As Reported by the House Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

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 

---

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, to make an appropriation, and to

35

declare an emergency.

36

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

Section 1. That sections 109.42, 109.57, 311.171, 1923.01,	37
1923.02, 2151.23, 2151.357, 2152.02, 2152.19, 2152.191, 2152.22,	38
2152.82, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07,	39
2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02,	40
2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06,	41
2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01,	42
2950.02, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.06,	43
2950.07, 2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13,	44
2950.14, 2953.32, 2967.12, 2967.121, 2971.01, 2971.03, 2971.04,	45
2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, 5139.13,	46
5149.10, 5321.01, 5321.03, and 5321.051 be amended, that sections	47
2152.821 (2152.811) and 2950.031 (2950.034) be amended for the	48
purpose of adopting new section numbers as indicated in	49
parentheses, and that new section 2950.031 and sections 2152.831,	50
2152.86, 2950.011, 2950.032, 2950.033, 2950.042, 2950.043,	51
2950.131, 2950.15, and 2950.16 of the Revised Code be enacted to	52
read as follows:	53

Sec. 109.42.  (A) The attorney general shall prepare and have	54
printed a pamphlet that contains a compilation of all statutes	55
relative to victim's rights in which the attorney general lists	56
and explains the statutes in the form of a victim's bill of	57
rights. The attorney general shall distribute the pamphlet to all	58
sheriffs, marshals, municipal corporation and township police	59
departments, constables, and other law enforcement agencies, to	60
all prosecuting attorneys, city directors of law, village	61
solicitors, and other similar chief legal officers of municipal	62
corporations, and to organizations that represent or provide	63
services for victims of crime. The victim's bill of rights set	64
forth in the pamphlet shall contain a description of all of the	65
rights of victims that are provided for in Chapter 2930. or in any	66
other section of the Revised Code and shall include, but not be	67
limited to, all of the following:	68

(1) The right of a victim or a victim's representative to	69
attend a proceeding before a grand jury, in a juvenile case, or in	70
a criminal case pursuant to a subpoena without being discharged	71
from the victim's or representative's employment, having the	72
victim's or representative's employment terminated, having the	73
victim's or representative's pay decreased or withheld, or	74
otherwise being punished, penalized, or threatened as a result of	75
time lost from regular employment because of the victim's or	76
representative's attendance at the proceeding pursuant to the	77
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	78
2945.451 of the Revised Code;	79

(2) The potential availability pursuant to section 2151.359	80
or 2152.61 of the Revised Code of a forfeited recognizance to pay	81
damages caused by a child when the delinquency of the child or	82
child's violation of probation or community control is found to be	83
proximately caused by the failure of the child's parent or	84
guardian to subject the child to reasonable parental authority or	85
to faithfully discharge the conditions of probation or community	86
control;	87

(3) The availability of awards of reparations pursuant to	88
sections 2743.51 to 2743.72 of the Revised Code for injuries	89
caused by criminal offenses;	90

(4) The right of the victim in certain criminal or juvenile	91
cases or a victim's representative to receive, pursuant to section	92
2930.06 of the Revised Code, notice of the date, time, and place	93
of the trial or delinquency proceeding in the case or, if there	94
will not be a trial or delinquency proceeding, information from	95
the prosecutor, as defined in section 2930.01 of the Revised Code,	96
regarding the disposition of the case;	97

(5) The right of the victim in certain criminal or juvenile	98
cases or a victim's representative to receive, pursuant to section	99
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	100
name of the person charged with the violation, the case or docket	101
number assigned to the charge, and a telephone number or numbers	102
that can be called to obtain information about the disposition of	103
the case;	104

(6) The right of the victim in certain criminal or juvenile	105
cases or of the victim's representative pursuant to section	106
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	107
terms set by the court as authorized under section 2930.14 of the	108
Revised Code, to make a statement about the victimization and, if	109
applicable, a statement relative to the sentencing or disposition	110
of the offender;	111

(7) The opportunity to obtain a court order, pursuant to	112
section 2945.04 of the Revised Code, to prevent or stop the	113
commission of the offense of intimidation of a crime victim or	114
witness or an offense against the person or property of the	115
complainant, or of the complainant's ward or child;	116

(8) The right of the victim in certain criminal or juvenile	117
cases or a victim's representative pursuant to sections 2151.38,	118
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	119
receive notice of a pending motion for judicial release or early	120
release of the person who committed the offense against the	121
victim, to make an oral or written statement at the court hearing	122
on the motion, and to be notified of the court's decision on the	123
motion;	124

(9) The right of the victim in certain criminal or juvenile	125
cases or a victim's representative pursuant to section 2930.16,	126
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	127
of any pending commutation, pardon, parole, transitional control,	128
discharge, other form of authorized release, post-release control,	129
or supervised release for the person who committed the offense	130
against the victim or any application for release of that person	131
and to send a written statement relative to the victimization and	132
the pending action to the adult parole authority or the release	133
authority of the department of youth services;	134

(10) The right of the victim to bring a civil action pursuant	135
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	136
from the offender's profit fund;	137

(11) The right, pursuant to section 3109.09 of the Revised	138
Code, to maintain a civil action to recover compensatory damages	139
not exceeding ten thousand dollars and costs from the parent of a	140
minor who willfully damages property through the commission of an	141
act that would be a theft offense, as defined in section 2913.01	142
of the Revised Code, if committed by an adult;	143

(12) The right, pursuant to section 3109.10 of the Revised	144
Code, to maintain a civil action to recover compensatory damages	145
not exceeding ten thousand dollars and costs from the parent of a	146
minor who willfully and maliciously assaults a person;	147

(13) The possibility of receiving restitution from an	148
offender or a delinquent child pursuant to section 2152.20,	149
2929.18, or 2929.28 of the Revised Code;	150

(14) The right of the victim in certain criminal or juvenile	151
cases or a victim's representative, pursuant to section 2930.16 of	152
the Revised Code, to receive notice of the escape from confinement	153
or custody of the person who committed the offense, to receive	154
that notice from the custodial agency of the person at the	155
victim's last address or telephone number provided to the	156
custodial agency, and to receive notice that, if either the	157
victim's address or telephone number changes, it is in the	158
victim's interest to provide the new address or telephone number	159
to the custodial agency;	160

(15) The right of a victim of domestic violence to seek the	161
issuance of a civil protection order pursuant to section 3113.31	162
of the Revised Code, the right of a victim of a violation of	163
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	164
of the Revised Code, a violation of a substantially similar	165
municipal ordinance, or an offense of violence who is a family or	166
household member of the offender at the time of the offense to	167
seek the issuance of a temporary protection order pursuant to	168
section 2919.26 of the Revised Code, and the right of both types	169
of victims to be accompanied by a victim advocate during court	170
proceedings;	171

(16) The right of a victim of a sexually oriented offense	172
that is not a registration-exempt sexually oriented offense or of	173
a child-victim oriented offense that is committed by a person who	174
is convicted of or, pleads guilty to an aggravated sexually	175
oriented offense, by a person who is adjudicated a sexual predator	176
or child-victim predator, or, in certain cases, by a person who is	177
determined to be a habitual sex offender or habitual child-victim	178
offender, or is adjudicated a delinquent child for committing the	179
offense and who is in a category specified in division (B) of	180
section 2950.10 of the Revised Code to receive, pursuant to that	181
section 2950.10 of the Revised Code, notice that the person has	182
registered with a sheriff under section 2950.04, 2950.041, or	183
2950.05 of the Revised Code and notice of the person's name, the	184
person's residence that is registered, and the offender's school,	185
institution of higher education, or place of employment address or	186
addresses that are registered, the person's photograph, and a	187
summary of the manner in which the victim must make a request to	188
receive the notice. As used in this division, "sexually oriented	189
offense," "adjudicated a sexual predator," "habitual sex	190
offender," "registration-exempt sexually oriented offense,"	191
"aggravated sexually oriented offense,"and "child-victim oriented	192
offense," "adjudicated a child-victim predator," and "habitual	193
child-victim offender" have the same meanings as in section	194
2950.01 of the Revised Code.	195

(17) The right of a victim of certain sexually violent	196
offenses committed by an offender who also is convicted of or	197
pleads guilty to a sexually violent predator specification and who	198
is sentenced to a prison term pursuant to division (A)(3) of	199
section 2971.03 of the Revised Code, of a victim of a violation of	200
division (A)(1)(b) of section 2907.02 of the Revised Code	201
committed on or after the effective date of this amendmentJanuary	202
2, 2007, by an offender who is sentenced for the violation	203
pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of	204
the Revised Code, and of a victim of an attempted rape committed	205
on or after the effective date of this amendmentJanuary 2, 2007,	206
by an offender who also is convicted of or pleads guilty to a	207
specification of the type described in section 2941.1418,	208
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	209
the violation pursuant to division (B)(2)(a), (b), or (c) of	210
section 2971.03 of the Revised Code, and of a victim of an offense	211
that is described in division (B)(3)(a), (b), (c), or (d) of	212
section 2971.03 of the Revised Code and is committed by an	213
offender who is sentenced pursuant to one of those divisions to	214
receive, pursuant to section 2930.16 of the Revised Code, notice	215
of a hearing to determine whether to modify the requirement that	216
the offender serve the entire prison term in a state correctional	217
facility, whether to continue, revise, or revoke any existing	218
modification of that requirement, or whether to terminate the	219
prison term. As used in this division, "sexually violent offense"	220
and "sexually violent predator specification" have the same	221
meanings as in section 2971.01 of the Revised Code.	222

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	223
prosecuting attorney, assistant prosecuting attorney, city	224
director of law, assistant city director of law, village	225
solicitor, assistant village solicitor, or similar chief legal	226
officer of a municipal corporation or an assistant of any of those	227
officers who prosecutes an offense committed in this state, upon	228
first contact with the victim of the offense, the victim's family,	229
or the victim's dependents, shall give the victim, the victim's	230
family, or the victim's dependents a copy of the pamphlet prepared	231
pursuant to division (A) of this section and explain, upon	232
request, the information in the pamphlet to the victim, the	233
victim's family, or the victim's dependents.	234

(b) Subject to division (B)(1)(c) of this section, a law	235
enforcement agency that investigates an offense or delinquent act	236
committed in this state shall give the victim of the offense or	237
delinquent act, the victim's family, or the victim's dependents a	238
copy of the pamphlet prepared pursuant to division (A) of this	239
section at one of the following times:	240

(i) Upon first contact with the victim, the victim's family,	241
or the victim's dependents;	242

(ii) If the offense or delinquent act is an offense of	243
violence, if the circumstances of the offense or delinquent act	244
and the condition of the victim, the victim's family, or the	245
victim's dependents indicate that the victim, the victim's family,	246
or the victim's dependents will not be able to understand the	247
significance of the pamphlet upon first contact with the agency,	248
and if the agency anticipates that it will have an additional	249
contact with the victim, the victim's family, or the victim's	250
dependents, upon the agency's second contact with the victim, the	251
victim's family, or the victim's dependents.	252

If the agency does not give the victim, the victim's family,	253
or the victim's dependents a copy of the pamphlet upon first	254
contact with them and does not have a second contact with the	255
victim, the victim's family, or the victim's dependents, the	256
agency shall mail a copy of the pamphlet to the victim, the	257
victim's family, or the victim's dependents at their last known	258
address.	259

(c) In complying on and after December 9, 1994, with the	260
duties imposed by division (B)(1)(a) or (b) of this section, an	261
official or a law enforcement agency shall use copies of the	262
pamphlet that are in the official's or agency's possession on	263
December 9, 1994, until the official or agency has distributed all	264
of those copies. After the official or agency has distributed all	265
of those copies, the official or agency shall use only copies of	266
the pamphlet that contain at least the information described in	267
divisions (A)(1) to (17) of this section.	268

(2) The failure of a law enforcement agency or of a	269
prosecuting attorney, assistant prosecuting attorney, city	270
director of law, assistant city director of law, village	271
solicitor, assistant village solicitor, or similar chief legal	272
officer of a municipal corporation or an assistant to any of those	273
officers to give, as required by division (B)(1) of this section,	274
the victim of an offense or delinquent act, the victim's family,	275
or the victim's dependents a copy of the pamphlet prepared	276
pursuant to division (A) of this section does not give the victim,	277
the victim's family, the victim's dependents, or a victim's	278
representative any rights under section 2743.51 to 2743.72,	279
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	280
Revised Code or under any other provision of the Revised Code and	281
does not affect any right under those sections.	282

(3) A law enforcement agency, a prosecuting attorney or	283
assistant prosecuting attorney, or a city director of law,	284
assistant city director of law, village solicitor, assistant	285
village solicitor, or similar chief legal officer of a municipal	286
corporation that distributes a copy of the pamphlet prepared	287
pursuant to division (A) of this section shall not be required to	288
distribute a copy of an information card or other printed material	289
provided by the clerk of the court of claims pursuant to section	290
2743.71 of the Revised Code.	291

(C) The cost of printing and distributing the pamphlet	292
prepared pursuant to division (A) of this section shall be paid	293
out of the reparations fund, created pursuant to section 2743.191	294
of the Revised Code, in accordance with division (D) of that	295
section.	296

(D) As used in this section:

297

(1) "Victim's representative" has the same meaning as in	298
section 2930.01 of the Revised Code;	299

(2) "Victim advocate" has the same meaning as in section	300
2919.26 of the Revised Code.	301

Sec. 109.57.  (A)(1) The superintendent of the bureau of	302
criminal identification and investigation shall procure from	303
wherever procurable and file for record photographs, pictures,	304
descriptions, fingerprints, measurements, and other information	305
that may be pertinent of all persons who have been convicted of	306
committing within this state a felony, any crime constituting a	307
misdemeanor on the first offense and a felony on subsequent	308
offenses, or any misdemeanor described in division (A)(1)(a) or	309
(A)(10)(a) of section 109.572 of the Revised Code, of all children	310
under eighteen years of age who have been adjudicated delinquent	311
children for committing within this state an act that would be a	312
felony or an offense of violence if committed by an adult or who	313
have been convicted of or pleaded guilty to committing within this	314
state a felony or an offense of violence, and of all well-known	315
and habitual criminals. The person in charge of any county,	316
multicounty, municipal, municipal-county, or multicounty-municipal	317
jail or workhouse, community-based correctional facility, halfway	318
house, alternative residential facility, or state correctional	319
institution and the person in charge of any state institution	320
having custody of a person suspected of having committed a felony,	321
any crime constituting a misdemeanor on the first offense and a	322
felony on subsequent offenses, or any misdemeanor described in	323
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised	324
Code or having custody of a child under eighteen years of age with	325
respect to whom there is probable cause to believe that the child	326
may have committed an act that would be a felony or an offense of	327
violence if committed by an adult shall furnish such material to	328
the superintendent of the bureau. Fingerprints, photographs, or	329
other descriptive information of a child who is under eighteen	330
years of age, has not been arrested or otherwise taken into	331
custody for committing an act that would be a felony or an offense	332
of violence if committed by an adult, has not been adjudicated a	333
delinquent child for committing an act that would be a felony or	334
an offense of violence if committed by an adult, has not been	335
convicted of or pleaded guilty to committing a felony or an	336
offense of violence, and is not a child with respect to whom there	337
is probable cause to believe that the child may have committed an	338
act that would be a felony or an offense of violence if committed	339
by an adult shall not be procured by the superintendent or	340
furnished by any person in charge of any county, multicounty,	341
municipal, municipal-county, or multicounty-municipal jail or	342
workhouse, community-based correctional facility, halfway house,	343
alternative residential facility, or state correctional	344
institution, except as authorized in section 2151.313 of the	345
Revised Code.	346

(2) Every clerk of a court of record in this state, other	347
than the supreme court or a court of appeals, shall send to the	348
superintendent of the bureau a weekly report containing a summary	349
of each case involving a felony, involving any crime constituting	350
a misdemeanor on the first offense and a felony on subsequent	351
offenses, involving a misdemeanor described in division (A)(1)(a)	352
or (A)(10)(a) of section 109.572 of the Revised Code, or involving	353
an adjudication in a case in which a child under eighteen years of	354
age was alleged to be a delinquent child for committing an act	355
that would be a felony or an offense of violence if committed by	356
an adult. The clerk of the court of common pleas shall include in	357
the report and summary the clerk sends under this division all	358
information described in divisions (A)(2)(a) to (f) of this	359
section regarding a case before the court of appeals that is	360
served by that clerk. The summary shall be written on the standard	361
forms furnished by the superintendent pursuant to division (B) of	362
this section and shall include the following information:	363

(a) The incident tracking number contained on the standard	364
forms furnished by the superintendent pursuant to division (B) of	365
this section;	366

(b) The style and number of the case;

367

(c) The date of arrest;

368

(d) The date that the person was convicted of or pleaded	369
guilty to the offense, adjudicated a delinquent child for	370
committing the act that would be a felony or an offense of	371
violence if committed by an adult, found not guilty of the	372
offense, or found not to be a delinquent child for committing an	373
act that would be a felony or an offense of violence if committed	374
by an adult, the date of an entry dismissing the charge, an entry	375
declaring a mistrial of the offense in which the person is	376
discharged, an entry finding that the person or child is not	377
competent to stand trial, or an entry of a nolle prosequi, or the	378
date of any other determination that constitutes final resolution	379
of the case;	380

(e) A statement of the original charge with the section of	381
the Revised Code that was alleged to be violated;	382

(f) If the person or child was convicted, pleaded guilty, or	383
was adjudicated a delinquent child, the sentence or terms of	384
probation imposed or any other disposition of the offender or the	385
delinquent child.	386

If the offense involved the disarming of a law enforcement	387
officer or an attempt to disarm a law enforcement officer, the	388
clerk shall clearly state that fact in the summary, and the	389
superintendent shall ensure that a clear statement of that fact is	390
placed in the bureau's records.	391

(3) The superintendent shall cooperate with and assist	392
sheriffs, chiefs of police, and other law enforcement officers in	393
the establishment of a complete system of criminal identification	394
and in obtaining fingerprints and other means of identification of	395
all persons arrested on a charge of a felony, any crime	396
constituting a misdemeanor on the first offense and a felony on	397
subsequent offenses, or a misdemeanor described in division	398
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and	399
of all children under eighteen years of age arrested or otherwise	400
taken into custody for committing an act that would be a felony or	401
an offense of violence if committed by an adult. The	402
superintendent also shall file for record the fingerprint	403
impressions of all persons confined in a county, multicounty,	404
municipal, municipal-county, or multicounty-municipal jail or	405
workhouse, community-based correctional facility, halfway house,	406
alternative residential facility, or state correctional	407
institution for the violation of state laws and of all children	408
under eighteen years of age who are confined in a county,	409
multicounty, municipal, municipal-county, or multicounty-municipal	410
jail or workhouse, community-based correctional facility, halfway	411
house, alternative residential facility, or state correctional	412
institution or in any facility for delinquent children for	413
committing an act that would be a felony or an offense of violence	414
if committed by an adult, and any other information that the	415
superintendent may receive from law enforcement officials of the	416
state and its political subdivisions.	417

(4) The superintendent shall carry out Chapter 2950. of the	418
Revised Code with respect to the registration of persons who are	419
convicted of or plead guilty to either a sexually oriented offense	420
that is not a registration-exempt sexually oriented offense or a	421
child-victim oriented offense and with respect to all other duties	422
imposed on the bureau under that chapter.	423

(5) The bureau shall perform centralized recordkeeping	424
functions for criminal history records and services in this state	425
for purposes of the national crime prevention and privacy compact	426
set forth in section 109.571 of the Revised Code and is the	427
criminal history record repository as defined in that section for	428
purposes of that compact. The superintendent or the	429
superintendent's designee is the compact officer for purposes of	430
that compact and shall carry out the responsibilities of the	431
compact officer specified in that compact.	432

