim offender, or a tier	2851
III sex offender/child-victim offender, whichever is applicable.	2852
An order issued under division (A)(2)(c) of this section shall not	2853
include a determination that increases to a higher tier the tier	2854
classification of the delinquent child. An order issued under	2855
division (A)(2)(c) of this section shall specify the new	2856
determination made by the court at a hearing held pursuant to	2857
division (A)(1) of this section as to whether the child is a tier	2858
I sex offender/child-victim offender, a tier II sex	2859
offender/child-victim offender, or a tier III sex	2860
offender/child-victim offender, whichever is applicable.	2861

(B)(1) If a judge issues an order under division (A)(2)(a) of	2862
this section that continues the prior classification of the	2863
delinquent child as a juvenile offender registrant and any sexual	2864
predator or habitual sex offenderthe prior determination included	2865
in the order, or that continues the prior classification of the	2866
delinquent child as a juvenile offender registrant and any	2867
child-victim predator or habitual child-victim offender	2868
determination included in the orderthat the child is a tier I sex	2869
offender/child-victim offender, a tier II sex	2870
offender/child-victim offender, or a tier III sex	2871
offender/child-victim offender, whichever is applicable, the prior	2872
classification and the prior determination, if applicable, shall	2873
remain in effect.	2874

(2) A judge may issue an order under division (A)(2)(c) of	2875
this section that contains a determination that reclassifies a	2876
child no longer is a sexual predator or no longer is a	2877
child-victim predator only if the judge, in accordance with the	2878
procedures specified in division (D)(1) of section 2950.09 of the	2879
Revised Code regarding a sexual predator, determines at the	2880
hearing by clear and convincing evidence that the delinquent child	2881
is unlikely to commit a sexually oriented offense in the future,	2882
or the judge, in accordance with the procedures specified in	2883
division (D)(1) of section 2950.091 of the Revised Code regarding	2884
a child-victim predator, determines at the hearing by clear and	2885
convincing evidence that the delinquent child is unlikely to	2886
commit a child-victim oriented offense in the future. If the judge	2887
issues an order of that type, the judge shall provide the	2888
notifications described in division (D)(1) of section 2950.09 or	2889
2950.091 of the Revised Code, whichever is applicable, and the	2890
recipient of the notification shall comply with the provisions of	2891
that divisionfrom a tier III sex offender/child-victim offender	2892
classification to a tier II sex offender/child-victim offender	2893
classification or to a tier I sex offender/child-victim offender	2894
classification.	2895

A judge may issue an order under division (A)(2)(c) of this	2896
section that contains a determination that reclassifies a child	2897
from a tier II sex offender/child-victim offender classification.	2898
A judge may not issue an order under that division that contains	2899
a determination that reclassifies a child from a tier II sex	2900
offender/child-victim offender classification to a tier III sex	2901
offender/child-victim offender classification.	2902

A judge may not issue an order under division (A)(2)(c) of	2903
this section that contains a determination that reclassifies a	2904
child from a tier I sex offender/child-victim offender	2905
classification to a tier II sex offender/child-victim offender	2906
classification or to a tier III sex offender/child-victim offender	2907
classification.	2908

If a judge issues an order under this division that contains	2909
a determination that reclassifies a child, the judge shall provide	2910
a copy of the order to the delinquent child and the bureau of	2911
criminal identification and investigation, and the bureau, upon	2912
receipt of the copy of the order, promptly shall notify the	2913
sheriff with whom the child most recently registered under section	2914
2950.04 or 2950.041 of the Revised Code of the determination and	2915
reclassification.	2916

(3) If a judge issues an order under division (A)(2)(b) of	2917
this section that otherwise reclassifiesdeclassifies the	2918
delinquent child as a juvenile offender registrant, the judge	2919
shall provide a copy of the order to the bureau of criminal	2920
identification and investigation, and the bureau, upon receipt of	2921
the copy of the order, promptly shall notify the sheriff with whom	2922
the child most recently registered under section 2950.04 or	2923
2950.041 of the Revised Code of the reclassification	2924
declassification.	2925

(C) If a judge issues an order under any provision of	2926
division (A)(2)(a), (b), or (c) of this section, the judge shall	2927
provide to the delinquent child and to the delinquent child's	2928
parent, guardian, or custodian a copy of the order and, if	2929
applicable, a notice containing the information described in	2930
divisions (A) and (B) of section 2950.03 of the Revised Code. The	2931
judge shall provide the notice at the time of the issuance of the	2932
order and shall comply with divisions (B) and (C) of that section	2933
regarding that notice and the provision of it.	2934

(D) In making a decision under division (A) of this section,	2935
a judge shall consider all relevant factors, including, but not	2936
limited to, the factors listed in division (E) of section 2152.83	2937
of the Revised Code.	2938

(E) An order issued under division (A)(2)(a) or (c) of this	2939
section and any determinations included in the order shall remain	2940
in effect for the period of time specified in section 2950.07 of	2941
the Revised Code, subject to a modification or termination of the	2942
order under section 2152.85 of the Revised Code, and section	2943
2152.851 of the Revised Code applies regarding the order and the	2944
determinations. If an order is issued under division (A)(2)(a) or	2945
(c) of this section, the child's attainment of eighteen or	2946
twenty-one years of age does not affect or terminate the order,	2947
and the order remains in effect for the period of time described	2948
in this division.	2949

(E) The provisions of this section do not apply to a	2950
delinquent child who is classified as both a juvenile offender	2951
registrant and a public registry-qualified juvenile offender	2952
registrant pursuant to section 2152.86 of the Revised Code.	2953

Sec. 2152.85. (A) UponRegardless of when the delinquent	2954
child was classified a juvenile offender registrant, upon the	2955
expiration of the applicable period of time specified in division	2956
(B)(1) or, (2), or (3) of this section, a delinquent child who	2957
has been classified pursuant to this section or section 2152.82	2958
or 2152.83 of the Revised Code a juvenile offender registrant	2959
may petition the judge who made the classification, or that	2960
judge's successor in office, to do one of the following:	2961

(1) If the order containing the juvenile offender registrant	2962
classification also includes a determination by the juvenile court	2963
judge that the delinquent child is a sexual predator or	2964
child-victim predator in the manner described in section 2152.82	2965
or 2152.83 of the Revised Code and that determination remains in	2966
effect, to enter, as applicable, an order that contains a	2967
determination that the child no longer is a sexual predator, the	2968
reason or reasons for that determination, and either a	2969
determination that the child is a habitual sex offender or a	2970
determination that the child remains a juvenile offender	2971
registrant but is not a sexual predator or habitual sex offender,	2972
or an order that contains a determination that the child no longer	2973
is a child-victim predator, the reason or reasons for that	2974
determination, and either a determination that the child is a	2975
habitual child-victim offender or a determination that the child	2976
remains a juvenile offender registrant but is not a child-victim	2977
predator or habitual child-victim offendertier III sex	2978
offender/child-victim offender, to enter, as applicable, an order	2979
that contains a determination that reclassifies the child as	2980
either a tier II sex offender/child-victim offender or a tier I	2981
sex offender/child-victim offender, the reason or reasons for that	2982
reclassification, and a determination that the child remains a	2983
juvenile offender registrant, or an order that contains a	2984
determination that the child no longer is a juvenile offender	2985
registrant and no longer has a duty to comply with sections	2986
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;	2987

(2) If the order containing the juvenile offender registrant	2988
classification under section 2152.82 or 2152.83 of the Revised	2989
Code or under division (C)(2) of this section pursuant to a	2990
petition filed under division (A) of this section does not include	2991
a sexual predator or child-victim predator determination as	2992
described in division (A)(1) of this section but includes a	2993
determination by the juvenile court judge that the delinquent	2994
child is a habitual sex offender or a habitual child-victim	2995
offender in the manner described in section 2152.82 or 2152.83 of	2996
the Revised Code, or in this section, and that determination	2997
remains in effect, to enter, as applicable, an order that contains	2998
a determination that the child no longer is a habitual sex	2999
offender and either a determination that the child remains a	3000
juvenile offender registrant or a determination that the child no	3001
longer is a juvenile offender registrant and no longer has a duty	3002
to comply with sections 2950.04, 2950.05, and 2950.06 of the	3003
Revised Code, or an order that contains a determination that the	3004
child no longer is a habitual child-victim offender and either a	3005
determination that the child remains a juvenile offender	3006
registrant oralso includes a determination by the juvenile court	3007
judge that the delinquent child is a tier II sex	3008
offender/child-victim offender, to enter, as applicable, an order	3009
that contains a determination that reclassifies the child as a	3010
tier I sex offender/child-victim offender, the reason or reasons	3011
for that reclassification, and a determination that the child	3012
remains a juvenile offender registrant, or an order that contains	3013
a determination that the child no longer is a juvenile offender	3014
registrant and no longer has a duty to comply with sections	3015
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;	3016

(3) If the order containing the juvenile offender registrant	3017
classification under section 2152.82 or 2152.83 of the Revised	3018
Code or under division (C)(2) of this section pursuant to a	3019
petition filed under division (A) of this section does not include	3020
a sexual predator or child-victim predator determination or a	3021
habitual sex offender or habitual child-victim offender	3022
determination as described in division (A)(1) or (2) of this	3023
sectionalso includes a determination by the juvenile court judge	3024
that the delinquent child is a tier I sex offender/child-victim	3025
offender, to enter, as applicable, an order that contains a	3026
determination that the child no longer is a juvenile offender	3027
registrant and no longer has a duty to comply with sections	3028
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, or an	3029
order that contains a determination that the child no longer is a	3030
juvenile offender registrant and no longer has a duty to comply	3031
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code.	3032

(B) A delinquent child who has been adjudicated a delinquent	3033
child for committing on or after January 1, 2002, a sexually	3034
oriented offense that is not a registration-exempt sexuallyor a	3035
child-victim oriented offense and who has been classified a	3036
juvenile offender registrant relative to that offense or who has	3037
been adjudicated a delinquent child for committing on or after	3038
that date a child-victim oriented offense and who has been	3039
classified a juvenile offender registrant relative to that	3040
offense may file a petition under division (A) of this section	3041
requesting reclassification or declassification as described in	3042
that division after the expiration of one of the following periods	3043
of time:	3044

(1) The delinquent child initially may file a petition not	3045
earlier than three years after the entry of the juvenile court	3046
judge's order after the mandatory hearing conducted under section	3047
2152.84 of the Revised Code.	3048

(2) After the delinquent child's initial filing of a petition	3049
under division (B)(1) of this section, the child may file a second	3050
petition not earlier than three years after the judge has entered	3051
an order deciding the petition under division (B)(1) of this	3052
section.	3053

(3) After the delinquent child's filing of a petition under	3054
division (B)(2) of this section, thereafter, the delinquent child	3055
may file a petition under this division upon the expiration of	3056
five years after the judge has entered an order deciding the	3057
petition under division (B)(2) of this section or the most recent	3058
petition the delinquent child has filed under this division.	3059

(C) Upon the filing of a petition under divisionsdivision	3060
(A) and (B) of this section, the judge may review the prior	3061
classification or determination in question and, upon	3062
consideration of all relevant factors and information, including,	3063
but not limited to the factors listed in division (E)(D) of	3064
section 2152.83 of the Revised Code, the judge, in the judge's	3065
discretion, shall do one of the following:	3066

(1) Enter an order denying the petition;

3067

(2) Issue an order that reclassifies or declassifies the	3068
delinquent child, in the requested manner specified in division	3069
(A)(1), (2), or (3) of this section.	3070

(D) If a judge issues an order under division (C)(1) of this	3071
section that denies a petition, the prior classification of the	3072
delinquent child as a juvenile offender registrant, and the prior	3073
determination that the child is a sexual predator, child-victim	3074
predator, habitual sex offender, or habitual child-victim	3075
offender, iftier I sex offender/child-victim offender, a tier II	3076
sex offender/child-victim offender, or a tier III sex	3077
offender/child-victim offender, whichever is applicable, shall	3078
remain in effect.	3079

A judge may issue an order under division (C)(2) of this	3080
section that contains a determination that a child no longer is a	3081
sexual predator or no longer is a child-victim predator only if	3082
the judge conducts a hearing and, in accordance with the	3083
procedures specified in division (D)(1) of section 2950.09 of the	3084
Revised Code regarding a sexual predator, determines at the	3085
hearing by clear and convincing evidence that the delinquent child	3086
is unlikely to commit a sexually oriented offense in the future,	3087
or, in accordance with the procedures specified in division (D)(1)	3088
of section 2950.091 of the Revised Code regarding a child-victim	3089
predator, determines at the hearing by clear and convincing	3090
evidence that the delinquent child is unlikely to commit a	3091
child-victim oriented offense in the future. If the judge issues	3092
an order of that type, the judge shall provide the notifications	3093
described in division (D)(1) of section 2950.09 or 2950.091 of the	3094
Revised Code, whichever is applicable, and the recipient of the	3095
notification shall comply with the provisions of that division	3096
reclassifies a child from a tier III sex offender/child-victim	3097
offender classification to a tier II sex offender/child-victim	3098
offender classification or to a tier I sex offender/child-victim	3099
offender classification.	3100

A judge may issue an order under division (C)(2) of this	3101
section that contains a determination that reclassifies a child	3102
from a tier II sex offender/child-victim offender classification	3103
to a tier I sex offender/child-victim offender classification.	3104

If a judge issues an order under this division that contains	3105
a determination that reclassifies a child, the judge shall provide	3106
a copy of the order to the delinquent child and the bureau of	3107
criminal identification and investigation, and the bureau, upon	3108
receipt of the copy of the order, promptly shall notify the	3109
sheriff with whom the child most recently registered under section	3110
2950.04 or 2950.041 of the Revised Code of the determination and	3111
reclassification.	3112

A judge may issue an order under division (C) of this section	3113
that contains a determination that a delinquent child is a	3114
habitual sex offender or a habitual child-victim offender only if	3115
the judge conducts a hearing and determines at the hearing as	3116
described in division (E) of section 2950.09 of the Revised Code	3117
regarding habitual sex offenders or division (E) of section	3118
2950.091 of the Revised Code regarding habitual child-victim	3119
offenders that the child is a habitual sex offender or a habitual	3120
child-victim offender. If the judge issues an order that contains	3121
a determination that a delinquent child is a habitual sex offender	3122
or a habitual child-victim offender, the judge may impose a	3123
requirement subjecting the child to community notification	3124
provisions as described in that division.	3125

If a judge issues an order under division (C)(2) of this	3126
section that declassifies the delinquent child, the order also	3127
terminates all prior determinations that the child is a tier I sex	3128
offender/child-victim offender, a tier II sex	3129
offender/child-victim offender, or a tier III sex	3130
offender/child-victim offender, whichever is applicable. If a	3131
judge issues an order under division (C)(2) of this section that	3132
declassifies the delinquent child, the judge shall provide a copy	3133
of the order to the bureau of criminal identification and	3134
investigation, and the bureau, upon receipt of a copy of the	3135
order, promptly shall notify the sheriff with whom the child most	3136
recently registered under section 2950.04 or 2950.041 of the	3137
Revised Code of the declassification.	3138

(E) If a judge issues an order under division (C)(1) or (2)	3139
of this section, the judge shall provide to the delinquent child	3140
and to the delinquent child's parent, guardian, or custodian a	3141
copy of the order and, if applicable, a notice containing the	3142
information described in divisions (A) and (B) of section 2950.03	3143
of the Revised Code. The judge shall provide the notice at the	3144
time of the issuance of the order and shall comply with divisions	3145
(B) and (C) of that section regarding that notice and the	3146
provision of it.	3147

(F) An order issued under division (C) of this section shall	3148
remain in effect for the period of time specified in section	3149
2950.07 of the Revised Code, subject to a further modification or	3150
afuture termination of the order under this section, and section	3151
2152.851 of the Revised Code applies regarding the order and the	3152
determinations. If an order is issued under division (C) of this	3153
section, the child's attainment of eighteen or twenty-one years of	3154
age does not affect or terminate the order, and the order remains	3155
in effect for the period of time described in this division.	3156

(G) The provisions of this section do not apply to a	3157
delinquent child who is classified as both a juvenile offender	3158
registrant and a public registry-qualified juvenile offender	3159
registrant pursuant to section 2152.86 of the Revised Code.	3160

Sec. 2152.851. (A) If, prior to the effective date of this	3161
sectionJanuary 1, 2008, a judge issues an order under section	3162
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that	3163
classifies a delinquent child a juvenile offender registrant based	3164
on an adjudication for a sexually oriented offense or a	3165
child-victim oriented offense as those terms were defined in	3166
section 2950.01 of the Revised Code prior to January 1, 2008, and	3167
if, on and after the effective date of this sectionJanuary 1,	3168
2008, the sexually oriented offense upon which the order was based	3169
no longer is considered a sexually oriented offense but instead is	3170
or a child-victim oriented offense as those terms are defined in	3171
section 2950.01 of the Revised Code on and after January 1, 2008,	3172
notwithstanding the redesignation of the offensechanges to	3173
sections 2152.82, 2152.83, 2152.84, and 2152.85 of the Revised	3174
Code made on January 1, 2008, on and after that date, the order	3175
shall remain in effect for the period described in the section	3176
under which it was issued, the order shall be considered for all	3177
purposes to be an order that classifies the child a juvenile	3178
offender registrant, division (A)(2)(b) of section 2950.041 of the	3179
Revised Code applies regarding the childas that section exists on	3180
and after January 1, 2008, subject to subsequent modification or	3181
termination under section 2152.84, 2152.85, or 2950.15 of the	3182
Revised Code, or, if division (A)(3) of section 2152.86 of the	3183
Revised Code applies regarding the child, for the period described	3184
in division (C) of that section subject to modification or	3185
termination under section 2152.84, 2152.85, or 2950.15 of the	3186
Revised Code, whichever is applicable, and the duty to register	3187
imposed pursuant to that divisioncomply with sections 2950.04,	3188
2950.041, 2950.05, and 2950.06 of the Revised Code on and after	3189
January 1, 2008, shall be considered, for purposes of section	3190
2950.07 of the Revised Code and for all other purposes, to be a	3191
continuation of the duty imposed upon the child prior to the	3192
effective date of this sectionJanuary 1, 2008, under the order	3193
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and	3194
Chapter 2950. of the Revised Code.	3195

(B) If an order of the type described in division (A) of this	3196
section included a classification or determination that the	3197
delinquent child was a sexual predator or habitual sex offender,	3198
notwithstanding the redesignation of the offense upon which the	3199
determination was based, all of the following apply:	3200

(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section	3201
2950.091 of the Revised Code apply regarding the child and the	3202
judge's order made prior to the effective date of this section	3203
shall be considered for all purposes to be an order that	3204
classifies the child as described in those divisions;	3205

(2) The child's classification or determination under	3206
divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 of	3207
the Revised Code shall be considered, for purposes of section	3208
2950.07 of the Revised Code and for all other purposes, to be a	3209
continuation of classification or determination made prior to the	3210
effective date of this section;	3211

(3) The child's duties under Chapter 2950. of the Revised	3212
Code relative to that classification or determination shall be	3213
considered for all purposes to be a continuation of the duties	3214
related to that classification or determination as they existed	3215
prior to the effective date of this section.	3216

Sec. 2152.86.  (A)(1) The court that, on or after January 1,	3217
2008, adjudicates a child a delinquent child for committing an act	3218
shall issue as part of the dispositional order an order that	3219
classifies the child a juvenile offender registrant, specifies	3220
that the child has a duty to comply with sections 2950.04,	3221
2950.041, 2950.05, and 2950.06 of the Revised Code, and	3222
additionally classifies the child a public registry-qualified	3223
juvenile offender registrant if the child was fourteen, fifteen,	3224
sixteen, or seventeen years of age at the time of committing the	3225
act, the court imposed on the child a serious youthful offender	3226
dispositional sentence under section 2152.13 of the Revised Code,	3227
and the child is adjudicated a delinquent child for committing,	3228
attempting to commit, conspiring to commit, or complicity in	3229
committing any of the following acts:	3230

(a) A violation of section 2907.02 of the Revised Code,	3231
division (B) of section 2907.05 of the Revised Code, or section	3232
2907.03 of the Revised Code if the victim of the violation was	3233
less than twelve years of age;	3234

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	3235
the Revised Code that was committed with a purpose to gratify the	3236
sexual needs or desires of the child.	3237

(2) Upon a child's release, on or after January 1, 2008, from	3238
the department of youth services, the court shall issue an order	3239
that classifies the child a juvenile offender registrant,	3240
specifies that the child has a duty to comply with sections	3241
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	3242
additionally classifies the child a public registry-qualified	3243
juvenile offender registrant if all of the following apply:	3244

(a) The child was adjudicated a delinquent child, and a	3245
juvenile court imposed on the child a serious youthful offender	3246
dispositional sentence under section 2152.13 of the Revised Code	3247
for committing one of the acts described in division (A)(1)(a) or	3248
(b) of this section.	3249

(b) The child was fourteen, fifteen, sixteen, or seventeen	3250
years of age at the time of committing the act.	3251

(c) The court did not issue an order classifying the child as	3252
both a juvenile offender registrant and a public	3253
registry-qualified juvenile offender registrant pursuant to	3254
division (A)(1) of this section.	3255

(3) If a court issued an order classifying a child a juvenile	3256
offender registrant pursuant to section 2152.82 or 2152.83 of the	3257
Revised Code prior to January 1, 2008, not later than February 1,	3258
2008, the court shall issue a new order that reclassifies the	3259
child as a juvenile offender registrant, specifies that the child	3260
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and	3261
2950.06 of the Revised Code, and additionally classifies the child	3262
a public registry-qualified juvenile offender registrant if all	3263
of the following apply:	3264

(a) The sexually oriented offense that was the basis of the	3265
previous order that classified the child a juvenile offender	3266
registrant was an act described in division (A)(1)(a) or (b) of	3267
this section.	3268

(b) The child was fourteen, fifteen, sixteen, or seventeen	3269
years of age at the time of committing the act.	3270

(c) The court imposed on the child a serious youthful	3271
offender dispositional sentence under section 2152.13 of the	3272
Revised Code for the act described in division (A)(1)(a) or (b) of	3273
this section.	3274

(B)(1) If an order is issued under division (A)(1), (2), or	3275
(3) of this section, the classification of tier III sex	3276
offender/child-victim offender automatically applies to the	3277
delinquent child based on the sexually oriented offense the child	3278
committed, subject to a possible reclassification pursuant to	3279
division (D) of this section for a child whose delinquent act was	3280
committed prior to January 1, 2008. If an order is issued under	3281
division (A)(2) of this section regarding a child whose delinquent	3282
act described in division (A)(1)(a) or (b) of this section was	3283
committed prior to January 1, 2008, or if an order is issued under	3284
division (A)(3) of this section regarding a delinquent child, the	3285
order shall inform the child and the child's parent, guardian, or	3286
custodian, that the child has a right to a hearing as described in	3287
division (D) of this section and inform the child and the child's	3288
parent, guardian, or custodian of the procedures for requesting	3289
the hearing and the period of time within which the request for	3290
the hearing must be made. Section 2152.831 of the Revised Code	3291
does not apply regarding an order issued under division (A)(1),	3292
(2), or (3) of this section.	3293

(2) The judge that issues an order under division (A)(1),	3294
(2), or (3) of this section shall provide to the delinquent child	3295
who is the subject of the order and to the delinquent child's	3296
parent, guardian, or custodian the notice required under divisions	3297
(A) and (B) of section 2950.03 of the Revised Code and shall	3298
provide as part of that notice a copy of the order required under	3299
division (A)(1), (2), or (3) of this section. The judge shall	3300
include the order in the delinquent child's dispositional order	3301
and shall specify in the dispositional order that the order issued	3302
under division (A)(1), (2), or (3) of this section was made	3303
pursuant to this section.	3304

(C) An order issued under division (A)(1), (2), or (3) of	3305
this section shall remain in effect for the period of time	3306
specified in section 2950.07 of the Revised Code as it exists on	3307
and after January 1, 2008, subject to a judicial termination of	3308
that period of time as provided in section 2950.15 of the Revised	3309
Code, subject to a possible reclassification of the child pursuant	3310
to division (D) of this section if the child's delinquent act was	3311
committed prior to January 1, 2008. If an order is issued under	3312
division (A)(1), (2), or (3) of this section, the child's	3313
attainment of eighteen or twenty-one years of age does not affect	3314
or terminate the order, and the order remains in effect for the	3315
period of time described in this division. If an order is issued	3316
under division (A)(3) of this section, the duty to comply with	3317
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	3318
Code based upon that order shall be considered, for purposes of	3319
section 2950.07 of the Revised Code and for all other purposes, to	3320
be a continuation of the duty to comply with those sections	3321
imposed upon the child prior to January 1, 2008, under the order	3322
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and	3323
Chapter 2950. of the Revised Code.	3324

(D)(1) If an order is issued under division (A)(2) of this	3325
section regarding a delinquent child whose delinquent act	3326
described in division (A)(1)(a) or (b) of this section was	3327
committed prior to January 1, 2008, or if an order is issued under	3328
division (A)(3) of this section regarding a delinquent child,	3329
except as otherwise provided in this division, the child may	3330
request as a matter of right a court hearing to contest the	3331
court's classification in the order of the child as a public	3332
registry-qualified juvenile offender registrant. To request the	3333
hearing, not later than the date that is sixty days after the	3334
delinquent child is provided with the copy of the order, the	3335
delinquent child shall file a petition with the juvenile court	3336
that issued the order.	3337

If the delinquent child requests a hearing by timely filing a	3338
petition with the juvenile court, the delinquent child shall serve	3339
a copy of the petition on the prosecutor who handled the case in	3340
which the delinquent child was adjudicated a delinquent child for	3341
committing the sexually oriented offense or child-victim oriented	3342
offense that resulted in the delinquent child's registration duty	3343
under section 2950.04 or 2950.041 of the Revised Code. The	3344
prosecutor shall represent the interest of the state in the	3345
hearing. In any hearing under this division, the Rules of Juvenile	3346
Procedure apply except to the extent that those Rules would by	3347
their nature be clearly inapplicable. The court shall schedule a	3348
hearing and shall provide notice to the delinquent child and the	3349
delinquent child's parent, guardian, or custodian and to the	3350
prosecutor of the date, time, and place of the hearing.	3351

If the delinquent child requests a hearing in accordance with	3352
this division, until the court issues its decision at or	3353
subsequent to the hearing, the delinquent child shall comply with	3354
Chapter 2950. of the Revised Code as it exists on and after	3355
January 1, 2008. If a delinquent child requests a hearing in	3356
accordance with this division, at the hearing, all parties are	3357
entitled to be heard, and the court shall consider all relevant	3358
information and testimony presented relative to the issue of	3359
whether the child should be classified a public registry-qualified	3360
juvenile offender registrant. Notwithstanding the court's	3361
classification of the delinquent child as a public	3362
registry-qualified juvenile offender registrant, the court may	3363
terminate that classification if it determines by clear and	3364
convincing evidence that the classification is in error.	3365

If the court decides to terminate the court's classification	3366
of the delinquent child as a public registry-qualified juvenile	3367
offender registrant, the court shall issue an order that specifies	3368
that it has determined that the child is not a public	3369
registry-qualified juvenile offender registrant and that it has	3370
terminated the court's classification of the delinquent child as a	3371
public registry-qualified juvenile offender registrant. The court	3372
promptly shall serve a copy of the order upon the sheriff with	3373
whom the delinquent child most recently registered under section	3374
2950.04 or 2950.041 of the Revised Code and upon the bureau of	3375
criminal identification and investigation. The delinquent child	3376
and the prosecutor have the right to appeal the decision of the	3377
court issued under this division.	3378

If the delinquent child fails to request a hearing in	3379
accordance with this division within the applicable sixty-day	3380
period specified in this division, the failure constitutes a	3381
waiver by the delinquent child of the delinquent child's right to	3382
a hearing under this division, and the delinquent child is bound	3383
by the court's classification of the delinquent child as a public	3384
registry-qualified juvenile offender registrant.	3385

(2) An order issued under division (D)(1) of this section is	3386
independent of any order of a type described in division (F) of	3387
section 2950.031 of the Revised Code or division (E) of section	3388
2950.032 of the Revised Code, and the court may issue an order	3389
under both division (D)(1) of this section and an order of a type	3390
described in division (F) of section 2950.031 of the Revised Code	3391
or division (E) of section 2950.032 of the Revised Code. A court	3392
that conducts a hearing under division (D)(1) of this section may	3393
consolidate that hearing with a hearing conducted for the same	3394
delinquent child under division (F) of section 2950.031 of the	3395
Revised Code or division (E) of section 2950.032 of the Revised	3396
Code.	3397

Sec. 2743.191.  (A)(1) There is hereby created in the state	3398
treasury the reparations fund, which shall be used only for the	3399
following purposes:	3400

(a) The payment of awards of reparations that are granted by	3401
the attorney general;	3402

(b) The compensation of any personnel needed by the attorney	3403
general to administer sections 2743.51 to 2743.72 of the Revised	3404
Code;	3405

(c) The compensation of witnesses as provided in division (J)	3406
of section 2743.65 of the Revised Code;	3407

(d) Other administrative costs of hearing and determining	3408
claims for an award of reparations by the attorney general;	3409

(e) The costs of administering sections 2907.28 and 2969.01	3410
to 2969.06 of the Revised Code;	3411

(f) The costs of investigation and decision-making as	3412
certified by the attorney general;	3413

(g) The provision of state financial assistance to victim	3414
assistance programs in accordance with sections 109.91 and 109.92	3415
of the Revised Code;	3416

(h) The costs of paying the expenses of sex offense-related	3417
examinations and antibiotics pursuant to section 2907.28 of the	3418
Revised Code;	3419

(i) The cost of printing and distributing the pamphlet	3420
prepared by the attorney general pursuant to section 109.42 of the	3421
Revised Code;	3422

(j) Subject to division (D) of section 2743.71 of the Revised	3423
Code, the costs associated with the printing and providing of	3424
information cards or other printed materials to law enforcement	3425
agencies and prosecuting authorities and with publicizing the	3426
availability of awards of reparations pursuant to section 2743.71	3427
of the Revised Code;	3428

(k) The payment of costs of administering a DNA specimen	3429
collection procedure pursuant to sections 2152.74 and 2901.07 of	3430
the Revised Code, of performing DNA analysis of those DNA	3431
specimens, and of entering the resulting DNA records regarding	3432
those analyses into the DNA database pursuant to section 109.573	3433
of the Revised Code;	3434

(l) The payment of actual costs associated with initiatives	3435
by the attorney general for the apprehension, prosecution, and	3436
accountability of offenders, and the enhancing of services to	3437
crime victims. The amount of payments made pursuant to division	3438
(A)(1)(l) of this section during any given fiscal year shall not	3439
exceed five per cent of the balance of the reparations fund at the	3440
close of the immediately previous fiscal year;	3441

(m) The costs of administering the adult parole authority's	3442
supervision pursuant to division (E) of section 2971.05 of the	3443
Revised Code of sexually violent predators who are sentenced to a	3444
prison term pursuant to division (A)(3) of section 2971.03 of the	3445
Revised Code,and of offenders who are sentenced to a prison term	3446
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	3447
(c), or (B)(3)(a), (b), (c), or (d) of that section for a	3448
violation of division (A)(1)(b) of section 2907.02 of the Revised	3449
Code, and of offenders who are sentenced to a prison term pursuant	3450
to division (B)(2)(a), (b), or (c) of section 2971.03 of the	3451
Revised Code for attempted rape and a specification of the type	3452
described in section 2941.1418, 2941.1419, 2941.1420 of the	3453
Revised Code.	3454

(2) All costs paid pursuant to section 2743.70 of the Revised	3455
Code, the portions of license reinstatement fees mandated by	3456
division (F)(2)(b) of section 4511.191 of the Revised Code to be	3457
credited to the fund, the portions of the proceeds of the sale of	3458
a forfeited vehicle specified in division (C)(2) of section	3459
4503.234 of the Revised Code, payments collected by the department	3460
of rehabilitation and correction from prisoners who voluntarily	3461
participate in an approved work and training program pursuant to	3462
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	3463
all moneys collected by the state pursuant to its right of	3464
subrogation provided in section 2743.72 of the Revised Code shall	3465
be deposited in the fund.	3466

(B) In making an award of reparations, the attorney general	3467
shall render the award against the state. The award shall be	3468
accomplished only through the following procedure, and the	3469
following procedure may be enforced by writ of mandamus directed	3470
to the appropriate official:	3471

(1) The attorney general shall provide for payment of the	3472
claimant or providers in the amount of the award only if the	3473
amount of the award is fifty dollars or more.	3474

(2) The expense shall be charged against all available	3475
unencumbered moneys in the fund.	3476

(3) If sufficient unencumbered moneys do not exist in the	3477
fund, the attorney general shall make application for payment of	3478
the award out of the emergency purposes account or any other	3479
appropriation for emergencies or contingencies, and payment out of	3480
this account or other appropriation shall be authorized if there	3481
are sufficient moneys greater than the sum total of then pending	3482
emergency purposes account requests or requests for releases from	3483
the other appropriations.	3484

(4) If sufficient moneys do not exist in the account or any	3485
other appropriation for emergencies or contingencies to pay the	3486
award, the attorney general shall request the general assembly to	3487
make an appropriation sufficient to pay the award, and no payment	3488
shall be made until the appropriation has been made. The attorney	3489
general shall make this appropriation request during the current	3490
biennium and during each succeeding biennium until a sufficient	3491
appropriation is made. If, prior to the time that an appropriation	3492
is made by the general assembly pursuant to this division, the	3493
fund has sufficient unencumbered funds to pay the award or part of	3494
the award, the available funds shall be used to pay the award or	3495
part of the award, and the appropriation request shall be amended	3496
to request only sufficient funds to pay that part of the award	3497
that is unpaid.	3498

(C) The attorney general shall not make payment on a decision	3499
or order granting an award until all appeals have been determined	3500
and all rights to appeal exhausted, except as otherwise provided	3501
in this section. If any party to a claim for an award of	3502
reparations appeals from only a portion of an award, and a	3503
remaining portion provides for the payment of money by the state,	3504
that part of the award calling for the payment of money by the	3505
state and not a subject of the appeal shall be processed for	3506
payment as described in this section.	3507

(D) The attorney general shall prepare itemized bills for the	3508
costs of printing and distributing the pamphlet the attorney	3509
general prepares pursuant to section 109.42 of the Revised Code.	3510
The itemized bills shall set forth the name and address of the	3511
persons owed the amounts set forth in them.	3512

(E) As used in this section, "DNA analysis" and "DNA	3513
specimen" have the same meanings as in section 109.573 of the	3514
Revised Code.	3515

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

3516

(1) "DNA analysis" and "DNA specimen" have the same meanings	3517
as in section 109.573 of the Revised Code.	3518

(2) "Jail" and "community-based correctional facility" have	3519
the same meanings as in section 2929.01 of the Revised Code.	3520

(3) "Post-release control" has the same meaning as in section	3521
2967.01 of the Revised Code.	3522

(B)(1) Regardless of when the conviction occurred or the	3523
guilty plea was entered, a person who has been convicted of, is	3524
convicted of, has pleaded guilty to, or pleads guilty to a felony	3525
offense and who is sentenced to a prison term or to a community	3526
residential sanction in a jail or community-based correctional	3527
facility for that offense pursuant to section 2929.16 of the	3528
Revised Code, and a person who has been convicted of, is convicted	3529
of, has pleaded guilty to, or pleads guilty to a misdemeanor	3530
offense listed in division (D) of this section and who is	3531
sentenced to a term of imprisonment for that offense shall submit	3532
to a DNA specimen collection procedure administered by the	3533
director of rehabilitation and correction or the chief	3534
administrative officer of the jail or other detention facility in	3535
which the person is serving the term of imprisonment. If the	3536
person serves the prison term in a state correctional institution,	3537
the director of rehabilitation and correction shall cause the DNA	3538
specimen to be collected from the person during the intake process	3539
at the reception facility designated by the director. If the	3540
person serves the community residential sanction or term of	3541
imprisonment in a jail, a community-based correctional facility,	3542
or another county, multicounty, municipal, municipal-county, or	3543
multicounty-municipal detention facility, the chief administrative	3544
officer of the jail, community-based correctional facility, or	3545
detention facility shall cause the DNA specimen to be collected	3546
from the person during the intake process at the jail,	3547
community-based correctional facility, or detention facility. The	3548
DNA specimen shall be collected in accordance with division (C) of	3549
this section.	3550

(2) Regardless of when the conviction occurred or the guilty	3551
plea was entered, if a person has been convicted of, is convicted	3552
of, has pleaded guilty to, or pleads guilty to a felony offense or	3553
a misdemeanor offense listed in division (D) of this section, is	3554
serving a prison term, community residential sanction, or term of	3555
imprisonment for that offense, and does not provide a DNA specimen	3556
pursuant to division (B)(1) of this section, prior to the person's	3557
release from the prison term, community residential sanction, or	3558
imprisonment, the person shall submit to, and the director of	3559
rehabilitation and correction or the chief administrative officer	3560
of the jail, community-based correctional facility, or detention	3561
facility in which the person is serving the prison term, community	3562
residential sanction, or term of imprisonment shall administer, a	3563
DNA specimen collection procedure at the state correctional	3564
institution, jail, community-based correctional facility, or	3565
detention facility in which the person is serving the prison term,	3566
community residential sanction, or term of imprisonment. The DNA	3567
specimen shall be collected in accordance with division (C) of	3568
this section.	3569

(3)(a) Regardless of when the conviction occurred or the	3570
guilty plea was entered, if a person has been convicted of, is	3571
convicted of, has pleaded guilty to, or pleads guilty to a felony	3572
offense or a misdemeanor offense listed in division (D) of this	3573
section and the person is on probation, released on parole, under	3574
transitional control, on community control, on post-release	3575
control, or under any other type of supervised release under the	3576
supervision of a probation department or the adult parole	3577
authority for that offense, the person shall submit to a DNA	3578
specimen collection procedure administered by the chief	3579
administrative officer of the probation department or the adult	3580
parole authority. The DNA specimen shall be collected in	3581
accordance with division (C) of this section. If the person	3582
refuses to submit to a DNA specimen collection procedure as	3583
provided in this division, the person may be subject to the	3584
provisions of section 2967.15 of the Revised Code.	3585

(b) If a person to whom division (B)(3)(a) of this section	3586
applies is sent to jail or is returned to a jail, community-based	3587
correctional facility, or state correctional institution for a	3588
violation of the terms and conditions of the probation, parole,	3589
transitional control, other release, or post-release control, if	3590
the person was or will be serving a term of imprisonment, prison	3591
term, or community residential sanction for committing a felony	3592
offense or for committing a misdemeanor offense listed in division	3593
(D) of this section, and if the person did not provide a DNA	3594
specimen pursuant to division (B)(1), (2) or (3)(a) of this	3595
section, the person shall submit to, and the director of	3596
rehabilitation and correction or the chief administrative officer	3597
of the jail or community-based correctional facility shall	3598
administer, a DNA specimen collection procedure at the jail,	3599
community-based correctional facility, or state correctional	3600
institution in which the person is serving the term of	3601
imprisonment, prison term, or community residential sanction. The	3602
DNA specimen shall be collected from the person in accordance with	3603
division (C) of this section.	3604

(4) Regardless of when the conviction occurred or the guilty	3605
plea was entered, if a person has been convicted of, is convicted	3606
of, has pleaded guilty to, or pleads guilty to a felony offense or	3607
a misdemeanor offense listed in division (D) of this section, the	3608
person is not sentenced to a prison term, a community residential	3609
sanction in a jail or community-based correctional facility, a	3610
term of imprisonment, or any type of supervised release under the	3611
supervision of a probation department or the adult parole	3612
authority, and the person does not provide a DNA specimen pursuant	3613
to division (B)(1), (2), (3)(a), or (3)(b) of this section, the	3614
sentencing court shall order the person to report to the county	3615
probation department immediately after sentencing to submit to a	3616
DNA specimen collection procedure administered by the chief	3617
administrative officer of the county probation office. If the	3618
person is incarcerated at the time of sentencing, the person shall	3619
submit to a DNA specimen collection procedure administered by the	3620
director of rehabilitation and correction or the chief	3621
administrative officer of the jail or other detention facility in	3622
which the person is incarcerated. The DNA specimen shall be	3623
collected in accordance with division (C) of this section.	3624

(C) If the DNA specimen is collected by withdrawing blood	3625
from the person or a similarly invasive procedure, a physician,	3626
registered nurse, licensed practical nurse, duly licensed clinical	3627
laboratory technician, or other qualified medical practitioner	3628
shall collect in a medically approved manner the DNA specimen	3629
required to be collected pursuant to division (B) of this section.	3630
If the DNA specimen is collected by swabbing for buccal cells or a	3631
similarly noninvasive procedure, this section does not require	3632
that the DNA specimen be collected by a qualified medical	3633
practitioner of that nature. No later than fifteen days after the	3634
date of the collection of the DNA specimen, the director of	3635
rehabilitation and correction or the chief administrative officer	3636
of the jail, community-based correctional facility, or other	3637
county, multicounty, municipal, municipal-county, or	3638
multicounty-municipal detention facility, in which the person is	3639
serving the prison term, community residential sanction, or term	3640
of imprisonment shall cause the DNA specimen to be forwarded to	3641
the bureau of criminal identification and investigation in	3642
accordance with procedures established by the superintendent of	3643
the bureau under division (H) of section 109.573 of the Revised	3644
Code. The bureau shall provide the specimen vials, mailing tubes,	3645
labels, postage, and instructions needed for the collection and	3646
forwarding of the DNA specimen to the bureau.	3647

(D) The director of rehabilitation and correction, the chief	3648
administrative officer of the jail, community-based correctional	3649
facility, or other county, multicounty, municipal,	3650
municipal-county, or multicounty-municipal detention facility, or	3651
the chief administrative officer of a county probation department	3652
or the adult parole authority shall cause a DNA specimen to be	3653
collected in accordance with divisions (B) and (C) of this section	3654
from a person in its custody or under its supervision who has been	3655
convicted of, is convicted of, has pleaded guilty to, or pleads	3656
guilty to any felony offense or any of the following misdemeanor	3657
offenses:	3658

(1) A misdemeanor violation, an attempt to commit a	3659
misdemeanor violation, or complicity in committing a misdemeanor	3660
violation of section 2907.04 of the Revised Code;	3661

(2) A misdemeanor violation of any law that arose out of the	3662
same facts and circumstances and same act as did a charge against	3663
the person of a violation of section 2903.01, 2903.02, 2905.01,	3664
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code	3665
that previously was dismissed or amended or as did a charge	3666
against the person of a violation of section 2907.12 of the	3667
Revised Code as it existed prior to September 3, 1996, that	3668
previously was dismissed or amended;	3669

(3) A misdemeanor violation of section 2919.23 of the Revised	3670
Code that would have been a violation of section 2905.04 of the	3671
Revised Code as it existed prior to July 1, 1996, had it been	3672
committed prior to that date;	3673

(4) A sexually oriented offense or a child-victim oriented	3674
offense, both as defined in section 2950.01 of the Revised Code,	3675
that is a misdemeanor, if, in relation to that offense, the	3676
offender has been adjudicated a sexual predator, child-victim	3677
predator, habitual sex offender, or habitualis a tier III sex	3678
offender/child-victim offender, all as defined in section 2950.01	3679
of the Revised Code.	3680

(E) The director of rehabilitation and correction may	3681
prescribe rules in accordance with Chapter 119. of the Revised	3682
Code to collect a DNA specimen, as provided in this section, from	3683
an offender whose supervision is transferred from another state to	3684
this state in accordance with the interstate compact for adult	3685
offender supervision described in section 5149.21 of the Revised	3686
Code.	3687

Sec. 2903.211.  (A)(1) No person by engaging in a pattern of	3688
conduct shall knowingly cause another person to believe that the	3689
offender will cause physical harm to the other person or cause	3690
mental distress to the other person.	3691

(2) No person, through the use of any electronic method of	3692
remotely transferring information, including, but not limited to,	3693
any computer, computer network, computer program, or computer	3694
system, shall post a message with purpose to urge or incite	3695
another to commit a violation of division (A)(1) of this section.	3696

(3) No person, with a sexual motivation, shall violate	3697
division (A)(1) or (2) of this section.	3698

(B) Whoever violates this section is guilty of menacing by	3699
stalking.	3700

(1) Except as otherwise provided in divisions (B)(2) and (3)	3701
of this section, menacing by stalking is a misdemeanor of the	3702
first degree.	3703

(2) Menacing by stalking is a felony of the fourth degree if	3704
any of the following applies:	3705

(a) The offender previously has been convicted of or pleaded	3706
guilty to a violation of this section or a violation of section	3707
2911.211 of the Revised Code.	3708

(b) In committing the offense under division (A)(1) or, (2),	3709
or (3) of this section, the offender made a threat of physical	3710
harm to or against the victim, or as a result of an offense	3711
committed under division (A)(2) or (3) of this section, a third	3712
person induced by the offender's posted message made a threat of	3713
physical harm to or against the victim.	3714

(c) In committing the offense under division (A)(1) or, (2),	3715
or (3) of this section, the offender trespassed on the land or	3716
premises where the victim lives, is employed, or attends school,	3717
or as a result of an offense committed under division (A)(2) or	3718
(3) of this section, a third person induced by the offender's	3719
posted message trespassed on the land or premises where the victim	3720
lives, is employed, or attends school.	3721

(d) The victim of the offense is a minor.

3722

(e) The offender has a history of violence toward the victim	3723
or any other person or a history of other violent acts toward the	3724
victim or any other person.	3725

(f) While committing the offense under division (A)(1) of	3726
this section or a violation of division (A)(3) of this section	3727
based on conduct in violation of division (A)(1) of this section,	3728
the offender had a deadly weapon on or about the offender's person	3729
or under the offender's control. Division (B)(2)(f) of this	3730
section does not apply in determining the penalty for a violation	3731
of division (A)(2) of this section or a violation of division	3732
(A)(3) of this section based on conduct in violation of division	3733
(A)(2) of this section.	3734

(g) At the time of the commission of the offense, the	3735
offender was the subject of a protection order issued under	3736
section 2903.213 or 2903.214 of the Revised Code, regardless of	3737
whether the person to be protected under the order is the victim	3738
of the offense or another person.	3739

(h) In committing the offense under division (A)(1) or, (2),	3740
or (3) of this section, the offender caused serious physical harm	3741
to the premises at which the victim resides, to the real property	3742
on which that premises is located, or to any personal property	3743
located on that premises, or, as a result of an offense committed	3744
under division (A)(2) of this section or an offense committed	3745
under division (A)(3) of this section based on a violation of	3746
division (A)(2) of this section, a third person induced by the	3747
offender's posted message caused serious physical harm to that	3748
premises, that real property, or any personal property on that	3749
premises.	3750

(i) Prior to committing the offense, the offender had been	3751
determined to represent a substantial risk of physical harm to	3752
others as manifested by evidence of then-recent homicidal or other	3753
violent behavior, evidence of then-recent threats that placed	3754
another in reasonable fear of violent behavior and serious	3755
physical harm, or other evidence of then-present dangerousness.	3756

(3) If the victim of the offense is an officer or employee of	3757
a public children services agency or a private child placing	3758
agency and the offense relates to the officer's or employee's	3759
performance or anticipated performance of official	3760
responsibilities or duties, menacing by stalking is either a	3761
felony of the fifth degree or, if the offender previously has been	3762
convicted of or pleaded guilty to an offense of violence, the	3763
victim of that prior offense was an officer or employee of a	3764
public children services agency or private child placing agency,	3765
and that prior offense related to the officer's or employee's	3766
performance or anticipated performance of official	3767
responsibilities or duties, a felony of the fourth degree.	3768

(C) Section 2919.271 of the Revised Code applies in relation	3769
to a defendant charged with a violation of this section.	3770

(D) As used in this section:

3771

(1) "Pattern of conduct" means two or more actions or	3772
incidents closely related in time, whether or not there has been a	3773
prior conviction based on any of those actions or incidents.	3774
Actions or incidents that prevent, obstruct, or delay the	3775
performance by a public official, firefighter, rescuer, emergency	3776
medical services person, or emergency facility person of any	3777
authorized act within the public official's, firefighter's,	3778
rescuer's, emergency medical services person's, or emergency	3779
facility person's official capacity, or the posting of messages or	3780
receipt of information or data through the use of an electronic	3781
method of remotely transferring information, including, but not	3782
limited to, a computer, computer network, computer program,	3783
computer system, or telecommunications device, may constitute a	3784
"pattern of conduct."	3785

(2) "Mental distress" means any of the following:

3786

(a) Any mental illness or condition that involves some	3787
temporary substantial incapacity;	3788

(b) Any mental illness or condition that would normally	3789
require psychiatric treatment, psychological treatment, or other	3790
mental health services, whether or not any person requested or	3791
received psychiatric treatment, psychological treatment, or other	3792
mental health services.	3793

(3) "Emergency medical services person" is the singular of	3794
"emergency medical services personnel" as defined in section	3795
2133.21 of the Revised Code.	3796

(4) "Emergency facility person" is the singular of "emergency	3797
facility personnel" as defined in section 2909.04 of the Revised	3798
Code.	3799

(5) "Public official" has the same meaning as in section	3800
2921.01 of the Revised Code.	3801

(6) "Computer," "computer network," "computer program,"	3802
"computer system," and "telecommunications device" have the same	3803
meanings as in section 2913.01 of the Revised Code.	3804

(7) "Post a message" means transferring, sending, posting,	3805
publishing, disseminating, or otherwise communicating, or	3806
attempting to transfer, send, post, publish, disseminate, or	3807
otherwise communicate, any message or information, whether	3808
truthful or untruthful, about an individual, and whether done	3809
under one's own name, under the name of another, or while	3810
impersonating another.	3811

(8) "Third person" means, in relation to conduct as described	3812
in division (A)(2) of this section, an individual who is neither	3813
the offender nor the victim of the conduct.	3814

(9) "Sexual motivation" has the same meaning as in section	3815
2971.01 of the Revised Code.	3816

(E) The state does not need to prove in a prosecution under	3817
this section that a person requested or received psychiatric	3818
treatment, psychological treatment, or other mental health	3819
services in order to show that the person was caused mental	3820
distress as described in division (D)(2)(b) of this section.	3821

(F)(1) This section does not apply to a person solely because	3822
the person provided access or connection to or from an electronic	3823
method of remotely transferring information not under that	3824
person's control, including having provided capabilities that are	3825
incidental to providing access or connection to or from the	3826
electronic method of remotely transferring the information, and	3827
that do not include the creation of the content of the material	3828
that is the subject of the access or connection. In addition, any	3829
person providing access or connection to or from an electronic	3830
method of remotely transferring information not under that	3831
person's control shall not be liable for any action voluntarily	3832
taken in good faith to block the receipt or transmission through	3833
its service of any information that it believes is, or will be	3834
sent, in violation of this section.	3835

(2) Division (F)(1) of this section does not create an	3836
affirmative duty for any person providing access or connection to	3837
or from an electronic method of remotely transferring information	3838
not under that person's control to block the receipt or	3839
transmission through its service of any information that it	3840
believes is, or will be sent, in violation of this section except	3841
as otherwise provided by law.	3842

(3) Division (F)(1) of this section does not apply to a	3843
person who conspires with a person actively involved in the	3844
creation or knowing distribution of material in violation of this	3845
section or who knowingly advertises the availability of material	3846
of that nature.	3847

Sec. 2905.01.  (A) No person, by force, threat, or deception,	3848
or, in the case of a victim under the age of thirteen or mentally	3849
incompetent, by any means, shall remove another from the place	3850
where the other person is found or restrain the liberty of the	3851
other person, for any of the following purposes:	3852

(1) To hold for ransom, or as a shield or hostage;

3853

(2) To facilitate the commission of any felony or flight	3854
thereafter;	3855

(3) To terrorize, or to inflict serious physical harm on the	3856
victim or another;	3857

(4) To engage in sexual activity, as defined in section	3858
2907.01 of the Revised Code, with the victim against the victim's	3859
will;	3860

(5) To hinder, impede, or obstruct a function of government,	3861
or to force any action or concession on the part of governmental	3862
authority.	3863

(B) No person, by force, threat, or deception, or, in the	3864
case of a victim under the age of thirteen or mentally	3865
incompetent, by any means, shall knowingly do any of the	3866
following, under circumstances that create a substantial risk of	3867
serious physical harm to the victim or, in the case of a minor	3868
victim, under circumstances that either create a substantial risk	3869
of serious physical harm to the victim or cause physical harm to	3870
the victim:	3871

(1) Remove another from the place where the other person is	3872
found;	3873

(2) Restrain another of histhe other person's liberty;

3874

(3) Hold another in a condition of involuntary servitude.

3875

(C) Whoever violates this section is guilty of kidnapping.	3876
Except as otherwise provided in this division, kidnapping is a	3877
felony of the first degree. IfExcept as otherwise provided in	3878
this division, if the offender releases the victim in a safe place	3879
unharmed, kidnapping is a felony of the second degree. If the	3880
victim of the offense is less than thirteen years of age and if	3881
the offender also is convicted of or pleads guilty to a sexual	3882
motivation specification that was included in the indictment,	3883
count in the indictment, or information charging the offense,	3884
kidnapping is a felony of the first degree, and, notwithstanding	3885
the definite sentence provided for a felony of the first degree in	3886
section 2929.14 of the Revised Code, the offender shall be	3887
sentenced pursuant to section 2971.03 of the Revised Code as	3888
follows:	3889

(1) Except as otherwise provided in division (C)(2) of this	3890
section, the offender shall be sentenced pursuant to that section	3891
to an indefinite prison term consisting of a minimum term of	3892
fifteen years and a maximum term of life imprisonment.	3893

(2) If the offender releases the victim in a safe place	3894
unharmed, the offender shall be sentenced pursuant to that section	3895
to an indefinite term consisting of a minimum term of ten years	3896
and a maximum term of life imprisonment.	3897

(D) As used in this section, "sexual motivation	3898
specification" has the same meaning as in section 2971.01 of the	3899
Revised Code.	3900

Sec. 2905.02.  (A) No person, without privilege to do so,	3901
shall knowingly do any of the following:	3902

(1) By force or threat, remove another from the place where	3903
the other person is found;	3904

(2) By force or threat, restrain the liberty of another	3905
person, under circumstances whichthat create a risk of physical	3906
harm to the victim, or place the other person in fear;	3907

(3) Hold another in a condition of involuntary servitude.

3908

(B) No person, with a sexual motivation, shall violate	3909
division (A) of this section.	3910

(C) Whoever violates this section is guilty of abduction, a	3911
felony of the third degree.	3912

(D) As used in this section, "sexual motivation" has the same	3913
meaning as in section 2971.01 of the Revised Code.	3914

Sec. 2905.03.  (A) No person, without privilege to do so,	3915
shall knowingly restrain another of histhe other person's	3916
liberty.	3917

(B) No person, without privilege to do so and with a sexual	3918
motivation, shall knowingly restrain another of the other person's	3919
liberty.	3920

(C) Whoever violates this section is guilty of unlawful	3921
restraint, a misdemeanor of the third degree.	3922

(D) As used in this section, "sexual motivation" has the same	3923
meaning as in section 2971.01 of the Revised Code.	3924

Sec. 2905.05.  (A) No person, by any means and without	3925
privilege to do so, shall knowingly solicit, coax, entice, or lure	3926
any child under fourteen years of age to accompany the person in	3927
any manner, including entering into any vehicle or onto any	3928
vessel, whether or not the offender knows the age of the child, if	3929
both of the following apply:	3930

(1) The actor does not have the express or implied permission	3931
of the parent, guardian, or other legal custodian of the child in	3932
undertaking the activity.	3933

(2) The actor is not a law enforcement officer, medic,	3934
firefighter, or other person who regularly provides emergency	3935
services, and is not an employee or agent of, or a volunteer	3936
acting under the direction of, any board of education, or the	3937
actor is any of such persons, but, at the time the actor	3938
undertakes the activity, the actor is not acting within the scope	3939
of the actor's lawful duties in that capacity.	3940

(B) No person, with a sexual motivation, shall violate	3941
division (A) of this section.	3942

(C) It is an affirmative defense to a charge under division	3943
(A) of this section that the actor undertook the activity in	3944
response to a bona fide emergency situation or that the actor	3945
undertook the activity in a reasonable belief that it was	3946
necessary to preserve the health, safety, or welfare of the child.	3947

(C)(D) Whoever violates this section is guilty of criminal	3948
child enticement, a misdemeanor of the first degree. If the	3949
offender previously has been convicted of a violation of this	3950
section, section 2907.02,or 2907.03, or former section 2907.12 of	3951
the Revised Code, or section 2905.01 or 2907.05 of the Revised	3952
Code when the victim of that prior offense was under seventeen	3953
years of age at the time of the offense, criminal child enticement	3954
is a felony of the fifth degree.	3955

(D)(E) As used in this section:

3956

(1) "Sexual motivation" has the same meaning as in section	3957
2971.01 of the Revised Code.	3958

(2) "Vehicle" has the same meaning as in section 4501.01 of	3959
the Revised Code.	3960

(2)(3) "Vessel" has the same meaning as in section 1547.01 of	3961
the Revised Code.	3962

Sec. 2907.01.  As used in sections 2907.01 to 2907.38 of the	3963
Revised Code:	3964

(A) "Sexual conduct" means vaginal intercourse between a male	3965
and female; anal intercourse, fellatio, and cunnilingus between	3966
persons regardless of sex; and, without privilege to do so, the	3967
insertion, however slight, of any part of the body or any	3968
instrument, apparatus, or other object into the vaginal or anal	3969
opening of another. Penetration, however slight, is sufficient to	3970
complete vaginal or anal intercourse.	3971

(B) "Sexual contact" means any touching of an erogenous zone	3972
of another, including without limitation the thigh, genitals,	3973
buttock, pubic region, or, if the person is a female, a breast,	3974
for the purpose of sexually arousing or gratifying either person.	3975

(C) "Sexual activity" means sexual conduct or sexual contact,	3976
or both.	3977

(D) "Prostitute" means a male or female who promiscuously	3978
engages in sexual activity for hire, regardless of whether the	3979
hire is paid to the prostitute or to another.	3980

(E) "Harmful to juveniles" means that quality of any material	3981
or performance describing or representing nudity, sexual conduct,	3982
sexual excitement, or sado-masochistic abuse in any form to which	3983
all of the following apply:	3984

(1) The material or performance, when considered as a whole,	3985
appeals to the prurient interest in sex of juveniles in sex.	3986

(2) The material or performance is patently offensive to	3987
prevailing standards in the adult community as a whole with	3988
respect to what is suitable for juveniles.	3989

(3) The material or performance, when considered as a whole,	3990
lacks serious literary, artistic, political, and scientific value	3991
for juveniles.	3992

(F) When considered as a whole, and judged with reference to	3993
ordinary adults or, if it is designed for sexual deviates or other	3994
specially susceptible group, judged with reference to that group,	3995
any material or performance is "obscene" if any of the following	3996
apply:	3997

(1) Its dominant appeal is to prurient interest;

3998

(2) Its dominant tendency is to arouse lust by displaying or	3999
depicting sexual activity, masturbation, sexual excitement, or	4000
nudity in a way that tends to represent human beings as mere	4001
objects of sexual appetite;	4002

(3) Its dominant tendency is to arouse lust by displaying or	4003
depicting bestiality or extreme or bizarre violence, cruelty, or	4004
brutality;	4005

(4) Its dominant tendency is to appeal to scatological	4006
interest by displaying or depicting human bodily functions of	4007
elimination in a way that inspires disgust or revulsion in persons	4008
with ordinary sensibilities, without serving any genuine	4009
scientific, educational, sociological, moral, or artistic purpose;	4010

(5) It contains a series of displays or descriptions of	4011
sexual activity, masturbation, sexual excitement, nudity,	4012
bestiality, extreme or bizarre violence, cruelty, or brutality, or	4013
human bodily functions of elimination, the cumulative effect of	4014
which is a dominant tendency to appeal to prurient or scatological	4015
interest, when the appeal to such an interest is primarily for its	4016
own sake or for commercial exploitation, rather than primarily for	4017
a genuine scientific, educational, sociological, moral, or	4018
artistic purpose.	4019

(G) "Sexual excitement" means the condition of human male or	4020
female genitals when in a state of sexual stimulation or arousal.	4021

(H) "Nudity" means the showing, representation, or depiction	4022
of human male or female genitals, pubic area, or buttocks with	4023
less than a full, opaque covering, or of a female breast with less	4024
than a full, opaque covering of any portion thereof below the top	4025
of the nipple, or of covered male genitals in a discernibly turgid	4026
state.	4027

(I) "Juvenile" means an unmarried person under the age of	4028
eighteen.	4029

(J) "Material" means any book, magazine, newspaper, pamphlet,	4030
poster, print, picture, figure, image, description, motion picture	4031
film, phonographic record, or tape, or other tangible thing	4032
capable of arousing interest through sight, sound, or touch and	4033
includes an image or text appearing on a computer monitor,	4034
television screen, liquid crystal display, or similar display	4035
device or an image or text recorded on a computer hard disk,	4036
computer floppy disk, compact disk, magnetic tape, or similar data	4037
storage device.	4038

(K) "Performance" means any motion picture, preview, trailer,	4039
play, show, skit, dance, or other exhibition performed before an	4040
audience.	4041

(L) "Spouse" means a person married to an offender at the	4042
time of an alleged offense, except that such person shall not be	4043
considered the spouse when any of the following apply:	4044

(1) When the parties have entered into a written separation	4045
agreement authorized by section 3103.06 of the Revised Code;	4046

(2) During the pendency of an action between the parties for	4047
annulment, divorce, dissolution of marriage, or legal separation;	4048

(3) In the case of an action for legal separation, after the	4049
effective date of the judgment for legal separation.	4050

(M) "Minor" means a person under the age of eighteen.

4051

(N) "Mental health client or patient" has the same meaning as	4052
in section 2305.51 of the Revised Code.	4053

(O) "Mental health professional" has the same meaning as in	4054
section 2305.115 of the Revised Code.	4055

(P) "Sado-masochistic abuse" means flagellation or torture by	4056
or upon a person or the condition of being fettered, bound, or	4057
otherwise physically restrained.	4058

Sec. 2907.02.  (A)(1) No person shall engage in sexual	4059
conduct with another who is not the spouse of the offender or who	4060
is the spouse of the offender but is living separate and apart	4061
from the offender, when any of the following applies:	4062

(a) For the purpose of preventing resistance, the offender	4063
substantially impairs the other person's judgment or control by	4064
administering any drug, intoxicant, or controlled substance to the	4065
other person surreptitiously or by force, threat of force, or	4066
deception.	4067

(b) The other person is less than thirteen years of age,	4068
whether or not the offender knows the age of the other person.	4069

(c) The other person's ability to resist or consent is	4070
substantially impaired because of a mental or physical condition	4071
or because of advanced age, and the offender knows or has	4072
reasonable cause to believe that the other person's ability to	4073
resist or consent is substantially impaired because of a mental or	4074
physical condition or because of advanced age.	4075

(2) No person shall engage in sexual conduct with another	4076
when the offender purposely compels the other person to submit by	4077
force or threat of force.	4078

(B) Whoever violates this section is guilty of rape, a felony	4079
of the first degree. If the offender under division (A)(1)(a) of	4080
this section substantially impairs the other person's judgment or	4081
control by administering any controlled substance described in	4082
section 3719.41 of the Revised Code to the other person	4083
surreptitiously or by force, threat of force, or deception, the	4084
prison term imposed upon the offender shall be one of the prison	4085
terms prescribed for a felony of the first degree in section	4086
2929.14 of the Revised Code that is not less than five years.	4087
Except as otherwise provided in this division, notwithstanding	4088
sections 2929.11 to 2929.14 of the Revised Code, an offender under	4089
division (A)(1)(b) of this section shall be sentenced to a prison	4090
term or term of life imprisonment pursuant to section 2971.03 of	4091
the Revised Code. If an offender is convicted of or pleads guilty	4092
to a violation of division (A)(1)(b) of this section, if the	4093
offender was less than sixteen years of age at the time the	4094
offender committed the violation of that division, and if the	4095
offender during or immediately after the commission of the offense	4096
did not cause serious physical harm to the victim, the victim was	4097
ten years of age or older at the time of the commission of the	4098
violation, and the offender has not previously been convicted of	4099
or pleaded guilty to a violation of this section or a	4100
substantially similar existing or former law of this state,	4101
another state, or the United States, the court shall not sentence	4102
the offender to a prison term or term of life imprisonment	4103
pursuant to section 2971.03 of the Revised Code, and instead the	4104
court shall sentence the offender as otherwise provided in this	4105
division. If an offender under division (A)(1)(b) of this section	4106
previously has been convicted of or pleaded guilty to violating	4107
division (A)(1)(b) of this section or to violating an existing or	4108
former law of this state, another state, or the United States that	4109
is substantially similar to division (A)(1)(b) of this section, if	4110
the offender during or immediately after the commission of the	4111
offense caused serious physical harm to the victim, or if the	4112
victim under division (A)(1)(b) of this section is less than ten	4113
years of age, in lieu of sentencing the offender to a prison term	4114
or term of life imprisonment pursuant to section 2971.03 of the	4115
Revised Code, the court may impose upon the offender a term of	4116
life without parole. If the court imposes a term of life without	4117
parole pursuant to this division, division (F) of section 2971.03	4118
of the Revised Code applies, and the offender automatically is	4119
classified a sexual predatortier III sex offender/child-victim	4120
offender, as described in that division.	4121

(C) A victim need not prove physical resistance to the	4122
offender in prosecutions under this section.	4123

(D) Evidence of specific instances of the victim's sexual	4124
activity, opinion evidence of the victim's sexual activity, and	4125
reputation evidence of the victim's sexual activity shall not be	4126
admitted under this section unless it involves evidence of the	4127
origin of semen, pregnancy, or disease, or the victim's past	4128
sexual activity with the offender, and only to the extent that the	4129
court finds that the evidence is material to a fact at issue in	4130
the case and that its inflammatory or prejudicial nature does not	4131
outweigh its probative value.	4132

Evidence of specific instances of the defendant's sexual	4133
activity, opinion evidence of the defendant's sexual activity, and	4134
reputation evidence of the defendant's sexual activity shall not	4135
be admitted under this section unless it involves evidence of the	4136
origin of semen, pregnancy, or disease, the defendant's past	4137
sexual activity with the victim, or is admissible against the	4138
defendant under section 2945.59 of the Revised Code, and only to	4139
the extent that the court finds that the evidence is material to a	4140
fact at issue in the case and that its inflammatory or prejudicial	4141
nature does not outweigh its probative value.	4142

(E) Prior to taking testimony or receiving evidence of any	4143
sexual activity of the victim or the defendant in a proceeding	4144
under this section, the court shall resolve the admissibility of	4145
the proposed evidence in a hearing in chambers, which shall be	4146
held at or before preliminary hearing and not less than three days	4147
before trial, or for good cause shown during the trial.	4148

(F) Upon approval by the court, the victim may be represented	4149
by counsel in any hearing in chambers or other proceeding to	4150
resolve the admissibility of evidence. If the victim is indigent	4151
or otherwise is unable to obtain the services of counsel, the	4152
court, upon request, may appoint counsel to represent the victim	4153
without cost to the victim.	4154

(G) It is not a defense to a charge under division (A)(2) of	4155
this section that the offender and the victim were married or were	4156
cohabiting at the time of the commission of the offense.	4157

Sec. 2907.05.  (A) No person shall have sexual contact with	4158
another, not the spouse of the offender; cause another, not the	4159
spouse of the offender, to have sexual contact with the offender;	4160
or cause two or more other persons to have sexual contact when any	4161
of the following applies:	4162

(1) The offender purposely compels the other person, or one	4163
of the other persons, to submit by force or threat of force.	4164

(2) For the purpose of preventing resistance, the offender	4165
substantially impairs the judgment or control of the other person	4166
or of one of the other persons by administering any drug,	4167
intoxicant, or controlled substance to the other person	4168
surreptitiously or by force, threat of force, or deception.	4169

(3) The offender knows that the judgment or control of the	4170
other person or of one of the other persons is substantially	4171
impaired as a result of the influence of any drug or intoxicant	4172
administered to the other person with the other person's consent	4173
for the purpose of any kind of medical or dental examination,	4174
treatment, or surgery.	4175

(4) The other person, or one of the other persons, is less	4176
than thirteen years of age, whether or not the offender knows the	4177
age of that person.	4178

(5) The ability of the other person to resist or consent or	4179
the ability of one of the other persons to resist or consent is	4180
substantially impaired because of a mental or physical condition	4181
or because of advanced age, and the offender knows or has	4182
reasonable cause to believe that the ability to resist or consent	4183
of the other person or of one of the other persons is	4184
substantially impaired because of a mental or physical condition	4185
or because of advanced age.	4186

(B) No person shall knowingly touch the genitalia of	4187
another, when the touching is not through clothing, the other	4188
person is less than twelve years of age, whether or not the	4189
offender knows the age of that person, and the touching is done	4190
with an intent to abuse, humiliate, harass, degrade, or arouse or	4191
gratify the sexual desire of any person.	4192

(C) Whoever violates this section is guilty of gross sexual	4193
imposition.	4194

(1) Except as otherwise provided in this section, gross	4195
sexual imposition committed in violation of division (A)(1), (2),	4196
(3), or (5) of this section is a felony of the fourth degree. If	4197
the offender under division (A)(2) of this section substantially	4198
impairs the judgment or control of the other person or one of the	4199
other persons by administering any controlled substance described	4200
in section 3719.41 of the Revised Code to the person	4201
surreptitiously or by force, threat of force, or deception, gross	4202
sexual imposition committed in violation of division (A)(2) of	4203
this section is a felony of the third degree.	4204

(2) Gross sexual imposition committed in violation of	4205
division (A)(4) or (B) of this section is a felony of the third	4206
degree. Except as otherwise provided in this division, for gross	4207
sexual imposition committed in violation of division (A)(4) or (B)	4208
of this section there is a presumption that a prison term shall be	4209
imposed for the offense. The court shall impose on an offender	4210
convicted of gross sexual imposition in violation of division	4211
(A)(4) or (B) of this section a mandatory prison term equal to one	4212
of the prison terms prescribed in section 2929.14 of the Revised	4213
Code for a felony of the third degree if either of the following	4214
applies:	4215

(a) Evidence other than the testimony of the victim was	4216
admitted in the case corroborating the violation;	4217

(b) The offender previously was convicted of or pleaded	4218
guilty to a violation of this section, rape, the former offense of	4219
felonious sexual penetration, or sexual battery, and the victim of	4220
the previous offense was underless than thirteen years of age.	4221

(C)(D) A victim need not prove physical resistance to the	4222
offender in prosecutions under this section.	4223

(D)(E) Evidence of specific instances of the victim's sexual	4224
activity, opinion evidence of the victim's sexual activity, and	4225
reputation evidence of the victim's sexual activity shall not be	4226
admitted under this section unless it involves evidence of the	4227
origin of semen, pregnancy, or disease, or the victim's past	4228
sexual activity with the offender, and only to the extent that the	4229
court finds that the evidence is material to a fact at issue in	4230
the case and that its inflammatory or prejudicial nature does not	4231
outweigh its probative value.	4232

Evidence of specific instances of the defendant's sexual	4233
activity, opinion evidence of the defendant's sexual activity, and	4234
reputation evidence of the defendant's sexual activity shall not	4235
be admitted under this section unless it involves evidence of the	4236
origin of semen, pregnancy, or disease, the defendant's past	4237
sexual activity with the victim, or is admissible against the	4238
defendant under section 2945.59 of the Revised Code, and only to	4239
the extent that the court finds that the evidence is material to a	4240
fact at issue in the case and that its inflammatory or prejudicial	4241
nature does not outweigh its probative value.	4242

(E)(F) Prior to taking testimony or receiving evidence of any	4243
sexual activity of the victim or the defendant in a proceeding	4244
under this section, the court shall resolve the admissibility of	4245
the proposed evidence in a hearing in chambers, which shall be	4246
held at or before preliminary hearing and not less than three days	4247
before trial, or for good cause shown during the trial.	4248

(F)(G) Upon approval by the court, the victim may be	4249
represented by counsel in any hearing in chambers or other	4250
proceeding to resolve the admissibility of evidence. If the victim	4251
is indigent or otherwise is unable to obtain the services of	4252
counsel, the court, upon request, may appoint counsel to represent	4253
the victim without cost to the victim.	4254

Sec. 2921.34.  (A)(1) No person, knowing the person is under	4255
detention or being reckless in that regard, shall purposely break	4256
or attempt to break the detention, or purposely fail to return to	4257
detention, either following temporary leave granted for a specific	4258
purpose or limited period, or at the time required when serving a	4259
sentence in intermittent confinement.	4260

(2)(a) Division (A)(2)(b) of this section applies to any	4261
person who is adjudicated a sexually violent predator and is	4262
sentenced to a prison term pursuant to division (A)(3) or (B) of	4263
section 2971.03 of the Revised Code for the sexually violent	4264
offense, to any person who is convicted of or pleads guilty to a	4265
violation of division (A)(1)(b) of section 2907.02 of the Revised	4266
Code committed on or after the effective date of this amendment	4267
and is sentenced to a prison term pursuant to division (B)(1)(a),	4268
(b), or (c) of section 2971.03 of the Revised Code for the	4269
violation, and to any person who is convicted of or pleads guilty	4270
to attempted rape committed on or after the effective date of this	4271
amendment and a specification of the type described in section	4272
2941.1418, 2941.1419, or 2941.1420 of the Revised Code and is	4273
sentenced to a prison term pursuant to division (B)(2)(a), (b), or	4274
(c) of section 2971.03 of the Revised Code for the attempted rape.	4275
No	4276

(b) No person to whom this division applies, for whom the	4277
requirement that the entire prison term imposed upon the person	4278
pursuant to division (A)(3) or (B) of section 2971.03 of the	4279
Revised Code be served in a state correctional institution has	4280
been modified pursuant to section 2971.05 of the Revised Code, and	4281
who, pursuant to that modification, is restricted to a geographic	4282
area, knowing that the person is under a geographic restriction or	4283
being reckless in that regard, shall purposely leave the	4284
geographic area to which the restriction applies or purposely fail	4285
to return to that geographic area following a temporary leave	4286
granted for a specific purpose or for a limited period of time.	4287

(B) Irregularity in bringing about or maintaining detention,	4288
or lack of jurisdiction of the committing or detaining authority,	4289
is not a defense to a charge under this section if the detention	4290
is pursuant to judicial order or in a detention facility. In the	4291
case of any other detention, irregularity or lack of jurisdiction	4292
is an affirmative defense only if either of the following occurs:	4293

(1) The escape involved no substantial risk of harm to the	4294
person or property of another.	4295

(2) The detaining authority knew or should have known there	4296
was no legal basis or authority for the detention.	4297

(C) Whoever violates this section is guilty of escape.