(B) The superintendent shall prepare and furnish to every	433
county, multicounty, municipal, municipal-county, or	434
multicounty-municipal jail or workhouse, community-based	435
correctional facility, halfway house, alternative residential	436
facility, or state correctional institution and to every clerk of	437
a court in this state specified in division (A)(2) of this section	438
standard forms for reporting the information required under	439
division (A) of this section. The standard forms that the	440
superintendent prepares pursuant to this division may be in a	441
tangible format, in an electronic format, or in both tangible	442
formats and electronic formats.	443

(C)(1) The superintendent may operate a center for	444
electronic, automated, or other data processing for the storage	445
and retrieval of information, data, and statistics pertaining to	446
criminals and to children under eighteen years of age who are	447
adjudicated delinquent children for committing an act that would	448
be a felony or an offense of violence if committed by an adult,	449
criminal activity, crime prevention, law enforcement, and criminal	450
justice, and may establish and operate a statewide communications	451
network to gather and disseminate information, data, and	452
statistics for the use of law enforcement agencies and for other	453
uses specified in this division. The superintendent may gather,	454
store, retrieve, and disseminate information, data, and statistics	455
that pertain to children who are under eighteen years of age and	456
that are gathered pursuant to sections 109.57 to 109.61 of the	457
Revised Code together with information, data, and statistics that	458
pertain to adults and that are gathered pursuant to those	459
sections. In	460

(2) The superintendent or the superintendent's designee shall	461
gather information of the nature described in division (C)(1) of	462
this section that pertains to the offense and delinquency history	463
of a person who has been convicted of, pleaded guilty to, or been	464
adjudicated a delinquent child for committing a sexually oriented	465
offense or a child-victim oriented offense for inclusion in the	466
state registry of sex offenders and child-victim offenders	467
maintained pursuant to division (A)(1) of section 2950.13 of the	468
Revised Code and in the internet database operated pursuant to	469
division (A)(13) of that section and for possible inclusion in the	470
internet database operated pursuant to division (A)(11) of that	471
section.	472

(3) In addition to any other authorized use of information,	473
data, and statistics of thatthe nature described in division	474
(C)(1) of this section, the superintendent or the superintendent's	475
designee may provide and exchange the information, data, and	476
statistics pursuant to the national crime prevention and privacy	477
compact as described in division (A)(5) of this section.	478

(D) The information and materials furnished to the	479
superintendent pursuant to division (A) of this section and	480
information and materials furnished to any board or person under	481
division (F) or (G) of this section are not public records under	482
section 149.43 of the Revised Code. The superintendent or the	483
superintendent's designee shall gather and retain information so	484
furnished under division (A) of this section that pertains to the	485
offense and delinquency history of a person who has been convicted	486
of, pleaded guilty to, or been adjudicated a delinquent child for	487
committing a sexually oriented offense or a child-victim oriented	488
offense for the purposes described in division (C)(2) of this	489
section.	490

(E) The attorney general shall adopt rules, in accordance	491
with Chapter 119. of the Revised Code, setting forth the procedure	492
by which a person may receive or release information gathered by	493
the superintendent pursuant to division (A) of this section. A	494
reasonable fee may be charged for this service. If a temporary	495
employment service submits a request for a determination of	496
whether a person the service plans to refer to an employment	497
position has been convicted of or pleaded guilty to an offense	498
listed in division (A)(1), (3), (4), (5), or (6) of section	499
109.572 of the Revised Code, the request shall be treated as a	500
single request and only one fee shall be charged.	501

(F)(1) As used in division (F)(2) of this section, "head	502
start agency" means an entity in this state that has been approved	503
to be an agency for purposes of subchapter II of the "Community	504
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	505
as amended.	506

(2)(a) In addition to or in conjunction with any request that	507
is required to be made under section 109.572, 2151.86, 3301.32,	508
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	509
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	510
education of any school district; the director of mental	511
retardation and developmental disabilities; any county board of	512
mental retardation and developmental disabilities; any entity	513
under contract with a county board of mental retardation and	514
developmental disabilities; the chief administrator of any	515
chartered nonpublic school; the chief administrator of any home	516
health agency; the chief administrator of or person operating any	517
child day-care center, type A family day-care home, or type B	518
family day-care home licensed or certified under Chapter 5104. of	519
the Revised Code; the administrator of any type C family day-care	520
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	521
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	522
general assembly; the chief administrator of any head start	523
agency; or the executive director of a public children services	524
agency may request that the superintendent of the bureau	525
investigate and determine, with respect to any individual who has	526
applied for employment in any position after October 2, 1989, or	527
any individual wishing to apply for employment with a board of	528
education may request, with regard to the individual, whether the	529
bureau has any information gathered under division (A) of this	530
section that pertains to that individual. On receipt of the	531
request, the superintendent shall determine whether that	532
information exists and, upon request of the person, board, or	533
entity requesting information, also shall request from the federal	534
bureau of investigation any criminal records it has pertaining to	535
that individual. The superintendent or the superintendent's	536
designee also may request criminal history records from other	537
states or the federal government pursuant to the national crime	538
prevention and privacy compact set forth in section 109.571 of the	539
Revised Code. Within thirty days of the date that the	540
superintendent receives a request, the superintendent shall send	541
to the board, entity, or person a report of any information that	542
the superintendent determines exists, including information	543
contained in records that have been sealed under section 2953.32	544
of the Revised Code, and, within thirty days of its receipt, shall	545
send the board, entity, or person a report of any information	546
received from the federal bureau of investigation, other than	547
information the dissemination of which is prohibited by federal	548
law.	549

(b) When a board of education is required to receive	550
information under this section as a prerequisite to employment of	551
an individual pursuant to section 3319.39 of the Revised Code, it	552
may accept a certified copy of records that were issued by the	553
bureau of criminal identification and investigation and that are	554
presented by an individual applying for employment with the	555
district in lieu of requesting that information itself. In such a	556
case, the board shall accept the certified copy issued by the	557
bureau in order to make a photocopy of it for that individual's	558
employment application documents and shall return the certified	559
copy to the individual. In a case of that nature, a district only	560
shall accept a certified copy of records of that nature within one	561
year after the date of their issuance by the bureau.	562

(3) The state board of education may request, with respect to	563
any individual who has applied for employment after October 2,	564
1989, in any position with the state board or the department of	565
education, any information that a school district board of	566
education is authorized to request under division (F)(2) of this	567
section, and the superintendent of the bureau shall proceed as if	568
the request has been received from a school district board of	569
education under division (F)(2) of this section.	570

(4) When the superintendent of the bureau receives a request	571
for information under section 3319.291 of the Revised Code, the	572
superintendent shall proceed as if the request has been received	573
from a school district board of education under division (F)(2) of	574
this section.	575

(5) When a recipient of a classroom reading improvement grant	576
paid under section 3301.86 of the Revised Code requests, with	577
respect to any individual who applies to participate in providing	578
any program or service funded in whole or in part by the grant,	579
the information that a school district board of education is	580
authorized to request under division (F)(2)(a) of this section,	581
the superintendent of the bureau shall proceed as if the request	582
has been received from a school district board of education under	583
division (F)(2)(a) of this section.	584

(G) In addition to or in conjunction with any request that is	585
required to be made under section 3701.881, 3712.09, 3721.121, or	586
3722.151 of the Revised Code with respect to an individual who has	587
applied for employment in a position that involves providing	588
direct care to an older adult, the chief administrator of a home	589
health agency, hospice care program, home licensed under Chapter	590
3721. of the Revised Code, adult day-care program operated	591
pursuant to rules adopted under section 3721.04 of the Revised	592
Code, or adult care facility may request that the superintendent	593
of the bureau investigate and determine, with respect to any	594
individual who has applied after January 27, 1997, for employment	595
in a position that does not involve providing direct care to an	596
older adult, whether the bureau has any information gathered under	597
division (A) of this section that pertains to that individual.	598

In addition to or in conjunction with any request that is	599
required to be made under section 173.27 of the Revised Code with	600
respect to an individual who has applied for employment in a	601
position that involves providing ombudsperson services to	602
residents of long-term care facilities or recipients of	603
community-based long-term care services, the state long-term care	604
ombudsperson, ombudsperson's designee, or director of health may	605
request that the superintendent investigate and determine, with	606
respect to any individual who has applied for employment in a	607
position that does not involve providing such ombudsperson	608
services, whether the bureau has any information gathered under	609
division (A) of this section that pertains to that applicant.	610

In addition to or in conjunction with any request that is	611
required to be made under section 173.394 of the Revised Code with	612
respect to an individual who has applied for employment in a	613
position that involves providing direct care to an individual, the	614
chief administrator of a community-based long-term care agency may	615
request that the superintendent investigate and determine, with	616
respect to any individual who has applied for employment in a	617
position that does not involve providing direct care, whether the	618
bureau has any information gathered under division (A) of this	619
section that pertains to that applicant.	620

On receipt of a request under this division, the	621
superintendent shall determine whether that information exists	622
and, on request of the individual requesting information, shall	623
also request from the federal bureau of investigation any criminal	624
records it has pertaining to the applicant. The superintendent or	625
the superintendent's designee also may request criminal history	626
records from other states or the federal government pursuant to	627
the national crime prevention and privacy compact set forth in	628
section 109.571 of the Revised Code. Within thirty days of the	629
date a request is received, the superintendent shall send to the	630
requester a report of any information determined to exist,	631
including information contained in records that have been sealed	632
under section 2953.32 of the Revised Code, and, within thirty days	633
of its receipt, shall send the requester a report of any	634
information received from the federal bureau of investigation,	635
other than information the dissemination of which is prohibited by	636
federal law.	637

(H) Information obtained by a government entity or person	638
under this section is confidential and shall not be released or	639
disseminated.	640

(I) The superintendent may charge a reasonable fee for	641
providing information or criminal records under division (F)(2) or	642
(G) of this section.	643

(J) As used in this section, "sexually oriented offense" and	644
"child-victim oriented offense" have the same meanings as in	645
section 2950.01 of the Revised Code.	646

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

647

(1) "Federal poverty level" means the income level	648
represented by the poverty guidelines as revised annually by the	649
United States department of health and human services in	650
accordance with section 673(2) of the "Omnibus Reconciliation Act	651
of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family	652
size equal to the size of the family of the person whose income is	653
being determined.	654

(2) "Registration year" of an offender means one of the	655
following:	656

(a) The twelve-month period beginning on the anniversary,	657
occurring on or after January 1, 2004, of the date on which an	658
offender's registration period began in accordance with section	659
2950.07 of the Revised Code;	660

(b) The twelve-month period beginning on the date on which an	661
offender's registration period begins, on or after January 1,	662
2004, in accordance with section 2950.07 of the Revised Code.	663

(3) "Sexually oriented offense," "child-victim oriented	664
offense," and "tier III sex offender/child-victim offender" have	665
the same meanings as in section 2950.01 of the Revised Code.	666

(B) The sheriff may charge a fee each time a person does any	667
of the following:	668

(1) Registers under section 2950.04 or 2950.041 of the	669
Revised Code;	670

(2) Registers a new residence address under section 2950.05	671
of the Revised Code;	672

(3) Verifies a current residence address under section	673
2950.06 of the Revised Code.	674

(C) If the sheriff charges one or more fees provided for in	675
division (B) of this section, all of the following apply:	676

(1) The sheriff shall not require the payment of any fee from	677
a delinquent child until the delinquent child reaches eighteen	678
years of age. When a delinquent child reaches eighteen years of	679
age and the sheriff charges a fee to the delinquent child, the	680
provisions of this section applicable to "offenders" shall be	681
construed to apply to the delinquent child.	682

(2) For an offender who has been adjudicated a sexual	683
predator or child-victim predator or who has a duty to register as	684
a result of committing an aggravated sexually oriented offenseis	685
a tier III sex offender/child-victim offender, the fees may not	686
exceed a total of one hundred dollars for each registration year.	687

(3) For an offender who has been determined to be a habitual	688
sexual offender or a habitual child-victim offender, who is not	689
described in division (C)(2) of this section, and for whom the	690
sentencing judge has required community notification, the fees may	691
not exceed a total of fifty dollars for each registration year.	692

(4) For an offender who has been convicted of or pleaded	693
guilty to a sexually oriented offense that is not a	694
registration-exempt sexually oriented offense or a child-victim	695
offense and who is not described in division (C)(2) or (3) of this	696
section, the fees may not exceed a total of twenty-five dollars	697
for each registration year.	698

(5)(4) An offender who is required to pay a fee shall retain	699
the receipts received under section 325.28 of the Revised Code for	700
payments made during the offender's registration year to establish	701
that the payment of any fee will exceed the maximum annual amount	702
permissible under this division.	703

(6)(5) The sheriff shall not refuse to register a person,	704
register a new residence address of a person, or verify the	705
current residence address of a person, who does not pay a fee the	706
sheriff requires under this section.	707

(7)(6) The sheriff shall report unpaid fees in accordance	708
with division (C) of section 325.31 of the Revised Code, and the	709
county may recover those fees in a civil action in the same manner	710
as other money due the county.	711

(D) Each time a person appears before the sheriff to provide	712
any registration or verification specified in division (B) of this	713
section for which the sheriff charges a fee, the sheriff shall	714
determine whether the person is able to pay the fee. In making	715
that determination, the sheriff shall determine whether the	716
person's income is less than one hundred twenty-five per cent of	717
the federal poverty level. A person whose income is equal to or	718
greater than one hundred twenty-five per cent of the federal	719
poverty level shall be considered able to pay the fee.	720

(E) If a sheriff determines a person's income is less than	721
one hundred twenty-five per cent of the federal poverty level, the	722
sheriff shall waive payment of the fee. If the sheriff determines	723
a person's income is equal to or greater than one hundred	724
twenty-five per cent of the federal poverty level, the sheriff may	725
allow the person to pay the fee in accordance with a payment	726
schedule the sheriff establishes based on the person's ability to	727
pay. The sheriff shall document any waiver or alternative fee	728
arrangement in the official registration records of the sheriff's	729
office and shall provide the offender with a written copy of any	730
waiver or alternative fee arrangement.	731

(F) All fees paid to a sheriff under this section shall be	732
paid into the county treasury to the credit of the county general	733
fund and shall be allocated to the sheriff to be used to defray	734
the costs of registering sex offenders and child-victim offenders	735
and providing community notification under Chapter 2950. of the	736
Revised Code.	737

(G) If an offender has registered with a sheriff and	738
subsequently relocates to a different county during a registration	739
year, the annual maximum amounts set forth in division (C) of this	740
section shall apply to the sheriff in the new county, and that	741
sheriff shall consider any payments already made by the offender	742
for purposes of determining when the applicable maximum has been	743
met for the offender's registration year.	744

Sec. 1923.01.  (A) As provided in this chapter, any judge of	745
a county or municipal court or a court of common pleas, within the	746
judge's proper area of jurisdiction, may inquire about persons who	747
make unlawful and forcible entry into lands or tenements and	748
detain them, and about persons who make a lawful and peaceable	749
entry into lands or tenements and hold them unlawfully and by	750
force. If, upon the inquiry, it is found that an unlawful and	751
forcible entry has been made and the lands or tenements are	752
detained, or that, after a lawful entry, lands or tenements are	753
held unlawfully and by force, a judge shall cause the plaintiff in	754
an action under this chapter to have restitution of the lands or	755
tenements.	756

(B) An action shall be brought under this chapter within two	757
years after the cause of action accrues.	758

(C) As used in this chapter:

759

(1) "Tenant" means a person who is entitled under a rental	760
agreement to the use or occupancy of premises, other than premises	761
located in a manufactured home park, to the exclusion of others.	762

(2) "Landlord" means the owner, lessor, or sublessor of	763
premises, or the agent or person the landlord authorizes to manage	764
premises or to receive rent from a tenant under a rental	765
agreement, except, if required by the facts of the action to which	766
the term is applied, "landlord" means a park operator.	767

(3) "Park operator," "manufactured home," "mobile home,"	768
"manufactured home park," and "resident" have the same meanings as	769
in section 3733.01 of the Revised Code.	770

(4) "Residential premises" has the same meaning as in section	771
5321.01 of the Revised Code, except, if required by the facts of	772
the action to which the term is applied, "residential premises"	773
has the same meaning as in section 3733.01 of the Revised Code.	774

(5) "Rental agreement" means any agreement or lease, written	775
or oral, that establishes or modifies the terms, conditions,	776
rules, or other provisions concerning the use or occupancy of	777
premises by one of the parties to the agreement or lease, except	778
that "rental agreement," as used in division (A)(13) of section	779
1923.02 of the Revised Code and where the context requires as used	780
in this chapter, means a rental agreement as defined in division	781
(D) of section 5322.01 of the Revised Code.	782

(6) "Controlled substance" has the same meaning as in section	783
3719.01 of the Revised Code.	784

(7) "School premises" has the same meaning as in section	785
2925.01 of the Revised Code.	786

(8) "Sexually oriented offense" and "child-victim oriented	787
offense" have the same meanings as in section 2950.01 of the	788
Revised Code.	789

(9) "Recreational vehicle" has the same meaning as in section	790
4501.01 of the Revised Code.	791

(10) "Preschool or child day-care center premises" has the	792
same meaning as in section 2950.034 of the Revised Code.	793

Sec. 1923.02.  (A) Proceedings under this chapter may be had	794
as follows:	795

(1) Against tenants or manufactured home park residents	796
holding over their terms;	797

(2) Against tenants or manufactured home park residents in	798
possession under an oral tenancy, who are in default in the	799
payment of rent as provided in division (B) of this section;	800

(3) In sales of real estate, on executions, orders, or other	801
judicial process, when the judgment debtor was in possession at	802
the time of the rendition of the judgment or decree, by virtue of	803
which the sale was made;	804

(4) In sales by executors, administrators, or guardians, and	805
on partition, when any of the parties to the complaint were in	806
possession at the commencement of the action, after the sales, so	807
made on execution or otherwise, have been examined by the proper	808
court and adjudged legal;	809

(5) When the defendant is an occupier of lands or tenements,	810
without color of title, and the complainant has the right of	811
possession to them;	812

(6) In any other case of the unlawful and forcible detention	813
of lands or tenements. For purposes of this division, in addition	814
to any other type of unlawful and forcible detention of lands or	815
tenements, such a detention may be determined to exist when both	816
of the following apply:	817

(a) A tenant fails to vacate residential premises within	818
three days after both of the following occur:	819

(i) The tenant's landlord has actual knowledge of or has	820
reasonable cause to believe that the tenant, any person in the	821
tenant's household, or any person on the premises with the consent	822
of the tenant previously has or presently is engaged in a	823
violation of Chapter 2925. or 3719. of the Revised Code, or of a	824
municipal ordinance that is substantially similar to any section	825
in either of those chapters, which involves a controlled substance	826
and which occurred in, is occurring in, or otherwise was or is	827
connected with the premises, whether or not the tenant or other	828
person has been charged with, has pleaded guilty to or been	829
convicted of, or has been determined to be a delinquent child for	830
an act that, if committed by an adult, would be a violation as	831
described in this division. For purposes of this division, a	832
landlord has "actual knowledge of or has reasonable cause to	833
believe" that a tenant, any person in the tenant's household, or	834
any person on the premises with the consent of the tenant	835
previously has or presently is engaged in a violation as described	836
in this division if a search warrant was issued pursuant to	837
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	838
affidavit presented to obtain the warrant named or described the	839
tenant or person as the individual to be searched and particularly	840
described the tenant's premises as the place to be searched, named	841
or described one or more controlled substances to be searched for	842
and seized, stated substantially the offense under Chapter 2925.	843
or 3719. of the Revised Code or the substantially similar	844
municipal ordinance that occurred in, is occurring in, or	845
otherwise was or is connected with the tenant's premises, and	846
states the factual basis for the affiant's belief that the	847
controlled substances are located on the tenant's premises; the	848
warrant was properly executed by a law enforcement officer and any	849
controlled substance described in the affidavit was found by that	850
officer during the search and seizure; and, subsequent to the	851
search and seizure, the landlord was informed by that or another	852
law enforcement officer of the fact that the tenant or person has	853
or presently is engaged in a violation as described in this	854
division and it occurred in, is occurring in, or otherwise was or	855
is connected with the tenant's premises.	856

(ii) The landlord gives the tenant the notice required by	857
division (C) of section 5321.17 of the Revised Code.	858

(b) The court determines, by a preponderance of the evidence,	859
that the tenant, any person in the tenant's household, or any	860
person on the premises with the consent of the tenant previously	861
has or presently is engaged in a violation as described in	862
division (A)(6)(a)(i) of this section.	863

(7) In cases arising out of Chapter 5313. of the Revised	864
Code. In those cases, the court has the authority to declare a	865
forfeiture of the vendee's rights under a land installment	866
contract and to grant any other claims arising out of the	867
contract.	868

(8) Against tenants who have breached an obligation that is	869
imposed by section 5321.05 of the Revised Code, other than the	870
obligation specified in division (A)(9) of that section, and that	871
materially affects health and safety. Prior to the commencement of	872
an action under this division, notice shall be given to the tenant	873
and compliance secured with section 5321.11 of the Revised Code.	874

(9) Against tenants who have breached an obligation imposed	875
upon them by a written rental agreement;	876

(10) Against manufactured home park residents who have	877
defaulted in the payment of rent or breached the terms of a rental	878
agreement with a manufactured home park operator. Nothing in this	879
division precludes the commencement of an action under division	880
(A)(12) of this section when the additional circumstances	881
described in that division apply.	882

(11) Against manufactured home park residents who have	883
committed two material violations of the rules of the manufactured	884
home park, of the public health council, or of applicable state	885
and local health and safety codes and who have been notified of	886
the violations in compliance with section 3733.13 of the Revised	887
Code;	888

(12) Against a manufactured home park resident, or the estate	889
of a manufactured home park resident, who has been absent from the	890
manufactured home park for a period of thirty consecutive days	891
prior to the commencement of an action under this division and	892
whose manufactured home or mobile home, or recreational vehicle	893
that is parked in the manufactured home park, has been left	894
unoccupied for that thirty-day period, without notice to the park	895
operator and without payment of rent due under the rental	896
agreement with the park operator;	897

(13) Against occupants of self-service storage facilities, as	898
defined in division (A) of section 5322.01 of the Revised Code,	899
who have breached the terms of a rental agreement or violated	900
section 5322.04 of the Revised Code;	901

(14) Against any resident or occupant who, pursuant to a	902
rental agreement, resides in or occupies residential premises	903
located within one thousand feet of any school premises or	904
preschool or child day-care center premises and to whom both of	905
the following apply:	906

(a) The resident's or occupant's name appears on the state	907
registry of sex offenders and child-victim offenders maintained	908
under section 2950.13 of the Revised Code.	909

(b) The state registry of sex offenders and child-victim	910
offenders indicates that the resident or occupant was convicted of	911
or pleaded guilty to either a sexually oriented offense that is	912
not a registration-exempt sexually oriented offense or a	913
child-victim oriented offense in a criminal prosecution and was	914
not sentenced to a serious youthful offender dispositional	915
sentence for that offense.	916

(15) Against any tenant who permits any person to occupy	917
residential premises located within one thousand feet of any	918
school premises or preschool or child day-care center premises if	919
both of the following apply to the person:	920

(a) The person's name appears on the state registry of sex	921
offenders and child-victim offenders maintained under section	922
2950.13 of the Revised Code.	923

(b) The state registry of sex offenders and child-victim	924
offenders indicates that the person was convicted of or pleaded	925
guilty to either a sexually oriented offense that is not a	926
registration-exempt sexually oriented offense or a child-victim	927
oriented offense in a criminal prosecution and was not sentenced	928
to a serious youthful offender dispositional sentence for that	929
offense.	930

(B) If a tenant or manufactured home park resident holding	931
under an oral tenancy is in default in the payment of rent, the	932
tenant or resident forfeits the right of occupancy, and the	933
landlord may, at the landlord's option, terminate the tenancy by	934
notifying the tenant or resident, as provided in section 1923.04	935
of the Revised Code, to leave the premises, for the restitution of	936
which an action may then be brought under this chapter.	937

(C)(1) If a tenant or any other person with the tenant's	938
permission resides in or occupies residential premises that are	939
located within one thousand feet of any school premises and is a	940
resident or occupant of the type described in division (A)(14) of	941
this section or a person of the type described in division (A)(15)	942
of this section, the landlord for those residential premises, upon	943
discovery that the tenant or other person is a resident, occupant,	944
or person of that nature, may terminate the rental agreement or	945
tenancy for those residential premises by notifying the tenant and	946
all other occupants, as provided in section 1923.04 of the Revised	947
Code, to leave the premises.	948

(2) If a landlord is authorized to terminate a rental	949
agreement or tenancy pursuant to division (C)(1) of this section	950
but does not so terminate the rental agreement or tenancy, the	951
landlord is not liable in a tort or other civil action in damages	952
for any injury, death, or loss to person or property that	953
allegedly result from that decision.	954

(D) This chapter does not apply to a student tenant as	955
defined by division (H) of section 5321.01 of the Revised Code	956
when the college or university proceeds to terminate a rental	957
agreement pursuant to section 5321.031 of the Revised Code.	958

Sec. 2151.23.  (A) The juvenile court has exclusive original	959
jurisdiction under the Revised Code as follows:	960

(1) Concerning any child who on or about the date specified	961
in the complaint, indictment, or information is alleged to have	962
violated section 2151.87 of the Revised Code or an order issued	963
under that section or to be a juvenile traffic offender or a	964
delinquent, unruly, abused, neglected, or dependent child and,	965
based on and in relation to the allegation pertaining to the	966
child, concerning the parent, guardian, or other person having	967
care of a child who is alleged to be an unruly or delinquent child	968
for being an habitual or chronic truant;	969

(2) Subject to divisions (G) and (V) of section 2301.03 of	970
the Revised Code, to determine the custody of any child not a ward	971
of another court of this state;	972

(3) To hear and determine any application for a writ of	973
habeas corpus involving the custody of a child;	974

(4) To exercise the powers and jurisdiction given the probate	975
division of the court of common pleas in Chapter 5122. of the	976
Revised Code, if the court has probable cause to believe that a	977
child otherwise within the jurisdiction of the court is a mentally	978
ill person subject to hospitalization by court order, as defined	979
in section 5122.01 of the Revised Code;	980

(5) To hear and determine all criminal cases charging adults	981
with the violation of any section of this chapter;	982

(6) To hear and determine all criminal cases in which an	983
adult is charged with a violation of division (C) of section	984
2919.21, division (B)(1) of section 2919.22, section 2919.222,	985
division (B) of section 2919.23, or section 2919.24 of the Revised	986
Code, provided the charge is not included in an indictment that	987
also charges the alleged adult offender with the commission of a	988
felony arising out of the same actions that are the basis of the	989
alleged violation of division (C) of section 2919.21, division	990
(B)(1) of section 2919.22, section 2919.222, division (B) of	991
section 2919.23, or section 2919.24 of the Revised Code;	992

(7) Under the interstate compact on juveniles in section	993
2151.56 of the Revised Code;	994

(8) Concerning any child who is to be taken into custody	995
pursuant to section 2151.31 of the Revised Code, upon being	996
notified of the intent to take the child into custody and the	997
reasons for taking the child into custody;	998

(9) To hear and determine requests for the extension of	999
temporary custody agreements, and requests for court approval of	1000
permanent custody agreements, that are filed pursuant to section	1001
5103.15 of the Revised Code;	1002

(10) To hear and determine applications for consent to marry	1003
pursuant to section 3101.04 of the Revised Code;	1004

(11) Subject to divisions (G) and (V) of section 2301.03 of	1005
the Revised Code, to hear and determine a request for an order for	1006
the support of any child if the request is not ancillary to an	1007
action for divorce, dissolution of marriage, annulment, or legal	1008
separation, a criminal or civil action involving an allegation of	1009
domestic violence, or an action for support brought under Chapter	1010
3115. of the Revised Code;	1011

(12) Concerning an action commenced under section 121.38 of	1012
the Revised Code;	1013

(13) To hear and determine violations of section 3321.38 of	1014
the Revised Code;	1015

(14) To exercise jurisdiction and authority over the parent,	1016
guardian, or other person having care of a child alleged to be a	1017
delinquent child, unruly child, or juvenile traffic offender,	1018
based on and in relation to the allegation pertaining to the	1019
child;	1020

(15) To conduct the hearings, and to make the determinations,	1021
adjudications, and orders authorized or required under sections	1022
2152.82 to 2152.852152.86 and Chapter 2950. of the Revised Code	1023
regarding a child who has been adjudicated a delinquent child and	1024
to refer the duties conferred upon the juvenile court judge under	1025
sections 2152.82 to 2152.852152.86 and Chapter 2950. of the	1026
Revised Code to magistrates appointed by the juvenile court judge	1027
in accordance with Juvenile Rule 40.	1028

(B) Except as provided in divisions (G) and (I) of section	1029
2301.03 of the Revised Code, the juvenile court has original	1030
jurisdiction under the Revised Code:	1031

(1) To hear and determine all cases of misdemeanors charging	1032
adults with any act or omission with respect to any child, which	1033
act or omission is a violation of any state law or any municipal	1034
ordinance;	1035

(2) To determine the paternity of any child alleged to have	1036
been born out of wedlock pursuant to sections 3111.01 to 3111.18	1037
of the Revised Code;	1038

(3) Under the uniform interstate family support act in	1039
Chapter 3115. of the Revised Code;	1040

(4) To hear and determine an application for an order for the	1041
support of any child, if the child is not a ward of another court	1042
of this state;	1043

(5) To hear and determine an action commenced under section	1044
3111.28 of the Revised Code;	1045

(6) To hear and determine a motion filed under section	1046
3119.961 of the Revised Code;	1047

(7) To receive filings under section 3109.74 of the Revised	1048
Code, and to hear and determine actions arising under sections	1049
3109.51 to 3109.80 of the Revised Code.	1050

(8) To enforce an order for the return of a child made under	1051
the Hague Convention on the Civil Aspects of International Child	1052
Abduction pursuant to section 3127.32 of the Revised Code;	1053

(9) To grant any relief normally available under the laws of	1054
this state to enforce a child custody determination made by a	1055
court of another state and registered in accordance with section	1056
3127.35 of the Revised Code.	1057

(C) The juvenile court, except as to juvenile courts that are	1058
a separate division of the court of common pleas or a separate and	1059
independent juvenile court, has jurisdiction to hear, determine,	1060
and make a record of any action for divorce or legal separation	1061
that involves the custody or care of children and that is filed in	1062
the court of common pleas and certified by the court of common	1063
pleas with all the papers filed in the action to the juvenile	1064
court for trial, provided that no certification of that nature	1065
shall be made to any juvenile court unless the consent of the	1066
juvenile judge first is obtained. After a certification of that	1067
nature is made and consent is obtained, the juvenile court shall	1068
proceed as if the action originally had been begun in that court,	1069
except as to awards for spousal support or support due and unpaid	1070
at the time of certification, over which the juvenile court has no	1071
jurisdiction.	1072

(D) The juvenile court, except as provided in divisions (G)	1073
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1074
to hear and determine all matters as to custody and support of	1075
children duly certified by the court of common pleas to the	1076
juvenile court after a divorce decree has been granted, including	1077
jurisdiction to modify the judgment and decree of the court of	1078
common pleas as the same relate to the custody and support of	1079
children.	1080

(E) The juvenile court, except as provided in divisions (G)	1081
and (I) of section 2301.03 of the Revised Code, has jurisdiction	1082
to hear and determine the case of any child certified to the court	1083
by any court of competent jurisdiction if the child comes within	1084
the jurisdiction of the juvenile court as defined by this section.	1085

(F)(1) The juvenile court shall exercise its jurisdiction in	1086
child custody matters in accordance with sections 3109.04, 3127.01	1087
to 3127.53, and 5103.20 to 5103.22 of the Revised Code.	1088

(2) The juvenile court shall exercise its jurisdiction in	1089
child support matters in accordance with section 3109.05 of the	1090
Revised Code.	1091

(G) Any juvenile court that makes or modifies an order for	1092
child support shall comply with Chapters 3119., 3121., 3123., and	1093
3125. of the Revised Code. If any person required to pay child	1094
support under an order made by a juvenile court on or after April	1095
15, 1985, or modified on or after December 1, 1986, is found in	1096
contempt of court for failure to make support payments under the	1097
order, the court that makes the finding, in addition to any other	1098
penalty or remedy imposed, shall assess all court costs arising	1099
out of the contempt proceeding against the person and require the	1100
person to pay any reasonable attorney's fees of any adverse party,	1101
as determined by the court, that arose in relation to the act of	1102
contempt.	1103

(H) If a child who is charged with an act that would be an	1104
offense if committed by an adult was fourteen years of age or	1105
older and under eighteen years of age at the time of the alleged	1106
act and if the case is transferred for criminal prosecution	1107
pursuant to section 2152.12 of the Revised Code, the juvenile	1108
court does not have jurisdiction to hear or determine the case	1109
subsequent to the transfer. The court to which the case is	1110
transferred for criminal prosecution pursuant to that section has	1111
jurisdiction subsequent to the transfer to hear and determine the	1112
case in the same manner as if the case originally had been	1113
commenced in that court, including, but not limited to,	1114
jurisdiction to accept a plea of guilty or another plea authorized	1115
by Criminal Rule 11 or another section of the Revised Code and	1116
jurisdiction to accept a verdict and to enter a judgment of	1117
conviction pursuant to the Rules of Criminal Procedure against the	1118
child for the commission of the offense that was the basis of the	1119
transfer of the case for criminal prosecution, whether the	1120
conviction is for the same degree or a lesser degree of the	1121
offense charged, for the commission of a lesser-included offense,	1122
or for the commission of another offense that is different from	1123
the offense charged.	1124

(I) If a person under eighteen years of age allegedly commits	1125
an act that would be a felony if committed by an adult and if the	1126
person is not taken into custody or apprehended for that act until	1127
after the person attains twenty-one years of age, the juvenile	1128
court does not have jurisdiction to hear or determine any portion	1129
of the case charging the person with committing that act. In those	1130
circumstances, divisions (A) and (B) of section 2152.12 of the	1131
Revised Code do not apply regarding the act, and the case charging	1132
the person with committing the act shall be a criminal prosecution	1133
commenced and heard in the appropriate court having jurisdiction	1134
of the offense as if the person had been eighteen years of age or	1135
older when the person committed the act. All proceedings	1136
pertaining to the act shall be within the jurisdiction of the	1137
court having jurisdiction of the offense, and that court has all	1138
the authority and duties in the case that it has in other criminal	1139
cases in that court.	1140

Sec. 2151.357.  (A) If the court orders the records of a	1141
person sealed pursuant to section 2151.356 of the Revised Code,	1142
the person who is subject of the order properly may, and the court	1143
shall, reply that no record exists with respect to the person upon	1144
any inquiry in the matter, and the court, except as provided in	1145
division (D) of this section, shall do all of the following:	1146

(1) Order that the proceedings in a case described in	1147
divisions (B) and (C) of section 2151.356 of the Revised Code be	1148
deemed never to have occurred;	1149

(2) Except as provided in division (C) of this section,	1150
delete all index references to the case and the person so that the	1151
references are permanently irretrievable;	1152

(3) Order that all original records of the case maintained by	1153
any public office or agency, except fingerprints held by a law	1154
enforcement agency, DNA specimens collected pursuant to section	1155
2152.74 of the Revised Code, and DNA records derived from DNA	1156
specimens pursuant to section 109.573 of the Revised Code, be	1157
delivered to the court;	1158

(4) Order each public office or agency, upon the delivering	1159
of records to the court under division (A)(3) of this section, to	1160
expunge remaining records of the case that are the subject of the	1161
sealing order that are maintained by that public office or agency,	1162
except fingerprints, DNA specimens, and DNA records described	1163
under division (A)(3) of this section;	1164

(5) Send notice of the order to seal to any public office or	1165
agency that the court has reason to believe may have a record of	1166
the sealed record;	1167

(6) Seal all of the records delivered to the court under	1168
division (A)(3) of this section, in a separate file in which only	1169
sealed records are maintained.	1170

(B) Except as provided in division (D) of this section, an	1171
order to seal under section 2151.356 of the Revised Code applies	1172
to every public office or agency that has a record relating to the	1173
case, regardless of whether it receives notice of the hearing on	1174
the sealing of the record or a copy of the order. Except as	1175
provided in division (D) of this section, upon the written request	1176
of a person whose record has been sealed and the presentation of a	1177
copy of the order and compliance with division (A)(3) of this	1178
section, a public office or agency shall expunge its record	1179
relating to the case, except a record of the adjudication or	1180
arrest or taking into custody that is maintained for compiling	1181
statistical data and that does not contain any reference to the	1182
person who is the subject of the order.	1183

(C) The court that maintains sealed records pursuant to this	1184
section may maintain a manual or computerized index of the sealed	1185
records and shall make the index available only for the purposes	1186
set forth in division (E) of this section.	1187

(1) Each entry regarding a sealed record in the index of	1188
sealed records shall contain all of the following:	1189

(a) The name of the person who is the subject of the sealed	1190
record;	1191

(b) An alphanumeric identifier relating to the person who is	1192
the subject of the sealed record;	1193

(c) The word "sealed";

1194

(d) The name of the court that has custody of the sealed	1195
record.	1196

(2) Any entry regarding a sealed record in the index of	1197
sealed records shall not contain either of the following:	1198

(a) The social security number of the person who is subject	1199
of the sealed record;	1200

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

1201

(D) Notwithstanding any provision of this section that	1202
requires otherwise, a board of education of a city, local,	1203
exempted village, or joint vocational school district that	1204
maintains records of an individual who has been permanently	1205
excluded under sections 3301.121 and 3313.662 of the Revised Code	1206
is permitted to maintain records regarding an adjudication that	1207
the individual is a delinquent child that was used as the basis	1208
for the individual's permanent exclusion, regardless of a court	1209
order to seal the record. An order issued under section 2151.356	1210
of the Revised Code to seal the record of an adjudication that an	1211
individual is a delinquent child does not revoke the adjudication	1212
order of the superintendent of public instruction to permanently	1213
exclude the individual who is the subject of the sealing order. An	1214
order to seal the record of an adjudication that an individual is	1215
a delinquent child may be presented to a district superintendent	1216
as evidence to support the contention that the superintendent	1217
should recommend that the permanent exclusion of the individual	1218
who is the subject of the sealing order be revoked. Except as	1219
otherwise authorized by this division and sections 3301.121 and	1220
3313.662 of the Revised Code, any school employee in possession of	1221
or having access to the sealed adjudication records of an	1222
individual that were the basis of a permanent exclusion of the	1223
individual is subject to division (F) of this section.	1224

(E) Inspection of records that have been ordered sealed under	1225
section 2151.356 of the Revised Code may be made only by the	1226
following persons or for the following purposes:	1227

(1) By the court;

1228

(2) If the records in question pertain to an act that would	1229
be an offense of violence that would be a felony if committed by	1230
an adult, by any law enforcement officer or any prosecutor, or the	1231
assistants of a law enforcement officer or prosecutor, for any	1232
valid law enforcement or prosecutorial purpose;	1233

(3) Upon application by the person who is the subject of the	1234
sealed records, by the person that is named in that application;	1235