4298

(1) If the offender, at the time of the commission of the	4299
offense, was under detention as an alleged or adjudicated	4300
delinquent child or unruly child and if the act for which the	4301
offender was under detention would not be a felony if committed by	4302
an adult, escape is a misdemeanor of the first degree.	4303

(2) If the offender, at the time of the commission of the	4304
offense, was under detention in any other manner,or if the	4305
offender is a person who was adjudicated a sexually violent	4306
predator for whom the requirement that the entire prison term	4307
imposed upon the person pursuant to division (A)(3) or (B) of	4308
section 2971.03 of the Revised Code be served in a state	4309
correctional institution has been modified pursuant to section	4310
2971.05 of the Revised Code, the offender is a person who was	4311
convicted of or pleaded guilty to committing on or after the	4312
effective date of this amendment a violation of division (A)(1)(b)	4313
of section 2907.02 of the Revised Code for whom the requirement	4314
that the entire prison term imposed upon the person pursuant to	4315
division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised	4316
Code be served in a state correctional institution has been	4317
modified pursuant to section 2971.05 of the Revised Code, or the	4318
offender is a person who was convicted of or pleaded guilty to	4319
committing on or after the effective date of this amendment	4320
attempted rape, who also was convicted of or pleaded guilty to a	4321
specification of the type described in section 2941.1418,	4322
2941.1419, or 2941.1420 of the Revised Code, who was sentenced	4323
pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of	4324
the Revised Code, and for whom the requirement that the entire	4325
prison term imposed pursuant to that division be served in a state	4326
correctional institution has been modified pursuant to section	4327
2971.05 of the Revised Code, escape is one of the following:	4328

(a) A felony of the second degree, when the most serious	4329
offense for which the person was under detention or for which the	4330
person had been sentenced to the prison term under division	4331
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or	4332
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	4333
is aggravated murder, murder, or a felony of the first or second	4334
degree or, if the person was under detention as an alleged or	4335
adjudicated delinquent child, when the most serious act for which	4336
the person was under detention would be aggravated murder, murder,	4337
or a felony of the first or second degree if committed by an	4338
adult;	4339

(b) A felony of the third degree, when the most serious	4340
offense for which the person was under detention or for which the	4341
person had been sentenced to the prison term under division	4342
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or	4343
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	4344
is a felony of the third, fourth, or fifth degree or an	4345
unclassified felony or, if the person was under detention as an	4346
alleged or adjudicated delinquent child, when the most serious act	4347
for which the person was under detention would be a felony of the	4348
third, fourth, or fifth degree or an unclassified felony if	4349
committed by an adult;	4350

(c) A felony of the fifth degree, when any of the following	4351
applies:	4352

(i) The most serious offense for which the person was under	4353
detention is a misdemeanor.	4354

(ii) The person was found not guilty by reason of insanity,	4355
and the person's detention consisted of hospitalization,	4356
institutionalization, or confinement in a facility under an order	4357
made pursuant to or under authority of section 2945.40, 2945.401,	4358
or 2945.402 of the Revised Code.	4359

(d) A misdemeanor of the first degree, when the most serious	4360
offense for which the person was under detention is a misdemeanor	4361
and when the person fails to return to detention at a specified	4362
time following temporary leave granted for a specific purpose or	4363
limited period or at the time required when serving a sentence in	4364
intermittent confinement.	4365

(D) As used in this section:

4366

(1) "Adjudicated a sexually violent predator" has the same	4367
meaning as in section 2929.01 of the Revised Code, and a person is	4368
"adjudicated a sexually violent predator" in the same manner and	4369
the same circumstances as are described in that section.	4370

(2) "Sexually violent offense" has the same meaning as in	4371
section 2971.01 of the Revised Code.	4372

Sec. 2929.01.  As used in this chapter:

4373

(A)(1) "Alternative residential facility" means, subject to	4374
division (A)(2) of this section, any facility other than an	4375
offender's home or residence in which an offender is assigned to	4376
live and that satisfies all of the following criteria:	4377

(a) It provides programs through which the offender may seek	4378
or maintain employment or may receive education, training,	4379
treatment, or habilitation.	4380

(b) It has received the appropriate license or certificate	4381
for any specialized education, training, treatment, habilitation,	4382
or other service that it provides from the government agency that	4383
is responsible for licensing or certifying that type of education,	4384
training, treatment, habilitation, or service.	4385

(2) "Alternative residential facility" does not include a	4386
community-based correctional facility, jail, halfway house, or	4387
prison.	4388

(B) "Bad time" means the time by which the parole board	4389
administratively extends an offender's stated prison term or terms	4390
pursuant to section 2967.11 of the Revised Code because the parole	4391
board finds by clear and convincing evidence that the offender,	4392
while serving the prison term or terms, committed an act that is a	4393
criminal offense under the law of this state or the United States,	4394
whether or not the offender is prosecuted for the commission of	4395
that act.	4396

(C) "Basic probation supervision" means a requirement that	4397
the offender maintain contact with a person appointed to supervise	4398
the offender in accordance with sanctions imposed by the court or	4399
imposed by the parole board pursuant to section 2967.28 of the	4400
Revised Code. "Basic probation supervision" includes basic parole	4401
supervision and basic post-release control supervision.	4402

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	4403
"unit dose" have the same meanings as in section 2925.01 of the	4404
Revised Code.	4405

(E) "Community-based correctional facility" means a	4406
community-based correctional facility and program or district	4407
community-based correctional facility and program developed	4408
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	4409

(F) "Community control sanction" means a sanction that is not	4410
a prison term and that is described in section 2929.15, 2929.16,	4411
2929.17, or 2929.18 of the Revised Code or a sanction that is not	4412
a jail term and that is described in section 2929.26, 2929.27, or	4413
2929.28 of the Revised Code. "Community control sanction"	4414
includes probation if the sentence involved was imposed for a	4415
felony that was committed prior to July 1, 1996, or if the	4416
sentence involved was imposed for a misdemeanor that was committed	4417
prior to January 1, 2004.	4418

(G) "Controlled substance," "marihuana," "schedule I," and	4419
"schedule II" have the same meanings as in section 3719.01 of the	4420
Revised Code.	4421

(H) "Curfew" means a requirement that an offender during a	4422
specified period of time be at a designated place.	4423

(I) "Day reporting" means a sanction pursuant to which an	4424
offender is required each day to report to and leave a center or	4425
other approved reporting location at specified times in order to	4426
participate in work, education or training, treatment, and other	4427
approved programs at the center or outside the center.	4428

(J) "Deadly weapon" has the same meaning as in section	4429
2923.11 of the Revised Code.	4430

(K) "Drug and alcohol use monitoring" means a program under	4431
which an offender agrees to submit to random chemical analysis of	4432
the offender's blood, breath, or urine to determine whether the	4433
offender has ingested any alcohol or other drugs.	4434

(L) "Drug treatment program" means any program under which a	4435
person undergoes assessment and treatment designed to reduce or	4436
completely eliminate the person's physical or emotional reliance	4437
upon alcohol, another drug, or alcohol and another drug and under	4438
which the person may be required to receive assessment and	4439
treatment on an outpatient basis or may be required to reside at a	4440
facility other than the person's home or residence while	4441
undergoing assessment and treatment.	4442

(M) "Economic loss" means any economic detriment suffered by	4443
a victim as a direct and proximate result of the commission of an	4444
offense and includes any loss of income due to lost time at work	4445
because of any injury caused to the victim, and any property loss,	4446
medical cost, or funeral expense incurred as a result of the	4447
commission of the offense. "Economic loss" does not include	4448
non-economic loss or any punitive or exemplary damages.	4449

(N) "Education or training" includes study at, or in	4450
conjunction with a program offered by, a university, college, or	4451
technical college or vocational study and also includes the	4452
completion of primary school, secondary school, and literacy	4453
curricula or their equivalent.	4454

(O) "Firearm" has the same meaning as in section 2923.11 of	4455
the Revised Code.	4456

(P) "Halfway house" means a facility licensed by the division	4457
of parole and community services of the department of	4458
rehabilitation and correction pursuant to section 2967.14 of the	4459
Revised Code as a suitable facility for the care and treatment of	4460
adult offenders.	4461

(Q) "House arrest" means a period of confinement of an	4462
offender that is in the offender's home or in other premises	4463
specified by the sentencing court or by the parole board pursuant	4464
to section 2967.28 of the Revised Code and during which all of the	4465
following apply:	4466

(1) The offender is required to remain in the offender's home	4467
or other specified premises for the specified period of	4468
confinement, except for periods of time during which the offender	4469
is at the offender's place of employment or at other premises as	4470
authorized by the sentencing court or by the parole board.	4471

(2) The offender is required to report periodically to a	4472
person designated by the court or parole board.	4473

(3) The offender is subject to any other restrictions and	4474
requirements that may be imposed by the sentencing court or by the	4475
parole board.	4476

(R) "Intensive probation supervision" means a requirement	4477
that an offender maintain frequent contact with a person appointed	4478
by the court, or by the parole board pursuant to section 2967.28	4479
of the Revised Code, to supervise the offender while the offender	4480
is seeking or maintaining necessary employment and participating	4481
in training, education, and treatment programs as required in the	4482
court's or parole board's order. "Intensive probation supervision"	4483
includes intensive parole supervision and intensive post-release	4484
control supervision.	4485

(S) "Jail" means a jail, workhouse, minimum security jail, or	4486
other residential facility used for the confinement of alleged or	4487
convicted offenders that is operated by a political subdivision or	4488
a combination of political subdivisions of this state.	4489

(T) "Jail term" means the term in a jail that a sentencing	4490
court imposes or is authorized to impose pursuant to section	4491
2929.24 or 2929.25 of the Revised Code or pursuant to any other	4492
provision of the Revised Code that authorizes a term in a jail for	4493
a misdemeanor conviction.	4494

(U) "Mandatory jail term" means the term in a jail that a	4495
sentencing court is required to impose pursuant to division (G) of	4496
section 1547.99 of the Revised Code, division (E) of section	4497
2903.06 or division (D) of section 2903.08 of the Revised Code,	4498
division (E) of section 2929.24 of the Revised Code, division (B)	4499
of section 4510.14 of the Revised Code, or division (G) of section	4500
4511.19 of the Revised Code or pursuant to any other provision of	4501
the Revised Code that requires a term in a jail for a misdemeanor	4502
conviction.	4503

(V) "Delinquent child" has the same meaning as in section	4504
2152.02 of the Revised Code.	4505

(W) "License violation report" means a report that is made by	4506
a sentencing court, or by the parole board pursuant to section	4507
2967.28 of the Revised Code, to the regulatory or licensing board	4508
or agency that issued an offender a professional license or a	4509
license or permit to do business in this state and that specifies	4510
that the offender has been convicted of or pleaded guilty to an	4511
offense that may violate the conditions under which the offender's	4512
professional license or license or permit to do business in this	4513
state was granted or an offense for which the offender's	4514
professional license or license or permit to do business in this	4515
state may be revoked or suspended.	4516

(X) "Major drug offender" means an offender who is convicted	4517
of or pleads guilty to the possession of, sale of, or offer to	4518
sell any drug, compound, mixture, preparation, or substance that	4519
consists of or contains at least one thousand grams of hashish; at	4520
least one hundred grams of crack cocaine; at least one thousand	4521
grams of cocaine that is not crack cocaine; at least two thousand	4522
five hundred unit doses or two hundred fifty grams of heroin; at	4523
least five thousand unit doses of L.S.D. or five hundred grams of	4524
L.S.D. in a liquid concentrate, liquid extract, or liquid	4525
distillate form; or at least one hundred times the amount of any	4526
other schedule I or II controlled substance other than marihuana	4527
that is necessary to commit a felony of the third degree pursuant	4528
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	4529
Code that is based on the possession of, sale of, or offer to sell	4530
the controlled substance.	4531

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

4532

(1) Subject to division (Y)(2) of this section, the term in	4533
prison that must be imposed for the offenses or circumstances set	4534
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	4535
2929.13 and division (D) of section 2929.14 of the Revised Code.	4536
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	4537
and 2925.11 of the Revised Code, unless the maximum or another	4538
specific term is required under section 2929.14 or 2929.142 of the	4539
Revised Code, a mandatory prison term described in this division	4540
may be any prison term authorized for the level of offense.	4541

(2) The term of sixty or one hundred twenty days in prison	4542
that a sentencing court is required to impose for a third or	4543
fourth degree felony OVI offense pursuant to division (G)(2) of	4544
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	4545
of the Revised Code or the term of one, two, three, four, or five	4546
years in prison that a sentencing court is required to impose	4547
pursuant to division (G)(2) of section 2929.13 of the Revised	4548
Code.	4549

(3) The term in prison imposed pursuant to division (A) of	4550
section 2971.03 of the Revised Code for the offenses and in the	4551
circumstances described in division (F)(11) of section 2929.13 of	4552
the Revised Code,or pursuant to division (B)(1)(a), (b), or (c),	4553
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	4554
2971.03 of the Revised Code for the offense of rape committed on	4555
or after the effective date of this amendment in violation of	4556
division (A)(1)(b) of section 2907.02 of the Revised Code,	4557
pursuant to division (B)(2)(a) of section 2971.03 of the Revised	4558
Code for the offense of attempted rape committed on or after the	4559
effective date of this amendment and a specification of the type	4560
described in section 2941.1418 of the Revised Code, pursuant to	4561
division (B)(2)(b) of section 2971.03 of the Revised Code for the	4562
offense of attempted rape committed on or after the effective date	4563
of this amendment and a specification of the type described in	4564
section 2941.1419 of the Revised Code, or pursuant to division	4565
(B)(2)(c) of section 2971.03 of the Revised Code for the offense	4566
of attempted rape committed on or after the effective date of this	4567
amendment and a specification of the type described in section	4568
2941.1420 of the Revised Code and that term as modified or	4569
terminated pursuant to section 2971.05 of the Revised Code.	4570

(Z) "Monitored time" means a period of time during which an	4571
offender continues to be under the control of the sentencing court	4572
or parole board, subject to no conditions other than leading a	4573
law-abiding life.	4574

(AA) "Offender" means a person who, in this state, is	4575
convicted of or pleads guilty to a felony or a misdemeanor.	4576

(BB) "Prison" means a residential facility used for the	4577
confinement of convicted felony offenders that is under the	4578
control of the department of rehabilitation and correction but	4579
does not include a violation sanction center operated under	4580
authority of section 2967.141 of the Revised Code.	4581

(CC) "Prison term" includes any of the following sanctions	4582
for an offender:	4583

(1) A stated prison term;

4584

(2) A term in a prison shortened by, or with the approval of,	4585
the sentencing court pursuant to section 2929.20, 2967.26,	4586
5120.031, 5120.032, or 5120.073 of the Revised Code;	4587

(3) A term in prison extended by bad time imposed pursuant to	4588
section 2967.11 of the Revised Code or imposed for a violation of	4589
post-release control pursuant to section 2967.28 of the Revised	4590
Code.	4591

(DD) "Repeat violent offender" means a person about whom both	4592
of the following apply:	4593

(1) The person is being sentenced for committing or for	4594
complicity in committing any of the following:	4595

(a) Aggravated murder, murder, any felony of the first or	4596
second degree that is an offense of violence, or an attempt to	4597
commit any of these offenses if the attempt is a felony of the	4598
first or second degree;	4599

(b) An offense under an existing or former law of this state,	4600
another state, or the United States that is or was substantially	4601
equivalent to an offense described in division (DD)(1)(a) of this	4602
section.	4603

(2) The person previously was convicted of or pleaded guilty	4604
to an offense described in division (DD)(1)(a) or (b) of this	4605
section.	4606

(EE) "Sanction" means any penalty imposed upon an offender	4607
who is convicted of or pleads guilty to an offense, as punishment	4608
for the offense. "Sanction" includes any sanction imposed pursuant	4609
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	4610
2929.28 of the Revised Code.	4611

(FF) "Sentence" means the sanction or combination of	4612
sanctions imposed by the sentencing court on an offender who is	4613
convicted of or pleads guilty to an offense.	4614

(GG) "Stated prison term" means the prison term, mandatory	4615
prison term, or combination of all prison terms and mandatory	4616
prison terms imposed by the sentencing court pursuant to section	4617
2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated prison	4618
term" includes any credit received by the offender for time spent	4619
in jail awaiting trial, sentencing, or transfer to prison for the	4620
offense and any time spent under house arrest or house arrest with	4621
electronic monitoring imposed after earning credits pursuant to	4622
section 2967.193 of the Revised Code.	4623

(HH) "Victim-offender mediation" means a reconciliation or	4624
mediation program that involves an offender and the victim of the	4625
offense committed by the offender and that includes a meeting in	4626
which the offender and the victim may discuss the offense, discuss	4627
restitution, and consider other sanctions for the offense.	4628

(II) "Fourth degree felony OVI offense" means a violation of	4629
division (A) of section 4511.19 of the Revised Code that, under	4630
division (G) of that section, is a felony of the fourth degree.	4631

(JJ) "Mandatory term of local incarceration" means the term	4632
of sixty or one hundred twenty days in a jail, a community-based	4633
correctional facility, a halfway house, or an alternative	4634
residential facility that a sentencing court may impose upon a	4635
person who is convicted of or pleads guilty to a fourth degree	4636
felony OVI offense pursuant to division (G)(1) of section 2929.13	4637
of the Revised Code and division (G)(1)(d) or (e) of section	4638
4511.19 of the Revised Code.	4639

(KK) "Designated homicide, assault, or kidnapping offense,"	4640
"violent sex offense," "sexual motivation specification,"	4641
"sexually violent offense," "sexually violent predator," and	4642
"sexually violent predator specification" have the same meanings	4643
as in section 2971.01 of the Revised Code.	4644

(LL) "Habitual sex offender," "sexuallySexually oriented	4645
offense," "sexual predator," "registration-exempt sexually	4646
oriented offense," "child-victim oriented offense," "habitualand	4647
"tier III sex offender/child-victim offender," and "child-victim	4648
predator" have the same meanings as in section 2950.01 of the	4649
Revised Code.	4650

(MM) An offense is "committed in the vicinity of a child" if	4651
the offender commits the offense within thirty feet of or within	4652
the same residential unit as a child who is under eighteen years	4653
of age, regardless of whether the offender knows the age of the	4654
child or whether the offender knows the offense is being committed	4655
within thirty feet of or within the same residential unit as the	4656
child and regardless of whether the child actually views the	4657
commission of the offense.	4658

(NN) "Family or household member" has the same meaning as in	4659
section 2919.25 of the Revised Code.	4660

(OO) "Motor vehicle" and "manufactured home" have the same	4661
meanings as in section 4501.01 of the Revised Code.	4662

(PP) "Detention" and "detention facility" have the same	4663
meanings as in section 2921.01 of the Revised Code.	4664

(QQ) "Third degree felony OVI offense" means a violation of	4665
division (A) of section 4511.19 of the Revised Code that, under	4666
division (G) of that section, is a felony of the third degree.	4667

(RR) "Random drug testing" has the same meaning as in section	4668
5120.63 of the Revised Code.	4669

(SS) "Felony sex offense" has the same meaning as in section	4670
2967.28 of the Revised Code.	4671

(TT) "Body armor" has the same meaning as in section	4672
2941.1411 of the Revised Code.	4673

(UU) "Electronic monitoring" means monitoring through the use	4674
of an electronic monitoring device.	4675

(VV) "Electronic monitoring device" means any of the	4676
following:	4677

(1) Any device that can be operated by electrical or battery	4678
power and that conforms with all of the following:	4679

(a) The device has a transmitter that can be attached to a	4680
person, that will transmit a specified signal to a receiver of the	4681
type described in division (VV)(1)(b) of this section if the	4682
transmitter is removed from the person, turned off, or altered in	4683
any manner without prior court approval in relation to electronic	4684
monitoring or without prior approval of the department of	4685
rehabilitation and correction in relation to the use of an	4686
electronic monitoring device for an inmate on transitional control	4687
or otherwise is tampered with, that can transmit continuously and	4688
periodically a signal to that receiver when the person is within a	4689
specified distance from the receiver, and that can transmit an	4690
appropriate signal to that receiver if the person to whom it is	4691
attached travels a specified distance from that receiver.	4692

(b) The device has a receiver that can receive continuously	4693
the signals transmitted by a transmitter of the type described in	4694
division (VV)(1)(a) of this section, can transmit continuously	4695
those signals by telephone to a central monitoring computer of the	4696
type described in division (VV)(1)(c) of this section, and can	4697
transmit continuously an appropriate signal to that central	4698
monitoring computer if the receiver is turned off or altered	4699
without prior court approval or otherwise tampered with.	4700

(c) The device has a central monitoring computer that can	4701
receive continuously the signals transmitted by telephone by a	4702
receiver of the type described in division (VV)(1)(b) of this	4703
section and can monitor continuously the person to whom an	4704
electronic monitoring device of the type described in division	4705
(VV)(1)(a) of this section is attached.	4706

(2) Any device that is not a device of the type described in	4707
division (VV)(1) of this section and that conforms with all of the	4708
following:	4709

(a) The device includes a transmitter and receiver that can	4710
monitor and determine the location of a subject person at any	4711
time, or at a designated point in time, through the use of a	4712
central monitoring computer or through other electronic means.	4713

(b) The device includes a transmitter and receiver that can	4714
determine at any time, or at a designated point in time, through	4715
the use of a central monitoring computer or other electronic means	4716
the fact that the transmitter is turned off or altered in any	4717
manner without prior approval of the court in relation to the	4718
electronic monitoring or without prior approval of the department	4719
of rehabilitation and correction in relation to the use of an	4720
electronic monitoring device for an inmate on transitional control	4721
or otherwise is tampered with.	4722

(3) Any type of technology that can adequately track or	4723
determine the location of a subject person at any time and that is	4724
approved by the director of rehabilitation and correction,	4725
including, but not limited to, any satellite technology, voice	4726
tracking system, or retinal scanning system that is so approved.	4727

(WW) "Non-economic loss" means nonpecuniary harm suffered by	4728
a victim of an offense as a result of or related to the commission	4729
of the offense, including, but not limited to, pain and suffering;	4730
loss of society, consortium, companionship, care, assistance,	4731
attention, protection, advice, guidance, counsel, instruction,	4732
training, or education; mental anguish; and any other intangible	4733
loss.	4734

(XX) "Prosecutor" has the same meaning as in section 2935.01	4735
of the Revised Code.	4736

(YY) "Continuous alcohol monitoring" means the ability to	4737
automatically test and periodically transmit alcohol consumption	4738
levels and tamper attempts at least every hour, regardless of the	4739
location of the person who is being monitored.	4740

(ZZ) A person is "adjudicated a sexually violent predator" if	4741
the person is convicted of or pleads guilty to a violent sex	4742
offense and also is convicted of or pleads guilty to a sexually	4743
violent predator specification that was included in the	4744
indictment, count in the indictment, or information charging that	4745
violent sex offense or if the person is convicted of or pleads	4746
guilty to a designated homicide, assault, or kidnapping offense	4747
and also is convicted of or pleads guilty to both a sexual	4748
motivation specification and a sexually violent predator	4749
specification that were included in the indictment, count in the	4750
indictment, or information charging that designated homicide,	4751
assault, or kidnapping offense.	4752

Sec. 2929.02.  (A) Whoever is convicted of or pleads guilty	4753
to aggravated murder in violation of section 2903.01 of the	4754
Revised Code shall suffer death or be imprisoned for life, as	4755
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	4756
the Revised Code, except that no person who raises the matter of	4757
age pursuant to section 2929.023 of the Revised Code and who is	4758
not found to have been eighteen years of age or older at the time	4759
of the commission of the offense shall suffer death. In addition,	4760
the offender may be fined an amount fixed by the court, but not	4761
more than twenty-five thousand dollars.	4762

(B) Whoever(1) Except as otherwise provided in division	4763
(B)(2) or (3) of this section, whoever is convicted of or pleads	4764
guilty to murder in violation of section 2903.02 of the Revised	4765
Code shall be imprisoned for an indefinite term of fifteen years	4766
to life, except that, if the offender.	4767

(2) Except as otherwise provided in division (B)(3) of this	4768
section, if a person is convicted of or pleads guilty to murder in	4769
violation of section 2903.02 of the Revised Code, the victim of	4770
the offense was less than thirteen years of age, and the offender	4771
also is convicted of or pleads guilty to a sexual motivation	4772
specification that was included in the indictment, count in the	4773
indictment, or information charging the offense, the court shall	4774
impose an indefinite prison term of thirty years to life pursuant	4775
to division (B)(3) of section 2971.03 of the Revised Code.	4776

(3) If a person is convicted of or pleads guilty to murder in	4777
violation of section 2903.02 of the Revised Code and also is	4778
convicted of or pleads guilty to a sexual motivation specification	4779
and a sexually violent predator specification that were included	4780
in the indictment, count in the indictment, or information that	4781
charged the murder, the court shall impose upon the offender a	4782
term of life imprisonment without parole that shall be served	4783
pursuant to section 2971.03 of the Revised Code. In	4784

(4) In addition, the offender may be fined an amount fixed by	4785
the court, but not more than fifteen thousand dollars.	4786

(C) The court shall not impose a fine or fines for aggravated	4787
murder or murder which, in the aggregate and to the extent not	4788
suspended by the court, exceeds the amount which the offender is	4789
or will be able to pay by the method and within the time allowed	4790
without undue hardship to the offender or to the dependents of the	4791
offender, or will prevent the offender from making reparation for	4792
the victim's wrongful death.	4793

(D)(1) In addition to any other sanctions imposed for a	4794
violation of section 2903.01 or 2903.02 of the Revised Code, if	4795
the offender used a motor vehicle as the means to commit the	4796
violation, the court shall impose upon the offender a class two	4797
suspension of the offender's driver's license, commercial driver's	4798
license, temporary instruction permit, probationary license, or	4799
nonresident operating privilege as specified in division (A)(2) of	4800
section 4510.02 of the Revised Code.	4801

(2) As used in division (D) of this section, "motor vehicle"	4802
has the same meaning as in section 4501.01 of the Revised Code.	4803

Sec. 2929.022.  (A) If an indictment or count in an	4804
indictment charging a defendant with aggravated murder contains a	4805
specification of the aggravating circumstance of a prior	4806
conviction listed in division (A)(5) of section 2929.04 of the	4807
Revised Code, the defendant may elect to have the panel of three	4808
judges, if hethe defendant waives trial by jury, or the trial	4809
judge, if hethe defendant is tried by jury, determine the	4810
existence of that aggravating circumstance at the sentencing	4811
hearing held pursuant to divisions (C) and (D) of section 2929.03	4812
of the Revised Code.	4813

(1) If the defendant does not elect to have the existence of	4814
the aggravating circumstance determined at the sentencing hearing,	4815
the defendant shall be tried on the charge of aggravated murder,	4816
on the specification of the aggravating circumstance of a prior	4817
conviction listed in division (A)(5) of section 2929.04 of the	4818
Revised Code, and on any other specifications of an aggravating	4819
circumstance listed in division (A) of section 2929.04 of the	4820
Revised Code in a single trial as in any other criminal case in	4821
which a person is charged with aggravated murder and	4822
specifications.	4823

(2) If the defendant does elect to have the existence of the	4824
aggravating circumstance of a prior conviction listed in division	4825
(A)(5) of section 2929.04 of the Revised Code determined at the	4826
sentencing hearing, then, following a verdict of guilty of the	4827
charge of aggravated murder, the panel of three judges or the	4828
trial judge shall:	4829

(a) Hold a sentencing hearing pursuant to division (B) of	4830
this section, unless required to do otherwise under division	4831
(A)(2)(b) of this section;	4832

(b) If the offender raises the matter of age at trial	4833
pursuant to section 2929.023 of the Revised Code and is not found	4834
at trial to have been eighteen years of age or older at the time	4835
of the commission of the offense, conduct a hearing to determine	4836
if the specification of the aggravating circumstance of a prior	4837
conviction listed in division (A)(5) of section 2929.04 of the	4838
Revised Code is proven beyond a reasonable doubt. After conducting	4839
the hearing, the panel or judge shall proceed as follows:	4840

(i) If that aggravating circumstance is proven beyond a	4841
reasonable doubt or if the defendant at trial was convicted of any	4842
other specification of an aggravating circumstance, the panel or	4843
judge shall impose sentence according to division (E) of section	4844
2929.03 of the Revised Code;.	4845

(ii) If that aggravating circumstance is not proven beyond a	4846
reasonable doubt and the defendant at trial was not convicted of	4847
any other specification of an aggravating circumstance, except as	4848
otherwise provided in this division, the panel or judge shall	4849
impose sentence of life imprisonment with parole eligibility after	4850
serving twenty years of imprisonment on the offender. If that	4851
aggravating circumstance is not proven beyond a reasonable doubt,	4852
the defendant at trial was not convicted of any other	4853
specification of an aggravating circumstance, the victim of the	4854
aggravated murder was less than thirteen years of age, and the	4855
offender also is convicted of or pleads guilty to a sexual	4856
motivation specification that was included in the indictment,	4857
count in the indictment, or information charging the offense, the	4858
panel or judge shall sentence the offender pursuant to division	4859
(B)(3) of section 2971.03 of the Revised Code to an indefinite	4860
term consisting of a minimum term of thirty years and a maximum	4861
term of life imprisonment.	4862

(B) At the sentencing hearing, the panel of judges, if the	4863
defendant was tried by a panel of three judges, or the trial	4864
judge, if the defendant was tried by jury, shall, when required	4865
pursuant to division (A)(2) of this section, first determine if	4866
the specification of the aggravating circumstance of a prior	4867
conviction listed in division (A)(5) of section 2929.04 of the	4868
Revised Code is proven beyond a reasonable doubt. If the panel of	4869
judges or the trial judge determines that the specification of the	4870
aggravating circumstance of a prior conviction listed in division	4871
(A)(5) of section 2929.04 of the Revised Code is proven beyond a	4872
reasonable doubt or if they do not determine that the	4873
specification is proven beyond a reasonable doubt but the	4874
defendant at trial was convicted of a specification of any other	4875
aggravating circumstance listed in division (A) of section 2929.04	4876
of the Revised Code, the panel of judges or the trial judge and	4877
trial jury shall impose sentence on the offender pursuant to	4878
division (D) of section 2929.03 and section 2929.04 of the Revised	4879
Code. If the panel of judges or the trial judge does not determine	4880
that the specification of the aggravating circumstance of a prior	4881
conviction listed in division (A)(5) of section 2929.04 of the	4882
Revised Code is proven beyond a reasonable doubt and the defendant	4883
at trial was not convicted of any other specification of an	4884
aggravating circumstance listed in division (A) of section 2929.04	4885
of the Revised Code, the panel of judges or the trial judge shall	4886
terminate the sentencing hearing and impose sentence on the	4887
offender as follows:	4888

(1) Subject to division (B)(2) of this section, the panel or	4889
judge shall impose a sentence of life imprisonment with parole	4890
eligibility after serving twenty years of imprisonment on the	4891
offender.	4892

(2) If the victim of the aggravated murder was less than	4893
thirteen years of age and the offender also is convicted of or	4894
pleads guilty to a sexual motivation specification that was	4895
included in the indictment, count in the indictment, or	4896
information charging the offense, the panel or judge shall	4897
sentence the offender pursuant to division (B)(3) of section	4898
2971.03 of the Revised Code to an indefinite term consisting of a	4899
minimum term of thirty years and a maximum term of life	4900
imprisonment.	4901

Sec. 2929.03.  (A) If the indictment or count in the	4902
indictment charging aggravated murder does not contain one or more	4903
specifications of aggravating circumstances listed in division (A)	4904
of section 2929.04 of the Revised Code, then, following a verdict	4905
of guilty of the charge of aggravated murder, the trial court	4906
shall impose sentence on the offender as follows:	4907

(1) Except as provided in division (A)(2) of this section,	4908
the trial court shall impose one of the following sentences on the	4909
offender:	4910

(a) Life imprisonment without parole;

4911

(b) LifeSubject to division (A)(1)(e) of this section, life	4912
imprisonment with parole eligibility after serving twenty years of	4913
imprisonment;	4914

(c) LifeSubject to division (A)(1)(e) of this section, life	4915
imprisonment with parole eligibility after serving twenty-five	4916
full years of imprisonment;	4917

(d) LifeSubject to division (A)(1)(e) of this section, life	4918
imprisonment with parole eligibility after serving thirty full	4919
years of imprisonment;	4920

(e) If the victim of the aggravated murder was less than	4921
thirteen years of age, the offender also is convicted of or pleads	4922
guilty to a sexual motivation specification that was included in	4923
the indictment, count in the indictment, or information charging	4924
the offense, and the trial court does not impose a sentence of	4925
life imprisonment without parole on the offender pursuant to	4926
division (A)(1)(a) of this section, the trial court shall sentence	4927
the offender pursuant to division (B)(3) of section 2971.03 of the	4928
Revised Code to an indefinite term consisting of a minimum term of	4929
thirty years and a maximum term of life imprisonment that shall be	4930
served pursuant to that section.	4931

(2) If the offender also is convicted of or pleads guilty to	4932
a sexual motivation specification and a sexually violent predator	4933
specification that are included in the indictment, count in the	4934
indictment, or information that charged the aggravated murder, the	4935
trial court shall impose upon the offender a sentence of life	4936
imprisonment without parole that shall be served pursuant to	4937
section 2971.03 of the Revised Code.	4938

(B) If the indictment or count in the indictment charging	4939
aggravated murder contains one or more specifications of	4940
aggravating circumstances listed in division (A) of section	4941
2929.04 of the Revised Code, the verdict shall separately state	4942
whether the accused is found guilty or not guilty of the principal	4943
charge and, if guilty of the principal charge, whether the	4944
offender was eighteen years of age or older at the time of the	4945
commission of the offense, if the matter of age was raised by the	4946
offender pursuant to section 2929.023 of the Revised Code, and	4947
whether the offender is guilty or not guilty of each	4948
specification. The jury shall be instructed on its duties in this	4949
regard. The instruction to the jury shall include an instruction	4950
that a specification shall be proved beyond a reasonable doubt in	4951
order to support a guilty verdict on the specification, but the	4952
instruction shall not mention the penalty that may be the	4953
consequence of a guilty or not guilty verdict on any charge or	4954
specification.	4955

(C)(1) If the indictment or count in the indictment charging	4956
aggravated murder contains one or more specifications of	4957
aggravating circumstances listed in division (A) of section	4958
2929.04 of the Revised Code, then, following a verdict of guilty	4959
of the charge but not guilty of each of the specifications, and	4960
regardless of whether the offender raised the matter of age	4961
pursuant to section 2929.023 of the Revised Code, the trial court	4962
shall impose sentence on the offender as follows:	4963

(a) Except as provided in division (C)(1)(b) of this section,	4964
the trial court shall impose one of the following sentences on the	4965
offender:	4966

(i) Life imprisonment without parole;

4967

(ii) LifeSubject to division (C)(1)(a)(v) of this section,	4968
life imprisonment with parole eligibility after serving twenty	4969
years of imprisonment;	4970

(iii) LifeSubject to division (C)(1)(a)(v) of this section,	4971
life imprisonment with parole eligibility after serving	4972
twenty-five full years of imprisonment;	4973

(iv) LifeSubject to division (C)(1)(a)(v) of this section,	4974
life imprisonment with parole eligibility after serving thirty	4975
full years of imprisonment;	4976

(v) If the victim of the aggravated murder was less than	4977
thirteen years of age, the offender also is convicted of or pleads	4978
guilty to a sexual motivation specification that was included in	4979
the indictment, count in the indictment, or information charging	4980
the offense, and the trial court does not impose a sentence of	4981
life imprisonment without parole on the offender pursuant to	4982
division (C)(1)(a)(i) of this section, the trial court shall	4983
sentence the offender pursuant to division (B)(3) of section	4984
2971.03 of the Revised Code to an indefinite term consisting of a	4985
minimum term of thirty years and a maximum term of life	4986
imprisonment.	4987

(b) If the offender also is convicted of or pleads guilty to	4988
a sexual motivation specification and a sexually violent predator	4989
specification that are included in the indictment, count in the	4990
indictment, or information that charged the aggravated murder, the	4991
trial court shall impose upon the offender a sentence of life	4992
imprisonment without parole that shall be served pursuant to	4993
section 2971.03 of the Revised Code.	4994

(2)(a) If the indictment or count in the indictment contains	4995
one or more specifications of aggravating circumstances listed in	4996
division (A) of section 2929.04 of the Revised Code and if the	4997
offender is found guilty of both the charge and one or more of the	4998
specifications, the penalty to be imposed on the offender shall be	4999
one of the following:	5000

(i) Except as provided in division (C)(2)(a)(ii) or (iii) of	5001
this section, the penalty to be imposed on the offender shall be	5002
death, life imprisonment without parole, life imprisonment with	5003
parole eligibility after serving twenty-five full years of	5004
imprisonment, or life imprisonment with parole eligibility after	5005
serving thirty full years of imprisonment.	5006

(ii) Except as provided in division (C)(2)(a)(iii) of this	5007
section, if the victim of the aggravated murder was less than	5008
thirteen years of age, the offender also is convicted of or pleads	5009
guilty to a sexual motivation specification that was included in	5010
the indictment, count in the indictment, or information charging	5011
the offense, and the trial court does not impose a sentence of	5012
death or life imprisonment without parole on the offender pursuant	5013
to division (C)(2)(a)(i) of this section, the penalty to be	5014
imposed on the offender shall be an indefinite term consisting of	5015
a minimum term of thirty years and a maximum term of life	5016
imprisonment that shall be imposed pursuant to division (B)(3) of	5017
section 2971.03 of the Revised Code and served pursuant to that	5018
section.	5019

(iii) If the offender also is convicted of or pleads guilty	5020
to a sexual motivation specification and a sexually violent	5021
predator specification that are included in the indictment, count	5022
in the indictment, or information that charged the aggravated	5023
murder, the penalty to be imposed on the offender shall be death	5024
or life imprisonment without parole that shall be served pursuant	5025
to section 2971.03 of the Revised Code.	5026

(b) A penalty imposed pursuant to division (C)(2)(a)(i) or,	5027
(ii), or (iii) of this section shall be determined pursuant to	5028
divisions (D) and (E) of this section and shall be determined by	5029
one of the following:	5030

(i) By the panel of three judges that tried the offender upon	5031
the offender's waiver of the right to trial by jury;	5032

(ii) By the trial jury and the trial judge, if the offender	5033
was tried by jury.	5034

(D)(1) Death may not be imposed as a penalty for aggravated	5035
murder if the offender raised the matter of age at trial pursuant	5036
to section 2929.023 of the Revised Code and was not found at trial	5037
to have been eighteen years of age or older at the time of the	5038
commission of the offense. When death may be imposed as a penalty	5039
for aggravated murder, the court shall proceed under this	5040
division. When death may be imposed as a penalty, the court, upon	5041
the request of the defendant, shall require a pre-sentence	5042
investigation to be made and, upon the request of the defendant,	5043
shall require a mental examination to be made, and shall require	5044
reports of the investigation and of any mental examination	5045
submitted to the court, pursuant to section 2947.06 of the Revised	5046
Code. No statement made or information provided by a defendant in	5047
a mental examination or proceeding conducted pursuant to this	5048
division shall be disclosed to any person, except as provided in	5049
this division, or be used in evidence against the defendant on the	5050
issue of guilt in any retrial. A pre-sentence investigation or	5051
mental examination shall not be made except upon request of the	5052
defendant. Copies of any reports prepared under this division	5053
shall be furnished to the court, to the trial jury if the offender	5054
was tried by a jury, to the prosecutor, and to the offender or the	5055
offender's counsel for use under this division. The court, and the	5056
trial jury if the offender was tried by a jury, shall consider any	5057
report prepared pursuant to this division and furnished to it and	5058
any evidence raised at trial that is relevant to the aggravating	5059
circumstances the offender was found guilty of committing or to	5060
any factors in mitigation of the imposition of the sentence of	5061
death, shall hear testimony and other evidence that is relevant to	5062
the nature and circumstances of the aggravating circumstances the	5063
offender was found guilty of committing, the mitigating factors	5064
set forth in division (B) of section 2929.04 of the Revised Code,	5065
and any other factors in mitigation of the imposition of the	5066
sentence of death, and shall hear the statement, if any, of the	5067
offender, and the arguments, if any, of counsel for the defense	5068
and prosecution, that are relevant to the penalty that should be	5069
imposed on the offender. The defendant shall be given great	5070
latitude in the presentation of evidence of the mitigating factors	5071
set forth in division (B) of section 2929.04 of the Revised Code	5072
and of any other factors in mitigation of the imposition of the	5073
sentence of death. If the offender chooses to make a statement,	5074
the offender is subject to cross-examination only if the offender	5075
consents to make the statement under oath or affirmation.	5076

The defendant shall have the burden of going forward with the	5077
evidence of any factors in mitigation of the imposition of the	5078
sentence of death. The prosecution shall have the burden of	5079
proving, by proof beyond a reasonable doubt, that the aggravating	5080
circumstances the defendant was found guilty of committing are	5081
sufficient to outweigh the factors in mitigation of the imposition	5082
of the sentence of death.	5083

(2) Upon consideration of the relevant evidence raised at	5084
trial, the testimony, other evidence, statement of the offender,	5085
arguments of counsel, and, if applicable, the reports submitted	5086
pursuant to division (D)(1) of this section, the trial jury, if	5087
the offender was tried by a jury, shall determine whether the	5088
aggravating circumstances the offender was found guilty of	5089
committing are sufficient to outweigh the mitigating factors	5090
present in the case. If the trial jury unanimously finds, by proof	5091
beyond a reasonable doubt, that the aggravating circumstances the	5092
offender was found guilty of committing outweigh the mitigating	5093
factors, the trial jury shall recommend to the court that the	5094
sentence of death be imposed on the offender. Absent such a	5095
finding, the jury shall recommend that the offender be sentenced	5096
to one of the following:	5097

(a) Except as provided in division (D)(2)(b) or (c) of this	5098
section, to life imprisonment without parole, life imprisonment	5099
with parole eligibility after serving twenty-five full years of	5100
imprisonment, or life imprisonment with parole eligibility after	5101
serving thirty full years of imprisonment;	5102

(b) Except as provided in division (D)(2)(c) of this section,	5103
if the victim of the aggravated murder was less than thirteen	5104
years of age, the offender also is convicted of or pleads guilty	5105
to a sexual motivation specification that was included in the	5106
indictment, count in the indictment, or information charging the	5107
offense, and the jury does not recommend a sentence of life	5108
imprisonment without parole pursuant to division (D)(2)(a) of this	5109
section, to an indefinite term consisting of a minimum term of	5110
thirty years and a maximum term of life imprisonment to be imposed	5111
pursuant to division (B)(3) of section 2971.03 of the Revised Code	5112
and served pursuant to that section.	5113

(c) If the offender also is convicted of or pleads guilty to	5114
a sexual motivation specification and a sexually violent predator	5115
specification that are included in the indictment, count in the	5116
indictment, or information that charged the aggravated murder, to	5117
life imprisonment without parole.	5118

If the trial jury recommends that the offender be sentenced	5119
to life imprisonment without parole, life imprisonment with parole	5120
eligibility after serving twenty-five full years of imprisonment,	5121
or life imprisonment with parole eligibility after serving thirty	5122
full years of imprisonment, or an indefinite term consisting of a	5123
minimum term of thirty years and a maximum term of life	5124
imprisonment to be imposed pursuant to division (B)(3) of section	5125
2971.03 of the Revised Code, the court shall impose the sentence	5126
recommended by the jury upon the offender. If the sentence is an	5127
indefinite term consisting of a minimum term of thirty years and a	5128
maximum term of life imprisonment imposed as described in division	5129
(D)(2)(b) of this section or a sentence of life imprisonment	5130
without parole imposed under division (D)(2)(b)(c) of this	5131
section, the sentence shall be served pursuant to section 2971.03	5132
of the Revised Code. If the trial jury recommends that the	5133
sentence of death be imposed upon the offender, the court shall	5134
proceed to impose sentence pursuant to division (D)(3) of this	5135
section.	5136

(3) Upon consideration of the relevant evidence raised at	5137
trial, the testimony, other evidence, statement of the offender,	5138
arguments of counsel, and, if applicable, the reports submitted to	5139
the court pursuant to division (D)(1) of this section, if, after	5140
receiving pursuant to division (D)(2) of this section the trial	5141
jury's recommendation that the sentence of death be imposed, the	5142
court finds, by proof beyond a reasonable doubt, or if the panel	5143
of three judges unanimously finds, by proof beyond a reasonable	5144
doubt, that the aggravating circumstances the offender was found	5145
guilty of committing outweigh the mitigating factors, it shall	5146
impose sentence of death on the offender. Absent such a finding by	5147
the court or panel, the court or the panel shall impose one of the	5148
following sentences on the offender:	5149

(a) Except as provided in division (D)(3)(b) of this section,	5150
one of the following:	5151

(i) Life imprisonment without parole;

5152

(ii) LifeSubject to division (D)(3)(a)(iv) of this section,	5153
life imprisonment with parole eligibility after serving	5154
twenty-five full years of imprisonment;	5155

(iii) LifeSubject to division (D)(3)(a)(iv) of this section,	5156
life imprisonment with parole eligibility after serving thirty	5157
full years of imprisonment;	5158

(iv) If the victim of the aggravated murder was less than	5159
thirteen years of age, the offender also is convicted of or pleads	5160
guilty to a sexual motivation specification that was included in	5161
the indictment, count in the indictment, or information charging	5162
the offense, and the trial court does not impose a sentence of	5163
life imprisonment without parole on the offender pursuant to	5164
division (D)(3)(a)(i) of this section, the court or panel shall	5165
sentence the offender pursuant to division (B)(3) of section	5166
2971.03 of the Revised Code to an indefinite term consisting of a	5167
minimum term of thirty years and a maximum term of life	5168
imprisonment.	5169

(b) If the offender also is convicted of or pleads guilty to	5170
a sexual motivation specification and a sexually violent predator	5171
specification that are included in the indictment, count in the	5172
indictment, or information that charged the aggravated murder,	5173
life imprisonment without parole that shall be served pursuant to	5174
section 2971.03 of the Revised Code.	5175

(E) If the offender raised the matter of age at trial	5176
pursuant to section 2929.023 of the Revised Code, was convicted of	5177
aggravated murder and one or more specifications of an aggravating	5178
circumstance listed in division (A) of section 2929.04 of the	5179
Revised Code, and was not found at trial to have been eighteen	5180
years of age or older at the time of the commission of the	5181
offense, the court or the panel of three judges shall not impose a	5182
sentence of death on the offender. Instead, the court or panel	5183
shall impose one of the following sentences on the offender:	5184

(1) Except as provided in division (E)(2) of this section,	5185
one of the following:	5186

(a) Life imprisonment without parole;

5187

(b) LifeSubject to division (E)(2)(d) of this section, life	5188
imprisonment with parole eligibility after serving twenty-five	5189
full years of imprisonment;	5190

(c) LifeSubject to division (E)(2)(d) of this section, life	5191
imprisonment with parole eligibility after serving thirty full	5192
years of imprisonment;	5193

(d) If the victim of the aggravated murder was less than	5194
thirteen years of age, the offender also is convicted of or pleads	5195
guilty to a sexual motivation specification that was included in	5196
the indictment, count in the indictment, or information charging	5197
the offense, and the trial court does not impose a sentence of	5198
life imprisonment without parole on the offender pursuant to	5199
division (E)(2)(a) of this section, the court or panel shall	5200
sentence the offender pursuant to division (B)(3) of section	5201
2971.03 of the Revised Code to an indefinite term consisting of a	5202
minimum term of thirty years and a maximum term of life	5203
imprisonment.	5204

(2) If the offender also is convicted of or pleads guilty to	5205
a sexual motivation specification and a sexually violent predator	5206
specification that are included in the indictment, count in the	5207
indictment, or information that charged the aggravated murder,	5208
life imprisonment without parole that shall be served pursuant to	5209
section 2971.03 of the Revised Code.	5210

(F) The court or the panel of three judges, when it imposes	5211
sentence of death, shall state in a separate opinion its specific	5212
findings as to the existence of any of the mitigating factors set	5213
forth in division (B) of section 2929.04 of the Revised Code, the	5214
existence of any other mitigating factors, the aggravating	5215
circumstances the offender was found guilty of committing, and the	5216
reasons why the aggravating circumstances the offender was found	5217
guilty of committing were sufficient to outweigh the mitigating	5218
factors. The court or panel, when it imposes life imprisonment or	5219
an indefinite term consisting of a minimum term of thirty years	5220
and a maximum term of life imprisonment under division (D) of this	5221
section, shall state in a separate opinion its specific findings	5222
of which of the mitigating factors set forth in division (B) of	5223
section 2929.04 of the Revised Code it found to exist, what other	5224
mitigating factors it found to exist, what aggravating	5225
circumstances the offender was found guilty of committing, and why	5226
it could not find that these aggravating circumstances were	5227
sufficient to outweigh the mitigating factors. For cases in which	5228
a sentence of death is imposed for an offense committed before	5229
January 1, 1995, the court or panel shall file the opinion	5230
required to be prepared by this division with the clerk of the	5231
appropriate court of appeals and with the clerk of the supreme	5232
court within fifteen days after the court or panel imposes	5233
sentence. For cases in which a sentence of death is imposed for an	5234
offense committed on or after January 1, 1995, the court or panel	5235
shall file the opinion required to be prepared by this division	5236
with the clerk of the supreme court within fifteen days after the	5237
court or panel imposes sentence. The judgment in a case in which a	5238
sentencing hearing is held pursuant to this section is not final	5239
until the opinion is filed.	5240

(G)(1) Whenever the court or a panel of three judges imposes	5241
a sentence of death for an offense committed before January 1,	5242
1995, the clerk of the court in which the judgment is rendered	5243
shall deliver the entire record in the case to the appellate	5244
court.	5245

(2) Whenever the court or a panel of three judges imposes a	5246
sentence of death for an offense committed on or after January 1,	5247
1995, the clerk of the court in which the judgment is rendered	5248
shall deliver the entire record in the case to the supreme court.	5249

Sec. 2929.06.  (A) If a sentence of death imposed upon an	5250
offender is set aside, nullified, or vacated because the court of	5251
appeals, in a case in which a sentence of death was imposed for an	5252
offense committed before January 1, 1995, or the supreme court, in	5253
cases in which the supreme court reviews the sentence upon appeal,	5254
could not affirm the sentence of death under the standards imposed	5255
by section 2929.05 of the Revised Code, is set aside, nullified,	5256
or vacated for the sole reason that the statutory procedure for	5257
imposing the sentence of death that is set forth in sections	5258
2929.03 and 2929.04 of the Revised Code is unconstitutional, is	5259
set aside, nullified, or vacated pursuant to division (C) of	5260
section 2929.05 of the Revised Code, or is set aside, nullified,	5261
or vacated because a court has determined that the offender is	5262
mentally retarded under standards set forth in decisions of the	5263
supreme court of this state or the United States supreme court,	5264
the trial court that sentenced the offender shall conduct a	5265
hearing to resentence the offender. At the resentencing hearing,	5266
the court shall impose upon the offender a sentence of life	5267
imprisonment or an indefinite term consisting of a minimum term of	5268
thirty years and a maximum term of life imprisonment that is	5269
determined as specified in this division. TheIf division (D) of	5270
section 2929.03 of the Revised Code, at the time the offender	5271
committed the aggravated murder for which the sentence of death	5272
was imposed, required the imposition when a sentence of death was	5273
not imposed of a sentence of life imprisonment without parole or a	5274
sentence of an indefinite term consisting of a minimum term of	5275
thirty years and a maximum term of life imprisonment to be imposed	5276
pursuant to division (A) or (B)(3) of section 2971.03 of the	5277
Revised Code and served pursuant to that section, the court shall	5278
impose the sentence so required. In all other cases, the sentences	5279
of life imprisonment that are available at the hearing, and from	5280
which the court shall impose sentence, shall be the same sentences	5281
of life imprisonment that were available under division (D) of	5282
section 2929.03 or under section 2909.24 of the Revised Code at	5283
the time the offender committed the offense for which the sentence	5284
of death was imposed. Nothing in this division regarding the	5285
resentencing of an offender shall affect the operation of section	5286
2971.03 of the Revised Code.	5287

(B) Whenever any court of this state or any federal court	5288
sets aside, nullifies, or vacates a sentence of death imposed upon	5289
an offender because of error that occurred in the sentencing phase	5290
of the trial and if division (A) of this section does not apply,	5291
the trial court that sentenced the offender shall conduct a new	5292
hearing to resentence the offender. If the offender was tried by a	5293
jury, the trial court shall impanel a new jury for the hearing. If	5294
the offender was tried by a panel of three judges, that panel or,	5295
if necessary, a new panel of three judges shall conduct the	5296
hearing. At the hearing, the court or panel shall follow the	5297
procedure set forth in division (D) of section 2929.03 of the	5298
Revised Code in determining whether to impose upon the offender a	5299
sentence of death or, a sentence of life imprisonment, or an	5300
indefinite term consisting of a minimum term of thirty years and a	5301
maximum term of life imprisonment. If, pursuant to that procedure,	5302
the court or panel determines that it will impose a sentence of	5303
life imprisonmentother than a sentence of death, the court or	5304
panel shall impose upon the offender one of the sentences of life	5305
imprisonment that could have been imposed at the time the offender	5306
committed the offense for which the sentence of death was imposed,	5307
determined as specified in this division, or an indefinite term	5308
consisting of a minimum term of thirty years and a maximum term of	5309
life imprisonment that is determined as specified in this	5310
division. If division (D) of section 2929.03 of the Revised Code,	5311
at the time the offender committed the aggravated murder for which	5312
the sentence of death was imposed, required the imposition when a	5313
sentence of death was not imposed of a sentence of life	5314
imprisonment without parole or a sentence of an indefinite term	5315
consisting of a minimum term of thirty years and a maximum term of	5316
life imprisonment to be imposed pursuant to division (A) or (B)(3)	5317
of section 2971.03 of the Revised Code and served pursuant to that	5318
section, the court or panel shall impose the sentence so required.	5319
In all other cases, the sentences of life imprisonment that are	5320
available at the hearing, and from which the court or panel shall	5321
impose sentence, shall be the same sentences of life imprisonment	5322
that were available under division (D) of section 2929.03 or under	5323
section 2909.24 of the Revised Code at the time the offender	5324
committed the offense for which the sentence of death was imposed.	5325

(C) If a sentence of life imprisonment without parole imposed	5326
upon an offender pursuant to section 2929.021 or 2929.03 of the	5327
Revised Code is set aside, nullified, or vacated for the sole	5328
reason that the statutory procedure for imposing the sentence of	5329
life imprisonment without parole that is set forth in sections	5330
2929.03 and 2929.04 of the Revised Code is unconstitutional, the	5331
trial court that sentenced the offender shall conduct a hearing to	5332
resentence the offender to life imprisonment with parole	5333
eligibility after serving twenty-five full years of imprisonment	5334
or to life imprisonment with parole eligibility after serving	5335
thirty full years of imprisonment.	5336

(D) Nothing in this section limits or restricts the rights of	5337
the state to appeal any order setting aside, nullifying, or	5338
vacating a conviction or sentence of death, when an appeal of that	5339
nature otherwise would be available.	5340

(E) This section, as amended by H.B. 184 of the 125th General	5341
Assemblygeneral assembly, shall apply to all offenders who have	5342
been sentenced to death for an aggravated murder that was	5343
committed on or after October 19, 1981, or for terrorism that was	5344
committed on or after May 15, 2002. This section, as amended by	5345
H.B. 184 of the 125th general assembly, shall apply equally to all	5346
such offenders sentenced to death prior to, on, or after the	5347
effective date of that actMarch 23, 2005, including offenders	5348
who, on the effective date of that actMarch 23, 2005, are	5349
challenging their sentence of death and offenders whose sentence	5350
of death has been set aside, nullified, or vacated by any court of	5351
this state or any federal court but who, as of the effective date	5352
of that actMarch 23, 2005, have not yet been resentenced.	5353

Sec. 2929.13.  (A) Except as provided in division (E), (F),	5354
or (G) of this section and unless a specific sanction is required	5355
to be imposed or is precluded from being imposed pursuant to law,	5356
a court that imposes a sentence upon an offender for a felony may	5357
impose any sanction or combination of sanctions on the offender	5358
that are provided in sections 2929.14 to 2929.18 of the Revised	5359
Code. The sentence shall not impose an unnecessary burden on state	5360
or local government resources.	5361

If the offender is eligible to be sentenced to community	5362
control sanctions, the court shall consider the appropriateness of	5363
imposing a financial sanction pursuant to section 2929.18 of the	5364
Revised Code or a sanction of community service pursuant to	5365
section 2929.17 of the Revised Code as the sole sanction for the	5366
offense. Except as otherwise provided in this division, if the	5367
court is required to impose a mandatory prison term for the	5368
offense for which sentence is being imposed, the court also may	5369
impose a financial sanction pursuant to section 2929.18 of the	5370
Revised Code but may not impose any additional sanction or	5371
combination of sanctions under section 2929.16 or 2929.17 of the	5372
Revised Code.	5373

If the offender is being sentenced for a fourth degree felony	5374
OVI offense or for a third degree felony OVI offense, in addition	5375
to the mandatory term of local incarceration or the mandatory	5376
prison term required for the offense by division (G)(1) or (2) of	5377
this section, the court shall impose upon the offender a mandatory	5378
fine in accordance with division (B)(3) of section 2929.18 of the	5379
Revised Code and may impose whichever of the following is	5380
applicable:	5381

(1) For a fourth degree felony OVI offense for which sentence	5382
is imposed under division (G)(1) of this section, an additional	5383
community control sanction or combination of community control	5384
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	5385
the court imposes upon the offender a community control sanction	5386
and the offender violates any condition of the community control	5387
sanction, the court may take any action prescribed in division (B)	5388
of section 2929.15 of the Revised Code relative to the offender,	5389
including imposing a prison term on the offender pursuant to that	5390
division.	5391

(2) For a third or fourth degree felony OVI offense for which	5392
sentence is imposed under division (G)(2) of this section, an	5393
additional prison term as described in division (D)(4) of section	5394
2929.14 of the Revised Code or a community control sanction as	5395
described in division (G)(2) of this section.	5396

(B)(1) Except as provided in division (B)(2), (E), (F), or	5397
(G) of this section, in sentencing an offender for a felony of the	5398
fourth or fifth degree, the sentencing court shall determine	5399
whether any of the following apply:	5400

(a) In committing the offense, the offender caused physical	5401
harm to a person.	5402

(b) In committing the offense, the offender attempted to	5403
cause or made an actual threat of physical harm to a person with a	5404
deadly weapon.	5405

(c) In committing the offense, the offender attempted to	5406
cause or made an actual threat of physical harm to a person, and	5407
the offender previously was convicted of an offense that caused	5408
physical harm to a person.	5409

(d) The offender held a public office or position of trust	5410
and the offense related to that office or position; the offender's	5411
position obliged the offender to prevent the offense or to bring	5412
those committing it to justice; or the offender's professional	5413
reputation or position facilitated the offense or was likely to	5414
influence the future conduct of others.	5415

(e) The offender committed the offense for hire or as part of	5416
an organized criminal activity.	5417

(f) The offense is a sex offense that is a fourth or fifth	5418
degree felony violation of section 2907.03, 2907.04, 2907.05,	5419
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	5420
Revised Code.	5421

(g) The offender at the time of the offense was serving, or	5422
the offender previously had served, a prison term.	5423

(h) The offender committed the offense while under a	5424
community control sanction, while on probation, or while released	5425
from custody on a bond or personal recognizance.	5426

(i) The offender committed the offense while in possession of	5427
a firearm.	5428

(2)(a) If the court makes a finding described in division	5429
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	5430
section and if the court, after considering the factors set forth	5431
in section 2929.12 of the Revised Code, finds that a prison term	5432
is consistent with the purposes and principles of sentencing set	5433
forth in section 2929.11 of the Revised Code and finds that the	5434
offender is not amenable to an available community control	5435
sanction, the court shall impose a prison term upon the offender.	5436

(b) Except as provided in division (E), (F), or (G) of this	5437
section, if the court does not make a finding described in	5438
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	5439
this section and if the court, after considering the factors set	5440
forth in section 2929.12 of the Revised Code, finds that a	5441
community control sanction or combination of community control	5442
sanctions is consistent with the purposes and principles of	5443
sentencing set forth in section 2929.11 of the Revised Code, the	5444
court shall impose a community control sanction or combination of	5445
community control sanctions upon the offender.	5446

(C) Except as provided in division (D), (E), (F), or (G) of	5447
this section, in determining whether to impose a prison term as a	5448
sanction for a felony of the third degree or a felony drug offense	5449
that is a violation of a provision of Chapter 2925. of the Revised	5450
Code and that is specified as being subject to this division for	5451
purposes of sentencing, the sentencing court shall comply with the	5452
purposes and principles of sentencing under section 2929.11 of the	5453
Revised Code and with section 2929.12 of the Revised Code.	5454

(D)(1) Except as provided in division (E) or (F) of this	5455
section, for a felony of the first or second degree, for a felony	5456
drug offense that is a violation of any provision of Chapter	5457
2925., 3719., or 4729. of the Revised Code for which a presumption	5458
in favor of a prison term is specified as being applicable, and	5459
for a violation of division (A)(4) or (B) of section 2907.05 of	5460
the Revised Code for which a presumption in favor of a prison term	5461
is specified as being applicable, it is presumed that a prison	5462
term is necessary in order to comply with the purposes and	5463
principles of sentencing under section 2929.11 of the Revised	5464
Code. Division (D)(2) of this section does not apply to a	5465
presumption established under this division for a violation of	5466
division (A)(4) of section 2907.05 of the Revised Code.	5467

(2) Notwithstanding the presumption established under	5468
division (D)(1) of this section for the offenses listed in that	5469
division other than a violation of division (A)(4) or (B) of	5470
section 2907.05 of the Revised Code, the sentencing court may	5471
impose a community control sanction or a combination of community	5472
control sanctions instead of a prison term on an offender for a	5473
felony of the first or second degree or for a felony drug offense	5474
that is a violation of any provision of Chapter 2925., 3719., or	5475
4729. of the Revised Code for which a presumption in favor of a	5476
prison term is specified as being applicable if it makes both of	5477
the following findings:	5478

(a) A community control sanction or a combination of	5479
community control sanctions would adequately punish the offender	5480
and protect the public from future crime, because the applicable	5481
factors under section 2929.12 of the Revised Code indicating a	5482
lesser likelihood of recidivism outweigh the applicable factors	5483
under that section indicating a greater likelihood of recidivism.	5484

(b) A community control sanction or a combination of	5485
community control sanctions would not demean the seriousness of	5486
the offense, because one or more factors under section 2929.12 of	5487
the Revised Code that indicate that the offender's conduct was	5488
less serious than conduct normally constituting the offense are	5489
applicable, and they outweigh the applicable factors under that	5490
section that indicate that the offender's conduct was more serious	5491
than conduct normally constituting the offense.	5492

(E)(1) Except as provided in division (F) of this section,	5493
for any drug offense that is a violation of any provision of	5494
Chapter 2925. of the Revised Code and that is a felony of the	5495
third, fourth, or fifth degree, the applicability of a presumption	5496
under division (D) of this section in favor of a prison term or of	5497
division (B) or (C) of this section in determining whether to	5498
impose a prison term for the offense shall be determined as	5499
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	5500
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	5501
Revised Code, whichever is applicable regarding the violation.	5502

(2) If an offender who was convicted of or pleaded guilty to	5503
a felony violates the conditions of a community control sanction	5504
imposed for the offense solely by reason of producing positive	5505
results on a drug test, the court, as punishment for the violation	5506
of the sanction, shall not order that the offender be imprisoned	5507
unless the court determines on the record either of the following:	5508

(a) The offender had been ordered as a sanction for the	5509
felony to participate in a drug treatment program, in a drug	5510
education program, or in narcotics anonymous or a similar program,	5511
and the offender continued to use illegal drugs after a reasonable	5512
period of participation in the program.	5513

(b) The imprisonment of the offender for the violation is	5514
consistent with the purposes and principles of sentencing set	5515
forth in section 2929.11 of the Revised Code.	5516

(F) Notwithstanding divisions (A) to (E) of this section, the	5517
court shall impose a prison term or terms under sections 2929.02	5518
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	5519
of the Revised Code and except as specifically provided in section	5520
2929.20 or 2967.191 of the Revised Code or when parole is	5521
authorized for the offense under section 2967.13 of the Revised	5522
Code shall not reduce the term or terms pursuant to section	5523
2929.20, section 2967.193, or any other provision of Chapter 2967.	5524
or Chapter 5120. of the Revised Code for any of the following	5525
offenses:	5526

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

5527

(2) Any rape, regardless of whether force was involved and	5528
regardless of the age of the victim, or an attempt to commit rape	5529
if, had the offender completed the rape that was attempted, the	5530
offender would have been guilty of a violation of division	5531
(A)(1)(b) of section 2907.02 of the Revised Code and would be	5532
sentenced under section 2971.03 of the Revised Code;	5533

(3) Gross sexual imposition or sexual battery, if the victim	5534
is underless than thirteen years of age and if any of the	5535
following applies:	5536

(a) Regarding gross sexual imposition, the offender	5537
previously was convicted of or pleaded guilty to rape, the former	5538
offense of felonious sexual penetration, gross sexual imposition,	5539
or sexual battery, and the victim of the previous offense was	5540
underless than thirteen years of age;	5541

(b) Regarding gross sexual imposition, the offense was	5542
committed on or after August 3, 2006, and evidence other than the	5543
testimony of the victim was admitted in the case corroborating the	5544
violation.	5545

(c) Regarding sexual battery, either of the following	5546
applies:	5547

(i) The offense was committed prior to August 3, 2006, the	5548
offender previously was convicted of or pleaded guilty to rape,	5549
the former offense of felonious sexual penetration, or sexual	5550
battery, and the victim of the previous offense was underless	5551
than thirteen years of age.	5552

(ii) The offense was committed on or after August 3, 2006.