(4) If the records in question pertain to an alleged	1236
violation of division (E)(1) of section 4301.69 of the Revised	1237
Code, by any law enforcement officer or any prosecutor, or the	1238
assistants of a law enforcement officer or prosecutor, for the	1239
purpose of determining whether the person is eligible for	1240
diversion under division (E)(2) of section 4301.69 of the Revised	1241
Code;	1242

(5) At the request of a party in a civil action that is based	1243
on a case the records for which are the subject of a sealing order	1244
issued under section 2151.356 of the Revised Code, as needed for	1245
the civil action. The party also may copy the records as needed	1246
for the civil action. The sealed records shall be used solely in	1247
the civil action and are otherwise confidential and subject to the	1248
provisions of this section;	1249

(6) By the attorney general or an authorized employee of the	1250
attorney general or the court for purposes of determining whether	1251
a child is a public registry-qualified juvenile offender	1252
registrant, as defined in section 2950.01 of the Revised Code, for	1253
purposes of Chapter 2950. of the Revised Code.	1254

(F) No officer or employee of the state or any of its	1255
political subdivisions shall knowingly release, disseminate, or	1256
make available for any purpose involving employment, bonding,	1257
licensing, or education to any person or to any department,	1258
agency, or other instrumentality of the state or of any of its	1259
political subdivisions any information or other data concerning	1260
any arrest, taking into custody, complaint, indictment,	1261
information, trial, hearing, adjudication, or correctional	1262
supervision, the records of which have been sealed pursuant to	1263
section 2151.356 of the Revised Code and the release,	1264
dissemination, or making available of which is not expressly	1265
permitted by this section. Whoever violates this division is	1266
guilty of divulging confidential information, a misdemeanor of the	1267
fourth degree.	1268

(G) In any application for employment, license, or other	1269
right or privilege, any appearance as a witness, or any other	1270
inquiry, a person may not be questioned with respect to any arrest	1271
or taking into custody for which the records were sealed. If an	1272
inquiry is made in violation of this division, the person may	1273
respond as if the sealed arrest or taking into custody did not	1274
occur, and the person shall not be subject to any adverse action	1275
because of the arrest or taking into custody or the response.	1276

(H) The judgment rendered by the court under this chapter	1277
shall not impose any of the civil disabilities ordinarily imposed	1278
by conviction of a crime in that the child is not a criminal by	1279
reason of the adjudication, and no child shall be charged with or	1280
convicted of a crime in any court except as provided by this	1281
chapter. The disposition of a child under the judgment rendered or	1282
any evidence given in court shall not operate to disqualify a	1283
child in any future civil service examination, appointment, or	1284
application. Evidence of a judgment rendered and the disposition	1285
of a child under the judgment is not admissible to impeach the	1286
credibility of the child in any action or proceeding. Otherwise,	1287
the disposition of a child under the judgment rendered or any	1288
evidence given in court is admissible as evidence for or against	1289
the child in any action or proceeding in any court in accordance	1290
with the Rules of Evidence and also may be considered by any court	1291
as to the matter of sentence or to the granting of probation, and	1292
a court may consider the judgment rendered and the disposition of	1293
a child under that judgment for purposes of determining whether	1294
the child, for a future criminal conviction or guilty plea, is a	1295
repeat violent offender, as defined in section 2929.01 of the	1296
Revised Code.	1297

Sec. 2152.02.  As used in this chapter:

1298

(A) "Act charged" means the act that is identified in a	1299
complaint, indictment, or information alleging that a child is a	1300
delinquent child.	1301

(B) "Admitted to a department of youth services facility"	1302
includes admission to a facility operated, or contracted for, by	1303
the department and admission to a comparable facility outside this	1304
state by another state or the United States.	1305

(C)(1) "Child" means a person who is under eighteen years of	1306
age, except as otherwise provided in divisions (C)(2) to (6) of	1307
this section.	1308

(2) Subject to division (C)(3) of this section, any person	1309
who violates a federal or state law or a municipal ordinance prior	1310
to attaining eighteen years of age shall be deemed a "child"	1311
irrespective of that person's age at the time the complaint with	1312
respect to that violation is filed or the hearing on the complaint	1313
is held.	1314

(3) Any person who, while under eighteen years of age,	1315
commits an act that would be a felony if committed by an adult and	1316
who is not taken into custody or apprehended for that act until	1317
after the person attains twenty-one years of age is not a child in	1318
relation to that act.	1319

(4) Any person whose case is transferred for criminal	1320
prosecution pursuant to section 2152.12 of the Revised Code shall	1321
be deemed after the transfer not to be a child in the transferred	1322
case.	1323

(5) Any person whose case is transferred for criminal	1324
prosecution pursuant to section 2152.12 of the Revised Code and	1325
who subsequently is convicted of or pleads guilty to a felony in	1326
that case, and any person who is adjudicated a delinquent child	1327
for the commission of an act, who has a serious youthful offender	1328
dispositional sentence imposed for the act pursuant to section	1329
2152.13 of the Revised Code, and whose adult portion of the	1330
dispositional sentence is invoked pursuant to section 2152.14 of	1331
the Revised Code, shall be deemed after the transfer or invocation	1332
not to be a child in any case in which a complaint is filed	1333
against the person.	1334

(6) The juvenile court has jurisdiction over a person who is	1335
adjudicated a delinquent child or juvenile traffic offender prior	1336
to attaining eighteen years of age until the person attains	1337
twenty-one years of age, and, for purposes of that jurisdiction	1338
related to that adjudication, except as otherwise provided in this	1339
division, a person who is so adjudicated a delinquent child or	1340
juvenile traffic offender shall be deemed a "child" until the	1341
person attains twenty-one years of age. If a person is so	1342
adjudicated a delinquent child or juvenile traffic offender and	1343
the court makes a disposition of the person under this chapter, at	1344
any time after the person attains eighteen years of age, the	1345
places at which the person may be held under that disposition are	1346
not limited to places authorized under this chapter solely for	1347
confinement of children, and the person may be confined under that	1348
disposition, in accordance with division (F)(2) of section 2152.26	1349
of the Revised Code, in places other than those authorized under	1350
this chapter solely for confinement of children.	1351

(D) "Chronic truant" means any child of compulsory school age	1352
who is absent without legitimate excuse for absence from the	1353
public school the child is supposed to attend for seven or more	1354
consecutive school days, ten or more school days in one school	1355
month, or fifteen or more school days in a school year.	1356

(E) "Community corrections facility," "public safety beds,"	1357
"release authority," and "supervised release" have the same	1358
meanings as in section 5139.01 of the Revised Code.	1359

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

1360

(1) Any child, except a juvenile traffic offender, who	1361
violates any law of this state or the United States, or any	1362
ordinance of a political subdivision of the state, that would be	1363
an offense if committed by an adult;	1364

(2) Any child who violates any lawful order of the court made	1365
under this chapter or under Chapter 2151. of the Revised Code	1366
other than an order issued under section 2151.87 of the Revised	1367
Code;	1368

(3) Any child who violates division (C) of section 2907.39	1369
or, division (A) of section 2923.211, or division (C)(1) or (D) of	1370
section 2925.55 of the Revised Code;	1371

(4) Any child who is a habitual truant and who previously has	1372
been adjudicated an unruly child for being a habitual truant;	1373

(5) Any child who is a chronic truant.

1374

(G) "Discretionary serious youthful offender" means a person	1375
who is eligible for a discretionary SYO and who is not transferred	1376
to adult court under a mandatory or discretionary transfer.	1377

(H) "Discretionary SYO" means a case in which the juvenile	1378
court, in the juvenile court's discretion, may impose a serious	1379
youthful offender disposition under section 2152.13 of the Revised	1380
Code.	1381

(I) "Discretionary transfer" means that the juvenile court	1382
has discretion to transfer a case for criminal prosecution under	1383
division (B) of section 2152.12 of the Revised Code.	1384

(J) "Drug abuse offense," "felony drug abuse offense," and	1385
"minor drug possession offense" have the same meanings as in	1386
section 2925.01 of the Revised Code.	1387

(K) "Electronic monitoring" and "electronic monitoring	1388
device" have the same meanings as in section 2929.01 of the	1389
Revised Code.	1390

(L) "Economic loss" means any economic detriment suffered by	1391
a victim of a delinquent act or juvenile traffic offense as a	1392
direct and proximate result of the delinquent act or juvenile	1393
traffic offense and includes any loss of income due to lost time	1394
at work because of any injury caused to the victim and any	1395
property loss, medical cost, or funeral expense incurred as a	1396
result of the delinquent act or juvenile traffic offense.	1397
"Economic loss" does not include non-economic loss or any punitive	1398
or exemplary damages.	1399

(M) "Firearm" has the same meaning as in section 2923.11 of	1400
the Revised Code.	1401

(N) "Juvenile traffic offender" means any child who violates	1402
any traffic law, traffic ordinance, or traffic regulation of this	1403
state, the United States, or any political subdivision of this	1404
state, other than a resolution, ordinance, or regulation of a	1405
political subdivision of this state the violation of which is	1406
required to be handled by a parking violations bureau or a joint	1407
parking violations bureau pursuant to Chapter 4521. of the Revised	1408
Code.	1409

(O) A "legitimate excuse for absence from the public school	1410
the child is supposed to attend" has the same meaning as in	1411
section 2151.011 of the Revised Code.	1412

(P) "Mandatory serious youthful offender" means a person who	1413
is eligible for a mandatory SYO and who is not transferred to	1414
adult court under a mandatory or discretionary transfer.	1415

(Q) "Mandatory SYO" means a case in which the juvenile court	1416
is required to impose a mandatory serious youthful offender	1417
disposition under section 2152.13 of the Revised Code.	1418

(R) "Mandatory transfer" means that a case is required to be	1419
transferred for criminal prosecution under division (A) of section	1420
2152.12 of the Revised Code.	1421

(S) "Mental illness" has the same meaning as in section	1422
5122.01 of the Revised Code.	1423

(T) "Mentally retarded person" has the same meaning as in	1424
section 5123.01 of the Revised Code.	1425

(U) "Monitored time" and "repeat violent offender" have the	1426
same meanings as in section 2929.01 of the Revised Code.	1427

(V) "Of compulsory school age" has the same meaning as in	1428
section 3321.01 of the Revised Code.	1429

(W) "Public record" has the same meaning as in section 149.43	1430
of the Revised Code.	1431

(X) "Serious youthful offender" means a person who is	1432
eligible for a mandatory SYO or discretionary SYO but who is not	1433
transferred to adult court under a mandatory or discretionary	1434
transfer.	1435

(Y) "Sexually oriented offense," "habitual sex offender,"	1436
"juvenile offender registrant," "sexual predator," "presumptive	1437
registration-exempt sexually oriented offense,"	1438
"registration-exempt sexually oriented offense," "child-victim	1439
oriented offense," "habitual child-victim offender," and	1440
"child-victim predator""tier I sex offender/child-victim	1441
offender," "tier II sex offender/child-victim offender," "tier III	1442
sex offender/child-victim offender," and "public	1443
registry-qualified juvenile offender registrant" have the same	1444
meanings as in section 2950.01 of the Revised Code.	1445

(Z) "Traditional juvenile" means a case that is not	1446
transferred to adult court under a mandatory or discretionary	1447
transfer, that is eligible for a disposition under sections	1448
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1449
that is not eligible for a disposition under section 2152.13 of	1450
the Revised Code.	1451

(AA) "Transfer" means the transfer for criminal prosecution	1452
of a case involving the alleged commission by a child of an act	1453
that would be an offense if committed by an adult from the	1454
juvenile court to the appropriate court that has jurisdiction of	1455
the offense.	1456

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

1457

(1) A violation of section 2903.01 or 2903.02 of the Revised	1458
Code;	1459

(2) A violation of section 2923.02 of the Revised Code	1460
involving an attempt to commit aggravated murder or murder.	1461

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

1462

(1) A violation of section 2903.03, 2905.01, 2907.02,	1463
2909.02, 2911.01, or 2911.11 of the Revised Code;	1464

(2) A violation of section 2903.04 of the Revised Code that	1465
is a felony of the first degree;	1466

(3) A violation of section 2907.12 of the Revised Code as it	1467
existed prior to September 3, 1996.	1468

(DD) "Non-economic loss" means nonpecuniary harm suffered by	1469
a victim of a delinquent act or juvenile traffic offense as a	1470
result of or related to the delinquent act or juvenile traffic	1471
offense, including, but not limited to, pain and suffering; loss	1472
of society, consortium, companionship, care, assistance,	1473
attention, protection, advice, guidance, counsel, instruction,	1474
training, or education; mental anguish; and any other intangible	1475
loss.	1476

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	1477
child, the court may make any of the following orders of	1478
disposition, in addition to any other disposition authorized or	1479
required by this chapter:	1480

(1) Any order that is authorized by section 2151.353 of the	1481
Revised Code for the care and protection of an abused, neglected,	1482
or dependent child;	1483

(2) Commit the child to the temporary custody of any school,	1484
camp, institution, or other facility operated for the care of	1485
delinquent children by the county, by a district organized under	1486
section 2152.41 or 2151.65 of the Revised Code, or by a private	1487
agency or organization, within or without the state, that is	1488
authorized and qualified to provide the care, treatment, or	1489
placement required, including, but not limited to, a school, camp,	1490
or facility operated under section 2151.65 of the Revised Code;	1491

(3) Place the child in a detention facility or district	1492
detention facility operated under section 2152.41 of the Revised	1493
Code, for up to ninety days;	1494

(4) Place the child on community control under any sanctions,	1495
services, and conditions that the court prescribes. As a condition	1496
of community control in every case and in addition to any other	1497
condition that it imposes upon the child, the court shall require	1498
the child to abide by the law during the period of community	1499
control. As referred to in this division, community control	1500
includes, but is not limited to, the following sanctions and	1501
conditions:	1502

(a) A period of basic probation supervision in which the	1503
child is required to maintain contact with a person appointed to	1504
supervise the child in accordance with sanctions imposed by the	1505
court;	1506

(b) A period of intensive probation supervision in which the	1507
child is required to maintain frequent contact with a person	1508
appointed by the court to supervise the child while the child is	1509
seeking or maintaining employment and participating in training,	1510
education, and treatment programs as the order of disposition;	1511

(c) A period of day reporting in which the child is required	1512
each day to report to and leave a center or another approved	1513
reporting location at specified times in order to participate in	1514
work, education or training, treatment, and other approved	1515
programs at the center or outside the center;	1516

(d) A period of community service of up to five hundred hours	1517
for an act that would be a felony or a misdemeanor of the first	1518
degree if committed by an adult, up to two hundred hours for an	1519
act that would be a misdemeanor of the second, third, or fourth	1520
degree if committed by an adult, or up to thirty hours for an act	1521
that would be a minor misdemeanor if committed by an adult;	1522

(e) A requirement that the child obtain a high school	1523
diploma, a certificate of high school equivalence, vocational	1524
training, or employment;	1525

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

1526

(g) A requirement of alcohol or drug assessment or	1527
counseling, or a period in an alcohol or drug treatment program	1528
with a level of security for the child as determined necessary by	1529
the court;	1530

(h) A period in which the court orders the child to observe a	1531
curfew that may involve daytime or evening hours;	1532

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

1533

(j) A period of house arrest without electronic monitoring or	1534
continuous alcohol monitoring;	1535

(k) A period of electronic monitoring or continuous alcohol	1536
monitoring without house arrest, or house arrest with electronic	1537
monitoring or continuous alcohol monitoring or both electronic	1538
monitoring and continuous alcohol monitoring, that does not exceed	1539
the maximum sentence of imprisonment that could be imposed upon an	1540
adult who commits the same act.	1541

A period of house arrest with electronic monitoring or	1542
continuous alcohol monitoring or both electronic monitoring and	1543
continuous alcohol monitoring, imposed under this division shall	1544
not extend beyond the child's twenty-first birthday. If a court	1545
imposes a period of house arrest with electronic monitoring or	1546
continuous alcohol monitoring or both electronic monitoring and	1547
continuous alcohol monitoring, upon a child under this division,	1548
it shall require the child: to remain in the child's home or other	1549
specified premises for the entire period of house arrest with	1550
electronic monitoring or continuous alcohol monitoring or both	1551
except when the court permits the child to leave those premises to	1552
go to school or to other specified premises. Regarding electronic	1553
monitoring, the court also shall require the child to be monitored	1554
by a central system that can determine the child's location at	1555
designated times; to report periodically to a person designated by	1556
the court; and to enter into a written contract with the court	1557
agreeing to comply with all requirements imposed by the court,	1558
agreeing to pay any fee imposed by the court for the costs of the	1559
house arrest with electronic monitoring, and agreeing to waive the	1560
right to receive credit for any time served on house arrest with	1561
electronic monitoring toward the period of any other dispositional	1562
order imposed upon the child if the child violates any of the	1563
requirements of the dispositional order of house arrest with	1564
electronic monitoring. The court also may impose other reasonable	1565
requirements upon the child.	1566

Unless ordered by the court, a child shall not receive credit	1567
for any time served on house arrest with electronic monitoring or	1568
continuous alcohol monitoring or both toward any other	1569
dispositional order imposed upon the child for the act for which	1570
was imposed the dispositional order of house arrest with	1571
electronic monitoring or continuous alcohol monitoring. As used in	1572
this division and division (A)(4)(l) of this section, "continuous	1573
alcohol monitoring" has the same meaning as in section 2929.01 of	1574
the Revised Code.	1575

(l) A suspension of the driver's license, probationary	1576
driver's license, or temporary instruction permit issued to the	1577
child for a period of time prescribed by the court, or a	1578
suspension of the registration of all motor vehicles registered in	1579
the name of the child for a period of time prescribed by the	1580
court. A child whose license or permit is so suspended is	1581
ineligible for issuance of a license or permit during the period	1582
of suspension. At the end of the period of suspension, the child	1583
shall not be reissued a license or permit until the child has paid	1584
any applicable reinstatement fee and complied with all	1585
requirements governing license reinstatement.	1586

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

1587

(6) Require the child to not be absent without legitimate	1588
excuse from the public school the child is supposed to attend for	1589
five or more consecutive days, seven or more school days in one	1590
school month, or twelve or more school days in a school year;	1591

(7)(a) If a child is adjudicated a delinquent child for being	1592
a chronic truant or a habitual truant who previously has been	1593
adjudicated an unruly child for being a habitual truant, do either	1594
or both of the following:	1595

(i) Require the child to participate in a truancy prevention	1596
mediation program;	1597

(ii) Make any order of disposition as authorized by this	1598
section, except that the court shall not commit the child to a	1599
facility described in division (A)(2) or (3) of this section	1600
unless the court determines that the child violated a lawful court	1601
order made pursuant to division (C)(1)(e) of section 2151.354 of	1602
the Revised Code or division (A)(6) of this section.	1603

(b) If a child is adjudicated a delinquent child for being a	1604
chronic truant or a habitual truant who previously has been	1605
adjudicated an unruly child for being a habitual truant and the	1606
court determines that the parent, guardian, or other person having	1607
care of the child has failed to cause the child's attendance at	1608
school in violation of section 3321.38 of the Revised Code, do	1609
either or both of the following:	1610

(i) Require the parent, guardian, or other person having care	1611
of the child to participate in a truancy prevention mediation	1612
program;	1613

(ii) Require the parent, guardian, or other person having	1614
care of the child to participate in any community service program,	1615
preferably a community service program that requires the	1616
involvement of the parent, guardian, or other person having care	1617
of the child in the school attended by the child.	1618

(8) Make any further disposition that the court finds proper,	1619
except that the child shall not be placed in any of the following:	1620

(a) A state correctional institution, a county, multicounty,	1621
or municipal jail or workhouse, or another place in which an adult	1622
convicted of a crime, under arrest, or charged with a crime is	1623
held;	1624