5553

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	5554
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	5555
requires the imposition of a prison term;	5556

(5) A first, second, or third degree felony drug offense for	5557
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	5558
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	5559
4729.99 of the Revised Code, whichever is applicable regarding the	5560
violation, requires the imposition of a mandatory prison term;	5561

(6) Any offense that is a first or second degree felony and	5562
that is not set forth in division (F)(1), (2), (3), or (4) of this	5563
section, if the offender previously was convicted of or pleaded	5564
guilty to aggravated murder, murder, any first or second degree	5565
felony, or an offense under an existing or former law of this	5566
state, another state, or the United States that is or was	5567
substantially equivalent to one of those offenses;	5568

(7) Any offense that is a third degree felony and either is	5569
a violation of section 2903.04 of the Revised Code or an attempt	5570
to commit a felony of the second degree that is an offense of	5571
violence and involved an attempt to cause serious physical harm to	5572
a person or that resulted in serious physical harm to a person if	5573
the offender previously was convicted of or pleaded guilty to any	5574
of the following offenses:	5575

(a) Aggravated murder, murder, involuntary manslaughter,	5576
rape, felonious sexual penetration as it existed under section	5577
2907.12 of the Revised Code prior to September 3, 1996, a felony	5578
of the first or second degree that resulted in the death of a	5579
person or in physical harm to a person, or complicity in or an	5580
attempt to commit any of those offenses;	5581

(b) An offense under an existing or former law of this state,	5582
another state, or the United States that is or was substantially	5583
equivalent to an offense listed in division (F)(7)(a) of this	5584
section that resulted in the death of a person or in physical harm	5585
to a person.	5586

(8) Any offense, other than a violation of section 2923.12 of	5587
the Revised Code, that is a felony, if the offender had a firearm	5588
on or about the offender's person or under the offender's control	5589
while committing the felony, with respect to a portion of the	5590
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	5591
of the Revised Code for having the firearm;	5592

(9) Any offense of violence that is a felony, if the offender	5593
wore or carried body armor while committing the felony offense of	5594
violence, with respect to the portion of the sentence imposed	5595
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	5596
Code for wearing or carrying the body armor;	5597

(10) Corrupt activity in violation of section 2923.32 of the	5598
Revised Code when the most serious offense in the pattern of	5599
corrupt activity that is the basis of the offense is a felony of	5600
the first degree;	5601

(11) Any violent sex offense or designated homicide, assault,	5602
or kidnapping offense if, in relation to that offense, the	5603
offender is adjudicated a sexually violent predator;	5604

(12) A violation of division (A)(1) or (2) of section 2921.36	5605
of the Revised Code, or a violation of division (C) of that	5606
section involving an item listed in division (A)(1) or (2) of that	5607
section, if the offender is an officer or employee of the	5608
department of rehabilitation and correction;	5609

(13) A violation of division (A)(1) or (2) of section 2903.06	5610
of the Revised Code if the victim of the offense is a peace	5611
officer, as defined in section 2935.01 of the Revised Code, or an	5612
investigator of the bureau of criminal identification and	5613
investigation, as defined in section 2903.11 of the Revised Code,	5614
with respect to the portion of the sentence imposed pursuant to	5615
division (D)(5) of section 2929.14 of the Revised Code;	5616

(14) A violation of division (A)(1) or (2) of section 2903.06	5617
of the Revised Code if the offender has been convicted of or	5618
pleaded guilty to three or more violations of division (A) or (B)	5619
of section 4511.19 of the Revised Code or an equivalent offense,	5620
as defined in section 2941.1415 of the Revised Code, or three or	5621
more violations of any combination of those divisions and	5622
offenses, with respect to the portion of the sentence imposed	5623
pursuant to division (D)(6) of section 2929.14 of the Revised	5624
Code;	5625

(15) Kidnapping, in the circumstances specified in section	5626
2971.03 of the Revised Code and when no other provision of	5627
division (F) of this section applies.	5628

(G) Notwithstanding divisions (A) to (E) of this section, if	5629
an offender is being sentenced for a fourth degree felony OVI	5630
offense or for a third degree felony OVI offense, the court shall	5631
impose upon the offender a mandatory term of local incarceration	5632
or a mandatory prison term in accordance with the following:	5633

(1) If the offender is being sentenced for a fourth degree	5634
felony OVI offense and if the offender has not been convicted of	5635
and has not pleaded guilty to a specification of the type	5636
described in section 2941.1413 of the Revised Code, the court may	5637
impose upon the offender a mandatory term of local incarceration	5638
of sixty days or one hundred twenty days as specified in division	5639
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	5640
not reduce the term pursuant to section 2929.20, 2967.193, or any	5641
other provision of the Revised Code. The court that imposes a	5642
mandatory term of local incarceration under this division shall	5643
specify whether the term is to be served in a jail, a	5644
community-based correctional facility, a halfway house, or an	5645
alternative residential facility, and the offender shall serve the	5646
term in the type of facility specified by the court. A mandatory	5647
term of local incarceration imposed under division (G)(1) of this	5648
section is not subject to extension under section 2967.11 of the	5649
Revised Code, to a period of post-release control under section	5650
2967.28 of the Revised Code, or to any other Revised Code	5651
provision that pertains to a prison term except as provided in	5652
division (A)(1) of this section.	5653

(2) If the offender is being sentenced for a third degree	5654
felony OVI offense, or if the offender is being sentenced for a	5655
fourth degree felony OVI offense and the court does not impose a	5656
mandatory term of local incarceration under division (G)(1) of	5657
this section, the court shall impose upon the offender a mandatory	5658
prison term of one, two, three, four, or five years if the	5659
offender also is convicted of or also pleads guilty to a	5660
specification of the type described in section 2941.1413 of the	5661
Revised Code or shall impose upon the offender a mandatory prison	5662
term of sixty days or one hundred twenty days as specified in	5663
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	5664
if the offender has not been convicted of and has not pleaded	5665
guilty to a specification of that type. The court shall not reduce	5666
the term pursuant to section 2929.20, 2967.193, or any other	5667
provision of the Revised Code. The offender shall serve the one-,	5668
two-, three-, four-, or five-year mandatory prison term	5669
consecutively to and prior to the prison term imposed for the	5670
underlying offense and consecutively to any other mandatory prison	5671
term imposed in relation to the offense. In no case shall an	5672
offender who once has been sentenced to a mandatory term of local	5673
incarceration pursuant to division (G)(1) of this section for a	5674
fourth degree felony OVI offense be sentenced to another mandatory	5675
term of local incarceration under that division for any violation	5676
of division (A) of section 4511.19 of the Revised Code. In	5677
addition to the mandatory prison term described in division (G)(2)	5678
of this section, the court may sentence the offender to a	5679
community control sanction under section 2929.16 or 2929.17 of the	5680
Revised Code, but the offender shall serve the prison term prior	5681
to serving the community control sanction. The department of	5682
rehabilitation and correction may place an offender sentenced to a	5683
mandatory prison term under this division in an intensive program	5684
prison established pursuant to section 5120.033 of the Revised	5685
Code if the department gave the sentencing judge prior notice of	5686
its intent to place the offender in an intensive program prison	5687
established under that section and if the judge did not notify the	5688
department that the judge disapproved the placement. Upon the	5689
establishment of the initial intensive program prison pursuant to	5690
section 5120.033 of the Revised Code that is privately operated	5691
and managed by a contractor pursuant to a contract entered into	5692
under section 9.06 of the Revised Code, both of the following	5693
apply:	5694

(a) The department of rehabilitation and correction shall	5695
make a reasonable effort to ensure that a sufficient number of	5696
offenders sentenced to a mandatory prison term under this division	5697
are placed in the privately operated and managed prison so that	5698
the privately operated and managed prison has full occupancy.	5699

(b) Unless the privately operated and managed prison has full	5700
occupancy, the department of rehabilitation and correction shall	5701
not place any offender sentenced to a mandatory prison term under	5702
this division in any intensive program prison established pursuant	5703
to section 5120.033 of the Revised Code other than the privately	5704
operated and managed prison.	5705

(H) If an offender is being sentenced for a sexually oriented	5706
offense or child-victim oriented offense that is a felony	5707
committed on or after January 1, 1997, the judge shall require the	5708
offender to submit to a DNA specimen collection procedure pursuant	5709
to section 2901.07 of the Revised Code if either of the following	5710
applies:	5711

(1) The offense was a violent sex offense or a designated	5712
homicide, assault, or kidnapping offense and, in relation to that	5713
offense, the offender was adjudicated a sexually violent predator.	5714

(2) The offense was a violation of division (A)(1)(b) of	5715
section 2907.02 of the Revised Code committed on or after the	5716
effective date of this amendment.	5717

(3) The offense was attempted rape committed on or after the	5718
effective date of this amendment, and the offender also was	5719
convicted of or pleaded guilty to a specification of the type	5720
described in section 2941.1418, 2941.1419, or 2941.1420 of the	5721
Revised Code.	5722

(4) The judge imposing sentence for the sexually oriented	5723
offense determines pursuant to division (B) of section 2950.09 of	5724
the Revised Code that the offender is a sexual predator.	5725

(I) If an offender is being sentenced for a sexually oriented	5726
offense that is not a registration-exempt sexually oriented	5727
offense or for a child-victim oriented offense committed on or	5728
after January 1, 1997, the judge shall include in the sentence a	5729
summary of the offender's duties imposed under sections 2950.04,	5730
2950.041, 2950.05, and 2950.06 of the Revised Code and the	5731
duration of the duties. The judge shall inform the offender, at	5732
the time of sentencing, of those duties and of their duration and,	5733
if. If required under division (A)(2) of section 2950.03 of the	5734
Revised Code, the judge shall perform the duties specified in that	5735
section, or, if required under division (A)(6) of section 2950.03	5736
of the Revised Code, the judge shall perform the duties specified	5737
in that division.	5738

(J)(1) Except as provided in division (J)(2) of this section,	5739
when considering sentencing factors under this section in relation	5740
to an offender who is convicted of or pleads guilty to an attempt	5741
to commit an offense in violation of section 2923.02 of the	5742
Revised Code, the sentencing court shall consider the factors	5743
applicable to the felony category of the violation of section	5744
2923.02 of the Revised Code instead of the factors applicable to	5745
the felony category of the offense attempted.	5746

(2) When considering sentencing factors under this section in	5747
relation to an offender who is convicted of or pleads guilty to an	5748
attempt to commit a drug abuse offense for which the penalty is	5749
determined by the amount or number of unit doses of the controlled	5750
substance involved in the drug abuse offense, the sentencing court	5751
shall consider the factors applicable to the felony category that	5752
the drug abuse offense attempted would be if that drug abuse	5753
offense had been committed and had involved an amount or number of	5754
unit doses of the controlled substance that is within the next	5755
lower range of controlled substance amounts than was involved in	5756
the attempt.	5757

(K) As used in this section, "drug abuse offense" has the	5758
same meaning as in section 2925.01 of the Revised Code.	5759

(L) At the time of sentencing an offender who is a sexual	5760
predator for any sexually oriented offense, if the offender is a	5761
tier III sex offender/child-victim offender relative to that	5762
offense and the offender does not serve a prison term or jail	5763
term, the court may require that the offender be monitored by	5764
means of a global positioning device. If the court requires such	5765
monitoring, the cost of monitoring shall be borne by the offender.	5766
If the offender is indigent, the cost of compliance shall be paid	5767
by the crime victims reparations fund.	5768

Sec. 2929.14.  (A) Except as provided in division (C),	5769
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of	5770
this section and except in relation to an offense for which a	5771
sentence of death or life imprisonment is to be imposed, if the	5772
court imposing a sentence upon an offender for a felony elects or	5773
is required to impose a prison term on the offender pursuant to	5774
this chapter, the court shall impose a definite prison term that	5775
shall be one of the following:	5776

(1) For a felony of the first degree, the prison term shall	5777
be three, four, five, six, seven, eight, nine, or ten years.	5778

(2) For a felony of the second degree, the prison term shall	5779
be two, three, four, five, six, seven, or eight years.	5780

(3) For a felony of the third degree, the prison term shall	5781
be one, two, three, four, or five years.	5782

(4) For a felony of the fourth degree, the prison term shall	5783
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	5784
fourteen, fifteen, sixteen, seventeen, or eighteen months.	5785

(5) For a felony of the fifth degree, the prison term shall	5786
be six, seven, eight, nine, ten, eleven, or twelve months.	5787

(B) Except as provided in division (C), (D)(1), (D)(2),	5788
(D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section	5789
2907.02 or 2907.05 of the Revised Code, or in Chapter 2925. of the	5790
Revised Code, if the court imposing a sentence upon an offender	5791
for a felony elects or is required to impose a prison term on the	5792
offender, the court shall impose the shortest prison term	5793
authorized for the offense pursuant to division (A) of this	5794
section, unless one or more of the following applies:	5795

(1) The offender was serving a prison term at the time of the	5796
offense, or the offender previously had served a prison term.	5797

(2) The court finds on the record that the shortest prison	5798
term will demean the seriousness of the offender's conduct or will	5799
not adequately protect the public from future crime by the	5800
offender or others.	5801

(C) Except as provided in division (G) or (L) of this section	5802
or in Chapter 2925. of the Revised Code, the court imposing a	5803
sentence upon an offender for a felony may impose the longest	5804
prison term authorized for the offense pursuant to division (A) of	5805
this section only upon offenders who committed the worst forms of	5806
the offense, upon offenders who pose the greatest likelihood of	5807
committing future crimes, upon certain major drug offenders under	5808
division (D)(3) of this section, and upon certain repeat violent	5809
offenders in accordance with division (D)(2) of this section.	5810

(D)(1)(a) Except as provided in division (D)(1)(e) of this	5811
section, if an offender who is convicted of or pleads guilty to a	5812
felony also is convicted of or pleads guilty to a specification of	5813
the type described in section 2941.141, 2941.144, or 2941.145 of	5814
the Revised Code, the court shall impose on the offender one of	5815
the following prison terms:	5816

(i) A prison term of six years if the specification is of the	5817
type described in section 2941.144 of the Revised Code that	5818
charges the offender with having a firearm that is an automatic	5819
firearm or that was equipped with a firearm muffler or silencer on	5820
or about the offender's person or under the offender's control	5821
while committing the felony;	5822

(ii) A prison term of three years if the specification is of	5823
the type described in section 2941.145 of the Revised Code that	5824
charges the offender with having a firearm on or about the	5825
offender's person or under the offender's control while committing	5826
the offense and displaying the firearm, brandishing the firearm,	5827
indicating that the offender possessed the firearm, or using it to	5828
facilitate the offense;	5829

(iii) A prison term of one year if the specification is of	5830
the type described in section 2941.141 of the Revised Code that	5831
charges the offender with having a firearm on or about the	5832
offender's person or under the offender's control while committing	5833
the felony.	5834

(b) If a court imposes a prison term on an offender under	5835
division (D)(1)(a) of this section, the prison term shall not be	5836
reduced pursuant to section 2929.20, section 2967.193, or any	5837
other provision of Chapter 2967. or Chapter 5120. of the Revised	5838
Code. A court shall not impose more than one prison term on an	5839
offender under division (D)(1)(a) of this section for felonies	5840
committed as part of the same act or transaction.	5841

(c) Except as provided in division (D)(1)(e) of this section,	5842
if an offender who is convicted of or pleads guilty to a violation	5843
of section 2923.161 of the Revised Code or to a felony that	5844
includes, as an essential element, purposely or knowingly causing	5845
or attempting to cause the death of or physical harm to another,	5846
also is convicted of or pleads guilty to a specification of the	5847
type described in section 2941.146 of the Revised Code that	5848
charges the offender with committing the offense by discharging a	5849
firearm from a motor vehicle other than a manufactured home, the	5850
court, after imposing a prison term on the offender for the	5851
violation of section 2923.161 of the Revised Code or for the other	5852
felony offense under division (A), (D)(2), or (D)(3) of this	5853
section, shall impose an additional prison term of five years upon	5854
the offender that shall not be reduced pursuant to section	5855
2929.20, section 2967.193, or any other provision of Chapter 2967.	5856
or Chapter 5120. of the Revised Code. A court shall not impose	5857
more than one additional prison term on an offender under division	5858
(D)(1)(c) of this section for felonies committed as part of the	5859
same act or transaction. If a court imposes an additional prison	5860
term on an offender under division (D)(1)(c) of this section	5861
relative to an offense, the court also shall impose a prison term	5862
under division (D)(1)(a) of this section relative to the same	5863
offense, provided the criteria specified in that division for	5864
imposing an additional prison term are satisfied relative to the	5865
offender and the offense.	5866

(d) If an offender who is convicted of or pleads guilty to	5867
an offense of violence that is a felony also is convicted of or	5868
pleads guilty to a specification of the type described in section	5869
2941.1411 of the Revised Code that charges the offender with	5870
wearing or carrying body armor while committing the felony offense	5871
of violence, the court shall impose on the offender a prison term	5872
of two years. The prison term so imposed shall not be reduced	5873
pursuant to section 2929.20, section 2967.193, or any other	5874
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	5875
court shall not impose more than one prison term on an offender	5876
under division (D)(1)(d) of this section for felonies committed as	5877
part of the same act or transaction. If a court imposes an	5878
additional prison term under division (D)(1)(a) or (c) of this	5879
section, the court is not precluded from imposing an additional	5880
prison term under division (D)(1)(d) of this section.	5881

(e) The court shall not impose any of the prison terms	5882
described in division (D)(1)(a) of this section or any of the	5883
additional prison terms described in division (D)(1)(c) of this	5884
section upon an offender for a violation of section 2923.12 or	5885
2923.123 of the Revised Code. The court shall not impose any of	5886
the prison terms described in division (D)(1)(a) of this section	5887
or any of the additional prison terms described in division	5888
(D)(1)(c) of this section upon an offender for a violation of	5889
section 2923.13 of the Revised Code unless all of the following	5890
apply:	5891

(i) The offender previously has been convicted of aggravated	5892
murder, murder, or any felony of the first or second degree.	5893

(ii) Less than five years have passed since the offender was	5894
released from prison or post-release control, whichever is later,	5895
for the prior offense.	5896

(f) If an offender is convicted of or pleads guilty to a	5897
felony that includes, as an essential element, causing or	5898
attempting to cause the death of or physical harm to another and	5899
also is convicted of or pleads guilty to a specification of the	5900
type described in section 2941.1412 of the Revised Code that	5901
charges the offender with committing the offense by discharging a	5902
firearm at a peace officer as defined in section 2935.01 of the	5903
Revised Code or a corrections officer, as defined in section	5904
2941.1412 of the Revised Code, the court, after imposing a prison	5905
term on the offender for the felony offense under division (A),	5906
(D)(2), or (D)(3) of this section, shall impose an additional	5907
prison term of seven years upon the offender that shall not be	5908
reduced pursuant to section 2929.20, section 2967.193, or any	5909
other provision of Chapter 2967. or Chapter 5120. of the Revised	5910
Code. A court shall not impose more than one additional prison	5911
term on an offender under division (D)(1)(f) of this section for	5912
felonies committed as part of the same act or transaction. If a	5913
court imposes an additional prison term on an offender under	5914
division (D)(1)(f) of this section relative to an offense, the	5915
court shall not impose a prison term under division (D)(1)(a) or	5916
(c) of this section relative to the same offense.	5917

(2)(a) If division (D)(2)(b) of this section does not apply,	5918
the court may impose on an offender, in addition to the longest	5919
prison term authorized or required for the offense, an additional	5920
definite prison term of one, two, three, four, five, six, seven,	5921
eight, nine, or ten years if all of the following criteria are	5922
met:	5923

(i) The offender is convicted of or pleads guilty to a	5924
specification of the type described in section 2941.149 of the	5925
Revised Code that the offender is a repeat violent offender.	5926

(ii) The offense of which the offender currently is convicted	5927
or to which the offender currently pleads guilty is aggravated	5928
murder and the court does not impose a sentence of death or life	5929
imprisonment without parole, murder, terrorism and the court does	5930
not impose a sentence of life imprisonment without parole, any	5931
felony of the first degree that is an offense of violence and the	5932
court does not impose a sentence of life imprisonment without	5933
parole, or any felony of the second degree that is an offense of	5934
violence and the trier of fact finds that the offense involved an	5935
attempt to cause or a threat to cause serious physical harm to a	5936
person or resulted in serious physical harm to a person.	5937

(iii) The court imposes the longest prison term for the	5938
offense that is not life imprisonment without parole.	5939

(iv) The court finds that the prison terms imposed pursuant	5940
to division (D)(2)(a)(iii) of this section and, if applicable,	5941
division (D)(1) or (3) of this section are inadequate to punish	5942
the offender and protect the public from future crime, because the	5943
applicable factors under section 2929.12 of the Revised Code	5944
indicating a greater likelihood of recidivism outweigh the	5945
applicable factors under that section indicating a lesser	5946
likelihood of recidivism.	5947

(v) The court finds that the prison terms imposed pursuant to	5948
division (D)(2)(a)(iii) of this section and, if applicable,	5949
division (D)(1) or (3) of this section are demeaning to the	5950
seriousness of the offense, because one or more of the factors	5951
under section 2929.12 of the Revised Code indicating that the	5952
offender's conduct is more serious than conduct normally	5953
constituting the offense are present, and they outweigh the	5954
applicable factors under that section indicating that the	5955
offender's conduct is less serious than conduct normally	5956
constituting the offense.	5957

(b) The court shall impose on an offender the longest prison	5958
term authorized or required for the offense and shall impose on	5959
the offender an additional definite prison term of one, two,	5960
three, four, five, six, seven, eight, nine, or ten years if all of	5961
the following criteria are met:	5962

(i) The offender is convicted of or pleads guilty to a	5963
specification of the type described in section 2941.149 of the	5964
Revised Code that the offender is a repeat violent offender.	5965

(ii) The offender within the preceding twenty years has been	5966
convicted of or pleaded guilty to three or more offenses described	5967
in division (DD)(1) of section 2929.01 of the Revised Code,	5968
including all offenses described in that division of which the	5969
offender is convicted or to which the offender pleads guilty in	5970
the current prosecution and all offenses described in that	5971
division of which the offender previously has been convicted or to	5972
which the offender previously pleaded guilty, whether prosecuted	5973
together or separately.	5974

(iii) The offense or offenses of which the offender currently	5975
is convicted or to which the offender currently pleads guilty is	5976
aggravated murder and the court does not impose a sentence of	5977
death or life imprisonment without parole, murder, terrorism and	5978
the court does not impose a sentence of life imprisonment without	5979
parole, any felony of the first degree that is an offense of	5980
violence and the court does not impose a sentence of life	5981
imprisonment without parole, or any felony of the second degree	5982
that is an offense of violence and the trier of fact finds that	5983
the offense involved an attempt to cause or a threat to cause	5984
serious physical harm to a person or resulted in serious physical	5985
harm to a person.	5986

(c) For purposes of division (D)(2)(b) of this section, two	5987
or more offenses committed at the same time or as part of the same	5988
act or event shall be considered one offense, and that one offense	5989
shall be the offense with the greatest penalty.	5990

(d) A sentence imposed under division (D)(2)(a) or (b) of	5991
this section shall not be reduced pursuant to section 2929.20 or	5992
section 2967.193, or any other provision of Chapter 2967. or	5993
Chapter 5120. of the Revised Code. The offender shall serve an	5994
additional prison term imposed under this section consecutively to	5995
and prior to the prison term imposed for the underlying offense.	5996

(e) When imposing a sentence pursuant to division (D)(2)(a)	5997
or (b) of this section, the court shall state its findings	5998
explaining the imposed sentence.	5999

(3)(a) Except when an offender commits a violation of section	6000
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	6001
the violation is life imprisonment or commits a violation of	6002
section 2903.02 of the Revised Code, if the offender commits a	6003
violation of section 2925.03 or 2925.11 of the Revised Code and	6004
that section classifies the offender as a major drug offender and	6005
requires the imposition of a ten-year prison term on the offender,	6006
if the offender commits a felony violation of section 2925.02,	6007
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	6008
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	6009
division (C) of section 4729.51, or division (J) of section	6010
4729.54 of the Revised Code that includes the sale, offer to sell,	6011
or possession of a schedule I or II controlled substance, with the	6012
exception of marihuana, and the court imposing sentence upon the	6013
offender finds that the offender is guilty of a specification of	6014
the type described in section 2941.1410 of the Revised Code	6015
charging that the offender is a major drug offender, if the court	6016
imposing sentence upon an offender for a felony finds that the	6017
offender is guilty of corrupt activity with the most serious	6018
offense in the pattern of corrupt activity being a felony of the	6019
first degree, or if the offender is guilty of an attempted	6020
violation of section 2907.02 of the Revised Code and, had the	6021
offender completed the violation of section 2907.02 of the Revised	6022
Code that was attempted, the offender would have been subject to a	6023
sentence of life imprisonment or life imprisonment without parole	6024
for the violation of section 2907.02 of the Revised Code, the	6025
court shall impose upon the offender for the felony violation a	6026
ten-year prison term that cannot be reduced pursuant to section	6027
2929.20 or Chapter 2967. or 5120. of the Revised Code.	6028

(b) The court imposing a prison term on an offender under	6029
division (D)(3)(a) of this section may impose an additional prison	6030
term of one, two, three, four, five, six, seven, eight, nine, or	6031
ten years, if the court, with respect to the term imposed under	6032
division (D)(3)(a) of this section and, if applicable, divisions	6033
(D)(1) and (2) of this section, makes both of the findings set	6034
forth in divisions (D)(2)(a)(iv) and (v) of this section.	6035

(4) If the offender is being sentenced for a third or fourth	6036
degree felony OVI offense under division (G)(2) of section 2929.13	6037
of the Revised Code, the sentencing court shall impose upon the	6038
offender a mandatory prison term in accordance with that division.	6039
In addition to the mandatory prison term, if the offender is being	6040
sentenced for a fourth degree felony OVI offense, the court,	6041
notwithstanding division (A)(4) of this section, may sentence the	6042
offender to a definite prison term of not less than six months and	6043
not more than thirty months, and if the offender is being	6044
sentenced for a third degree felony OVI offense, the sentencing	6045
court may sentence the offender to an additional prison term of	6046
any duration specified in division (A)(3) of this section. In	6047
either case, the additional prison term imposed shall be reduced	6048
by the sixty or one hundred twenty days imposed upon the offender	6049
as the mandatory prison term. The total of the additional prison	6050
term imposed under division (D)(4) of this section plus the sixty	6051
or one hundred twenty days imposed as the mandatory prison term	6052
shall equal a definite term in the range of six months to thirty	6053
months for a fourth degree felony OVI offense and shall equal one	6054
of the authorized prison terms specified in division (A)(3) of	6055
this section for a third degree felony OVI offense. If the court	6056
imposes an additional prison term under division (D)(4) of this	6057
section, the offender shall serve the additional prison term after	6058
the offender has served the mandatory prison term required for the	6059
offense. In addition to the mandatory prison term or mandatory and	6060
additional prison term imposed as described in division (D)(4) of	6061
this section, the court also may sentence the offender to a	6062
community control sanction under section 2929.16 or 2929.17 of the	6063
Revised Code, but the offender shall serve all of the prison terms	6064
so imposed prior to serving the community control sanction.	6065

If the offender is being sentenced for a fourth degree felony	6066
OVI offense under division (G)(1) of section 2929.13 of the	6067
Revised Code and the court imposes a mandatory term of local	6068
incarceration, the court may impose a prison term as described in	6069
division (A)(1) of that section.	6070

(5) If an offender is convicted of or pleads guilty to a	6071
violation of division (A)(1) or (2) of section 2903.06 of the	6072
Revised Code and also is convicted of or pleads guilty to a	6073
specification of the type described in section 2941.1414 of the	6074
Revised Code that charges that the victim of the offense is a	6075
peace officer, as defined in section 2935.01 of the Revised Code,	6076
or an investigator of the bureau of criminal identification and	6077
investigation, as defined in section 2903.11 of the Revised Code,	6078
the court shall impose on the offender a prison term of five	6079
years. If a court imposes a prison term on an offender under	6080
division (D)(5) of this section, the prison term shall not be	6081
reduced pursuant to section 2929.20, section 2967.193, or any	6082
other provision of Chapter 2967. or Chapter 5120. of the Revised	6083
Code. A court shall not impose more than one prison term on an	6084
offender under division (D)(5) of this section for felonies	6085
committed as part of the same act.	6086

(6) If an offender is convicted of or pleads guilty to a	6087
violation of division (A)(1) or (2) of section 2903.06 of the	6088
Revised Code and also is convicted of or pleads guilty to a	6089
specification of the type described in section 2941.1415 of the	6090
Revised Code that charges that the offender previously has been	6091
convicted of or pleaded guilty to three or more violations of	6092
division (A) or (B) of section 4511.19 of the Revised Code or an	6093
equivalent offense, as defined in section 2941.1415 of the Revised	6094
Code, or three or more violations of any combination of those	6095
divisions and offenses, the court shall impose on the offender a	6096
prison term of three years. If a court imposes a prison term on an	6097
offender under division (D)(6) of this section, the prison term	6098
shall not be reduced pursuant to section 2929.20, section	6099
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	6100
of the Revised Code. A court shall not impose more than one prison	6101
term on an offender under division (D)(6) of this section for	6102
felonies committed as part of the same act.	6103

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	6104
mandatory prison term is imposed upon an offender pursuant to	6105
division (D)(1)(a) of this section for having a firearm on or	6106
about the offender's person or under the offender's control while	6107
committing a felony, if a mandatory prison term is imposed upon an	6108
offender pursuant to division (D)(1)(c) of this section for	6109
committing a felony specified in that division by discharging a	6110
firearm from a motor vehicle, or if both types of mandatory prison	6111
terms are imposed, the offender shall serve any mandatory prison	6112
term imposed under either division consecutively to any other	6113
mandatory prison term imposed under either division or under	6114
division (D)(1)(d) of this section, consecutively to and prior to	6115
any prison term imposed for the underlying felony pursuant to	6116
division (A), (D)(2), or (D)(3) of this section or any other	6117
section of the Revised Code, and consecutively to any other prison	6118
term or mandatory prison term previously or subsequently imposed	6119
upon the offender.	6120

(b) If a mandatory prison term is imposed upon an offender	6121
pursuant to division (D)(1)(d) of this section for wearing or	6122
carrying body armor while committing an offense of violence that	6123
is a felony, the offender shall serve the mandatory term so	6124
imposed consecutively to any other mandatory prison term imposed	6125
under that division or under division (D)(1)(a) or (c) of this	6126
section, consecutively to and prior to any prison term imposed for	6127
the underlying felony under division (A), (D)(2), or (D)(3) of	6128
this section or any other section of the Revised Code, and	6129
consecutively to any other prison term or mandatory prison term	6130
previously or subsequently imposed upon the offender.	6131

(c) If a mandatory prison term is imposed upon an offender	6132
pursuant to division (D)(1)(f) of this section, the offender shall	6133
serve the mandatory prison term so imposed consecutively to and	6134
prior to any prison term imposed for the underlying felony under	6135
division (A), (D)(2), or (D)(3) of this section or any other	6136
section of the Revised Code, and consecutively to any other prison	6137
term or mandatory prison term previously or subsequently imposed	6138
upon the offender.	6139

(2) If an offender who is an inmate in a jail, prison, or	6140
other residential detention facility violates section 2917.02,	6141
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	6142
who is under detention at a detention facility commits a felony	6143
violation of section 2923.131 of the Revised Code, or if an	6144
offender who is an inmate in a jail, prison, or other residential	6145
detention facility or is under detention at a detention facility	6146
commits another felony while the offender is an escapee in	6147
violation of section 2921.34 of the Revised Code, any prison term	6148
imposed upon the offender for one of those violations shall be	6149
served by the offender consecutively to the prison term or term of	6150
imprisonment the offender was serving when the offender committed	6151
that offense and to any other prison term previously or	6152
subsequently imposed upon the offender.	6153

(3) If a prison term is imposed for a violation of division	6154
(B) of section 2911.01 of the Revised Code, a violation of	6155
division (A) of section 2913.02 of the Revised Code in which the	6156
stolen property is a firearm or dangerous ordnance, or a felony	6157
violation of division (B) of section 2921.331 of the Revised Code,	6158
the offender shall serve that prison term consecutively to any	6159
other prison term or mandatory prison term previously or	6160
subsequently imposed upon the offender.	6161

(4) If multiple prison terms are imposed on an offender for	6162
convictions of multiple offenses, the court may require the	6163
offender to serve the prison terms consecutively if the court	6164
finds that the consecutive service is necessary to protect the	6165
public from future crime or to punish the offender and that	6166
consecutive sentences are not disproportionate to the seriousness	6167
of the offender's conduct and to the danger the offender poses to	6168
the public, and if the court also finds any of the following:	6169

(a) The offender committed one or more of the multiple	6170
offenses while the offender was awaiting trial or sentencing, was	6171
under a sanction imposed pursuant to section 2929.16, 2929.17, or	6172
2929.18 of the Revised Code, or was under post-release control for	6173
a prior offense.	6174

(b) At least two of the multiple offenses were committed as	6175
part of one or more courses of conduct, and the harm caused by two	6176
or more of the multiple offenses so committed was so great or	6177
unusual that no single prison term for any of the offenses	6178
committed as part of any of the courses of conduct adequately	6179
reflects the seriousness of the offender's conduct.	6180

(c) The offender's history of criminal conduct demonstrates	6181
that consecutive sentences are necessary to protect the public	6182
from future crime by the offender.	6183

(5) If a mandatory prison term is imposed upon an offender	6184
pursuant to division (D)(5) or (6) of this section, the offender	6185
shall serve the mandatory prison term consecutively to and prior	6186
to any prison term imposed for the underlying violation of	6187
division (A)(1) or (2) of section 2903.06 of the Revised Code	6188
pursuant to division (A) of this section or section 2929.142 of	6189
the Revised Code. If a mandatory prison term is imposed upon an	6190
offender pursuant to division (D)(5) of this section, and if a	6191
mandatory prison term also is imposed upon the offender pursuant	6192
to division (D)(6) of this section in relation to the same	6193
violation, the offender shall serve the mandatory prison term	6194
imposed pursuant to division (D)(5) of this section consecutively	6195
to and prior to the mandatory prison term imposed pursuant to	6196
division (D)(6) of this section and consecutively to and prior to	6197
any prison term imposed for the underlying violation of division	6198
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	6199
division (A) of this section or section 2929.142 of the Revised	6200
Code.	6201

(6) When consecutive prison terms are imposed pursuant to	6202
division (E)(1), (2), (3), (4), or (5) of this section, the term	6203
to be served is the aggregate of all of the terms so imposed.	6204

(F)(1) If a court imposes a prison term for a felony of the	6205
first degree, for a felony of the second degree, for a felony sex	6206
offense, or for a felony of the third degree that is not a felony	6207
sex offense and in the commission of which the offender caused or	6208
threatened to cause physical harm to a person, it shall include in	6209
the sentence a requirement that the offender be subject to a	6210
period of post-release control after the offender's release from	6211
imprisonment, in accordance with that division. If a court imposes	6212
a sentence including a prison term of a type described in this	6213
division on or after July 11, 2006, the failure of a court to	6214
include a post-release control requirement in the sentence	6215
pursuant to this division does not negate, limit, or otherwise	6216
affect the mandatory period of post-release control that is	6217
required for the offender under division (B) of section 2967.28 of	6218
the Revised Code. Section 2929.191 of the Revised Code applies if,	6219
prior to July 11, 2006, a court imposed a sentence including a	6220
prison term of a type described in this division and failed to	6221
include in the sentence pursuant to this division a statement	6222
regarding post-release control.	6223

(2) If a court imposes a prison term for a felony of the	6224
third, fourth, or fifth degree that is not subject to division	6225
(F)(1) of this section, it shall include in the sentence a	6226
requirement that the offender be subject to a period of	6227
post-release control after the offender's release from	6228
imprisonment, in accordance with that division, if the parole	6229
board determines that a period of post-release control is	6230
necessary. Section 2929.191 of the Revised Code applies if, prior	6231
to July 11, 2006, a court imposed a sentence including a prison	6232
term of a type described in this division and failed to include in	6233
the sentence pursuant to this division a statement regarding	6234
post-release control.	6235

(G) If aThe court shall impose sentence upon the offender in	6236
accordance with section 2971.03 of the Revised Code, and Chapter	6237
2971. of the Revised Code applies regarding the prison term or	6238
term of life imprisonment without parole imposed upon the offender	6239
and the service of that term of imprisonment if any of the	6240
following apply:	6241

(1) A person is convicted of or pleads guilty to a violent	6242
sex offense or a designated homicide, assault, or kidnapping	6243
offense, and, in relation to that offense, the offender is	6244
adjudicated a sexually violent predator, if a.	6245

(2) A person is convicted of or pleads guilty to a violation	6246
of division (A)(1)(b) of section 2907.02 of the Revised Code	6247
committed on or after the effective date of this amendmentJanuary	6248
2, 2007, and either the court does not impose a sentence of life	6249
without parole when authorized pursuant to division (B) of section	6250
2907.02 of the Revised Code, or division (B) of section 2907.02 of	6251
the Revised Code provides that the court shall not sentence the	6252
offender pursuant to section 2971.03 of the Revised Code, or if a.	6253

(3) A person is convicted of or pleads guilty to attempted	6254
rape committed on or after the effective date of this amendment	6255
January 2, 2007, and a specification of the type described in	6256
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code,	6257
the court shall impose sentence upon the offender in accordance	6258
with section 2971.03 of the Revised Code, and Chapter 2971. of the	6259
Revised Code applies regarding the prison term or term of life	6260
imprisonment without parole imposed upon the offender and the	6261
service of that term of imprisonment.	6262

(4) A person is convicted of or pleads guilty to a violation	6263
of section 2905.01 of the Revised Code committed on or after the	6264
effective date of this amendment, and that section requires the	6265
court to sentence the offender pursuant to section 2971.03 of the	6266
Revised Code.	6267

(5) A person is convicted of or pleads guilty to aggravated	6268
murder committed on or after the effective date of this amendment,	6269
and division (A)(2)(b)(ii) of section 2929.022, division	6270
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	6271
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section	6272
2929.06 of the Revised Code requires the court to sentence the	6273
offender pursuant to division (B)(3) of section 2971.03 of the	6274
Revised Code.	6275

(6) A person is convicted of or pleads guilty to murder	6276
committed on or after the effective date of this amendment, and	6277
division (B)(2) of section 2929.02 of the Revised Code requires	6278
the court to sentence the offender pursuant to section 2971.03 of	6279
the Revised Code.	6280

(H) If a person who has been convicted of or pleaded guilty	6281
to a felony is sentenced to a prison term or term of imprisonment	6282
under this section, sections 2929.02 to 2929.06 of the Revised	6283
Code, section 2929.142 of the Revised Code, section 2971.03 of the	6284
Revised Code, or any other provision of law, section 5120.163 of	6285
the Revised Code applies regarding the person while the person is	6286
confined in a state correctional institution.	6287

(I) If an offender who is convicted of or pleads guilty to a	6288
felony that is an offense of violence also is convicted of or	6289
pleads guilty to a specification of the type described in section	6290
2941.142 of the Revised Code that charges the offender with having	6291
committed the felony while participating in a criminal gang, the	6292
court shall impose upon the offender an additional prison term of	6293
one, two, or three years.	6294

(J) If an offender who is convicted of or pleads guilty to	6295
aggravated murder, murder, or a felony of the first, second, or	6296
third degree that is an offense of violence also is convicted of	6297
or pleads guilty to a specification of the type described in	6298
section 2941.143 of the Revised Code that charges the offender	6299
with having committed the offense in a school safety zone or	6300
towards a person in a school safety zone, the court shall impose	6301
upon the offender an additional prison term of two years. The	6302
offender shall serve the additional two years consecutively to and	6303
prior to the prison term imposed for the underlying offense.	6304

(K) At the time of sentencing, the court may recommend the	6305
offender for placement in a program of shock incarceration under	6306
section 5120.031 of the Revised Code or for placement in an	6307
intensive program prison under section 5120.032 of the Revised	6308
Code, disapprove placement of the offender in a program of shock	6309
incarceration or an intensive program prison of that nature, or	6310
make no recommendation on placement of the offender. In no case	6311
shall the department of rehabilitation and correction place the	6312
offender in a program or prison of that nature unless the	6313
department determines as specified in section 5120.031 or 5120.032	6314
of the Revised Code, whichever is applicable, that the offender is	6315
eligible for the placement.	6316

If the court disapproves placement of the offender in a	6317
program or prison of that nature, the department of rehabilitation	6318
and correction shall not place the offender in any program of	6319
shock incarceration or intensive program prison.	6320

If the court recommends placement of the offender in a	6321
program of shock incarceration or in an intensive program prison,	6322
and if the offender is subsequently placed in the recommended	6323
program or prison, the department shall notify the court of the	6324
placement and shall include with the notice a brief description of	6325
the placement.	6326

If the court recommends placement of the offender in a	6327
program of shock incarceration or in an intensive program prison	6328
and the department does not subsequently place the offender in the	6329
recommended program or prison, the department shall send a notice	6330
to the court indicating why the offender was not placed in the	6331
recommended program or prison.	6332

If the court does not make a recommendation under this	6333
division with respect to an offender and if the department	6334
determines as specified in section 5120.031 or 5120.032 of the	6335
Revised Code, whichever is applicable, that the offender is	6336
eligible for placement in a program or prison of that nature, the	6337
department shall screen the offender and determine if there is an	6338
available program of shock incarceration or an intensive program	6339
prison for which the offender is suited. If there is an available	6340
program of shock incarceration or an intensive program prison for	6341
which the offender is suited, the department shall notify the	6342
court of the proposed placement of the offender as specified in	6343
section 5120.031 or 5120.032 of the Revised Code and shall include	6344
with the notice a brief description of the placement. The court	6345
shall have ten days from receipt of the notice to disapprove the	6346
placement.	6347

(L) If a person is convicted of or pleads guilty to	6348
aggravated vehicular homicide in violation of division (A)(1) of	6349
section 2903.06 of the Revised Code and division (B)(2)(c) of that	6350
section applies, the person shall be sentenced pursuant to section	6351
2929.142 of the Revised Code.	6352

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	6353
hearing before imposing a sentence under this chapter upon an	6354
offender who was convicted of or pleaded guilty to a felony and	6355
before resentencing an offender who was convicted of or pleaded	6356
guilty to a felony and whose case was remanded pursuant to section	6357
2953.07 or 2953.08 of the Revised Code. At the hearing, the	6358
offender, the prosecuting attorney, the victim or the victim's	6359
representative in accordance with section 2930.14 of the Revised	6360
Code, and, with the approval of the court, any other person may	6361
present information relevant to the imposition of sentence in the	6362
case. The court shall inform the offender of the verdict of the	6363
jury or finding of the court and ask the offender whether the	6364
offender has anything to say as to why sentence should not be	6365
imposed upon the offender.	6366

(2) Except as otherwise provided in this division, before	6367
imposing sentence on an offender who is being sentenced on or	6368
after January 1, 1997, for a sexually oriented offense that is not	6369
a registration-exempt sexually oriented offense and who is in any	6370
category of offender described in division (B)(1)(a)(i), (ii), or	6371
(iii) of section 2950.09 of the Revised Code, the court shall	6372
conduct a hearing in accordance with division (B) of section	6373
2950.09 of the Revised Code to determine whether the offender is a	6374
sexual predator. The court shall not conduct a hearing under that	6375
division if the offender is being sentenced for a violent sex	6376
offense or a designated homicide, assault, or kidnapping offense	6377
and, in relation to that offense, the offender was adjudicated a	6378
sexually violent predator, if the offender is being sentenced	6379
under section 2971.03 of the Revised Code for a violation of	6380
division (A)(1)(b) of section 2907.02 of the Revised Code	6381
committed on or after the effective date of this amendment, if the	6382
offender is sentenced to a term of life without parole under	6383
division (B) of section 2907.02 of the Revised Code, or if the	6384
offender is being sentenced for attempted rape committed on or	6385
after the effective date of this amendment and a specification of	6386
the type described in section 2941.1418, 2941.1419, or 2941.1420	6387
of the Revised Code. Before imposing sentence on an offender who	6388
is being sentenced for a sexually oriented offense that is not a	6389
registration-exempt sexually oriented offense, the court also	6390
shall comply with division (E) of section 2950.09 of the Revised	6391
Code.	6392

Before imposing sentence on or after July 31, 2003, on an	6393
offender who is being sentenced for a child-victim oriented	6394
offense, regardless of when the offense was committed, the court	6395
shall conduct a hearing in accordance with division (B) of section	6396
2950.091 of the Revised Code to determine whether the offender is	6397
a child-victim predator. Before imposing sentence on an offender	6398
who is being sentenced for a child-victim oriented offense, the	6399
court also shall comply with division (E) of section 2950.091 of	6400
the Revised Code.	6401

(B)(1) At the sentencing hearing, the court, before imposing	6402
sentence, shall consider the record, any information presented at	6403
the hearing by any person pursuant to division (A) of this	6404
section, and, if one was prepared, the presentence investigation	6405
report made pursuant to section 2951.03 of the Revised Code or	6406
Criminal Rule 32.2, and any victim impact statement made pursuant	6407
to section 2947.051 of the Revised Code.	6408

(2) The court shall impose a sentence and shall make a	6409
finding that gives its reasons for selecting the sentence imposed	6410
in any of the following circumstances:	6411

(a) Unless the offense is a violent sex offense or designated	6412
homicide, assault, or kidnapping offense for which the court is	6413
required to impose sentence pursuant to division (G) of section	6414
2929.14 of the Revised Code, if it imposes a prison term for a	6415
felony of the fourth or fifth degree or for a felony drug offense	6416
that is a violation of a provision of Chapter 2925. of the Revised	6417
Code and that is specified as being subject to division (B) of	6418
section 2929.13 of the Revised Code for purposes of sentencing,	6419
its reasons for imposing the prison term, based upon the	6420
overriding purposes and principles of felony sentencing set forth	6421
in section 2929.11 of the Revised Code, and any factors listed in	6422
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code	6423
that it found to apply relative to the offender.	6424

(b) If it does not impose a prison term for a felony of the	6425
first or second degree or for a felony drug offense that is a	6426
violation of a provision of Chapter 2925. of the Revised Code and	6427
for which a presumption in favor of a prison term is specified as	6428
being applicable, its reasons for not imposing the prison term and	6429
for overriding the presumption, based upon the overriding purposes	6430
and principles of felony sentencing set forth in section 2929.11	6431
of the Revised Code, and the basis of the findings it made under	6432
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	6433

(c) If it imposes consecutive sentences under section 2929.14	6434
of the Revised Code, its reasons for imposing the consecutive	6435
sentences;	6436

(d) If the sentence is for one offense and it imposes a	6437
prison term for the offense that is the maximum prison term	6438
allowed for that offense by division (A) of section 2929.14 of the	6439
Revised Code or section 2929.142 of the Revised Code, its reasons	6440
for imposing the maximum prison term;	6441

(e) If the sentence is for two or more offenses arising out	6442
of a single incident and it imposes a prison term for those	6443
offenses that is the maximum prison term allowed for the offense	6444
of the highest degree by division (A) of section 2929.14 of the	6445
Revised Code or section 2929.142 of the Revised Code, its reasons	6446
for imposing the maximum prison term.	6447

(3) Subject to division (B)(4) of this section, if the	6448
sentencing court determines at the sentencing hearing that a	6449
prison term is necessary or required, the court shall do all of	6450
the following:	6451

(a) Impose a stated prison term;

6452

(b) Notify the offender that, as part of the sentence, the	6453
parole board may extend the stated prison term for certain	6454
violations of prison rules for up to one-half of the stated prison	6455
term;	6456

(c) Notify the offender that the offender will be supervised	6457
under section 2967.28 of the Revised Code after the offender	6458
leaves prison if the offender is being sentenced for a felony of	6459
the first degree or second degree, for a felony sex offense, or	6460
for a felony of the third degree that is not a felony sex offense	6461
and in the commission of which the offender caused or threatened	6462
to cause physical harm to a person. If a court imposes a sentence	6463
including a prison term of a type described in division (B)(3)(c)	6464
of this section on or after July 11, 2006, the failure of a court	6465
to notify the offender pursuant to division (B)(3)(c) of this	6466
section that the offender will be supervised under section 2967.28	6467
of the Revised Code after the offender leaves prison or to include	6468
in the judgment of conviction entered on the journal a statement	6469
to that effect does not negate, limit, or otherwise affect the	6470
mandatory period of supervision that is required for the offender	6471
under division (B) of section 2967.28 of the Revised Code. Section	6472
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	6473
court imposed a sentence including a prison term of a type	6474
described in division (B)(3)(c) of this section and failed to	6475
notify the offender pursuant to division (B)(3)(c) of this section	6476
regarding post-release control or to include in the judgment of	6477
conviction entered on the journal or in the sentence a statement	6478
regarding post-release control.	6479

(d) Notify the offender that the offender may be supervised	6480
under section 2967.28 of the Revised Code after the offender	6481
leaves prison if the offender is being sentenced for a felony of	6482
the third, fourth, or fifth degree that is not subject to division	6483
(B)(3)(c) of this section. Section 2929.191 of the Revised Code	6484
applies if, prior to July 11, 2006, a court imposed a sentence	6485
including a prison term of a type described in division (B)(3)(d)	6486
of this section and failed to notify the offender pursuant to	6487
division (B)(3)(d) of this section regarding post-release control	6488
or to include in the judgment of conviction entered on the journal	6489
or in the sentence a statement regarding post-release control.	6490

(e) Notify the offender that, if a period of supervision is	6491
imposed following the offender's release from prison, as described	6492
in division (B)(3)(c) or (d) of this section, and if the offender	6493
violates that supervision or a condition of post-release control	6494
imposed under division (B) of section 2967.131 of the Revised	6495
Code, the parole board may impose a prison term, as part of the	6496
sentence, of up to one-half of the stated prison term originally	6497
imposed upon the offender. If a court imposes a sentence including	6498
a prison term on or after July 11, 2006, the failure of a court to	6499
notify the offender pursuant to division (B)(3)(e) of this section	6500
that the parole board may impose a prison term as described in	6501
division (B)(3)(e) of this section for a violation of that	6502
supervision or a condition of post-release control imposed under	6503
division (B) of section 2967.131 of the Revised Code or to include	6504
in the judgment of conviction entered on the journal a statement	6505
to that effect does not negate, limit, or otherwise affect the	6506
authority of the parole board to so impose a prison term for a	6507
violation of that nature if, pursuant to division (D)(1) of	6508
section 2967.28 of the Revised Code, the parole board notifies the	6509
offender prior to the offender's release of the board's authority	6510
to so impose a prison term. Section 2929.191 of the Revised Code	6511
applies if, prior to July 11, 2006, a court imposed a sentence	6512
including a prison term and failed to notify the offender pursuant	6513
to division (B)(3)(e) of this section regarding the possibility of	6514
the parole board imposing a prison term for a violation of	6515
supervision or a condition of post-release control.	6516

(f) Require that the offender not ingest or be injected with	6517
a drug of abuse and submit to random drug testing as provided in	6518
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	6519
is applicable to the offender who is serving a prison term, and	6520
require that the results of the drug test administered under any	6521
of those sections indicate that the offender did not ingest or was	6522
not injected with a drug of abuse.	6523

(4) If the(a) The court shall include in the offender's	6524
sentence a statement that the offender is a tier III sex	6525
offender/child-victim offender, and the court shall comply with	6526
the requirements of section 2950.03 of the Revised Code if any of	6527
the following apply:	6528

(i) The offender is being sentenced for a violent sex	6529
offense or designated homicide, assault, or kidnapping offense	6530
that the offender committed on or after January 1, 1997, and the	6531
offender is adjudicated a sexually violent predator in relation to	6532
that offense, if the.	6533

(ii) The offender is being sentenced for a sexually oriented	6534
offense that is not a registration-exempt sexually oriented	6535
offense and that the offender committed on or after January 1,	6536
1997, and the court imposing the sentence has determined pursuant	6537
to division (B) of section 2950.09 of the Revised Code that the	6538
offender is a sexual predator, if thetier III sex	6539
offender/child-victim offender relative to that offense.	6540

(iii) The offender is being sentenced on or after July 31,	6541
2003, for a child-victim oriented offense, and the court imposing	6542
the sentence has determined pursuant to division (B) of section	6543
2950.091 of the Revised Code that the offender is a child-victim	6544
predator, if the offender is being sentenced for an aggravated	6545
sexually oriented offense as defined in section 2950.01 of the	6546
Revised Code, if thetier III sex offender/child-victim offender	6547
relative to that offense.	6548

(iv) The offender is being sentenced under section 2971.03 of	6549
the Revised Code for a violation of division (A)(1)(b) of section	6550
2907.02 of the Revised Code committed on or after the effective	6551
date of this amendment, if theJanuary 2, 2007.	6552

(v) The offender is sentenced to a term of life without	6553
parole under division (B) of section 2907.02 of the Revised Code,	6554
or if the.	6555

(vi) The offender is being sentenced for attempted rape	6556
committed on or after the effective date of this amendmentJanuary	6557
2, 2007, and a specification of the type described in section	6558
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the court	6559
shall include in the offender's sentence a statement that the	6560
offender has been adjudicated a sexual predator, has been	6561
adjudicated a child victim predator, or has been convicted of or	6562
pleaded guilty to an aggravated sexually oriented offense,	6563
whichever is applicable, and shall comply with the requirements of	6564
section 2950.03 of the Revised Code.	6565

(vii) The offender is being sentenced under division	6566
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	6567
for an offense described in those divisions committed on or after	6568
the effective date of this amendment.	6569

(b) Additionally, if any criterion set forth in divisions	6570
(B)(4)(a)(i) to (vii) of this section is satisfied, in the	6571
circumstances described in division (G) of section 2929.14 of the	6572
Revised Code, the court shall impose sentence on the offender as	6573
described in that division.	6574

(5) If the sentencing court determines at the sentencing	6575
hearing that a community control sanction should be imposed and	6576
the court is not prohibited from imposing a community control	6577
sanction, the court shall impose a community control sanction. The	6578
court shall notify the offender that, if the conditions of the	6579
sanction are violated, if the offender commits a violation of any	6580
law, or if the offender leaves this state without the permission	6581
of the court or the offender's probation officer, the court may	6582
impose a longer time under the same sanction, may impose a more	6583
restrictive sanction, or may impose a prison term on the offender	6584
and shall indicate the specific prison term that may be imposed as	6585
a sanction for the violation, as selected by the court from the	6586
range of prison terms for the offense pursuant to section 2929.14	6587
of the Revised Code.	6588

(6) Before imposing a financial sanction under section	6589
2929.18 of the Revised Code or a fine under section 2929.32 of the	6590
Revised Code, the court shall consider the offender's present and	6591
future ability to pay the amount of the sanction or fine.	6592

(7) If the sentencing court sentences the offender to a	6593
sanction of confinement pursuant to section 2929.14 or 2929.16 of	6594
the Revised Code that is to be served in a local detention	6595
facility, as defined in section 2929.36 of the Revised Code, and	6596
if the local detention facility is covered by a policy adopted	6597
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	6598
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	6599
and section 2929.37 of the Revised Code, both of the following	6600
apply:	6601

(a) The court shall specify both of the following as part of	6602
the sentence:	6603

(i) If the offender is presented with an itemized bill	6604
pursuant to section 2929.37 of the Revised Code for payment of the	6605
costs of confinement, the offender is required to pay the bill in	6606
accordance with that section.	6607

(ii) If the offender does not dispute the bill described in	6608
division (B)(7)(a)(i) of this section and does not pay the bill by	6609
the times specified in section 2929.37 of the Revised Code, the	6610
clerk of the court may issue a certificate of judgment against the	6611
offender as described in that section.	6612

(b) The sentence automatically includes any certificate of	6613
judgment issued as described in division (B)(7)(a)(ii) of this	6614
section.	6615

(C)(1) If the offender is being sentenced for a fourth degree	6616
felony OVI offense under division (G)(1) of section 2929.13 of the	6617
Revised Code, the court shall impose the mandatory term of local	6618
incarceration in accordance with that division, shall impose a	6619
mandatory fine in accordance with division (B)(3) of section	6620
2929.18 of the Revised Code, and, in addition, may impose	6621
additional sanctions as specified in sections 2929.15, 2929.16,	6622
2929.17, and 2929.18 of the Revised Code. The court shall not	6623
impose a prison term on the offender except that the court may	6624
impose a prison term upon the offender as provided in division	6625
(A)(1) of section 2929.13 of the Revised Code.	6626

(2) If the offender is being sentenced for a third or fourth	6627
degree felony OVI offense under division (G)(2) of section 2929.13	6628
of the Revised Code, the court shall impose the mandatory prison	6629
term in accordance with that division, shall impose a mandatory	6630
fine in accordance with division (B)(3) of section 2929.18 of the	6631
Revised Code, and, in addition, may impose an additional prison	6632
term as specified in section 2929.14 of the Revised Code. In	6633
addition to the mandatory prison term or mandatory prison term and	6634
additional prison term the court imposes, the court also may	6635
impose a community control sanction on the offender, but the	6636
offender shall serve all of the prison terms so imposed prior to	6637
serving the community control sanction.	6638

(D) The sentencing court, pursuant to division (K) of section	6639
2929.14 of the Revised Code, may recommend placement of the	6640
offender in a program of shock incarceration under section	6641
5120.031 of the Revised Code or an intensive program prison under	6642
section 5120.032 of the Revised Code, disapprove placement of the	6643
offender in a program or prison of that nature, or make no	6644
recommendation. If the court recommends or disapproves placement,	6645
it shall make a finding that gives its reasons for its	6646
recommendation or disapproval.	6647

Sec. 2929.23.  (A) If an offender is being sentenced for a	6648
sexually oriented offense or child-victim oriented offense that is	6649
a misdemeanor committed on or after January 1, 1997, and if the	6650
judge imposing sentence for the sexually oriented offense	6651
determines pursuant to division (B) of section 2950.09 of the	6652
Revised Code that the offender is a sexual predatortier III sex	6653
offender/child-victim offender relative to the offense or the	6654
offense is any offense listed in division (D)(1) to (3) of section	6655
2901.07 of the Revised Code, the judge shall include in the	6656
offender's sentence a statement that the offender has been	6657
adjudicated a sexual predatoris a tier III sex	6658
offender/child-victim offender, shall comply with the requirements	6659
of section 2950.03 of the Revised Code, and shall require the	6660
offender to submit to a DNA specimen collection procedure pursuant	6661
to section 2901.07 of the Revised Code.	6662

(B) Before imposing sentence on an offender who is being	6663
sentenced for a sexually oriented offense that is a misdemeanor,	6664
that was committed on or after January 1, 1997, and that is not a	6665
registration-exempt sexually oriented offense, the judge shall	6666
conduct a hearing in accordance with division (B) of section	6667
2950.09 of the Revised Code to determine whether the offender is a	6668
sexual predator. Before imposing sentence on an offender who is	6669
being sentenced for a sexually oriented offense that is not a	6670
registration-exempt sexually oriented offense, the court also	6671
shall comply with division (E) of section 2950.09 of the Revised	6672
Code.	6673

Before imposing sentence on or after the effective date of	6674
this amendment on an offender who is being sentenced for a	6675
child-victim oriented offense that is a misdemeanor, regardless of	6676
when the offense was committed, the judge shall conduct a hearing	6677
in accordance with division (B) of section 2950.091 of the Revised	6678
Code to determine whether the offender is a child-victim predator.	6679
Before imposing sentence on an offender who is being sentenced for	6680
a child-victim oriented offense, the court also shall comply with	6681
division (E) of section 2950.091 of the Revised Code.	6682

(C) If an offender is being sentenced for a sexually oriented	6683
offense that is not a registration-exempt sexually oriented	6684
offense or for a child-victim oriented offense that is a	6685
misdemeanor committed on or after January 1, 1997, the judge shall	6686
include in the sentence a summary of the offender's duties imposed	6687
under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	6688
Revised Code and the duration of the duties. The judge shall	6689
inform the offender, at the time of sentencing, of those duties	6690
and of their duration and, if. If required under division (A)(2)	6691
of section 2950.03 of the Revised Code, the judge shall perform	6692
the duties specified in that section or, if required under	6693
division (A)(6) of section 2950.03 of the Revised Code, the judge	6694
shall perform the duties specified in that division.	6695

Sec. 2930.16.  (A) If a defendant is incarcerated, a victim	6696
in a case who has requested to receive notice under this section	6697
shall be given notice of the incarceration of the defendant. If an	6698
alleged juvenile offender is committed to the temporary custody of	6699
a school, camp, institution, or other facility operated for the	6700
care of delinquent children or to the legal custody of the	6701
department of youth services, a victim in a case who has requested	6702
to receive notice under this section shall be given notice of the	6703
commitment. Promptly after sentence is imposed upon the defendant	6704
or the commitment of the alleged juvenile offender is ordered, the	6705
prosecutor in the case shall notify the victim of the date on	6706
which the defendant will be released from confinement or the	6707
prosecutor's reasonable estimate of that date or the date on which	6708
the alleged juvenile offender will have served the minimum period	6709
of commitment or the prosecutor's reasonable estimate of that	6710
date. The prosecutor also shall notify the victim of the name of	6711
the custodial agency of the defendant or alleged juvenile offender	6712
and tell the victim how to contact that custodial agency. If the	6713
custodial agency is the department of rehabilitation and	6714
correction, the prosecutor shall notify the victim of the services	6715
offered by the office of victims' services pursuant to section	6716
5120.60 of the Revised Code. If the custodial agency is the	6717
department of youth services, the prosecutor shall notify the	6718
victim of the services provided by the office of victims' services	6719
within the release authority of the department pursuant to section	6720
5139.55 of the Revised Code and the victim's right pursuant to	6721
section 5139.56 of the Revised Code to submit a written request to	6722
the release authority to be notified of actions the release	6723
authority takes with respect to the alleged juvenile offender. The	6724
victim shall keep the custodial agency informed of the victim's	6725
current address and telephone number.	6726

(B)(1) Upon the victim's request, the prosecutor promptly	6727
shall notify the victim of any hearing for judicial release of the	6728
defendant pursuant to section 2929.20 of the Revised Code or of	6729
any hearing for judicial release or early release of the alleged	6730
juvenile offender pursuant to section 2151.38 of the Revised Code	6731
and of the victim's right to make a statement under those	6732
sections. The court shall notify the victim of its ruling in each	6733
of those hearings and on each of those applications.	6734

(2) If an offender is convicted of or pleads guilty to a	6735
violent sex offense or designated homicide, assault, or kidnapping	6736
offense, the offender is adjudicated a sexually violent predator	6737
in relation to that crime, and the offender is sentenced to a	6738
prison term for that crime pursuant to division (A)(3) or (B) of	6739
section 2971.03 of the Revised Code, if an offender is convicted	6740
of or pleads guilty to a violation of division (A)(1)(b) of	6741
section 2907.02 of the Revised Code committed on or after the	6742
effective date of this amendment, and the offender is sentenced to	6743
a prison term for that offense pursuant to division (B)(1)(a),	6744
(b), or (c) of section 2971.03 of the Revised Code, if an offender	6745
is convicted of or pleads guilty to attempted rape committed on or	6746
after the effective date of this amendment, the offender also is	6747
convicted of or pleads guilty to a specification of the type	6748
described in section 2941.1418 of the Revised Code, and the	6749
offender is sentenced to a prison term for that offense pursuant	6750
to division (B)(2)(a) of section 2971.03 of the Revised Code, if	6751
the offender is convicted of or pleads guilty to attempted rape	6752
committed on or after the effective date of this amendment, the	6753
offender also is convicted of or pleads guilty to a specification	6754
of the type described in section 2941.1419 of the Revised Code,	6755
and the offender is sentenced to a prison term for that offense	6756
pursuant to division (B)(2)(b) of section 2971.03 of the Revised	6757
Code, or if the offender is convicted of or pleads guilty to	6758
attempted rape committed on or after the effective date of this	6759
amendment, the offender also is convicted of or pleads guilty to a	6760
specification of the type described in section 2941.1420 of the	6761
Revised Code, and the offender is sentenced to a prison term for	6762
that offense pursuant to division (B)(2)(c) of section 2971.03 of	6763
the Revised Code, upon the request of the victim of the crime, the	6764
prosecutor promptly shall notify the victim of any hearing to be	6765
conducted pursuant to section 2971.05 of the Revised Code to	6766
determine whether to modify the requirement that the offender	6767
serve the entire prison term in a state correctional facility in	6768
accordance with division (C) of that section, whether to continue,	6769
revise, or revoke any existing modification of that requirement,	6770
or whether to terminate the prison term in accordance with	6771
division (D) of that section. The court shall notify the victim of	6772
any order issued at the conclusion of the hearing. As used in	6773
this division:	6774

(a) "Adjudicated a sexually violent predator" has the same	6775
meaning as in section 2929.01 of the Revised Code and a person is	6776
"adjudicated a sexually violent predator" in the same manner and	6777
the same circumstances as are described in that section.	6778

(b) "Designated homicide, assault, or kidnapping offense" and	6779
"violent sex offense" have the same meanings as in section 2971.01	6780
of the Revised Code.	6781

(C) Upon the victim's request made at any time before the	6782
particular notice would be due, the custodial agency of a	6783
defendant or alleged juvenile offender shall give the victim any	6784
of the following notices that is applicable:	6785

(1) At least three weeks before the adult parole authority	6786
recommends a pardon or commutation of sentence for the defendant	6787
or at least three weeks prior to a hearing before the adult parole	6788
authority regarding a grant of parole to the defendant, notice of	6789
the victim's right to submit a statement regarding the impact of	6790
the defendant's release in accordance with section 2967.12 of the	6791
Revised Code and, if applicable, of the victim's right to appear	6792
at a full board hearing of the parole board to give testimony as	6793
authorized by section 5149.101 of the Revised Code;	6794

(2) At least three weeks before the defendant is transferred	6795
to transitional control under section 2967.26 of the Revised Code,	6796
notice of the pendency of the transfer and of the victim's right	6797
under that section to submit a statement regarding the impact of	6798
the transfer;	6799

(3) At least thirty days before the release authority of the	6800
department of youth services holds a release review, release	6801
hearing, or discharge review for the alleged juvenile offender,	6802
notice of the pendency of the review or hearing, of the victim's	6803
right to make an oral or written statement regarding the impact of	6804
the crime upon the victim or regarding the possible release or	6805
discharge, and, if the notice pertains to a hearing, of the	6806
victim's right to attend and make statements or comments at the	6807
hearing as authorized by section 5139.56 of the Revised Code;	6808

(4) Prompt notice of the defendant's or alleged juvenile	6809
offender's escape from a facility of the custodial agency in which	6810
the defendant was incarcerated or in which the alleged juvenile	6811
offender was placed after commitment, of the defendant's or	6812
alleged juvenile offender's absence without leave from a mental	6813
health or mental retardation and developmental disabilities	6814
facility or from other custody, and of the capture of the	6815
defendant or alleged juvenile offender after an escape or absence;	6816

(5) Notice of the defendant's or alleged juvenile offender's	6817
death while in confinement or custody;	6818

(6) Notice of the defendant's or alleged juvenile offender's	6819
release from confinement or custody and the terms and conditions	6820
of the release.	6821

Sec. 2941.148.  (A)(1) The application of Chapter 2971. of	6822
the Revised Code to an offender is precluded unless one of the	6823
following applies:	6824

(a) The offender is charged with a violent sex offense, and	6825
the indictment, count in the indictment, or information charging	6826
the violent sex offense also includes a specification that the	6827
offender is a sexually violent predator, or the offender is	6828
charged with a designated homicide, assault, or kidnapping	6829
offense, and the indictment, count in the indictment, or	6830
information charging the designated homicide, assault, or	6831
kidnapping offense also includes both a specification of the type	6832
described in section 2941.147 of the Revised Code and a	6833
specification that the offender is a sexually violent predator.	6834

(b) The offender is convicted of or pleads guilty to a	6835
violation of division (A)(1)(b) of section 2907.02 of the Revised	6836
Code committed on or after the effective date of this amendment	6837
January 2, 2007, and division (B) of section 2907.02 of the	6838
Revised Code does not prohibit the court from sentencing the	6839
offender pursuant to section 2971.03 of the Revised Code.	6840

(c) The offender is convicted of or pleads guilty to	6841
attempted rape committed on or after the effective date of this	6842
amendmentJanuary 2, 2007, and to a specification of the type	6843
described in section 2941.1418, 2941.1419, or 2941.1420 of the	6844
Revised Code.	6845

(d) The offender is convicted of or pleads guilty to a	6846
violation of section 2905.01 of the Revised Code and to a	6847
specification of the type described in section 2941.147 of the	6848
Revised Code, and section 2905.01 of the Revised Code requires a	6849
court to sentence the offender pursuant to section 2971.03 of the	6850
Revised Code.	6851

(e) The offender is convicted of or pleads guilty to	6852
aggravated murder and to a specification of the type described in	6853
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	6854
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),	6855
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section	6856
2929.03, or division (A) or (B) of section 2929.06 of the Revised	6857
Code requires a court to sentence the offender pursuant to	6858
division (B)(3) of section 2971.03 of the Revised Code.	6859

(f) The offender is convicted of or pleads guilty to murder	6860
and to a specification of the type described in section 2941.147	6861
of the Revised Code, and division (B)(2) of section 2929.02 of the	6862
Revised Code requires a court to sentence the offender pursuant to	6863
section 2971.03 of the Revised Code.	6864

(2) A specification required under division (A)(1)(a) of this	6865
section that an offender is a sexually violent predator shall be	6866
stated at the end of the body of the indictment, count, or	6867
information and shall be stated in substantially the following	6868
form:	6869

"Specification (or, specification to the first count). The	6870
grand jury (or insert the person's or prosecuting attorney's name	6871
when appropriate) further find and specify that the offender is a	6872
sexually violent predator."	6873

(B) In determining for purposes of this section whether a	6874
person is a sexually violent predator, all of the factors set	6875
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	6876
Code that apply regarding the person may be considered as evidence	6877
tending to indicate that it is likely that the person will engage	6878
in the future in one or more sexually violent offenses.	6879

(C) As used in this section, "designated homicide, assault,	6880
or kidnapping offense," "violent sex offense," and "sexually	6881
violent predator" have the same meanings as in section 2971.01 of	6882
the Revised Code.	6883

Sec. 2950.01. As used in this chapter, unless the context	6884
clearly requires otherwise:	6885

(A) "Sexually oriented offense" means any of the following	6886
violations or offenses committed by a person, regardless of the	6887
person's age:	6888

(1) A violation of section 2907.02, 2907.03, 2907.05,	6889
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,	6890
or 2907.323 of the Revised Code;	6891

(2) A violation of section 2907.04 of the Revised Code when	6892
the offender is less than four years older than the other person	6893
with whom the offender engaged in sexual conduct, the other person	6894
did not consent to the sexual conduct, and the offender previously	6895
has not been convicted of or pleaded guilty to a violation of	6896
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	6897
violation of former section 2907.12 of the Revised Code;	6898

(3) A violation of section 2907.04 of the Revised Code when	6899
the offender is at least four years older than the other person	6900
with whom the offender engaged in sexual conduct or when the	6901
offender is less than four years older than the other person with	6902
whom the offender engaged in sexual conduct and the offender	6903
previously has been convicted of or pleaded guilty to a violation	6904
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	6905
violation of former section 2907.12 of the Revised Code;	6906

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	6907
the Revised Code when the violation was committed with a sexual	6908
motivation;	6909

(5) A violation of division (A) of section 2903.04 of the	6910
Revised Code when the offender committed or attempted to commit	6911
the felony that is the basis of the violation with a sexual	6912
motivation;	6913

(6) A violation of division (A)(3) of section 2903.211 of the	6914
Revised Code;	6915

(7) A violation of division (A)(1), (2), (3), or (5) of	6916
section 2905.01 of the Revised Code when the offense is committed	6917
with a sexual motivation;	6918

(8) A violation of division (A)(4) of section 2905.01 of the	6919
Revised Code;	6920

(9) A violation of division (B) of section 2905.01 of the	6921
Revised Code when the victim of the offense is under eighteen	6922
years of age and the offender is not a parent of the victim of the	6923
offense;	6924

(10) A violation of division (B) of section 2905.02, of	6925
division (B) of section 2905.03, of division (B) of section	6926
2905.05, or of division (B)(5) of section 2919.22 of the Revised	6927
Code;	6928

(11) A violation of any former law of this state, any	6929
existing or former municipal ordinance or law of another state or	6930
the United States, any existing or former law applicable in a	6931
military court or in an Indian tribal court, or any existing or	6932
former law of any nation other than the United States that is or	6933
was substantially equivalent to any offense listed in division	6934
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this	6935
section;	6936

(12) Any attempt to commit, conspiracy to commit, or	6937
complicity in committing any offense listed in division (A)(1),	6938
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this	6939
section.	6940

(B)(1) "Sex offender" means, subject to division (B)(2) of	6941
this section, a person who is convicted of, pleads guilty to, has	6942
been convicted of, has pleaded guilty to, is adjudicated a	6943
delinquent child for committing, or has been adjudicated a	6944
delinquent child for committing any sexually oriented offense.	6945

(2) "Sex offender" does not include a person who is convicted	6946
of, pleads guilty to, has been convicted of, has pleaded guilty	6947
to, is adjudicated a delinquent child for committing, or has been	6948
adjudicated a delinquent child for committing a sexually oriented	6949
offense if the offense involves consensual sexual conduct or	6950
consensual sexual contact and either of the following applies:	6951

(a) The victim of the sexually oriented offense was eighteen	6952
years of age or older and at the time of the sexually oriented	6953
offense was not under the custodial authority of the person who is	6954
convicted of, pleads guilty to, has been convicted of, has pleaded	6955
guilty to, is adjudicated a delinquent child for committing, or	6956
has been adjudicated a delinquent child for committing the	6957
sexually oriented offense.	6958

(b) The victim of the offense was thirteen years of age or	6959
older, and the person who is convicted of, pleads guilty to, has	6960
been convicted of, has pleaded guilty to, is adjudicated a	6961
delinquent child for committing, or has been adjudicated a	6962
delinquent child for committing the sexually oriented offense is	6963
not more than four years older than the victim.	6964

(C) "Child-victim oriented offense" means any of the	6965
following violations or offenses committed by a person, regardless	6966
of the person's age, when the victim is under eighteen years of	6967
age and is not a child of the person who commits the violation:	6968

(1) A violation of division (A)(1), (2), (3), or (5) of	6969
section 2905.01 of the Revised Code when the violation is not	6970
included in division (A)(7) of this section;	6971

(2) A violation of division (A) of section 2905.02, division	6972
(A) of section 2905.03, or division (A) of section 2905.05 of the	6973
Revised Code;	6974

(3) A violation of any former law of this state, any existing	6975
or former municipal ordinance or law of another state or the	6976
United States, any existing or former law applicable in a military	6977
court or in an Indian tribal court, or any existing or former law	6978
of any nation other than the United States that is or was	6979
substantially equivalent to any offense listed in division (C)(1)	6980
or (2) of this section;	6981

(4) Any attempt to commit, conspiracy to commit, or	6982
complicity in committing any offense listed in division (C)(1),	6983
(2), or (3) of this section.	6984

(D) "Child-victim offender" means a person who is convicted	6985
of, pleads guilty to, has been convicted of, has pleaded guilty	6986
to, is adjudicated a delinquent child for committing, or has been	6987
adjudicated a delinquent child for committing any child-victim	6988
oriented offense.	6989

(E) "Tier I sex offender/child-victim offender" means any of	6990
the following:	6991

(1) A sex offender who is convicted of, pleads guilty to, has	6992
been convicted of, or has pleaded guilty to any of the following	6993
sexually oriented offenses:	6994

(a) A violation of section 2907.06, 2907.07, 2907.08, or	6995
2907.32 of the Revised Code;	6996

(b) A violation of section 2907.04 of the Revised Code when	6997
the offender is less than four years older than the other person	6998
with whom the offender engaged in sexual conduct, the other person	6999
did not consent to the sexual conduct, and the offender previously	7000
has not been convicted of or pleaded guilty to a violation of	7001
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	7002
violation of former section 2907.12 of the Revised Code;	7003

(c) A violation of division (A)(1), (2), (3), or (5) of	7004
section 2907.05 of the Revised Code;	7005

(d) A violation of division (A)(3) of section 2907.323 of the	7006
Revised Code;	7007

(e) A violation of division (A)(3) of section 2903.211, of	7008
division (B) of section 2905.03, or of division (B) of section	7009
2905.05 of the Revised Code;	7010

(f) A violation of any former law of this state, any existing	7011
or former municipal ordinance or law of another state or the	7012
United States, any existing or former law applicable in a military	7013
court or in an Indian tribal court, or any existing or former law	7014
of any nation other than the United States, that is or was	7015
substantially equivalent to any offense listed in division	7016
(E)(1)(a), (b), (c), (d), or (e) of this section;	7017

(g) Any attempt to commit, conspiracy to commit, or	7018
complicity in committing any offense listed in division (E)(1)(a),	7019
(b), (c), (d), (e), or (f) of this section.	7020

(2) A child-victim offender who is convicted of, pleads	7021
guilty to, has been convicted of, or has pleaded guilty to a	7022
child-victim oriented offense and who is not within either	7023
category of child-victim offender described in division (F)(2) or	7024
(G)(2) of this section.	7025

(3) A sex offender who is adjudicated a delinquent child for	7026
committing or has been adjudicated a delinquent child for	7027
committing any sexually oriented offense and who a juvenile court,	7028
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	7029
Revised Code, classifies a tier I sex offender/child-victim	7030
offender relative to the offense.	7031

(4) A child-victim offender who is adjudicated a delinquent	7032
child for committing or has been adjudicated a delinquent child	7033
for committing any child-victim oriented offense and who a	7034
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	7035
2152.85 of the Revised Code, classifies a tier I sex	7036
offender/child-victim offender relative to the offense.	7037

(F) "Tier II sex offender/child-victim offender" means any of	7038
the following:	7039

(1) A sex offender who is convicted of, pleads guilty to, has	7040
been convicted of, or has pleaded guilty to any of the following	7041
sexually oriented offenses:	7042

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	7043
the Revised Code;	7044

(b) A violation of section 2907.04 of the Revised Code when	7045
the offender is at least four years older than the other person	7046
with whom the offender engaged in sexual conduct, or when the	7047
offender is less than four years older than the other person with	7048
whom the offender engaged in sexual conduct and the offender	7049
previously has been convicted of or pleaded guilty to a violation	7050
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	7051
former section 2907.12 of the Revised Code;	7052

(c) A violation of division (A)(4) of section 2907.05 or of	7053
division (A)(1) or (2) of section 2907.323 of the Revised Code;	7054

(d) A violation of division (A)(1), (2), (3), or (5) of	7055
section 2905.01 of the Revised Code when the offense is committed	7056
with a sexual motivation;	7057

(e) A violation of division (A)(4) of section 2905.01 of the	7058
Revised Code when the victim of the offense is eighteen years of	7059
age or older;	7060

(f) A violation of division (B) of section 2905.02 or of	7061
division (B)(5) of section 2919.22 of the Revised Code;	7062

(g) A violation of any former law of this state, any existing	7063
or former municipal ordinance or law of another state or the	7064
United States, any existing or former law applicable in a military	7065
court or in an Indian tribal court, or any existing or former law	7066
of any nation other than the United States that is or was	7067
substantially equivalent to any offense listed in division	7068
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;	7069

(h) Any attempt to commit, conspiracy to commit, or	7070
complicity in committing any offense listed in division (F)(1)(a),	7071
(b), (c), (d), (e), (f), or (g) of this section;	7072

(i) Any sexually oriented offense that is committed after the	7073
sex offender previously has been convicted of, pleaded guilty to,	7074
or has been adjudicated a delinquent child for committing any	7075
sexually oriented offense or child-victim oriented offense for	7076
which the offender was classified a tier I sex	7077
offender/child-victim offender.	7078

(2) A child-victim offender who is convicted of, pleads	7079
guilty to, has been convicted of, or has pleaded guilty to any	7080
child-victim oriented offense when the child-victim oriented	7081
offense is committed after the child-victim offender previously	7082
has been convicted of, pleaded guilty to, or been adjudicated a	7083
delinquent child for committing any sexually oriented offense or	7084
child-victim oriented offense for which the offender was	7085
classified a tier I sex offender/child-victim offender.	7086

(3) A sex offender who is adjudicated a delinquent child for	7087
committing or has been adjudicated a delinquent child for	7088
committing any sexually oriented offense and who a juvenile court,	7089
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	7090
Revised Code, classifies a tier II sex offender/child-victim	7091
offender relative to the offense.	7092

(4) A child-victim offender who is adjudicated a delinquent	7093
child for committing or has been adjudicated a delinquent child	7094
for committing any child-victim oriented offense and whom a	7095
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	7096
2152.85 of the Revised Code, classifies a tier II sex	7097
offender/child-victim offender relative to the current offense.	7098

(5) A sex offender or child-victim offender who is not in any	7099
category of tier II sex offender/child-victim offender set forth	7100
in division (F)(1), (2), (3), or (4) of this section, who prior to	7101
January 1, 2008, was adjudicated a delinquent child for committing	7102
a sexually oriented offense or child-victim oriented offense, and	7103
who prior to that date was determined to be a habitual sex	7104
offender or determined to be a habitual child-victim offender,	7105
unless either of the following applies:	7106

(a) The sex offender or child-victim offender is reclassified	7107
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	7108
tier I sex offender/child-victim offender or a tier III sex	7109
offender/child-victim offender relative to the offense.	7110

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	7111
2152.84, or 2152.85 of the Revised Code, classifies the child a	7112
tier I sex offender/child-victim offender or a tier III sex	7113
offender/child-victim offender relative to the offense.	7114

(G) "Tier III sex offender/child-victim offender" means any	7115
of the following:	7116

(1) A sex offender who is convicted of, pleads guilty to, has	7117
been convicted of, or has pleaded guilty to any of the following	7118
sexually oriented offenses:	7119

(a) A violation of section 2907.02 or 2907.03 of the Revised	7120
Code;	7121

(b) A violation of division (B) of section 2907.05 of the	7122
Revised Code;	7123

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	7124
the Revised Code when the violation was committed with a sexual	7125
motivation;	7126

(d) A violation of division (A) of section 2903.04 of the	7127
Revised Code when the offender committed or attempted to commit	7128
the felony that is the basis of the violation with a sexual	7129
motivation;	7130

(e) A violation of division (A)(4) of section 2905.01 of the	7131
Revised Code when the victim of the offense is under eighteen	7132
years of age;	7133

(f) A violation of division (B) of section 2905.01 of the	7134
Revised Code when the victim of the offense is under eighteen	7135
years of age and the offender is not a parent of the victim of the	7136
offense;	7137

(g) A violation of any former law of this state, any existing	7138
or former municipal ordinance or law of another state or the	7139
United States, any existing or former law applicable in a military	7140
court or in an Indian tribal court, or any existing or former law	7141
of any nation other than the United States that is or was	7142
substantially equivalent to any offense listed in division	7143
(G)(1)(a), (b), (c), (d), (e), or (f) of this section;	7144

(h) Any attempt to commit, conspiracy to commit, or	7145
complicity in committing any offense listed in division (G)(1)(a),	7146
(b), (c), (d), (e), (f), or (g) of this section;	7147

(i) Any sexually oriented offense that is committed after the	7148
sex offender previously has been convicted of, pleaded guilty to,	7149
or been adjudicated a delinquent child for committing any sexually	7150
oriented offense or child-victim oriented offense for which the	7151
offender was classified a tier II sex offender/child-victim	7152
offender or a tier III sex offender/child-victim offender.	7153

(2) A child-victim offender who is convicted of, pleads	7154
guilty to, has been convicted of, or has pleaded guilty to any	7155
child-victim oriented offense when the child-victim oriented	7156
offense is committed after the child-victim offender previously	7157
has been convicted of, pleaded guilty to, or been adjudicated a	7158
delinquent child for committing any sexually oriented offense or	7159
child-victim oriented offense for which the offender was	7160
classified a tier II sex offender/child-victim offender or a tier	7161
III sex offender/child-victim offender.	7162

(3) A sex offender who is adjudicated a delinquent child for	7163
committing or has been adjudicated a delinquent child for	7164
committing any sexually oriented offense and who a juvenile court,	7165
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	7166
Revised Code, classifies a tier III sex offender/child-victim	7167
offender relative to the offense.	7168

(4) A child-victim offender who is adjudicated a delinquent	7169
child for committing or has been adjudicated a delinquent child	7170
for committing any child-victim oriented offense and whom a	7171
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	7172
2152.85 of the Revised Code, classifies a tier III sex	7173
offender/child-victim offender relative to the current offense.	7174

(5) A sex offender or child-victim offender who is not in	7175
any category of tier III sex offender/child-victim offender set	7176
forth in division (G)(1), (2), (3), or (4) of this section, who	7177
prior to January 1, 2008, was convicted of or pleaded guilty to a	7178
sexually oriented offense or child-victim oriented offense or was	7179
adjudicated a delinquent child for committing a sexually oriented	7180
offense or child-victim oriented offense and classified a juvenile	7181
offender registrant, and who prior to that date was adjudicated a	7182
sexual predator or adjudicated a child-victim predator, unless	7183
either of the following applies:	7184

(a) The sex offender or child-victim offender is reclassified	7185
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	7186
tier I sex offender/child-victim offender or a tier II sex	7187
offender/child-victim offender relative to the offense.	7188

(b) The sex offender or child-victim offender is a delinquent	7189
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	7190
2152.84, or 2152.85 of the Revised Code, classifies the child a	7191
tier I sex offender/child-victim offender or a tier II sex	7192
offender/child-victim offender relative to the offense.	7193

(6) A sex offender who is convicted of, pleads guilty to, was	7194
convicted of, or pleaded guilty to a sexually oriented offense, if	7195
the sexually oriented offense and the circumstances in which it	7196
was committed are such that division (F) of section 2971.03 of the	7197
Revised Code automatically classifies the offender as a tier III	7198
sex offender/child-victim offender;	7199

(7) A sex offender or child-victim offender who is convicted	7200
of, pleads guilty to, was convicted of, pleaded guilty to, is	7201
adjudicated a delinquent child for committing, or was adjudicated	7202
a delinquent child for committing a sexually oriented offense or	7203
child-victim offense in another state, in a federal court,	7204
military court, or Indian tribal court, or in a court in any	7205
nation other than the United States if both of the following	7206
apply:	7207

(a) Under the law of the jurisdiction in which the offender	7208
was convicted or pleaded guilty or the delinquent child was	7209
adjudicated, the offender or delinquent child is in a category	7210
substantially equivalent to a category of tier III sex	7211
offender/child-victim offender described in division (G)(1), (2),	7212
(3), (4), (5), or (6) of this section.	7213

(b) Subsequent to the conviction, plea of guilty, or	7214
adjudication in the other jurisdiction, the offender or delinquent	7215
child resides, has temporary domicile, attends school or an	7216
institution of higher education, is employed, or intends to reside	7217
in this state in any manner and for any period of time that	7218
subjects the offender or delinquent child to a duty to register or	7219
provide notice of intent to reside under section 2950.04 or	7220
2950.041 of the Revised Code.	7221

(H) "Confinement" includes, but is not limited to, a	7222
community residential sanction imposed pursuant to section 2929.16	7223
or 2929.26 of the Revised Code.	7224

(B) "Habitual sex offender" means, except when a juvenile	7225
judge removes this classification pursuant to division (A)(2) of	7226
section 2152.84 or division (C)(2) of section 2152.85 of the	7227
Revised Code, a person to whom both of the following apply:	7228

(1) The person is convicted of or pleads guilty to a sexually	7229
oriented offense that is not a registration-exempt sexually	7230
oriented offense, or the person is adjudicated a delinquent child	7231
for committing on or after January 1, 2002, a sexually oriented	7232
offense that is not a registration-exempt sexually oriented	7233
offense, was fourteen years of age or older at the time of	7234
committing the offense, and is classified a juvenile sex offender	7235
registrant based on that adjudication.	7236

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

7237

(a) Regarding a person who is an offender, the person	7238
previously was convicted of or pleaded guilty to one or more	7239
sexually oriented offenses or child-victim oriented offenses or	7240
previously was adjudicated a delinquent child for committing one	7241
or more sexually oriented offenses or child-victim oriented	7242
offenses and was classified a juvenile offender registrant or	7243
out-of-state juvenile offender registrant based on one or more of	7244
those adjudications, regardless of when the offense was committed	7245
and regardless of the person's age at the time of committing the	7246
offense.	7247

(b) Regarding a delinquent child, the person previously was	7248
convicted of, pleaded guilty to, or was adjudicated a delinquent	7249
child for committing one or more sexually oriented offenses or	7250
child-victim oriented offenses, regardless of when the offense was	7251
committed and regardless of the person's age at the time of	7252
committing the offense.	7253

(C)(I) "Prosecutor" has the same meaning as in section	7254
2935.01 of the Revised Code.	7255

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

7256

(1) Any of the following violations or offenses committed by	7257
a person eighteen years of age or older:	7258

(a) Regardless of the age of the victim of the offense, a	7259
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the	7260
Revised Code;	7261

(b) Any of the following offenses involving a minor, in the	7262
circumstances specified:	7263

(i) A violation of division (A)(4) of section 2905.01 or	7264
section 2907.04, 2907.06, or 2907.08 of the Revised Code, when the	7265
victim of the offense is under eighteen years of age;	7266

(ii) A violation of section 2907.21 of the Revised Code when	7267
the person who is compelled, induced, procured, encouraged,	7268
solicited, requested, or facilitated to engage in, paid or agreed	7269
to be paid for, or allowed to engage in the sexual activity in	7270
question is under eighteen years of age;	7271

(iii) A violation of division (A)(1) or (3) of section	7272
2907.321 or 2907.322 of the Revised Code;	7273

(iv) A violation of division (A)(1) or (2) of section	7274
2907.323 of the Revised Code;	7275

(v) A violation of division (B)(5) of section 2919.22 of the	7276
Revised Code when the child who is involved in the offense is	7277
under eighteen years of age;	7278

(vi) A violation of division (A)(1), (2), (3), or (5) of	7279
section 2905.01, of section 2903.211, 2905.02, 2905.03, or	7280
2905.05, or of former section 2905.04 of the Revised Code, when	7281
the victim of the offense is under eighteen years of age and the	7282
offense is committed with a sexual motivation.	7283

(c) Regardless of the age of the victim of the offense, a	7284
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	7285
Revised Code, or of division (A) of section 2903.04 of the Revised	7286
Code, that is committed with a sexual motivation;	7287

(d) A violent sex offense, or a designated homicide, assault,	7288
or kidnapping offense if the offender also was convicted of or	7289
pleaded guilty to a sexual motivation specification that was	7290
included in the indictment, count in the indictment, or	7291
information charging the designated homicide, assault, or	7292
kidnapping offense;	7293

(e) A violation of section 2907.06 or 2907.08 of the Revised	7294
Code when the victim of the offense is eighteen years of age or	7295
older, or a violation of section 2903.211 of the Revised Code when	7296
the victim of the offense is eighteen years of age or older and	7297
the offense is committed with a sexual motivation;	7298

(f) A violation of any former law of this state, any existing	7299
or former municipal ordinance or law of another state or the	7300
United States, any existing or former law applicable in a military	7301
court or in an Indian tribal court, or any existing or former law	7302
of any nation other than the United States, that is or was	7303
substantially equivalent to any offense listed in division	7304
(D)(1)(a), (b), (c), (d), or (e) of this section;	7305

(g) An attempt to commit, conspiracy to commit, or complicity	7306
in committing any offense listed in division (D)(1)(a), (b), (c),	7307
(d), (e), or (f) of this section.	7308

(2) An act committed by a person under eighteen years of age	7309
that is any of the following:	7310

(a) Subject to division (D)(2)(i) of this section, regardless	7311
of the age of the victim of the violation, a violation of section	7312
2907.02, 2907.03, 2907.05, or 2907.07 of the Revised Code;	7313

(b) Subject to division (D)(2)(i) of this section, any of the	7314
following acts involving a minor in the circumstances specified:	7315

(i) A violation of division (A)(4) of section 2905.01 or	7316
section 2907.06 or 2907.08 of the Revised Code, when the victim	7317
of the violation is under eighteen years of age;	7318

(ii) A violation of section 2907.21 of the Revised Code when	7319
the person who is compelled, induced, procured, encouraged,	7320
solicited, requested, or facilitated to engage in, paid or agreed	7321
to be paid for, or allowed to engage in the sexual activity in	7322
question is under eighteen years of age;	7323

(iii) A violation of division (B)(5) of section 2919.22 of	7324
the Revised Code when the child who is involved in the violation	7325
is under eighteen years of age;	7326

(iv) A violation of division (A)(1), (2), (3), or (5) of	7327
section 2905.01, section 2903.211, or former section 2905.04 of	7328
the Revised Code, when the victim of the violation is under	7329
eighteen years of age and the offense is committed with a sexual	7330
motivation.	7331

(c) Subject to division (D)(2)(i) of this section, any of the	7332
following:	7333

(i) Any violent sex offense that, if committed by an adult,	7334
would be a felony of the first, second, third, or fourth degree;	7335

(ii) Any designated homicide, assault, or kidnapping offense	7336
if that offense, if committed by an adult, would be a felony of	7337
the first, second, third, or fourth degree and if the court	7338
determined that, if the child was an adult, the child would be	7339
guilty of a sexual motivation specification regarding that	7340
offense.	7341

(d) Subject to division (D)(2)(i) of this section, a	7342
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	7343
2905.02 of the Revised Code, a violation of division (A) of	7344
section 2903.04 of the Revised Code, or an attempt to violate any	7345
of those sections or that division that is committed with a sexual	7346
motivation;	7347

(e) Subject to division (D)(2)(i) of this section, a	7348
violation of division (A)(1) or (3) of section 2907.321, division	7349
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	7350
section 2907.323 of the Revised Code, or an attempt to violate any	7351
of those divisions, if the person who violates or attempts to	7352
violate the division is four or more years older than the minor	7353
who is the victim of the violation;	7354

(f) Subject to division (D)(2)(i) of this section, a	7355
violation of section 2907.06 or 2907.08 of the Revised Code when	7356
the victim of the violation is eighteen years of age or older, or	7357
a violation of section 2903.211 of the Revised Code when the	7358
victim of the violation is eighteen years of age or older and the	7359
offense is committed with a sexual motivation;	7360

(g) Subject to division (D)(2)(i) of this section, any	7361
violation of any former law of this state, any existing or former	7362
municipal ordinance or law of another state or the United States,	7363
any existing or former law applicable in a military court or in an	7364
Indian tribal court, or any existing or former law of any nation	7365
other than the United States, that is or was substantially	7366
equivalent to any offense listed in division (D)(2)(a), (b), (c),	7367
(d), (e), or (f) of this section and that, if committed by an	7368
adult, would be a felony of the first, second, third, or fourth	7369
degree;	7370

(h) Subject to division (D)(2)(i) of this section, any	7371
attempt to commit, conspiracy to commit, or complicity in	7372
committing any offense listed in division (D)(2)(a), (b), (c),	7373
(d), (e), (f), or (g) of this section;	7374

(i) If the child's case has been transferred for criminal	7375
prosecution under section 2152.12 of the Revised Code, the act is	7376
any violation listed in division (D)(1)(a), (b), (c), (d), (e),	7377
(f), or (g) of this section or would be any offense listed in any	7378
of those divisions if committed by an adult.	7379

(E) "Sexual predator" means a person to whom either of the	7380
following applies:	7381

(1) The person has been convicted of or pleaded guilty to	7382
committing a sexually oriented offense that is not a	7383
registration-exempt sexually oriented offense and is likely to	7384
engage in the future in one or more sexually oriented offenses.	7385

(2) The person has been adjudicated a delinquent child for	7386
committing a sexually oriented offense that is not a	7387
registration-exempt sexually oriented offense, was fourteen years	7388
of age or older at the time of committing the offense, was	7389
classified a juvenile offender registrant based on that	7390
adjudication, and is likely to engage in the future in one or more	7391
sexually oriented offenses.	7392

(F)(J) "Supervised release" means a release of an offender	7393
from a prison term, a term of imprisonment, or another type of	7394
confinement that satisfies either of the following conditions:	7395

(1) The release is on parole, a conditional pardon, under a	7396
community control sanction, under transitional control, or under a	7397
post-release control sanction, and it requires the person to	7398
report to or be supervised by a parole officer, probation officer,	7399
field officer, or another type of supervising officer.	7400

(2) The release is any type of release that is not described	7401
in division (F)(J)(1) of this section and that requires the person	7402
to report to or be supervised by a probation officer, a parole	7403
officer, a field officer, or another type of supervising officer.	7404

(G) An offender or delinquent child is "adjudicated as being	7405
a sexual predator" or "adjudicated a sexual predator" if any of	7406
the following applies and if, regarding a delinquent child, that	7407
status has not been removed pursuant to section 2152.84, 2152.85,	7408
or 2950.09 of the Revised Code:	7409

(1) The offender is convicted of or pleads guilty to	7410
committing, on or after January 1, 1997, a sexually oriented	7411
offense that is not a registration-exempt sexually oriented	7412
offense, and any of the following apply:	7413

(a) The sexually oriented offense is a violent sex offense or	7414
a designated homicide, assault, or kidnapping offense, and the	7415
offender is adjudicated a sexually violent predator in relation to	7416
that offense.	7417

(b) The sexually oriented offense is a violation of division	7418
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	7419
after the effective date of this amendment, and either the	7420
offender is sentenced under section 2971.03 of the Revised Code or	7421
a sentence of life without parole is imposed under division (B) of	7422
section 2907.02 of the Revised Code.	7423

(c) The sexually oriented offense is attempted rape committed	7424
on or after the effective date of this amendment, and the offender	7425
also was convicted of or pleaded guilty to a specification of the	7426
type described in section 2941.1418, 2941.1419, or 2941.1420 of	7427
the Revised Code.	7428

(2) Regardless of when the sexually oriented offense was	7429
committed, on or after January 1, 1997, the offender is sentenced	7430
for a sexually oriented offense that is not a registration-exempt	7431
sexually oriented offense, and the sentencing judge determines	7432
pursuant to division (B) of section 2950.09 of the Revised Code	7433
that the offender is a sexual predator.	7434

(3) The delinquent child is adjudicated a delinquent child	7435
for committing a sexually oriented offense that is not a	7436
registration-exempt sexually oriented offense, was fourteen years	7437
of age or older at the time of committing the offense, and has	7438
been classified a juvenile offender registrant based on that	7439
adjudication, and the adjudicating judge or that judge's successor	7440
in office determines pursuant to division (B) of section 2950.09	7441
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	7442
the Revised Code that the delinquent child is a sexual predator.	7443

(4) Prior to January 1, 1997, the offender was convicted of	7444
or pleaded guilty to, and was sentenced for, a sexually oriented	7445
offense that is not a registration-exempt sexually oriented	7446
offense, the offender is imprisoned in a state correctional	7447
institution on or after January 1, 1997, and the court determines	7448
pursuant to division (C) of section 2950.09 of the Revised Code	7449
that the offender is a sexual predator.	7450

(5) Regardless of when the sexually oriented offense was	7451
committed, the offender or delinquent child is convicted of or	7452
pleads guilty to, has been convicted of or pleaded guilty to, or	7453
is adjudicated a delinquent child for committing a sexually	7454
oriented offense that is not a registration-exempt sexually	7455
oriented offense in another state, in a federal court, military	7456
court, or Indian tribal court, or in a court in any nation other	7457
than the United States, as a result of that conviction, plea of	7458
guilty, or adjudication, the offender or delinquent child is	7459
required, under the law of the jurisdiction in which the offender	7460
was convicted or pleaded guilty or the delinquent child was	7461
adjudicated, to register as a sex offender until the offender's or	7462
delinquent child's death, and, on or after July 1, 1997, for	7463
offenders or January 1, 2002, for delinquent children, the	7464
offender or delinquent child moves to and resides in this state or	7465
temporarily is domiciled in this state for more than five days or	7466
the offender is required under section 2950.04 of the Revised Code	7467
to register a school, institution of higher education, or place of	7468
employment address in this state, unless a court of common pleas	7469
or juvenile court determines that the offender or delinquent child	7470
is not a sexual predator pursuant to division (F) of section	7471
2950.09 of the Revised Code.	7472

(H)(K) "Sexually violent predator specification," "sexually	7473
violent predator," "sexually violent offense," "sexual motivation	7474
specification," "designated homicide, assault, or kidnapping	7475
offense," and "violent sex offense" have the same meanings as in	7476
section 2971.01 of the Revised Code.	7477

(I)(L) "Post-release control sanction" and "transitional	7478
control" have the same meanings as in section 2967.01 of the	7479
Revised Code.	7480

(J)(M) "Juvenile offender registrant" means a person who is	7481
adjudicated a delinquent child for committing on or after January	7482
1, 2002, a sexually oriented offense that is not a	7483
registration-exempt sexually oriented offense or a child-victim	7484
oriented offense, who is fourteen years of age or older at the	7485
time of committing the offense, and who a juvenile court judge,	7486
pursuant to an order issued under section 2152.82, 2152.83,	7487
2152.84, or 2152.85, or 2152.86 of the Revised Code, classifies a	7488
juvenile offender registrant and specifies has a duty to comply	7489
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	7490
Revised Code if the child committed a sexually oriented offense or	7491
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code	7492
if the child committed a child-victim oriented offense. "Juvenile	7493
offender registrant" includes a person who prior to January 1,	7494
2008, was a "juvenile offender registrant" under the definition of	7495
the term in existence prior to January 1, 2008, and a person who,	7496
prior to July 31, 2003, was a "juvenile sex offender registrant"	7497
under the former definition of that former term.	7498

(K)(N) "Public registry-qualified juvenile offender	7499
registrant" means a person who is adjudicated a delinquent child	7500
and on whom a juvenile court has imposed a serious youthful	7501
offender dispositional sentence under section 2152.13 of the	7502
Revised Code before, on, or after January 1, 2008, and to whom all	7503
of the following apply:	7504

(1) The person is adjudicated a delinquent child for	7505
committing, attempting to commit, conspiring to commit, or	7506
complicity in committing one of the following acts:	7507

(a) A violation of section 2907.02 of the Revised Code,	7508
division (B) of section 2907.05 of the Revised Code, or section	7509
2907.03 of the Revised Code if the victim of the violation was	7510
less than twelve years of age;	7511

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	7512
the Revised Code that was committed with a purpose to gratify the	7513
sexual needs or desires of the child.	7514

(2) The person was fourteen, fifteen, sixteen, or seventeen	7515
years of age at the time of committing the act.	7516

(3) A juvenile court judge, pursuant to an order issued under	7517
section 2152.86 of the Revised Code, classifies the person a	7518
juvenile offender registrant, specifies the person has a duty to	7519
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	7520
Code, and classifies the person a public registry-qualified	7521
juvenile offender registrant, and the classification of the person	7522
as a public registry-qualified juvenile offender registrant has	7523
not been terminated pursuant to division (D) of section 2152.86 of	7524
the Revised Code.	7525

(O) "Secure facility" means any facility that is designed and	7526
operated to ensure that all of its entrances and exits are locked	7527
and under the exclusive control of its staff and to ensure that,	7528
because of that exclusive control, no person who is	7529
institutionalized or confined in the facility may leave the	7530
facility without permission or supervision.	7531

(L)(P) "Out-of-state juvenile offender registrant" means a	7532
person who is adjudicated a delinquent child in a court in another	7533
state, in a federal court, military court, or Indian tribal court,	7534
or in a court in any nation other than the United States for	7535
committing a sexually oriented offense that is not a	7536
registration-exempt sexually oriented offense or a child-victim	7537
oriented offense, who on or after January 1, 2002, moves to and	7538
resides in this state or temporarily is domiciled in this state	7539
for more than five days, and who has a duty under section 2950.04	7540
or 2950.041 of the Revised Code to register in this state and the	7541
duty to otherwise comply with that applicable section and sections	7542
2950.05 and 2950.06 of the Revised Code if the child committed a	7543
sexually oriented offense or has a duty under section 2950.041 of	7544
the Revised Code to register in this state and the duty to	7545
otherwise comply with that section and sections 2950.05 and	7546
2950.06 of the Revised Code if the child committed a child-victim	7547
oriented offense. "Out-of-state juvenile offender registrant"	7548
includes a person who prior to January 1, 2008, was an	7549
"out-of-state juvenile offender registrant" under the definition	7550
of the term in existence prior to January 1, 2008, and a person	7551
who, prior to July 31, 2003, was an "out-of-state juvenile sex	7552
offender registrant" under the former definition of that former	7553
term.	7554

(M)(Q) "Juvenile court judge" includes a magistrate to whom	7555
the juvenile court judge confers duties pursuant to division	7556
(A)(15) of section 2151.23 of the Revised Code.	7557

(N)(R) "Adjudicated a delinquent child for committing a	7558
sexually oriented offense" includes a child who receives a serious	7559
youthful offender dispositional sentence under section 2152.13 of	7560
the Revised Code for committing a sexually oriented offense.	7561

(O) "Aggravated sexually oriented offense" means a violation	7562
of division (A)(1)(b) of section 2907.02 of the Revised Code	7563
committed on or after June 13, 2002, or a violation of division	7564
(A)(2) of that section committed on or after July 31, 2003.	7565

(P)(1) "Presumptive registration-exempt sexually oriented	7566
offense" means any of the following sexually oriented offenses	7567
described in division (P)(1)(a), (b), (c), (d), or (e) of this	7568
section, when the offense is committed by a person who previously	7569
has not been convicted of, pleaded guilty to, or adjudicated a	7570
delinquent child for committing any sexually oriented offense	7571
described in division (P)(1)(a), (b), (c), (d), or (e) of this	7572
section, any other sexually oriented offense, or any child-victim	7573
oriented offense and when the victim or intended victim of the	7574
offense is eighteen years of age or older:	7575

(a) Any sexually oriented offense listed in division	7576
(D)(1)(e) or (D)(2)(f) of this section committed by a person who	7577
is eighteen years of age or older or, subject to division	7578
(P)(1)(e) of this section, committed by a person who is under	7579
eighteen years of age;	7580

(b) Any violation of any former law of this state, any	7581
existing or former municipal ordinance or law of another state or	7582
the United States, any existing or former law applicable in a	7583
military court or in an Indian tribal court, or any existing or	7584
former law of any nation other than the United States that is	7585
committed by a person who is eighteen years of age or older and	7586
that is or was substantially equivalent to any sexually oriented	7587
offense listed in division (P)(1)(a) of this section;	7588

(c) Subject to division (P)(1)(e) of this section, any	7589
violation of any former law of this state, any existing or former	7590
municipal ordinance or law of another state or the United States,	7591
any existing or former law applicable in a military court or in an	7592
Indian tribal court, or any existing or former law of any nation	7593
other than the United States that is committed by a person who is	7594
under eighteen years of age, that is or was substantially	7595
equivalent to any sexually oriented offense listed in division	7596
(P)(1)(a) of this section, and that would be a felony of the	7597
fourth degree if committed by an adult;	7598

(d) Any attempt to commit, conspiracy to commit, or	7599
complicity in committing any offense listed in division (P)(1)(a)	7600
or (b) of this section if the person is eighteen years of age or	7601
older or, subject to division (P)(1)(e) of this section, listed in	7602
division (P)(1)(a) or (c) of this section if the person is under	7603
eighteen years of age.	7604

(e) Regarding an act committed by a person under eighteen	7605
years of age, if the child's case has been transferred for	7606
criminal prosecution under section 2152.12 of the Revised Code,	7607
the act is any sexually oriented offense listed in division	7608
(P)(1)(a), (b), or (d) of this section.	7609

(2) "Presumptive registration-exempt sexually oriented	7610
offense" does not include any sexually oriented offense described	7611
in division (P)(1)(a), (b), (c), (d), or (e) of this section that	7612
is committed by a person who previously has been convicted of,	7613
pleaded guilty to, or adjudicated a delinquent child for	7614
committing any sexually oriented offense described in division	7615
(P)(1)(a), (b), (c), (d), or (e) of this section or any other	7616
sexually oriented offense.	7617

(Q)(1) "Registration-exempt sexually oriented offense" means	7618
any presumptive registration-exempt sexually oriented offense, if	7619
a court does not issue an order under section 2950.021 of the	7620
Revised Code that removes the presumptive exemption and subjects	7621
the offender who was convicted of or pleaded guilty to the offense	7622
to registration under section 2950.04 of the Revised Code and all	7623
other duties and responsibilities generally imposed under this	7624
chapter upon persons who are convicted of or plead guilty to any	7625
sexually oriented offense other than a presumptive	7626
registration-exempt sexually oriented offense or that removes the	7627
presumptive exemption and potentially subjects the child who was	7628
adjudicated a delinquent child for committing the offense to	7629
classification as a juvenile offender registrant under section	7630
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to	7631
registration under section 2950.04 of the Revised Code and all	7632
other duties and responsibilities generally imposed under this	7633
chapter upon persons who are adjudicated delinquent children for	7634
committing a sexually oriented offense other than a presumptive	7635
registration-exempt sexually oriented offense.	7636

(2) "Registration-exempt sexually oriented offense" does not	7637
include a presumptive registration-exempt sexually oriented	7638
offense if a court issues an order under section 2950.021 of the	7639
Revised Code that removes the presumptive exemption and subjects	7640
the offender or potentially subjects the delinquent child to the	7641
duties and responsibilities described in division (Q)(1) of this	7642
section.	7643

(R)(S) "School" and "school premises" have the same meanings	7644
as in section 2925.01 of the Revised Code.	7645

(S)(1) "Child-victim oriented offense" means any of the	7646
following:	7647

(a) Subject to division (S)(2) of this section, any of the	7648
following violations or offenses committed by a person eighteen	7649
years of age or older, when the victim of the violation is under	7650
eighteen years of age and is not a child of the person who commits	7651
the violation:	7652

(i) A violation of division (A)(1), (2), (3), or (5) of	7653
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of	7654
former section 2905.04 of the Revised Code;	7655

(ii) A violation of any former law of this state, any	7656
existing or former municipal ordinance or law of another state or	7657
the United States, any existing or former law applicable in a	7658
military court or in an Indian tribal court, or any existing or	7659
former law of any nation other than the United States, that is or	7660
was substantially equivalent to any offense listed in division	7661
(S)(1)(a)(i) of this section;	7662

(iii) An attempt to commit, conspiracy to commit, or	7663
complicity in committing any offense listed in division	7664
(S)(1)(a)(i) or (ii) of this section.	7665

(b) Subject to division (S)(2) of this section, an act	7666
committed by a person under eighteen years of age that is any of	7667
the following, when the victim of the violation is under eighteen	7668
years of age and is not a child of the person who commits the	7669
violation:	7670

(i) Subject to division (S)(1)(b)(iv) of this section, a	7671
violation of division (A)(1), (2), (3), or (5) of section 2905.01	7672
or of former section 2905.04 of the Revised Code;	7673

(ii) Subject to division (S)(1)(b)(iv) of this section, any	7674
violation of any former law of this state, any existing or former	7675
municipal ordinance or law of another state or the United States,	7676
any existing or former law applicable in a military court or in an	7677
Indian tribal court, or any existing or former law of any nation	7678
other than the United States, that is or was substantially	7679
equivalent to any offense listed in division (S)(1)(b)(i) of this	7680
section and that, if committed by an adult, would be a felony of	7681
the first, second, third, or fourth degree;	7682

(iii) Subject to division (S)(1)(b)(iv) of this section, any	7683
attempt to commit, conspiracy to commit, or complicity in	7684
committing any offense listed in division (S)(1)(b)(i) or (ii) of	7685
this section;	7686

(iv) If the child's case has been transferred for criminal	7687
prosecution under section 2152.12 of the Revised Code, the act is	7688
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of	7689
this section or would be any offense listed in any of those	7690
divisions if committed by an adult.	7691

(2) "Child-victim oriented offense" does not include any	7692
offense identified in division (S)(1)(a) or (b) of this section	7693
that is a sexually violent offense. An offense identified in	7694
division (S)(1)(a) or (b) of this section that is a sexually	7695
violent offense is within the definition of a sexually oriented	7696
offense.	7697

(T)(1) "Habitual child-victim offender" means, except when a	7698
juvenile judge removes this classification pursuant to division	7699
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of	7700
the Revised Code, a person to whom both of the following apply:	7701

(a) The person is convicted of or pleads guilty to a	7702
child-victim oriented offense, or the person is adjudicated a	7703
delinquent child for committing on or after January 1, 2002, a	7704
child-victim oriented offense, was fourteen years of age or older	7705
at the time of committing the offense, and is classified a	7706
juvenile offender registrant based on that adjudication.	7707

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

7708

(i) Regarding a person who is an offender, the person	7709
previously was convicted of or pleaded guilty to one or more	7710
child-victim oriented offenses or previously was adjudicated a	7711
delinquent child for committing one or more child-victim oriented	7712
offenses and was classified a juvenile offender registrant or	7713
out-of-state juvenile offender registrant based on one or more of	7714
those adjudications, regardless of when the offense was committed	7715
and regardless of the person's age at the time of committing the	7716
offense.	7717

(ii) Regarding a delinquent child, the person previously was	7718
convicted of, pleaded guilty to, or was adjudicated a delinquent	7719
child for committing one or more child-victim oriented offenses,	7720
regardless of when the offense was committed and regardless of the	7721
person's age at the time of committing the offense.	7722

(2) "Habitual child-victim offender" includes a person who	7723
has been convicted of, pleaded guilty to, or adjudicated a	7724
delinquent child for committing, a child-victim oriented offense	7725
and who, on and after July 31, 2003, is automatically classified a	7726
habitual child-victim offender pursuant to division (E) of section	7727
2950.091 of the Revised Code.	7728

(U) "Child-victim predator" means a person to whom either of	7729
the following applies:	7730

(1) The person has been convicted of or pleaded guilty to	7731
committing a child-victim oriented offense and is likely to engage	7732
in the future in one or more child-victim oriented offenses.	7733

(2) The person has been adjudicated a delinquent child for	7734
committing a child-victim oriented offense, was fourteen years of	7735
age or older at the time of committing the offense, was classified	7736
a juvenile offender registrant based on that adjudication, and is	7737
likely to engage in the future in one or more child-victim	7738
oriented offenses.	7739

(V) An offender or delinquent child is "adjudicated as being	7740
a child-victim predator" or "adjudicated a child-victim predator"	7741
if any of the following applies and if, regarding a delinquent	7742
child, that status has not been removed pursuant to section	7743
2152.84, 2152.85, or 2950.09 of the Revised Code:	7744

(1) The offender or delinquent child has been convicted of,	7745
pleaded guilty to, or adjudicated a delinquent child for	7746
committing, a child-victim oriented offense and, on and after July	7747
31, 2003, is automatically classified a child-victim predator	7748
pursuant to division (A) of section 2950.091 of the Revised Code.	7749

(2) Regardless of when the child-victim oriented offense was	7750
committed, on or after July 31, 2003, the offender is sentenced	7751
for a child-victim oriented offense, and the sentencing judge	7752
determines pursuant to division (B) of section 2950.091 of the	7753
Revised Code that the offender is a child-victim predator.	7754

(3) The delinquent child is adjudicated a delinquent child	7755
for committing a child-victim oriented offense, was fourteen years	7756
of age or older at the time of committing the offense, and has	7757
been classified a juvenile offender registrant based on that	7758
adjudication, and the adjudicating judge or that judge's successor	7759
in office determines pursuant to division (B) of section 2950.09	7760
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	7761
the Revised Code that the delinquent child is a child-victim	7762
predator.	7763

(4) Prior to July 31, 2003, the offender was convicted of or	7764
pleaded guilty to a child-victim oriented offense, at the time of	7765
the conviction or guilty plea, the offense was considered a	7766
sexually oriented offense, on or after July 31, 2003, the offender	7767
is serving a term of imprisonment in a state correctional	7768
institution, and the court determines pursuant to division (C) of	7769
section 2950.091 of the Revised Code that the offender is a	7770
child-victim predator.	7771

(5) Regardless of when the child-victim oriented offense was	7772
committed, the offender or delinquent child is convicted, pleads	7773
guilty, has been convicted, pleaded guilty, or adjudicated a	7774
delinquent child in a court in another state, in a federal court,	7775
military court, or Indian tribal court, or in a court in any	7776
nation other than the United States for committing a child-victim	7777
oriented offense, as a result of that conviction, plea of guilty,	7778
or adjudication, the offender or delinquent child is required	7779
under the law of the jurisdiction in which the offender was	7780
convicted or pleaded guilty or the delinquent child was	7781
adjudicated, to register as a child-victim offender or sex	7782
offender until the offender's or delinquent child's death, and, on	7783
or after July 1, 1997, for offenders or January 1, 2002, for	7784
delinquent children the offender or delinquent child moves to and	7785
resides in this state or temporarily is domiciled in this state	7786
for more than five days or the offender is required under section	7787
2950.041 of the Revised Code to register a school, institution of	7788
higher education, or place of employment address in this state,	7789
unless a court of common pleas or juvenile court determines that	7790
the offender or delinquent child is not a child-victim predator	7791
pursuant to division (F) of section 2950.091 of the Revised Code.	7792

(W)(T) "Residential premises" means the building in which a	7793
residential unit is located and the grounds upon which that	7794
building stands, extending to the perimeter of the property.	7795
"Residential premises" includes any type of structure in which a	7796
residential unit is located, including, but not limited to,	7797
multi-unit buildings and mobile and manufactured homes.	7798

(X)(U) "Residential unit" means a dwelling unit for	7799
residential use and occupancy, and includes the structure or part	7800
of a structure that is used as a home, residence, or sleeping	7801
place by one person who maintains a household or two or more	7802
persons who maintain a common household. "Residential unit" does	7803
not include a halfway house or a community-based correctional	7804
facility.	7805

(Y)(V) "Multi-unit building" means a building in which is	7806
located more than twelve residential units that have entry doors	7807
that open directly into the unit from a hallway that is shared	7808
with one or more other units. A residential unit is not considered	7809
located in a multi-unit building if the unit does not have an	7810
entry door that opens directly into the unit from a hallway that	7811
is shared with one or more other units or if the unit is in a	7812
building that is not a multi-unit building as described in this	7813
division.	7814

(Z)(W) "Community control sanction" has the same meaning as	7815
in section 2929.01 of the Revised Code.	7816

(AA)(X) "Halfway house" and "community-based correctional	7817
facility" have the same meanings as in section 2929.01 of the	7818
Revised Code.	7819

(BB) "Adjudicated a sexually violent predator" has the same	7820
meaning as in section 2929.01 of the Revised Code, and a person is	7821
"adjudicated a sexually violent predator" in the same manner and	7822
the same circumstances as are described in that section.	7823

Sec. 2950.011.  Except as specifically provided to the	7824
contrary in sections 2950.02 to 2950.99 of the Revised Code, all	7825
references in any of those sections to "sexually oriented offense"	7826
include, in addition to the violations specified in division (A)	7827
of section 2950.01 of the Revised Code on and after January 1,	7828
2008, any sexually oriented offense, as that term was defined in	7829
section 2950.01 of the Revised Code prior to January 1, 2008, that	7830
was committed prior to that date and that was not a registration	7831
exempt sexually oriented offense, as that term was defined in that	7832
section prior to January 1, 2008.	7833

Except as specifically provided to the contrary in sections	7834
2950.02 to 2950.99 of the Revised Code, all references in any of	7835
those sections to "child-victim oriented offense" include, in	7836
addition to the violations specified in division (C) of section	7837
2950.01 of the Revised Code on and after January 1, 2008, any	7838
child-victim oriented offense, as that term was defined in section	7839
2950.01 of the Revised Code prior to January 1, 2008, that was	7840
committed prior to that date.	7841

Sec. 2950.02.  (A) The general assembly hereby determines and	7842
declares that it recognizes and finds all of the following:	7843

(1) If the public is provided adequate notice and information	7844
about offenders and delinquent children who commit sexually	7845
oriented offenses that are not registration-exempt sexually	7846
oriented offenses or who commit child-victim oriented offenses,	7847
members of the public and communities can develop constructive	7848
plans to prepare themselves and their children for the offender's	7849
or delinquent child's release from imprisonment, a prison term, or	7850
other confinement or detention. This allows members of the public	7851
and communities to meet with members of law enforcement agencies	7852
to prepare and obtain information about the rights and	7853
responsibilities of the public and the communities and to provide	7854
education and counseling to their children.	7855

(2) Sex offenders and offenders who commit child-victim	7856
oriented offensesoffenders pose a risk of engaging in further	7857
sexually abusive behavior even after being released from	7858
imprisonment, a prison term, or other confinement or detention,	7859
and protection of members of the public from sex offenders and	7860
offenders who commit child-victim oriented offensesoffenders is a	7861
paramount governmental interest.	7862

(3) The penal, juvenile, and mental health components of the	7863
justice system of this state are largely hidden from public view,	7864
and a lack of information from any component may result in the	7865
failure of the system to satisfy this paramount governmental	7866
interest of public safety described in division (A)(2) of this	7867
section.	7868

(4) Overly restrictive confidentiality and liability laws	7869
governing the release of information about sex offenders and	7870
offenders who commit child-victim oriented offensesoffenders have	7871
reduced the willingness to release information that could be	7872
appropriately released under the public disclosure laws and have	7873
increased risks of public safety.	7874

(5) A person who is found to be a sex offender or to have	7875
committed a child-victim oriented offenseoffender has a reduced	7876
expectation of privacy because of the public's interest in public	7877
safety and in the effective operation of government.	7878

(6) The release of information about sex offenders and	7879
offenders who commit child-victim oriented offensesoffenders to	7880
public agencies and the general public will further the	7881
governmental interests of public safety and public scrutiny of the	7882
criminal, juvenile, and mental health systems as long as the	7883
information released is rationally related to the furtherance of	7884
those goals.	7885

(B) The general assembly hereby declares that, in providing	7886
in this chapter for registration regarding offenders and certain	7887
delinquent children who have committed sexually oriented offenses	7888
that are not registration-exempt sexually oriented offenses or who	7889
have committed child-victim oriented offenses and for community	7890
notification regarding sexual predators, child-victim predators,	7891
habitual sex offenders, and habitual child-victim offenderstier	7892
III sex offenders/child-victim offenders who are criminal	7893
offenders, public registry-qualified juvenile offender	7894
registrants, and certain other juvenile offender registrants who	7895
are about to be or have been released from imprisonment, a prison	7896
term, or other confinement or detention and who will live in or	7897
near a particular neighborhood or who otherwise will live in or	7898
near a particular neighborhood, it is the general assembly's	7899
intent to protect the safety and general welfare of the people of	7900
this state. The general assembly further declares that it is the	7901
policy of this state to require the exchange in accordance with	7902
this chapter of relevant information about sex offenders and	7903
offenders who commit child-victim oriented offensesoffenders	7904
among public agencies and officials and to authorize the release	7905
in accordance with this chapter of necessary and relevant	7906
information about sex offenders and offenders who commit	7907
child-victim oriented offensesoffenders to members of the general	7908
public as a means of assuring public protection and that the	7909
exchange or release of that information is not punitive.	7910

Sec. 2950.03. (A) Each person who has been convicted of, is	7911
convicted of, has pleaded guilty to, or pleads guilty to a	7912
sexually oriented offense that is not a registration-exempt	7913
sexuallyor a child-victim oriented offense and who has a duty to	7914
register pursuant to section 2950.04 or 2950.041 of the Revised	7915
Code,and each person who is adjudicated a delinquent child for	7916
committing a sexually oriented offense that is not a	7917
registration-exempt sexually oriented offenseor a child-victim	7918
oriented offense and who is classified a juvenile offender	7919
registrant based on that adjudication, each person who has been	7920
convicted of, is convicted of, has pleaded guilty to, or pleads	7921
guilty to a child-victim oriented offense and has a duty to	7922
register pursuant to section 2950.041 of the Revised Code, and	7923
each person who is adjudicated a delinquent child for committing a	7924
child-victim oriented offense and who is classified a juvenile	7925
offender registrant based on that adjudication shall be provided	7926
notice in accordance with this section of the offender's or	7927
delinquent child's duties imposed under sections 2950.04,	7928
2950.041, 2950.05, and 2950.06 of the Revised Code and of the	7929
offender's duties to similarly register, provide notice of a	7930
change, and verify addresses in another state if the offender	7931
resides, is temporarily domiciled, attends a school or institution	7932
of higher education, or is employed in a state other than this	7933
state. A person who has been convicted of, is convicted of, has	7934
pleaded guilty to, or pleads guilty to a sexually oriented offense	7935
that is a registration-exempt sexually oriented offense, and a	7936
person who is or has been adjudicated a delinquent child for	7937
committing a sexually oriented offense that is a	7938
registration-exempt sexually oriented offense, does not have a	7939
duty to register under section 2950.04 of the Revised Code based	7940
on that conviction, guilty plea, or adjudication, and no notice is	7941
required to be provided to that person under this division based	7942
on that conviction, guilty plea, or adjudication. The following	7943
official shall provide the notice required under this division to	7944
the specified person at the following time:	7945

(1) Regardless of when the person committed the sexually	7946
oriented offense or child-victim oriented offense, if the person	7947
is an offender who is sentenced for the sexually oriented offense	7948
or child-victim oriented offense to a prison term, a term of	7949
imprisonment, or any other type of confinement for any offense,	7950
and if, on or after January 1, 19972008, the offender is serving	7951
that term or is under that confinement, subject to division	7952
(A)(5) of this section, the official in charge of the jail,	7953
workhouse, state correctional institution, or other institution	7954
in which the offender serves the prison term, term of	7955
imprisonment, or confinement, or a designee of that official,	7956
shall provide the notice to the offender before the offender is	7957
released pursuant to any type of supervised release or before the	7958
offender otherwise is released from the prison term, term of	7959
imprisonment, or confinement. This division applies to a	7960
child-victim oriented offense if the offender is sentenced for	7961
the offense on or after July 31, 2003, or if, prior to July 31,	7962
2003, the child-victim oriented offense was a sexually oriented	7963
offense and the offender was sentenced as described in this	7964
division for the child-victim oriented offense when it was	7965
designated a sexually oriented offense. If a person was provided	7966
notice under this division prior to July 31, 2003, in relation to	7967
an offense that, prior to July 31, 2003, was a sexually oriented	7968
offense but that, on and after July 31, 2003, is a child-victim	7969
oriented offense, the notice provided under this division shall	7970
suffice for purposes of this section as notice to the offender of	7971
the offender's duties under sections 2950.041, 2950.05, and	7972
2950.06 of the Revised Code imposed as a result of the conviction	7973
of or plea of guilty to the child-victim oriented offense.	7974

(2) Regardless of when the person committed the sexually	7975
oriented offense or child-victim oriented offense, if the person	7976
is an offender who is sentenced for the sexually oriented offense	7977
on or after January 1, 1997, or who is sentenced for the	7978
child-victim oriented offense on or after July 31, 2003January	7979
1, 2008 for any offense, and if division (A)(1) of this section	7980
does not apply, the judge shall provide the notice to the	7981
offender at the time of sentencing. If a person was provided	7982
notice under this division prior to July 31, 2003, in relation to	7983
an offense that, prior to July 31, 2003,, was a sexually oriented	7984
offense but that, on and after July 31, 2003,, is a child-victim	7985
oriented offense, the notice so provided under this division shall	7986
suffice for purposes of this section as notice to the offender of	7987
the offender's duties under sections 2950.041, 2950.05, and	7988
2950.06 of the Revised Code imposed as a result of the conviction	7989
of or plea of guilty to the child-victim oriented offense.	7990

(3) If the person is an offender who committed the sexually	7991
oriented offense prior to January 1, 1997, if neither division	7992
(A)(1) nor division (A)(2) of this section applies, and if,	7993
immediately prior to January 1, 1997, the offender was a habitual	7994
sex offender who was required to register under Chapter 2950. of	7995
the Revised Code, the chief of police or sheriff with whom the	7996
offender most recently registered under that chapter, in the	7997
circumstances described in this division, shall provide the notice	7998
to the offender. If the offender has registered with a chief of	7999
police or sheriff under Chapter 2950. of the Revised Code as it	8000
existed prior to January 1, 1997, the chief of police or sheriff	8001
with whom the offender most recently registered shall provide the	8002
notice to the offender as soon as possible after January 1, 1997,	8003
as described in division (B)(1) of this section. If the offender	8004
has not registered with a chief of police or sheriff under that	8005
chapter, the failure to register shall constitute a waiver by the	8006
offender of any right to notice under this section. If an offender	8007
described in this division does not receive notice under this	8008
section, the offender is not relieved of the offender's duties	8009
imposed under sections 2950.04, 2950.05, and 2950.06 of the	8010
Revised Code.	8011

(4) If neither division (A)(1), (2), nor (3) of this section	8012
applies and if the offender is adjudicated a sexual predator	8013
pursuant to division (C) of section 2950.09 of the Revised Code or	8014
a child-victim predator pursuant to division (C) of section	8015
2950.091 of the Revised Code, the judge shall provide the notice	8016
to the offender at the time of adjudication.	8017

(5) If the person is a delinquent child who is classified a	8018
juvenile offender registrant on or after January 1, 2008, the	8019
judge shall provide the notice to the delinquent child at the time	8020
specified in division (B) of section 2152.82, division (D)(C) of	8021
section 2152.83, division (C) of section 2152.84, or division (E)	8022
of section 2152.85 of the Revised Code, whichever is applicable.	8023
If a delinquent child was provided notice under this division	8024
prior to July 31, 2003, in relation to an offense that, prior to	8025
July 31, 2003, was a sexually oriented offense but that, on and	8026
after July 31, 2003, is a child-victim oriented offense, the	8027
notice so provided under this division shall suffice for purposes	8028
of this section as notice to the delinquent child of the	8029
delinquent child's duties under sections 2950.041, 2950.05, and	8030
2950.06 of the Revised Code imposed as a result of the	8031
adjudication as a delinquent child for the child-victim oriented	8032
offense.	8033

(6) If the person is an offender in any category described in	8034
division (A)(1), (2), (3), or (4) of this section and if, prior to	8035
July 31, 2003, the offender was provided notice of the offender's	8036
duties in accordance with that division, not later than ninety	8037
days after July 31, 2003, the sheriff with whom the offender most	8038
recently registered or verified an address under section 2950.04,	8039
2950.041, 2950.05, or 2950.06 of the Revised Code shall provide	8040
notice to the offender of the offender's duties imposed on and	8041
after July 31, 2003, pursuant to any of those sections to register	8042
a school, institution of higher education, or place of employment	8043
address, provide notice of a change of that address, and verify	8044
that address. The sheriff may provide the notice to the offender	8045
at the time the offender registers, provides notice of a change	8046
in, or verifies a residence, school, institution of higher	8047
education, or place of employment address under any of those	8048
sections within the specified ninety-day period. If the offender	8049
does not so register, provide notice of a change in, or verify an	8050
address within the specified ninety-day period, the sheriff shall	8051
provide the notice to the offender by sending it to the offender	8052
at the most recent residence address available for the offender.	8053
If the offender was required to register prior to July 31, 2003,	8054
and failed to do so, the failure to register constitutes a waiver	8055
by the offender of any right to notice under this division. If the	8056
offender has not registered prior to July 31, 2003, the offender	8057
is presumed to have knowledge of the law and of the duties	8058
referred to in this division that are imposed on and after July	8059
31, 2003. If an offender does not receive notice under this	8060
division, the offender is not relieved of any of the duties	8061
described in this division.	8062

(4) If the person is a delinquent child who is classified as	8063
both a juvenile offender registrant and a public	8064
registry-qualified juvenile offender registrant on or after	8065
January 1, 2008, the judge shall provide the notice to the	8066
delinquent child at the time specified in division (B) of section	8067
2152.86 of the Revised Code.	8068

(5) If the person is an offender or delinquent child in any	8069
of the following categories, the attorney general, department of	8070
rehabilitation and correction, or department of youth services	8071
shall provide the notice to the offender or delinquent child at	8072
the time and in the manner specified in section 2950.031 or	8073
division (A) or (B) of section 2950.032 of the Revised Code,	8074
whichever is applicable:	8075

(a) An offender or delinquent child who prior to December 1,	8076
2007, has registered a residence, school, institution of higher	8077
education, or place of employment address pursuant to section	8078
2950.04, 2950.041, or 2950.05 of the Revised Code;	8079

(b) An offender or delinquent child who registers with a	8080
sheriff pursuant to section 2950.04 or 2950.041 of the Revised	8081
Code on or after December 1, 2007, previously had not registered	8082
under either section with that sheriff or any other sheriff, and	8083
was convicted of, pleaded guilty to, or was classified a juvenile	8084
offender registrant relative to the sexually oriented offense or	8085
child-victim oriented offense upon which the registration was	8086
based prior to December 1, 2007;	8087

(c) An offender who on December 1, 2007, is serving a prison	8088
term in a state correctional institution for a sexually oriented	8089
offense or child-victim oriented offense or each delinquent child	8090
who has been classified a juvenile offender registrant relative to	8091
a sexually oriented offense or child-victim oriented offense and	8092
who on that date is confined in an institution of the department	8093
of youth services for the sexually oriented offense or	8094
child-victim oriented offense;	8095

(d) An offender or delinquent child who on or after December	8096
2, 2007, commences a prison term in a state correctional	8097
institution or confinement in an institution of the department of	8098
youth services for a sexually oriented offense or child-victim	8099
oriented offense and who was convicted of, pleaded guilty to, or	8100
was classified a juvenile offender registrant relative to the	8101
sexually oriented offense or child-victim oriented offense prior	8102
to that date.	8103

(6) If the person is an offender or delinquent child who on	8104
or after July 1, 2007, and prior to January 1, 2008, is convicted	8105
of or pleads guilty to a sexually oriented offense or a	8106
child-victim oriented offense and is not sentenced to a prison	8107
term for that offense or is classified a juvenile offender	8108
registrant relative to a sexually oriented offense or child-victim	8109
oriented offense and is not committed to the custody of the	8110
department of youth services for that offense, the sentencing	8111
court or juvenile court shall provide the notice to the offender	8112
or delinquent child at the time and in the manner specified in	8113
division (C) of section 2950.032 of the Revised Code.	8114

(7) If the person is an offender or delinquent child who has	8115
a duty to register in this state pursuant to division (A)(3)(4) of	8116
section 2950.04 or 2950.041 of the Revised Code, the offender or	8117
delinquent child is presumed to have knowledge of the law and of	8118
the offender's or delinquent child's duties imposed under sections	8119
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.	8120

(B)(1) The notice provided under division (A) of this section	8121
shall inform the offender or delinquent child of the offender's or	8122
delinquent child's duty to register, to provide notice of a change	8123
in the offender's or delinquent child's residence address or in	8124
the offender's school, institution of higher education, or place	8125
of employment address, as applicable, and register the new	8126
address, to periodically verify the offender's or delinquent	8127
child's residence address or the offender's school, institution of	8128
higher education, or place of employment address, as applicable,	8129
and, if applicable, to provide notice of the offender's or	8130
delinquent child's intent to reside, pursuant to sections 2950.04,	8131
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice	8132
shall specify that, for an offender, it applies regarding	8133
residence addresses or school, institution of higher education,	8134
and place of employment addresses and that, for a delinquent	8135
child, it applies regarding residence addresses. Additionally, it	8136
shall inform the offender of the offender's duties to similarly	8137
register, provide notice of a change in, and verify those	8138
addresses in states other than this state as described in division	8139
(A) of this section. A notice provided under division (A)(6) of	8140
this section shall state the new duties imposed on the offender on	8141
and after July 31, 2003, to register, provide notice of a change	8142
in, and periodically verify, a school, institution of higher	8143
education, or place of employment address and specify that the new	8144
duties are in addition to the prior duties imposed upon the	8145
offender. A notice provided under division (A)(1), (2), (3), or	8146
(4), or (5) of this section shall comport with the following:	8147

(a) If the notice is provided to an offender under division	8148
(A)(3) of this section, the notice shall state the offender's	8149
duties to register, to file a notice of intent to reside, if	8150
applicable, to register a new residence address or new school,	8151
institution of higher education, or place of employment address,	8152
and to periodically verify those addresses, the offender's duties	8153
in other states as described in division (A) of this section, and	8154
that, if the offender has any questions concerning these duties,	8155
the offender may contact the chief of police or sheriff who sent	8156
the form for an explanation of the duties. If the offender appears	8157
in person before the chief of police or sheriff, the chief or	8158
sheriff shall provide the notice as described in division	8159
(B)(1)(a) of this section, and all provisions of this section that	8160
apply regarding a notice provided by an official, official's	8161
designee, or judge in that manner shall be applicable.	8162

(b) If the notice is provided to an offender under division	8163
(A)(1),or (2), or (4) of this section, the official, official's	8164
designee, or judge shall require the offender to read and sign a	8165
form stating that the offender's duties to register, to file a	8166
notice of intent to reside, if applicable, to register a new	8167
residence address or new school, institution of higher education,	8168
or place of employment address, and to periodically verify those	8169
addresses, and the offender's duties in other states as described	8170
in division (A) of this section have been explained to the	8171
offender. If the offender is unable to read, the official,	8172
official's designee, or judge shall certify on the form that the	8173
official, designee, or judge specifically informed the offender of	8174
those duties and that the offender indicated an understanding of	8175
those duties.	8176

(c)(b) If the notice is provided to a delinquent child under	8177
division (A)(5)(3) or (4) of this section, the judge shall require	8178
the delinquent child and the delinquent child's parent, guardian,	8179
or custodian to read and sign a form stating that the delinquent	8180
child's duties to register, to file a notice of intent to reside,	8181
if applicable, to register a new residence address, and to	8182
periodically verify that address have been explained to the	8183
delinquent child and to the delinquent child's parent, guardian,	8184
or custodian. If the delinquent child or the delinquent child's	8185
parent, guardian, or custodian is unable to read, the judge shall	8186
certify on the form that the judge specifically informed the	8187
delinquent child or the delinquent child's parent, guardian, or	8188
custodian of those duties and that the delinquent child or the	8189
delinquent child's parent, guardian, or custodian indicated an	8190
understanding of those duties.	8191

(2) The notice provided under divisions (A)(1) to (6)(4) of	8192
this section shall be on a form prescribed by the bureau of	8193
criminal identification and investigation and shall contain all of	8194
the information specified in division (A) of this section and all	8195
of the information required by the bureau. The notice provided	8196
under divisions (A)(1) to (5)(4) of this section shall include,	8197
but is not limited to, all of the following:	8198

(a) For any notice provided under divisiondivisions (A)(1)	8199
to (5)(4) of this section, a statement as to whether the offender	8200
or delinquent child has been adjudicated a sexual predator or a	8201
child-victim predator relative to the sexually oriented offense or	8202
child-victim oriented offense in question, a statement as to	8203
whether the offender or delinquent child has been determined to be	8204
a habitual sex offender or habitual child-victim offender, a	8205
statement as to whether the offense for which the offender has the	8206
duty to register is an aggravated sexually oriented offense, an	8207
explanation of the offender's periodic residence address or	8208
periodic school, institution of higher education, or place of	8209
employment address verification process or of the delinquent	8210
child's periodic residence address verification process, an	8211
explanation of the frequency with which the offender or delinquent	8212
child will be required to verify those addresses under that	8213
process, a statement that the offender or delinquent child must	8214
verify those addresses at the times specified under that process	8215
or face criminal prosecution or a delinquent child proceeding, and	8216
an explanation of the offender's duty to similarly register,	8217
verify, and reregister those addresses in another state if the	8218
offender resides in another state, attends a school or institution	8219
of higher education in another state, or is employed in another	8220
state.	8221

(b) If the notice is provided under division (A)(4) of this	8222
section, a statement that the notice replaces any notice	8223
previously provided to the offender under division (A)(1) of this	8224
section, a statement that the offender's duties described in this	8225
notice supersede the duties described in the prior notice, and a	8226
statement notifying the offender that, if the offender already has	8227
registered under section 2950.04 or 2950.041 of the Revised Code,	8228
the offender must register again pursuant to division (A)(6) of	8229
that section;	8230

(c) If the notice is provided under division (A)(5)(3) or (4)	8231
of this section, a statement that the delinquent child has been	8232
classified by the adjudicating juvenile court judge or the judge's	8233
successor in office a juvenile offender registrant and, if	8234
applicable, a public-registry qualified juvenile offender	8235
registrant and has a duty to comply with sections 2950.04,	8236
2950.041, 2950.05, and 2950.06 of the Revised Code;	8237

(d)(c) If the notice is provided under division (A)(5)(3) or	8238
(4) of this section, a statement that, if the delinquent child	8239
fails to comply with the requirements of sections 2950.04,	8240
2950.041, 2950.05, and 2950.06 of the Revised Code, both of the	8241
following apply:	8242

(i) If the delinquent child's failure occurs while the child	8243
is under eighteen years of age, the child is subject to	8244
proceedings under Chapter 2152. of the Revised Code based on the	8245
failure, but if the failure occurs while the child is eighteen	8246
years of age or older, the child is subject to criminal	8247
prosecution based on the failure.	8248

(ii) If the delinquent child's failure occurs while the child	8249
is under eighteen years of age, unless the child is emancipated,	8250
as defined in section 2919.121 of the Revised Code, the failure of	8251
the parent, guardian, or custodian to ensure that the child	8252
complies with those requirements is a violation of section 2919.24	8253
of the Revised Code and may result in the prosecution of the	8254
parent, guardian, or custodian for that violation.	8255

(3)(a) After an offender described in division (A)(1),or	8256
(2), or (4) of this section has signed the form described in	8257
divisions (B)(1) and (2) of this section or the official,	8258
official's designee, or judge has certified on the form that the	8259
form has been explained to the offender and that the offender	8260
indicated an understanding of the duties indicated on it, the	8261
official, official's designee, or judge shall give one copy of the	8262
form to the offender, within three days shall send one copy of the	8263
form to the bureau of criminal identification and investigation in	8264
accordance with the procedures adopted pursuant to section 2950.13	8265
of the Revised Code, and shall send one copy of the form to the	8266
sheriff of the county in which the offender expects to reside, and	8267
shall send one copy of the form to the sheriff of the county in	8268
which the offender was convicted or pleaded guilty if the offender	8269
has a duty to register pursuant to division (A)(1) of section	8270
2950.04 or 2950.041 of the Revised Code.	8271

(b) After a chief of police or sheriff has sent a form to an	8272
offender under division (A)(3) of this section, the chief or	8273
sheriff shall send a copy of the form to the bureau of criminal	8274
identification and investigation in accordance with the procedures	8275
adopted pursuant to section 2950.13 of the Revised Code.	8276

(c) After a delinquent child described in division (A)(5)(3)	8277
or (4) of this section and the delinquent child's parent,	8278
guardian, or custodian have signed the form described in divisions	8279
(B)(1) and (2) of this section or the judge has certified on the	8280
form that the form has been explained to the delinquent child or	8281
the delinquent child's parent, guardian, or custodian and that the	8282
delinquent child or the delinquent child's parent, guardian, or	8283
custodian indicated an understanding of the duties and information	8284
indicated on the form, the judge shall give a copy of the form to	8285
both the delinquent child and to the delinquent child's parent,	8286
guardian, or custodian, within three days shall send one copy of	8287
the form to the bureau of criminal identification and	8288
investigation in accordance with the procedures adopted pursuant	8289
to section 2950.13 of the Revised Code, and shall send one copy of	8290
the form to the sheriff of the county in which the delinquent	8291
child expects to reside, and shall send one copy of the form to	8292
the sheriff of the county in which the child was adjudicated a	8293
delinquent child if the delinquent child has a duty to register	8294
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the	8295
Revised Code.	8296

(C) The official, official's designee, judge, chief of	8297
police, or sheriff who is required to provide notice to an	8298
offender or delinquent child under divisions (A)(1) to (5)(4) of	8299
this section shall do all of the following:	8300

(1) If the notice is provided under division (A)(1), (2),	8301
(4), or (5) of this section, the official, designee, or judge	8302
shall determine the offender's or delinquent child's name,	8303
identifying factors, and expected future residence address in this	8304
state or any other state, shall obtain the offender's or	8305
delinquent child's criminal and delinquency history, and shall	8306
obtain a photograph and the fingerprints of the offender or	8307
delinquent child. Regarding an offender, the official, designee,	8308
or judge also shall obtain from the offender the offender's	8309
current or expected future school, institution of higher	8310
education, or place of employment address in this state, if any.	8311
If the notice is provided by a judge under division (A)(2),	8312
(4)(3), or (5)(4) of this section, the sheriff shall provide the	8313
offender's or delinquent child's criminal and delinquency history	8314
to the judge. The official, official's designee, or judge shall	8315
obtain this information and these items prior to giving the	8316
notice, except that a judge may give the notice prior to obtaining	8317
the offender's or delinquent child's criminal and delinquency	8318
history. Within three days after receiving this information and	8319
these items, the official, official's designee, or judge shall	8320
forward the information and items to the bureau of criminal	8321
identification and investigation in accordance with the forwarding	8322
procedures adopted pursuant to section 2950.13 of the Revised	8323
Code, to the sheriff of the county in which the offender or	8324
delinquent child expects to reside and to the sheriff of the	8325
county in which the offender or delinquent child was convicted,	8326
pleaded guilty, or adjudicated a delinquent child if the offender	8327
or delinquent child has a duty to register pursuant to division	8328
(A)(1) of section 2950.04 or 2950.041 of the Revised Code, and,	8329
regarding an offender, to the sheriff of the county, if any, in	8330
which the offender attends or will attend a school or institution	8331
of higher education or is or will be employed. If the notice is	8332
provided under division (A)(5)(3) or (4) of this section and if	8333
the delinquent child has been committed to the department of youth	8334
services or to a secure facility, the judge, in addition to the	8335
other information and items described in this division, also shall	8336
forward to the bureau and to the sheriff notification that the	8337
child has been so committed. If it has not already done so, the	8338
bureau of criminal identification and investigation shall forward	8339
a copy of the fingerprints and conviction data received under this	8340
division to the federal bureau of investigation.	8341

(2) If the notice is provided under division (A)(3) of this	8342
section, the chief of police or sheriff shall determine the	8343
offender's name, identifying factors, and residence address in	8344
this state or any other state, shall obtain the offender's	8345
criminal history from the bureau of criminal identification and	8346
investigation, and, to the extent possible, shall obtain a	8347
photograph and the fingerprints of the offender. Regarding an	8348
offender, the chief or sheriff also shall obtain from the offender	8349
the offender's current or expected future school, institution of	8350
higher education, or place of employment address in this state, if	8351
any. Within three days after receiving this information and these	8352
items, the chief or sheriff shall forward the information and	8353
items to the bureau of criminal identification and investigation	8354
in accordance with the forwarding procedures adopted pursuant to	8355
section 2950.13 of the Revised Code and, in relation to a chief of	8356
police, to the sheriff of the county in which the offender	8357
resides, and, regarding an offender, to the sheriff of the county,	8358
if any, in which the offender attends or will attend a school or	8359
institution of higher education or is or will be employed. If it	8360
has not already done so, the bureau of criminal identification and	8361
investigation shall forward a copy of the fingerprints and	8362
conviction data so received to the federal bureau of	8363
investigation.	8364

Sec. 2950.031.  (A)(1) At any time on or after July 1, 2007,	8365
and not later than December 1, 2007, the attorney general shall	8366
determine for each offender or delinquent child who prior to	8367
December 1, 2007, has registered a residence, school, institution	8368
of higher education, or place of employment address pursuant to	8369
section 2950.04, 2950.041, or 2950.05 of the Revised Code the	8370
offender's or delinquent child's new classification as a tier I	8371
sex offender/child-victim offender, a tier II sex	8372
offender/child-victim offender, or a tier III sex	8373
offender/child-victim offender under Chapter 2950. of the Revised	8374
Code as it will exist under the changes that will be implemented	8375
on January 1, 2008, the offender's or delinquent child's duties	8376
under Chapter 2950. of the Revised Code as so changed, and,	8377
regarding a delinquent child, whether the child is a public	8378
registry-qualified juvenile offender registrant.	8379

(2) At any time on or after July 1, 2007, and not later than	8380
December 1, 2007, the attorney general shall send to each offender	8381
or delinquent child who prior to December 1, 2007, has registered	8382
a residence, school, institution of higher education, or place of	8383
employment address pursuant to section 2950.04, 2950.041, or	8384
2950.05 of the Revised Code a registered letter that contains the	8385
information described in this division. The registered letter	8386
shall be sent return receipt requested to the last reported	8387
address of the person and, if the person is a delinquent child,	8388
the last reported address of the parents of the delinquent child.	8389
The letter sent to an offender or to a delinquent child and the	8390
delinquent child's parents pursuant to this division shall notify	8391
the offender or the delinquent child and the delinquent child's	8392
parents of all of the following:	8393

(a) The changes in Chapter 2950. of the Revised Code that	8394
will be implemented on January 1, 2008;	8395

(b) Subject to division (A)(2)(c) of this section, the	8396
offender's or delinquent child's new classification as a tier I	8397
sex offender/child-victim offender, a tier II sex	8398
offender/child-victim offender, or a tier III sex	8399
offender/child-victim offender under Chapter 2950. of the Revised	8400
Code as it will exist under the changes that will be implemented	8401
on January 1, 2008, the offender's or delinquent child's duties	8402
under Chapter 2950. of the Revised Code as so changed and the	8403
duration of those duties, whether the delinquent child is	8404
classified a public registry-qualified juvenile offender	8405
registrant, and the information specified in division (B) of	8406
section 2950.03 of the Revised Code to the extent it is relevant	8407
to the offender or delinquent child;	8408

(c) The fact that the offender or delinquent child has a	8409
right to a hearing as described in division (E) of this section,	8410
the procedures for requesting the hearing, and the period of time	8411
within which the request for the hearing must be made.	8412

(d) If the offender's or delinquent child's duty to comply	8413
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	8414
Revised Code is scheduled to terminate on or after July 1, 2007,	8415
and prior to January 1, 2008, under the version of section 2950.07	8416
of the Revised Code that is in effect prior to January 1, 2008, a	8417
summary of the provisions of section 2950.033 of the Revised Code	8418
and the application of those provisions to the offender or	8419
delinquent child, provided that this division applies to a	8420
delinquent child only if the child is in a category specified in	8421
division (C) of section 2950.033 of the Revised Code.	8422

(3) The attorney general shall make the determinations	8423
described in division (A)(1) of this section for each offender or	8424
delinquent child who has registered an address as described in	8425
that division, even if the offender's duty to comply with sections	8426
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is	8427
scheduled to terminate prior to January 1, 2008, under the version	8428
of section 2950.07 of the Revised Code that is in effect prior to	8429
that date or the delinquent child is in a category specified in	8430
division (C) of section 2950.033 of the Revised Code and the	8431
child's duty to comply with those sections is scheduled to	8432
terminate prior to January 1, 2008, under the version of section	8433
2950.07 of the Revised Code that is in effect prior to that date.	8434
The attorney general shall send the registered letter described in	8435
division (A)(2) of this section to each offender or delinquent	8436
child who has registered an address as described in that division	8437
even if the offender's duty to comply with sections 2950.04,	8438
2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to	8439
terminate prior to January 1, 2008, under the version of section	8440
2950.07 of the Revised Code that is in effect prior to that date,	8441
or the delinquent child is in a category specified in division (C)	8442
of section 2950.033 of the Revised Code, and the child's duty to	8443
comply with those sections is scheduled to terminate prior to	8444
January 1, 2008, under the version of section 2950.07 of the	8445
Revised Code that is in effect prior to that date. Section	8446
2950.033 of the Revised Code applies to any offender who has	8447
registered an address as described in division (A)(1) or (2) of	8448
this section and whose duty to comply with sections 2950.04,	8449
2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to	8450
terminate prior to January 1, 2008, under the version of section	8451
2950.07 of the Revised Code that is in effect prior to that date,	8452
or the delinquent child is in a category specified in division (C)	8453
of section 2950.033 of the Revised Code, and the child's duty to	8454
comply with those sections is scheduled to terminate prior to	8455
January 1, 2008, under the version of section 2950.07 of the	8456
Revised Code that is in effect prior to that date.	8457

(B) If a sheriff informs the attorney general pursuant to	8458
section 2950.043 of the Revised Code that an offender or	8459
delinquent child registered with the sheriff pursuant to section	8460
2950.04 or 2950.041 of the Revised Code on or after December 1,	8461
2007, that the offender or delinquent child previously had not	8462
registered under either section with that sheriff or any other	8463
sheriff, and that the offender or delinquent child was convicted	8464
of, pleaded guilty to, or was classified a juvenile offender	8465
registrant relative to the sexually oriented offense or	8466
child-victim oriented offense upon which the registration was	8467
based prior to December 1, 2007, within fourteen days after being	8468
so informed of the registration and receiving the information and	8469
material specified in division (D) of that section, the attorney	8470
general shall determine for the offender or delinquent child all	8471
of the matters specified in division (A)(1) of this section. Upon	8472
making the determinations, the attorney general immediately shall	8473
send to the offender or to the delinquent child and the delinquent	8474
child's parents a registered letter pursuant to division (A)(2) of	8475
this section that contains the information specified in that	8476
division.	8477

(C) The attorney general shall maintain the return receipts	8478
for all offenders, delinquent children, and parents of delinquent	8479
children who are sent a registered letter under division (A) or	8480
(B) of this section. For each offender, delinquent child, and	8481
parents of a delinquent child, the attorney general shall send a	8482
copy of the return receipt for the offender, delinquent child, or	8483
parents to the sheriff with whom the offender or delinquent child	8484
most recently registered a residence address and, if applicable, a	8485
school, institution of higher education, or place of employment	8486
address and to the prosecutor who handled the case in which the	8487
offender or delinquent child was convicted of, pleaded guilty to,	8488
or was adjudicated a delinquent child for committing the sexually	8489
oriented offense or child-victim oriented offense that resulted in	8490
the offender's or child's registration duty under section 2950.04	8491
or 2950.041 of the Revised Code. If a return receipt indicates	8492
that the offender, delinquent child, or parents of a delinquent	8493
child to whom the registered letter was sent does not reside or	8494
have temporary domicile at the listed address, the attorney	8495
general immediately shall provide notice of that fact to the	8496
sheriff with whom the offender or delinquent child registered that	8497
residence address.	8498

(D) The attorney general shall mail to each sheriff a list of	8499
all offenders and delinquent children who have registered a	8500
residence address or a school, institution of higher education, or	8501
place of employment address with that sheriff and to whom a	8502
registered letter is sent under division (A) or (B) of this	8503
section. The list shall specify the offender's or delinquent	8504
child's new classification as a tier I sex offender/child-victim	8505
offender, a tier II sex offender/child-victim offender, or a tier	8506
III sex offender/child-victim offender under Chapter 2950. of the	8507
Revised Code as it will exist under the changes that will be	8508
implemented on January 1, 2008, the offender's or delinquent	8509
child's duties under Chapter 2950. of the Revised Code as so	8510
changed, and, regarding a delinquent child, whether the child is a	8511
public registry-qualified juvenile offender registrant.	8512

(E) An offender or delinquent child who is in a category	8513
described in division (A)(2) or (B) of this section may request as	8514
a matter of right a court hearing to contest the application to	8515
the offender or delinquent child of the new registration	8516
requirements under Chapter 2950. of the Revised Code as it will	8517
exist under the changes that will be implemented on January 1,	8518
2008. The offender or delinquent child may contest the manner in	8519
which the letter sent to the offender or delinquent child pursuant	8520
to division (A) or (B) of this section specifies that the new	8521
registration requirements apply to the offender or delinquent	8522
child or may contest whether those new registration requirements	8523
apply at all to the offender or delinquent child. To request the	8524
hearing, the offender or delinquent child not later than the date	8525
that is sixty days after the offender or delinquent child	8526
received the registered letter sent by the attorney general	8527
pursuant to division (A)(2) of this section shall file a petition	8528
with the court specified in this division. If the offender or	8529
delinquent child resides in or is temporarily domiciled in this	8530
state and requests a hearing, the offender or delinquent child	8531
shall file the petition with, and the hearing shall be held in,	8532
the court of common pleas or, for a delinquent child, the	8533
juvenile court of the county in which the offender or delinquent	8534
child resides or temporarily is domiciled. If the offender does	8535
not reside in and is not temporarily domiciled in this state, the	8536
offender or delinquent child shall file the petition with, and	8537
the hearing shall be held in, the court of common pleas of the	8538
county in which the offender registered a school, institution of	8539
higher education, or place of employment address, but if the	8540
offender has registered addresses of that nature in more than one	8541
county, the offender may file such a petition in the court of	8542
only one of those counties.	8543

If the offender or delinquent child requests a hearing by	8544
timely filing a petition with the appropriate court, the offender	8545
or delinquent child shall serve a copy of the petition on the	8546
prosecutor of the county in which the petition is filed. The	8547
prosecutor shall represent the interests of the state in the	8548
hearing. In any hearing under this division, the Rules of Civil	8549
Procedure or, if the hearing is in a juvenile court, the Rules of	8550
Juvenile Procedure apply, except to the extent that those Rules	8551
would by their nature be clearly inapplicable. The court shall	8552
schedule a hearing, and shall provide notice to the offender or	8553
delinquent child and prosecutor of the date, time, and place of	8554
the hearing.	8555

If an offender or delinquent child requests a hearing in	8556
accordance with this division, until the court issues its decision	8557
at or subsequent to the hearing, the offender or delinquent child	8558
shall comply prior to January 1, 2008, with Chapter 2950. of the	8559
Revised Code as it exists prior to that date and shall comply on	8560
and after January 1, 2008, with Chapter 2950. of the Revised Code	8561
as it will exist under the changes that will be implemented on	8562
that date. If an offender or delinquent child requests a hearing	8563
in accordance with this division, at the hearing, all parties are	8564
entitled to be heard, and the court shall consider all relevant	8565
information and testimony presented relative to the application to	8566
the offender or delinquent child of the new registration	8567
requirements under Chapter 2950. of the Revised Code as it will	8568
exist under the changes that will be implemented on January 1,	8569
2008. If, at the conclusion of the hearing, the court finds that	8570
the offender or delinquent child has proven by clear and	8571
convincing evidence that the new registration requirements do not	8572
apply to the offender or delinquent child in the manner specified	8573
in the letter sent to the offender or delinquent child pursuant to	8574
division (A) or (B) of this section, the court shall issue an	8575
order that specifies the manner in which the court has determined	8576
that the new registration requirements do apply to the offender	8577
or delinquent child. If at the conclusion of the hearing the	8578
court finds that the offender or delinquent child has proven by	8579
clear and convincing evidence that the new registration	8580
requirements do not apply to the offender or delinquent child,	8581
the court shall issue an order that specifies that the new	8582
registration requirements do not apply to the offender or	8583
delinquent child. The court promptly shall serve a copy of an	8584
order issued under this division upon the sheriff with whom the	8585
offender or delinquent child most recently registered under	8586
section 2950.04, 2950.041, or 2950.05 of the Revised Code and	8587
upon the bureau of criminal identification and investigation. The	8588
offender or delinquent child and the prosecutor have the right to	8589
appeal the decision of the court issued under this division.	8590