(b) A community corrections facility, if the child would be	1625
covered by the definition of public safety beds for purposes of	1626
sections 5139.41 to 5139.43 of the Revised Code if the court	1627
exercised its authority to commit the child to the legal custody	1628
of the department of youth services for institutionalization or	1629
institutionalization in a secure facility pursuant to this	1630
chapter.	1631

(B) If a child is adjudicated a delinquent child, in addition	1632
to any order of disposition made under division (A) of this	1633
section, the court, in the following situations and for the	1634
specified periods of time, shall suspend the child's temporary	1635
instruction permit, restricted license, probationary driver's	1636
license, or nonresident operating privilege, or suspend the	1637
child's ability to obtain such a permit:	1638

(1) If the child is adjudicated a delinquent child for	1639
violating section 2923.122 of the Revised Code, impose a class	1640
four suspension of the child's license, permit, or privilege from	1641
the range specified in division (A)(4) of section 4510.02 of the	1642
Revised Code or deny the child the issuance of a license or permit	1643
in accordance with division (F)(1) of section 2923.122 of the	1644
Revised Code.	1645

(2) If the child is adjudicated a delinquent child for	1646
committing an act that if committed by an adult would be a drug	1647
abuse offense or for violating division (B) of section 2917.11 of	1648
the Revised Code, suspend the child's license, permit, or	1649
privilege for a period of time prescribed by the court. The court,	1650
in its discretion, may terminate the suspension if the child	1651
attends and satisfactorily completes a drug abuse or alcohol abuse	1652
education, intervention, or treatment program specified by the	1653
court. During the time the child is attending a program described	1654
in this division, the court shall retain the child's temporary	1655
instruction permit, probationary driver's license, or driver's	1656
license, and the court shall return the permit or license if it	1657
terminates the suspension as described in this division.	1658

(C) The court may establish a victim-offender mediation	1659
program in which victims and their offenders meet to discuss the	1660
offense and suggest possible restitution. If the court obtains the	1661
assent of the victim of the delinquent act committed by the child,	1662
the court may require the child to participate in the program.	1663

(D)(1) If a child is adjudicated a delinquent child for	1664
committing an act that would be a felony if committed by an adult	1665
and if the child caused, attempted to cause, threatened to cause,	1666
or created a risk of physical harm to the victim of the act, the	1667
court, prior to issuing an order of disposition under this	1668
section, shall order the preparation of a victim impact statement	1669
by the probation department of the county in which the victim of	1670
the act resides, by the court's own probation department, or by a	1671
victim assistance program that is operated by the state, a county,	1672
a municipal corporation, or another governmental entity. The court	1673
shall consider the victim impact statement in determining the	1674
order of disposition to issue for the child.	1675

(2) Each victim impact statement shall identify the victim of	1676
the act for which the child was adjudicated a delinquent child,	1677
itemize any economic loss suffered by the victim as a result of	1678
the act, identify any physical injury suffered by the victim as a	1679
result of the act and the seriousness and permanence of the	1680
injury, identify any change in the victim's personal welfare or	1681
familial relationships as a result of the act and any	1682
psychological impact experienced by the victim or the victim's	1683
family as a result of the act, and contain any other information	1684
related to the impact of the act upon the victim that the court	1685
requires.	1686

(3) A victim impact statement shall be kept confidential and	1687
is not a public record. However, the court may furnish copies of	1688
the statement to the department of youth services if the	1689
delinquent child is committed to the department or to both the	1690
adjudicated delinquent child or the adjudicated delinquent child's	1691
counsel and the prosecuting attorney. The copy of a victim impact	1692
statement furnished by the court to the department pursuant to	1693
this section shall be kept confidential and is not a public	1694
record. If an officer is preparing pursuant to section 2947.06 or	1695
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	1696
investigation report pertaining to a person, the court shall make	1697
available to the officer, for use in preparing the report, a copy	1698
of any victim impact statement regarding that person. The copies	1699
of a victim impact statement that are made available to the	1700
adjudicated delinquent child or the adjudicated delinquent child's	1701
counsel and the prosecuting attorney pursuant to this division	1702
shall be returned to the court by the person to whom they were	1703
made available immediately following the imposition of an order of	1704
disposition for the child under this chapter.	1705

The copy of a victim impact statement that is made available	1706
pursuant to this division to an officer preparing a criminal	1707
presentence investigation report shall be returned to the court by	1708
the officer immediately following its use in preparing the report.	1709

(4) The department of youth services shall work with local	1710
probation departments and victim assistance programs to develop a	1711
standard victim impact statement.	1712

(E) If a child is adjudicated a delinquent child for being a	1713
chronic truant or a habitual truant who previously has been	1714
adjudicated an unruly child for being a habitual truant and the	1715
court determines that the parent, guardian, or other person having	1716
care of the child has failed to cause the child's attendance at	1717
school in violation of section 3321.38 of the Revised Code, in	1718
addition to any order of disposition it makes under this section,	1719
the court shall warn the parent, guardian, or other person having	1720
care of the child that any subsequent adjudication of the child as	1721
an unruly or delinquent child for being a habitual or chronic	1722
truant may result in a criminal charge against the parent,	1723
guardian, or other person having care of the child for a violation	1724
of division (C) of section 2919.21 or section 2919.24 of the	1725
Revised Code.	1726

(F)(1) During the period of a delinquent child's community	1727
control granted under this section, authorized probation officers	1728
who are engaged within the scope of their supervisory duties or	1729
responsibilities may search, with or without a warrant, the person	1730
of the delinquent child, the place of residence of the delinquent	1731
child, and a motor vehicle, another item of tangible or intangible	1732
personal property, or other real property in which the delinquent	1733
child has a right, title, or interest or for which the delinquent	1734
child has the express or implied permission of a person with a	1735
right, title, or interest to use, occupy, or possess if the	1736
probation officers have reasonable grounds to believe that the	1737
delinquent child is not abiding by the law or otherwise is not	1738
complying with the conditions of the delinquent child's community	1739
control. The court that places a delinquent child on community	1740
control under this section shall provide the delinquent child with	1741
a written notice that informs the delinquent child that authorized	1742
probation officers who are engaged within the scope of their	1743
supervisory duties or responsibilities may conduct those types of	1744
searches during the period of community control if they have	1745
reasonable grounds to believe that the delinquent child is not	1746
abiding by the law or otherwise is not complying with the	1747
conditions of the delinquent child's community control. The court	1748
also shall provide the written notice described in division (E)(2)	1749
of this section to each parent, guardian, or custodian of the	1750
delinquent child who is described in that division.	1751

(2) The court that places a child on community control under	1752
this section shall provide the child's parent, guardian, or other	1753
custodian with a written notice that informs them that authorized	1754
probation officers may conduct searches pursuant to division	1755
(E)(1) of this section. The notice shall specifically state that a	1756
permissible search might extend to a motor vehicle, another item	1757
of tangible or intangible personal property, or a place of	1758
residence or other real property in which a notified parent,	1759
guardian, or custodian has a right, title, or interest and that	1760
the parent, guardian, or custodian expressly or impliedly permits	1761
the child to use, occupy, or possess.	1762

(G) If a juvenile court commits a delinquent child to the	1763
custody of any person, organization, or entity pursuant to this	1764
section and if the delinquent act for which the child is so	1765
committed is a sexually oriented offense that is not a	1766
registration-exempt sexually oriented offense or is a child-victim	1767
oriented offense, the court in the order of disposition shall do	1768
one of the following:	1769

(1) Require that the child be provided treatment as described	1770
in division (A)(2) of section 5139.13 of the Revised Code;	1771

(2) Inform the person, organization, or entity that it is the	1772
preferred course of action in this state that the child be	1773
provided treatment as described in division (A)(2) of section	1774
5139.13 of the Revised Code and encourage the person,	1775
organization, or entity to provide that treatment.	1776

Sec. 2152.191.  If a child is adjudicated a delinquent child	1777
for committing a sexually oriented offense that is not a	1778
registration-exempt sexually oriented offense or for committing a	1779
child-victim oriented offense, if the child is fourteen years of	1780
age or older at the time of committing the offense, and if the	1781
child committed the offense on or after January 1, 2002, both of	1782
the following apply:	1783

(A) Sections 2152.82 to 2152.852152.86 and Chapter 2950. of	1784
the Revised Code apply to the child and the adjudication.	1785

(B) In addition to any order of disposition it makes of the	1786
child under this chapter, the court may make any determination,	1787
adjudication, or order authorized under sections 2152.82 to	1788
2152.852152.86 and Chapter 2950. of the Revised Code and shall	1789
make any determination, adjudication, or order required under	1790
those sections and that chapter.	1791

Sec. 2152.22.  (A) When a child is committed to the legal	1792
custody of the department of youth services under this chapter,	1793
the juvenile court relinquishes control with respect to the child	1794
so committed, except as provided in divisions (B), (C), and (G) of	1795
this section or in sections 2152.82 to 2152.852152.86 of the	1796
Revised Code. Subject to divisions (B) and (C) of this section,	1797
sections 2151.353 and 2151.412 to 2151.421 of the Revised Code,	1798
sections 2152.82 to 2152.852152.86 of the Revised Code, and any	1799
other provision of law that specifies a different duration for a	1800
dispositional order, all other dispositional orders made by the	1801
court under this chapter shall be temporary and shall continue for	1802
a period that is designated by the court in its order, until	1803
terminated or modified by the court or until the child attains	1804
twenty-one years of age.	1805

The department shall not release the child from a department	1806
facility and as a result shall not discharge the child or order	1807
the child's release on supervised release prior to the expiration	1808
of the minimum period specified by the court in division (A)(1) of	1809
section 2152.16 of the Revised Code and any term of commitment	1810
imposed under section 2152.17 of the Revised Code or prior to the	1811
child's attainment of twenty-one years of age, except upon the	1812
order of a court pursuant to division (B) or (C) of this section	1813
or in accordance with section 5139.54 of the Revised Code.	1814

(B)(1) The court that commits a delinquent child to the	1815
department may grant judicial release of the child to court	1816
supervision under this division during the first half of the	1817
prescribed minimum term for which the child was committed to the	1818
department or, if the child was committed to the department until	1819
the child attains twenty-one years of age, during the first half	1820
of the prescribed period of commitment that begins on the first	1821
day of commitment and ends on the child's twenty-first birthday,	1822
provided any commitment imposed under division (A), (B), (C), or	1823
(D) of section 2152.17 of the Revised Code has ended.	1824

(2) If the department of youth services desires to release a	1825
child during a period specified in division (B)(1) of this	1826
section, it shall request the court that committed the child to	1827
grant a judicial release of the child to court supervision. During	1828
whichever of those periods is applicable, the child or the parents	1829
of the child also may request that court to grant a judicial	1830
release of the child to court supervision. Upon receipt of a	1831
request for a judicial release to court supervision from the	1832
department, the child, or the child's parent, or upon its own	1833
motion, the court that committed the child shall do one of the	1834
following: approve the release by journal entry; schedule within	1835
thirty days after the request is received a time for a hearing on	1836
whether the child is to be released; or reject the request by	1837
journal entry without conducting a hearing.	1838

If the court rejects an initial request for a release under	1839
this division by the child or the child's parent, the child or the	1840
child's parent may make one additional request for a judicial	1841
release to court supervision within the applicable period. The	1842
additional request may be made no earlier than thirty days after	1843
the filing of the prior request for a judicial release to court	1844
supervision. Upon the filing of a second request for a judicial	1845
release to court supervision, the court shall either approve or	1846
disapprove the release by journal entry or schedule within thirty	1847
days after the request is received a time for a hearing on whether	1848
the child is to be released.	1849

(3) If a court schedules a hearing under division (B)(2) of	1850
this section, it may order the department to deliver the child to	1851
the court on the date set for the hearing and may order the	1852
department to present to the court a report on the child's	1853
progress in the institution to which the child was committed and	1854
recommendations for conditions of supervision of the child by the	1855
court after release. The court may conduct the hearing without the	1856
child being present. The court shall determine at the hearing	1857
whether the child should be granted a judicial release to court	1858
supervision.	1859

If the court approves the release, it shall order its staff	1860
to prepare a written treatment and rehabilitation plan for the	1861
child that may include any conditions of the child's release that	1862
were recommended by the department and approved by the court. The	1863
committing court shall send the juvenile court of the county in	1864
which the child is placed a copy of the recommended plan. The	1865
court of the county in which the child is placed may adopt the	1866
recommended conditions set by the committing court as an order of	1867
the court and may add any additional consistent conditions it	1868
considers appropriate. If a child is granted a judicial release to	1869
court supervision, the release discharges the child from the	1870
custody of the department of youth services.	1871

(C)(1) The court that commits a delinquent child to the	1872
department may grant judicial release of the child to department	1873
of youth services supervision under this division during the	1874
second half of the prescribed minimum term for which the child was	1875
committed to the department or, if the child was committed to the	1876
department until the child attains twenty-one years of age, during	1877
the second half of the prescribed period of commitment that begins	1878
on the first day of commitment and ends on the child's	1879
twenty-first birthday, provided any commitment imposed under	1880
division (A), (B), (C), or (D) of section 2152.17 of the Revised	1881
Code has ended.	1882

(2) If the department of youth services desires to release a	1883
child during a period specified in division (C)(1) of this	1884
section, it shall request the court that committed the child to	1885
grant a judicial release to department of youth services	1886
supervision. During whichever of those periods is applicable, the	1887
child or the child's parent also may request the court that	1888
committed the child to grant a judicial release to department of	1889
youth services supervision. Upon receipt of a request for judicial	1890
release to department of youth services supervision, the child, or	1891
the child's parent, or upon its own motion at any time during that	1892
period, the court shall do one of the following: approve the	1893
release by journal entry; schedule a time within thirty days after	1894
receipt of the request for a hearing on whether the child is to be	1895
released; or reject the request by journal entry without	1896
conducting a hearing.	1897

If the court rejects an initial request for release under	1898
this division by the child or the child's parent, the child or the	1899
child's parent may make one or more subsequent requests for a	1900
release within the applicable period, but may make no more than	1901
one request during each period of ninety days that the child is in	1902
a secure department facility after the filing of a prior request	1903
for early release. Upon the filing of a request for release under	1904
this division subsequent to an initial request, the court shall	1905
either approve or disapprove the release by journal entry or	1906
schedule a time within thirty days after receipt of the request	1907
for a hearing on whether the child is to be released.	1908

(3) If a court schedules a hearing under division (C)(2) of	1909
this section, it may order the department to deliver the child to	1910
the court on the date set for the hearing and shall order the	1911
department to present to the court at that time a treatment plan	1912
for the child's post-institutional care. The court may conduct the	1913
hearing without the child being present. The court shall determine	1914
at the hearing whether the child should be granted a judicial	1915
release to department of youth services supervision.	1916

If the court approves the judicial release to department of	1917
youth services supervision, the department shall prepare a written	1918
treatment and rehabilitation plan for the child pursuant to	1919
division (E) of this section that shall include the conditions of	1920
the child's release. It shall send the committing court and the	1921
juvenile court of the county in which the child is placed a copy	1922
of the plan. The court of the county in which the child is placed	1923
may adopt the conditions set by the department as an order of the	1924
court and may add any additional consistent conditions it	1925
considers appropriate, provided that the court may not add any	1926
condition that decreases the level or degree of supervision	1927
specified by the department in its plan, that substantially	1928
increases the financial burden of supervision that will be	1929
experienced by the department, or that alters the placement	1930
specified by the department in its plan. If the court of the	1931
county in which the child is placed adds to the department's plan	1932
any additional conditions, it shall enter those additional	1933
conditions in its journal and shall send to the department a copy	1934
of the journal entry of the additional conditions.	1935

If the court approves the judicial release to department of	1936
youth services supervision, the actual date on which the	1937
department shall release the child is contingent upon the	1938
department finding a suitable placement for the child. If the	1939
child is to be returned to the child's home, the department shall	1940
return the child on the date that the court schedules for the	1941
child's release or shall bear the expense of any additional time	1942
that the child remains in a department facility. If the child is	1943
unable to return to the child's home, the department shall	1944
exercise reasonable diligence in finding a suitable placement for	1945
the child, and the child shall remain in a department facility	1946
while the department finds the suitable placement.	1947

(D) If a child is released under division (B) or (C) of this	1948
section and the court of the county in which the child is placed	1949
has reason to believe that the child's deportment is not in	1950
accordance with the conditions of the child's judicial release,	1951
the court of the county in which the child is placed shall	1952
schedule a time for a hearing to determine whether the child	1953
violated any of the post-release conditions, and, if the child was	1954
released under division (C) of this section, divisions (A) to (E)	1955
of section 5139.52 of the Revised Code apply regarding the child.	1956

If that court determines at the hearing that the child	1957
violated any of the post-release conditions, the court, if it	1958
determines that the violation was a serious violation, may order	1959
the child to be returned to the department for	1960
institutionalization, consistent with the original order of	1961
commitment of the child, or in any case may make any other	1962
disposition of the child authorized by law that the court	1963
considers proper. If the court of the county in which the child is	1964
placed orders the child to be returned to a department of youth	1965
services institution, the time during which the child was held in	1966
a secure department facility prior to the child's judicial release	1967
shall be considered as time served in fulfilling the prescribed	1968
period of institutionalization that is applicable to the child	1969
under the child's original order of commitment. If the court	1970
orders the child returned to a department institution, the child	1971
shall remain in institutional care for a minimum of three months	1972
or until the child successfully completes a revocation program of	1973
a duration of not less than thirty days operated either by the	1974
department or by an entity with which the department has	1975
contracted to provide a revocation program.	1976

(E) The department of youth services, prior to the release of	1977
a child pursuant to division (C) of this section, shall do all of	1978
the following:	1979

(1) After reviewing the child's rehabilitative progress	1980
history and medical and educational records, prepare a written	1981
treatment and rehabilitation plan for the child that includes	1982
conditions of the release;	1983

(2) Completely discuss the conditions of the plan prepared	1984
pursuant to division (E)(1) of this section and the possible	1985
penalties for violation of the plan with the child and the child's	1986
parents, guardian, or legal custodian;	1987

(3) Have the plan prepared pursuant to division (E)(1) of	1988
this section signed by the child, the child's parents, legal	1989
guardian, or custodian, and any authority or person that is to	1990
supervise, control, and provide supportive assistance to the child	1991
at the time of the child's release pursuant to division (C) of	1992
this section;	1993

(4) Prior to the child's release, file a copy of the	1994
treatment plan prepared pursuant to division (E)(1) of this	1995
section with the committing court and the juvenile court of the	1996
county in which the child is to be placed.	1997

(F) The department of youth services shall file a written	1998
progress report with the committing court regarding each child	1999
released pursuant to division (C) of this section at least once	2000
every thirty days unless specifically directed otherwise by the	2001
court. The report shall indicate the treatment and rehabilitative	2002
progress of the child and the child's family, if applicable, and	2003
shall include any suggestions for altering the program, custody,	2004
living arrangements, or treatment. The department shall retain	2005
legal custody of a child so released until it discharges the child	2006
or until the custody is terminated as otherwise provided by law.	2007

(G) When a child is committed to the legal custody of the	2008
department of youth services, the court retains jurisdiction to	2009
perform the functions specified in section 5139.51 of the Revised	2010
Code with respect to the granting of supervised release by the	2011
release authority and to perform the functions specified in	2012
section 5139.52 of the Revised Code with respect to violations of	2013
the conditions of supervised release granted by the release	2014
authority and to the revocation of supervised release granted by	2015
the release authority.	2016

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

2017

(1) "Mentally retarded person" and "developmentally disabled	2018
person" have the same meanings as in section 5123.01 of the	2019
Revised Code.	2020

(2) "Mentally retarded or developmentally disabled victim"	2021
includes any of the following persons:	2022

(a) A mentally retarded person or developmentally disabled	2023
person who was a victim of a violation identified in division	2024
(B)(1) of this section or an act that would be an offense of	2025
violence if committed by an adult;	2026