If an offender or delinquent child fails to request a hearing	8591
in accordance with this division within the applicable sixty-day	8592
period specified in this division, the failure constitutes a	8593
waiver by the offender or delinquent child of the offender's or	8594
delinquent child's right to a hearing under this division, and the	8595
offender or delinquent child is bound by the determinations of the	8596
attorney general contained in the registered letter sent to the	8597
offender or child.	8598

If a juvenile court issues an order under division (A)(2) or	8599
(3) of section 2152.86 of the Revised Code that classifies a	8600
delinquent child a public-registry qualified juvenile offender	8601
registrant and if the child's delinquent act was committed prior	8602
to January 1, 2008, a challenge to the classification contained in	8603
the order shall be made pursuant to division (D) of section	8604
2152.86 of the Revised Code.	8605

Sec. 2950.032.  (A)(1) At any time on or after July 1, 2007,	8606
and not later than December 1, 2007, the attorney general shall do	8607
all of the following:	8608

(a) For each offender who on December 1, 2007, will be	8609
serving a prison term in a state correctional institution for a	8610
sexually oriented offense or child-victim oriented offense,	8611
determine the offender's classification relative to that offense	8612
as a tier I sex offender/child-victim offender, a tier II sex	8613
offender/child-victim offender, or a tier III sex	8614
offender/child-victim offender under Chapter 2950. of the Revised	8615
Code as it will exist under the changes in that chapter that will	8616
be implemented on January 1, 2008, and the offender's duties under	8617
Chapter 2950. of the Revised Code as so changed and provide to the	8618
department of rehabilitation and correction a document that	8619
describes that classification and those duties;	8620

(b) For each delinquent child who has been classified a	8621
juvenile offender registrant relative to a sexually oriented	8622
offense or child-victim oriented offense and who on December 1,	8623
2007, will be confined in an institution of the department of	8624
youth services for the sexually oriented offense or child-victim	8625
oriented offense, determine the delinquent child's classification	8626
relative to that offense as a tier I sex offender/child-victim	8627
offender, a tier II sex offender/child-victim offender, or a tier	8628
III sex offender/child-victim offender under Chapter 2950. of the	8629
Revised Code as it will exist under the changes in that chapter	8630
that will be implemented on January 1, 2008, the delinquent	8631
child's duties under Chapter 2950. of the Revised Code as so	8632
changed, and whether the delinquent child is a public	8633
registry-qualified juvenile offender registrant and provide to the	8634
department a document that describes that classification, those	8635
duties, and whether the delinquent child is a public	8636
registry-qualified juvenile offender registrant.	8637

(c) For each offender and delinquent child described in	8638
division (A)(1)(a) or (b) of this section, determine whether the	8639
attorney general is required to send a registered letter to that	8640
offender or that delinquent child and delinquent child's parents	8641
pursuant to section 2950.031 of the Revised Code relative to the	8642
sexually oriented offense or child-victim oriented offense for	8643
which the offender or delinquent child is serving the prison term	8644
or is confined and, if the attorney general is required to send	8645
such a letter to that offender or that delinquent child and	8646
delinquent child's parents relative to that offense, include in	8647
the document provided to the department of rehabilitation and	8648
correction or the department of youth services under division	8649
(A)(1)(a) or (b) of this section a conspicuous notice that the	8650
attorney general will be sending the offender or delinquent child	8651
and delinquent child's parent the registered letter and that the	8652
department is not required to provide to the offender or	8653
delinquent child the written notice described in division (A)(2)	8654
of this section.	8655

(2) At any time on or after July 1, 2007, and not later than	8656
December 1, 2007, except as otherwise described in this division,	8657
the department of rehabilitation and correction shall provide to	8658
each offender described in division (A)(1)(a) of this section and	8659
the department of youth services shall provide to each delinquent	8660
child described in division (A)(1)(b) of this section and to the	8661
delinquent child's parents a written notice that contains the	8662
information described in this division. The department of	8663
rehabilitation and correction and the department of youth services	8664
are not required to provide the written notice to an offender or a	8665
delinquent child and the delinquent child's parents if the	8666
attorney general included in the document provided to the	8667
particular department under division (A)(1)(a) or (b) of this	8668
section notice that the attorney general will be sending that	8669
offender or that delinquent child and the delinquent child's	8670
parents a registered letter and that the department is not	8671
required to provide to that offender or that delinquent child and	8672
parents the written notice. The written notice provided to an	8673
offender or a delinquent child and the delinquent child's parents	8674
pursuant to this division shall notify the offender or delinquent	8675
child of all of the following:	8676

(a) The changes in Chapter 2950. of the Revised Code that	8677
will be implemented on January 1, 2008;	8678

(b) Subject to division (A)(2)(c) of this section, the	8679
offender's or delinquent child's classification as a tier I sex	8680
offender/child-victim offender, a tier II sex	8681
offender/child-victim offender, or a tier III sex	8682
offender/child-victim offender under Chapter 2950. of the Revised	8683
Code as it will exist under the changes that will be implemented	8684
on January 1, 2008, the offender's or delinquent child's duties	8685
under Chapter 2950. of the Revised Code as so changed and the	8686
duration of those duties, whether the delinquent child is	8687
classified a public registry-qualified juvenile offender	8688
registrant, and the information specified in division (B) of	8689
section 2950.03 of the Revised Code to the extent it is relevant	8690
to the offender or delinquent child;	8691

(c) The fact that the offender or delinquent child has a	8692
right to a hearing as described in division (E) of this section,	8693
the procedures for requesting the hearing, and the period of time	8694
within which the request for the hearing must be made;	8695

(d) If the offender's or delinquent child's duty to comply	8696
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	8697
Revised Code is scheduled to terminate on or after July 1, 2007,	8698
and prior to January 1, 2008, under the version of section 2950.07	8699
of the Revised Code that is in effect prior to January 1, 2008, a	8700
summary of the provisions of section 2950.033 of the Revised Code	8701
and the application of those provisions to the offender or	8702
delinquent child, provided that this division applies regarding a	8703
delinquent child only if the child is in a category specified in	8704
division (A) of section 2950.033 of the Revised Code.	8705

(3) The attorney general shall make the determinations	8706
described in divisions (A)(1)(a) and (b) of this section for each	8707
offender or delinquent child who is described in either of those	8708
divisions even if the offender's duty to comply with sections	8709
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is	8710
scheduled to terminate prior to January 1, 2008, under the version	8711
of section 2950.07 of the Revised Code that is in effect prior to	8712
that date, or the delinquent child is in a category specified in	8713
division (C) of section 2950.033 of the Revised Code, and the	8714
child's duty to comply with those sections is scheduled to	8715
terminate prior to January 1, 2008, under the version of section	8716
2950.07 of the Revised Code that is in effect prior to that date.	8717
The department of rehabilitation and correction shall provide to	8718
each offender described in division (A)(1)(a) of this section and	8719
the department of youth services shall provide to each delinquent	8720
child described in division (A)(1)(b) of this section the notice	8721
described in division (A)(2) of this section, even if the	8722
offender's duty to comply with sections 2950.04, 2950.041,	8723
2950.05, and 2950.06 of the Revised Code is scheduled to terminate	8724
prior to January 1, 2008, under the version of section 2950.07 of	8725
the Revised Code that is in effect prior to that date, or the	8726
delinquent child is in a category specified in division (C) of	8727
section 2950.033 of the Revised Code, and the child's duty to	8728
comply with those sections is scheduled to terminate prior to	8729
January 1, 2008, under the version of section 2950.07 of the	8730
Revised Code that is in effect prior to that date. Section	8731
2950.033 of the Revised Code applies regarding any offender	8732
described in division (A)(1)(a) or (b) of this section whose duty	8733
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	8734
the Revised Code is scheduled to terminate prior to January 1,	8735
2008, under the version of section 2950.07 of the Revised Code	8736
that is in effect prior to that date and any delinquent child who	8737
is in a category specified in division (A) of section 2950.033 of	8738
the Revised Code and whose duty to comply with those sections is	8739
scheduled to terminate prior to January 1, 2008, under the version	8740
of section 2950.07 of the Revised Code that is in effect prior to	8741
that date.	8742

(B) If on or after December 2, 2007, an offender commences a	8743
prison term in a state correctional institution or a delinquent	8744
child commences confinement in an institution of the department of	8745
youth services for a sexually oriented offense or a child-victim	8746
oriented offense and if the offender or delinquent child was	8747
convicted of, pleaded guilty to, or was classified a juvenile	8748
offender registrant relative to the sexually oriented offense or	8749
child-victim oriented offense on or before that date, as soon as	8750
practicable, the department of rehabilitation and correction or	8751
the department of youth services, as applicable, shall contact the	8752
attorney general, inform the attorney general of the commencement	8753
of the prison term or institutionalization, and forward to the	8754
attorney general information and material that identifies the	8755
offender or delinquent child and that describes the sexually	8756
oriented offense resulting in the prison term or	8757
institutionalization, the facts and circumstances of it, and the	8758
offender's or delinquent child's criminal or delinquency history.	8759
Within fourteen days after being so informed of the commencement	8760
of the prison term or institutionalization and receiving the	8761
information and material specified in this division, the attorney	8762
general shall determine for the offender or delinquent child all	8763
of the matters specified in division (A)(1)(a), (b), or (c) of	8764
this section and immediately provide to the appropriate	8765
department a document that describes the offender's or delinquent	8766
child's classification and duties as so determined.	8767

Upon receipt from the attorney general of a document	8768
described in this division that pertains to an offender or	8769
delinquent child, the department of rehabilitation and correction	8770
shall provide to the offender or the department of youth services	8771
shall provide to the delinquent child, as applicable, a written	8772
notice that contains the information specified in division (A)(2)	8773
of this section.	8774

(C) If, on or after July 1, 2007, and prior to January 1,	8775
2008, an offender is convicted of or pleads guilty to a sexually	8776
oriented offense or a child-victim oriented offense and the court	8777
does not sentence the offender to a prison term for that offense	8778
or if, on or after July 1, 2007, and prior to January 1, 2008, a	8779
delinquent child is classified a juvenile offender registrant	8780
relative to a sexually oriented offense or a child-victim oriented	8781
offense and the juvenile court does not commit the child to the	8782
custody of the department of youth services for that offense, the	8783
court at the time of sentencing or the juvenile court at the time	8784
specified in division (B) of section 2152.82, division (C) of	8785
section 2152.83, division (C) of section 2152.84, division (E) of	8786
section 2152.85, or division (A) of section 2152.86 of the Revised	8787
Code, whichever is applicable, shall do all of the following:	8788

(1) Provide the offender or the delinquent child and the	8789
delinquent child's parents with the notices required under section	8790
2950.03 of the Revised Code, as it exists prior to January 1,	8791
2008, regarding the offender's or delinquent child's duties under	8792
this chapter as it exists prior to that date;	8793

(2) Provide the offender or the delinquent child and the	8794
delinquent child's parents with a written notice that contains the	8795
information specified in divisions (A)(2)(a) and (b) of this	8796
section;	8797

(3) Provide the offender or the delinquent child and the	8798
delinquent child's parents a written notice that clearly indicates	8799
that the offender or delinquent child is required to comply with	8800
the duties described in the notice provided under division (C)(1)	8801
of this section until January 1, 2008, and will be required to	8802
comply with the duties described in the notice provided under	8803
division (C)(2) of this section on and after that date.	8804

(D)(1) Except as otherwise provided in this division, the	8805
officer or employee of the department of rehabilitation and	8806
correction or the department of youth services who provides an	8807
offender or a delinquent child and the delinquent child's parents	8808
with the notices described in division (A)(2) or (B) of this	8809
section shall require the offender or delinquent child to read and	8810
sign a form stating that the changes in Chapter 2950. of the	8811
Revised Code that will be implemented on January 1, 2008, the	8812
offender's or delinquent child's classification as a tier I sex	8813
offender, a tier II sex offender, or a tier III sex offender, the	8814
offender's or delinquent child's duties under Chapter 2950. of the	8815
Revised Code as so changed and the duration of those duties, the	8816
delinquent child's classification as a public registry-qualified	8817
juvenile offender registrant if applicable, the information	8818
specified in division (B) of section 2950.03 of the Revised Code	8819
to the extent it is relevant to the offender or delinquent child,	8820
and the right to a hearing, procedures for requesting the hearing,	8821
and period of time within which the request for the hearing must	8822
be made have been explained to the offender or delinquent child.	8823

Except as otherwise provided in this division, the judge who	8824
provides an offender or delinquent child with the notices	8825
described in division (C) of this section shall require the	8826
offender or delinquent child to read and sign a form stating that	8827
all of the information described in divisions (C)(1) to (3) of	8828
this section has been explained to the offender or delinquent	8829
child.	8830

If the offender or delinquent child is unable to read, the	8831
official, employee, or judge shall certify on the form that the	8832
official, employee, or judge specifically informed the offender or	8833
delinquent child of all of that information and that the offender	8834
or delinquent child indicated an understanding of it.	8835

(2) After an offender or delinquent child has signed the form	8836
described in division (D)(1) of this section or the official,	8837
employee, or judge has certified on the form that the form has	8838
been explained to the offender or delinquent child and that the	8839
offender or delinquent child indicated an understanding of the	8840
specified information, the official, employee, or judge shall give	8841
one copy of the form to the offender or delinquent child, within	8842
three days shall send one copy of the form to the bureau of	8843
criminal identification and investigation in accordance with the	8844
procedures adopted pursuant to section 2950.13 of the Revised	8845
Code, and shall send one copy of the form to the sheriff of the	8846
county in which the offender or delinquent child expects to reside	8847
and one copy to the prosecutor who handled the case in which the	8848
offender or delinquent child was convicted of, pleaded guilty to,	8849
or was adjudicated a delinquent child for committing the sexually	8850
oriented offense or child-victim oriented offense that resulted in	8851
the offender's or child's registration duty under section 2950.04	8852
or 2950.041 of the Revised Code.	8853

(E) An offender or delinquent child who is provided a notice	8854
under division (A)(2) or (B) of this section may request as a	8855
matter of right a court hearing to contest the application to the	8856
offender or delinquent child of the new registration requirements	8857
under Chapter 2950. of the Revised Code as it will exist under the	8858
changes that will be implemented on January 1, 2008. The offender	8859
or delinquent child may contest the matters that are identified in	8860
division (E) of section 2950.031 of the Revised Code. To request	8861
the hearing, an offender or delinquent child who is provided a	8862
notice under division (A)(2) of this section shall file a petition	8863
with the appropriate court not later than the date that is sixty	8864
days after the offender or delinquent child is provided the notice	8865
under that division, and an offender or delinquent child who is	8866
provided a notice under division (B) of this section shall file a	8867
petition with the appropriate court not later than the date that	8868
is sixty days after the offender or delinquent child is provided	8869
the notice under that division. The request for the hearing shall	8870
be made in the manner and with the court specified in division (E)	8871
of section 2950.031 of the Revised Code, and, except as otherwise	8872
provided in this division, the provisions of that division	8873
regarding the service of process and notice regarding the hearing,	8874
the conduct of the hearing, the determinations to be made at the	8875
hearing, and appeals of those determinations also apply to a	8876
hearing requested under this division. If a hearing is requested	8877
as described in this division, the offender or delinquent child	8878
shall appear at the hearing by video conferencing equipment if	8879
available and compatible, except that, upon the court's own	8880
motion or the motion of the offender or delinquent child or the	8881
prosecutor representing the interests of the state and a	8882
determination by the court that the interests of justice require	8883
that the offender or delinquent child be present, the court may	8884
permit the offender or delinquent child to be physically present	8885
at the hearing. An appearance by video conferencing equipment	8886
pursuant to this division has the same force and effect as if the	8887
offender or delinquent child were physically present at the	8888
hearing. The provisions of division (E) of section 2950.031 of	8889
the Revised Code regarding the effect of a failure to timely	8890
request a hearing also apply to a failure to timely request a	8891
hearing under this division.	8892

If a juvenile court issues an order under division (A)(2) or	8893
(3) of section 2152.86 of the Revised Code that classifies a	8894
delinquent child a public-registry qualified juvenile offender	8895
registrant and if the child's delinquent act was committed prior	8896
to January 1, 2008, a challenge to the classification contained in	8897
the order shall be made pursuant to division (D) of section	8898
2152.86 of the Revised Code.	8899

Sec. 2950.033.  (A) If, on or before July 1, 2007, an	8900
offender who has been convicted of or pleaded guilty to a sexually	8901
oriented offense or a child-victim oriented offense or a	8902
delinquent child in a category specified in division (C) of this	8903
section has a duty to comply with sections 2950.04, 2950.041,	8904
2950.05, and 2950.06 of the Revised Code based on that offense and	8905
if the offender's or delinquent child's duty to comply with those	8906
sections based on that offense is scheduled to terminate on or	8907
after July 1, 2007, and prior to January 1, 2008, under the	8908
version of section 2950.07 of the Revised Code that is in effect	8909
prior to January 1, 2008, notwithstanding that scheduled	8910
termination of those duties, the offender's or delinquent child's	8911
duties under those sections shall not terminate as scheduled and	8912
shall remain in effect for the following period of time:	8913

(1) If the offender or delinquent child is in a category	8914
described in division (A)(1) of section 2950.031 of the Revised	8915
Code, receives a registered letter from the attorney general	8916
pursuant to division (A)(2) of that section, and timely requests a	8917
hearing in accordance with division (E) of that section to contest	8918
the application to the offender or delinquent child of the new	8919
registration requirements under Chapter 2950. of the Revised Code	8920
as it will exist under the changes that will be implemented on	8921
January 1, 2008, or the tier classification of the offender or	8922
delinquent child specified by the attorney general, the offender's	8923
or delinquent child's duty to comply with sections 2950.04,	8924
2950.041, 2950.05, and 2950.06 of the Revised Code shall continue	8925
at least until the court issues its decision at or subsequent to	8926
the hearing. The offender's or delinquent child's duty to comply	8927
with those sections shall continue in accordance with, and for the	8928
duration specified in, the determinations of the attorney general	8929
that are specified in the registered letter the offender or	8930
delinquent child received from the attorney general, unless the	8931
court's decision terminates the offender's or delinquent child's	8932
duty to comply with those sections or provides a different	8933
duration for which the offender or delinquent child has a duty to	8934
comply with them.	8935

(2) If the offender or delinquent child is in a category	8936
described in division (A)(1) of section 2950.031 of the Revised	8937
Code, receives a registered letter from the attorney general	8938
pursuant to division (A)(2) of that section, and does not timely	8939
request a hearing in accordance with division (E) of that section	8940
to contest the application to the offender or delinquent child of	8941
the new registration requirements under Chapter 2950. of the	8942
Revised Code as it will exist under the changes that will be	8943
implemented on January 1, 2008, or the tier classification of the	8944
offender or delinquent child specified by the attorney general,	8945
the offender's or delinquent child's duty to comply with sections	8946
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code shall	8947
continue in accordance with, and for the duration specified in,	8948
the determinations of the attorney general that are specified in	8949
the registered letter the offender or delinquent child received	8950
from the attorney general.	8951

(3) If the offender or delinquent child is in a category	8952
described in division (A)(1)(a) or (b) of section 2950.032 of the	8953
Revised Code, receives a notice from the department of	8954
rehabilitation and correction or department of youth services	8955
pursuant to division (A)(2) of that section, and timely requests a	8956
hearing in accordance with division (E) of that section to contest	8957
the application to the offender or delinquent child of the new	8958
registration requirements under Chapter 2950. of the Revised Code	8959
as it will exist under the changes that will be implemented on	8960
January 1, 2008, or the tier classification of the delinquent	8961
child specified by the attorney general the offender's or	8962
delinquent child's duty to comply with sections 2950.04, 2950.041,	8963
2950.05, and 2950.06 of the Revised Code shall continue in the	8964
same manner and for the same duration as is described in division	8965
(A)(1) of this section regarding offenders and delinquent children	8966
in a category described in division (A)(1) of section 2950.031 of	8967
the Revised Code, who receive a registered letter from the	8968
attorney general pursuant to division (A)(2) of that section, and	8969
who timely request a hearing in accordance with division (E) of	8970
that section.	8971

(4) If the offender or delinquent child is in a category	8972
described in division (A)(1)(a) or (b) of section 2950.032 of the	8973
Revised Code, receives a notice from the department of	8974
rehabilitation and correction or department of youth services	8975
pursuant to division (A)(2) of that section, and does not timely	8976
request a hearing in accordance with division (E) of that section	8977
to contest the application to the offender or delinquent child of	8978
the new registration requirements under Chapter 2950. of the	8979
Revised Code as it will exist under the changes that will be	8980
implemented on January 1, 2008, or the tier classification of the	8981
delinquent child specified by the attorney general the offender's	8982
or delinquent child's duty to comply with sections 2950.04,	8983
2950.041, 2950.05, and 2950.06 of the Revised Code shall continue	8984
in the same manner and for the same duration as is described in	8985
division (A)(2) of this section regarding offenders and delinquent	8986
children in a category described in division (A)(1) of section	8987
2950.031 of the Revised Code, who receive a registered letter from	8988
the attorney general pursuant to division (A)(2) of that section,	8989
and who do not timely request a hearing in accordance with	8990
division (E) of that section.	8991

(5) If the offender or delinquent child is in a category	8992
described in division (A)(1) of section 2950.031 of the Revised	8993
Code but does not receive a registered letter from the attorney	8994
general pursuant to division (A)(2) of that section, or if the	8995
offender or delinquent child is in a category described in	8996
division (A)(1)(a) or (b) of section 2950.032 of the Revised Code	8997
but does not receive a notice from the department of	8998
rehabilitation and correction or department of youth services	8999
pursuant to division (A)(2) of that section, notwithstanding the	9000
failure of the offender or delinquent child to receive the	9001
registered letter or the notice, the offender's or delinquent	9002
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	9003
and 2950.06 of the Revised Code shall continue in accordance with,	9004
and for the duration specified in, the provisions of Chapter 2950.	9005
of the Revised Code as they will exist under the changes to the	9006
provisions that will be implemented on January 1, 2008.	9007

(B) An offender or a delinquent child in a category specified	9008
in division (C) of this section who, on or before July 1, 2007,	9009
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and	9010
2950.06 of the Revised Code based on a conviction of, plea of	9011
guilty to, or adjudication as a delinquent child for committing a	9012
sexually oriented offense or a child-victim oriented offense and	9013
whose duty to comply with those sections is scheduled to terminate	9014
on or after July 1, 2007, and prior to January 1, 2008, under the	9015
version of section 2950.07 of the Revised Code that is in effect	9016
prior to January 1, 2008, is presumed to have knowledge of the	9017
law, the content of division (A) of this section and its	9018
application to the offender or delinquent child, and the	9019
offender's or delinquent child's duties under Chapter 2950. of the	9020
Revised Code as it will exist under the changes that will be	9021
implemented on January 1, 2008. Any failure of any such offender	9022
or delinquent child to receive a registered letter from the	9023
attorney general pursuant to division (A)(2) of section 2950.031	9024
of the Revised Code or to receive a written notice from the	9025
department of rehabilitation and correction or department of youth	9026
services pursuant to division (A)(2) of section 2950.032 of the	9027
Revised Code does not negate, limit, or modify the presumption	9028
specified in this division.	9029

(C) Divisions (A) and (B) of this section apply to a person	9030
who is adjudicated a delinquent child for committing a sexually	9031
oriented offense or child-victim oriented offense only if the	9032
person is so adjudicated prior to January 1, 2008, and, under the	9033
version of section 2950.01 of the Revised Code that is to take	9034
effect on January 1, 2008, will be a public registry-qualified	9035
juvenile offender registrant relative to that offense.	9036

Sec. 2950.031.        Sec. 2950.034. (A) No person who has been convicted	9037
of, is convicted of, has pleaded guilty to, or pleads guilty to	9038
either a sexually oriented offense that is not a	9039
registration-exempt sexually oriented offense or a child-victim	9040
oriented offense shall establish a residence or occupy residential	9041
premises within one thousand feet of any school premises or	9042
preschool or child day-care center premises.	9043

(B) If a person to whom division (A) of this section applies	9044
violates division (A) of this section by establishing a residence	9045
or occupying residential premises within one thousand feet of any	9046
school premises or preschool or child day-care center premises, an	9047
owner or lessee of real property that is located within one	9048
thousand feet of those school premises or preschool or child	9049
day-care center premises, or the prosecuting attorney, village	9050
solicitor, city or township director of law, similar chief legal	9051
officer of a municipal corporation or township, or official	9052
designated as a prosecutor in a municipal corporation that has	9053
jurisdiction over the place at which the person establishes the	9054
residence or occupies the residential premises in question, has a	9055
cause of action for injunctive relief against the person. The	9056
plaintiff shall not be required to prove irreparable harm in	9057
order to obtain the relief.	9058

(C) As used in this section:

9059

(1) "Child day-care center" has the same meaning as in	9060
section 5104.01 of the Revised Code.	9061

(2) "Preschool" means any public or private institution or	9062
center that provides early childhood instructional or educational	9063
services to children who are at least three years of age but less	9064
than six years of age and who are not enrolled in or are not	9065
eligible to be enrolled in kindergarten, whether or not those	9066
services are provided in a child day-care setting. "Preschool"	9067
does not include any place that is the permanent residence of the	9068
person who is providing the early childhood instructional or	9069
educational services to the children described in this division.	9070

(3) "Preschool or child day-care center premises" means all	9071
of the following:	9072

(a) Any building in which any preschool or child day-care	9073
center activities are conducted if the building has signage that	9074
indicates that the building houses a preschool or child day-care	9075
center, is clearly visible and discernable without obstruction,	9076
and meets any local zoning ordinances which may apply;	9077

(b) The parcel of real property on which a preschool or child	9078
day-care center is situated if the parcel of real property has	9079
signage that indicates that a preschool or child day-care center	9080
is situated on the parcel, is clearly visible and discernable	9081
without obstruction, and meets any local zoning ordinances which	9082
may apply;	9083

(c) Any grounds, play areas, and other facilities of a	9084
preschool or child day-care center that are regularly used by the	9085
children served by the preschool or child day-care center if the	9086
grounds, play areas, or other facilities have signage that	9087
indicates that they are regularly used by children served by the	9088
preschool or child day-care center, is clearly visible and	9089
discernable without obstruction, and meets any local zoning	9090
ordinances which may apply.	9091

Sec. 2950.04. (A)(1) Each of the following types of(a)	9092
Immediately after a sentencing hearing is held on or after January	9093
1, 2008, for an offender who is convicted of or pleads guilty to a	9094
sexually oriented offense and is sentenced to a prison term, a	9095
term of imprisonment, or any other type of confinement and before	9096
the offender is transferred to the custody of the department of	9097
rehabilitation and correction or to the official in charge of the	9098
jail, workhouse, state correctional institution, or other	9099
institution where the offender will be confined, the offender	9100
shall register personally with the sheriff, or the sheriff's	9101
designee, of the county in which the offender was convicted of or	9102
pleaded guilty to the sexually oriented offense.	9103

(b) Immediately after a dispositional hearing is held on or	9104
after January 1, 2008, for a child who is adjudicated a delinquent	9105
child for committing a sexually oriented offense, is classified a	9106
juvenile offender registrant based on that adjudication, and is	9107
committed to the custody of the department of youth services or to	9108
a secure facility that is not operated by the department and	9109
before the child is transferred to the custody of the department	9110
of youth services or the secure facility to which the delinquent	9111
child is committed, the delinquent child shall register personally	9112
with the sheriff, or the sheriff's designee, of the county in	9113
which the delinquent child was classified a juvenile offender	9114
registrant based on that sexually oriented offense.	9115

(c) A law enforcement officer shall be present at the	9116
sentencing hearing or dispositional hearing described in division	9117
(A)(1)(a) or (b) of this section to immediately transport the	9118
offender or delinquent child who is the subject of the hearing to	9119
the sheriff, or the sheriff's designee, of the county in which the	9120
offender or delinquent child is convicted, pleads guilty, or is	9121
adjudicated a delinquent child.	9122

(d) After an offender who has registered pursuant to division	9123
(A)(1)(a) of this section is released from a prison term, a term	9124
of imprisonment, or any other type of confinement, the offender	9125
shall register as provided in division (A)(2) of this section.	9126
After a delinquent child who has registered pursuant to division	9127
(A)(1)(b) of this section is released from the custody of the	9128
department of youth services or from a secure facility that is not	9129
operated by the department, the delinquent child shall register as	9130
provided in division (A)(3) of this section.	9131

(2) Regardless of when the sexually oriented offense was	9132
committed, each offender who is convicted of or, pleads guilty to,	9133
or has been convicted of, or has pleaded guilty to, a sexually	9134
oriented offense that is not a registration-exempt sexually	9135
oriented offense shall comply with the following registration	9136
requirements described in divisions (A)(2)(a), (b), (c), (d), and	9137
(e) of this section:	9138

(a) The offender shall register personally with the sheriff,	9139
or the sheriff's designee, of the county within fivethree days	9140
of the offender's coming into a county in which the offender	9141
resides or temporarily is domiciled for more than fivethree	9142
days,.	9143

(b) The offender shall register personally with the sheriff,	9144
or the sheriff's designee, of the county immediately upon coming	9145
into a county in which the offender attends a school or	9146
institution of higher education on a full-time or part-time basis	9147
regardless of whether the offender resides or has a temporary	9148
domicile in this state or another state,.	9149

(c) The offender shall register personally with the sheriff,	9150
or the sheriff's designee, of the county in which the offender is	9151
employed if the offender resides or has a temporary domicile in	9152
this state and has been employed in that county for more than	9153
fourteenthree days or for an aggregate period of thirtyfourteen	9154
or more days in that calendar year,.	9155

(d) The offender shall register personally with the sheriff,	9156
or the sheriff's designee, of the county in which the offender	9157
then is employed if the offender does not reside or have a	9158
temporary domicile in this state and has been employed at any	9159
location or locations in this state more than fourteenthree days	9160
or for an aggregate period of thirtyfourteen or more days in	9161
that calendar year, and.	9162

(e) The offender shall register with the sheriff, or the	9163
sheriff's designee, or other appropriate person of the other	9164
state immediately upon entering into any state other than this	9165
state in which the offender attends a school or institution of	9166
higher education on a full-time or part-time basis or upon being	9167
employed in any state other than this state for more than	9168
fourteenthree days or for an aggregate period of thirtyfourteen	9169
or more days in that calendar year regardless of whether the	9170
offender resides or has a temporary domicile in this state, the	9171
other state, or a different state:	9172

(a) Regardless of when the sexually oriented offense was	9173
committed, an offender who is sentenced for the sexually oriented	9174
offense to a prison term, a term of imprisonment, or any other	9175
type of confinement and, on or after July 1, 1997, is released in	9176
any manner from the prison term, term of imprisonment, or	9177
confinement;	9178

(b) Regardless of when the sexually oriented offense was	9179
committed, an offender who is sentenced for a sexually oriented	9180
offense on or after July 1, 1997, and to whom division (A)(1)(a)	9181
of this section does not apply;	9182

(c) If the sexually oriented offense was committed prior to	9183
July 1, 1997, and neither division (A)(1)(a) nor division	9184
(A)(1)(b) of this section applies, an offender who, immediately	9185
prior to July 1, 1997, was a habitual sex offender who was	9186
required to register under Chapter 2950. of the Revised Code.	9187

(2)(3)(a) Each child who is adjudicated a delinquent child	9188
for committing a sexually oriented offense that is not a	9189
registration-exempt sexually oriented offense and who is	9190
classified a juvenile offender registrant based on that	9191
adjudication shall register personally with the sheriff, or the	9192
sheriff's designee, of the county within fivethree days of the	9193
delinquent child's coming into a county in which the delinquent	9194
child resides or temporarily is domiciled for more than five	9195
three days. If	9196

(b) In addition to the registration duty imposed under	9197
division (A)(3)(a) of this section, each public	9198
registry-qualified juvenile offender registrant shall comply with	9199
the following additional registration requirements:	9200

(i) The public registry-qualified juvenile offender	9201
registrant shall register personally with the sheriff, or the	9202
sheriff's designee, of the county immediately upon coming into a	9203
county in which the registrant attends a school or institution of	9204
higher education on a full-time or part-time basis regardless of	9205
whether the registrant resides or has a temporary domicile in	9206
this state or another state.	9207

(ii) The public registry-qualified juvenile offender	9208
registrant shall register personally with the sheriff, or the	9209
sheriff's designee, of the county in which the registrant is	9210
employed if the registrant resides or has a temporary domicile in	9211
this state and has been employed in that county for more than	9212
three days or for an aggregate period of fourteen or more days in	9213
that calendar year.	9214

(iii) The public registry-qualified juvenile offender	9215
registrant shall register personally with the sheriff, or the	9216
sheriff's designee, of the county in which the registrant then is	9217
employed if the registrant does not reside or have a temporary	9218
domicile in this state and has been employed at any location or	9219
locations in this state more than three days or for an aggregate	9220
period of fourteen or more days in that calendar year.	9221

(iv) The public registry-qualified juvenile offender	9222
registrant shall register with the sheriff, or the sheriff's	9223
designee, or other appropriate person of the other state	9224
immediately upon entering into any state other than this state in	9225
which the registrant attends a school or institution of higher	9226
education on a full-time or part-time basis or upon being	9227
employed in any state other than this state for more than three	9228
days or for an aggregate period of fourteen or more days in that	9229
calendar year regardless of whether the registrant resides or has	9230
a temporary domicile in this state, the other state, or a	9231
different state.	9232

(c) If the delinquent child is committed for the sexually	9233
oriented offense that is not a registration-exempt sexually	9234
oriented offense to the department of youth services or to a	9235
secure facility that is not operated by the department, this duty	9236
begins when the delinquent child is discharged or released in any	9237
manner from custody in a department of youth services secure	9238
facility or from the secure facility that is not operated by the	9239
department, if pursuant to the discharge or release the	9240
delinquent child is not committed to any other secure facility of	9241
the department or any other secure facility. The delinquent child	9242
does not have a duty to register under this division while the	9243
child is in a department of youth services secure facility or in	9244
a secure facility that is not operated by the department.	9245

(3) If divisions (A)(1) and (2) of this section do not apply,	9246
each following type of offender and each following type of	9247
delinquent child shall register personally with the sheriff of the	9248
county within five days of the offender's or delinquent child's	9249
coming into a county in which the offender or delinquent child	9250
resides or temporarily is domiciled for more than five days, and	9251
each following type of offender shall register personally with the	9252
sheriff of the county immediately upon coming into a county in	9253
which the offender attends a school or institution of higher	9254
education on a full-time or part-time basis regardless of whether	9255
the offender resides or has a temporary domicile in this state or	9256
another state, shall register personally with the sheriff of the	9257
county in which the offender is employed if the offender resides	9258
or has a temporary domicile in this state and has been employed in	9259
that county for more than fourteen days or for an aggregate period	9260
of thirty days or more in that calendar year, and shall register	9261
personally with the sheriff of the county in which the offender	9262
then is employed if the offender does not reside or have a	9263
temporary domicile in this state and has been employed at any	9264
location or locations in this state for more than fourteen days or	9265
for an aggregate period of thirty or more days in that calendar	9266
year:	9267

(a)(4) Regardless of when the sexually oriented offense was	9268
committed, aeach person who is convicted, pleads guilty, or is	9269
adjudicated a delinquent child in a court in another state, in a	9270
federal court, military court, or Indian tribal court, or in a	9271
court in any nation other than the United States for committing a	9272
sexually oriented offense that is not a registration-exempt	9273
sexually oriented offense, if, on or after July 1, 1997, for	9274
offenders, or January 1, 2002, for delinquent children, the	9275
offender or delinquent child moves to and resides in this state or	9276
temporarily is domiciled in this state for more than five days,	9277
the offender enters this state to attend any school or institution	9278
of higher education on a full-time or part-time basis, or the	9279
offender is employed in this state for more than fourteen days or	9280
for an aggregate period of thirty or more days in any calendar	9281
year, andshall comply with the following registration	9282
requirements if, at the time the offender or delinquent child	9283
moves to and resides in this state or temporarily is domiciled in	9284
this state for more than fivethree days, the offender or public	9285
registry-qualified juvenile offender registrant enters this state	9286
to attend thea school or institution of higher education, or the	9287
offender or public registry-qualified juvenile offender registrant	9288
is employed in this state for more than the specified period of	9289
time, the offender or delinquent child has a duty to register as a	9290
sex offender or child-victim offender under the law of that other	9291
jurisdiction as a result of the conviction, guilty plea, or	9292
adjudication:	9293

(a) Each offender and delinquent child shall register	9294
personally with the sheriff, or the sheriff's designee, of the	9295
county within three days of the offender's or delinquent child's	9296
coming into the county in which the offender or delinquent child	9297
resides or temporarily is domiciled for more than three days.	9298

(b) Each offender or public registry-qualified juvenile	9299
offender registrant shall register personally with the sheriff, or	9300
the sheriff's designee, of the county immediately upon coming	9301
into a county in which the offender or public registry-qualified	9302
juvenile offender registrant attends a school or institution of	9303
higher education on a full-time or part-time basis regardless of	9304
whether the offender or public registry-qualified juvenile	9305
offender registrant resides or has a temporary domicile in this	9306
state or another state.	9307

(c) Each offender or public registry-qualified juvenile	9308
offender registrant shall register personally with the sheriff, or	9309
the sheriff's designee, of the county in which the offender or	9310
public registry-qualified juvenile offender registrant is employed	9311
if the offender resides or has a temporary domicile in this state	9312
and has been employed in that county for more than three days or	9313
for an aggregate period of fourteen days or more in that calendar	9314
year.	9315

(d) Each offender or public registry-qualified juvenile	9316
offender registrant shall register personally with the sheriff, or	9317
the sheriff's designee, of the county in which the offender or	9318
public registry-qualified juvenile offender registrant then is	9319
employed if the offender or public registry-qualified juvenile	9320
offender registrant does not reside or have a temporary domicile	9321
in this state and has been employed at any location or locations	9322
in this state for more than three days or for an aggregate	9323
period of fourteen or more days in that calendar year.	9324

(5) An offender or a delinquent child who is a public	9325
registry-qualified juvenile offender registrant is not required to	9326
register under division (A)(2), (3), or (4) of this section if a	9327
court issues an order terminating the offender's or delinquent	9328
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	9329
and 2950.06 of the Revised Code pursuant to section 2950.15 of the	9330
Revised Code. A delinquent child who is a juvenile offender	9331
registrant but is not a public registry-qualified juvenile	9332
offender registrant is not required to register under any of those	9333
divisions if a juvenile court issues an order declassifying the	9334
delinquent child as a juvenile offender registrant pursuant to	9335
section 2152.84 or 2152.85 of the Revised Code.	9336

(b) Regardless of when the sexually oriented offense was	9337
committed, a person who is convicted of, pleads guilty to, or is	9338
adjudicated a delinquent child in a court in another state, in a	9339
federal court, military court, or Indian tribal court, or in a	9340
court in any nation other than the United States for committing a	9341
sexually oriented offense that is not a registration-exempt	9342
sexually oriented offense, if, on or after July 1, 1997, for	9343
offenders, or January 1, 2002, for delinquent children, the	9344
offender or delinquent child is released from imprisonment,	9345
confinement, or detention imposed for that offense, and if, on or	9346
after July 1, 1997, for offenders, or January 1, 2002, for	9347
delinquent children, the offender or delinquent child moves to and	9348
resides in this state or temporarily is domiciled in this state	9349
for more than five days, the offender enters this state to attend	9350
any school or institution of higher education on a full-time or	9351
part-time basis, or the offender is employed in this state for	9352
more than fourteen days or for an aggregate period of thirty or	9353
more days in any calendar year. The duty to register as described	9354
in this division applies to an offender regardless of whether the	9355
offender, at the time of moving to and residing in this state or	9356
temporarily being domiciled in this state for more than five days,	9357
at the time of entering into this state to attend the school or	9358
institution of higher education, or at the time of being employed	9359
in this state for the specified period of time, has a duty to	9360
register as a sex offender or child-victim offender under the law	9361
of the jurisdiction in which the conviction or guilty plea	9362
occurred. The duty to register as described in this division	9363
applies to a delinquent child only if the delinquent child, at the	9364
time of moving to and residing in this state or temporarily being	9365
domiciled in this state for more than five days, has a duty to	9366
register as a sex offender or child-victim offender under the law	9367
of the jurisdiction in which the delinquent child adjudication	9368
occurred or if, had the delinquent child adjudication occurred in	9369
this state, the adjudicating juvenile court judge would have been	9370
required to issue an order classifying the delinquent child as a	9371
juvenile offender registrant pursuant to section 2152.82 or	9372
division (A) of section 2152.83 of the Revised Code.	9373

(4) If neither division (A)(1), (2), nor (3) of this section	9374
applies and if the offender is adjudicated a sexual predator under	9375
division (C) of section 2950.09 of the Revised Code, the offender	9376
shall register within five days of the adjudication with the	9377
sheriff of the county in which the offender resides or temporarily	9378
is domiciled for more than five days, shall register with the	9379
sheriff of any county in which the offender subsequently resides	9380
or temporarily is domiciled for more than five days within five	9381
days of coming into that county, shall register within five days	9382
of the adjudication with the sheriff of the county in which the	9383
offender attends any school or institution of higher education on	9384
a full-time or part-time basis or in which the offender is	9385
employed if the offender has been employed in that county for more	9386
than fourteen days or for an aggregate period of thirty or more	9387
days in that calendar year regardless of whether the offender	9388
resides or has temporary domicile in this state or another state,	9389
and shall register within five days of the adjudication with the	9390
sheriff or other appropriate person of any state other than this	9391
state in which the offender attends a school or institution of	9392
higher education on a full-time or part-time basis or in which the	9393
offender then is employed if the offender has been employed in	9394
that state for more than fourteen days or for an aggregate period	9395
of thirty or more days in any calendar year regardless of whether	9396
the offender resides or has temporary domicile in this state, the	9397
other state, or a different state.	9398

(5) A person who is adjudicated a delinquent child for	9399
committing a sexually oriented offense that is not a	9400
registration-exempt sexually oriented offense is not required to	9401
register under division (A)(2) of this section unless the	9402
delinquent child committed the offense on or after January 1,	9403
2002, is classified a juvenile offender registrant by a juvenile	9404
court judge pursuant to an order issued under section 2152.82,	9405
2152.83, 2152.84, or 2152.85 of the Revised Code based on that	9406
adjudication, and has a duty to register pursuant to division	9407
(A)(2) of this section.	9408

(6) A person who has been convicted of, is convicted of, has	9409
pleaded guilty to, or pleads guilty to a sexually oriented offense	9410
that is a registration-exempt sexually oriented offense, and a	9411
person who is or has been adjudicated a delinquent child for	9412
committing a sexually oriented offense that is a	9413
registration-exempt sexually oriented offense, does not have any	9414
duty to register under this section based on that conviction,	9415
guilty plea, or adjudication. The exemption of an offender or	9416
delinquent child from registration under this division for a	9417
conviction of, plea of guilty to, or delinquent child adjudication	9418
for a registration-exempt sexually oriented offense does not	9419
limit, affect, or supersede any duties imposed upon the offender	9420
or delinquent child under this chapter or sections 2152.82 to	9421
2152.85 of the Revised Code for a conviction of, plea of guilty	9422
to, or delinquent child adjudication for any other sexually	9423
oriented offense or any child-victim oriented offense.	9424

(B) An offender or delinquent child who is required by	9425
division (A) of this section to register in this state personally	9426
shall obtain from the sheriff or from a designee of the sheriff a	9427
registration form that conforms to division (C) of this section,	9428
shall complete and sign the form, and shall return the completed	9429
form together with the offender's or delinquent child's	9430
photograph, copies of travel and immigration documents, and any	9431
other required material to the sheriff or the designee. The	9432
sheriff or designee shall sign the form and indicate on the form	9433
the date on which it is so returned. The registration required	9434
under this division is complete when the offender or delinquent	9435
child returns the form, containing the requisite information,	9436
photograph, other required material, signatures, and date, to the	9437
sheriff or designee.	9438

(C) The registration form to be used under divisions (A) and	9439
(B) of this section shall include the photograph of the offender	9440
or delinquent child who is registering and shallor contain all of	9441
the following for the offender or delinquent child who is	9442
registering:	9443

(1) The offender's or delinquent child's name and any aliases	9444
used by the offender or delinquent child;	9445

(2) The offender's or delinquent child's social security	9446
number and date of birth, including any alternate social security	9447
numbers or dates of birth that the offender or delinquent child	9448
has used or uses;	9449

(3) Regarding an offender or delinquent child who is	9450
registering under a duty imposed under division (A)(1) of this	9451
section, a statement that the offender is serving a prison term,	9452
term of imprisonment, or any other type of confinement or a	9453
statement that the delinquent child is in the custody of the	9454
department of youth services or is confined in a secure facility	9455
that is not operated by the department;	9456

(4) Regarding an offender or delinquent child who is	9457
registering under a duty imposed under division (A)(1), (2), (3),	9458
or (4) of this section as a result of the offender or delinquent	9459
child residing in this state or temporarily being domiciled in	9460
this state for more than fivethree days, the current residence	9461
address of the offender or delinquent child who is registering,	9462
the name and address of the offender's or delinquent child's	9463
employer if the offender or delinquent child is employed at the	9464
time of registration or if the offender or delinquent child knows	9465
at the time of registration that the offender or delinquent child	9466
will be commencing employment with that employer subsequent to	9467
registration, any other employment information, such as the	9468
general area where the offender or delinquent child is employed,	9469
if the offender or delinquent child is employed in many	9470
locations, and the name and address of the offender's or public	9471
registry-qualified juvenile offender registrant's school or	9472
institution of higher education if the offender or public	9473
registry-qualified juvenile offender registrant attends one at the	9474
time of registration or if the offender or public	9475
registry-qualified juvenile offender registrant knows at the time	9476
of registration that the offender or public registry-qualified	9477
juvenile offender registrant will be commencing attendance at	9478
that school or institution subsequent to registration, and any	9479
other information required by the bureau of criminal	9480
identification and investigation.;	9481

(2)(5) Regarding an offender or public registry-qualified	9482
juvenile offender registrant who is registering under a duty	9483
imposed under division (A)(1), (3),(2), (3), or (4) of this	9484
section as a result of the offender or public registry-qualified	9485
juvenile offender registrant attending a school or institution of	9486
higher education in this state on a full-time or part-time basis	9487
or being employed in this state or in a particular county in this	9488
state, whichever is applicable, for more than fourteenthree days	9489
or for an aggregate of thirtyfourteen or more days in any	9490
calendar year, the name and current address of the school,	9491
institution of higher education, or place of employment of the	9492
offender or public registry-qualified juvenile offender	9493
registrant who is registering and any other information required	9494
by the bureau of criminal identification and investigation.,	9495
including any other employment information, such as the general	9496
area where the offender or public registry-qualified juvenile	9497
offender registrant is employed, if the offender or public	9498
registry-qualified juvenile offender registrant is employed in	9499
many locations;	9500

(3) Regarding an offender or delinquent child who is	9501
registering under a duty imposed under division (A)(1), (2), (3),	9502
or (4) of this section for any reason, if the offender has been	9503
adjudicated a sexual predator relative to the sexually oriented	9504
offense in question, if the delinquent child has been adjudicated	9505
a sexual predator relative to the sexually oriented offense in	9506
question and the court has not subsequently determined pursuant to	9507
section 2152.84 or 2152.85 of the Revised Code that the	9508
delinquent child no longer is a sexual predator, if the judge	9509
determined pursuant to division (C) of section 2950.09 or pursuant	9510
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised	9511
Code that the offender or delinquent child is a habitual sex	9512
offender and the determination has not been removed pursuant to	9513
section 2152.84 or 2152.85 of the Revised Code, or if the offender	9514
has the duty to register as a result of the conviction of or plea	9515
of guilty to an aggravated sexually oriented offense, the offender	9516
or delinquent child also shall include on the signed, written	9517
registration form all of the following information:	9518

(a) A specific declaration that the person has been	9519
adjudicated a sexual predator, has been determined to be a	9520
habitual sex offender, or was convicted of or pleaded guilty to an	9521
aggravated sexually oriented offense, whichever is applicable;	9522

(b) If the offender or delinquent child has been adjudicated	9523
a sexual predator, the(6) The identification license plate number	9524
of each motor vehicle the offender or delinquent child owns and,	9525
of each motor vehicle registered in the offender's or delinquent	9526
child's name, of each vehicle the offender or delinquent child	9527
operates as a part of employment, and of each other vehicle that	9528
is regularly available to be operated by the offender or	9529
delinquent child; a description of where each vehicle is	9530
habitually parked, stored, docked, or otherwise kept; and, if	9531
required by the bureau of criminal identification and	9532
investigation, a photograph of each of those vehicles;	9533

(7) If the offender or delinquent child has a driver's or	9534
commercial driver's license or permit issued by this state or any	9535
other state or a state identification card issued under section	9536
4507.50 or 4507.51 of the Revised Code or a comparable	9537
identification card issued by another state, the driver's license	9538
number, commercial driver's license number, or state	9539
identification card number;	9540

(8) If the offender or delinquent child was convicted of,	9541
pleaded guilty to, or was adjudicated a delinquent child for	9542
committing the sexually oriented offense resulting in the	9543
registration duty in a court in another state, in a federal court,	9544
military court, or Indian tribal court, or in a court in any	9545
nation other than the United States, a DNA specimen, as defined in	9546
section 109.573 of the Revised Code, from the offender or	9547
delinquent child, a citation for, and the name of, the sexually	9548
oriented offense resulting in the registration duty, and a	9549
certified copy of a document that describes the text of that	9550
sexually oriented offense;	9551

(9) A description of each professional and occupational	9552
license, permit, or registration, including those licenses,	9553
permits, and registrations issued under Title XLVII of the	9554
Revised Code, held by the offender or delinquent child;	9555

(10) Any email addresses, internet identifiers, or telephone	9556
numbers registered to or used by the offender or delinquent child;	9557

(11) Any other information required by the bureau of criminal	9558
identification and investigation.	9559

(D) After an offender or delinquent child registers with a	9560
sheriff, or the sheriff's designee, pursuant to this section, the	9561
sheriff, or the sheriff's designee, shall forward the signed,	9562
written registration form and, photograph, and other material to	9563
the bureau of criminal identification and investigation in	9564
accordance with the forwarding procedures adopted pursuant to	9565
section 2950.13 of the Revised Code. If an offender registers a	9566
school, institution of higher education, or place of employment	9567
address, or provides a school or institution of higher education	9568
address under division (C)(1)(4) of this section, the sheriff	9569
also shall provide notice to the law enforcement agency with	9570
jurisdiction over the premises of the school, institution of	9571
higher education, or place of employment of the offender's name	9572
and that the offender has registered that address as a place at	9573
which the offender attends school or an institution of higher	9574
education or at which the offender is employed. The bureau shall	9575
include the information and materials forwarded to it under this	9576
division in the state registry of sex offenders and child victim	9577
offenders established and maintained under section 2950.13 of the	9578
Revised Code.	9579

(E) No person who is required to register pursuant to	9580
divisions (A) and (B) of this section, and no person who is	9581
required to send a notice of intent to reside pursuant to division	9582
(G) of this section, shall fail to register or send the notice of	9583
intent as required in accordance with those divisions or that	9584
division.	9585

(F) An offender or delinquent child who is required to	9586
register pursuant to divisions (A) and (B) of this section shall	9587
register pursuant to this section for the period of time specified	9588
in section 2950.07 of the Revised Code, with the duty commencing	9589
on the date specified in division (A) of that section.	9590

(G) If an offender or delinquent child who is required by	9591
division (A) of this section to register is adjudicated a sexual	9592
predator or a habitual sexual offender subject to community	9593
notification under division (C)(2) or (E) of section 2950.09 of	9594
the Revised Code, or if an offender who is required by division	9595
(A) of this section to register has that duty as a result of a	9596
conviction of or plea of guilty to an aggravated sexually oriented	9597
offensea tier III sex offender/child-victim offender, the	9598
offender or delinquent child also shall send the sheriff, or the	9599
sheriff's designee, of the county in which the offender or	9600
delinquent child intends to reside written notice of the	9601
offender's or delinquent child's intent to reside in the county.	9602
The offender or delinquent child shall send the notice of intent	9603
to reside at least twenty days prior to the date the offender or	9604
delinquent child begins to reside in the county. The notice of	9605
intent to reside shall contain the following information:	9606

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

9607

(2) The address or addresses at which the offender or	9608
delinquent child intends to reside;	9609

(3) The sexually oriented offense of which the offender was	9610
convicted, to which the offender pleaded guilty, or for which the	9611
child was adjudicated a delinquent child;	9612

(4) A statement that the offender has been adjudicated a	9613
sexual predator, a statement that the delinquent child has been	9614
adjudicated a sexual predator and that, as of the date of the	9615
notice, the court has not entered a determination that the	9616
delinquent child no longer is a sexual predator, a statement that	9617
the sentencing or reviewing judge has determined that the offender	9618
or delinquent child is a habitual sex offender and that, as of the	9619
date of the notice, the determination has not been removed	9620
pursuant to section 2152.84 or 2152.85 of the Revised Code, or a	9621
statement that the offender was convicted of or pleaded guilty to	9622
an aggravated sexually oriented offense.	9623

(H) If, immediately prior to July 31, 2003January 1, 2008,	9624
an offender or delinquent child who was convicted of, pleaded	9625
guilty to, or was adjudicated a delinquent child for committing a	9626
sexually oriented offense or a child-victim oriented offense as	9627
those terms were defined in section 2950.01 of the Revised Code	9628
prior to January 1, 2008, was required by division (A) of this	9629
section or section 2950.041 of the Revised Code to register and	9630
if, on or after July 31, 2003January 1, 2008, that offense no	9631
longer is a sexually oriented offense but instead is designated a	9632
child-victim oriented offense, division (A)(1)(c) or (2)(b) of	9633
section 2950.041 of the Revised Code applies regarding the	9634
offender or delinquent child andas that term is defined in	9635
section 2950.01 of the Revised Code on and after January 1, 2008,	9636
the duty to register that is imposed pursuant to that division	9637
this section on and after January 1, 2008, shall be considered,	9638
for purposes of section 2950.07 of the Revised Code and for all	9639
other purposes, to be a continuation of the duty imposed upon the	9640
offender or delinquent child prior to July 31, 2003January 1,	9641
2008, under this section or section 2950.041 of the Revised Code.	9642

Sec. 2950.041.  (A)(1) Each of the following types of(a)	9643
Immediately after a sentencing hearing is held on or after January	9644
1, 2008, for an offender who is convicted of or pleads guilty to a	9645
child-victim oriented offense and is sentenced to a prison term, a	9646
term of imprisonment, or any other type of confinement and before	9647
the offender is transferred to the custody of the department of	9648
rehabilitation and correction or to the official in charge of the	9649
jail, workhouse, state correctional institution, or other	9650
institution where the offender will be confined, the offender	9651
shall register personally with the sheriff, or the sheriff's	9652
designee, of the county in which the offender was convicted of or	9653
pleaded guilty to the child-victim offense.	9654

(b) Immediately after a dispositional hearing is held on or	9655
after January 1, 2008, for a child who is adjudicated a delinquent	9656
child for committing a child-victim oriented offense, is	9657
classified a juvenile offender registrant based on that	9658
adjudication, and is committed to the custody of the department of	9659
youth services or to a secure facility that is not operated by the	9660
department and before the child is transferred to the custody of	9661
the department of youth services or the secure facility to which	9662
the delinquent child is committed, the delinquent child shall	9663
register personally with the sheriff, or the sheriff's designee,	9664
of the county in which the delinquent child was classified a	9665
juvenile offender registrant based on that child-victim oriented	9666
offense.	9667

(c) A law enforcement officer shall be present at the	9668
sentencing hearing or dispositional hearing described in division	9669
(A)(1)(a) or (b) of this section to immediately transport the	9670
offender or delinquent child who is the subject of the hearing to	9671
the sheriff, or the sheriff's designee, of the county in which the	9672
offender or delinquent child is convicted, pleads guilty, or is	9673
adjudicated a delinquent child.	9674

(d) After an offender who has registered pursuant to division	9675
(A)(1)(a) of this section is released from a prison term, a term	9676
of imprisonment, or any other type of confinement, the offender	9677
shall register as provided in division (A)(2) of this section.	9678
After a delinquent child who has registered pursuant to division	9679
(A)(1)(b) of this section is released from the custody of the	9680
department of youth services or from a secure facility that is not	9681
operated by the department, the delinquent child shall register as	9682
provided in division (A)(3) of this section.	9683

(2) Regardless of when the child-victim oriented offense was	9684
committed, each offender who is convicted of or, pleads guilty to,	9685
or has been convicted of, or has pleaded guilty to, a child-victim	9686
oriented offense shall comply with all of the following	9687
registration requirements:	9688

(a) The offender shall register personally with the sheriff,	9689
or the sheriff's designee, of the county within fivethree days	9690
of the offender's coming into a county in which the offender	9691
resides or temporarily is domiciled for more than fivethree	9692
days,.	9693

(b) The offender shall register personally with the sheriff,	9694
or the sheriff's designee, of the county immediately upon coming	9695
into a county in which the offender attends a school or	9696
institution of higher education on a full-time or part-time basis	9697
regardless of whether the offender resides or has a temporary	9698
domicile in this state or another state,.	9699

(c) The offender shall register personally with the sheriff,	9700
or the sheriff's designee, of the county in which the offender is	9701
employed if the offender resides or has a temporary domicile in	9702
this state and has been employed in that county for more than	9703
fourteenthree days or for an aggregate period of thirtyfourteen	9704
or more days in that calendar year,.	9705

(d) The offender shall register personally with the sheriff,	9706
or the sheriff's designee, of the county in which the offender	9707
then is employed if the offender does not reside or have a	9708
temporary domicile in this state and has been employed at any	9709
location or locations in this state for more than fourteenthree	9710
days or for an aggregate period of thirtyfourteen or more days	9711
in that calendar year, and.	9712

(e) The offender shall register personally with the sheriff,	9713
or the sheriff's designee, or other appropriate person of the	9714
other state immediately upon entering into any state other than	9715
this state in which the offender attends a school or institution	9716
of higher education on a full-time or part-time basis or upon	9717
being employed in any state other than this state for more than	9718
fourteenthree days or for an aggregate period of thirtyfourteen	9719
or more days in that calendar year regardless of whether the	9720
offender resides or has a temporary domicile in this state, the	9721
other state, or a different state:.	9722

(a) Regardless of when the child-victim oriented offense was	9723
committed, an offender who is sentenced for the child-victim	9724
oriented offense to a prison term, a term of imprisonment, or any	9725
other type of confinement and, on or after July 31, 2003, is	9726
released in any manner from the prison term, term of imprisonment,	9727
or confinement;	9728

(b) Regardless of when the child-victim oriented offense was	9729
committed, an offender who is sentenced for a child-victim	9730
oriented offense on or after July 31, 2003, and to whom division	9731
(A)(1)(a) of this section does not apply;	9732

(c) If the child-victim oriented offense was committed prior	9733
to July 31, 2003, if the offense was considered prior to that date	9734
to be a sexually oriented offense, and if neither division	9735
(A)(1)(a) nor division (A)(1)(b) of this section applies, an	9736
offender who, immediately prior to July 31, 2003, was required to	9737
register as a result of conviction of or plea of guilty to the	9738
commission of that offense under section 2950.04 of the Revised	9739
Code. For any offender who is described in this division, the duty	9740
imposed under this division shall be considered, for purposes of	9741
section 2950.07 of the Revised Code and for all other purposes, to	9742
be a continuation of the duty imposed upon the offender prior to	9743
July 31, 2003, under section 2950.04 of the Revised Code.	9744

(2) Each of the following types of delinquent children shall	9745
register personally with the sheriff of the county within five	9746
days of the delinquent child's coming into a county in which the	9747
delinquent child resides or temporarily is domiciled for more than	9748
five days:	9749

(a)(3) Regardless of when the child-victim oriented offense	9750
was committed, aeach child who on or after July 31, 2003, is	9751
adjudicated a delinquent child for committing a child-victim	9752
oriented offense and who is classified a juvenile offender	9753
registrant based on that adjudication shall register personally	9754
with the sheriff, or the sheriff's designee, of the county within	9755
three days of the delinquent child's coming into a county in	9756
which the delinquent child resides or temporarily is domiciled	9757
for more than three days. If the delinquent child is committed	9758
for the child-victim oriented offense to the department of youth	9759
services or to a secure facility that is not operated by the	9760
department, this duty begins when the delinquent child is	9761
discharged or released in any manner from custody in a department	9762
of youth services secure facility or from the secure facility	9763
that is not operated by the department, if pursuant to the	9764
discharge or release the delinquent child is not committed to any	9765
other secure facility of the department or any other secure	9766
facility. The delinquent child does not have a duty to register	9767
under this division while the child is in a department of youth	9768
services secure facility or in a secure facility that is not	9769
operated by the department.	9770

(b) If the child-victim oriented offense was committed prior	9771
to July 31, 2003, if the offense was considered prior to that date	9772
to be a sexually oriented offense, and if division (A)(2)(a) of	9773
this section does not apply, a delinquent child who, immediately	9774
prior to July 31, 2003, was classified a juvenile sex offender	9775
registrant and required to register as a result of a delinquent	9776
child adjudication for the commission of that offense under	9777
section 2950.04 of the Revised Code. For any delinquent child who	9778
is described in this division, the duty imposed under this	9779
division shall be considered, for purposes of section 2950.07 of	9780
the Revised Code and for all other purposes, to be a continuation	9781
of the duty imposed upon the delinquent child prior to July 31,	9782
2003, under section 2950.04 of the Revised Code. If the delinquent	9783
child is committed for the child-victim oriented offense to the	9784
department of youth services or to a secure facility that is not	9785
operated by the department, the provisions of division (A)(2)(a)	9786
of this section regarding the beginning, and tolling, of a duty	9787
imposed under that division also apply regarding the beginning,	9788
and tolling, of the duty imposed under this division.	9789

(3) If divisions (A)(1) and (2) of this section do not apply,	9790
each following type of offender and each following type of	9791
delinquent child shall register personally with the sheriff of the	9792
county within five days of the offender's or delinquent child's	9793
coming into a county in which the offender or delinquent child	9794
resides or temporarily is domiciled for more than five days, and	9795
each following type of offender shall register personally with the	9796
sheriff of the county immediately upon coming into a county in	9797
which the offender attends a school or institution of higher	9798
education on a full-time or part-time basis regardless of whether	9799
the offender resides or has a temporary domicile in this state or	9800
another state, shall register personally with the sheriff of the	9801
county in which the offender is employed if the offender resides	9802
or has a temporary domicile in this state and has been employed in	9803
that county for more than fourteen days or for an aggregate period	9804
of thirty or more days in that calendar year, and shall register	9805
personally with the sheriff of the county in which the offender	9806
then is employed if the offender does not reside or have a	9807
temporary domicile in this state and has been employed at any	9808
location or locations in this state for more than fourteen days or	9809
for an aggregate period of thirty or more days in that calendar	9810
year:	9811

(a)(4) Regardless of when the child-victim oriented offense	9812
was committed, aeach person who is convicted, pleads guilty, or	9813
is adjudicated a delinquent child in a court in another state, in	9814
a federal court, military court, or Indian tribal court, or in a	9815
court in any nation other than the United States for committing a	9816
child-victim oriented offense, if, on or after July 31, 2003, the	9817
offender or delinquent child moves to and resides in this state or	9818
temporarily is domiciled in this state for more than five days,	9819
the offender enters this state to attend any school or institution	9820
of higher education on a full-time or part-time basis, or the	9821
offender is employed in this state for more than fourteen days or	9822
for an aggregate period of thirty or more days in any calendar	9823
year, andshall comply with all of the following registration	9824
requirements if, at the time the offender or delinquent child	9825
moves to and resides in this state or temporarily is domiciled in	9826
this state for more than fivethree days, the offender enters this	9827
state to attend the school or institution of higher education, or	9828
the offender is employed in this state for more than the specified	9829
period of time, the offender or delinquent child has a duty to	9830
register as a child-victim offender or sex offender under the law	9831
of that other jurisdiction as a result of the conviction, guilty	9832
plea, or adjudication:	9833

(a) Each offender and delinquent child shall register	9834
personally with the sheriff, or the sheriff's designee, of the	9835
county within three days of the offender's or delinquent child's	9836
coming into the county in which the offender or delinquent child	9837
resides or temporarily is domiciled for more than three days.	9838

(b) Each offender shall register personally with the sheriff,	9839
or the sheriff's designee, of the county immediately upon coming	9840
into a county in which the offender attends a school or	9841
institution of higher education on a full-time or part-time basis	9842
regardless of whether the offender resides or has a temporary	9843
domicile in this state or another state.	9844

(c) Each offender shall register personally with the sheriff,	9845
or the sheriff's designee, of the county in which the offender is	9846
employed if the offender resides or has a temporary domicile in	9847
this state and has been employed in that county for more than	9848
three days or for an aggregate period of fourteen days or more in	9849
that calendar year.	9850

(d) Each offender shall register personally with the sheriff,	9851
or the sheriff's designee, of the county in which the offender	9852
then is employed if the offender does not reside or have a	9853
temporary domicile in this state and has not been employed at any	9854
location or locations in this state for more than three days or	9855
for an aggregate period of fourteen or more days in that calendar	9856
year.	9857

(5) An offender is not required to register under division	9858
(A)(2), (3), or (4) of this section if a court issues an order	9859
terminating the offender's duty to comply with sections 2950.04,	9860
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to	9861
section 2950.15 of the Revised Code. A delinquent child who is a	9862
juvenile offender registrant but is not a public	9863
registry-qualified juvenile offender registrant is not required to	9864
register under any of those divisions if a juvenile court issues	9865
an order declassifying the delinquent child as a juvenile offender	9866
registrant pursuant to section 2152.84 or 2152.85 of the Revised	9867
Code.	9868

(b) Regardless of when the child-victim oriented offense was	9869
committed, a person who is convicted, pleads guilty, or	9870
adjudicated a delinquent child in a court in another state, in a	9871
federal court, military court, or Indian tribal court, or in a	9872
court in any nation other than the United States for committing a	9873
child-victim oriented offense, if, on or after July 31, 2003, the	9874
offender or delinquent child is released from imprisonment,	9875
confinement, or detention imposed for that offense, and if, on or	9876
after July 31, 2003, the offender or delinquent child moves to and	9877
resides in this state or temporarily is domiciled in this state	9878
for more than five days, the offender enters this state to attend	9879
any school or institution of higher education on a full-time or	9880
part-time basis, or the offender is employed in this state for	9881
more than fourteen days or for an aggregate period of thirty or	9882
more days in any calendar year. The duty to register as described	9883
in this division applies to an offender regardless of whether the	9884
offender, at the time of moving to and residing in this state or	9885
temporarily being domiciled in this state for more than five days,	9886
at the time of entering into this state to attend the school or	9887
institution of higher education, or at the time of being employed	9888
in this state for more than the specified period of time, has a	9889
duty to register as a child-victim offender or sex offender under	9890
the law of the jurisdiction in which the conviction or guilty plea	9891
occurred. The duty to register as described in this division	9892
applies to a delinquent child only if the delinquent child, at the	9893
time of moving to and residing in this state or temporarily being	9894
domiciled in this state for more than five days, has a duty to	9895
register as a child-victim offender or sex offender under the law	9896
of the jurisdiction in which the delinquent child adjudication	9897
occurred or if, had the delinquent child adjudication occurred in	9898
this state, the adjudicating juvenile court judge would have been	9899
required to issue an order classifying the delinquent child as a	9900
juvenile offender registrant pursuant to section 2152.82 or	9901
division (A) of section 2152.83 of the Revised Code.	9902

(4) If neither division (A)(1), (2), nor (3) of this section	9903
applies and if the offender is adjudicated a child-victim predator	9904
under division (C) of section 2950.091 of the Revised Code, the	9905
offender shall register within five days of the adjudication with	9906
the sheriff of the county in which the offender resides or	9907
temporarily is domiciled for more than five days, shall register	9908
with the sheriff of any county in which the offender subsequently	9909
resides or temporarily is domiciled for more than five days within	9910
five days of coming into that county, shall register within five	9911
days of the adjudication with the sheriff of the county in which	9912
the offender attends any school or institution of higher education	9913
on a full-time or part-time basis or in which the offender is	9914
employed if the offender has been employed in that county for more	9915
than fourteen days or for an aggregate period of thirty or more	9916
days in that calendar year regardless of whether the offender	9917
resides or has temporary domicile in this state or another state,	9918
and shall register within five days of the adjudication with the	9919
sheriff or other appropriate person of any state other than this	9920
state in which the offender attends a school or institution of	9921
higher education on a full-time or part-time basis or in which the	9922
offender then is employed if the offender has been employed in	9923
this state for more than fourteen days or for an aggregate period	9924
of thirty or more days in any calendar year regardless of whether	9925
the offender resides or has temporary domicile in this state, the	9926
other state, or a different state.	9927

(5) A person who is adjudicated a delinquent child for	9928
committing a child-victim oriented offense is not required to	9929
register under division (A)(2) of this section unless the	9930
delinquent child committed the offense on or after July 31, 2003,	9931
is classified a juvenile offender registrant by a juvenile court	9932
judge pursuant to an order issued under section 2152.82, 2152.83,	9933
2152.84, or 2152.85 of the Revised Code based on that	9934
adjudication, and has a duty to register pursuant to division	9935
(A)(2) of this section.	9936

(B) An offender or delinquent child who is required by	9937
division (A) of this section to register in this state personally	9938
shall do so in the manner described in division (B) of section	9939
2950.04 of the Revised Code, and the registration is complete as	9940
described in that division.	9941

(C) The registration form to be used under divisions (A) and	9942
(B) of this section shall include the photograph of the offender	9943
or delinquent child who is registering and shallor contain all of	9944
the following for the offender or delinquent child who is	9945
registering:	9946

(1) The offender's or delinquent child's name, any aliases	9947
used by the offender or delinquent child, and a photograph of the	9948
offender or delinquent child;	9949

(2) The offender's or delinquent child's social security	9950
number and date of birth, including any alternate social security	9951
numbers or dates of birth that the offender or delinquent child	9952
has used or uses;	9953

(3) Regarding an offender or delinquent child who is	9954
registering under a duty imposed under division (A)(1) of this	9955
section, a statement that the offender is serving a prison term,	9956
term of imprisonment, or any other type of confinement or a	9957
statement that the delinquent child is in the custody of the	9958
department of youth services or is confined in a secure facility	9959
that is not operated by the department;	9960

(4) Regarding an offender or delinquent child who is	9961
registering under a duty imposed under division (A)(1), (2), (3),	9962
or (4) of this section as a result of the offender or delinquent	9963
child residing in this state or temporarily being domiciled in	9964
this state for more than fivethree days, all of the information	9965
described in division (C)(1)(4) of section 2950.04 of the Revised	9966
Code;	9967

(2)(5) Regarding an offender who is registering under a duty	9968
imposed under division (A)(1), (3),(2) or (4) of this section as a	9969
result of the offender attending a school or institution of higher	9970
education on a full-time or part-time basis or being employed in	9971
this state or in a particular county in this state, whichever is	9972
applicable, for more than fourteenthree days or for an aggregate	9973
of thirtyfourteen or more days in any calendar year, all of the	9974
information described in division (C)(2)(5) of section 2950.04 of	9975
the Revised Code;	9976

(3) Regarding an offender or delinquent child who is	9977
registering under a duty imposed under division (A)(1), (2), (3),	9978
or (4) of this section, if the offender has been adjudicated a	9979
child-victim predator relative to the child-victim oriented	9980
offense in question, if the delinquent child has been adjudicated	9981
a child-victim predator relative to the child-victim oriented	9982
offense in question and the court has not subsequently determined	9983
pursuant to section 2152.84 or 2152.85 of the Revised Code that	9984
the delinquent child no longer is a child-victim predator, if the	9985
offender or delinquent child is automatically classified a	9986
habitual child-victim offender under division (E) of section	9987
2950.091 of the Revised Code, or if the judge determined pursuant	9988
to division (C) or (E) of section 2950.091 or pursuant to section	9989
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the	9990
offender or delinquent child is a habitual child-victim offender	9991
and the determination has not been removed pursuant to section	9992
2152.84 or 2152.85 of the Revised Code, the offender or delinquent	9993
child shall include on the signed, written registration form all	9994
of the information described in division (C)(3) of section 2950.04	9995
of the Revised Code.	9996

(6) The identification license plate number issued by this	9997
state or any other state of each vehicle the offender or	9998
delinquent child owns, of each vehicle registered in the	9999
offender's or delinquent child's name, of each vehicle the	10000
offender or delinquent child operates as a part of employment, and	10001
of each other vehicle that is regularly available to be operated	10002
by the offender or delinquent child; a description of where each	10003
vehicle is habitually parked, stored, docked, or otherwise kept;	10004
and, if required by the bureau of criminal identification and	10005
investigation, a photograph of each of those vehicles;	10006

(7) If the offender or delinquent child has a driver's or	10007
commercial driver's license or permit issued by this state or any	10008
other state or a state identification card issued under section	10009
4507.50 or 4507.51 of the Revised Code or a comparable	10010
identification card issued by another state, the driver's license	10011
number, commercial driver's license number, or state	10012
identification card number;	10013

(8) If the offender or delinquent child was convicted of,	10014
pleaded guilty to, or was adjudicated a delinquent child for	10015
committing the child-victim oriented offense resulting in the	10016
registration duty in a court in another state, in a federal court,	10017
military court, or Indian tribal court, or in a court in any	10018
nation other than the United States, a DNA specimen, as defined in	10019
section 109.573 of the Revised Code, from the offender or	10020
delinquent child, a citation for, and the name of, the	10021
child-victim oriented offense resulting in the registration duty,	10022
and a certified copy of a document that describes the text of that	10023
child-victim oriented offense;	10024

(9) Copies of travel and immigration documents;

10025

(10) A description of each professional and occupational	10026
license, permit, or registration, including those licenses,	10027
permits, and registrations issued under Title XLVII of the Revised	10028
Code, held by the offender or delinquent child;	10029

(11) Any email addresses, internet identifiers, or telephone	10030
numbers registered to or used by the offender or delinquent child;	10031

(12) Any other information required by the bureau of criminal	10032
identification and investigation.	10033

(D) Division (D) of section 2950.04 of the Revised Code	10034
applies when an offender or delinquent child registers with a	10035
sheriff pursuant to this section.	10036

(E) No person who is required to register pursuant to	10037
divisions (A) and (B) of this section, and no person who is	10038
required to send a notice of intent to reside pursuant to division	10039
(G) of this section, shall fail to register or send the notice as	10040
required in accordance with those divisions or that division.	10041

(F) An offender or delinquent child who is required to	10042
register pursuant to divisions (A) and (B) of this section shall	10043
register pursuant to this section for the period of time specified	10044
in section 2950.07 of the Revised Code, with the duty commencing	10045
on the date specified in division (A) of that section.	10046

(G) If an offender or delinquent child who is required by	10047
division (A) of this section to register is adjudicated a	10048
child-victim predator or a habitual child-victim offender subject	10049
to community notification under division (C)(2) or (E) of section	10050
2950.091 of the Revised Codea tier III sex offender/child-victim	10051
offender, the offender or delinquent child also shall send the	10052
sheriff, or the sheriff's designee, of the county in which the	10053
offender or delinquent child intends to reside written notice of	10054
the offender's or delinquent child's intent to reside in the	10055
county. The offender or delinquent child shall send the notice of	10056
intent to reside at least twenty days prior to the date the	10057
offender or delinquent child begins to reside in the county. The	10058
notice of intent to reside shall contain all of the following	10059
information:	10060

(1) The information specified in divisions (G)(1) and (2) of	10061
section 2950.04 of the Revised Code;	10062

(2) The child-victim oriented offense of which the offender	10063
was convicted, to which the offender pleaded guilty, or for which	10064
the child was adjudicated a delinquent child;	10065

(3) A statement that the offender has been adjudicated a	10066
child-victim predator, a statement that the delinquent child has	10067
been adjudicated a child-victim predator and that, as of the date	10068
of the notice, the court has not entered a determination that the	10069
delinquent child no longer is a child-victim predator, or a	10070
statement that the sentencing or reviewing judge has determined	10071
that the offender or delinquent child is a habitual child-victim	10072
offender and that, as of the date of the notice, the determination	10073
has not been removed pursuant to section 2152.84 or 2152.85 of the	10074
Revised Code.	10075

(H) If, immediately prior to January 1, 2008, an offender or	10076
delinquent child who was convicted of, pleaded guilty to, or was	10077
adjudicated a delinquent child for committing a child-victim	10078
oriented offense or a sexually oriented offense as those terms	10079
were defined in section 2950.01 of the Revised Code prior to	10080
January 1, 2008, was required by division (A) of this section or	10081
section 2950.04 of the Revised Code to register and if, on or	10082
after January 1, 2008, that offense is a child-victim oriented	10083
offense as that term is defined in section 2950.01 of the Revised	10084
Code on and after January 1, 2008, the duty to register that is	10085
imposed pursuant to this section on and after January 1, 2008,	10086
shall be considered, for purposes of section 2950.07 of the	10087
Revised Code and for all other purposes, to be a continuation of	10088
the duty imposed upon the offender or delinquent child prior to	10089
January 1, 2008, under this section or section 2950.04 of the	10090
Revised Code.	10091

Sec. 2950.042. By January 1, 2008, the department of	10092
rehabilitation and correction, the adult parole authority, and the	10093
department of youth services shall adopt rules to require parole	10094
officers to verify within three days of an offender's or	10095
delinquent child's release that the offender or delinquent child	10096
has registered as provided in divisions (A)(2) and (3) of section	10097
2950.04 of the Revised Code or in divisions (A)(2) and (3) of	10098
section 2950.041 of the Revised Code, whichever is applicable.	10099

Sec. 2950.043.  If an offender or delinquent child registers	10100
with a sheriff pursuant to section 2950.04 or 2950.041 of the	10101
Revised Code on or after December 1, 2007, if the offender or	10102
delinquent child previously has not registered under either	10103
section with that sheriff or any other sheriff, and if the	10104
offender or delinquent child was convicted of, pleaded guilty to,	10105
or was classified a juvenile offender registrant relative to the	10106
sexually oriented offense or child-victim oriented offense upon	10107
which the registration was based prior to December 1, 2007, as	10108
soon as practicable after the registration, the sheriff shall	10109
contact the attorney general, inform the attorney general of the	10110
registration, and forward to the attorney general in the manner	10111
specified in division (D) of section 2950.04 of the Revised Code	10112
all of the information and material specified in that division.	10113
Upon being informed of the registration and receiving the	10114
information and material, the attorney general shall comply with	10115
division (B) of section 2950.031 of the Revised Code.	10116

Sec. 2950.05.  (A) If an offender or delinquent child is	10117
required to register pursuant to division (A)(2), (3), or (4) of	10118
section 2950.04 or 2950.041 of the Revised Code, the offender or	10119
delinquent child, at least twenty days prior to changing the	10120
offender's or delinquent child's residence address, or the	10121
offender, at least twenty days prior to changing the address of	10122
the offender's school or institution of higher education and not	10123
later than five days after changing the address of the offender's	10124
place of employment, during the period during which the offender	10125
or delinquent child is required to register,if not a public	10126
registry-qualified juvenile offender registrant shall provide	10127
written notice of theany change of residence address, and the	10128
offender and public registry-qualified juvenile offender	10129
registrant shall provide notice of any change of residence,	10130
school, institution of higher education, or place of employment	10131
address change, as applicable, to the sheriff with whom the	10132
offender or delinquent child most recently registered the address	10133
under division (A)(2), (3), or (4) of section 2950.04 or 2950.041	10134
of the Revised Code or under division (B) of this section. A	10135
written notice of a change of school, institution of higher	10136
education, or place of employment address also shall include the	10137
name of the new school, institution of higher education, or place	10138
of employment. The delinquent child if not a public	10139
registry-qualified juvenile offender registrant shall provide the	10140
written notice at least twenty days prior to changing the	10141
residence address, and the offender and public registry-qualified	10142
juvenile offender registrant shall provide the written notice at	10143
least twenty days prior to changing the address of the residence,	10144
school, or institution of higher education and not later than	10145
three days after changing the address of the place of employment.	10146
They shall provide the written notices during the period they are	10147
required to register. If a residence address change is not to a	10148
fixed address, the offender or delinquent child shall include in	10149
that notice a detailed description of the place or places at	10150
which the offender or delinquent child intends to stay and, not	10151
later than the end of the first business day immediately	10152
following the day on which the person obtains a fixed residence	10153
address, shall provide that sheriff written notice of that fixed	10154
residence address. If a person whose residence address change is	10155
not to a fixed address describes in a notice under this division	10156
the place or places at which the person intends to stay, for	10157
purposes of divisions (C) to (H)(I) of this section, sections	10158
2950.06 to 2950.13 of the Revised Code, and sections 311.171 and	10159
2919.24 of the Revised Code, the place or places so described in	10160
the notice shall be considered the person's residence address and	10161
registered residence address, until the person provides the	10162
written notice of a fixed residence address as described in this	10163
division.	10164

(B) If an offender or public registry-qualified juvenile	10165
offender registrant is required to provide notice of a residence,	10166
school, institution of higher education, or place of employment	10167
address change under division (A) of this section, or a	10168
delinquent child who is not a public registry-qualified juvenile	10169
offender registrant is required to provide notice of a residence	10170
address change under that division, the offender or delinquent	10171
child, at least twenty days prior to changing the residence,	10172
school, or institution of higher education address and not later	10173
than fivethree days after changing the place of employment	10174
address, as applicable, also shall register the new address in the	10175
manner, and using the form, described in divisions (B) and (C) of	10176
section 2950.04 or 2950.041 of the Revised Code, whichever is	10177
applicable, with the sheriff of the county in which the offender's	10178
or delinquent child's new address is located, subject to division	10179
(C) of this section. If a residence address change is not to a	10180
fixed address, the offender or delinquent child shall include in	10181
the registration a detailed description of the place or places at	10182
which the offender or delinquent child intends to stay and, not	10183
later than the end of the first business day immediately following	10184
the day on which the person obtains a fixed residence address,	10185
shall register with that sheriff that fixed residence address. If	10186
a person whose residence address change is not to a fixed address	10187
describes in a registration under this division the place or	10188
places at which the person intends to stay, for purposes of	10189
divisions (C) to (H)(I) of this section, sections 2950.06 to	10190
2950.13 of the Revised Code, and sections 311.171 and 2919.24 of	10191
the Revised Code, the place or places so described in the	10192
registration shall be considered the person's residence address	10193
and registered residence address, until the person registers a	10194
fixed residence address as described in this division.	10195

(C) Divisions (A) and (B) of this section apply to a person	10196
who is required to register pursuant to division (A)(2), (3), or	10197
(4) of section 2950.04 or 2950.041 of the Revised Code regardless	10198
of whether the new residence, school, institution of higher	10199
education, or place of employment address is in this state or in	10200
another state. If the new address is in another state, the person	10201
shall register with the appropriate law enforcement officials in	10202
that state in the manner required under the law of that state and	10203
within the earlier of the period of time required under the law of	10204
that state or at least seven days prior to changing the address.	10205

(D) If an offender or delinquent child who is a public	10206
registry-qualified juvenile offender registrant is required to	10207
register pursuant to division (A)(2), (3), or (4) of section	10208
2950.04 or 2950.041 of the Revised Code, the offender or public	10209
registry-qualified juvenile offender registrant shall provide	10210
written notice, within three days of the change, of any change in	10211
vehicle information, email addresses, internet identifiers, or	10212
telephone numbers registered to or used by the offender or	10213
registrant to the sheriff with whom the offender or registrant	10214
has most recently registered under division (A)(2), (3), or (4)	10215
of section 2950.04 or 2950.041 of the Revised Code.	10216

(E)(1) Upon receiving from an offender or delinquent child	10217
pursuant to division (A) of this section notice of a change of the	10218
offender's or public registry-qualified juvenile offender	10219
registrant's residence, school, institution of higher education,	10220
or place of employment address or the delinquent child's	10221
residence address of a delinquent child who is not a public	10222
registry-qualified juvenile offender registrant, a sheriff	10223
promptly shall forward the new address to the bureau of criminal	10224
identification and investigation in accordance with the	10225
forwarding procedures adopted pursuant to section 2950.13 of the	10226
Revised Code if the new address is in another state or, if the	10227
new address is located in another county in this state, to the	10228
sheriff of that county. Upon receiving from an offender or public	10229
registry-qualified juvenile offender registrant notice of vehicle	10230
and identifier changes pursuant to division (D) of this section,	10231
a sheriff promptly shall forward the new information to the	10232
bureau of criminal identification and investigation in accordance	10233
with the forwarding procedures adopted pursuant to section	10234
2950.13 of the Revised Code. The bureau shall include all	10235
information forwarded to it under this division in the state	10236
registry of sex offenders and child-victim offenders established	10237
and maintained under section 2950.13 of the Revised Code and	10238
shall forward notice of the offender's or delinquent child's new	10239
residence, school, institution of higher education, or place of	10240
employment address, as applicable, to the appropriate officials	10241
in the other state.	10242

(2) When an offender or public registry-qualified juvenile	10243
offender registrant registers a new residence, school,	10244
institution of higher education, or place of employment address or	10245
a delinquent child who is not a public registry-qualified	10246
juvenile offender registrant registers a new residence address	10247
pursuant to division (B) of this section, the sheriff with whom	10248
the offender or delinquent child registers and the bureau of	10249
criminal identification and investigation shall comply with	10250
division (D) of section 2950.04 or 2950.041 of the Revised Code,	10251
whichever is applicable.	10252

(E)(F)(1) No person who is required to notify a sheriff of a	10253
change of address pursuant to division (A) of this section or a	10254
change in vehicle information or identifiers pursuant to division	10255
(D) of this section shall fail to notify the appropriate sheriff	10256
in accordance with that division.	10257

(2) No person who is required to register a new residence,	10258
school, institution of higher education, or place of employment	10259
address with a sheriff or with an official of another state	10260
pursuant to divisions (B) and (C) of this section shall fail to	10261
register with the appropriate sheriff or official of the other	10262
state in accordance with those divisions.	10263

(F)(G)(1) It is an affirmative defense to a charge of a	10264
violation of division (E)(F)(1) of this section that it was	10265
impossible for the person to provide the written notice to the	10266
sheriff as required under division (A) of this section because of	10267
a lack of knowledge, on the date specified for the provision of	10268
the written notice, of a residence, school, institution of higher	10269
education, or place of employment address change, and that the	10270
person provided notice of the residence, school, institution of	10271
higher education, or place of employment address change to the	10272
sheriff specified in division (A) of this section as soon as	10273
possible, but not later than the end of the first business day,	10274
after learning of the address change by doing either of the	10275
following:	10276

(a) The person provided notice of the address change to the	10277
sheriff specified in division (A) of this section by telephone	10278
immediately upon learning of the address change or, if the person	10279
did not have reasonable access to a telephone at that time, as	10280
soon as possible, but not later than the end of the first business	10281
day, after learning of the address change and having reasonable	10282
access to a telephone, and the person, as soon as possible, but	10283
not later than the end of the first business day, after providing	10284
notice of the address change to the sheriff by telephone, provided	10285
written notice of the address change to that sheriff.	10286

(b) The person, as soon as possible, but not later than the	10287
end of the first business day, after learning of the address	10288
change, provided written notice of the address change to the	10289
sheriff specified in division (A) of this section.	10290

(2) It is an affirmative defense to a charge of a violation	10291
of division (E)(F)(2) of this section that it was impossible for	10292
the person to register the new address with the sheriff or the	10293
official of the other state as required under division (B) or (C)	10294
of this section because of a lack of knowledge, on the date	10295
specified for the registration of the new address, of a residence,	10296
school, institution of higher education, or place of employment	10297
address change, and that the person registered the new residence,	10298
school, institution of higher education, or place of employment	10299
address with the sheriff or the official of the other state	10300
specified in division (B) or (C) of this section as soon as	10301
possible, but not later than the end of the first business day,	10302
after learning of the address change by doing either of the	10303
following:	10304

(a) The person provided notice of the new address to the	10305
sheriff or official specified in division (B) or (C) of this	10306
section by telephone immediately upon learning of the new address	10307
or, if the person did not have reasonable access to a telephone at	10308
that time, as soon as possible, but not later than the end of the	10309
first business day, after learning of the new address and having	10310
reasonable access to a telephone, and the person, as soon as	10311
possible, but not later than the end of the first business day,	10312
after providing notice of the new address to the sheriff or	10313
official by telephone, registered the new address with that	10314
sheriff or official in accordance with division (B) or (C) of this	10315
section.	10316

(b) The person, as soon as possible, but not later than the	10317
end of the first business day, after learning of the new address,	10318
registered the new address with the sheriff or official specified	10319
in division (B) or (C) of this section, in accordance with that	10320
division.	10321

(G)(H) An offender or delinquent child who is required to	10322
comply with divisions (A), (B), and (C) of this section shall do	10323
so for the period of time specified in section 2950.07 of the	10324
Revised Code.	10325

(H)(I) As used in this section, and in all other sections of	10326
the Revised Code that refer to the duties imposed on an offender	10327
or delinquent child under this section relative to a change in	10328
the offender's or delinquent child's residence, school,	10329
institution of higher education, or place of employment address,	10330
"change in address" includes any circumstance in which the old	10331
address for the person in question no longer is accurate,	10332
regardless of whether the person in question has a new address.	10333

Sec. 2950.06.  (A) An offender or delinquent child who is	10334
required to register a residence address pursuant to division	10335
(A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised	10336
Code shall periodically verify the offender's or delinquent	10337
child's current residence address, and an offender or public	10338
registry-qualified juvenile offender registrant who is required	10339
to register a school, institution of higher education, or place of	10340
employment address pursuant to eitherany of those sections	10341
divisions shall periodically verify the address of the offender's	10342
or public registry-qualified juvenile offender registrant's	10343
current school, institution of higher education, or place of	10344
employment, in accordance with this section. The frequency of	10345
verification shall be determined in accordance with division (B)	10346
of this section, and the manner of verification shall be	10347
determined in accordance with division (C) of this section.	10348

(B) The frequency with which an offender or delinquent child	10349
must verify the offender's or delinquent child's current	10350
residence, school, institution of higher education, or place of	10351
employment address pursuant to division (A) of this section shall	10352
be determined as follows:	10353

(1) Regardless of when the sexually oriented offense or	10354
child-victim oriented offense for which the offender or delinquent	10355
child is required to register was committed, if the offender or	10356
delinquent child is a tier I sex offender/child-victim offender,	10357
the offender shall verify the offender's current residence address	10358
or current school, institution of higher education, or place of	10359
employment address, and the delinquent child shall verify the	10360
delinquent child's current residence address, in accordance with	10361
division (C) of this section every ninety days afteron each	10362
anniversary of the offender's or delinquent child's initial	10363
registration date during the period the offender or delinquent	10364
child is required to register if any of the following applies:	10365

(a) The offender or delinquent child is required to register	10366
based on a sexually oriented offense, and either the offender has	10367
been adjudicated a sexual predator relative to the sexually	10368
oriented offense, the delinquent child has been adjudicated a	10369
sexual predator relative to the sexually oriented offense and the	10370
court has not subsequently entered a determination pursuant to	10371
section 2152.84 or 2152.85 of the Revised Code that the delinquent	10372
child no longer is a sexual predator, or the offender is required	10373
to register as a result of an aggravated sexually oriented	10374
offense.	10375

(b) The offender or delinquent child is required to register	10376
based on a child-victim oriented offense, and either the offender	10377
has been adjudicated a child-victim predator relative to the	10378
child-victim oriented offense or the delinquent child has been	10379
adjudicated a child-victim predator relative to the child-victim	10380
oriented offense and the court has not subsequently entered a	10381
determination pursuant to section 2152.84 or 2152.85 of the	10382
Revised Code that the delinquent child no longer is a child-victim	10383
predator.	10384

(2) In all circumstances not described in division (B)(1) of	10385
this sectionRegardless of when the sexually oriented offense or	10386
child-victim oriented offense for which the offender or delinquent	10387
child is required to register was committed, if the offender or	10388
delinquent child is a tier II sex offender/child-victim offender,	10389
the offender shall verify the offender's current residence address	10390
or current school, institution of higher education, or place of	10391
employment address, and the delinquent child shall verify the	10392
delinquent child's current residence address, in accordance with	10393
division (C) of this section on each anniversary ofevery one	10394
hundred eighty days after the offender's or delinquent child's	10395
initial registration date during the period the offender or	10396
delinquent child is required to register.	10397

(3) Regardless of when the sexually oriented offense or	10398
child-victim oriented offense for which the offender or delinquent	10399
child is required to register was committed, if the offender or	10400
delinquent child is a tier III sex offender/child-victim offender,	10401
the offender shall verify the offender's current residence address	10402
or current school, institution of higher education, or place of	10403
employment address, and the delinquent child shall verify the	10404
delinquent child's current residence address and, if the	10405
delinquent child is a public registry-qualified juvenile offender	10406
registrant, the current school, institution of higher education,	10407
or place of employment address, in accordance with division (C)	10408
of this section every ninety days after the offender's or	10409
delinquent child's initial registration date during the period	10410
the offender or delinquent child is required to register.	10411

(4) If, prior to the effective date of this amendmentJanuary	10412
1, 2008, an offender or delinquent child registered with a sheriff	10413
under a duty imposed under section 2950.04 or 2950.041 of the	10414
Revised Code as a result of a conviction of, plea of guilty to, or	10415
adjudication as a delinquent child for committing a sexually	10416
oriented offense and if, on or after the effective date of this	10417
amendment, that offense no longer is a sexually oriented offense	10418
but instead isor a child-victim oriented offense as those terms	10419
were defined in section 2950.01 of the Revised Code prior to	10420
January 1, 2008, the duty to register that is imposed on the	10421
offender or delinquent child pursuant to section 2950.04 or	10422
2950.041 of the Revised Code on and after January 1, 2008, is a	10423
continuation of the duty imposed upon the offender prior to the	10424
effective date of this amendmentJanuary 1, 2008, under section	10425
2950.04 or 2950.041 of the Revised Code and, for purposes of	10426
divisions (B)(1) and, (2), and (3) of this section, the offender's	10427
initial registration date related to that offense is the date on	10428
which the offender initially registered under section 2950.04 or	10429
2950.041 of the Revised Code.	10430

(C)(1) An offender or delinquent child who is required to	10431
verify the offender's or delinquent child's current residence,	10432
school, institution of higher education, or place of employment	10433
address pursuant to division (A) of this section shall verify the	10434
address with the sheriff with whom the offender or delinquent	10435
child most recently registered the address by personally appearing	10436
before the sheriff or a designee of the sheriff, no earlier than	10437
ten days before the date on which the verification is required	10438
pursuant to division (B) of this section and no later than the	10439
date so required for verification, and completing and signing a	10440
copy of the verification form prescribed by the bureau of criminal	10441
identification and investigation. The sheriff or designee shall	10442
sign the completed form and indicate on the form the date on which	10443
it is so completed. The verification required under this division	10444
is complete when the offender or delinquent child personally	10445
appears before the sheriff or designee and completes and signs the	10446
form as described in this division.	10447

(2) To facilitate the verification of an offender's or	10448
delinquent child's current residence, school, institution of	10449
higher education, or place of employment address, as applicable,	10450
under division (C)(1) of this section, the sheriff with whom the	10451
offender or delinquent child most recently registered the address	10452
may mail a nonforwardable verification form prescribed by the	10453
bureau of criminal identification and investigation to the	10454
offender's or delinquent child's last reported address and to the	10455
last reported address of the parents of the delinquent child, with	10456
a notice that conspicuously states that the offender or delinquent	10457
child must personally appear before the sheriff or a designee of	10458
the sheriff to complete the form and the date by which the form	10459
must be so completed. Regardless of whether a sheriff mails a form	10460
to an offender or delinquent child and that child's parents, each	10461
offender or delinquent child who is required to verify the	10462
offender's or delinquent child's current residence, school,	10463
institution of higher education, or place of employment address,	10464
as applicable, pursuant to division (A) of this section shall	10465
personally appear before the sheriff or a designee of the sheriff	10466
to verify the address in accordance with division (C)(1) of this	10467
section.	10468

(D) The verification form to be used under division (C) of	10469
this section shall contain all of the following:	10470

(1) Except as provided in division (D)(2) of this section,	10471
the current residence address of the offender or delinquent child,	10472
the name and address of the offender's or delinquent child's	10473
employer if the offender or delinquent child is employed at the	10474
time of verification or if the offender or delinquent child knows	10475
at the time of verification that the offender or delinquent child	10476
will be commencing employment with that employer subsequent to	10477
verification, the name and address of the offender's or public	10478
registry-qualified juvenile offender registrant's school or	10479
institution of higher education if the offender or public	10480
registry-qualified juvenile offender registrant attends one at the	10481
time of verification or if the offender or public	10482
registry-qualified juvenile offender registrant knows at the time	10483
of verification that the offender will be commencing attendance	10484
at that school or institution subsequent to verification, and any	10485
other information required by the bureau of criminal	10486
identification and investigation.	10487

(2) Regarding an offender or public registry-qualified	10488
juvenile offender registrant who is verifying a current school,	10489
institution of higher education, or place of employment address,	10490
the name and current address of the school, institution of higher	10491
education, or place of employment of the offender or public	10492
registry-qualified juvenile offender registrant and any other	10493
information required by the bureau of criminal identification and	10494
investigation.	10495

(E) Upon an offender's or delinquent child's personal	10496
appearance and completion of a verification form under division	10497
(C) of this section, a sheriff promptly shall forward a copy of	10498
the verification form to the bureau of criminal identification and	10499
investigation in accordance with the forwarding procedures adopted	10500
by the attorney general pursuant to section 2950.13 of the Revised	10501
Code. If an offender or public registry-qualified juvenile	10502
offender registrant verifies a school, institution of higher	10503
education, or place of employment address, or provides a school or	10504
institution of higher education address under division (D)(1) of	10505
this section, the sheriff also shall provide notice to the law	10506
enforcement agency with jurisdiction over the premises of the	10507
school, institution of higher education, or place of employment of	10508
the offender's or public registry-qualified juvenile offender	10509
registrant's name and that the offender or public	10510
registry-qualified juvenile offender registrant has verified or	10511
provided that address as a place at which the offender or public	10512
registry-qualified juvenile offender registrant attends school or	10513
an institution of higher education or at which the offender or	10514
public registry-qualified juvenile offender registrant is	10515
employed. The bureau shall include all information forwarded to it	10516
under this division in the state registry of sex offenders and	10517
child-victim offenders established and maintained under section	10518
2950.13 of the Revised Code.	10519

(F) No person who is required to verify a current residence,	10520
school, institution of higher education, or place of employment	10521
address, as applicable, pursuant to divisions (A) to (C) of this	10522
section shall fail to verify a current residence, school,	10523
institution of higher education, or place of employment address,	10524
as applicable, in accordance with those divisions by the date	10525
required for the verification as set forth in division (B) of this	10526
section, provided that no person shall be prosecuted or subjected	10527
to a delinquent child proceeding for a violation of this division,	10528
and that no parent, guardian, or custodian of a delinquent child	10529
shall be prosecuted for a violation of section 2919.24 of the	10530
Revised Code based on the delinquent child's violation of this	10531
division, prior to the expiration of the period of time specified	10532
in division (G) of this section.	10533

(G)(1) If an offender or delinquent child fails to verify a	10534
current residence, school, institution of higher education, or	10535
place of employment address, as applicable, as required by	10536
divisions (A) to (C) of this section by the date required for the	10537
verification as set forth in division (B) of this section, the	10538
sheriff with whom the offender or delinquent child is required to	10539
verify the current address, on the day following that date	10540
required for the verification, shall send a written warning to the	10541
offender or to the delinquent child and that child's parents, at	10542
the offender's or delinquent child's and that child's parents'	10543
last known residence, school, institution of higher education, or	10544
place of employment address, as applicable, regarding the	10545
offender's or delinquent child's duty to verify the offender's or	10546
delinquent child's current residence, school, institution of	10547
higher education, or place of employment address, as applicable.	10548

The written warning shall do all of the following:

10549

(a) Identify the sheriff who sends it and the date on which	10550
it is sent;	10551

(b) State conspicuously that the offender or delinquent child	10552
has failed to verify the offender's or public registry-qualified	10553
juvenile offender registrant's current residence, school,	10554
institution of higher education, or place of employment address or	10555
the delinquent child's current residence address of a delinquent	10556
child who is not a public registry-qualified juvenile offender	10557
registrant by the date required for the verification;	10558

(c) Conspicuously state that the offender or delinquent child	10559
has seven days from the date on which the warning is sent to	10560
verify the current residence, school, institution of higher	10561
education, or place of employment address, as applicable, with the	10562
sheriff who sent the warning;	10563

(d) Conspicuously state that a failure to timely verify the	10564
specified current address or addresses is a felony offense;	10565

(e) Conspicuously state that, if the offender or public	10566
registry-qualified juvenile offender registrant verifies the	10567
current residence, school, institution of higher education, or	10568
place of employment address or the delinquent child who is not a	10569
public registry-qualified juvenile offender registrant verifies	10570
the current residence address with that sheriff within that	10571
seven-day period, the offender or delinquent child will not be	10572
prosecuted or subjected to a delinquent child proceeding for a	10573
failure to timely verify a current address and the delinquent	10574
child's parent, guardian, or custodian will not be prosecuted	10575
based on a failure of the delinquent child to timely verify an	10576
address;	10577

(f) Conspicuously state that, if the offender or public	10578
registry-qualified juvenile offender registrant does not verify	10579
the current residence, school, institution of higher education, or	10580
place of employment address or the delinquent child verifieswho	10581
is not a public registry-qualified juvenile offender registrant	10582
does not verify the current residence address with that sheriff	10583
within that seven-day period, the offender or delinquent child	10584
will be arrested or taken into custody, as appropriate, and	10585
prosecuted or subjected to a delinquent child proceeding for a	10586
failure to timely verify a current address and the delinquent	10587
child's parent, guardian, or custodian may be prosecuted for a	10588
violation of section 2919.24 of the Revised Code based on the	10589
delinquent child's failure to timely verify a current residence	10590
address.	10591

(2) If an offender or delinquent child fails to verify a	10592
current residence, school, institution of higher education, or	10593
place of employment address, as applicable, as required by	10594
divisions (A) to (C) of this section by the date required for the	10595
verification as set forth in division (B) of this section, the	10596
offender or delinquent child shall not be prosecuted or subjected	10597
to a delinquent child proceeding for a violation of division (F)	10598
of this section, and the delinquent child's parent, guardian, or	10599
custodian shall not be prosecuted for a violation of section	10600
2919.24 of the Revised Code based on the delinquent child's	10601
failure to timely verify a current residence address and, if the	10602
delinquent child is a public registry-qualified juvenile offender	10603
registrant, the current school, institution of higher education,	10604
or place of employment address, as applicable, unless the	10605
seven-day period subsequent to that date that the offender or	10606
delinquent child is provided under division (G)(1) of this section	10607
to verify the current address has expired and the offender or	10608
delinquent child, prior to the expiration of that seven-day	10609
period, has not verified the current address. Upon the expiration	10610
of the seven-day period that the offender or delinquent child is	10611
provided under division (G)(1) of this section to verify the	10612
current address, if the offender or delinquent child has not	10613
verified the current address, all of the following apply:	10614

(a) The sheriff with whom the offender or delinquent child is	10615
required to verify the current residence, school, institution of	10616
higher education, or place of employment address, as applicable,	10617
promptly shall notify the bureau of criminal identification and	10618
investigation of the failure.	10619

(b) The sheriff with whom the offender or delinquent child is	10620
required to verify the current residence, school, institution of	10621
higher education, or place of employment address, as applicable,	10622
the sheriff of the county in which the offender or delinquent	10623
child resides, the sheriff of the county in which is located the	10624
offender's or public registry-qualified juvenile offender	10625
registrant's school, institution of higher education, or place of	10626
employment address that was to be verified, or a deputy of the	10627
appropriate sheriff, shall locate the offender or delinquent	10628
child, promptly shall seek a warrant for the arrest or taking into	10629
custody, as appropriate, of the offender or delinquent child for	10630
the violation of division (F) of this section and shall arrest the	10631
offender or take the child into custody, as appropriate.	10632

(c) The offender or delinquent child is subject to	10633
prosecution or a delinquent child proceeding for the violation of	10634
division (F) of this section, and the delinquent child's parent,	10635
guardian, or custodian may be subject to prosecution for a	10636
violation of section 2919.24 of the Revised Code based on the	10637
delinquent child's violation of that division.	10638

(H) An offender or public registry-qualified juvenile	10639
offender registrant who is required to verify the offender's or	10640
public registry-qualified juvenile offender registrant's current	10641
residence, school, institution of higher education, or place of	10642
employment address pursuant to divisions (A) to (C) of this	10643
section and a delinquent child who is not a public	10644
registry-qualified juvenile offender registrant who is required to	10645
verify the delinquent child's current residence address pursuant	10646
to those divisions shall do so for the period of time specified	10647
in section 2950.07 of the Revised Code.	10648

Sec. 2950.07.  (A) The duty of an offender who is convicted	10649
of or, pleads guilty to, or has been convicted of, or has pleaded	10650
guilty to, either a sexually oriented offense that is not a	10651
registration-exempt sexually oriented offense or a child-victim	10652
oriented offense and the duty of a delinquent child who is or has	10653
been adjudicated a delinquent child for committing either a	10654
sexually oriented offense that is not a registration-exempt	10655
sexually oriented offense or a child-victim oriented offense and	10656
is classified a juvenile offender registrant or who is an	10657
out-of-state juvenile offender registrant to comply with sections	10658
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	10659
commences on whichever of the following dates is applicable:	10660

(1) If the offender's duty to register is imposed pursuant to	10661
division (A)(1)(a) of section 2950.04 or division (A)(1)(a) of	10662
section 2950.041 of the Revised Code, the offender's duty to	10663
comply with those sections commences immediately after the entry	10664
of the judgment of conviction.	10665

(2) If the delinquent child's duty to register is imposed	10666
pursuant to division (A)(1)(b) of section 2950.04 or division	10667
(A)(1)(b) of section 2950.041 of the Revised Code, the delinquent	10668
child's duty to comply with those sections commences immediately	10669
after the order of disposition.	10670

(3) If the offender's duty to register is imposed pursuant to	10671
division (A)(1)(a)(2) of section 2950.04 or division (A)(1)(a)(2)	10672
of section 2950.041 of the Revised Code, subject to division	10673
(A)(7) of this section, the offender's duty to comply with those	10674
sections commences regarding residence addresses on the date of	10675
the offender's release from a prison term, a term of imprisonment,	10676
or any other type of confinement or on July 1, 1997, for a duty	10677
under section 2950.04 or the effective date of this amendment for	10678
a duty under section 2950.041 of the Revised Code, whichever is	10679
later, and commences regarding addresses of schools, institutions	10680
of higher education, and places of employment on the date of the	10681
offender's release from a prison term, term of imprisonment, or	10682
any other type of confinement or on the effective date of this	10683
amendment, whichever is later.	10684

(2) If the offender's duty to register is imposed pursuant to	10685
division (A)(1)(b) of section 2950.04 or division (A)(1)(b) of	10686
section 2950.041 of the Revised Code, the offender's duty to	10687
comply with those sections commences regarding residence	10688
addresses, or if the offender is not sentenced to a prison term, a	10689
term of imprisonment, or any other type of confinement, on the	10690
date of the entry of the judgment of conviction of the sexually	10691
oriented offense or child-victim oriented offense or on July 1,	10692
1997, for a duty under section 2950.04 or the effective date of	10693
this amendment for a duty under section 2950.041 of the Revised	10694
Code, whichever is later, and commences regarding addresses of	10695
schools, institutions of higher education, and places of	10696
employment on the date of entry of the judgment of conviction of	10697
the sexually oriented offense or child-victim oriented offense or	10698
on the effective date of this amendment, whichever is later.	10699

(3) If the offender's duty to register is imposed pursuant to	10700
division (A)(1)(c) of section 2950.04 of the Revised Code, the	10701
offender's duty to comply with those sections commences regarding	10702
residence addresses fourteen days after July 1, 1997, and	10703
commences regarding addresses of schools, institutions of higher	10704
education, and places of employment fourteen days after the	10705
effective date of this amendment.	10706

(4) If the offender's or delinquent child's duty to register	10707
is imposed pursuant to division (A)(3)(a) or (b)(4) of section	10708
2950.04 or division (A)(3)(a) or (b)(4) of section 2950.041 of the	10709
Revised Code, the offender's duty to comply with those sections	10710
commences regarding residence addresses on the date that the	10711
offender begins to reside or becomes temporarily domiciled in this	10712
state or on March 30, 1999, for a duty under section 2950.04 of	10713
the Revised Code or the effective date of this amendment for a	10714
duty under section 2950.041 of the Revised Code, whichever is	10715
later, the offender's duty regarding addresses of schools,	10716
institutions of higher education, and places of employment	10717
commences on the effective date of this amendment or on the date	10718
the offender begins attending any school or institution of higher	10719
education in this state on a full-time or part-time basis or	10720
becomes employed in this state, whichever is later, and the	10721
delinquent child's duty commences on the date the delinquent child	10722
begins to reside or becomes temporarily domiciled in this state or	10723
on January 1, 2002, for a duty under section 2950.04 of the	10724
Revised Code or the effective date of this amendment for a duty	10725
under section 2950.041 of the Revised Code, whichever is later.	10726

(5) If the delinquent child's duty to register is imposed	10727
pursuant to division (A)(2)(3) of section 2950.04 or division	10728
(A)(2)(a)(3) of section 2950.041 of the Revised Code, if the	10729
delinquent child's classification as a juvenile offender	10730
registrant is made at the time of the child's disposition for that	10731
sexually oriented offense or child-victim oriented offense,	10732
whichever is applicable, and if the delinquent child is committed	10733
for the sexually oriented offense or child-victim oriented offense	10734
to the department of youth services or to a secure facility that	10735
is not operated by the department, the delinquent child's duty to	10736
comply with those sections commences on the date of the delinquent	10737
child's discharge or release from custody in the department of	10738
youth services secure facility or from the secure facility not	10739
operated by the department as described in that division.	10740

(6) If the delinquent child's duty to register is imposed	10741
pursuant to division (A)(2)(3) of section 2950.04 or division	10742
(A)(2)(a)(3) of section 2950.041 of the Revised Code and if either	10743
the delinquent child's classification as a juvenile offender	10744
registrant is made at the time of the child's disposition for that	10745
sexually oriented offense or child-victim oriented offense,	10746
whichever is applicable, and the delinquent child is not committed	10747
for the sexually oriented offense or child-victim oriented offense	10748
to the department of youth services or to a secure facility that	10749
is not operated by the department or the child's classification as	10750
a juvenile offender registrant is made pursuant to sections	10751
section 2152.83 or division (A)(2) of section 2152.86 of the	10752
Revised Code, subject to divisions (A)(7) of this section, the	10753
delinquent child's duty to comply with those sections commences on	10754
the date of entry of the court's order that classifies the	10755
delinquent child a juvenile offender registrant.	10756

(7) If the offender's or delinquent child's duty to register	10757
is imposed pursuant to division (A)(2), (3), or (4) of section	10758
2950.04 or section 2950.041 of the Revised Code and if the	10759
offender or delinquent child prior to January 1, 2008, has	10760
registered a residence, school, institution of higher education,	10761
or place of employment address pursuant to section 2950.04,	10762
2950.041, or 2950.05 of the Revised Code as they existed prior to	10763
that date, the offender or delinquent child initially shall	10764
register in accordance with section 2950.04 or 2950.041 of the	10765
Revised Code, whichever is applicable, as it exists on and after	10766
January 1, 2008, not later than the earlier of the dates	10767
specified in divisions (A)(7)(a) and (b) of this section. The	10768
offender's or delinquent child's duty to comply thereafter with	10769
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	10770
Code as they exist on and after January 1, 2008, commences on the	10771
date of that initial registration. The offender or delinquent	10772
child initially shall register under section 2950.04 or 2950.041	10773
of the Revised Code as it exists on and after January 1, 2008,	10774
not later than the earlier of the following:	10775

(a) The date that is six months after the date on which the	10776
offender or delinquent child received a registered letter from the	10777
attorney general under division (A)(2) or (B) of section 2950.031	10778
of the Revised Code;	10779

(b) The earlier of the date on which the offender or	10780
delinquent child would be required to verify a previously	10781
registered address under section 2950.06 of the Revised Code as it	10782
exists on and after January 1, 2008, or, if the offender or	10783
delinquent child has changed a previously registered address, the	10784
date on which the offender or delinquent child would be required	10785
to register a new residence, school, institution of higher	10786
education, or place of employment address under section 2950.05 of	10787
the Revised Code as it exists on and after January 1, 2008.	10788

(8) If the offender's or delinquent child's duty to register	10789
iswas imposed pursuant to division (A)(1)(c) of section 2950.04	10790
or 2950.041 of the Revised Code as they existed prior to January	10791
1, 2008, the offender's or delinquent child's duty to comply with	10792
those sections regarding residence addressessections 2950.04,	10793
2950.041, 2950.05, and 2950.06 of the Revised Code as they exist	10794
on and after January 1, 2008, is a continuation of the offender's	10795
or delinquent child's former duty to register regarding residence	10796
addresses imposed prior to the effective date of this amendment	10797
January 1, 2008, under section 2950.04 or 2950.041 of the Revised	10798
Code and shall be considered for all purposes as having commenced	10799
on the date that the offender's former duty under that section	10800
commenced. The offender's duty to comply with those sections	10801
commences regarding addresses of schools, institutions of higher	10802
education, and places of employment on the effective date of this	10803
amendment.	10804

(8) If the delinquent child's duty to register is imposed	10805
pursuant to division (A)(2)(b) of section 2950.041 of the Revised	10806
Code, the delinquent child's duty to comply with those sections is	10807
a continuation of the delinquent child's former duty to register	10808
imposed prior to the effective date of this amendment under	10809
section 2950.04 of the Revised Code and shall be considered for	10810
all purposes as having commenced on the date that the delinquent	10811
child's former duty under that section commenced or commences.	10812

(B) The duty of an offender who is convicted of or, pleads	10813
guilty to, or has been convicted of, or has pleaded guilty to,	10814
either a sexually oriented offense that is not a	10815
registration-exempt sexually oriented offense or a child-victim	10816
oriented offense and the duty of a delinquent child who is or has	10817
been adjudicated a delinquent child for committing either a	10818
sexually oriented offense that is not a registration-exempt	10819
sexually oriented offense or a child-victim oriented offense and	10820
is classified a juvenile offender registrant or who is an	10821
out-of-state juvenile offender registrant to comply with sections	10822
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	10823
continues, after the date of commencement, for whichever of the	10824
following periods is applicable:	10825

(1) Except as otherwise provided in this division, if the	10826
offense is a sexually oriented offense that is not a	10827
registration-exempt sexually oriented offense and theperson is an	10828
offender or delinquent child has been adjudicated a sexual	10829
predatorwho is a tier III sex offender/child-victim offender	10830
relative to the sexually oriented offense or child-victim oriented	10831
offense, if the person is a delinquent child who is a tier III sex	10832
offender/child-victim offender relative to the sexually oriented	10833
offense or child-victim oriented offense, or if the person is a	10834
delinquent child who is a public registry-qualified juvenile	10835
offender registrant relative to the sexually oriented offense, if	10836
the offense is a sexually oriented offense and the offender has	10837
the duty to register as a result of an aggravated sexually	10838
oriented offense, or if the offense is a child-victim oriented	10839
offense and the offender or delinquent child has been adjudicated	10840
a child-victim predator relative to the child-victim oriented	10841
offense, the offender's or delinquent child's duty to comply with	10842
those sections continues until the offender's or delinquent	10843
child's death. Regarding a delinquent child who has been	10844
adjudicated a sexual predator relative to the sexually oriented	10845
offense or who has been adjudicated a child-victim predator	10846
relative to the child-victim oriented offensewho is a tier III	10847
sex offender/child-victim offender relative to the offense but is	10848
not a public registry-qualified juvenile offender registrant	10849
relative to the offense, if the judge who made the disposition for	10850
the delinquent child or that judge's successor in office	10851
subsequently enters a determination pursuant to section 2152.84 or	10852
2152.85 of the Revised Code that the delinquent child no longer	10853
is a sexual predator or child-victim predatortier III sex	10854
offender/child-victim offender, the delinquent child's duty to	10855
comply with those sections continues for the period of time that	10856
otherwise would have beenis applicable to the delinquent child	10857
under division (B)(2) or (3) of this section, based on the	10858
reclassification of the child pursuant to section 2152.84 or	10859
21562.85 of the Revised Code as a tier I sex offender/child-victim	10860
offender or a tier II sex offender/child-victim offender. In no	10861
case shall the lifetime duty to comply that is imposed under this	10862
division on an offender who is adjudicated a sexual predator or is	10863
adjudicated a child-victim predator or is imposed under this	10864
division for an aggravated sexually oriented offense, or the	10865
adjudication, classification, or conviction that subjects the	10866
offender to this division,a tier III sex offender/child-victim	10867
offender be removed or terminated. A delinquent child who is a	10868
public registry-qualified juvenile offender registrant may have	10869
the lifetime duty to register terminated only pursuant to section	10870
2950.15 of the Revised Code.	10871

(2) If the judge who sentenced the offender or made the	10872
disposition for the delinquent child for committing the sexually	10873
oriented offense that is not a registration-exempt sexually	10874
oriented offense or the child-victim oriented offense, or the	10875
successor in office of the juvenile court judge who made the	10876
delinquent child disposition, determined pursuant to division (E)	10877
of section 2950.09 or 2950.091 or pursuant to division (B) of	10878
section 2152.83, section 2152.84, or section 2152.85 of the	10879
Revised Code that theperson is an offender or delinquent child	10880
who is a habitual sex offender or a habitual child-victim	10881
offender, or if the offender or delinquent child is automatically	10882
classified a habitual child-victim offender pursuant to division	10883
(E) of section 2950.091 of the Revised Codetier II sex	10884
offender/child-victim offender relative to the sexually oriented	10885
offense or child-victim oriented offense, the offender's duty to	10886
comply with those sections continues either until the offender's	10887
death or for twenty years, determined as provided in this	10888
division, and the delinquent child's duty to comply with those	10889
sections continues for twentytwenty-five years. IfExcept as	10890
otherwise provided in this division, if the person is a delinquent	10891
child who is a tier II sex offender/child-victim offender relative	10892
to the sexually oriented offense or child-victim oriented offense,	10893
the delinquent child's duty to comply with those sections	10894
continues for twenty years. Regarding a delinquent child is so	10895
determined or classified to be a habitual sex offender or a	10896
habitual child-victim offender andwho is a tier II sex	10897
offender/child-victim offender relative to the offense but is not	10898
a public registry-qualified juvenile offender registrant relative	10899
to the offense, if the judge who made the disposition for the	10900
delinquent child or that judge's successor in office subsequently	10901
enters a determination pursuant to section 2152.84 or 2152.85 of	10902
the Revised Code that the delinquent child no longer is a habitual	10903
sex offender or habitual child-victim offendertier II sex	10904
offender/child-victim offender but remains a juvenile offender	10905
registrant, the delinquent child's duty to comply with those	10906
sections continues for the period of time that otherwise would	10907
have beenis applicable to the delinquent child under division	10908
(B)(3) of this section, based on the reclassification of the child	10909
pursuant to section 2152.84 or 2152.85 of the Revised Code as a	10910
tier I sex offender/child-victim offender. Except as otherwise	10911
provided in this division, the offender's duty to comply with	10912
those sections continues until the offender's death. If a lifetime	10913
duty to comply is imposed under this division on an offender, in	10914
no case shall that lifetime duty, or the determination that	10915
subjects the offender to this division, be removed or terminated.	10916
The offender's duty to comply with those sections continues for	10917
twenty years if the offender is a habitual sex offender and both	10918
of the following apply:	10919

(a) At least one of the sexually oriented offenses of which	10920
the offender has been convicted or to which the offender has	10921
pleaded guilty and that are included in the habitual sex offender	10922
determination is a violation of division (A)(1) or (5) of section	10923
2907.06 of the Revised Code involving a victim who is eighteen	10924
years of age or older, a violation of division (A), (B), or (E) of	10925
section 2907.08 of the Revised Code involving a victim who is	10926
eighteen years of age or older, or a violation of section 2903.211	10927
of the Revised Code that is a misdemeanor;	10928

(b) The total of all the sexually oriented offenses of which	10929
the offender has been convicted or to which the offender has	10930
pleaded guilty and that are included in the habitual sex offender	10931
determination does not include at least two sexually oriented	10932
offenses that are not described in division (B)(2)(a) of this	10933
section.	10934

(3) If neither division (B)(1) nor (B)(2) of this section	10935
appliesExcept as otherwise provided in this division, if the	10936
person is an offender who is a tier I sex offender/child-victim	10937
offender relative to the sexually oriented offense or child-victim	10938
oriented offense, the offender's or delinquent child's duty to	10939
comply with those sections continues for tenfifteen years. If	10940
Except as otherwise provided in this division, if the person is a	10941
delinquent child who is a tier I sex offender/child-victim	10942
offender relative to the sexually oriented offense or child-victim	10943
oriented offense, the delinquent child's duty to comply with those	10944
sections continues for ten years. Regarding a delinquent child who	10945
is classified pursuant to section 2152.82 or 2152.83 of the	10946
Revised Code a juvenile offender registrant and a tier I sex	10947
offender/child-victim offender but is not a public	10948
registry-qualified juvenile offender registrant, if the judge who	10949
made the disposition for the delinquent child or that judge's	10950
successor in office subsequently enters a determination pursuant	10951
to section 2152.84 or 2152.85 of the Revised Code that the	10952
delinquent child no longer is to be classified a juvenile offender	10953
registrant, the delinquent child's duty to comply with those	10954
sections terminates upon the court's entry of the determination. A	10955
person who is an offender who is a tier I sex	10956
offender/child-victim offender may have the fifteen-year duty to	10957
register terminated only pursuant to section 2950.15 of the	10958
Revised Code.	10959

(C)(1) If an offender has been convicted of or pleaded guilty	10960
to a sexually oriented offense that is not a registration-exempt	10961
sexually oriented offense and the offender subsequently is	10962
convicted of or pleads guilty to another sexually oriented offense	10963
or a child-victim oriented offense, if an offender has been	10964
convicted of or pleaded guilty to a child-victim oriented offense	10965
and the offender subsequently is convicted of or pleads guilty to	10966
another child-victim oriented offense or a sexually oriented	10967
offense, if a delinquent child has been adjudicated a delinquent	10968
child for committing a sexually oriented offense that is not a	10969
registration-exempt sexually oriented offense and is classified a	10970
juvenile offender registrant or is an out-of-state juvenile	10971
offender registrant and the child subsequently is adjudicated a	10972
delinquent child for committing another sexually oriented offense	10973
or a child-victim oriented offense and is classified a juvenile	10974
offender registrant relative to that offense or subsequently is	10975
convicted of or pleads guilty to another sexually oriented offense	10976
or a child-victim oriented offense, or if a delinquent child has	10977
been adjudicated a delinquent child for committing a child-victim	10978
oriented offense and is classified a juvenile offender registrant	10979
or is an out-of-state juvenile offender registrant and the child	10980
subsequently is adjudicated a delinquent child for committing	10981
another child-victim oriented offense or a sexually oriented	10982
offense and is classified a juvenile offender registrant relative	10983
to that offense or subsequently is convicted of or pleads guilty	10984
to another child-victim oriented offense or a sexually oriented	10985
offense, the period of time for which the offender or delinquent	10986
child must comply with the sections specified in division (A) of	10987
this section shall be separately calculated pursuant to divisions	10988
(A)(1) to (8) and (B)(1) to (3) of this section for each of the	10989
sexually oriented offenses and child-victim oriented offenses, and	10990
the offender or delinquent child shall comply with each separately	10991
calculated periodsperiod of time shall be complied with	10992
independently.	10993

If a delinquent child has been adjudicated a delinquent child	10994
for committing either a sexually oriented offense that is not a	10995
registration-exempt sexually oriented offense or a child-victim	10996
oriented offense, is classified a juvenile offender registrant or	10997
is an out-of-state juvenile offender registrant relative to the	10998
that offense, and, after attaining eighteen years of age,	10999
subsequently is convicted of or pleads guilty to another sexually	11000
oriented offense or child-victim oriented offense, the subsequent	11001
conviction or guilty plea does not limit, affect, or supersede the	11002
duties imposed upon the delinquent child under this chapter	11003
relative to the delinquent child's classification as a juvenile	11004
offender registrant or as an out-of-state juvenile offender	11005
registrant, and the delinquent child shall comply with both those	11006
duties and the duties imposed under this chapter relative to the	11007
subsequent conviction or guilty plea.	11008

(2) If a delinquent child has been adjudicated a delinquent	11009
child for committing on or after January 1, 2002, either a	11010
sexually oriented offense that is not a registration-exempt	11011
sexually oriented offense or a child-victim oriented offense and	11012
is classified a juvenile offender registrant relative to the	11013
offense, if the order containing the classification also contains	11014
a determination by the juvenile judge that the child is a sexual	11015
predator or a habitual sex offender or that the child is a	11016
child-victim predator or a habitual child-victim offender, and if	11017
the juvenile judge or the judge's successor in office subsequently	11018
determinesreclassifies the offense tier in which the child is	11019
classified pursuant to section 2152.84 or 2152.85 of the Revised	11020
Code that the delinquent child no longer is a sexual predator or	11021
habitual sex offender or no longer is a child-victim predator or	11022
habitual child-victim offender, whichever is applicable, the	11023
judge's subsequent determination to reclassify the child does not	11024
affect the date of commencement of the delinquent child's duty to	11025
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	11026
the Revised Code as determined under division (A) of this section.	11027
The child's duty to comply with those sections after the	11028
reclassification is a continuation of the child's duty to comply	11029
with the sections that was in effect prior to the	11030
reclassification, and the duty shall continue for the period of	11031
time specified in division (B)(1), (2), or (3) of this section,	11032
whichever is applicable.	11033

If, prior to January 1, 2008, an offender had a duty to	11034
comply with the sections specified in division (A) of this section	11035
as a result of a conviction of or plea of guilty to a sexually	11036
oriented offense or child-victim oriented offense as those terms	11037
were defined in section 2950.01 of the Revised Code prior to	11038
January 1, 2008, or a delinquent child had a duty to comply with	11039
those sections as a result of an adjudication as a delinquent	11040
child for committing one of those offenses as they were defined	11041
prior to January 1, 2008, the period of time specified in division	11042
(B)(1), (2), or (3) of this section on and after January 1, 2008,	11043
for which a person must comply with sections 2950.04, 2950.041,	11044
2950.05, and 2950.06 of the Revised Code applies to the person,	11045
automatically replaces the period of time for which the person had	11046
to comply with those sections prior to January 1, 2008, and is a	11047
continuation of the person's duty to comply with the sections that	11048
was in effect prior to the reclassification. If, prior to January	11049
1, 2008, an offender or a delinquent child had a duty to comply	11050
with the sections specified in division (A) of this section, the	11051
offender's or delinquent child's classification as a tier I sex	11052
offender/child-victim offender, a tier II sex	11053
offender/child-victim offender, or a tier III sex	11054
offender/child-victim offender for purposes of that period of time	11055
shall be determined as specified in section 2950.031 or 2950.032	11056
of the Revised Code, as applicable.	11057

(D) The duty of an offender or delinquent child to register	11058
under this chapter is tolled for any period during which the	11059
offender or delinquent child is returned to confinement in a	11060
secure facility for any reason or imprisoned for an offense when	11061
the confinement in a secure facility or imprisonment occurs	11062
subsequent to the date determined pursuant to division (A) of this	11063
section. The offender's or delinquent child's duty to register	11064
under this chapter resumes upon the offender's or delinquent	11065
child's release from confinement in a secure facility or	11066
imprisonment.	11067

(E) An offender or delinquent child who has been or is	11068
convicted or, has pleaded or pleads guilty, or has been or is	11069
adjudicated a delinquent child, in a court in another state, in a	11070
federal court, military court, or Indian tribal court, or in a	11071
court of any nation other than the United States for committing	11072
either a sexually oriented offense that is not a	11073
registration-exempt sexually oriented offense or a child-victim	11074
oriented offense may apply to the sheriff of the county in which	11075
the offender or delinquent child resides or temporarily is	11076
domiciled, or in which the offender attends a school or	11077
institution of higher education or is employed, for credit against	11078
the duty to register for the time that the offender or delinquent	11079
child has complied with the sex offender or child-victim offender	11080
registration requirements of another jurisdiction. The sheriff	11081
shall grant the offender or delinquent child credit against the	11082
duty to register for time for which the offender or delinquent	11083
child provides adequate proof that the offender or delinquent	11084
child has complied with the sex offender or child-victim offender	11085
registration requirements of another jurisdiction. If the offender	11086
or delinquent child disagrees with the determination of the	11087
sheriff, the offender or delinquent child may appeal the	11088
determination to the court of common pleas of the county in which	11089
the offender or delinquent child resides or is temporarily	11090
domiciled, or in which the offender attends a school or	11091
institution of higher education or is employed.	11092

Sec. 2950.08.  (A) Subject to division (B) of this section,	11093
the statements, information, photographs, and fingerprints, and	11094
material required by sections 2950.04, 2950.041, 2950.05, and	11095
2950.06 of the Revised Code and provided by a person who	11096
registers, who provides notice of a change of residence, school,	11097
institution of higher education, or place of employment address	11098
and registers the new residence, school, institution of higher	11099
education, or place of employment address, or who provides	11100
verification of a current residence, school, institution of higher	11101
education, or place of employment address pursuant to those	11102
sections and that are in the possession of the bureau of criminal	11103
identification and investigation and the information in the	11104
possession of the bureau that was received by the bureau pursuant	11105
to section 2950.14 of the Revised Code shall not be open to	11106
inspection by the public or by any person other than the following	11107
persons:	11108

(1) A regularly employed peace officer or other law	11109
enforcement officer;	11110

(2) An authorized employee of the bureau of criminal	11111
identification and investigation for the purpose of providing	11112
information to a board, administrator, or person pursuant to	11113
division (F) or (G) of section 109.57 of the Revised Code;	11114

(3) The registrar of motor vehicles, or an employee of the	11115
registrar of motor vehicles, for the purpose of verifying and	11116
updating any of the information so provided, upon the request of	11117
the bureau of criminal identification and investigation.	11118

(B) Division (A) of this section does not apply to any	11119
information that is contained in the internet sex offender and	11120
child-victim offender database established by the attorney general	11121
under division (A)(11) of section 2950.13 of the Revised Code	11122
regarding offenders and that is disseminated as described in that	11123
division.	11124

Sec. 2950.081. (A) Any statements, information, photographs,	11125
or fingerprints, or materials that are required to be provided,	11126
and that are provided, by an offender or delinquent child pursuant	11127
to section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	11128
Code and that are in the possession of a county sheriff are public	11129
records open to public inspection under section 149.43 of the	11130
Revised Code and shall be included in the internet sex offender	11131
and child-victim offender database established and maintained	11132
under section 2950.13 of the Revised Code to the extent provided	11133
in that section.	11134

(B) Except when the child is classified a public	11135
registry-qualified juvenile offender registrant and the act that	11136
is the basis of the classification is a violation of, or an	11137
attempt to commit a violation of, section 2903.01, 2903.02, or	11138
2905.01 of the Revised Code that was committed with a purpose to	11139
gratify the sexual needs or desires of the child, a violation of	11140
section 2907.02 of the Revised Code, or an attempt to commit a	11141
violation of that section, the sheriff shall not cause to be	11142
publicly disseminated by means of the internet any statements,	11143
information, photographs, or fingerprints, or materials that are	11144
provided by a juvenile offender registrantdelinquent child who	11145
sends a notice of intent to reside, registers, provides notice of	11146
a change of residence address and registers the new residence	11147
address, or provides verification of a current residence address	11148
pursuant to this chapter and that are in the possession of a	11149
county sheriff.	11150

(C) If a sheriff establishes on the internet a sex offender	11151
and child-victim offender database for the public dissemination of	11152
some or all of the materials that are described in division (A) of	11153
this section, that are not prohibited from inclusion by division	11154
(B) of this section, and that pertain to offenders or delinquent	11155
children who register in the sheriff's county, in addition to all	11156
of the other information and materials included, the sheriff shall	11157
include in the database a chart describing which sexually oriented	11158
offenses and child-victim oriented offenses are included in the	11159
definitions of tier I sex offender/child-victim offender, tier II	11160
sex offender/child-victim offender, and tier III sex	11161
offender/child-victim offender and for each offender or	11162
delinquent child in relation to whom information and materials are	11163
provided a statement as to whether the offender or delinquent	11164
child is a tier I sex offender/child-victim offenders, a tier II	11165
sex offender/child-victim offenders, or a tier III sex	11166
offender/child-victim offenders.	11167

Sec. 2950.10.  (A)(1) IfRegardless of when the sexually	11168
oriented offense or child-victim oriented offense was committed,	11169
if a person is convicted of or, pleads guilty to, or has been	11170
convicted of, or has pleaded guilty to, either a sexually oriented	11171
offense that is not a registration-exempt sexually oriented	11172
offense or a child-victim oriented offense or a person is or has	11173
been adjudicated a delinquent child for committing either a	11174
sexually oriented offense that is not a registration-exempt	11175
sexually oriented offense or a child-victim oriented offense and	11176
is classified a juvenile offender registrant or is an out-of-state	11177
juvenile offender registrant based on that adjudication, if the	11178
offender or delinquent child is in any category specified in	11179
division (B)(1)(a), (b), or (c) of this section, if the offender	11180
or delinquent child registers with a sheriff pursuant to section	11181
2950.04, 2950.041, or 2950.05 of the Revised Code, and if the	11182
victim of the sexually oriented offense or child-victim oriented	11183
offense has made a request in accordance with rules adopted by the	11184
attorney general that specifies that the victim would like to be	11185
provided the notices described in this section, the sheriff shall	11186
notify the victim of the sexually oriented offense or child-victim	11187
oriented offense, in writing, that the offender or delinquent	11188
child has registered and shall include in the notice the	11189
offender's name and photograph, and the address or addresses of	11190
the offender's residence, school, institution of higher education,	11191
or place of employment, as applicable, or the delinquent child's	11192
name, photograph, and residence address or addresses. The sheriff	11193
shall provide the notice required by this division to the victim	11194
at the most recent residence address available for that victim,	11195
and not later than five days after the offender or delinquent	11196
child registers with the sheriff.	11197

(2) IfRegardless of when the sexually oriented offense or	11198
child-victim oriented offense was committed, if a person is	11199
convicted of or, pleads guilty to, or has been convicted of, or	11200
has pleaded guilty to, either a sexually oriented offense that is	11201
not a registration-exempt sexually oriented offense or a	11202
child-victim oriented offense or a person is or has been	11203
adjudicated a delinquent child for committing either a sexually	11204
oriented offense that is not a registration-exempt sexually	11205
oriented offense or a child-victim oriented offense and is	11206
classified a juvenile offender registrant or is an out-of-state	11207
juvenile offender registrant based on that adjudication, if the	11208
offender or delinquent child is in any category specified in	11209
division (B)(1)(a), (b), or (c) of this section, if the offender	11210
or delinquent child registers with a sheriff pursuant to section	11211
2950.04, 2950.041, or 2950.05 of the Revised Code, if the victim	11212
of the sexually oriented offense or child-victim oriented offense	11213
has made a request in accordance with rules adopted by the	11214
attorney general that specifies that the victim would like to be	11215
provided the notices described in this section, and if the	11216
offender notifies the sheriff of a change of residence, school,	11217
institution of higher education, or place of employment address or	11218
the delinquent child notifies the sheriff of a change of residence	11219
address pursuant to section 2950.05 of the Revised Code, the	11220
sheriff shall notify the victim of the sexually oriented offense	11221
or child-victim oriented offense, in writing, that the offender's	11222
or delinquent child's address has changed and shall include in	11223
the notice the offender's name and photograph, and the new	11224
address or addresses of the offender's residence, school,	11225
institution of higher education, or place of employment, as	11226
applicable, or the delinquent child's name, photograph, and new	11227
residence address or addresses. The sheriff shall provide the	11228
notice required by this division to the victim at the most recent	11229
residence address available for that victim,and no later than	11230
five days after the offender or delinquent child notifies the	11231
sheriff of the change in the offender's or delinquent child's	11232
residence, school, institution of higher education, or place of	11233
employment address.	11234

(3) IfRegardless of when the sexually oriented offense or	11235
child-victim oriented offense was committed, if a person is	11236
convicted of or, pleads guilty to, or has been convicted of, or	11237
has pleaded guilty to, either a sexually oriented offense that is	11238
not a registration-exempt sexually oriented offense or a	11239
child-victim oriented offense or a person is or has been	11240
adjudicated a delinquent child for committing either a sexually	11241
oriented offense that is not a registration-exempt sexually	11242
oriented offense or a child-victim oriented offense and is	11243
classified a juvenile offender registrant or is an out-of-state	11244
juvenile offender registrant based on that adjudication, and if	11245
the offender or delinquent child is in any category specified in	11246
division (B)(1)(a), (b), or (c) of this section, the victim of the	11247
offense may make a request in accordance with rules adopted by the	11248
attorney general pursuant to section 2950.13 of the Revised Code	11249
that specifies that the victim would like to be provided the	11250
notices described in divisions (A)(1) and (2) of this section. If	11251
the victim makes a request in accordance with those rules, the	11252
sheriff described in divisions (A)(1) and (2) of this section	11253
shall provide the victim with the notices described in those	11254
divisions.	11255

(4) If a victim makes a request as described in division	11256
(A)(3) of this section that specifies that the victim would like	11257
to be provided the notices described in divisions (A)(1) and (2)	11258
of this section, all information a sheriff obtains regarding the	11259
victim from or as a result of the request is confidential, and the	11260
information is not a public record open for inspection under	11261
section 149.43 of the Revised Code.	11262

(5) The notices described in divisions (A)(1) and (2) of this	11263
section are in addition to any notices regarding the offender or	11264
delinquent child that the victim is entitled to receive under	11265
Chapter 2930. of the Revised Code.	11266

(B)(1) The duties to provide the notices described in	11267
divisions (A)(1) and (2) of this section apply regarding any	11268
offender or delinquent child who is in any of the following	11269
categories, if the other criteria set forth in division (A)(1) or	11270
(2) of this section, whichever is applicable, are satisfied:	11271

(a) The offender or delinquent child has been adjudicated a	11272
sexual predator relative to the sexually oriented offense for	11273
which the offender or delinquent child has the duty to register	11274
under section 2950.04 of the Revised Code or has been adjudicated	11275
a child-victim predator relative to the child-victim oriented	11276
offense for which the offender or child has the duty to register	11277
under section 2950.041 of the Revised Code, and the court has not	11278
subsequently determined pursuant to section 2152.84 or 2152.85 of	11279
the Revised Code regarding a delinquent child that the delinquent	11280
child no longer is a sexual predator or no longer is a	11281
child-victim predator, whichever is applicable.	11282

(b) The offender or delinquent child has been determined	11283
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	11284
division (B) of section 2152.83, section 2152.84, or section	11285
2152.85 of the Revised Code to be a habitual sex offender or a	11286
habitual child-victim offender, the court has imposed a	11287
requirement under that division or section subjecting the habitual	11288
sex offender or habitual child-victim offender to this section,	11289
and the determination has not been removed pursuant to section	11290
2152.84 or 2152.85 of the Revised Code regarding a delinquent	11291
child.	11292

(c) The sexually oriented offense for which the offender has	11293
the duty to register under section 2950.04 of the Revised Code is	11294
an aggravated sexually oriented offense, regardless of whether the	11295
offender has been adjudicated a sexual predator relative to the	11296
offense or has been determined to be a habitual sex offender and,	11297
if the offender has been so determined to be a habitual sex	11298
offender, regardless of whether the habitual sex offender	11299
determination has not been removed as described in division	11300
(A)(1)(b) of this sectionis a tier III sex offender/child-victim	11301
offender relative to the offense described in division (A) of this	11302
section for which a victim requested to be provided notice under	11303
that division, or the delinquent child is a public	11304
registry-qualified juvenile offender registrant, and a juvenile	11305
court has not removed pursuant to section 2950.15 of the Revised	11306
Code the delinquent child's duty to comply with sections 2950.04,	11307
2950.041, 2950.05, and 2950.06 of the Revised Code.	11308

(b) The delinquent child is a tier III sex	11309
offender/child-victim offender who is not a public-registry	11310
qualified juvenile offender registrant, the delinquent child was	11311
subjected to this section prior to the effective date of this	11312
amendment as a sexual predator, habitual sex offender,	11313
child-victim predator, or habitual child-victim offender, as those	11314
terms were defined in section 2950.01 of the Revised Code as it	11315
existed prior to the effective date of this amendment, and a	11316
juvenile court has not removed pursuant to section 2152.84 or	11317
2152.85 of the Revised Code the delinquent child's duty to comply	11318
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11319
Revised Code.	11320

(c) The delinquent child is a tier III sex	11321
offender/child-victim offender who is not a public	11322
registry-qualified juvenile offender registrant, the delinquent	11323
child was classified a juvenile offender registrant on or after	11324
the effective date of this amendment, the court has imposed a	11325
requirement under section 2152.82, 2152.83, or 2152.84 of the	11326
Revised Code subjecting the delinquent child to this section, and	11327
a juvenile court has not removed pursuant to section 2152.84 or	11328
2152.85 of the Revised Code the delinquent child's duty to comply	11329
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11330
Revised Code.	11331

(2) A victim of a sexually oriented offense that is not a	11332
registration-exempt sexually oriented offense or of a child-victim	11333
oriented offense is not entitled to be provided any notice	11334
described in division (A)(1) or (2) of this section unless the	11335
offender or delinquent child is in a category specified in	11336
division (B)(1)(a), (b), or (c) of this section. A victim of a	11337
sexually oriented offense that is not a registration-exempt	11338
sexually oriented offense or of a child-victim oriented offense is	11339
not entitled to any notice described in division (A)(1) or (2) of	11340
this section unless the victim makes a request in accordance with	11341
rules adopted by the attorney general pursuant to section 2950.13	11342
of the Revised Code that specifies that the victim would like to	11343
be provided the notices described in divisions (A)(1) and (2) of	11344
this section. This division does not affect any rights of a victim	11345
of a sexually oriented offense or child-victim oriented offense to	11346
be provided notice regarding an offender or delinquent child that	11347
are described in Chapter 2930. of the Revised Code.	11348

Sec. 2950.11.  (A) As used in this section, "specified	11349
geographical notification area" means the geographic area or areas	11350
within which the attorney general, by rule adopted under section	11351
2950.13 of the Revised Code, requires the notice described in	11352
division (B) of this section to be given to the persons identified	11353
in divisions (A)(2) to (8) of this section. IfRegardless of when	11354
the sexually oriented offense or child-victim oriented offense was	11355
committed, if a person is convicted of or, pleads guilty to, or	11356
has been convicted of, or has pleaded guilty to, either a sexually	11357
oriented offense that is not a registration-exempt sexually	11358
oriented offense or a child-victim oriented offense, or a person	11359
is or has been adjudicated a delinquent child for committing	11360
either a sexually oriented offense that is not a	11361
registration-exempt sexually oriented offense or a child-victim	11362
oriented offense and is classified a juvenile offender registrant	11363
or is an out-of-state juvenile offender registrant based on that	11364
adjudication, and if the offender or delinquent child is in any	11365
category specified in division (F)(1)(a), (b), or (c) of this	11366
section, the sheriff with whom the offender or delinquent child	11367
has most recently registered under section 2950.04, 2950.041, or	11368
2950.05 of the Revised Code and the sheriff to whom the offender	11369
or delinquent child most recently sent a notice of intent to	11370
reside under section 2950.04 or 2950.041 of the Revised Code,	11371
within the period of time specified in division (C) of this	11372
section, shall provide a written notice containing the information	11373
set forth in division (B) of this section to all of the persons	11374
described in divisions (A)(1) to (9)(10) of this section. If the	11375
sheriff has sent a notice to the persons described in those	11376
divisions as a result of receiving a notice of intent to reside	11377
and if the offender or delinquent child registers a residence	11378
address that is the same residence address described in the notice	11379
of intent to reside, the sheriff is not required to send an	11380
additional notice when the offender or delinquent child registers.	11381
The sheriff shall provide the notice to all of the following	11382
persons:	11383

(1)(a) Any occupant of each residential unit that is located	11384
within one thousand feet of the offender's or delinquent child's	11385
residential premises, that is located within the county served by	11386
the sheriff, and that is not located in a multi-unit building.	11387
Division (D)(3) of this section applies regarding notices required	11388
under this division.	11389

(b) If the offender or delinquent child resides in a	11390
multi-unit building, any occupant of each residential unit that is	11391
located in that multi-unit building and that shares a common	11392
hallway with the offender or delinquent child. For purposes of	11393
this division, an occupant's unit shares a common hallway with the	11394
offender or delinquent child if the entrance door into the	11395
occupant's unit is located on the same floor and opens into the	11396
same hallway as the entrance door to the unit the offender or	11397
delinquent child occupies. Division (D)(3) of this section applies	11398
regarding notices required under this division.	11399

(c) The building manager, or the person the building owner or	11400
condominium unit owners association authorizes to exercise	11401
management and control, of each multi-unit building that is	11402
located within one thousand feet of the offender's or delinquent	11403
child's residential premises, including a multi-unit building in	11404
which the offender or delinquent child resides, and that is	11405
located within the county served by the sheriff. In addition to	11406
notifying the building manager or the person authorized to	11407
exercise management and control in the multi-unit building under	11408
this division, the sheriff shall post a copy of the notice	11409
prominently in each common entryway in the building and any other	11410
location in the building the sheriff determines appropriate. The	11411
manager or person exercising management and control of the	11412
building shall permit the sheriff to post copies of the notice	11413
under this division as the sheriff determines appropriate. In lieu	11414
of posting copies of the notice as described in this division, a	11415
sheriff may provide notice to all occupants of the multi-unit	11416
building by mail or personal contact; if the sheriff so notifies	11417
all the occupants, the sheriff is not required to post copies of	11418
the notice in the common entryways to the building. Division	11419
(D)(3) of this section applies regarding notices required under	11420
this division.	11421

(d) All additional persons who are within any category of	11422
neighbors of the offender or delinquent child that the attorney	11423
general by rule adopted under section 2950.13 of the Revised Code	11424
requires to be provided the notice and who reside within the	11425
county served by the sheriff;	11426

(2) The executive director of the public children services	11427
agency that has jurisdiction within the specified geographical	11428
notification area and that is located within the county served by	11429
the sheriff;	11430

(3)(a) The superintendent of each board of education of a	11431
school district that has schools within the specified geographical	11432
notification area and that is located within the county served by	11433
the sheriff;	11434

(b) The principal of the school within the specified	11435
geographical notification area and within the county served by the	11436
sheriff that the delinquent child attends;	11437

(c) If the delinquent child attends a school outside of the	11438
specified geographical notification area or outside of the school	11439
district where the delinquent child resides, the superintendent of	11440
the board of education of a school district that governs the	11441
school that the delinquent child attends and the principal of the	11442
school that the delinquent child attends.	11443

(4)(a) The appointing or hiring officer of each chartered	11444
nonpublic school located within the specified geographical	11445
notification area and within the county served by the sheriff or	11446
of each other school located within the specified geographical	11447
notification area and within the county served by the sheriff and	11448
that is not operated by a board of education described in division	11449
(A)(3) of this section;	11450

(b) Regardless of the location of the school, the appointing	11451
or hiring officer of a chartered nonpublic school that the	11452
delinquent child attends.	11453

(5) The director, head teacher, elementary principal, or site	11454
administrator of each preschool program governed by Chapter 3301.	11455
of the Revised Code that is located within the specified	11456
geographical notification area and within the county served by the	11457
sheriff;	11458

(6) The administrator of each child day-care center or type A	11459
family day-care home that is located within the specified	11460
geographical notification area and within the county served by the	11461
sheriff, and the provider of each certified type B family day-care	11462
home that is located within the specified geographical	11463
notification area and within the county served by the sheriff. As	11464
used in this division, "child day-care center," "type A family	11465
day-care home," and "certified type B family day-care home" have	11466
the same meanings as in section 5104.01 of the Revised Code.	11467

(7) The president or other chief administrative officer of	11468
each institution of higher education, as defined in section	11469
2907.03 of the Revised Code, that is located within the specified	11470
geographical notification area and within the county served by the	11471
sheriff, and the chief law enforcement officer of the state	11472
university law enforcement agency or campus police department	11473
established under section 3345.04 or 1713.50 of the Revised Code,	11474
if any, that serves that institution;	11475