(b) A mentally retarded person or developmentally disabled	2027
person against whom was directed any conduct that constitutes, or	2028
that is an element of, a violation identified in division (B)(1)	2029
of this section or an act that would be an offense of violence if	2030
committed by an adult.	2031

(B)(1) In any proceeding in juvenile court involving a	2032
complaint, indictment, or information in which a child is charged	2033
with a violation of section 2903.16, 2903.34, 2903.341, 2907.02,	2034
2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321,	2035
2907.322, or 2907.323 of the Revised Code or an act that would be	2036
an offense of violence if committed by an adult and in which an	2037
alleged victim of the violation or act was a mentally retarded	2038
person or developmentally disabled person, the juvenile judge,	2039
upon motion of the prosecution, shall order that the testimony of	2040
the mentally retarded or developmentally disabled victim be taken	2041
by deposition. The prosecution also may request that the	2042
deposition be videotaped in accordance with division (B)(2) of	2043
this section. The judge shall notify the mentally retarded or	2044
developmentally disabled victim whose deposition is to be taken,	2045
the prosecution, and the attorney for the child who is charged	2046
with the violation or act of the date, time, and place for taking	2047
the deposition. The notice shall identify the mentally retarded or	2048
developmentally disabled victim who is to be examined and shall	2049
indicate whether a request that the deposition be videotaped has	2050
been made. The child who is charged with the violation or act	2051
shall have the right to attend the deposition and the right to be	2052
represented by counsel. Depositions shall be taken in the manner	2053
provided in civil cases, except that the judge in the proceeding	2054
shall preside at the taking of the deposition and shall rule at	2055
that time on any objections of the prosecution or the attorney for	2056
the child charged with the violation or act. The prosecution and	2057
the attorney for the child charged with the violation or act shall	2058
have the right, as at an adjudication hearing, to full examination	2059
and cross-examination of the mentally retarded or developmentally	2060
disabled victim whose deposition is to be taken.	2061

If a deposition taken under this division is intended to be	2062
offered as evidence in the proceeding, it shall be filed in the	2063
juvenile court in which the action is pending and is admissible in	2064
the manner described in division (C) of this section. If a	2065
deposition of a mentally retarded or developmentally disabled	2066
victim taken under this division is admitted as evidence at the	2067
proceeding under division (C) of this section, the mentally	2068
retarded or developmentally disabled victim shall not be required	2069
to testify in person at the proceeding.	2070

At any time before the conclusion of the proceeding, the	2071
attorney for the child charged with the violation or act may file	2072
a motion with the judge requesting that another deposition of the	2073
mentally retarded or developmentally disabled victim be taken	2074
because new evidence material to the defense of the child charged	2075
has been discovered that the attorney for the child charged could	2076
not with reasonable diligence have discovered prior to the taking	2077
of the admitted deposition. Any motion requesting another	2078
deposition shall be accompanied by supporting affidavits. Upon the	2079
filing of the motion and affidavits, the court may order that	2080
additional testimony of the mentally retarded or developmentally	2081
disabled victim relative to the new evidence be taken by another	2082
deposition. If the court orders the taking of another deposition	2083
under this provision, the deposition shall be taken in accordance	2084
with this division. If the admitted deposition was a videotaped	2085
deposition taken in accordance with division (B)(2) of this	2086
section, the new deposition also shall be videotaped in accordance	2087
with that division. In other cases, the new deposition may be	2088
videotaped in accordance with that division.	2089

(2) If the prosecution requests that a deposition to be taken	2090
under division (B)(1) of this section be videotaped, the juvenile	2091
judge shall order that the deposition be videotaped in accordance	2092
with this division. If a juvenile judge issues an order to video	2093
tape the deposition, the judge shall exclude from the room in	2094
which the deposition is to be taken every person except the	2095
mentally retarded or developmentally disabled victim giving the	2096
testimony, the judge, one or more interpreters if needed, the	2097
attorneys for the prosecution and the child who is charged with	2098
the violation or act, any person needed to operate the equipment	2099
to be used, one person chosen by the mentally retarded or	2100
developmentally disabled victim giving the deposition, and any	2101
person whose presence the judge determines would contribute to the	2102
welfare and well-being of the mentally retarded or developmentally	2103
disabled victim giving the deposition. The person chosen by the	2104
mentally retarded or developmentally disabled victim shall not be	2105
a witness in the proceeding and, both before and during the	2106
deposition, shall not discuss the testimony of the victim with any	2107
other witness in the proceeding. To the extent feasible, any	2108
person operating the recording equipment shall be restricted to a	2109
room adjacent to the room in which the deposition is being taken,	2110
or to a location in the room in which the deposition is being	2111
taken that is behind a screen or mirror so that the person	2112
operating the recording equipment can see and hear, but cannot be	2113
seen or heard by, the mentally retarded or developmentally	2114
disabled victim giving the deposition during the deposition.	2115

The child who is charged with the violation or act shall be	2116
permitted to observe and hear the testimony of the mentally	2117
retarded or developmentally disabled victim giving the deposition	2118
on a monitor, shall be provided with an electronic means of	2119
immediate communication with the attorney of the child who is	2120
charged with the violation or act during the testimony, and shall	2121
be restricted to a location from which the child who is charged	2122
with the violation or act cannot be seen or heard by the mentally	2123
retarded or developmentally disabled victim giving the deposition,	2124
except on a monitor provided for that purpose. The mentally	2125
retarded or developmentally disabled victim giving the deposition	2126
shall be provided with a monitor on which the mentally retarded or	2127
developmentally disabled victim can observe, while giving	2128
testimony, the child who is charged with the violation or act. The	2129
judge, at the judge's discretion, may preside at the deposition by	2130
electronic means from outside the room in which the deposition is	2131
to be taken; if the judge presides by electronic means, the judge	2132
shall be provided with monitors on which the judge can see each	2133
person in the room in which the deposition is to be taken and with	2134
an electronic means of communication with each person in that	2135
room, and each person in the room shall be provided with a monitor	2136
on which that person can see the judge and with an electronic	2137
means of communication with the judge. A deposition that is	2138
videotaped under this division shall be taken and filed in the	2139
manner described in division (B)(1) of this section and is	2140
admissible in the manner described in this division and division	2141
(C) of this section. If a deposition that is videotaped under this	2142
division is admitted as evidence at the proceeding, the mentally	2143
retarded or developmentally disabled victim shall not be required	2144
to testify in person at the proceeding. No deposition videotaped	2145
under this division shall be admitted as evidence at any	2146
proceeding unless division (C) of this section is satisfied	2147
relative to the deposition and all of the following apply relative	2148
to the recording:	2149

(a) The recording is both aural and visual and is recorded on	2150
film or videotape, or by other electronic means.	2151

(b) The recording is authenticated under the Rules of	2152
Evidence and the Rules of Criminal Procedure as a fair and	2153
accurate representation of what occurred, and the recording is not	2154
altered other than at the direction and under the supervision of	2155
the judge in the proceeding.	2156

(c) Each voice on the recording that is material to the	2157
testimony on the recording or the making of the recording, as	2158
determined by the judge, is identified.	2159

(d) Both the prosecution and the child who is charged with	2160
the violation or act are afforded an opportunity to view the	2161
recording before it is shown in the proceeding.	2162

(C)(1) At any proceeding in relation to which a deposition	2163
was taken under division (B) of this section, the deposition or a	2164
part of it is admissible in evidence upon motion of the	2165
prosecution if the testimony in the deposition or the part to be	2166
admitted is not excluded by the hearsay rule and if the deposition	2167
or the part to be admitted otherwise is admissible under the Rules	2168
of Evidence. For purposes of this division, testimony is not	2169
excluded by the hearsay rule if the testimony is not hearsay under	2170
Evidence Rule 801; the testimony is within an exception to the	2171
hearsay rule set forth in Evidence Rule 803; the mentally retarded	2172
or developmentally disabled victim who gave the testimony is	2173
unavailable as a witness, as defined in Evidence Rule 804, and the	2174
testimony is admissible under that rule; or both of the following	2175
apply:	2176

(a) The child who is charged with the violation or act had an	2177
opportunity and similar motive at the time of the taking of the	2178
deposition to develop the testimony by direct, cross, or redirect	2179
examination.	2180

(b) The judge determines that there is reasonable cause to	2181
believe that, if the mentally retarded or developmentally disabled	2182
victim who gave the testimony in the deposition were to testify in	2183
person at the proceeding, the mentally retarded or developmentally	2184
disabled victim would experience serious emotional trauma as a	2185
result of the mentally retarded or developmentally disabled	2186
victim's participation at the proceeding.	2187

(2) Objections to receiving in evidence a deposition or a	2188
part of it under division (C) of this section shall be made as	2189
provided in civil actions.	2190

(3) The provisions of divisions (B) and (C) of this section	2191
are in addition to any other provisions of the Revised Code, the	2192
Rules of Juvenile Procedure, the Rules of Criminal Procedure, or	2193
the Rules of Evidence that pertain to the taking or admission of	2194
depositions in a juvenile court proceeding and do not limit the	2195
admissibility under any of those other provisions of any	2196
deposition taken under division (B) of this section or otherwise	2197
taken.	2198

(D) In any proceeding in juvenile court involving a	2199
complaint, indictment, or information in which a child is charged	2200
with a violation listed in division (B)(1) of this section or an	2201
act that would be an offense of violence if committed by an adult	2202
and in which an alleged victim of the violation or offense was a	2203
mentally retarded or developmentally disabled person, the	2204
prosecution may file a motion with the juvenile judge requesting	2205
the judge to order the testimony of the mentally retarded or	2206
developmentally disabled victim to be taken in a room other than	2207
the room in which the proceeding is being conducted and be	2208
televised, by closed circuit equipment, into the room in which the	2209
proceeding is being conducted to be viewed by the child who is	2210
charged with the violation or act and any other persons who are	2211
not permitted in the room in which the testimony is to be taken	2212
but who would have been present during the testimony of the	2213
mentally retarded or developmentally disabled victim had it been	2214
given in the room in which the proceeding is being conducted.	2215
Except for good cause shown, the prosecution shall file a motion	2216
under this division at least seven days before the date of the	2217
proceeding. The juvenile judge may issue the order upon the motion	2218
of the prosecution filed under this division, if the judge	2219
determines that the mentally retarded or developmentally disabled	2220
victim is unavailable to testify in the room in which the	2221
proceeding is being conducted in the physical presence of the	2222
child charged with the violation or act for one or more of the	2223
reasons set forth in division (F) of this section. If a juvenile	2224
judge issues an order of that nature, the judge shall exclude from	2225
the room in which the testimony is to be taken every person except	2226
a person described in division (B)(2) of this section. The judge,	2227
at the judge's discretion, may preside during the giving of the	2228
testimony by electronic means from outside the room in which it is	2229
being given, subject to the limitations set forth in division	2230
(B)(2) of this section. To the extent feasible, any person	2231
operating the televising equipment shall be hidden from the sight	2232
and hearing of the mentally retarded or developmentally disabled	2233
victim giving the testimony, in a manner similar to that described	2234
in division (B)(2) of this section. The child who is charged with	2235
the violation or act shall be permitted to observe and hear the	2236
testimony of the mentally retarded or developmentally disabled	2237
victim giving the testimony on a monitor, shall be provided with	2238
an electronic means of immediate communication with the attorney	2239
of the child who is charged with the violation or act during the	2240
testimony, and shall be restricted to a location from which the	2241
child who is charged with the violation or act cannot be seen or	2242
heard by the mentally retarded or developmentally disabled victim	2243
giving the testimony, except on a monitor provided for that	2244
purpose. The mentally retarded or developmentally disabled victim	2245
giving the testimony shall be provided with a monitor on which the	2246
mentally retarded or developmentally disabled victim can observe,	2247
while giving testimony, the child who is charged with the	2248
violation or act.	2249

(E) In any proceeding in juvenile court involving a	2250
complaint, indictment, or information in which a child is charged	2251
with a violation listed in division (B)(1) of this section or an	2252
act that would be an offense of violence if committed by an adult	2253
and in which an alleged victim of the violation or offense was a	2254
mentally retarded or developmentally disabled person, the	2255
prosecution may file a motion with the juvenile judge requesting	2256
the judge to order the testimony of the mentally retarded or	2257
developmentally disabled victim to be taken outside of the room in	2258
which the proceeding is being conducted and be recorded for	2259
showing in the room in which the proceeding is being conducted	2260
before the judge, the child who is charged with the violation or	2261
act, and any other persons who would have been present during the	2262
testimony of the mentally retarded or developmentally disabled	2263
victim had it been given in the room in which the proceeding is	2264
being conducted. Except for good cause shown, the prosecution	2265
shall file a motion under this division at least seven days before	2266
the date of the proceeding. The juvenile judge may issue the order	2267
upon the motion of the prosecution filed under this division, if	2268
the judge determines that the mentally retarded or developmentally	2269
disabled victim is unavailable to testify in the room in which the	2270
proceeding is being conducted in the physical presence of the	2271
child charged with the violation or act, due to one or more of the	2272
reasons set forth in division (F) of this section. If a juvenile	2273
judge issues an order of that nature, the judge shall exclude from	2274
the room in which the testimony is to be taken every person except	2275
a person described in division (B)(2) of this section. To the	2276
extent feasible, any person operating the recording equipment	2277
shall be hidden from the sight and hearing of the mentally	2278
retarded or developmentally disabled victim giving the testimony,	2279
in a manner similar to that described in division (B)(2) of this	2280
section. The child who is charged with the violation or act shall	2281
be permitted to observe and hear the testimony of the mentally	2282
retarded or developmentally disabled victim giving the testimony	2283
on a monitor, shall be provided with an electronic means of	2284
immediate communication with the attorney of the child who is	2285
charged with the violation or act during the testimony, and shall	2286
be restricted to a location from which the child who is charged	2287
with the violation or act cannot be seen or heard by the mentally	2288
retarded or developmentally disabled victim giving the testimony,	2289
except on a monitor provided for that purpose. The mentally	2290
retarded or developmentally disabled victim giving the testimony	2291
shall be provided with a monitor on which the mentally retarded or	2292
developmentally disabled victim can observe, while giving	2293
testimony, the child who is charged with the violation or act. No	2294
order for the taking of testimony by recording shall be issued	2295
under this division unless the provisions set forth in divisions	2296
(B)(2)(a), (b), (c), and (d) of this section apply to the	2297
recording of the testimony.	2298

(F) For purposes of divisions (D) and (E) of this section, a	2299
juvenile judge may order the testimony of a mentally retarded or	2300
developmentally disabled victim to be taken outside of the room in	2301
which a proceeding is being conducted if the judge determines that	2302
the mentally retarded or developmentally disabled victim is	2303
unavailable to testify in the room in the physical presence of the	2304
child charged with the violation or act due to one or more of the	2305
following circumstances:	2306

(1) The persistent refusal of the mentally retarded or	2307
developmentally disabled victim to testify despite judicial	2308
requests to do so;	2309

(2) The inability of the mentally retarded or developmentally	2310
disabled victim to communicate about the alleged violation or	2311
offense because of extreme fear, failure of memory, or another	2312
similar reason;	2313

(3) The substantial likelihood that the mentally retarded or	2314
developmentally disabled victim will suffer serious emotional	2315
trauma from so testifying.	2316

(G)(1) If a juvenile judge issues an order pursuant to	2317
division (D) or (E) of this section that requires the testimony of	2318
a mentally retarded or developmentally disabled victim in a	2319
juvenile court proceeding to be taken outside of the room in which	2320
the proceeding is being conducted, the order shall specifically	2321
identify the mentally retarded or developmentally disabled victim	2322
to whose testimony it applies, the order applies only during the	2323
testimony of the specified mentally retarded or developmentally	2324
disabled victim, and the mentally retarded or developmentally	2325
disabled victim giving the testimony shall not be required to	2326
testify at the proceeding other than in accordance with the order.	2327
The authority of a judge to close the taking of a deposition under	2328
division (B)(2) of this section or a proceeding under division (D)	2329
or (E) of this section is in addition to the authority of a judge	2330
to close a hearing pursuant to section 2151.35 of the Revised	2331
Code.	2332

(2) A juvenile judge who makes any determination regarding	2333
the admissibility of a deposition under divisions (B) and (C) of	2334
this section, the videotaping of a deposition under division	2335
(B)(2) of this section, or the taking of testimony outside of the	2336
room in which a proceeding is being conducted under division (D)	2337
or (E) of this section shall enter the determination and findings	2338
on the record in the proceeding.	2339

Sec. 2152.82. (A) The court that adjudicates a child a	2340
delinquent child shall issue as part of the dispositional order an	2341
order that classifies the child a juvenile offender registrant and	2342
specifies that the child has a duty to comply with sections	2343
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if all	2344
of the following apply:	2345

(1) The act for which the child is adjudicated a delinquent	2346
child is a sexually oriented offense that is not a	2347
registration-exempt sexually oriented offense or is a child-victim	2348
oriented offense that the child committed on or after January 1,	2349
2002.	2350

(2) The child was fourteen, fifteen, sixteen, or seventeen	2351
years of age at the time of committing the offense.	2352

(3) The court has determined that the child previously was	2353
convicted of, pleaded guilty to, or was adjudicated a delinquent	2354
child for committing any sexually oriented offense or child-victim	2355
oriented offense, regardless of when the prior offense was	2356
committed and regardless of the child's age at the time of	2357
committing the offense.	2358

(4) The court is not required to classify the child as both a	2359
juvenile offender registrant and a public registry-qualified	2360
juvenile offender registrant under section 2152.86 of the Revised	2361
Code.	2362

(B) An order required under division (A) of this section	2363
shall be issued at the time the judge makes the ordersorder of	2364
disposition for the delinquent child. Prior to issuing the order	2365
required by division (A) of this section, the judge shall conduct	2366
the hearing and make the determinations required by division (B)	2367
of section 2950.09 of the Revised Code regarding a sexually	2368
oriented offense that is not a registration-exempt sexually	2369
oriented offense or division (B) of section 2950.091 of the	2370
Revised Code regarding a child-victim oriented offense to	2371
determine if the child is to be classified a sexual predator or a	2372
child-victim predator, shall make the determinations required by	2373
division (E) of section 2950.09 of the Revised Code regarding a	2374
sexually oriented offense that is not a registration-exempt	2375
sexually oriented offense or division (E) of section 2950.091 of	2376
the Revised Code regarding a child-victim oriented offense to	2377
determine if the child is to be classified a habitual sex offender	2378
or a habitual child-victim offender, and shall otherwise comply	2379
with those divisionsa hearing under section 2152.831 of the	2380
Revised Code to determine whether the child is a tier I sex	2381
offender/child-victim offender, a tier II sex	2382
offender/child-victim offender, or a tier III sex	2383
offender/child-victim offender. If the court determines that the	2384
delinquent child to whom the order applies is a tier III sex	2385
offender/child-victim offender and the child is not a public	2386
registry-qualified juvenile offender registrant, the judge may	2387
impose a requirement subjecting the child to the victim and	2388
community notification provisions of sections 2950.10 and 2950.11	2389
of the Revised Code. When a judge issues an order under division	2390
(A) of this section, all of the following apply:	2391

(1) The judge shall include in the order any determination	2392
that the delinquent child is, or is not, a sexual predator or	2393
child-victim predator or is, or is not, a habitual sex offender or	2394
habitual child-victim offender that the judge makes pursuant to	2395
division (B) or (E) of section 2950.09 or 2950.091 of the Revised	2396
Code and any related information required or authorized under the	2397
division under which the determination is made, including, but not	2398
limited to, any requirement imposed by the court subjecting a	2399
child who is a habitual sex offender or habitual child-victim	2400
offender to community notification provisions as described in	2401
division (E) of section 2950.09 or 2950.091 of the Revised Code.	2402