(8) The sheriff of each county that includes any portion of	11476
the specified geographical notification area;	11477

(9) If the offender or delinquent child resides within the	11478
county served by the sheriff, the chief of police, marshal, or	11479
other chief law enforcement officer of the municipal corporation	11480
in which the offender or delinquent child resides or, if the	11481
offender or delinquent child resides in an unincorporated area,	11482
the constable or chief of the police department or police district	11483
police force of the township in which the offender or delinquent	11484
child resides;	11485

(10) Volunteer organizations in which contact with minors or	11486
other vulnerable individuals might occur or any organization,	11487
company, or individual who requests notification as provided in	11488
division (J) of this section.	11489

(B) The notice required under division (A) of this section	11490
shall include all of the following information regarding the	11491
subject offender or delinquent child:	11492

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

11493

(2) The address or addresses of the offender's or public	11494
registry-qualified juvenile offender registrant's residence,	11495
school, institution of higher education, or place of employment,	11496
as applicable, or the delinquent child's residence address or	11497
addresses of a delinquent child who is not a public	11498
registry-qualified juvenile offender registrant;	11499

(3) The sexually oriented offense or child-victim oriented	11500
offense of which the offender was convicted, to which the offender	11501
pleaded guilty, or for which the child was adjudicated a	11502
delinquent child;	11503

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

11504

(a) A statement that identifies the category specified in	11505
division (F)(1)(a), (b), or (c) of this section that includes the	11506
offender has been adjudicated a sexual predator, a statement that	11507
the offender has been convicted of or pleaded guilty to an	11508
aggravated sexually oriented offense, a statement that the	11509
delinquent child has been adjudicated a sexual predator and that,	11510
as of the date of the notice, the court has not entered a	11511
determination that the delinquent child no longer is a sexual	11512
predator, or a statement that the sentencing or reviewing judge	11513
has determined that the offender or delinquent child is a habitual	11514
sex offender and that, as of the date of the notice, the	11515
determination regarding a delinquent child has not been removed	11516
pursuant to section 2152.84 or 2152.85 of the Revised Codeor	11517
delinquent child and that subjects the offender or delinquent	11518
child to this section;	11519

(b) A statement that the offender has been adjudicated a	11520
child-victim predator, a statement that the delinquent child has	11521
been adjudicated a child-victim predator and that, as of the date	11522
of the notice, the court has not entered a determination that the	11523
delinquent child no longer is a child-victim predator, or a	11524
statement that the sentencing or reviewing judge has determined	11525
that the offender or delinquent child is a habitual child-victim	11526
offender and that, as of the date of the notice, the determination	11527
regarding a delinquent child has not been removed pursuant to	11528
section 2152.84 or 2152.85 of the Revised Code;	11529

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

11530

(C) If a sheriff with whom an offender or delinquent child	11531
registers under section 2950.04, 2950.041, or 2950.05 of the	11532
Revised Code or to whom the offender or delinquent child most	11533
recently sent a notice of intent to reside under section 2950.04	11534
or 2950.041 of the Revised Code is required by division (A) of	11535
this section to provide notices regarding an offender or	11536
delinquent child and if, pursuant to that requirement, the sheriff	11537
provides a notice to a sheriff of one or more other counties in	11538
accordance with division (A)(8) of this section, the sheriff of	11539
each of the other counties who is provided notice under division	11540
(A)(8) of this section shall provide the notices described in	11541
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	11542
each person or entity identified within those divisions that is	11543
located within the specified geographical notification area and	11544
within the county served by the sheriff in question.	11545

(D)(1) A sheriff required by division (A) or (C) of this	11546
section to provide notices regarding an offender or delinquent	11547
child shall provide the notice to the neighbors that are described	11548
in division (A)(1) of this section and the notices to law	11549
enforcement personnel that are described in divisions (A)(8) and	11550
(9) of this section as soon as practicable, but no later than five	11551
days after the offender sends the notice of intent to reside to	11552
the sheriff and again no later than five days after the offender	11553
or delinquent child registers with the sheriff or, if the sheriff	11554
is required by division (C) of this section to provide the	11555
notices, no later than five days after the sheriff is provided the	11556
notice described in division (A)(8) of this section.	11557

A sheriff required by division (A) or (C) of this section to	11558
provide notices regarding an offender or delinquent child shall	11559
provide the notices to all other specified persons that are	11560
described in divisions (A)(2) to (7) and (A)(10) of this section	11561
as soon as practicable, but not later than seven days after the	11562
offender or delinquent child registers with the sheriff or, if the	11563
sheriff is required by division (C) of this section to provide the	11564
notices, no later than five days after the sheriff is provided the	11565
notice described in division (A)(8) of this section.	11566

(2) If an offender or delinquent child in relation to whom	11567
division (A) of this section applies verifies the offender's or	11568
delinquent child's current residence, school, institution of	11569
higher education, or place of employment address, as applicable,	11570
with a sheriff pursuant to section 2950.06 of the Revised Code,	11571
the sheriff may provide a written notice containing the	11572
information set forth in division (B) of this section to the	11573
persons identified in divisions (A)(1) to (9)(10) of this section.	11574
If a sheriff provides a notice pursuant to this division to the	11575
sheriff of one or more other counties in accordance with division	11576
(A)(8) of this section, the sheriff of each of the other counties	11577
who is provided the notice under division (A)(8) of this section	11578
may provide, but is not required to provide, a written notice	11579
containing the information set forth in division (B) of this	11580
section to the persons identified in divisions (A)(1) to (7) and	11581
(A)(9) and (10) of this section.	11582

(3) A sheriff may provide notice under division (A)(1)(a) or	11583
(b) of this section, and may provide notice under division	11584
(A)(1)(c) of this section to a building manager or person	11585
authorized to exercise management and control of a building, by	11586
mail, by personal contact, or by leaving the notice at or under	11587
the entry door to a residential unit. For purposes of divisions	11588
(A)(1)(a) and (b) of this section, and the portion of division	11589
(A)(1)(c) of this section relating to the provision of notice to	11590
occupants of a multi-unit building by mail or personal contact,	11591
the provision of one written notice per unit is deemed as	11592
providing notice to all occupants of that unit.	11593

(E) All information that a sheriff possesses regarding a	11594
sexual predator, a habitual sex offender, a child-victim predator,	11595
or a habitual child-victim offenderan offender or delinquent	11596
child who is in a category specified in division (F)(1)(a), (b),	11597
or (c) of this section that is described in division (B) of this	11598
section and that must be provided in a notice required under	11599
division (A) or (C) of this section or that may be provided in a	11600
notice authorized under division (D)(2) of this section is a	11601
public record that is open to inspection under section 149.43 of	11602
the Revised Code.	11603

The sheriff shall not cause to be publicly disseminated by	11604
means of the internet any of the information described in this	11605
division that is provided by a sexual predator, habitual sex	11606
offender, child-victim predator, or habitual child-victim offender	11607
who is a juvenile offender registrant, except when the act that is	11608
the basis of the child's classification as a juvenile offender	11609
registrant is a violation of, or an attempt to commit a violation	11610
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that	11611
was committed with a purpose to gratify the sexual needs or	11612
desires of the child, a violation of section 2907.02 of the	11613
Revised Code, or an attempt to commit a violation of that section	11614
delinquent child unless that child is in a category specified in	11615
division (F)(1)(a), (b), or (c) of this section.	11616

(F)(1) TheExcept as provided in division (F)(2) of this	11617
section, the duties to provide the notices described in divisions	11618
(A) and (C) of this section apply regarding any offender or	11619
delinquent child who is in any of the following categories, if the	11620
other criteria set forth in division (A) or (C) of this section,	11621
whichever is applicable, are satisfied:	11622

(a) The offender or delinquent child has been adjudicated a	11623
sexual predator relative to the sexually oriented offense for	11624
which the offender or delinquent child has the duty to register	11625
under section 2950.04 of the Revised Code or has been adjudicated	11626
a child-victim predator relative to the child-victim oriented	11627
offense for which the offender or child has the duty to register	11628
under section 2950.041 of the Revised Code, and the court has not	11629
subsequently determined pursuant to section 2152.84 or 2152.85 of	11630
the Revised Code regarding a delinquent child that the delinquent	11631
child no longer is a sexual predator or no longer is a	11632
child-victim predator, whichever is applicable.	11633

(b) The offender or delinquent child has been determined	11634
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	11635
division (B) of section 2152.83, section 2152.84, or section	11636
2152.85 of the Revised Code to be a habitual sex offender or a	11637
habitual child-victim offender, the court has imposed a	11638
requirement under that division or section subjecting the habitual	11639
sex offender or habitual child-victim offender to this section,	11640
and the determination has not been removed pursuant to section	11641
2152.84 or 2152.85 of the Revised Code regarding a delinquent	11642
child.	11643

(c) The sexually oriented offense for which the offender has	11644
the duty to register under section 2950.04 of the Revised Code is	11645
an aggravated sexually oriented offense, regardless of whether the	11646
offender has been adjudicated a sexual predator relative to the	11647
offense or has been determined to be a habitual sex offenderis a	11648
tier III sex offender/child-victim offender, or the delinquent	11649
child is a public registry-qualified juvenile offender registrant,	11650
and a juvenile court has not removed pursuant to section 2950.15	11651
of the Revised Code the delinquent child's duty to comply with	11652
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	11653
Code.	11654

(b) The delinquent child is a tier III sex	11655
offender/child-victim offender who is not a public-registry	11656
qualified juvenile offender registrant, the delinquent child was	11657
subjected to this section prior to the effective date of this	11658
amendment as a sexual predator, habitual sex offender,	11659
child-victim predator, or habitual child-victim offender, as those	11660
terms were defined in section 2950.01 of the Revised Code as it	11661
existed prior to the effective date of this amendment, and a	11662
juvenile court has not removed pursuant to section 2152.84 or	11663
2152.85 of the Revised Code the delinquent child's duty to comply	11664
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11665
Revised Code.	11666

(c) The delinquent child is a tier III sex	11667
offender/child-victim offender who is not a public	11668
registry-qualified juvenile offender registrant, the delinquent	11669
child was classified a juvenile offender registrant on or after	11670
the effective date of this amendment, the court has imposed a	11671
requirement under section 2152.82, 2152.83, or 2152.84 of the	11672
Revised Code subjecting the delinquent child to this section, and	11673
a juvenile court has not removed pursuant to section 2152.84 or	11674
2152.85 of the Revised Code the delinquent child's duty to comply	11675
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11676
Revised Code.	11677

(2) The notification provisions of this section do not apply	11678
regarding a person who is convicted of or pleads guilty to, has	11679
been convicted of or pleaded guilty to, or is adjudicated a	11680
delinquent child for committing, a sexually oriented offense or a	11681
child-victim oriented offense, who is not in the category	11682
specified in either division (F)(1)(a) or (c) of this section,	11683
and who is determined pursuant to division (C)(2) or (E) of	11684
section 2950.09 or 2950.091, division (B) of section 2152.83,	11685
section 2152.84, or section 2152.85 of the Revised Code to be a	11686
habitual sex offender or habitual child-victim offender unless the	11687
sentencing or reviewing court imposes a requirement in the	11688
offender's sentence and in the judgment of conviction that	11689
contains the sentence or in the delinquent child's adjudication,	11690
or imposes a requirement as described in division (C)(2) of	11691
section 2950.09 or 2950.091 of the Revised Code, that subjects	11692
the offender or the delinquent child to the provisions of this	11693
section.	11694

(2) The notification provisions of this section do not apply	11695
to a person described in division (F)(1)(a), (b), or (c) of this	11696
section if a court finds at a hearing after considering the	11697
factors described in this division that the person would not be	11698
subject to the notification provisions of this section that were	11699
in the version of this section that existed immediately prior to	11700
the effective date of this amendment. In making the determination	11701
of whether a person would have been subject to the notification	11702
provisions under prior law as described in this division, the	11703
court shall consider the following factors:	11704

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

11705

(b) The offender's or delinquent child's prior criminal or	11706
delinquency record regarding all offenses, including, but not	11707
limited to, all sexual offenses;	11708

(c) The age of the victim of the sexually oriented offense	11709
for which sentence is to be imposed or the order of disposition is	11710
to be made;	11711

(d) Whether the sexually oriented offense for which sentence	11712
is to be imposed or the order of disposition is to be made	11713
involved multiple victims;	11714

(e) Whether the offender or delinquent child used drugs or	11715
alcohol to impair the victim of the sexually oriented offense or	11716
to prevent the victim from resisting;	11717

(f) If the offender or delinquent child previously has been	11718
convicted of or pleaded guilty to, or been adjudicated a	11719
delinquent child for committing an act that if committed by an	11720
adult would be, a criminal offense, whether the offender or	11721
delinquent child completed any sentence or dispositional order	11722
imposed for the prior offense or act and, if the prior offense or	11723
act was a sex offense or a sexually oriented offense, whether the	11724
offender or delinquent child participated in available programs	11725
for sexual offenders;	11726

(g) Any mental illness or mental disability of the offender	11727
or delinquent child;	11728

(h) The nature of the offender's or delinquent child's sexual	11729
conduct, sexual contact, or interaction in a sexual context with	11730
the victim of the sexually oriented offense and whether the sexual	11731
conduct, sexual contact, or interaction in a sexual context was	11732
part of a demonstrated pattern of abuse;	11733

(i) Whether the offender or delinquent child, during the	11734
commission of the sexually oriented offense for which sentence is	11735
to be imposed or the order of disposition is to be made, displayed	11736
cruelty or made one or more threats of cruelty;	11737

(j) Whether the offender or delinquent child would have been	11738
a habitual sex offender or a habitual child victim offender under	11739
the definitions of those terms set forth in section 2950.01 of the	11740
Revised Code as that section existed prior to the effective date	11741
of this amendment;	11742

(k) Any additional behavioral characteristics that contribute	11743
to the offender's or delinquent child's conduct.	11744

(G)(1) The department of job and family services shall	11745
compile, maintain, and update in January and July of each year, a	11746
list of all agencies, centers, or homes of a type described in	11747
division (A)(2) or (6) of this section that contains the name of	11748
each agency, center, or home of that type, the county in which it	11749
is located, its address and telephone number, and the name of an	11750
administrative officer or employee of the agency, center, or home.	11751
The	11752

(2) The department of education shall compile, maintain, and	11753
update in January and July of each year, a list of all boards of	11754
education, schools, or programs of a type described in division	11755
(A)(3), (4), or (5) of this section that contains the name of each	11756
board of education, school, or program of that type, the county in	11757
which it is located, its address and telephone number, the name of	11758
the superintendent of the board or of an administrative officer or	11759
employee of the school or program, and, in relation to a board of	11760
education, the county or counties in which each of its schools is	11761
located and the address of each such school. The	11762

(3) The Ohio board of regents shall compile, maintain, and	11763
update in January and July of each year, a list of all	11764
institutions of a type described in division (A)(7) of this	11765
section that contains the name of each such institution, the	11766
county in which it is located, its address and telephone number,	11767
and the name of its president or other chief administrative	11768
officer. A	11769

(4) A sheriff required by division (A) or (C) of this	11770
section, or authorized by division (D)(2) of this section, to	11771
provide notices regarding an offender or delinquent child, or a	11772
designee of a sheriff of that type, may request the department of	11773
job and family services, department of education, or Ohio board of	11774
regents, by telephone, in person, or by mail, to provide the	11775
sheriff or designee with the names, addresses, and telephone	11776
numbers of the appropriate persons and entities to whom the	11777
notices described in divisions (A)(2) to (7) of this section are	11778
to be provided. Upon receipt of a request, the department or board	11779
shall provide the requesting sheriff or designee with the names,	11780
addresses, and telephone numbers of the appropriate persons and	11781
entities to whom those notices are to be provided.	11782

(H)(1) Upon the motion of the offender or the prosecuting	11783
attorney of the county in which the offender was convicted of or	11784
pleaded guilty to the sexually oriented offense or child-victim	11785
oriented offense for which the offender is subject to community	11786
notification under this section, or upon the motion of the	11787
sentencing judge or that judge's successor in office, the judge	11788
may schedule a hearing to determine whether the interests of	11789
justice would be served by suspending the community notification	11790
requirement under this section in relation to the offender. The	11791
judge may dismiss the motion without a hearing but may not issue	11792
an order suspending the community notification requirement without	11793
a hearing. At the hearing, all parties are entitled to be heard,	11794
and the judge shall consider all of the factors set forth in	11795
division (B)(3)(K) of this section 2950.09 of the Revised Code.	11796
If, at the conclusion of the hearing, the judge finds that the	11797
offender has proven by clear and convincing evidence that the	11798
offender is unlikely to commit in the future a sexually oriented	11799
offense or a child-victim oriented offense and if the judge finds	11800
that suspending the community notification requirement is in the	11801
interests of justice, the judge may suspend the application of	11802
this section in relation to the offender. The order shall contain	11803
both of these findings.	11804

The judge promptly shall serve a copy of the order upon the	11805
sheriff with whom the offender most recently registered under	11806
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	11807
the bureau of criminal identification and investigation.	11808

An order suspending the community notification requirement	11809
does not suspend or otherwise alter an offender's duties to comply	11810
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11811
Revised Code and does not suspend the victim notification	11812
requirement under section 2950.10 of the Revised Code.	11813

(2) A prosecuting attorney, a sentencing judge or that	11814
judge's successor in office, and an offender who is subject to the	11815
community notification requirement under this section may	11816
initially make a motion under division (H)(1) of this section upon	11817
the expiration of twenty years after the offender's duty to comply	11818
with sectionsdivision (A)(2), (3), or (4) of section 2950.04,	11819
division (A)(2), (3), or (4) of section 2950.041,and sections	11820
2950.05, and 2950.06 of the Revised Code begins in relation to the	11821
offense for which the offender is subject to community	11822
notification. After the initial making of a motion under division	11823
(H)(1) of this section, thereafter, the prosecutor, judge, and	11824
offender may make a subsequent motion under that division upon the	11825
expiration of five years after the judge has entered an order	11826
denying the initial motion or the most recent motion made under	11827
that division.	11828

(3) The offender and the prosecuting attorney have the right	11829
to appeal an order approving or denying a motion made under	11830
division (H)(1) of this section.	11831

(4) Divisions (H)(1) to (3) of this section do not apply to	11832
any of the following types of offender:	11833

(a) A person who is convicted of or pleads guilty to a	11834
violent sex offense or designated homicide, assault, or kidnapping	11835
offense and who, in relation to that offense, is adjudicated a	11836
sexually violent predator;	11837

(b) A person who is convicted of or pleads guilty to a	11838
sexually oriented offense that is a violation of division	11839
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	11840
after the effective date of this amendmentJanuary 2, 2007, and	11841
either who is sentencdsentenced under section 2971.03 of the	11842
Revised Code or upon whom a sentence of life without parole is	11843
imposed under division (B) of section 2907.02 of the Revised Code;	11844

(c) A person who is convicted of or pleads guilty to a	11845
sexually oriented offense that is attempted rape committed on or	11846
after the effective date of this amendmentJanuary 2, 2007, and	11847
who also is convicted of or pleads guilty to a specification of	11848
the type described in section 2941.1418, 2941.1419, or 2941.1420	11849
of the Revised Code;	11850

(d) A habitual sex offender or habitual child-victim oriented	11851
offender who is subject to community notification who, subsequent	11852
to being subjected to community notification, has pleaded guilty	11853
to or been convicted of a sexually oriented offense or a	11854
child-victim oriented offenseperson who is convicted of or pleads	11855
guilty to an offense described in division (B)(3)(a), (b), (c), or	11856
(d) of section 2971.03 of the Revised Code and who is sentenced	11857
for that offense pursuant to that division;	11858

(e) A sexual predator or child-victim predator who is not	11859
adjudicated a sexually violent predatorAn offender who is in a	11860
category specified in division (F)(1)(a), (b), or (c) of this	11861
section and who, subsequent to being subjected to community	11862
notification, has pleaded guilty to or been convicted of a	11863
sexually oriented offense or child-victim oriented offense.	11864

(I) If a person is convicted of or, pleads guilty to, or has	11865
been convicted of, or has pleaded guilty to, either a sexually	11866
oriented offense that is not a registration-exempt sexually	11867
oriented offense or a child-victim oriented offense, or a person	11868
is or has been adjudicated a delinquent child for committing	11869
either a sexually oriented offense that is not a	11870
registration-exempt sexually oriented offense or a child-victim	11871
oriented offense and is classified a juvenile offender registrant	11872
or is an out-of-state juvenile offender registrant based on that	11873
adjudication, and if the offender or delinquent child is not in	11874
any category specified in division (F)(1)(a), (b), or (c) of this	11875
section, the sheriff with whom the offender or delinquent child	11876
has most recently registered under section 2950.04, 2950.041, or	11877
2950.05 of the Revised Code and the sheriff to whom the offender	11878
or delinquent child most recently sent a notice of intent to	11879
reside under section 2950.04 or 2950.041 of the Revised Code,	11880
within the period of time specified in division (D) of this	11881
section, shall provide a written notice containing the information	11882
set forth in division (B) of this section to the executive	11883
director of the public children services agency that has	11884
jurisdiction within the specified geographical notification area	11885
and that is located within the county served by the sheriff.	11886

(J) Each sheriff shall allow a volunteer organization or	11887
other organization, company, or individual who wishes to receive	11888
the notice described in division (A)(10) of this section regarding	11889
a specific offender or delinquent child or notice regarding all	11890
offenders and delinquent children who are located in the specified	11891
geographical notification area to notify the sheriff by electronic	11892
mail or through the sheriff's web site of this election. The	11893
sheriff shall promptly inform the bureau of criminal	11894
identification and investigation of these requests in accordance	11895
with the forwarding procedures adopted by the attorney general	11896
pursuant to section 2950.13 of the Revised Code.	11897

(K) In making a determination under division (H)(1) of this	11898
section as to whether to suspend the community notification	11899
requirement under this section for an offender, the judge shall	11900
consider all relevant factors, including, but not limited to, all	11901
of the following:	11902

(1) The offender's age;

11903

(2) The offender's prior criminal or delinquency record	11904
regarding all offenses, including, but not limited to, all	11905
sexually oriented offenses or child-victim oriented offenses;	11906

(3) The age of the victim of the sexually oriented offense or	11907
child-victim oriented offense the offender committed;	11908

(4) Whether the sexually oriented offense or child-victim	11909
oriented offense the offender committed involved multiple victims;	11910

(5) Whether the offender used drugs or alcohol to impair the	11911
victim of the sexually oriented offense or child-victim oriented	11912
the offender committed or to prevent the victim from resisting;	11913

(6) If the offender previously has been convicted of, pleaded	11914
guilty to, or been adjudicated a delinquent child for committing	11915
an act that if committed by an adult would be a criminal offense,	11916
whether the offender completed any sentence or dispositional order	11917
imposed for the prior offense or act and, if the prior offense or	11918
act was a sexually oriented offense or a child-victim oriented	11919
offense, whether the offender or delinquent child participated in	11920
available programs for sex offenders or child-victim offenders;	11921

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

11922

(8) The nature of the offender's sexual conduct, sexual	11923
contact, or interaction in a sexual context with the victim of the	11924
sexually oriented offense the offender committed or the nature of	11925
the offender's interaction in a sexual context with the victim of	11926
the child-victim oriented offense the offender committed,	11927
whichever is applicable, and whether the sexual conduct, sexual	11928
contact, or interaction in a sexual context was part of a	11929
demonstrated pattern of abuse;	11930

(9) Whether the offender, during the commission of the	11931
sexually oriented offense or child-victim oriented offense the	11932
offender committed, displayed cruelty or made one or more threats	11933
of cruelty;	11934

(10) Any additional behavioral characteristics that	11935
contribute to the offender's conduct.	11936

(L) As used in this section, "specified geographical	11937
notification area" means the geographic area or areas within which	11938
the attorney general, by rule adopted under section 2950.13 of the	11939
Revised Code, requires the notice described in division (B) of	11940
this section to be given to the persons identified in divisions	11941
(A)(2) to (8) of this section.	11942

Sec. 2950.12.  (A) Except as provided in division (B) of this	11943
section, any of the following persons shall be immune from	11944
liability in a civil action to recover damages for injury, death,	11945
or loss to person or property allegedly caused by an act or	11946
omission in connection with a power, duty, responsibility, or	11947
authorization under this chapter or under rules adopted under	11948
authority of this chapter:	11949

(1) An officer or employee of the bureau of criminal	11950
identification and investigation;	11951

(2) The attorney general, a chief of police, marshal, or	11952
other chief law enforcement officer of a municipal corporation, a	11953
sheriff, a constable or chief of police of a township police	11954
department or police district police force, and a deputy, officer,	11955
or employee of the office of the attorney general, the law	11956
enforcement agency served by the marshal or the municipal or	11957
township chief, the office of the sheriff, or the constable;	11958

(3) A prosecutor and an officer or employee of the office of	11959
a prosecutor;	11960

(4) A supervising officer and an officer or employee of the	11961
adult parole authority of the department of rehabilitation and	11962
correction;	11963

(5) A supervising officer and an officer or employee of the	11964
department of youth services;	11965

(6) A supervisor and a caseworker or employee of a public	11966
children services agency acting pursuant to section 5153.16 of the	11967
Revised Code;	11968

(7) A managing officer of a state correctional institution	11969
and an officer or employee of the department of rehabilitation and	11970
correction;	11971

(8) A person identified in division (A)(2), (3), (4), (5),	11972
(6), or (7) of section 2950.11 of the Revised Code, an	11973
organization or person identified in division (A)(10) of that	11974
section, or the agent of that person or organization;	11975

(9) A person identified in division (A)(2) of section	11976
2950.111 of the Revised Code, regarding the person's provision of	11977
information pursuant to that division to a sheriff or a designee	11978
of a sheriff.	11979

(B) The immunity described in division (A) of this section	11980
does not apply to a person described in divisions (A)(1) to (8) of	11981
this section if, in relation to the act or omission in question,	11982
any of the following applies:	11983

(1) The act or omission was manifestly outside the scope of	11984
the person's employment or official responsibilities.	11985

(2) The act or omission was with malicious purpose, in bad	11986
faith, or in a wanton or reckless manner.	11987

(3) Liability for the act or omission is expressly imposed by	11988
a section of the Revised Code.	11989

Sec. 2950.13.  (A) The attorney general shall do all of the	11990
following:	11991

(1) No later than July 1, 1997, establish and maintain a	11992
state registry of sex offenders and child-victim offenders that is	11993
housed at the bureau of criminal identification and investigation	11994
and that contains all of the registration, change of residence,	11995
school, institution of higher education, or place of employment	11996
address, and verification information the bureau receives pursuant	11997
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	11998
Code regarding aeach person who is convicted of or, pleads guilty	11999
to, or has been convicted of, or has pleaded guilty to, either a	12000
sexually oriented offense that is not a registration-exempt	12001
sexually oriented offense or a child-victim oriented offense or a	12002
and each person who is or has been adjudicated a delinquent child	12003
for committing either a sexually oriented offense that is not a	12004
registration-exempt sexually oriented offense or a child-victim	12005
oriented offense and is classified a juvenile offender registrant	12006
or is an out-of-state juvenile offender registrant based on that	12007
adjudication, and all of the information the bureau receives	12008
pursuant to section 2950.14 of the Revised Code, and any notice of	12009
an order terminating or modifying an offender's or delinquent	12010
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	12011
and 2950.06 of the Revised Code the bureau receives pursuant to	12012
section 2152.84, 2152.85, or 2950.15 of the Revised Code. For a	12013
person who was convicted of or pleaded guilty to the sexually	12014
oriented offense or child-victim related offense, the registry	12015
also shall indicate whether the person was convicted of or	12016
pleaded guilty to the offense in a criminal prosecution or in a	12017
serious youthful offender case. The registry shall not be open to	12018
inspection by the public or by any person other than a person	12019
identified in division (A) of section 2950.08 of the Revised	12020
Code. In addition to the information and material previously	12021
identified in this division, the registry shall include all of	12022
the following regarding each person who is listed in the	12023
registry:	12024

(a) A citation for, and the name of, all sexually oriented	12025
offenses or child-victim oriented offenses of which the person	12026
was convicted, to which the person pleaded guilty, or for which	12027
the person was adjudicated a delinquent child and that resulted	12028
in a registration duty, and the date on which those offenses were	12029
committed;	12030

(b) The text of the sexually oriented offenses or	12031
child-victim oriented offenses identified in division (A)(1)(a)	12032
of this section as those offenses existed at the time the person	12033
was convicted of, pleaded guilty to, or was adjudicated a	12034
delinquent child for committing those offenses, or a link to a	12035
database that sets forth the text of those offenses;	12036

(c) A statement as to whether the person is a tier I sex	12037
offender/child-victim offender, a tier II sex	12038
offender/child-victim offender, or a tier III sex	12039
offender/child-victim offender for the sexually oriented offenses	12040
or child-victim oriented offenses identified in division (A)(1)(a)	12041
of this section;	12042

(d) The community supervision status of the person,	12043
including, but not limited to, whether the person is serving a	12044
community control sanction and the nature of any such sanction,	12045
whether the person is under supervised release and the nature of	12046
the release, or regarding a juvenile, whether the juvenile is	12047
under any type of release authorized under Chapter 2152. or 5139.	12048
of the Revised Code and the nature of any such release;	12049

(e) The offense and delinquency history of the person, as	12050
determined from information gathered or provided under sections	12051
109.57 and 2950.14 of the Revised Code;	12052

(f) The bureau of criminal identification and investigation	12053
tracking number assigned to the person if one has been so	12054
assigned, the federal bureau of investigation number assigned to	12055
the person if one has been assigned and the bureau of criminal	12056
identification and investigation is aware of the number, and any	12057
other state identification number assigned to the person of which	12058
the bureau is aware;	12059

(g) Fingerprints and palmprints of the person;

12060

(h) A DNA specimen, as defined in section 109.573 of the	12061
Revised Code, from the person;	12062

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

12063

(j) Whether the person is in compliance with the person's	12064
duties under this chapter.	12065

(2) In consultation with local law enforcement	12066
representatives and no later than July 1, 1997, adopt rules that	12067
contain guidelines necessary for the implementation of this	12068
chapter;	12069

(3) In consultation with local law enforcement	12070
representatives, adopt rules for the implementation and	12071
administration of the provisions contained in section 2950.11 of	12072
the Revised Code that pertain to the notification of neighbors of	12073
an offender or a delinquent child who has committed a sexually	12074
oriented offense that is not a registration-exempt sexually	12075
oriented offense and has been adjudicated a sexual predator or	12076
determined to be a habitual sex offender, an offender who has	12077
committed an aggravated sexually oriented offense, or an offender	12078
or delinquent child who has committedor a child-victim oriented	12079
offense and has been adjudicated a child-victim predator or	12080
determined to be a habitual child-victim offender,and is in a	12081
category specified in division (F)(1) of that section and rules	12082
that prescribe a manner in which victims of either a sexually	12083
oriented offense that is not a registration-exempt sexually	12084
oriented offense or a child-victim oriented offense committed by	12085
an offender or a delinquent child who has been adjudicated a	12086
sexual predator or determined to be a habitual sex offender, an	12087
offender who has committed an aggravated sexually oriented	12088
offense, or an offender or delinquent child who has committed a	12089
child-victim oriented offense and has been adjudicated a	12090
child-victim predator or determined to be a habitual child-victim	12091
offenderis in a category specified in division (B)(1) of section	12092
2950.10 of the Revised Code may make a request that specifies that	12093
the victim would like to be provided the notices described in	12094
divisions (A)(1) and (2) of section 2950.10 of the Revised Code;	12095

(4) In consultation with local law enforcement	12096
representatives and through the bureau of criminal identification	12097
and investigation, prescribe the forms to be used by judges and	12098
officials pursuant to section 2950.03 or 2950.032 of the Revised	12099
Code to advise offenders and delinquent children of their duties	12100
of filing a notice of intent to reside, registration, notification	12101
of a change of residence, school, institution of higher education,	12102
or place of employment address and registration of the new,	12103
school, institution of higher education, or place of employment	12104
address, as applicable, and address verification under sections	12105
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	12106
prescribe the forms to be used by sheriffs relative to those	12107
duties of filing a notice of intent to reside, registration,	12108
change of residence, school, institution of higher education, or	12109
place of employment address notification, and address	12110
verification;	12111

(5) Make copies of the forms prescribed under division (A)(4)	12112
of this section available to judges, officials, and sheriffs;	12113

(6) Through the bureau of criminal identification and	12114
investigation, provide the notifications, the information and	12115
materials, and the documents that the bureau is required to	12116
provide to appropriate law enforcement officials and to the	12117
federal bureau of investigation pursuant to sections 2950.04,	12118
2950.041, 2950.05, and 2950.06 of the Revised Code;	12119

(7) Through the bureau of criminal identification and	12120
investigation, maintain the verification forms returned under the	12121
address verification mechanism set forth in section 2950.06 of the	12122
Revised Code;	12123

(8) In consultation with representatives of the officials,	12124
judges, and sheriffs, adopt procedures for officials, judges, and	12125
sheriffs to use to forward information, photographs, and	12126
fingerprints to the bureau of criminal identification and	12127
investigation pursuant to the requirements of sections 2950.03,	12128
2950.04, 2950.041, 2950.05, and 2950.06, and 2950.11 of the	12129
Revised Code;	12130

(9) In consultation with the director of education, the	12131
director of job and family services, and the director of	12132
rehabilitation and correction, adopt rules that contain guidelines	12133
to be followed by boards of education of a school district,	12134
chartered nonpublic schools or other schools not operated by a	12135
board of education, preschool programs, child day-care centers,	12136
type A family day-care homes, certified type B family day-care	12137
homes, and institutions of higher education regarding the proper	12138
use and administration of information received pursuant to section	12139
2950.11 of the Revised Code relative to an offender or delinquent	12140
child who has been adjudicated a sexual predator or child-victim	12141
predator or determined to be a habitual sex offender or habitual	12142
child-victim offender, or an offender who has committed an	12143
aggravated sexually oriented offensecommitted a sexually oriented	12144
offense or a child-victim oriented offense and is in a category	12145
specified in division (F)(1) of that section;	12146

(10) In consultation with local law enforcement	12147
representatives and no later than July 1, 1997, adopt rules that	12148
designate a geographic area or areas within which the notice	12149
described in division (B) of section 2950.11 of the Revised Code	12150
must be given to the persons identified in divisions (A)(2) to (8)	12151
and (A)(10) of that section;	12152

(11) Through the bureau of criminal identification and	12153
investigation, not later than January 1, 2004, establish and	12154
operate on the internet a sex offender and child-victim offender	12155
database that contains information for every offender who has	12156
committed either a sexually oriented offense that is not a	12157
registration-exempt sexually oriented offense or a child-victim	12158
oriented offense and who registers in any county in this state	12159
pursuant to section 2950.04 or 2950.041 of the Revised Code and	12160
for every delinquent child who has committed a sexually oriented	12161
offense, is a public registry-qualified juvenile offender	12162
registrant, and registers in any county in this state pursuant to	12163
either such section. The bureau shall not include on the database	12164
the identity of any offender's or public registry-qualified	12165
juvenile offender registrant's victim, any offender's or public	12166
registry-qualified juvenile offender registrant's social security	12167
number, the name of any school or institution of higher education	12168
attended by any offender or public registry-qualified juvenile	12169
offender registrant, the name of the place of employment of any	12170
offender or public registry-qualified juvenile offender	12171
registrant, any tracking or identification number described in	12172
division (A)(1)(f) of this section, or any information described	12173
in division (C)(7) of section 2950.04 or 2950.041 of the Revised	12174
Code. The bureau shall provide on the database, for each offender	12175
and each public registry-qualified juvenile offender registrant,	12176
at least the information specified in divisions (A)(11)(a) to (h)	12177
of this section. Otherwise, the bureau shall determine the	12178
information to be provided on the database for each offender and	12179
public registry-qualified juvenile offender registrant and shall	12180
obtain that information from the information contained in the	12181
state registry of sex offenders and child-victim offenders	12182
described in division (A)(1) of this section, which information,	12183
while in the possession of the sheriff who provided it, is a	12184
public record open for inspection as described in section	12185
2950.081 of the Revised Code. The information provided for each	12186
offender shall include at least the information set forth in	12187
division (B) of section 2950.11 of the Revised Code. The database	12188
is a public record open for inspection under section 149.43 of	12189
the Revised Code, and it shall be searchable by offender or	12190
public registry-qualified juvenile offender registrant name, by	12191
county, by zip code, and by school district. The database shall	12192
provide a link to the web site of each sheriff who has established	12193
and operates on the internet a sex offender and child-victim	12194
offender database that contains information for offenders and	12195
public registry-qualified juvenile offender registrants who	12196
register in that county pursuant to section 2950.04 or 2950.041 of	12197
the Revised Code, with the link being a direct link to the sex	12198
offender and child-victim offender database for the sheriff. The	12199
bureau shall provide on the database, for each offender and public	12200
registry-qualified juvenile offender registrant, at least the	12201
following information:	12202

(a) The information described in divisions (A)(1)(a), (b),	12203
(c), and (d) of this section relative to the offender or public	12204
registry-qualified juvenile offender registrant;	12205

(b) The address of the offender's or public	12206
registry-qualified juvenile offender registrant's school,	12207
institution of higher education, or place of employment provided	12208
in a registration form;	12209

(c) The information described in division (C)(6) of section	12210
2950.04 or 2950.041 of the Revised Code;	12211

(d) A chart describing which sexually oriented offenses and	12212
child-victim oriented offenses are included in the definitions of	12213
tier I sex offender/child-victim offender, tier II sex	12214
offender/child-victim offender, and tier III sex	12215
offender/child-victim offender;	12216

(e) Fingerprints and palm prints of the offender or public	12217
registry-qualified juvenile offender registrant and a DNA specimen	12218
from the offender or public registry-qualified juvenile offender	12219
registrant;	12220

(f) The information set forth in division (B) of section	12221
2950.11 of the Revised Code;	12222

(g) Any outstanding arrest warrants for the offender or	12223
public registry-qualified juvenile offender registrant;	12224

(h) The offender's or public registry-qualified juvenile	12225
offender registrant's compliance status with duties under this	12226
chapter.	12227

(12) Upon the request of any sheriff, provide technical	12228
guidance to the requesting sheriffDevelop software to be used by	12229
sheriffs in establishing on the internet a sex offender and	12230
child-victim offender database for the public dissemination of	12231
some or all of the information and materials described in division	12232
(A) of section 2950.081 of the Revised Code that are public	12233
records under that division, that are not prohibited from	12234
inclusion by division (B) of that section, and that pertain to	12235
offenders and public registry-qualified juvenile offender	12236
registrants who register in thatthe sheriff's county pursuant to	12237
section 2950.04 or 2950.041 of the Revised Code and for the public	12238
dissemination of information the sheriff receives pursuant to	12239
section 2950.14 of the Revised Code and, upon the request of any	12240
sheriff, provide technical guidance to the requesting sheriff in	12241
establishing on the internet such a database;	12242

(13) Through the bureau of criminal identification and	12243
investigation, not later than January 1, 2004, establish and	12244
operate on the internet a database that enables local law	12245
enforcement representatives to remotely search by electronic means	12246
the state registry of sex offenders and child-victim offenders	12247
described in division (A)(1) of this section and any information	12248
and materials the bureau receives pursuant to sections 2950.04,	12249
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	12250
database shall enable local law enforcement representatives to	12251
obtain detailed information regarding each offender and delinquent	12252
child who is included in the registry, including, but not limited	12253
to the offender's or delinquent child's name, aliases, residence	12254
address, name and address of any place of employment, school,	12255
institution of higher education, if applicable, motor vehicle	12256
license plate number ifof each vehicle identified in division	12257
(C)(5) of section 2950.04 or 2950.041 of the Revised Code to the	12258
extent applicable, victim preference if available, date of most	12259
recent release from confinement if applicable, fingerprints, and	12260
palmprints, all of the information and material described in	12261
division (A)(1)(a) to (h) of this section regarding the offender	12262
or delinquent child, and other identification parameters the	12263
bureau considers appropriate. The database is not a public record	12264
open for inspection under section 149.43 of the Revised Code and	12265
shall be available only to law enforcement representatives as	12266
described in this division. Information obtained by local law	12267
enforcement representatives through use of this database is not	12268
open to inspection by the public or by any person other than a	12269
person identified in division (A) of section 2950.08 of the	12270
Revised Code.	12271

(14) Through the bureau of criminal identification and	12272
investigation, maintain a list of requests for notice about a	12273
specified offender or delinquent child or specified geographical	12274
notification area made pursuant to division (J) of section 2950.11	12275
of the Revised Code and, when an offender or delinquent child	12276
changes residence to another county, forward any requests for	12277
information about that specific offender or delinquent child to	12278
the appropriate sheriff;	12279

(15) Through the bureau of criminal identification and	12280
investigation, establish and operate a system for the immediate	12281
notification by electronic means of the appropriate officials in	12282
other states specified in this division each time an offender or	12283
delinquent child registers a residence, school, institution of	12284
higher education, or place of employment address under section	12285
2950.04 or 2950.041 of the revised Code or provides a notice of a	12286
change of address or registers a new address under division (A) or	12287
(B) of section 2950.05 of the Revised Code. The immediate	12288
notification by electronic means shall be provided to the	12289
appropriate officials in each state in which the offender or	12290
delinquent child is required to register a residence, school,	12291
institution of higher education, or place of employment address.	12292
The notification shall contain the offender's or delinquent	12293
child's name and all of the information the bureau receives from	12294
the sheriff with whom the offender or delinquent child registered	12295
the address or provided the notice of change of address or	12296
registered the new address.	12297

(B) The attorney general in consultation with local law	12298
enforcement representatives, may adopt rules that establish one or	12299
more categories of neighbors of an offender or delinquent child	12300
who, in addition to the occupants of residential premises and	12301
other persons specified in division (A)(1) of section 2950.11 of	12302
the Revised Code, must be given the notice described in division	12303
(B) of that section.	12304

(C) No person, other than a local law enforcement	12305
representative, shall knowingly do any of the following:	12306

(1) Gain or attempt to gain access to the database	12307
established and operated by the attorney general, through the	12308
bureau of criminal identification and investigation, pursuant to	12309
division (A)(13) of this section.	12310

(2) Permit any person to inspect any information obtained	12311
through use of the database described in division (C)(1) of this	12312
section, other than as permitted under that division.	12313

(D) As used in this section, "local law enforcement	12314
representatives" means representatives of the sheriffs of this	12315
state, representatives of the municipal chiefs of police and	12316
marshals of this state, and representatives of the township	12317
constables and chiefs of police of the township police departments	12318
or police district police forces of this state.	12319

Sec. 2950.131. If, on or after the effective date of this	12320
section, the United States attorney general or an office	12321
established under the authority of the United States attorney	12322
general adopts any regulation, guideline, or standard that	12323
interprets or applies the federal Sex Offender Registration and	12324
Notification Act, Pub. L. No. 109-249, to require additional sex	12325
offender registration and notification than otherwise required by	12326
Chapter 2950. of the Revised Code, as amended by this act, or	12327
notifies the attorney general of this state that the amendments	12328
made by this act are not in substantial compliance with the	12329
federal Sex Offender Registration and Notification Act or	12330
regulations, guidelines or standards interpreting or applying the	12331
federal Sex Offender Registration and Notification Act, the	12332
attorney general of this state within one hundred eighty days	12333
after notification or the adoption of any regulation, guideline or	12334
standard that interprets or applies the federal Sex Offender	12335
Registration and Notification Act, shall adopt rules in accordance	12336
with Chapter 119. of the Revised Code to require additional sex	12337
offender registration or notification so that Ohio's sex offender	12338
registration and notification requirements are consistent with,	12339
and not less stringent than, the federal Sex Offender Registration	12340
and Notification Act and any regulation, guideline or standard	12341
that interprets or applies the federal Sex Offender Registration	12342
and Notification Act.	12343

Sec. 2950.14.  (A) Prior to releasing an offender who is	12344
under the custody and control of the department of rehabilitation	12345
and correction and who has been convicted of or pleaded guilty to	12346
committing, either prior to, on, or after January 1, 1997, any	12347
sexually oriented offense that is not a registration-exempt	12348
sexually oriented offense or any child-victim oriented offense,	12349
the department of rehabilitation and correction shall provide all	12350
of the information described in division (B) of this section to	12351
the bureau of criminal identification and investigation regarding	12352
the offender and to the sheriff of the county in which the	12353
offender's anticipated future residence is located. Prior to	12354
releasing a delinquent child who is in the custody of the	12355
department of youth services who has been adjudicated a delinquent	12356
child for committing on or after January 1, 2002, any sexually	12357
oriented offense that is not a registration-exempt sexually	12358
oriented offense or any child-victim oriented offense, regardless	12359
of when the offense was committed, and who has been classified a	12360
juvenile offender registrant based on that adjudication, the	12361
department of youth services shall provide all of the information	12362
described in division (B) of this section to the bureau of	12363
criminal identification and investigation regarding the delinquent	12364
child.	12365

(B) The department of rehabilitation and correction and the	12366
department of youth services shall provide all of the following	12367
information to the bureau of criminal identification and	12368
investigation regarding an offender or delinquent child described	12369
in division (A) of this section:	12370

(1) The offender's or delinquent child's name and any aliases	12371
used by the offender or delinquent child;	12372

(2) All identifying factors concerning, and a physical	12373
description of, the offender or delinquent child;	12374

(3) The offender's or delinquent child's anticipated future	12375
residence;	12376

(4) The offense and delinquency history and the terms and	12377
conditions of release of the offender or delinquent child;	12378

(5) Whether the offender or delinquent child was treated for	12379
a mental abnormality or personality disorder while under the	12380
custody and control of the department;	12381

(6) Any other information that the bureau indicates is	12382
relevant and that the department possesses.	12383

(C) Upon receipt of the information described in division (B)	12384
of this section regarding an offender or delinquent child, the	12385
bureau immediately shall enter the information into the state	12386
registry of sex offenders and child-victim offenders that the	12387
bureau maintains pursuant to section 2950.13 of the Revised Code	12388
and into the records that the bureau maintains pursuant to	12389
division (A) of section 109.57 of the Revised Code. Upon receipt	12390
of that information regarding an offender, the bureau immediately	12391
shall enter the information on the sex offender and child-victim	12392
offender database it establishes and operates on the internet	12393
pursuant to division (A)(11) of section 2950.13 of the Revised	12394
Code.	12395

(D) Upon receipt of the information described in division (B)	12396
of this section regarding an offender, a sheriff who has	12397
established on the internet a sex offender and child-victim	12398
offender database for the public dissemination of information	12399
regarding such offenders shall enter that information on the	12400
database.	12401

Sec. 2950.15.  (A) As used in this section and section	12402
2950.16 of the Revised Code, "eligible offender" means a person	12403
who is convicted of, pleads guilty to, was convicted of, or	12404
pleaded guilty to a sexually oriented offense or child-victim	12405
oriented offense, regardless of when the offense was committed,	12406
and is a tier I sex offender/child-victim offender or a child who	12407
is or was adjudicated a delinquent child for committing a sexually	12408
oriented offense or child-victim oriented offense, regardless of	12409
when the offense was committed, and is a public registry-qualified	12410
juvenile offender registrant.	12411

(B) Pursuant to this section, an eligible offender may make a	12412
motion to the court of common pleas or, for a delinquent child,	12413
the juvenile court of the county in which the eligible offender	12414
resides requesting that the court terminate the eligible	12415
offender's duty to comply with sections 2950.04, 2950.041,	12416
2950.05, and 2950.06 of the Revised Code. If the eligible offender	12417
is not a resident of this state, the eligible offender may make a	12418
motion to the court of common pleas of the county in which the	12419
eligible offender has registered pursuant to section 2950.04 or	12420
2950.041 of the Revised Code, but if the eligible offender has	12421
registered addresses of that nature in more than one county, the	12422
eligible offender may make such a motion in the court of only one	12423
of those counties. Notwithstanding any state or local rule	12424
assigning costs and fees for filing and processing civil and	12425
criminal cases, the fee for filing the motion shall be one hundred	12426
fifty dollars. This fee shall be applied to any further processing	12427
of the motion, including, but not limited to, the costs associated	12428
with investigating the motion, notifying relevant parties,	12429
scheduling hearings, and recording and reporting the court's	12430
determination.	12431

(C)(1) Except as provided in division (C)(2) of this section,	12432
an eligible offender who is classified a tier I sex	12433
offender/child-victim offender may make a motion under division	12434
(B) of this section upon the expiration of ten years after the	12435
eligible offender's duty to comply with division (A)(2) or (4) of	12436
section 2950.04 or division (A)(2) or (4) of section 2950.041 and	12437
sections 2950.05 and 2950.06 of the Revised Code begins in	12438
relation to the offense for which the eligible offender is subject	12439
to those provisions.	12440

(2) An eligible offender who is a delinquent child and is	12441
classified a public registry-qualified juvenile offender	12442
registrant may make a motion under division (B) of this section	12443
upon the expiration of twenty-five years after the eligible	12444
offender's duty to comply with division (A)(3) or (4) of section	12445
2950.04 and sections 2950.05 and 2950.06 of the Revised Code	12446
begins in relation to the offense for which the eligible offender	12447
is subject to those provisions.	12448

(D) An eligible offender who makes a motion under division	12449
(B) of this section shall include all of the following with the	12450
motion:	12451

(1) A certified copy of the judgment entry and any other	12452
documentation of the sentence or disposition given for the offense	12453
or offenses for which the eligible offender was convicted, pleaded	12454
guilty, or was adjudicated a delinquent child;	12455

(2) Documentation of the date of discharge from supervision	12456
or release, whichever is applicable;	12457

(3) Evidence that the eligible offender has completed a sex	12458
offender or child-victim offender treatment program certified by	12459
the department of rehabilitation and correction or the department	12460
of youth services pursuant to section 2950.16 of the Revised Code;	12461

(4) Evidence that the eligible offender has not been	12462
convicted of, pleaded guilty to, or been adjudicated a delinquent	12463
child for committing any subsequent sexually oriented offense,	12464
child-victim oriented offense, or other criminal offense, except	12465
for a minor misdemeanor traffic offense;	12466

(5) Evidence that the eligible offender has paid any	12467
financial sanctions imposed upon the offender pursuant to section	12468
2929.18 or 2929.28 of the Revised Code.	12469

(E) Upon the filing of a motion pursuant to division (B) of	12470
this section, the offender or delinquent child shall serve a copy	12471
of the motion on the prosecutor who handled the case in which the	12472
eligible offender was convicted of, pleaded guilty to, or was	12473
adjudicated a delinquent child for committing the sexually	12474
oriented offense or child-victim oriented offense. Upon the filing	12475
of the motion, the court shall set a tentative date for a hearing	12476
on the motion that is not later than one hundred eighty days from	12477
the date the motion is filed unless good cause exists to hold the	12478
hearing at a later date and shall notify the eligible offender and	12479
the prosecutor of the date, time, and place of the hearing. The	12480
court shall then forward a copy of the motion and its supporting	12481
documentation to the court's probation department or another	12482
appropriate agency to investigate the merits of the motion. The	12483
probation department or agency shall submit a written report	12484
detailing its investigation to the court within sixty days of	12485
receiving the motion and supporting documentation.	12486

Upon receipt of the written report from the probation	12487
department or other appropriate agency, the court shall forward a	12488
copy of the motion, supporting documentation, and the written	12489
report to the prosecutor.	12490

(F)(1) After the prosecutor is served with a copy of the	12491
motion as described in division (E) of this section, the	12492
prosecutor shall notify the victim of any offense for which the	12493
eligible offender is requesting a termination of duties under	12494
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	12495
Code. The victim may submit a written statement to the prosecutor	12496
regarding any knowledge the victim has of the eligible offender's	12497
conduct while subject to the duties imposed by sections 2950.04,	12498
2950.041, 2950.05, and 2950.06 of the Revised Code.	12499

(2) At least seven days before the hearing date, the	12500
prosecutor may file an objection to the motion with the court and	12501
serve a copy of the objection to the motion to the eligible	12502
offender or the eligible offender's attorney.	12503

(G) In addition to the evidence that accompanies the motion	12504
described in division (D) of this section and the written report	12505
submitted pursuant to division (E) of this section, in determining	12506
whether to grant a motion made under division (B) of this section,	12507
the court may consider any other evidence the court considers	12508
relevant, including, but not limited to, evidence of the following	12509
while the eligible offender has been subject to the duties imposed	12510
under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	12511
Revised Code:	12512

(1) Whether the eligible offender's driver's license,	12513
commercial driver's license, temporary instruction permit,	12514
probationary license, or nonresident operating privilege has ever	12515
been suspended;	12516

(2) Whether the eligible offender has maintained financial	12517
responsibility for a motor vehicle as required by section 4509.101	12518
of the Revised Code;	12519

(3) Whether the eligible offender has satisfied any child or	12520
spousal support obligations, if applicable;	12521

(4) Whether the eligible offender has paid all local, state,	12522
and federal income taxes, and has timely filed all associated	12523
income tax returns, as required by local, state, or federal law;	12524

(5) Whether there is evidence that the eligible offender has	12525
adequately addressed sex offending or child-victim offending	12526
behaviors;	12527

(6) Whether the eligible offender has maintained a residence	12528
for a substantial period of time;	12529

(7) Whether the eligible offender has maintained employment	12530
or, if the eligible offender has not been employed while under a	12531
duty to comply with sections 2950.04, 2950.041, 2950.05, and	12532
2950.06 of the Revised Code, whether the eligible offender has	12533
satisfied the offender's financial obligations through other	12534
manners of support such as disability payments, a pension, spousal	12535
or child support, or scholarships or grants;	12536

(8) Whether the eligible offender has adequately addressed	12537
any drug or alcohol abuse or addiction;	12538

(9) Letters of reference;

12539

(10) Documentation of the eligible offender's service to the	12540
community or to specific individuals in need.	12541

(H)(1) The court, without a hearing, may issue an order	12542
denying the eligible offender's motion to terminate the eligible	12543
offender's duty to comply with sections 2950.04, 2950.041,	12544
2950.05, and 2950.06 of the Revised Code if the court, based on	12545
the evidence submitted with the motion pursuant to division (D) of	12546
this section and the written report submitted pursuant to division	12547
(E) of this section and after considering the factors described in	12548
division (G) of this section, finds that those duties should not	12549
be terminated.	12550

(2) If the prosecutor does not file an objection to the	12551
eligible offender's application as provided in division (F)(2) of	12552
this section, the court, without a hearing, may issue an order	12553
that terminates the eligible offender's duty to comply with	12554
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	12555
Code if the court, based on the evidence submitted with the motion	12556
pursuant to division (D) of this section and the written report	12557
submitted pursuant to division (E) of this section and after	12558
considering the factors described in division (G) of this section,	12559
finds that those duties should be terminated.	12560

(3) If the court does not issue an order under division	12561
(H)(1) or (2) of this section, the court shall hold a hearing to	12562
determine whether to grant or deny the motion. At the hearing, the	12563
Rules of Civil Procedure or, if the hearing is in a juvenile	12564
court, the Rules of Juvenile Procedure apply, except to the extent	12565
that those Rules would by their nature be clearly inapplicable. At	12566
the hearing, the eligible offender has the burden of going forward	12567
with the evidence and the burden of proof by a preponderance of	12568
the evidence. If, after considering the evidence submitted with	12569
the motion pursuant to division (D) of this section, the written	12570
report submitted pursuant to division (E) of this section, and the	12571
factors described in division (G) of this section, the court finds	12572
that the eligible offender has satisfied the burden of proof, the	12573
court shall issue an order that terminates the eligible offender's	12574
duty to comply with sections 2950.04, 2950.041, 2950.05, and	12575
2950.06 of the Revised Code. If the court finds that the eligible	12576
offender has not satisfied the burden of proof, the court shall	12577
issue an order denying the motion.	12578

(4)(a) The court shall provide prompt notice of its order	12579
issued pursuant to division (H)(1), (2), or (3) of this section to	12580
the eligible offender or the eligible offender's attorney.	12581

(b) If the court issues an order terminating the eligible	12582
offender's duty to comply with sections 2950.04, 2950.041,	12583
2950.05, and 2950.06 of the Revised Code, the court shall promptly	12584
forward a copy of the order to the bureau of criminal	12585
identification and investigation. Upon receipt of the order, the	12586
bureau shall update all records pertaining to the eligible	12587
offender to reflect the termination order. The bureau also shall	12588
notify every sheriff with whom the eligible offender has most	12589
recently registered under section 2950.04, 2950.041, or 2950.05 of	12590
the Revised Code of the termination order.	12591

(c) If the court issues an order terminating the eligible	12592
offender's duty to comply with sections 2950.04, 2950.041,	12593
2950.05, and 2950.06 of the Revised Code, the court shall promptly	12594
forward a copy of the order to any court that sentenced the	12595
offender or adjudicated the child a delinquent child for a	12596
sexually oriented offense or child-victim oriented offense that is	12597
the basis of the termination order. The court that receives this	12598
notice shall retain a copy of the order in the eligible offender's	12599
original case file.	12600

Sec. 2950.16.  By July 1, 2008, the department of	12601
rehabilitation and correction and the department of youth services	12602
shall adopt rules pertaining to the certification of sex offender	12603
and child-victim offender treatment programs. The rules shall	12604
include a requirement that the departments periodically inspect	12605
and certify sex offender and child-victim offender treatment	12606
programs. The rules shall also include a requirement that the	12607
departments maintain a list of certified sex offender and	12608
child-victim offender treatment programs that is open to public	12609
inspection.	12610

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	12611
of the Revised Code, a first offender may apply to the sentencing	12612
court if convicted in this state, or to a court of common pleas if	12613
convicted in another state or in a federal court, for the sealing	12614
of the conviction record. Application may be made at the	12615
expiration of three years after the offender's final discharge if	12616
convicted of a felony, or at the expiration of one year after the	12617
offender's final discharge if convicted of a misdemeanor.	12618

(2) Any person who has been arrested for any misdemeanor	12619
offense and who has effected a bail forfeiture may apply to the	12620
court in which the misdemeanor criminal case was pending when bail	12621
was forfeited for the sealing of the record of the case. Except as	12622
provided in section 2953.61 of the Revised Code, the application	12623
may be filed at any time after the expiration of one year from the	12624
date on which the bail forfeiture was entered upon the minutes of	12625
the court or the journal, whichever entry occurs first.	12626

(B) Upon the filing of an application under this section, the	12627
court shall set a date for a hearing and shall notify the	12628
prosecutor for the case of the hearing on the application. The	12629
prosecutor may object to the granting of the application by filing	12630
an objection with the court prior to the date set for the hearing.	12631
The prosecutor shall specify in the objection the reasons for	12632
believing a denial of the application is justified. The court	12633
shall direct its regular probation officer, a state probation	12634
officer, or the department of probation of the county in which the	12635
applicant resides to make inquiries and written reports as the	12636
court requires concerning the applicant.	12637

(C)(1) The court shall do each of the following:

12638

(a) Determine whether the applicant is a first offender or	12639
whether the forfeiture of bail was agreed to by the applicant and	12640
the prosecutor in the case. If the applicant applies as a first	12641
offender pursuant to division (A)(1) of this section and has two	12642
or three convictions that result from the same indictment,	12643
information, or complaint, from the same plea of guilty, or from	12644
the same official proceeding, and result from related criminal	12645
acts that were committed within a three-month period but do not	12646
result from the same act or from offenses committed at the same	12647
time, in making its determination under this division, the court	12648
initially shall determine whether it is not in the public interest	12649
for the two or three convictions to be counted as one conviction.	12650
If the court determines that it is not in the public interest for	12651
the two or three convictions to be counted as one conviction, the	12652
court shall determine that the applicant is not a first offender;	12653
if the court does not make that determination, the court shall	12654
determine that the offender is a first offender.	12655

(b) Determine whether criminal proceedings are pending	12656
against the applicant;	12657

(c) If the applicant is a first offender who applies pursuant	12658
to division (A)(1) of this section, determine whether the	12659
applicant has been rehabilitated to the satisfaction of the court;	12660

(d) If the prosecutor has filed an objection in accordance	12661
with division (B) of this section, consider the reasons against	12662
granting the application specified by the prosecutor in the	12663
objection;	12664

(e) Weigh the interests of the applicant in having the	12665
records pertaining to the applicant's conviction sealed against	12666
the legitimate needs, if any, of the government to maintain those	12667
records.	12668

(2) If the court determines, after complying with division	12669
(C)(1) of this section, that the applicant is a first offender or	12670
the subject of a bail forfeiture, that no criminal proceeding is	12671
pending against the applicant, and that the interests of the	12672
applicant in having the records pertaining to the applicant's	12673
conviction or bail forfeiture sealed are not outweighed by any	12674
legitimate governmental needs to maintain those records, and that	12675
the rehabilitation of an applicant who is a first offender	12676
applying pursuant to division (A)(1) of this section has been	12677
attained to the satisfaction of the court, the court, except as	12678
provided in division (G) of this section, shall order all official	12679
records pertaining to the case sealed and, except as provided in	12680
division (F) of this section, all index references to the case	12681
deleted and, in the case of bail forfeitures, shall dismiss the	12682
charges in the case. The proceedings in the case shall be	12683
considered not to have occurred and the conviction or bail	12684
forfeiture of the person who is the subject of the proceedings	12685
shall be sealed, except that upon conviction of a subsequent	12686
offense, the sealed record of prior conviction or bail forfeiture	12687
may be considered by the court in determining the sentence or	12688
other appropriate disposition, including the relief provided for	12689
in sections 2953.31 to 2953.33 of the Revised Code.	12690

(3) Upon the filing of an application under this section, the	12691
applicant, unless indigent, shall pay a fee of fifty dollars. The	12692
court shall pay thirty dollars of the fee into the state treasury.	12693
It shall pay twenty dollars of the fee into the county general	12694
revenue fund if the sealed conviction or bail forfeiture was	12695
pursuant to a state statute, or into the general revenue fund of	12696
the municipal corporation involved if the sealed conviction or	12697
bail forfeiture was pursuant to a municipal ordinance.	12698

(D) Inspection of the sealed records included in the order	12699
may be made only by the following persons or for the following	12700
purposes:	12701

(1) By a law enforcement officer or prosecutor, or the	12702
assistants of either, to determine whether the nature and	12703
character of the offense with which a person is to be charged	12704
would be affected by virtue of the person's previously having been	12705
convicted of a crime;	12706

(2) By the parole or probation officer of the person who is	12707
the subject of the records, for the exclusive use of the officer	12708
in supervising the person while on parole or under a community	12709
control sanction or a post-release control sanction, and in making	12710
inquiries and written reports as requested by the court or adult	12711
parole authority;	12712

(3) Upon application by the person who is the subject of the	12713
records, by the persons named in the application;	12714

(4) By a law enforcement officer who was involved in the	12715
case, for use in the officer's defense of a civil action arising	12716
out of the officer's involvement in that case;	12717

(5) By a prosecuting attorney or the prosecuting attorney's	12718
assistants, to determine a defendant's eligibility to enter a	12719
pre-trial diversion program established pursuant to section	12720
2935.36 of the Revised Code;	12721

(6) By any law enforcement agency or any authorized employee	12722
of a law enforcement agency or by the department of rehabilitation	12723
and correction as part of a background investigation of a person	12724
who applies for employment with the agency as a law enforcement	12725
officer or with the department as a corrections officer;	12726

(7) By any law enforcement agency or any authorized employee	12727
of a law enforcement agency, for the purposes set forth in, and in	12728
the manner provided in, section 2953.321 of the Revised Code;	12729

(8) By the bureau of criminal identification and	12730
investigation or any authorized employee of the bureau for the	12731
purpose of providing information to a board or person pursuant to	12732
division (F) or (G) of section 109.57 of the Revised Code;	12733

(9) By the bureau of criminal identification and	12734
investigation or any authorized employee of the bureau for the	12735
purpose of performing a criminal history records check on a person	12736
to whom a certificate as prescribed in section 109.77 of the	12737
Revised Code is to be awarded;	12738

(10) By the bureau of criminal identification and	12739
investigation, an authorized employee of the bureau, a sheriff, or	12740
an authorized employee of a sheriff in connection with a criminal	12741
records check described in section 311.41 of the Revised Code;	12742

(11) By the attorney general or an authorized employee of the	12743
attorney general or a court for purposes of determining a person's	12744
classification pursuant to Chapter 2950. of the Revised Code.	12745

When the nature and character of the offense with which a	12746
person is to be charged would be affected by the information, it	12747
may be used for the purpose of charging the person with an	12748
offense.	12749

(E) In any criminal proceeding, proof of any otherwise	12750
admissible prior conviction may be introduced and proved,	12751
notwithstanding the fact that for any such prior conviction an	12752
order of sealing previously was issued pursuant to sections	12753
2953.31 to 2953.36 of the Revised Code.	12754

(F) The person or governmental agency, office, or department	12755
that maintains sealed records pertaining to convictions or bail	12756
forfeitures that have been sealed pursuant to this section may	12757
maintain a manual or computerized index to the sealed records. The	12758
index shall contain only the name of, and alphanumeric identifiers	12759
that relate to, the persons who are the subject of the sealed	12760
records, the word "sealed," and the name of the person, agency,	12761
office, or department that has custody of the sealed records, and	12762
shall not contain the name of the crime committed. The index shall	12763
be made available by the person who has custody of the sealed	12764
records only for the purposes set forth in divisions (C), (D), and	12765
(E) of this section.	12766

(G) Notwithstanding any provision of this section or section	12767
2953.33 of the Revised Code that requires otherwise, a board of	12768
education of a city, local, exempted village, or joint vocational	12769
school district that maintains records of an individual who has	12770
been permanently excluded under sections 3301.121 and 3313.662 of	12771
the Revised Code is permitted to maintain records regarding a	12772
conviction that was used as the basis for the individual's	12773
permanent exclusion, regardless of a court order to seal the	12774
record. An order issued under this section to seal the record of a	12775
conviction does not revoke the adjudication order of the	12776
superintendent of public instruction to permanently exclude the	12777
individual who is the subject of the sealing order. An order	12778
issued under this section to seal the record of a conviction of an	12779
individual may be presented to a district superintendent as	12780
evidence to support the contention that the superintendent should	12781
recommend that the permanent exclusion of the individual who is	12782
the subject of the sealing order be revoked. Except as otherwise	12783
authorized by this division and sections 3301.121 and 3313.662 of	12784
the Revised Code, any school employee in possession of or having	12785
access to the sealed conviction records of an individual that were	12786
the basis of a permanent exclusion of the individual is subject to	12787
section 2953.35 of the Revised Code.	12788

Sec. 2967.12.  (A) Except as provided in division (G) of this	12789
section, at least three weeks before the adult parole authority	12790
recommends any pardon or commutation of sentence, or grants any	12791
parole, the authority shall send a notice of the pendency of the	12792
pardon, commutation, or parole, setting forth the name of the	12793
person on whose behalf it is made, the offense of which the person	12794
was convicted or to which the person pleaded guilty, the time of	12795
conviction or the guilty plea, and the term of the person's	12796
sentence, to the prosecuting attorney and the judge of the court	12797
of common pleas of the county in which the indictment against the	12798
person was found. If there is more than one judge of that court of	12799
common pleas, the authority shall send the notice to the presiding	12800
judge. The department of rehabilitation and correction, at the	12801
same time that it provides the notice to the prosecuting attorney	12802
and judge under this division, also shall post on the database it	12803
maintains pursuant to section 5120.66 of the Revised Code the	12804
offender's name and all of the information specified in division	12805
(A)(1)(c)(iii) of that section.	12806

(B) If a request for notification has been made pursuant to	12807
section 2930.16 of the Revised Code, the adult parole authority	12808
also shall give notice to the victim or the victim's	12809
representative prior to recommending any pardon or commutation of	12810
sentence for, or granting any parole to, the person. The authority	12811
shall provide the notice at the same time as the notice required	12812
by division (A) of this section and shall include in the notice	12813
the information required to be set forth in that notice. The	12814
notice also shall inform the victim or the victim's representative	12815
that the victim or representative may send a written statement	12816
relative to the victimization and the pending action to the adult	12817
parole authority and that, if the authority receives any written	12818
statement prior to recommending a pardon or commutation or	12819
granting a parole for a person, the authority will consider the	12820
statement before it recommends a pardon or commutation or grants a	12821
parole. If the person is being considered for parole, the notice	12822
shall inform the victim or the victim's representative that a full	12823
board hearing of the parole board may be held and that the victim	12824
or victim's representative may contact the office of victims'	12825
services for further information. If the person being considered	12826
for parole was convicted of or pleaded guilty to violating section	12827
2903.01 or 2903.02 of the Revised Code, the notice shall inform	12828
the victim of that offense, the victim's representative, or a	12829
member of the victim's immediate family that the victim, the	12830
victim's representative, and the victim's immediate family have	12831
the right to give testimony at a full board hearing of the parole	12832
board and that the victim or victim's representative may contact	12833
the office of victims' services for further information. As used	12834
in this division, "the victim's immediate family" means the	12835
mother, father, spouse, sibling, or child of the victim.	12836

(C) When notice of the pendency of any pardon, commutation of	12837
sentence, or parole has been given to a judge or prosecutor or	12838
posted on the database as provided in division (A) of this section	12839
and a hearing on the pardon, commutation, or parole is continued	12840
to a date certain, the authority shall provide notice of the	12841
further consideration of the pardon, commutation, or parole at	12842
least ten days before the further consideration. The notice of the	12843
further consideration shall be provided to the proper judge and	12844
prosecuting attorney by mail at least ten days before the further	12845
consideration, and, if the initial notice was posted on the	12846
database as provided in division (A) of this section, the notice	12847
of the further consideration shall be posted on the database at	12848
least ten days before the further consideration. When notice of	12849
the pendency of any pardon, commutation, or parole has been given	12850
as provided in division (B) of this section and the hearing on it	12851
is continued to a date certain, the authority shall give notice of	12852
the further consideration to the victim or the victim's	12853
representative in accordance with section 2930.03 of the Revised	12854
Code.	12855

(D) In case of an application for the pardon or commutation	12856
of sentence of a person sentenced to capital punishment, the	12857
governor may modify the requirements of notification and	12858
publication if there is not sufficient time for compliance with	12859
the requirements before the date fixed for the execution of	12860
sentence.	12861

(E) If an offender is serving a prison term imposed under	12862
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	12863
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	12864
Revised Code and if the parole board terminates its control over	12865
the offender's service of that term pursuant to section 2971.04 of	12866
the Revised Code, the parole board immediately shall provide	12867
written notice of its termination of control or the transfer of	12868
control to the entities and persons specified in section 2971.04	12869
of the Revised Code.	12870

(F) The failure of the adult parole authority to comply with	12871
the notice or posting provisions of division (A), (B), or (C) of	12872
this section or the failure of the parole board to comply with the	12873
notice provisions of division (E) of this section do not give any	12874
rights or any grounds for appeal or post-conviction relief to the	12875
person serving the sentence.	12876

(G) Divisions (A), (B), and (C) of this section do not apply	12877
to any release of a person that is of the type described in	12878
division (B)(2)(b) of section 5120.031 of the Revised Code.	12879

(H) In addition to and independent of the right of a victim	12880
to make a statement as described in division (A) of this section	12881
or pursuant to section 2930.17 of the Revised Code or to otherwise	12882
make a statement, the authority for a judge or prosecuting	12883
attorney to furnish statements and information, make	12884
recommendations, and give testimony as described in division (A)	12885
of this section, the right of a prosecuting attorney, judge, or	12886
victim to give testimony or submit a statement at a full parole	12887
board hearing pursuant to section 5149.101 of the Revised Code,	12888
and any other right or duty of a person to present information or	12889
make a statement, any person may send to the adult parole	12890
authority at any time prior to the authority's recommending a	12891
pardon or commutation or granting a parole for the offender a	12892
written statement relative to the offense and the pending action.	12893

Sec. 2967.121.  (A) Subject to division (C) of this section,	12894
at least two weeks before any convict who is serving a sentence	12895
for committing a felony of the first, second, or third degree is	12896
released from confinement in any state correctional institution	12897
pursuant to a pardon, commutation of sentence, parole, or	12898
completed prison term, the adult parole authority shall send	12899
notice of the release to the prosecuting attorney of the county in	12900
which the indictment of the convict was found.	12901

(B) The notice required by division (A) of this section may	12902
be contained in a weekly list of all felons of the first, second,	12903
or third degree who are scheduled for release. The notice shall	12904
contain all of the following:	12905

(1) The name of the convict being released;

12906

(2) The date of the convict's release;

12907

(3) The offense for the violation of which the convict was	12908
convicted and incarcerated;	12909

(4) The date of the convict's conviction pursuant to which	12910
the convict was incarcerated;	12911

(5) The sentence imposed for that conviction;

12912

(6) The length of any supervision that the convict will be	12913
under;	12914

(7) The name, business address, and business phone number of	12915
the convict's supervising officer;	12916

(8) The address at which the convict will reside.

12917

(C) Divisions (A) and (B) of this section do not apply to the	12918
release from confinement of an offender if the offender is serving	12919
a prison term imposed under division (A)(3), (B)(1)(a), (b), or	12920
(c), or (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of	12921
section 2971.03 of the Revised Code, if the court pursuant to	12922
section 2971.05 of the Revised Code modifies the requirement that	12923
the offender serve that entire term in a state correctional	12924
institution, and if the release from confinement is pursuant to	12925
that modification. In a case of that type, the court that modifies	12926
the requirement promptly shall provide written notice of the	12927
modification and the order that modifies the requirement or	12928
revises the modification to the offender, the department of	12929
rehabilitation and correction, the prosecuting attorney, and any	12930
state agency or political subdivision that is affected by the	12931
order.	12932

Sec. 2971.01.  As used in this chapter:

12933

(A) "Mandatory prison term" has the same meaning as in	12934
section 2929.01 of the Revised Code.	12935

(B) "Designated homicide, assault, or kidnapping offense"	12936
means any of the following:	12937

(1) A violation of section 2903.01, 2903.02, 2903.11, or	12938
2905.01 of the Revised Code or a violation of division (A) of	12939
section 2903.04 of the Revised Code;	12940

(2) An attempt to commit or complicity in committing a	12941
violation listed in division (B)(1) of this section, if the	12942
attempt or complicity is a felony.	12943

(C) "Examiner" has the same meaning as in section 2945.371 of	12944
the Revised Code.	12945

(D) "Peace officer" has the same meaning as in section	12946
2935.01 of the Revised Code.	12947

(E) "Prosecuting attorney" means the prosecuting attorney who	12948
prosecuted the case of the offender in question or the successor	12949
in office to that prosecuting attorney.	12950

(F) "Sexually oriented offense" and "child-victim oriented	12951
offense" have the same meanings as in section 2950.01 of the	12952
Revised Code.	12953

(G) "Sexually violent offense" means any of the following:

12954

(1) A violent sex offense;

12955

(2) A designated homicide, assault, or kidnapping offense	12956
that the offender commits with a sexual motivation.	12957

(H)(1) "Sexually violent predator" means a person who, on or	12958
after January 1, 1997, commits a sexually violent offense and is	12959
likely to engage in the future in one or more sexually violent	12960
offenses.	12961

(2) For purposes of division (H)(1) of this section, any of	12962
the following factors may be considered as evidence tending to	12963
indicate that there is a likelihood that the person will engage in	12964
the future in one or more sexually violent offenses:	12965

(a) The person has been convicted two or more times, in	12966
separate criminal actions, of a sexually oriented offense or a	12967
child-victim oriented offense. For purposes of this division,	12968
convictions that result from or are connected with the same act or	12969
result from offenses committed at the same time are one	12970
conviction, and a conviction set aside pursuant to law is not a	12971
conviction.	12972

(b) The person has a documented history from childhood, into	12973
the juvenile developmental years, that exhibits sexually deviant	12974
behavior.	12975

(c) Available information or evidence suggests that the	12976
person chronically commits offenses with a sexual motivation.	12977

(d) The person has committed one or more offenses in which	12978
the person has tortured or engaged in ritualistic acts with one or	12979
more victims.	12980

(e) The person has committed one or more offenses in which	12981
one or more victims were physically harmed to the degree that the	12982
particular victim's life was in jeopardy.	12983

(f) Any other relevant evidence.