(2) The judge shall include in the order a statement that,	2403
upon completion of the disposition of the delinquent child that	2404
was made for the sexually oriented offense or child-victim	2405
oriented offense upon which the order is based, a hearing will be	2406
conducted, and the order and any determinations included in the	2407
order are subject to modification or termination pursuant to	2408
sections 2152.84 and 2152.85 of the Revised Code.	2409

(3)(2) The judge shall provide to the delinquent child and to	2410
the delinquent child's parent, guardian, or custodian the notice	2411
required under divisions (A) and (B) of section 2950.03 of the	2412
Revised Code and shall provide as part of that notice a copy of	2413
the order.	2414

(4)(3) The judge shall include the order in the delinquent	2415
child's dispositional order and shall specify in the dispositional	2416
order that the order issued under division (A) of this section was	2417
made pursuant to this section.	2418

(4) If the court determines that the delinquent child to whom	2419
the order applies is a tier III sex offender/child-victim	2420
offender, if the child is not a public registry-qualified juvenile	2421
offender registrant, and if the judge imposes a requirement	2422
subjecting the child to the victim and community notification	2423
provisions of sections 2950.10 and 2950.11 of the Revised Code,	2424
the judge shall include the requirement in the order.	2425

(5) The court shall include in the order its determination	2426
made at the hearing held under section 2151.831 of the Revised	2427
Code as to whether the delinquent child is a tier I sex	2428
offender/child-victim offender, a tier II sex	2429
offender/child-victim offender, or a tier III sex	2430
offender/child-victim offender.	2431

(C) AnExcept as provided in division (D) of this section, an	2432
order issued under division (A) of this section and any	2433
determinations included in the order shall remain in effect for	2434
the period of time specified in section 2950.07 of the Revised	2435
Code, subject to a modification or termination of the order under	2436
section 2152.84 or 2152.85 of the Revised Code, and section	2437
2152.851 of the Revised Code applies regarding the order and the	2438
determinations. If an order is issued under division (A) of this	2439
section, the child's attainment of eighteen or twenty-one years of	2440
age does not affect or terminate the order, and the order remains	2441
in effect for the period of time described in this division.	2442

(D) A court that adjudicates a child a delinquent child for a	2443
sexually oriented offense that is a registration-exempt sexually	2444
oriented offense shall not issue based on that adjudication an	2445
order under this section that classifies the child a juvenile	2446
offender registrant and specifies that the child has a duty to	2447
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2448
the Revised Code.If a court issues an order under division (A) of	2449
this section before January 1, 2008, not later than February 1,	2450
2008, the court shall terminate the order and issue a new order	2451
that reclassifies the child as both a juvenile offender registrant	2452
and a public registry-qualified juvenile offender registrant	2453
pursuant to section 2152.86 of the Revised Code if the court	2454
imposed on the child a serious youthful offender dispositional	2455
sentence under section 2152.13 of the Revised Code and if the act	2456
that was the basis of the classification of the delinquent child	2457
as a juvenile offender registrant and is the basis of the serious	2458
youthful offender dispositional sentence is any of the following:	2459

(1) Committing, attempting to commit, conspiring to commit,	2460
or complicity in committing a violation of section 2907.02 of the	2461
Revised Code, division (B) of section 2907.05 of the Revised Code,	2462
or section 2907.03 of the Revised Code if the victim of the	2463
violation was less than twelve years of age;	2464

(2) Committing, attempting to commit, conspiring to commit,	2465
or complicity in committing a violation of section 2903.01,	2466
2903.02, or 2905.01 of the Revised Code that was committed with a	2467
purpose to gratify the sexual needs or desires of the child.	2468

Sec. 2152.83. (A)(1) The court that adjudicates a child a	2469
delinquent child shall issue as part of the dispositional order	2470
or, if the court commits the child for the delinquent act to the	2471
custody of a secure facility, shall issue at the time of the	2472
child's release from the secure facility, an order that classifies	2473
the child a juvenile offender registrant and specifies that the	2474
child has a duty to comply with sections 2950.04, 2950.041,	2475
2950.05, and 2950.06 of the Revised Code if all of the following	2476
apply:	2477

(a) The act for which the child is or was adjudicated a	2478
delinquent child is a sexually oriented offense that is not a	2479
registration-exempt sexually oriented offense or is a child-victim	2480
oriented offense that the child committed on or after January 1,	2481
2002.	2482

(b) The child was sixteen or seventeen years of age at the	2483
time of committing the offense.	2484

(c) The court was not required to classify the child a	2485
juvenile offender registrant under section 2152.82 of the Revised	2486
Code or as both a juvenile offender registrant and a public	2487
registry-qualified juvenile offender registrant under section	2488
2152.86 of the Revised Code.	2489

(2) Prior to issuing the order required by division (A)(2) of	2490
this section, the judge shall conduct the hearing and make the	2491
determinations required by division (B) of section 2950.09 of the	2492
Revised Code regarding a sexually oriented offense that is not a	2493
registration-exempt sexually oriented offense or division (B) of	2494
section 2950.091 of the Revised Code regarding a child-victim	2495
oriented offense to determine if the child is to be classified a	2496
sexual predator or a child-victim predator, shall make the	2497
determinations required by division (E) of section 2950.09 of the	2498
Revised Code regarding a sexually oriented offense that is not a	2499
registration-exempt sexually oriented offense or division (E) of	2500
section 2950.091 of the Revised Code regarding a child-victim	2501
oriented offense to determine if the child is to be classified a	2502
habitual sex offender or a habitual child-victim offender, and	2503
shall otherwise comply with those divisionsa hearing under	2504
section 2152.831 of the Revised Code, except as otherwise provided	2505
in that section, to determine whether the child is a tier I sex	2506
offender/child-victim offender, a tier II sex	2507
offender/child-victim offender, or a tier III sex	2508
offender/child-victim offender. When a judge issues an order under	2509
division (A)(1) of this section, the judge shall include in the	2510
order all of the determinations and information identified in	2511
division (B)(1)(5) of section 2152.82 of the Revised Code that are	2512
relevant.	2513

(B)(1) The court that adjudicates a child a delinquent child,	2514
on the judge's own motion, may conduct at the time of disposition	2515
of the child or, if the court commits the child for the delinquent	2516
act to the custody of a secure facility, may conduct at the time	2517
of the child's release from the secure facility, a hearing for the	2518
purposes described in division (B)(2) of this section if all of	2519
the following apply:	2520

(a) The act for which the child is adjudicated a delinquent	2521
child is a sexually oriented offense that is not a	2522
registration-exempt sexually oriented offense or is a child-victim	2523
oriented offense that the child committed on or after January 1,	2524
2002.	2525

(b) The child was fourteen or fifteen years of age at the	2526
time of committing the offense.	2527

(c) The court was not required to classify the child a	2528
juvenile offender registrant under section 2152.82 of the Revised	2529
Code or as both a juvenile offender registrant and a public	2530
registry-qualified juvenile offender registrant under section	2531
2152.86 of the Revised Code.	2532

(2) A judge shall conduct a hearing under division (B)(1) of	2533
this section to review the effectiveness of the disposition made	2534
of the child and of any treatment provided for the child placed in	2535
a secure setting and to determine whether the child should be	2536
classified a juvenile offender registrant. The judge may conduct	2537
the hearing on the judge's own initiative or based upon a	2538
recommendation of an officer or employee of the department of	2539
youth services, a probation officer, an employee of the court, or	2540
a prosecutor or law enforcement officer. If the judge conducts the	2541
hearing, upon completion of the hearing, the judge, in the judge's	2542
discretion and after consideration of the factors listed in	2543
division (E) of this section, shall do either of the following:	2544

(a) Decline to issue an order that classifies the child a	2545
juvenile offender registrant and specifies that the child has a	2546
duty to comply with sections 2950.04, 2950.041, 2950.05, and	2547
2950.06 of the Revised Code;	2548

(b) Issue an order that classifies the child a juvenile	2549
offender registrant and specifies that the child has a duty to	2550
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2551
the Revised Code and, if the judge conducts a hearing as described	2552
in division (C) of this section to determine whether the child is	2553
a sexual predator or child-victim predator or a habitual sex	2554
offender or habitual child-victim offender, include in the order a	2555
statement that the judge has determined that the child is, or is	2556
not, a sexual predator, child-victim predator, habitual sex	2557
offender, or habitual child-victim offender, whichever is	2558
applicablethat states the determination that the judge makes at	2559
the hearing held pursuant to section 2152.831 of the Revised Code	2560
as to whether the child is a tier I sex offender/child-victim	2561
offender, a tier II sex offender/child-victim offender, or a tier	2562
III sex offender/child-victim offender.	2563

(C) A judge may issue(1) Prior to issuing an order under	2564
division (B)(2)(b) of this section that contains a determination	2565
that a delinquent child is a sexual predator or child-victim	2566
predator only if the judge, in accordance with the procedures	2567
specified in division (B) of section 2950.09 of the Revised Code	2568
regarding sexual predators or division (B) of section 2950.091 of	2569
the Revised Code regarding child-victim predators, determines at	2570
the hearing by clear and convincing evidence that the child is a	2571
sexual predator or a child-victim predator. A judge may issue an	2572
order under division (B) of this section that contains a	2573
determination that a delinquent child is a habitual sex offender	2574
or a habitual child-victim offender only if the judge at the	2575
hearing determines as described in division (E) of section 2950.09	2576
of the Revised Code regarding habitual sex offenders or division	2577
(E) of section 2950.091 of the Revised Code regarding habitual	2578
child-victim offenders that the child is a habitual sex offender	2579
or a habitual child-victim offender. If the judge issues an order	2580
under division (B) of this section that contains a determination	2581
that a delinquent child is a habitual sex offender or a habitual	2582
child-victim offender, the judge may impose a requirement	2583
subjecting the child to community notification provisions as	2584
described in division (E) of section 2950.09 or 2950.091 of the	2585
Revised Code, whichever is applicable. If the court conducts a	2586
hearing as described in this division to determine whether the	2587
child is a sexual predator or child-victim predator or a habitual	2588
sex offender or habitual child-victim offender, the judge shall	2589
comply with division (B) or (E) of section 2950.09 or 2950.091 of	2590
the Revised Code, whichever is applicable, in all regards, the	2591
judge shall conduct a hearing under section 2152.831 of the	2592
Revised Code to determine whether the child is a tier I sex	2593
offender/child-victim offender, a tier II sex	2594
offender/child-victim offender, or a tier III sex	2595
offender/child-victim offender. The judge may hold the hearing at	2596
the same time as the hearing under division (B) of this section.	2597

(2) If a judge issues an order under division (A) or (B) of	2598
this section and the court determines that the delinquent child to	2599
whom the order applies is a tier III sex offender/child-victim	2600
offender and the child is not a public registry-qualified juvenile	2601
offender registrant, the judge may impose a requirement subjecting	2602
the child to the victim and community notification provisions of	2603
sections 2950.10 and 2950.11 of the Revised Code. If the judge	2604
imposes a requirement subjecting the child to the victim and	2605
community notification provisions of sections 2950.10 and 2950.11	2606
of the Revised Code, the judge shall include the requirement in	2607
the order.	2608

(D)(3) If a judge issues an order under division (A) or (B)	2609
of this section, the judge shall provide to the delinquent child	2610
and to the delinquent child's parent, guardian, or custodian a	2611
copy of the order and a notice containing the information	2612
described in divisions (A) and (B) of section 2950.03 of the	2613
Revised Code. The judge shall provide the notice at the time of	2614
the issuance of the order and shall comply with divisions (B) and	2615
(C) of that section regarding that notice and the provision of	2616
it.	2617

The judge also shall include in the order a statement that,	2618
upon completion of the disposition of the delinquent child that	2619
was made for the sexually oriented offense or child-victim	2620
oriented offense upon which the order is based, a hearing will be	2621
conducted and the order is subject to modification or termination	2622
pursuant to section 2152.84 of the Revised Code.	2623

(E)(D) In making a decision under division (B) of this	2624
section as to whether a delinquent child should be classified a	2625
juvenile offender registrant and, if so, whether the child also is	2626
a sexual predator or child-victim predator or a habitual sex	2627
offender or habitual child-victim offender, a judge shall consider	2628
all relevant factors, including, but not limited to, all of the	2629
following:	2630

(1) The nature of the sexually oriented offense that is not a	2631
registration-exempt sexually oriented offense or the child-victim	2632
oriented offense committed by the child;	2633

(2) Whether the child has shown any genuine remorse or	2634
compunction for the offense;	2635

(3) The public interest and safety;

2636

(4) The factors set forth in division (B)(3)(K) of section	2637
2950.09 or 2950.0912950.11 of the Revised Code, whichever is	2638
applicable;provided that references in the factors as set forth	2639
in that division to "the offender" shall be construed for purposes	2640
of this division to be references to "the delinquent child;"	2641

(5) The factors set forth in divisions (B) and (C) of section	2642
2929.12 of the Revised Code as those factors apply regarding the	2643
delinquent child, the offense, and the victim;	2644

(6) The results of any treatment provided to the child and of	2645
any follow-up professional assessment of the child.	2646

(F)(E) An order issued under division (A) or (B) of this	2647
section and any determinations included in the order shall remain	2648
in effect for the period of time specified in section 2950.07 of	2649
the Revised Code, subject to a modification or termination of the	2650
order under section 2152.84 of the Revised Code, and section	2651
2152.851 of the Revised Code applies regarding the order and the	2652
determinations. The child's attainment of eighteen or twenty-one	2653
years of age does not affect or terminate the order, and the order	2654
remains in effect for the period of time described in this	2655
division.	2656

(G) A court that adjudicates a child a delinquent child for a	2657
sexually oriented offense that is a registration-exempt sexually	2658
oriented offense shall not issue based on that adjudication an	2659
order under this section that classifies the child a juvenile	2660
offender registrant and specifies that the child has a duty to	2661
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2662
the Revised Code.	2663

(H)(F) If a court issues an order under division (A) or (B)	2664
of this section before January 1, 2008, not later than February 1,	2665
2008, the court shall terminate the order and issue a new order	2666
that reclassifies the child as both a juvenile offender registrant	2667
and a public registry-qualified juvenile offender registrant	2668
pursuant to section 2152.86 of the Revised Code if the court	2669
imposed on the child a serious youthful offender dispositional	2670
sentence under section 2152.13 of the Revised Code and if the act	2671
that was the basis of the classification of the delinquent child	2672
as a juvenile offender registrant and is the basis of the serious	2673
youthful offender dispositional sentence is any of the following:	2674

(1) Committing, attempting to commit, conspiring to commit,	2675
or complicity in committing a violation of section 2907.02 of the	2676
Revised Code, division (B) of section 2907.05 of the Revised Code,	2677
or section 2907.03 of the Revised Code if the victim of the	2678
violation was less than twelve years of age;	2679

(2) Committing, attempting to commit, conspiring to commit,	2680
or complicity in committing a violation of section 2903.01,	2681
2903.02, or 2905.01 of the Revised Code that was committed with a	2682
purpose to gratify the sexual needs or desires of the child.	2683

(G) As used in thethis section, "secure facility" has the	2684
same meaning as in section 2950.01 of the Revised Code.	2685

Sec. 2152.831.  (A) If, on or after January 1, 2008, a	2686
juvenile court adjudicates a child a delinquent child and	2687
classifies the child a juvenile offender registrant pursuant to	2688
section 2152.82 or 2152.83 of the Revised Code, before issuing the	2689
order that classifies the child a juvenile offender registrant the	2690
court shall conduct a hearing to determine whether to classify	2691
the child a tier I sex offender/child-victim offender, a tier II	2692
sex offender/child-victim offender, or a tier III sex offender/	2693
child-victim offender.	2694

(B) When a judge issues an order under section 2152.82 or	2695
2152.83 of the Revised Code that classifies a delinquent child a	2696
juvenile offender registrant, in addition to the other statements	2697
and information required by the section under which the order is	2698
issued, the judge shall include in the order its determination	2699
made under division (A) of this section as to whether the child is	2700
a tier I sex offender/child-victim offender, a tier II sex	2701
offender/child-victim offender, or a tier III sex	2702
offender/child-victim offender. When a judge issues an order under	2703
section 2152.84 or 2152.85 of the Revised Code that reclassifies a	2704
delinquent child from one tier of sex offender/child-victim	2705
offender to a different tier of sex offender/child-victim	2706
offender, in addition to the other statements and information	2707
required by the section under which the order is issued, the judge	2708
shall include in the order its determination as to the	2709
reclassification of the child and the tier to which the child is	2710
reclassified.	2711

(C) The provisions of this section do not apply to a	2712
delinquent child if the court is required to classify the child as	2713
both a juvenile offender registrant and a public	2714
registry-qualified juvenile offender registrant pursuant to	2715
section 2152.86 of the Revised Code.	2716

Sec. 2152.84.  (A)(1) When a juvenile court judge issues an	2717
order under section 2152.82 or division (A) or (B) of section	2718
2152.83 of the Revised Code that classifies a delinquent child a	2719
juvenile offender registrant and specifies that the child has a	2720
duty to comply with sections 2950.04, 2950.041, 2950.05, and	2721
2950.06 of the Revised Code, upon completion of the disposition of	2722
that child made for the sexually oriented offense that is not a	2723
registration-exempt sexually oriented offense or the child-victim	2724
oriented offense on which the juvenile offender registrant order	2725
was based, the judge or the judge's successor in office shall	2726
conduct a hearing to review the effectiveness of the disposition	2727
and of any treatment provided for the child, to determine the	2728
risks that the child might re-offend, and to determine whether the	2729
prior classification of the child as a juvenile offender	2730
registrant and, if applicable, as a sexual predator or	2731
child-victim predator or as a habitual sex offender or habitual	2732
child-victim offender should be continued, modified, or terminated	2733
as provided under division (A)(2) of this section, and to	2734
determine whether its prior determination made at the hearing	2735
held pursuant to section 2152.831 of the Revised Code as to	2736
whether the child is a tier I sex offender/child-victim offender,	2737
a tier II sex offender/child-victim offender, or a tier III sex	2738
offender/child-victim offender should be continued or modified as	2739
provided under division (A)(2) of this section.	2740

(2) Upon completion of a hearing under division (A)(1) of	2741
this section, the judge, in the judge's discretion and after	2742
consideration of all relevant factors, including but not limited	2743
to, the factors listed in division (E)(D) of section 2152.83 of	2744
the Revised Code, shall do one of the following, as applicable:	2745

(a) Enter an order that continues the classification of the	2746
delinquent child as a juvenile offender registrant made in the	2747
prior order issued under section 2152.82 or division (A) or (B) of	2748
section 2152.83 of the Revised Code, and any sexual predator,	2749
child-victim predator, habitual sex offender, or habitual	2750
child-victim offenderthe prior determination included in the	2751
order that the child is a tier I sex offender/child-victim	2752
offender, a tier II sex offender/child-victim offender, or a tier	2753
III sex offender/child-victim offender, whichever is applicable;	2754

(b) If the prior order was issued under section 2152.82 or	2755
division (A) of section 2152.83 of the Revised Code and includes a	2756
determination by the judge that the delinquent child is a sexual	2757
predator or child-victim predator, enter, as applicable, an order	2758
that contains a determination that the child no longer is a sexual	2759
predator, the reason or reasons for that determination, and either	2760
a determination that the child is a habitual sex offender or a	2761
determination that the child remains a juvenile offender	2762
registrant but is not a sexual predator or habitual sex offender,	2763
or an order that contains a determination that the child no longer	2764
is a child-victim predator, the reason or reasons for that	2765
determination, and either a determination that the child is a	2766
habitual child-victim offender or a determination that the child	2767
remains a juvenile offender registrant but is not a child-victim	2768
predator or habitual child-victim offender;	2769