12984

(I) "Sexually violent predator specification" means a	12985
specification, as described in section 2941.148 of the Revised	12986
Code, that charges that a person charged with a violent sex	12987
offense, or a person charged with a designated homicide, assault,	12988
or kidnapping offense and a sexual motivation specification, is a	12989
sexually violent predator.	12990

(J) "Sexual motivation" means a purpose to gratify the sexual	12991
needs or desires of the offender.	12992

(K) "Sexual motivation specification" means a specification,	12993
as described in section 2941.147 of the Revised Code, that charges	12994
that a person charged with a designated homicide, assault, or	12995
kidnapping offense committed the offense with a sexual motivation.	12996

(L) "Violent sex offense" means any of the following:

12997

(1) A violation of section 2907.02, 2907.03, or 2907.12 or of	12998
division (A)(4) or (B) of section 2907.05 of the Revised Code;	12999

(2) A felony violation of a former law of this state that is	13000
substantially equivalent to a violation listed in division (L)(1)	13001
of this section or of an existing or former law of the United	13002
States or of another state that is substantially equivalent to a	13003
violation listed in division (L)(1) of this section;	13004

(3) An attempt to commit or complicity in committing a	13005
violation listed in division (L)(1) or (2) of this section if the	13006
attempt or complicity is a felony.	13007

Sec. 2971.03.  (A) Notwithstanding divisions (A), (B), (C),	13008
and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06,	13009
2929.13, or another section of the Revised Code, other than	13010
divisions (D) and (E) of section 2929.14 of the Revised Code, that	13011
authorizes or requires a specified prison term or a mandatory	13012
prison term for a person who is convicted of or pleads guilty to a	13013
felony or that specifies the manner and place of service of a	13014
prison term or term of imprisonment, the court shall impose a	13015
sentence upon a person who is convicted of or pleads guilty to a	13016
violent sex offense and who also is convicted of or pleads guilty	13017
to a sexually violent predator specification that was included in	13018
the indictment, count in the indictment, or information charging	13019
that offense, and upon a person who is convicted of or pleads	13020
guilty to a designated homicide, assault, or kidnapping offense	13021
and also is convicted of or pleads guilty to both a sexual	13022
motivation specification and a sexually violent predator	13023
specification that were included in the indictment, count in the	13024
indictment, or information charging that offense, as follows:	13025

(1) If the offense for which the sentence is being imposed is	13026
aggravated murder and if the court does not impose upon the	13027
offender a sentence of death, it shall impose upon the offender a	13028
term of life imprisonment without parole. If the court sentences	13029
the offender to death and the sentence of death is vacated,	13030
overturned, or otherwise set aside, the court shall impose upon	13031
the offender a term of life imprisonment without parole.	13032

(2) If the offense for which the sentence is being imposed is	13033
murder; or if the offense is rape committed in violation of	13034
division (A)(1)(b) of section 2907.02 of the Revised Code when the	13035
offender purposely compelled the victim to submit by force or	13036
threat of force, when the victim was less than ten years of age,	13037
when the offender previously has been convicted of or pleaded	13038
guilty to either rape committed in violation of that division or a	13039
violation of an existing or former law of this state, another	13040
state, or the United States that is substantially similar to	13041
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	13042
the offender during or immediately after the commission of the	13043
rape caused serious physical harm to the victim; or if the offense	13044
is an offense other than aggravated murder or murder for which a	13045
term of life imprisonment may be imposed, it shall impose upon the	13046
offender a term of life imprisonment without parole.	13047

(3)(a) Except as otherwise provided in division (A)(3)(b),	13048
(c), (d), or (e) or (A)(4) of this section, if the offense for	13049
which the sentence is being imposed is an offense other than	13050
aggravated murder, murder, or rape and other than an offense for	13051
which a term of life imprisonment may be imposed, it shall impose	13052
an indefinite prison term consisting of a minimum term fixed by	13053
the court from among the range of terms available as a definite	13054
term for the offense, but not less than two years, and a maximum	13055
term of life imprisonment.	13056

(b) Except as otherwise provided in division (A)(4) of this	13057
section, if the offense for which the sentence is being imposed is	13058
kidnapping that is a felony of the first degree, it shall impose	13059
an indefinite prison term as follows:	13060

(i) If the kidnapping is committed on or after the effective	13061
date of this amendment and the victim of the offense is less than	13062
thirteen years of age, except as otherwise provided in this	13063
division, it shall impose an indefinite prison term consisting of	13064
a minimum term of fifteen years and a maximum term of life	13065
imprisonment. If the kidnapping is committed on or after the	13066
effective date of this amendment, the victim of the offense is	13067
less than thirteen years of age, and the offender released the	13068
victim in a safe place unharmed, it shall impose an indefinite	13069
prison term consisting of a minimum term of ten years and a	13070
maximum term of life imprisonment.	13071

(ii) If the kidnapping is committed prior to the effective	13072
date of this amendment or division (A)(3)(b)(i) of this section	13073
does not apply, it shall impose an indefinite term consisting of a	13074
minimum term fixed by the court that is not less than ten years,	13075
and a maximum term of life imprisonment.	13076

(c) Except as otherwise provided in division (A)(4) of this	13077
section, if the offense for which the sentence is being imposed is	13078
kidnapping that is a felony of the second degree, it shall impose	13079
an indefinite prison term consisting of a minimum term fixed by	13080
the court that is not less than eight years, and a maximum term of	13081
life imprisonment.	13082

(d) Except as otherwise provided in division (A)(4) of this	13083
section, if the offense for which the sentence is being imposed is	13084
rape for which a term of life imprisonment is not imposed under	13085
division (A)(2) of this section or division (B) of section 2907.02	13086
of the Revised Code, it shall impose an indefinite prison term as	13087
follows:	13088

(i) If the rape is committed on or after the effective date	13089
of this amendmentJanuary 2, 2007, in violation of division	13090
(A)(1)(b) of section 2907.02 of the Revised Code, it shall impose	13091
an indefinite prison term consisting of a minimum term of	13092
twenty-five years and a maximum term of life imprisonment.	13093

(ii) If the rape is committed prior to the effective date of	13094
this amendmentJanuary 2, 2007, or the rape is committed on or	13095
after the effective date of this amendmentJanuary 2, 2007, other	13096
than in violation of division (A)(1)(b) of section 2907.02 of the	13097
Revised Code, it shall impose an indefinite prison term consisting	13098
of a minimum term fixed by the court that is not less than ten	13099
years, and a maximum term of life imprisonment.	13100

(e) Except as otherwise provided in division (A)(4) of this	13101
section, if the offense for which sentence is being imposed is	13102
attempted rape, it shall impose an indefinite prison term as	13103
follows:	13104

(i) Except as otherwise provided in division (A)(3)(e)(ii),	13105
(iii), or (iv) of this section, it shall impose an indefinite	13106
prison term pursuant to division (A)(3)(a) of this section.	13107

(ii) If the attempted rape for which sentence is being	13108
imposed was committed on or after the effective date of this	13109
amendmentJanuary 2, 2007, and if the offender also is convicted	13110
of or pleads guilty to a specification of the type described in	13111
section 2941.1418 of the Revised Code, it shall impose an	13112
indefinite prison term consisting of a minimum term of five years	13113
and a maximum term of twenty-five years.	13114

(iii) If the attempted rape for which sentence is being	13115
imposed was committed on or after the effective date of this	13116
amendmentJanuary 2, 2007, and if the offender also is convicted	13117
of or pleads guilty to a specification of the type described in	13118
section 2941.1419 of the Revised Code, it shall impose an	13119
indefinite prison term consisting of a minimum term of ten years	13120
and a maximum of life imprisonment.	13121

(iv) If the attempted rape for which sentence is being	13122
imposed was committed on or after the effective date of this	13123
amendmentJanuary 2, 2007, and if the offender also is convicted	13124
of or pleads guilty to a specification of the type described in	13125
section 2941.1420 of the Revised Code, it shall impose an	13126
indefinite prison term consisting of a minimum term of fifteen	13127
years and a maximum of life imprisonment.	13128

(4) For any offense for which the sentence is being imposed,	13129
if the offender previously has been convicted of or pleaded guilty	13130
to a violent sex offense and also to a sexually violent predator	13131
specification that was included in the indictment, count in the	13132
indictment, or information charging that offense, or previously	13133
has been convicted of or pleaded guilty to a designated homicide,	13134
assault, or kidnapping offense and also to both a sexual	13135
motivation specification and a sexually violent predator	13136
specification that were included in the indictment, count in the	13137
indictment, or information charging that offense, it shall impose	13138
upon the offender a term of life imprisonment without parole.	13139

(B)(1) Notwithstanding section 2929.13, division (A), (B),	13140
(C), or (F) of section 2929.14, or another section of the Revised	13141
Code other than division (B) of section 2907.02 or divisions (D)	13142
and (E) of section 2929.14 of the Revised Code that authorizes or	13143
requires a specified prison term or a mandatory prison term for a	13144
person who is convicted of or pleads guilty to a felony or that	13145
specifies the manner and place of service of a prison term or term	13146
of imprisonment, if a person is convicted of or pleads guilty to a	13147
violation of division (A)(1)(b) of section 2907.02 of the Revised	13148
Code committed on or after the effective date of this amendment	13149
January 2, 2007, if division (A) of this section does not apply	13150
regarding the person, and if the court does not impose a sentence	13151
of life without parole when authorized pursuant to division (B) of	13152
section 2907.02 of the Revised Code, the court shall impose upon	13153
the person an indefinite prison term consisting of one of the	13154
following:	13155

(a) Except as otherwise required in division (B)(1)(b) or (c)	13156
of this section, a minimum term of ten years and a maximum term of	13157
life imprisonment.	13158

(b) If the victim was less than ten years of age, a minimum	13159
term of fifteen years and a maximum of life imprisonment.	13160

(c) If the offender purposely compels the victim to submit by	13161
force or threat of force, or if the offender previously has been	13162
convicted of or pleaded guilty to violating division (A)(1)(b) of	13163
section 2907.02 of the Revised Code or to violating an existing or	13164
former law of this state, another state, or the United States that	13165
is substantially similar to division (A)(1)(b) of that section, or	13166
if the offender during or immediately after the commission of the	13167
offense caused serious physical harm to the victim, a minimum term	13168
of twenty-five years and a maximum of life imprisonment.	13169

(2) Notwithstanding section 2929.13, division (A), (B), (C),	13170
or (F) of section 2929.14, or another section of the Revised Code	13171
other than divisions (D) and (E) of section 2929.14 of the Revised	13172
Code that authorizes or requires a specified prison term or a	13173
mandatory prison term for a person who is convicted of or pleads	13174
guilty to a felony or that specifies the manner and place of	13175
service of a prison term or term of imprisonment and except as	13176
otherwise provided in division (B) of section 2907.02 of the	13177
Revised Code, if a person is convicted of or pleads guilty to	13178
attempted rape committed on or after the effective date of this	13179
amendmentJanuary 2, 2007, and if division (A) of this section	13180
does not apply regarding the person, the court shall impose upon	13181
the person an indefinite prison term consisting of one of the	13182
following:	13183

(a) If the person also is convicted of or pleads guilty to a	13184
specification of the type described in section 2941.1418 of the	13185
Revised Code, the court shall impose upon the person an indefinite	13186
prison term consisting of a minimum term of five years and a	13187
maximum term of twenty-five years.	13188

(b) If the person also is convicted of or pleads guilty to a	13189
specification of the type described in section 2941.1419 of the	13190
Revised Code, the court shall impose upon the person an indefinite	13191
prison term consisting of a minimum term of ten years and a	13192
maximum term of life imprisonment.	13193

(c) If the person also is convicted of or pleads guilty to a	13194
specification of the type described in section 2941.1420 of the	13195
Revised Code, the court shall impose upon the person an indefinite	13196
prison term consisting of a minimum term of fifteen years and a	13197
maximum term of life imprisonment.	13198

(3) Notwithstanding section 2929.13, division (A), (B), (C),	13199
or (F) of section 2929.14, or another section of the Revised Code	13200
other than divisions (D) and (E) of section 2929.14 of the Revised	13201
Code that authorizes or requires a specified prison term or a	13202
mandatory prison term for a person who is convicted of or pleads	13203
guilty to a felony or that specifies the manner and place of	13204
service of a prison term or term of imprisonment, if a person is	13205
convicted of or pleads guilty to an offense described in division	13206
(B)(3)(a), (b), (c), or (d) of this section committed on or after	13207
the effective date of this amendment, if the person also is	13208
convicted of or pleads guilty to a sexual motivation specification	13209
that was included in the indictment, count in the indictment, or	13210
information charging that offense, and if division (A) of this	13211
section does not apply regarding the person, the court shall	13212
impose upon the person an indefinite prison term consisting of one	13213
of the following:	13214

(a) An indefinite prison term consisting of a minimum of ten	13215
years and a maximum term of life imprisonment if the offense for	13216
which the sentence is being imposed is kidnapping, the victim of	13217
the offense is less than thirteen years of age, and the offender	13218
released the victim in a safe place unharmed;	13219

(b) An indefinite prison term consisting of a minimum of	13220
fifteen years and a maximum term of life imprisonment if the	13221
offense for which the sentence is being imposed is kidnapping when	13222
the victim of the offense is less than thirteen years of age and	13223
division (B)(3)(a) of this section does not apply;	13224

(c) An indefinite term consisting of a minimum of thirty	13225
years and a maximum term of life imprisonment if the offense for	13226
which the sentence is being imposed is aggravated murder, when the	13227
victim of the offense is less than thirteen years of age, a	13228
sentence of death or life imprisonment without parole is not	13229
imposed for the offense, and division (A)(2)(b)(ii) of section	13230
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	13231
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	13232
division (A) or (B) of section 2929.06 of the Revised Code	13233
requires that the sentence for the offense be imposed pursuant to	13234
this division;	13235

(d) An indefinite prison term consisting of a minimum of	13236
thirty years and a maximum term of life imprisonment if the	13237
offense for which the sentence is being imposed is murder when the	13238
victim of the offense is less than thirteen years of age.	13239

(C)(1) If the offender is sentenced to a prison term pursuant	13240
to division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	13241
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	13242
board shall have control over the offender's service of the term	13243
during the entire term unless the parole board terminates its	13244
control in accordance with section 2971.04 of the Revised Code.	13245

(2) Except as provided in division (C)(3) of this section, an	13246
offender sentenced to a prison term or term of life imprisonment	13247
without parole pursuant to division (A) of this section shall	13248
serve the entire prison term or term of life imprisonment in a	13249
state correctional institution. The offender is not eligible for	13250
judicial release under section 2929.20 of the Revised Code.	13251

(3) For a prison term imposed pursuant to division (A)(3),	13252
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	13253
(c), or (d) of this section, the court, in accordance with section	13254
2971.05 of the Revised Code, may terminate the prison term or	13255
modify the requirement that the offender serve the entire term in	13256
a state correctional institution if all of the following apply:	13257

(a) The offender has served at least the minimum term imposed	13258
as part of that prison term.	13259

(b) The parole board, pursuant to section 2971.04 of the	13260
Revised Code, has terminated its control over the offender's	13261
service of that prison term.	13262

(c) The court has held a hearing and found, by clear and	13263
convincing evidence, one of the following:	13264

(i) In the case of termination of the prison term, that the	13265
offender is unlikely to commit a sexually violent offense in the	13266
future;	13267

(ii) In the case of modification of the requirement, that the	13268
offender does not represent a substantial risk of physical harm to	13269
others.	13270

(4) An offender who has been sentenced to a term of life	13271
imprisonment without parole pursuant to division (A)(1), (2), or	13272
(4) of this section shall not be released from the term of life	13273
imprisonment or be permitted to serve a portion of it in a place	13274
other than a state correctional institution.	13275

(D) If a court sentences an offender to a prison term or term	13276
of life imprisonment without parole pursuant to division (A) of	13277
this section and the court also imposes on the offender one or	13278
more additional prison terms pursuant to division (D) of section	13279
2929.14 of the Revised Code, all of the additional prison terms	13280
shall be served consecutively with, and prior to, the prison term	13281
or term of life imprisonment without parole imposed upon the	13282
offender pursuant to division (A) of this section.	13283

(E) If the offender is convicted of or pleads guilty to two	13284
or more offenses for which a prison term or term of life	13285
imprisonment without parole is required to be imposed pursuant to	13286
division (A) of this section, divisions (A) to (D) of this section	13287
shall be applied for each offense. All minimum terms imposed upon	13288
the offender pursuant to division (A)(3) or (B) of this section	13289
for those offenses shall be aggregated and served consecutively,	13290
as if they were a single minimum term imposed under that division.	13291

(F)(1) If an offender is convicted of or pleads guilty to a	13292
violent sex offense and also is convicted of or pleads guilty to a	13293
sexually violent predator specification that was included in the	13294
indictment, count in the indictment, or information charging that	13295
offense, or is convicted of or pleads guilty to a designated	13296
homicide, assault, or kidnapping offense and also is convicted of	13297
or pleads guilty to both a sexual motivation specification and a	13298
sexually violent predator specification that were included in the	13299
indictment, count in the indictment, or information charging that	13300
offense, the conviction of or plea of guilty to the offense and	13301
the sexually violent predator specification automatically	13302
classifies the offender as a sexual predatortier III sex	13303
offender/child-victim offender for purposes of Chapter 2950. of	13304
the Revised Code. If	13305

(2) If an offender is convicted of or pleads guilty to	13306
committing on or after the effective date of this amendment	13307
January 2, 2007, a violation of division (A)(1)(b) of section	13308
2907.02 of the Revised Code and either the offender is sentenced	13309
under section 2971.03 of the Revised Code or a sentence of life	13310
without parole is imposed under division (B) of section 2907.02 of	13311
the Revised Code, the conviction of or plea of guilty to the	13312
offense automatically classifies the offender as a sexual predator	13313
tier III sex offender/child-victim offender for purposes of	13314
Chapter 2950. of the Revised Code. If	13315

(3) If a person is convicted of or pleads guilty to	13316
committing on or after the effective date of this amendment	13317
January 2, 2007, attempted rape and also is convicted of or pleads	13318
guilty to a specification of the type described in section	13319
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the	13320
conviction of or plea of guilty to the offense and the	13321
specification automatically classify the offender as a sexual	13322
predatortier III sex offender/child-victim offender for purposes	13323
of this chapterChapter 2950. of the Revised Code. The	13324
classification pursuant to this division of an offender as a	13325
sexual predator for purposes of Chapter 2950. of the Revised Code	13326
is permanent and continues until the offender's death as described	13327
in division (D)(2) of section 2950.09 of the Revised Code.	13328

(4) If a person is convicted of or pleads guilty to one of	13329
the offenses described in division (B)(3)(a), (b), (c), or (d) of	13330
this section and a sexual motivation specification related to the	13331
offense and the victim of the offense is less than thirteen years	13332
of age, the conviction of or plea of guilty to the offense	13333
automatically classifies the offender as a tier III sex	13334
offender/child-victim offender for purposes of Chapter 2950. of	13335
the Revised Code.	13336

Sec. 2971.04.  (A) If an offender is serving a prison term	13337
imposed under division (A)(3), (B)(1)(a), (b), or (c), or	13338
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	13339
2971.03 of the Revised Code, at any time after the offender has	13340
served the minimum term imposed under that sentence, the parole	13341
board may terminate its control over the offender's service of the	13342
prison term. The parole board initially shall determine whether to	13343
terminate its control over the offender's service of the prison	13344
term upon the completion of the offender's service of the minimum	13345
term under the sentence and shall make subsequent determinations	13346
at least once every two years after that first determination. The	13347
parole board shall not terminate its control over the offender's	13348
service of the prison term unless it finds at a hearing that the	13349
offender does not represent a substantial risk of physical harm to	13350
others. Prior to determining whether to terminate its control over	13351
the offender's service of the prison term, the parole board shall	13352
request the department of rehabilitation and correction to prepare	13353
pursuant to section 5120.61 of the Revised Code an update of the	13354
most recent risk assessment and report relative to the offender.	13355
The offender has the right to be present at any hearing held under	13356
this section. At the hearing, the offender and the prosecuting	13357
attorney may make a statement and present evidence as to whether	13358
the parole board should terminate its control over the offender's	13359
service of the prison term. In making its determination as to	13360
whether to terminate its control over the offender's service of	13361
the prison term, the parole board may follow the standards and	13362
guidelines adopted by the department of rehabilitation and	13363
correction under section 5120.49 of the Revised Code and shall	13364
consider the updated risk assessment and report relating to the	13365
offender prepared by the department pursuant to section 5120.61 of	13366
the Revised Code in response to the request made under this	13367
division and any statements or evidence submitted by the offender	13368
or the prosecuting attorney. If the parole board terminates its	13369
control over an offender's service of a prison term imposed under	13370
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	13371
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	13372
Revised Code, it shall recommend to the court modifications to the	13373
requirement that the offender serve the entire term in a state	13374
correctional institution. The court is not bound by the	13375
recommendations submitted by the parole board.	13376

(B) If the parole board terminates its control over an	13377
offender's service of a prison term imposed pursuant to division	13378
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or	13379
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	13380
Code, the parole board immediately shall provide written notice of	13381
its termination of control to the department of rehabilitation and	13382
correction, the court, and the prosecuting attorney, and, after	13383
the board's termination of its control, the court shall have	13384
control over the offender's service of that prison term.	13385

After the transfer, the court shall have control over the	13386
offender's service of that prison term for the offender's entire	13387
life, subject to the court's termination of the term pursuant to	13388
section 2971.05 of the Revised Code.	13389

(C) If control over the offender's service of the prison term	13390
is transferred to the court, all of the following apply:	13391

(1) The offender shall not be released solely as a result of	13392
the transfer of control over the service of that prison term.	13393

(2) The offender shall not be permitted solely as a result of	13394
the transfer to serve a portion of that term in a place other than	13395
a state correctional institution.	13396

(3) The offender shall continue serving that term in a state	13397
correctional institution, subject to the following:	13398

(a) A release pursuant to a pardon, commutation, or reprieve;

13399

(b) A modification or termination of the term by the court	13400
pursuant to this chapter.	13401

Sec. 2971.05.  (A)(1) After control over an offender's	13402
service of a prison term imposed pursuant to division (A)(3),	13403
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or (B)(3)(a),	13404
(b), (c), or (d) of section 2971.03 of the Revised Code has been	13405
transferred pursuant to section 2971.04 of the Revised Code to the	13406
court, the court shall schedule, within thirty days of any of the	13407
following, a hearing on whether to modify in accordance with	13408
division (C) of this section the requirement that the offender	13409
serve the entire prison term in a state correctional institution	13410
or to terminate the prison term in accordance with division (D) of	13411
this section:	13412

(a) Control over the offender's service of a prison term is	13413
transferred pursuant to section 2971.04 of the Revised Code to the	13414
court, and no hearing to modify the requirement has been held;	13415

(b) Two years elapse after the most recent prior hearing held	13416
pursuant to division (A)(1) or (2) of this section;	13417

(c) The prosecuting attorney, the department of	13418
rehabilitation and correction, or the adult parole authority	13419
requests the hearing, and recommends that the requirement be	13420
modified or that the offender's prison term be terminated.	13421

(2) After control over the offender's service of a prison	13422
term has been transferred pursuant to section 2971.04 of the	13423
Revised Code to the court, the court, within thirty days of either	13424
of the following, shall conduct a hearing on whether to modify in	13425
accordance with division (C) of this section the requirement that	13426
the offender serve the entire prison term in a state correctional	13427
institution, whether to continue, revise, or revoke an existing	13428
modification of that requirement, or whether to terminate the term	13429
in accordance with division (D) of this section:	13430

(a) The requirement that the offender serve the entire prison	13431
term in a state correctional institution has been modified, and	13432
the offender is taken into custody for any reason.	13433

(b) The department of rehabilitation and correction or the	13434
prosecuting attorney notifies the court pursuant to section	13435
2971.06 of the Revised Code regarding a known or suspected	13436
violation of a term or condition of the modification or a belief	13437
that there is a substantial likelihood that the offender has	13438
committed or is about to commit a sexually violent offense.	13439

(3) After control over the offender's service of a prison	13440
term has been transferred pursuant to section 2971.04 of the	13441
Revised Code to the court, the court, in any of the following	13442
circumstances, may conduct a hearing within thirty days to	13443
determine whether to modify in accordance with division (C) of	13444
this section the requirement that the offender serve the entire	13445
prison term in a state correctional institution, whether to	13446
continue, revise, or revoke an existing modification of that	13447
requirement, or whether to terminate the sentence in accordance	13448
with division (D) of this section:	13449

(a) The offender requests the hearing;

13450

(b) Upon the court's own motion;

13451

(c) One or more examiners who have conducted a psychological	13452
examination and assessment of the offender file a statement that	13453
states that there no longer is a likelihood that the offender will	13454
engage in the future in a sexually violent offense.	13455

(B)(1) Before a court holds a hearing pursuant to division	13456
(A) of this section, the court shall provide notice of the date,	13457
time, place, and purpose of the hearing to the offender, the	13458
prosecuting attorney, the department of rehabilitation and	13459
correction, and the adult parole authority and shall request the	13460
department to prepare pursuant to section 5120.61 of the Revised	13461
Code an update of the most recent risk assessment and report	13462
relative to the offender. The offender has the right to be	13463
present at any hearing held under this section. At the hearing,	13464
the offender and the prosecuting attorney may make a statement and	13465
present evidence as to whether the requirement that the offender	13466
serve the entire prison term in a state correctional institution	13467
should or should not be modified, whether the existing	13468
modification of the requirement should be continued, revised, or	13469
revoked, and whether the prison term should or should not be	13470
terminated.	13471

(2) At a hearing held pursuant to division (A) of this	13472
section, the court may and, if the hearing is held pursuant to	13473
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall	13474
determine by clear and convincing evidence whether the offender is	13475
unlikely to commit a sexually violent offense in the future.	13476

(3) At the conclusion of the hearing held pursuant to	13477
division (A) of this section, the court may order that the	13478
requirement that the offender serve the entire prison term in a	13479
state correctional institution be continued, that the requirement	13480
be modified pursuant to division (C) of this section, that an	13481
existing modification be continued, revised, or revoked pursuant	13482
to division (C) of this section, or that the prison term be	13483
terminated pursuant to division (D) of this section.	13484

(C)(1) If, at the conclusion of a hearing held pursuant to	13485
division (A) of this section, the court determines by clear and	13486
convincing evidence that the offender will not represent a	13487
substantial risk of physical harm to others, the court may modify	13488
the requirement that the offender serve the entire prison term	13489
imposed under division (A)(3), (B)(1)(a), (b), or (c), or	13490
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	13491
2971.03 of the Revised Code in a state correctional institution in	13492
a manner that the court considers appropriate. If the court	13493
modifies the requirement for an offender whose prison term was	13494
imposed pursuant to division (A)(3) of section 2971.03 of the	13495
Revised Code, the court shall order the adult parole authority to	13496
supervise the offender and shall require that the authority's	13497
supervision of the offender be pursuant to division (E) of this	13498
section. If the court modifies the requirement for an offender	13499
whose prison term was imposed pursuant to division (B)(1)(a), (b),	13500
or (c) or, (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of	13501
section 2971.03 of the Revised Code, the court shall order the	13502
adult parole authority to supervise the offender and may require	13503
that the authority's supervision of the offender be pursuant to	13504
division (E) of this section.	13505

(2) The modification of the requirement does not terminate	13506
the prison term but serves only to suspend the requirement that	13507
the offender serve the entire term in a state correctional	13508
institution. The prison term shall remain in effect for the	13509
offender's entire life unless the court terminates the prison term	13510
pursuant to division (D) of this section. The offender shall	13511
remain under the jurisdiction of the court for the offender's	13512
entire life unless the court so terminates the prison term. The	13513
modification of the requirement does not terminate the	13514
classification of the offender, as described in division (F) of	13515
section 2971.03 of the Revised Code, as a sexual predator for	13516
purposes of Chapter 2950. of the Revised Code, and the offender is	13517
subject to supervision, including supervision under division (E)	13518
of this section if the court required the supervision of the	13519
offender to be pursuant to that division.	13520

(3) If the court revokes the modification under	13521
consideration, the court shall order that the offender be returned	13522
to the custody of the department of rehabilitation and correction	13523
to continue serving the prison term to which the modification	13524
applied, and section 2971.06 of the Revised Code applies regarding	13525
the offender.	13526

(D)(1) If, at the conclusion of a hearing held pursuant to	13527
division (A) of this section, the court determines by clear and	13528
convincing evidence that the offender is unlikely to commit a	13529
sexually violent offense in the future, the court may terminate	13530
the offender's prison term imposed under division (A)(3),	13531
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or (B)(3)(a),	13532
(b), (c), or (d) of section 2971.03 of the Revised Code, subject	13533
to the offender satisfactorily completing the period of	13534
conditional release required by this division and, if applicable,	13535
compliance with division (E) of this section. If the court	13536
terminates the prison term, the court shall place the offender on	13537
conditional release for five years, notify the adult parole	13538
authority of its determination and of the termination of the	13539
prison term, and order the adult parole authority to supervise the	13540
offender during the five-year period of conditional release or, if	13541
division (E) applies to the offender, to supervise the offender	13542
pursuant to and for the period of time specified in that division.	13543
If the court terminates the prison term for an offender whose	13544
prison term was imposed pursuant to division (A)(3) of section	13545
2971.03 of the Revised Code, the court shall require that the	13546
authority's supervision of the offender be pursuant to division	13547
(E) of this section. If the court terminates the prison term for	13548
an offender whose prison term was imposed pursuant to division	13549
(B)(1)(a), (b), or (c) or, (2)(a), (b), or (c), or (3)(a), (b),	13550
(c), or (d) of section 2971.03 of the Revised Code, the court may	13551
require that the authority's supervision of the offender be	13552
pursuant to division (E) of this section. Upon receipt of a notice	13553
from a court pursuant to this division, the adult parole authority	13554
shall supervise the offender who is the subject of the notice	13555
during the five-year period of conditional release, periodically	13556
notify the court of the offender's activities during that	13557
five-year period of conditional release, and file with the court	13558
no later than thirty days prior to the expiration of the five-year	13559
period of conditional release a written recommendation as to	13560
whether the termination of the offender's prison term should be	13561
finalized, whether the period of conditional release should be	13562
extended, or whether another type of action authorized pursuant to	13563
this chapter should be taken.	13564

(2) Upon receipt of a recommendation of the adult parole	13565
authority filed pursuant to division (D)(1) of this section, the	13566
court shall hold a hearing to determine whether to finalize the	13567
termination of the offender's prison term, to extend the period of	13568
conditional release, or to take another type of action authorized	13569
pursuant to this chapter. The court shall hold the hearing no	13570
later than the date on which the five-year period of conditional	13571
release terminates and shall provide notice of the date, time,	13572
place, and purpose of the hearing to the offender and to the	13573
prosecuting attorney. At the hearing, the offender, the	13574
prosecuting attorney, and the adult parole authority employee who	13575
supervised the offender during the period of conditional release	13576
may make a statement and present evidence.	13577

If the court determines at the hearing to extend an	13578
offender's period of conditional release, it may do so for	13579
additional periods of one year in the same manner as the original	13580
period of conditional release, and, except as otherwise described	13581
in this division, all procedures and requirements that applied to	13582
the original period of conditional release apply to the additional	13583
period of extended conditional release unless the court modifies a	13584
procedure or requirement. If an offender's period of conditional	13585
release is extended as described in this division, all references	13586
to a five-year period of conditional release that are contained in	13587
division (D)(1) of this section shall be construed, in applying	13588
the provisions of that division to the extension, as being	13589
references to the one-year period of the extension of the	13590
conditional release.	13591

If the court determines at the hearing to take another type	13592
of action authorized pursuant to this chapter, it may do so in the	13593
same manner as if the action had been taken at any other stage of	13594
the proceedings under this chapter. As used in this division,	13595
"another type of action" includes the revocation of the	13596
conditional release and the return of the offender to a state	13597
correctional institution to continue to serve the prison term.	13598

If the court determines at the hearing to finalize the	13599
termination of the offender's prison term, it shall notify the	13600
department of rehabilitation and correction, the department shall	13601
enter into its records a final release and issue to the offender a	13602
certificate of final release, and the prison term thereafter shall	13603
be considered completed and terminated in every way.	13604

(3) The termination of an offender's prison term pursuant to	13605
division (D)(1) or (2) of this section does not affect the	13606
classification of the offender, as described in division (F) of	13607
section 2971.03 of the Revised Code, as a sexual predatortier III	13608
sex offender/child-victim offender for purposes of Chapter 2950.	13609
of the Revised Code, does not terminate the adult parole	13610
authority's supervision of the offender, and, if the court had	13611
required the supervision of the offender to be pursuant to	13612
division (E) of this section, does not terminate the supervision	13613
of the offender with an active global positioning system device,	13614
pursuant to that division. The classification of the offender as a	13615
sexual predator is permanent and continues until the offender's	13616
death as described in division (D)(2) of section 2950.09 of the	13617
Revised Code.	13618

(E) If a prison term imposed upon an offender pursuant to	13619
division (A)(3) of section 2971.03 of the Revised Code is modified	13620
as provided in division (C) of this section or terminated as	13621
provided in division (D) of this section, the adult parole	13622
authority shall supervise the offender with an active global	13623
positioning system device during any time period in which the	13624
offender is not incarcerated in a state correctional institution.	13625
If a prison term imposed upon an offender pursuant to division	13626
(B)(1)(a), (b), or (c) or, (2)(a), (b), or (c), or (3)(a), (b),	13627
(c), or (d) of section 2971.03 of the Revised Code is modified as	13628
provided in division (C) of this section or terminated as provided	13629
in division (D) of this section, and if the court requires that	13630
the adult parole authority's supervision of the offender be	13631
pursuant to this division, the authority shall supervise the	13632
offender with an active global positioning system device during	13633
any time period in which the offender is not incarcerated in a	13634
state correctional institution. If the adult parole authority is	13635
required to supervise the offender with an active global	13636
positioning system device as described in this division, unless	13637
the court removes the offender's classification as a sexually	13638
violent predator regarding an offender whose prison term was	13639
imposed under division (A)(3) of section 2971.03 of the Revised	13640
Code or terminates the requirement that supervision of the	13641
offender be pursuant to this division regarding an offender whose	13642
prison term was imposed under division (B)(1)(a), (b), or (c) or,	13643
(2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of section	13644
2971.03 of the Revised Code, the offender is subject to	13645
supervision with an active global positioning system pursuant to	13646
this division for the offender's entire life. The costs of	13647
administering the supervision of offenders with an active global	13648
positioning system device pursuant to this division shall be paid	13649
out of funds from the reparations fund, created pursuant to	13650
section 2743.191 of the Revised Code. This division shall only	13651
apply to a sexually violent predator sentenced pursuant to	13652
division (A)(3) of section 2971.03 of the Revised Code who is	13653
released from the custody of the department of rehabilitation and	13654
correction on or after September 29, 2005, or an offender	13655
sentenced pursuant to division (B)(1) or (2) of section 2971.03 of	13656
the Revised Code on or after the effective date of this amendment	13657
January 2, 2007.	13658

Sec. 2971.06.  If an offender is serving a prison term	13659
imposed under division (A)(3), (B)(1)(a), (b), or (c), or	13660
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	13661
2971.03 of the Revised Code, if, pursuant to section 2971.05 of	13662
the Revised Code, the court modifies the requirement that the	13663
offender serve the entire prison term in a state correctional	13664
institution or places the offender on conditional release, and if,	13665
at any time after the offender has been released from serving the	13666
term in an institution, the department of rehabilitation and	13667
correction or the prosecuting attorney learns or obtains	13668
information indicating that the offender has violated a term or	13669
condition of the modification or conditional release or believes	13670
there is a substantial likelihood that the offender has committed	13671
or is about to commit a sexually violent offense, all of the	13672
following apply:	13673

(A) The department or the prosecuting attorney may contact a	13674
peace officer, parole officer, or probation officer and request	13675
the officer to take the offender into custody. If the department	13676
contacts a peace officer, parole officer, or probation officer and	13677
requests that the offender be taken into custody, the department	13678
shall notify the prosecuting attorney that it made the request and	13679
shall provide the reasons for which it made the request. Upon	13680
receipt of a request that an offender be taken into custody, a	13681
peace officer, parole officer, or probation officer shall take the	13682
offender in question into custody and promptly shall notify the	13683
department and the prosecuting attorney, in writing, that the	13684
offender was taken into custody. After the offender has been taken	13685
into custody, the department or the prosecuting attorney shall	13686
notify the court of the violation or the belief that there is a	13687
substantial likelihood that the offender has committed or is about	13688
to commit a sexually violent offense, and the prosecuting attorney	13689
may request that the court, pursuant to section 2971.05 of the	13690
Revised Code, revise the modification. An offender may be held in	13691
custody under this provision for no longer than thirty days,	13692
pending a determination pursuant to section 2971.05 of the Revised	13693
Code of whether the modification of the requirement that the	13694
offender serve the entire prison term in a state correctional	13695
institution should be revised. If the court fails to make a	13696
determination under that section regarding the prosecuting	13697
attorney's request within thirty days after the offender was taken	13698
into custody, the offender shall be released from custody and	13699
shall be subject to the same terms and conditions as existed under	13700
the then-existing modification of the requirement that the	13701
offender serve the entire prison term in a state correctional	13702
institution, provided that if the act that resulted in the	13703
offender being taken into custody under this division is a	13704
criminal offense and if the offender is arrested for that act, the	13705
offender may be retained in custody in accordance with the	13706
applicable law.	13707

(B) If the offender is not taken into custody pursuant to	13708
division (A) of this section, the department or the prosecuting	13709
attorney shall notify the court of the known or suspected	13710
violation or of the belief that there is a substantial likelihood	13711
that the offender has committed or is about to commit a sexually	13712
violent offense. If the department provides the notification to	13713
the court, it also shall notify the prosecuting attorney that it	13714
provided the notification and shall provide the reasons for which	13715
it provided the notification. The prosecuting attorney may request	13716
that the court, pursuant to section 2971.05 of the Revised Code,	13717
revise the modification.	13718

Sec. 2971.07.  (A) This chapter does not apply to any	13719
offender unless the offender is one of the following:	13720

(1) The offender is convicted of or pleads guilty to a	13721
violent sex offense and also is convicted of or pleads guilty to a	13722
sexually violent predator specification that was included in the	13723
indictment, count in the indictment, or information charging that	13724
offense, unless the.	13725

(2) The offender is convicted of or pleads guilty to a	13726
designated homicide, assault, or kidnapping offense and also is	13727
convicted of or pleads guilty to both a sexual motivation	13728
specification and a sexually violent predator specification that	13729
were included in the indictment, count in the indictment, or	13730
information charging that offense, unless the.	13731

(3) The offender is convicted of or pleads guilty to a	13732
violation of division (A)(1)(b) of section 2907.02 of the Revised	13733
Code committed on or after the effective date of this amendment	13734
January 2, 2007, and the court does not sentence the offender to a	13735
term of life without parole pursuant to division (B) of section	13736
2907.02 of the Revised Code or division (B) of that section	13737
prohibits the court from sentencing the offender pursuant to	13738
section 2971.03 of the Revised Code, or unless the.	13739

(4) The offender is convicted of or pleads guilty to	13740
attempted rape committed on or after the effective date of this	13741
amendmentJanuary 2, 2007, and also is convicted of or pleads	13742
guilty to a specification of the type described in section	13743
2941.1418, 2941.1419, or 2941.1420 of the Revised Code.	13744

(5) The offender is convicted of or pleads guilty to a	13745
violation of section 2905.01 of the Revised Code and also is	13746
convicted of or pleads guilty to a sexual motivation specification	13747
that was included in the indictment, count in the indictment, or	13748
information charging that offense, and that section requires a	13749
court to sentence the offender pursuant to section 2971.03 of the	13750
Revised Code.	13751

(6) The offender is convicted of or pleads guilty to	13752
aggravated murder and also is convicted of or pleads guilty to a	13753
sexual motivation specification that was included in the	13754
indictment, count in the indictment, or information charging that	13755
offense, and division (A)(2)(b)(ii) of section 2929.022, division	13756
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	13757
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section	13758
2929.06 of the Revised Code requires a court to sentence the	13759
offender pursuant to division (B)(3) of section 2971.03 of the	13760
Revised Code.	13761

(7) The offender is convicted of or pleads guilty to murder	13762
and also is convicted of or pleads guilty to a sexual motivation	13763
specification that was included in the indictment, count in the	13764
indictment, or information charging that offense, and division	13765
(B)(2) of section 2929.02 of the Revised Code requires a court to	13766
sentence the offender pursuant to section 2971.03 of the Revised	13767
Code.	13768

(B) This chapter does not limit or affect a court that	13769
sentences an offender who is convicted of or pleads guilty to a	13770
violent sex offense and also is convicted of or pleads guilty to a	13771
sexually violent predator specification, a court that sentences an	13772
offender who is convicted of or pleads guilty to a designated	13773
homicide, assault, or kidnapping offense and also is convicted of	13774
or pleads guilty to both a sexual motivation specification and a	13775
sexually violent predator specification, a court that sentences an	13776
offender who is convicted of or pleads guilty to a violation of	13777
division (A)(1)(b) of section 2907.02 of the Revised Code	13778
committed on or after the effective date of this amendment	13779
pursuant to section 2971.03 of the Revised Code, or a court that	13780
sentences an offender who is convicted of or pleads guilty to	13781
attempted rape committed on or after the effective date of this	13782
amendment and also is convicted of or pleads guilty to a	13783
specification of the type described in section 2941.1418,	13784
2941.1419, or 2941.1420 of the Revised Code in imposing upon the	13785
an offender described in divisions (A)(1) to (9) of this section	13786
any financial sanction under section 2929.18 or any other section	13787
of the Revised Code, or, except as specifically provided in this	13788
chapter, any other sanction that is authorized or required for the	13789
offense or violation by any other provision of law.	13790

(C) If an offender is sentenced to a prison term under	13791
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	13792
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	13793
Revised Code and if, pursuant to section 2971.05 of the Revised	13794
Code, the court modifies the requirement that the offender serve	13795
the entire prison term in a state correctional institution or	13796
places the offender on conditional release that involves the	13797
placement of the offender under the supervision of the adult	13798
parole authority, authorized field officers of the authority who	13799
are engaged within the scope of their supervisory duties or	13800
responsibilities may search, with or without a warrant, the person	13801
of the offender, the place of residence of the offender, and a	13802
motor vehicle, another item of tangible or intangible personal	13803
property, or any other real property in which the offender has the	13804
express or implied permission of a person with a right, title, or	13805
interest to use, occupy, or possess if the field officer has	13806
reasonable grounds to believe that the offender is not abiding by	13807
the law or otherwise is not complying with the terms and	13808
conditions of the offender's modification or release. The	13809
authority shall provide each offender with a written notice that	13810
informs the offender that authorized field officers of the	13811
authority who are engaged within the scope of their supervisory	13812
duties or responsibilities may conduct those types of searches	13813
during the period of the modification or release if they have	13814
reasonable grounds to believe that the offender is not abiding by	13815
the law or otherwise is not complying with the terms and	13816
conditions of the offender's modification or release.	13817

Sec. 5120.49.  The department of rehabilitation and	13818
correction, by rule adopted under Chapter 119. of the Revised	13819
Code, shall prescribe standards and guidelines to be used by the	13820
parole board in determining, pursuant to section 2971.04 of the	13821
Revised Code, whether it should terminate its control over an	13822
offender's service of a prison term imposed upon the offender	13823
under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	13824
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	13825
Revised Code for conviction of or a plea of guilty to a violent	13826
sex offense and a sexually violent predator specification or for	13827
conviction of or a plea of guilty to a designated homicide,	13828
assault, or kidnapping offense and both a sexual motivation	13829
specification and a sexually violent predator specification,	13830
imposed upon the offender under division (B)(1)(a), (b), or (c) of	13831
section 2971.03 of the Revised Code for conviction of or a plea of	13832
guilty to a violation of division (A)(1)(b) of section 2907.02 of	13833
the Revised Code committed on or after the effective date of this	13834
amendment, or imposed upon the offender under division (B)(2)(a),	13835
(b), or (c) of section 2971.03 of the Revised Code for conviction	13836
of or a plea of guilty to attempted rape committed on or after the	13837
effective date of this amendment and a conviction of or plea of	13838
guilty to a specification of the type described in section	13839
2941.1418, 2941.1419, or 2941.1420 of the Revised Code. The rules	13840
shall include provisions that specify that the parole board may	13841
not terminate its control over an offender's service of a prison	13842
term imposed upon the offender under eitherany of the specified	13843
divisions until after the offender has served the minimum term	13844
imposed as part of that prison term and until the parole board has	13845
determined that the offender does not represent a substantial risk	13846
of physical harm to others.	13847

Sec. 5120.61.  (A)(1) Not later than ninety days after	13848
January 1, 1997, the department of rehabilitation and correction	13849
shall adopt standards that it will use under this section to	13850
assess athe following criminal offenders and may periodically	13851
revise the standards:	13852

(a) A criminal offender who is convicted of or pleads guilty	13853
to a violent sex offense or designated homicide, assault, or	13854
kidnapping offense and is adjudicated a sexually violent predator	13855
in relation to that offense,;	13856

(b) A criminal offender who is convicted of or pleads guilty	13857
to a violation of division (A)(1)(b) of section 2907.02 of the	13858
Revised Code committed on or after the effective date of this	13859
amendmentJanuary 2, 2007, and either who is sentenced under	13860
section 2971.03 of the Revised Code or upon whom a sentence of	13861
life without parole is imposed under division (B) of section	13862
2907.02 of the Revised Code, or;	13863

(c) A criminal offender who is convicted of or pleads guilty	13864
to attempted rape committed on or after the effective date of this	13865
amendmentJanuary 2, 2007, and a specification of the type	13866
described in section 2941.1418, 2941.1419, or 2941.1420 of the	13867
Revised Code;	13868

(d) A criminal offender who is convicted of or pleads guilty	13869
to a violation of section 2905.01 of the Revised Code and also is	13870
convicted of or pleads guilty to a sexual motivation specification	13871
that was included in the indictment, count in the indictment, or	13872
information charging that offense, and who is sentenced pursuant	13873
to section 2971.03 of the Revised Code;	13874

(e) A criminal offender who is convicted of or pleads guilty	13875
to aggravated murder and also is convicted of or pleads guilty to	13876
a sexual motivation specification that was included in the	13877
indictment, count in the indictment, or information charging that	13878
offense, and who pursuant to division (A)(2)(b)(ii) of section	13879
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	13880
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	13881
division (A) or (B) of section 2929.06 of the Revised Code is	13882
sentenced pursuant to division (B)(3) of section 2971.03 of the	13883
Revised Code;	13884

(f) A criminal offender who is convicted of or pleads guilty	13885
to murder and also is convicted of or pleads guilty to a sexual	13886
motivation specification that was included in the indictment,	13887
count in the indictment, or information charging that offense, and	13888
who pursuant to division (B)(2) of section 2929.02 of the Revised	13889
Code is sentenced pursuant to section 2971.03 of the Revised Code.	13890
The department may periodically revise the standards.	13891

(2) When the department is requested by the parole board or	13892
the court to provide a risk assessment report of the offender	13893
under section 2971.04 or 2971.05 of the Revised Code, it shall	13894
assess the offender and complete the assessment as soon as	13895
possible after the offender has commenced serving the prison term	13896
or term of life imprisonment without parole imposed under division	13897
(A), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or	13898
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	13899
Code. Thereafter, the department shall update a risk assessment	13900
report pertaining to an offender as follows:	13901

(a) Periodically, in the discretion of the department,	13902
provided that each report shall be updated no later than two years	13903
after its initial preparation or most recent update;	13904

(b) Upon the request of the parole board for use in	13905
determining pursuant to section 2971.04 of the Revised Code	13906
whether it should terminate its control over an offender's service	13907
of a prison term imposed upon the offender under division (A)(3),	13908
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or (B)(3)(a),	13909
(b), (c), or (d) of section 2971.03 of the Revised Code;	13910

(c) Upon the request of the court.

13911

(3) After the department of rehabilitation and correction	13912
assesses an offender pursuant to division (A)(2) of this section,	13913
it shall prepare a report that contains its risk assessment for	13914
the offender or, if a risk assessment report previously has been	13915
prepared, it shall update the risk assessment report.	13916

(4) The department of rehabilitation and correction shall	13917
provide each risk assessment report that it prepares or updates	13918
pursuant to this section regarding an offender to all of the	13919
following:	13920

(a) The parole board for its use in determining pursuant to	13921
section 2971.04 of the Revised Code whether it should terminate	13922
its control over an offender's service of a prison term imposed	13923
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	13924
or (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of	13925
section 2971.03 of the Revised Code, if the parole board has not	13926
terminated its control over the offender;	13927

(b) The court for use in determining, pursuant to section	13928
2971.05 of the Revised Code, whether to modify the requirement	13929
that the offender serve the entire prison term imposed upon the	13930
offender under division (A)(3), (B)(1)(a), (b), or (c), or	13931
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	13932
2971.03 of the Revised Code in a state correctional institution,	13933
whether to revise any modification previously made, or whether to	13934
terminate the prison term;	13935

(c) The prosecuting attorney who prosecuted the case, or the	13936
successor in office to that prosecuting attorney;	13937

(d) The offender.

13938

(B) When the department of rehabilitation and correction	13939
provides a risk assessment report regarding an offender to the	13940
parole board or court pursuant to division (A)(4)(a) or (b) of	13941
this section, the department, prior to the parole board's or	13942
court's hearing, also shall provide to the offender or to the	13943
offender's attorney of record a copy of the report and a copy of	13944
any other relevant documents the department possesses regarding	13945
the offender that the department does not consider to be	13946
confidential.	13947

(C) As used in this section:

13948

(1) "Adjudicated a sexually violent predator" has the same	13949
meaning as in section 2929.01 of the Revised Code, and a person is	13950
"adjudicated a sexually violent predator" in the same manner and	13951
the same circumstances as are described in that section.	13952

(2) "Designated homicide, assault, or kidnapping offense" and	13953
"violent sex offense" have the same meanings as in section 2971.01	13954
of the Revised Code.	13955

Sec. 5120.66.  (A) Within ninety days after November 23,	13956
2005, but not before January 1, 2006, the department of	13957
rehabilitation and correction shall establish and operate on the	13958
internet a database that contains all of the following:	13959

(1) For each inmate in the custody of the department under a	13960
sentence imposed for a conviction of or plea of guilty to any	13961
offense, all of the following information:	13962

(a) The inmate's name;

13963

(b) For each offense for which the inmate was sentenced to a	13964
prison term or term of imprisonment and is in the department's	13965
custody, the name of the offense, the Revised Code section of	13966
which the offense is a violation, the gender of each victim of the	13967
offense if those facts are known, whether each victim of the	13968
offense was an adult or child if those facts are known, the range	13969
of the possible prison terms or term of imprisonment that could	13970
have been imposed for the offense, the actual prison term or term	13971
of imprisonment imposed for the offense, the county in which the	13972
offense was committed, the date on which the inmate began serving	13973
the prison term or term of imprisonment imposed for the offense,	13974
and either the date on which the inmate will be eligible for	13975
parole relative to the offense if the prison term or term of	13976
imprisonment is an indefinite term or life term or the date on	13977
which the term ends if the prison term is a definite term;	13978

(c) All of the following information that is applicable	13979
regarding the inmate:	13980

(i) If known to the department prior to the conduct of any	13981
hearing for judicial release of the defendant pursuant to section	13982
2929.20 of the Revised Code in relation to any prison term or term	13983
of imprisonment the inmate is serving for any offense, notice of	13984
the fact that the inmate will be having a hearing regarding a	13985
possible grant of judicial release, the date of the hearing, and	13986
the right of any person pursuant to division (J) of that section	13987
to submit to the court a written statement regarding the possible	13988
judicial release;	13989

(ii) If the inmate is serving a prison term pursuant to	13990
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	13991
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	13992
Code as a sexually violent predator who committed a sexually	13993
violent offense, a prison term pursuant to division (B)(1)(a),	13994
(b), or (c) of section 2971.03 of the Revised Code imposed for a	13995
violation of division (A)(1)(b) of section 2907.02 of the Revised	13996
Code committed on or after the effective date of this amendment, a	13997
prison term pursuant to division (B)(2)(a) of section 2971.03 of	13998
the Revised Code imposed for attempted rape committed on or after	13999
the effective date of this amendment and a specification of the	14000
type described in section 2941.1418 of the Revised Code, a prison	14001
term pursuant to division (B)(2)(b) of section 2971.03 of the	14002
Revised Code imposed for attempted rape committed on or after the	14003
effective date of this amendment and a specification of the type	14004
described in section 2941.1419 of the Revised Code, or a prison	14005
term pursuant to division (B)(2)(c) of section 2971.03 of the	14006
Revised Code imposed for attempted rape committed on or after the	14007
effective date of this amendment and a specification of the type	14008
described in section 2941.1420 of the Revised Code, prior to the	14009
conduct of any hearing pursuant to section 2971.05 of the Revised	14010
Code to determine whether to modify the requirement that the	14011
inmate serve the entire prison term in a state correctional	14012
facility in accordance with division (C) of that section, whether	14013
to continue, revise, or revoke any existing modification of that	14014
requirement, or whether to terminate the prison term in accordance	14015
with division (D) of that section, notice of the fact that the	14016
inmate will be having a hearing regarding those determinations and	14017
of the date of the hearing;	14018

(iii) At least three weeks before the adult parole authority	14019
recommends a pardon or commutation of sentence for the inmate or	14020
at least three weeks prior to a hearing before the adult parole	14021
authority regarding a grant of parole to the inmate in relation to	14022
any prison term or term of imprisonment the inmate is serving for	14023
any offense, notice of the fact that the inmate might be under	14024
consideration for a pardon or commutation of sentence or will be	14025
having a hearing regarding a possible grant of parole, of the date	14026
of any hearing regarding a possible grant of parole, and of the	14027
right of any person to submit a written statement regarding the	14028
pending action;	14029

(iv) At least three weeks before the inmate has a hearing	14030
regarding a transfer to transitional control under section 2967.26	14031
of the Revised Code in relation to any prison term or term of	14032
imprisonment the inmate is serving for any offense, notice of the	14033
pendency of the transfer, of the date of the possible transfer,	14034
and of the right of any person to submit a statement regarding the	14035
possible transfer;	14036

(v) Prompt notice of the inmate's escape from any facility in	14037
which the inmate was incarcerated and of the capture of the inmate	14038
after an escape;	14039

(vi) Notice of the inmate's death while in confinement;

14040

(vii) Prior to the release of the inmate from confinement,	14041
notice of the fact that the inmate will be released, of the date	14042
of the release, and, if applicable, of the standard terms and	14043
conditions of the release;	14044

(viii) Notice of the inmate's judicial release.

14045

(2) Information as to where a person can send written	14046
statements of the types referred to in divisions (A)(1)(c)(i),	14047
(iii), and (iv) of this section.	14048

(B)(1) The department shall update the database required	14049
under division (A) of this section every twenty-four hours to	14050
ensure that the information it contains is accurate and current.	14051

(2) The database required under division (A) of this section	14052
is a public record open for inspection under section 149.43 of the	14053
Revised Code. The department shall make the database searchable by	14054
inmate name and by the county and zip code where the offender	14055
intends to reside after release from a state correctional	14056
institution if this information is known to the department.	14057

(3) The database required under division (A) of this section	14058
may contain information regarding inmates who are listed in the	14059
database in addition to the information described in that	14060
division.	14061

(4) No information included on the database required under	14062
division (A) of this section shall identify or enable the	14063
identification of any victim of any offense committed by an	14064
inmate.	14065

(C) The failure of the department to comply with the	14066
requirements of division (A) or (B) of this section does not give	14067
any rights or any grounds for appeal or post-conviction relief to	14068
any inmate.	14069

(D) This section, and the related provisions of sections	14070
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	14071
in the act in which this section was enacted, shall be known as	14072
"Laura's Law."	14073

Sec. 5139.13.  (A) The department of youth services shall do	14074
all of the following:	14075

(1) Control and manage all institutions for the	14076
rehabilitation of delinquent children and youthful offenders that	14077
are operated by the state, except where the control and management	14078
of an institution is vested by law in another agency;	14079

(2) Provide treatment and training for children committed to	14080
the department and assigned by the department to various	14081
institutions under its control and management, including, but not	14082
limited to, for a child committed to it for an act that is either	14083
a sexually oriented offense that is not a registration-exempt	14084
sexually oriented offense or a child-victim oriented offense,	14085
treatment that is appropriate for a child who commits an act that	14086
is a sexually oriented offense that is not a registration-exempt	14087
sexually oriented offense or a child-victim oriented offense and	14088
that is intended to ensure that the child does not commit any	14089
subsequent act that is a sexually oriented offense or a	14090
child-victim oriented offense;	14091

(3) Establish and maintain appropriate reception centers for	14092
the reception of children committed to the department and employ	14093
competent persons to have charge of those centers and to conduct	14094
investigations;	14095

(4) Establish and maintain any other facilities necessary for	14096
the training, treatment, and rehabilitation of children committed	14097
to the department.	14098

(B) As used in this section, "sexually oriented offense" and	14099
"child-victim oriented offense" have the same meanings as in	14100
section 2950.01 of the Revised Code.	14101

Sec. 5149.10.  (A) The parole board shall consist of up to	14102
twelve members, one of whom shall be designated as chairperson by	14103
the director of the department of rehabilitation and correction	14104
and who shall continue as chairperson until a successor is	14105
designated, and any other personnel that are necessary for the	14106
orderly performance of the duties of the board. In addition to the	14107
rules authorized by section 5149.02 of the Revised Code, the chief	14108
of the adult parole authority, subject to the approval of the	14109
chief of the division of parole and community services and subject	14110
to this section, shall adopt rules governing the proceedings of	14111
the parole board. The rules shall provide for the convening of	14112
full board hearings, the procedures to be followed in full board	14113
hearings, and general procedures to be followed in other hearings	14114
of the board and by the board's hearing officers. The rules also	14115
shall require agreement by a majority of all the board members to	14116
any recommendation of clemency transmitted to the governor.	14117

When the board members sit as a full board, the chairperson	14118
shall preside. The chairperson shall also allocate the work of the	14119
parole board among the board members. The full board shall meet at	14120
least once each month. In the case of a tie vote on the full	14121
board, the chief of the adult parole authority shall cast the	14122
deciding vote. The chairperson may designate a person to serve in	14123
the chairperson's place.	14124

Except as otherwise provided in division (B) of this section,	14125
no person shall be appointed a member of the board who is not	14126
qualified by education or experience in correctional work,	14127
including law enforcement, prosecution of offenses, advocating for	14128
the rights of victims of crime, probation, or parole, in law, in	14129
social work, or in a combination of the three categories.	14130

(B) The director of rehabilitation and correction, in	14131
consultation with the governor, shall appoint one member of the	14132
board, who shall be a person who has been a victim of crime or who	14133
is a member of a victim's family or who represents an organization	14134
that advocates for the rights of victims of crime. After	14135
appointment, this member shall be an unclassified employee of the	14136
department of rehabilitation and correction.	14137

The initial appointment shall be for a term ending four years	14138
after the effective date of this amendmentJuly 1, 1996.	14139
Thereafter, the term of office of the member appointed under this	14140
division shall be for four years, with each term ending on the	14141
same day of the same month as did the term that it succeeds. The	14142
member shall hold office from the date of appointment until the	14143
end of the term for which the member was appointed and may be	14144
reappointed. Vacancies shall be filled in the manner provided for	14145
original appointments. Any member appointed under this division to	14146
fill a vacancy occurring prior to the expiration date of the term	14147
for which the member's predecessor was appointed shall hold office	14148
as a member for the remainder of that term. The member appointed	14149
under this division shall continue in office subsequent to the	14150
expiration date of the member's term until the member's successor	14151
takes office or until a period of sixty days has elapsed,	14152
whichever occurs first.	14153

The member appointed under this division shall be compensated	14154
in the same manner as other board members and shall be reimbursed	14155
for actual and necessary expenses incurred in the performance of	14156
the members' duties. The member may vote on all cases heard by the	14157
full board under section 5149.101 of the Revised Code, has such	14158
duties as are assigned by the chairperson of the board, and shall	14159
coordinate the member's activities with the office of victims'	14160
services created under section 5120.60 of the Revised Code.	14161

As used in this division, "crime," "member of the victim's	14162
family," and "victim" have the meanings given in section 2930.01	14163
of the Revised Code.	14164

(C) The chairperson shall submit all recommendations for or	14165
against clemency directly to the governor.	14166

(D) The chairperson shall transmit to the chief of the adult	14167
parole authority all determinations for or against parole made by	14168
the board. Parole determinations are final and are not subject to	14169
review or change by the chief.	14170

(E) In addition to its duties pertaining to parole and	14171
clemency, if an offender is sentenced to a prison term pursuant to	14172
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	14173
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	14174
Revised Code, the parole board shall have control over the	14175
offender's service of the prison term during the entire term	14176
unless the board terminates its control in accordance with section	14177
2971.04 of the Revised Code. The parole board may terminate its	14178
control over the offender's service of the prison term only in	14179
accordance with section 2971.04 of the Revised Code.	14180

Sec. 5321.01.  As used in this chapter:

14181

(A) "Tenant" means a person entitled under a rental agreement	14182
to the use and occupancy of residential premises to the exclusion	14183
of others.	14184

(B) "Landlord" means the owner, lessor, or sublessor of	14185
residential premises, the agent of the owner, lessor, or	14186
sublessor, or any person authorized by the owner, lessor, or	14187
sublessor to manage the premises or to receive rent from a tenant	14188
under a rental agreement.	14189

(C) "Residential premises" means a dwelling unit for	14190
residential use and occupancy and the structure of which it is a	14191
part, the facilities and appurtenances in it, and the grounds,	14192
areas, and facilities for the use of tenants generally or the use	14193
of which is promised the tenant. "Residential premises" includes a	14194
dwelling unit that is owned or operated by a college or	14195
university. "Residential premises" does not include any of the	14196
following:	14197

(1) Prisons, jails, workhouses, and other places of	14198
incarceration or correction, including, but not limited to,	14199
halfway houses or residential arrangements that are used or	14200
occupied as a requirement of a community control sanction, a	14201
post-release control sanction, or parole;	14202

(2) Hospitals and similar institutions with the primary	14203
purpose of providing medical services, and homes licensed pursuant	14204
to Chapter 3721. of the Revised Code;	14205

(3) Tourist homes, hotels, motels, recreational vehicle	14206
parks, recreation camps, combined park-camps, temporary	14207
park-camps, and other similar facilities where circumstances	14208
indicate a transient occupancy;	14209

(4) Elementary and secondary boarding schools, where the cost	14210
of room and board is included as part of the cost of tuition;	14211

(5) Orphanages and similar institutions;

14212

(6) Farm residences furnished in connection with the rental	14213
of land of a minimum of two acres for production of agricultural	14214
products by one or more of the occupants;	14215

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	14216
the Revised Code;	14217

(8) Occupancy by an owner of a condominium unit;

14218

(9) Occupancy in a facility licensed as an SRO facility	14219
pursuant to Chapter 3731. of the Revised Code, if the facility is	14220
owned or operated by an organization that is exempt from taxation	14221
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	14222
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	14223
group of entities in which such an organization has a controlling	14224
interest, and if either of the following applies:	14225

(a) The occupancy is for a period of less than sixty days.

14226

(b) The occupancy is for participation in a program operated	14227
by the facility, or by a public entity or private charitable	14228
organization pursuant to a contract with the facility, to provide	14229
either of the following:	14230

(i) Services licensed, certified, registered, or approved by	14231
a governmental agency or private accrediting organization for the	14232
rehabilitation of mentally ill persons, developmentally disabled	14233
persons, adults or juveniles convicted of criminal offenses, or	14234
persons suffering from substance abuse;	14235

(ii) Shelter for juvenile runaways, victims of domestic	14236
violence, or homeless persons.	14237

(10) Emergency shelters operated by organizations exempt from	14238
federal income taxation under section 501(c)(3) of the "Internal	14239
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	14240
amended, for persons whose circumstances indicate a transient	14241
occupancy, including homeless people, victims of domestic	14242
violence, and juvenile runaways.	14243

(D) "Rental agreement" means any agreement or lease, written	14244
or oral, which establishes or modifies the terms, conditions,	14245
rules, or any other provisions concerning the use and occupancy of	14246
residential premises by one of the parties.	14247

(E) "Security deposit" means any deposit of money or property	14248
to secure performance by the tenant under a rental agreement.	14249

(F) "Dwelling unit" means a structure or the part of a	14250
structure that is used as a home, residence, or sleeping place by	14251
one person who maintains a household or by two or more persons who	14252
maintain a common household.	14253

(G) "Controlled substance" has the same meaning as in section	14254
3719.01 of the Revised Code.	14255

(H) "Student tenant" means a person who occupies a dwelling	14256
unit owned or operated by the college or university at which the	14257
person is a student, and who has a rental agreement that is	14258
contingent upon the person's status as a student.	14259

(I) "Recreational vehicle park," "recreation camp," "combined	14260
park-camp," and "temporary park-camp" have the same meanings as in	14261
section 3729.01 of the Revised Code.	14262

(J) "Community control sanction" has the same meaning as in	14263
section 2929.01 of the Revised Code.	14264

(K) "Post-release control sanction" has the same meaning as	14265
in section 2967.01 of the Revised Code.	14266

(L) "School premises" has the same meaning as in section	14267
2925.01 of the Revised Code.	14268

(M) "Sexually oriented offense" and "child-victim oriented	14269
offense" have the same meanings as in section 2950.01 of the	14270
Revised Code.	14271

(N) "Preschool or child day-care center premises" has the the	14272
same meaning as in section 2950.034 of the Revised Code.	14273

Sec. 5321.03.  (A) Notwithstanding section 5321.02 of the	14274
Revised Code, a landlord may bring an action under Chapter 1923.	14275
of the Revised Code for possession of the premises if:	14276

(1) The tenant is in default in the payment of rent;

14277

(2) The violation of the applicable building, housing,	14278
health, or safety code that the tenant complained of was primarily	14279
caused by any act or lack of reasonable care by the tenant, or by	14280
any other person in the tenant's household, or by anyone on the	14281
premises with the consent of the tenant;	14282

(3) Compliance with the applicable building, housing, health,	14283
or safety code would require alteration, remodeling, or demolition	14284
of the premises which would effectively deprive the tenant of the	14285
use of the dwelling unit;	14286

(4) A tenant is holding over the tenant's term.

14287

(5) The residential premises are located within one thousand	14288
feet of any school premises or preschool or child day-care center	14289
premises, and both of the following apply regarding the tenant or	14290
other occupant who resides in or occupies the premises:	14291

(a) The tenant's or other occupant's name appears on the	14292
state registry of sex offenders and child-victim offenders	14293
maintained under section 2950.13 of the Revised Code.	14294

(b) The state registry of sex offenders and child-victim	14295
offenders indicates that the tenant or other occupant was	14296
convicted of or pleaded guilty to either a sexually oriented	14297
offense that is not a registration-exempt sexually oriented	14298
offense or a child-victim oriented offense in a criminal	14299
prosecution and was not sentenced to a serious youthful offender	14300
dispositional sentence for that offense.	14301

(B) The maintenance of an action by the landlord under this	14302
section does not prevent the tenant from recovering damages for	14303
any violation by the landlord of the rental agreement or of	14304
section 5321.04 of the Revised Code.	14305

(C) This section does not apply to a dwelling unit occupied	14306
by a student tenant.	14307

Sec. 5321.051. (A)(1) No tenant of any residential premises	14308
located within one thousand feet of any school premises or	14309
preschool or child day-care center premises shall allow any	14310
person to occupy those residential premises if both of the	14311
following apply regarding the person:	14312

(a) The person's name appears on the state registry of sex	14313
offenders and child-victim offenders maintained under section	14314
2950.13 of the Revised Code.	14315

(b) The state registry of sex offenders and child-victim	14316
offenders indicates that the person was convicted of or pleaded	14317
guilty to either a sexually oriented offense that is not a	14318
registration-exempt sexually oriented offense or a child-victim	14319
oriented offense in a criminal prosecution and was not sentenced	14320
to a serious youthful offender dispositional sentence for that	14321
offense.	14322

(2) If a tenant allows occupancy in violation of this section	14323
or a person establishes a residence or occupies residential	14324
premises in violation of section 2950.0312950.034 of the Revised	14325
Code, the landlord for the residential premises that are the	14326
subject of the rental agreement or other tenancy may terminate the	14327
rental agreement or other tenancy of the tenant and all other	14328
occupants.	14329

(B) If a landlord is authorized to terminate a rental	14330
agreement or other tenancy pursuant to division (A) of this	14331
section but does not so terminate the rental agreement or other	14332
tenancy, the landlord is not liable in a tort or other civil	14333
action in damages for any injury, death, or loss to person or	14334
property that allegedly results from that decision.	14335

Section 2. That existing sections 109.42, 109.57, 311.171,	14336
1923.01, 1923.02, 2151.23, 2151.357, 2152.02, 2152.19, 2152.191,	14337
2152.22, 2152.82, 2152.821, 2152.83, 2152.84, 2152.85, 2152.851,	14338
2743.191, 2901.07, 2903.211, 2905.01, 2905.02, 2905.03, 2905.05,	14339
2907.01, 2907.02, 2907.05, 2921.34, 2929.01, 2929.02, 2929.022,	14340
2929.03, 2929.06, 2929.13, 2929.14, 2929.19, 2929.23, 2930.16,	14341
2941.148, 2950.01, 2950.02, 2950.03, 2950.031, 2950.04, 2950.041,	14342
2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.10, 2950.11,	14343
2950.12, 2950.13, 2950.14, 2953.32, 2967.12, 2967.121, 2971.01,	14344
2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61,	14345
5120.66, 5139.13, 5149.10, 5321.01, 5321.03, and 5321.051 and	14346
sections 2152.811, 2950.021, 2950.09, and 2950.091 of the Revised	14347
Code are hereby repealed.	14348

Section 3. The amendments to sections 109.42, 109.57,	14349
311.171, 2151.23, 2152.02, 2152.19, 2152.191, 2152.22, 2152.82,	14350
2152.821, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07,	14351
2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02,	14352
2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06,	14353
2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01,	14354
2950.02, 2950.03, 2950.04, 2950.041, 2950.05, 2950.06, 2950.07,	14355
2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14,	14356
2967.12, 2967.121, 2971.01, 2971.03, 2971.04, 2971.05, 2971.06,	14357
2971.07, 5120.49, 5120.61, 5120.66, 5139.13, and 5149.10 of the	14358
Revised Code that are made by Sections 1 and 2 of this act, the	14359
enactment of sections 2152.831, 2152.86, 2950.011, 2950.15, and	14360
2950.16 of the Revised Code by Section 1 of the act, and the	14361
repeal of sections 2152.811, 2950.021, 2950.09, and 2950.091 of	14362
the Revised Code by Section 2 of this act shall take effect on	14363
January 1, 2008.	14364

The amendments to sections 1923.01, 1923.02, 2151.357,	14365
2950.031, 2953.32, 5321.01, 5321.03, and 5321.051 of the Revised	14366
Code that are made by Sections 1 and 2 of this act and the	14367
enactment of sections 2950.032, 2950.033, 2950.042, 2950.043, and	14368
2950.131 and new section 2950.031 of the Revised Code by Section 1	14369
of this act shall take effect on July 1, 2007.	14370

Section 4. Sections 1 to 3 of this act shall take effect on	14371
July 1, 2007.	14372

Section 5. This act is hereby declared to be an emergency	14373
measure necessary for the immediate preservation of the public	14374
peace, health, and safety. The reason for such necessity is that	14375
the changes to the state's Sex Offender Registration and	14376
Notification Law made by this act are crucially needed to provide	14377
increased protection and security for the state's residents from	14378
persons who have been convicted of, or found to be delinquent	14379
children for committing, a sexually oriented offense or a	14380
child-victim oriented offense and to conform that Law by July 1,	14381
2007, to recently enacted requirements of federal law. Therefore	14382
this act shall take immediate effect.	14383

Section 6. Section 2907.01 of the Revised Code is presented	14384
in this act as a composite of the section as amended by both Am.	14385
Sub. H.B. 23 and Am. Sub. H.B. 95 of the 126th General Assembly.	14386
Section 2929.01 of the Revised Code is presented in this act as a	14387
composite of the section as amended by both Am. Sub. H.B. 461 and	14388
Am. Sub. S.B. 260 of the 126th General Assembly. Section 2929.13	14389
of the Revised Code is presented in this act as a composite of the	14390
section as amended by Am. Sub. H.B. 461, Am. Sub. S.B. 260, and	14391
Sub. S.B. 281 of the 126th General Assembly. Section 2929.14 of	14392
the Revised Code is presented in this act as a composite of the	14393
section as amended by Am. Sub. H.B. 461, Am. Sub. S.B. 260, and	14394
Sub. S.B. 281 all of the 126th General Assembly. Section 2929.19	14395
of the Revised Code is presented in this act as a composite of the	14396
section as amended by both Am. Sub. H.B. 461 and Am. Sub. S.B. 260	14397
of the 126th General Assembly. The General Assembly, applying the	14398
principle stated in division (B) of section 1.52 of the Revised	14399
Code that amendments are to be harmonized if reasonably capable of	14400
simultaneous operation, finds that the composites are the	14401
resulting versions of the sections in effect prior to the	14402
effective date of the sections as presented in this act.	14403