(c) If the prior order was issued under section 2152.82 or	2770
division (A) of section 2152.83 of the Revised Code and does not	2771
include a sexual predator or child-victim predator determination	2772
as described in division (A)(2)(b) of this section but includes a	2773
determination by the judge that the delinquent child is a habitual	2774
sex offender or a habitual child-victim offender, enter, as	2775
applicable, an order that contains a determination that the child	2776
no longer is a habitual sex offender and a determination that the	2777
child remains a juvenile sex offender registrant but is not a	2778
habitual offender, or an order that contains a determination that	2779
the child no longer is a habitual child-victim offender and a	2780
determination that the child remains a juvenile offender	2781
registrant but is not a habitual child-victim offender;	2782

(d) If the prior order was issued under division (B) of	2783
section 2152.83 of the Revised Code and includes a determination	2784
by the judge that the delinquent child is a sexual predator or	2785
child-victim predator, enter, as applicable, an order that	2786
contains a determination that the child no longer is a sexual	2787
predator, the reason or reasons for that determination, and either	2788
a determination that the child is a habitual sex offender, a	2789
determination that the child remains a juvenile offender	2790
registrant but is not a sexual predator or habitual sex offender,	2791
or a determination that the child no longer is a juvenile offender	2792
registrant and no longer has a duty to comply with sections	2793
2950.04, 2950.05, and 2950.06 of the Revised Code, or an order	2794
that contains a determination that the child no longer is a	2795
child-victim predator, the reason or reasons for that	2796
determination, and either a determination that the child is a	2797
habitual child-victim offender, a determination that the child	2798
remains a juvenile offender registrant but is not a child-victim	2799
predator or habitual child-victim offender, or a determination	2800
that the child no longer is a juvenile offender registrant and no	2801
longer has a duty to comply with sections 2950.041, 2950.05, and	2802
2950.06 of the Revised Code;	2803

(e) If the prior order was issued under division (B) of	2804
section 2152.83 of the Revised Code and does not include a sexual	2805
predator or child-victim predator determination as described in	2806
division (A)(2)(d) of this section but includes a determination by	2807
the judge that the delinquent child is a habitual sex offender or	2808
habitual child-victim offender, enter, as applicable, an order	2809
that contains a determination that the child no longer is a	2810
habitual sex offender and either a determination that the child	2811
remains a juvenile offender registrant but is not a sexual	2812
predator or habitual sex offender or a determination that the	2813
child no longer is a juvenile offender registrant and no longer	2814
has a duty to comply with sections 2950.04, 2950.05, and 2950.06	2815
of the Revised Code, or an order that contains a determination	2816
that the child no longer is a habitual child-victim offender and	2817
either a determination that the child remains a juvenile offender	2818
registrant but is not a child-victim predator or habitual	2819
child-victim offender or a determination that the child no longer	2820
is a juvenile offender registrant and no longer has a duty to	2821
comply with sections 2950.041, 2950.05, and 2950.06 of the Revised	2822
Code;	2823

(f) If the prior order was issued under division (B) of	2824
section 2152.83 of the Revised Code and does not include a sexual	2825
predator or child-victim predator determination or a habitual sex	2826
offender or habitual child-victim offender determination as	2827
described in divisions (A)(2)(d) and (e) of this section, enter,	2828
as applicable, enter an order that contains a determination that	2829
the delinquent child no longer is a juvenile offender registrant	2830
and no longer has a duty to comply with sections 2950.04,	2831
2950.041, 2950.05, and 2950.06 of the Revised Code, or an order	2832
that contains a determination that the delinquent child no longer	2833
is a juvenile offender registrant and no longer has a duty to	2834
comply with sections 2950.041, 2950.05, and 2950.06 of the Revised	2835
Code. An order issued under division (A)(2)(b) of this section	2836
also terminates all prior determinations that the child is a tier	2837
I sex offender/child-victim offender, a tier II sex	2838
offender/child-victim offender, or a tier III sex	2839
offender/child-victim offender, whichever is applicable. Division	2840
(A)(2)(b) of this section does not apply to a prior order issued	2841
under section 2152.82 or division (A) of section 2152.83 of the	2842
Revised Code.	2843

(c) If the prior order was issued under section 2152.82 or	2844
division (A) or (B) of section 2152.83 of the Revised Code, enter	2845
an order that continues the classification of the delinquent child	2846
as a juvenile offender registrant made in the prior order issued	2847
under section 2152.82 or division (A) or (B) of section 2152.83 of	2848
the Revised Code, and that modifies the prior determination made	2849
at the hearing held pursuant to section 2152.831 of the Revised	2850
Code that the child is a tier I sex offender/child-victim	2851
offender, a tier II sex offender/child-victim offender, or a tier	2852
III sex offender/child-victim offender, whichever is applicable.	2853
An order issued under division (A)(2)(c) of this section shall not	2854
include a determination that increases to a higher tier the tier	2855
classification of the delinquent child. An order issued under	2856
division (A)(2)(c) of this section shall specify the new	2857
determination made by the court at a hearing held pursuant to	2858
division (A)(1) of this section as to whether the child is a tier	2859
I sex offender/child-victim offender, a tier II sex	2860
offender/child-victim offender, or a tier III sex	2861
offender/child-victim offender, whichever is applicable.	2862

(B)(1) If a judge issues an order under division (A)(2)(a) of	2863
this section that continues the prior classification of the	2864
delinquent child as a juvenile offender registrant and any sexual	2865
predator or habitual sex offenderthe prior determination included	2866
in the order, or that continues the prior classification of the	2867
delinquent child as a juvenile offender registrant and any	2868
child-victim predator or habitual child-victim offender	2869
determination included in the orderthat the child is a tier I sex	2870
offender/child-victim offender, a tier II sex	2871
offender/child-victim offender, or a tier III sex	2872
offender/child-victim offender, whichever is applicable, the prior	2873
classification and the prior determination, if applicable, shall	2874
remain in effect.	2875

(2) A judge may issue an order under division (A)(2)(c) of	2876
this section that contains a determination that reclassifies a	2877
child no longer is a sexual predator or no longer is a	2878
child-victim predator only if the judge, in accordance with the	2879
procedures specified in division (D)(1) of section 2950.09 of the	2880
Revised Code regarding a sexual predator, determines at the	2881
hearing by clear and convincing evidence that the delinquent child	2882
is unlikely to commit a sexually oriented offense in the future,	2883
or the judge, in accordance with the procedures specified in	2884
division (D)(1) of section 2950.091 of the Revised Code regarding	2885
a child-victim predator, determines at the hearing by clear and	2886
convincing evidence that the delinquent child is unlikely to	2887
commit a child-victim oriented offense in the future. If the judge	2888
issues an order of that type, the judge shall provide the	2889
notifications described in division (D)(1) of section 2950.09 or	2890
2950.091 of the Revised Code, whichever is applicable, and the	2891
recipient of the notification shall comply with the provisions of	2892
that divisionfrom a tier III sex offender/child-victim offender	2893
classification to a tier II sex offender/child-victim offender	2894
classification or to a tier I sex offender/child-victim offender	2895
classification.	2896

A judge may issue an order under division (A)(2)(c) of this	2897
section that contains a determination that reclassifies a child	2898
from a tier II sex offender/child-victim offender classification.	2899
A judge may not issue an order under that division that contains	2900
a determination that reclassifies a child from a tier II sex	2901
offender/child-victim offender classification to a tier III sex	2902
offender/child-victim offender classification.	2903

A judge may not issue an order under division (A)(2)(c) of	2904
this section that contains a determination that reclassifies a	2905
child from a tier I sex offender/child-victim offender	2906
classification to a tier II sex offender/child-victim offender	2907
classification or to a tier III sex offender/child-victim offender	2908
classification.	2909

If a judge issues an order under this division that contains	2910
a determination that reclassifies a child, the judge shall provide	2911
a copy of the order to the delinquent child and the bureau of	2912
criminal identification and investigation, and the bureau, upon	2913
receipt of the copy of the order, promptly shall notify the	2914
sheriff with whom the child most recently registered under section	2915
2950.04 or 2950.041 of the Revised Code of the determination and	2916
reclassification.	2917

(3) If a judge issues an order under division (A)(2)(b) of	2918
this section that otherwise reclassifiesdeclassifies the	2919
delinquent child as a juvenile offender registrant, the judge	2920
shall provide a copy of the order to the bureau of criminal	2921
identification and investigation, and the bureau, upon receipt of	2922
the copy of the order, promptly shall notify the sheriff with whom	2923
the child most recently registered under section 2950.04 or	2924
2950.041 of the Revised Code of the reclassification	2925
declassification.	2926

(C) If a judge issues an order under any provision of	2927
division (A)(2)(a), (b), or (c) of this section, the judge shall	2928
provide to the delinquent child and to the delinquent child's	2929
parent, guardian, or custodian a copy of the order and, if	2930
applicable, a notice containing the information described in	2931
divisions (A) and (B) of section 2950.03 of the Revised Code. The	2932
judge shall provide the notice at the time of the issuance of the	2933
order and shall comply with divisions (B) and (C) of that section	2934
regarding that notice and the provision of it.	2935

(D) In making a decision under division (A) of this section,	2936
a judge shall consider all relevant factors, including, but not	2937
limited to, the factors listed in division (E) of section 2152.83	2938
of the Revised Code.	2939

(E) An order issued under division (A)(2)(a) or (c) of this	2940
section and any determinations included in the order shall remain	2941
in effect for the period of time specified in section 2950.07 of	2942
the Revised Code, subject to a modification or termination of the	2943
order under section 2152.85 of the Revised Code, and section	2944
2152.851 of the Revised Code applies regarding the order and the	2945
determinations. If an order is issued under division (A)(2)(a) or	2946
(c) of this section, the child's attainment of eighteen or	2947
twenty-one years of age does not affect or terminate the order,	2948
and the order remains in effect for the period of time described	2949
in this division.	2950

(E) The provisions of this section do not apply to a	2951
delinquent child who is classified as both a juvenile offender	2952
registrant and a public registry-qualified juvenile offender	2953
registrant pursuant to section 2152.86 of the Revised Code.	2954

Sec. 2152.85. (A) UponRegardless of when the delinquent	2955
child was classified a juvenile offender registrant, upon the	2956
expiration of the applicable period of time specified in division	2957
(B)(1) or, (2), or (3) of this section, a delinquent child who	2958
has been classified pursuant to this section or section 2152.82	2959
or 2152.83 of the Revised Code a juvenile offender registrant	2960
may petition the judge who made the classification, or that	2961
judge's successor in office, to do one of the following:	2962

(1) If the order containing the juvenile offender registrant	2963
classification also includes a determination by the juvenile court	2964
judge that the delinquent child is a sexual predator or	2965
child-victim predator in the manner described in section 2152.82	2966
or 2152.83 of the Revised Code and that determination remains in	2967
effect, to enter, as applicable, an order that contains a	2968
determination that the child no longer is a sexual predator, the	2969
reason or reasons for that determination, and either a	2970
determination that the child is a habitual sex offender or a	2971
determination that the child remains a juvenile offender	2972
registrant but is not a sexual predator or habitual sex offender,	2973
or an order that contains a determination that the child no longer	2974
is a child-victim predator, the reason or reasons for that	2975
determination, and either a determination that the child is a	2976
habitual child-victim offender or a determination that the child	2977
remains a juvenile offender registrant but is not a child-victim	2978
predator or habitual child-victim offendertier III sex	2979
offender/child-victim offender, to enter, as applicable, an order	2980
that contains a determination that reclassifies the child as	2981
either a tier II sex offender/child-victim offender or a tier I	2982
sex offender/child-victim offender, the reason or reasons for that	2983
reclassification, and a determination that the child remains a	2984
juvenile offender registrant, or an order that contains a	2985
determination that the child no longer is a juvenile offender	2986
registrant and no longer has a duty to comply with sections	2987
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;	2988

(2) If the order containing the juvenile offender registrant	2989
classification under section 2152.82 or 2152.83 of the Revised	2990
Code or under division (C)(2) of this section pursuant to a	2991
petition filed under division (A) of this section does not include	2992
a sexual predator or child-victim predator determination as	2993
described in division (A)(1) of this section but includes a	2994
determination by the juvenile court judge that the delinquent	2995
child is a habitual sex offender or a habitual child-victim	2996
offender in the manner described in section 2152.82 or 2152.83 of	2997
the Revised Code, or in this section, and that determination	2998
remains in effect, to enter, as applicable, an order that contains	2999
a determination that the child no longer is a habitual sex	3000
offender and either a determination that the child remains a	3001
juvenile offender registrant or a determination that the child no	3002
longer is a juvenile offender registrant and no longer has a duty	3003
to comply with sections 2950.04, 2950.05, and 2950.06 of the	3004
Revised Code, or an order that contains a determination that the	3005
child no longer is a habitual child-victim offender and either a	3006
determination that the child remains a juvenile offender	3007
registrant oralso includes a determination by the juvenile court	3008
judge that the delinquent child is a tier II sex	3009
offender/child-victim offender, to enter, as applicable, an order	3010
that contains a determination that reclassifies the child as a	3011
tier I sex offender/child-victim offender, the reason or reasons	3012
for that reclassification, and a determination that the child	3013
remains a juvenile offender registrant, or an order that contains	3014
a determination that the child no longer is a juvenile offender	3015
registrant and no longer has a duty to comply with sections	3016
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;	3017

(3) If the order containing the juvenile offender registrant	3018
classification under section 2152.82 or 2152.83 of the Revised	3019
Code or under division (C)(2) of this section pursuant to a	3020
petition filed under division (A) of this section does not include	3021
a sexual predator or child-victim predator determination or a	3022
habitual sex offender or habitual child-victim offender	3023
determination as described in division (A)(1) or (2) of this	3024
sectionalso includes a determination by the juvenile court judge	3025
that the delinquent child is a tier I sex offender/child-victim	3026
offender, to enter, as applicable, an order that contains a	3027
determination that the child no longer is a juvenile offender	3028
registrant and no longer has a duty to comply with sections	3029
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, or an	3030
order that contains a determination that the child no longer is a	3031
juvenile offender registrant and no longer has a duty to comply	3032
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code.	3033

(B) A delinquent child who has been adjudicated a delinquent	3034
child for committing on or after January 1, 2002, a sexually	3035
oriented offense that is not a registration-exempt sexuallyor a	3036
child-victim oriented offense and who has been classified a	3037
juvenile offender registrant relative to that offense or who has	3038
been adjudicated a delinquent child for committing on or after	3039
that date a child-victim oriented offense and who has been	3040
classified a juvenile offender registrant relative to that	3041
offense may file a petition under division (A) of this section	3042
requesting reclassification or declassification as described in	3043
that division after the expiration of one of the following periods	3044
of time:	3045

(1) The delinquent child initially may file a petition not	3046
earlier than three years after the entry of the juvenile court	3047
judge's order after the mandatory hearing conducted under section	3048
2152.84 of the Revised Code.	3049

(2) After the delinquent child's initial filing of a petition	3050
under division (B)(1) of this section, the child may file a second	3051
petition not earlier than three years after the judge has entered	3052
an order deciding the petition under division (B)(1) of this	3053
section.	3054

(3) After the delinquent child's filing of a petition under	3055
division (B)(2) of this section, thereafter, the delinquent child	3056
may file a petition under this division upon the expiration of	3057
five years after the judge has entered an order deciding the	3058
petition under division (B)(2) of this section or the most recent	3059
petition the delinquent child has filed under this division.	3060

(C) Upon the filing of a petition under divisionsdivision	3061
(A) and (B) of this section, the judge may review the prior	3062
classification or determination in question and, upon	3063
consideration of all relevant factors and information, including,	3064
but not limited to the factors listed in division (E)(D) of	3065
section 2152.83 of the Revised Code, the judge, in the judge's	3066
discretion, shall do one of the following:	3067

(1) Enter an order denying the petition;

3068

(2) Issue an order that reclassifies or declassifies the	3069
delinquent child, in the requested manner specified in division	3070
(A)(1), (2), or (3) of this section.	3071

(D) If a judge issues an order under division (C)(1) of this	3072
section that denies a petition, the prior classification of the	3073
delinquent child as a juvenile offender registrant, and the prior	3074
determination that the child is a sexual predator, child-victim	3075
predator, habitual sex offender, or habitual child-victim	3076
offender, iftier I sex offender/child-victim offender, a tier II	3077
sex offender/child-victim offender, or a tier III sex	3078
offender/child-victim offender, whichever is applicable, shall	3079
remain in effect.	3080

A judge may issue an order under division (C)(2) of this	3081
section that contains a determination that a child no longer is a	3082
sexual predator or no longer is a child-victim predator only if	3083
the judge conducts a hearing and, in accordance with the	3084
procedures specified in division (D)(1) of section 2950.09 of the	3085
Revised Code regarding a sexual predator, determines at the	3086
hearing by clear and convincing evidence that the delinquent child	3087
is unlikely to commit a sexually oriented offense in the future,	3088
or, in accordance with the procedures specified in division (D)(1)	3089
of section 2950.091 of the Revised Code regarding a child-victim	3090
predator, determines at the hearing by clear and convincing	3091
evidence that the delinquent child is unlikely to commit a	3092
child-victim oriented offense in the future. If the judge issues	3093
an order of that type, the judge shall provide the notifications	3094
described in division (D)(1) of section 2950.09 or 2950.091 of the	3095
Revised Code, whichever is applicable, and the recipient of the	3096
notification shall comply with the provisions of that division	3097
reclassifies a child from a tier III sex offender/child-victim	3098
offender classification to a tier II sex offender/child-victim	3099
offender classification or to a tier I sex offender/child-victim	3100
offender classification.	3101

A judge may issue an order under division (C)(2) of this	3102
section that contains a determination that reclassifies a child	3103
from a tier II sex offender/child-victim offender classification	3104
to a tier I sex offender/child-victim offender classification.	3105

If a judge issues an order under this division that contains	3106
a determination that reclassifies a child, the judge shall provide	3107
a copy of the order to the delinquent child and the bureau of	3108
criminal identification and investigation, and the bureau, upon	3109
receipt of the copy of the order, promptly shall notify the	3110
sheriff with whom the child most recently registered under section	3111
2950.04 or 2950.041 of the Revised Code of the determination and	3112
reclassification.	3113

A judge may issue an order under division (C) of this section	3114
that contains a determination that a delinquent child is a	3115
habitual sex offender or a habitual child-victim offender only if	3116
the judge conducts a hearing and determines at the hearing as	3117
described in division (E) of section 2950.09 of the Revised Code	3118
regarding habitual sex offenders or division (E) of section	3119
2950.091 of the Revised Code regarding habitual child-victim	3120
offenders that the child is a habitual sex offender or a habitual	3121
child-victim offender. If the judge issues an order that contains	3122
a determination that a delinquent child is a habitual sex offender	3123
or a habitual child-victim offender, the judge may impose a	3124
requirement subjecting the child to community notification	3125
provisions as described in that division.	3126

If a judge issues an order under division (C)(2) of this	3127
section that declassifies the delinquent child, the order also	3128
terminates all prior determinations that the child is a tier I sex	3129
offender/child-victim offender, a tier II sex	3130
offender/child-victim offender, or a tier III sex	3131
offender/child-victim offender, whichever is applicable. If a	3132
judge issues an order under division (C)(2) of this section that	3133
declassifies the delinquent child, the judge shall provide a copy	3134
of the order to the bureau of criminal identification and	3135
investigation, and the bureau, upon receipt of a copy of the	3136
order, promptly shall notify the sheriff with whom the child most	3137
recently registered under section 2950.04 or 2950.041 of the	3138
Revised Code of the declassification.	3139

(E) If a judge issues an order under division (C)(1) or (2)	3140
of this section, the judge shall provide to the delinquent child	3141
and to the delinquent child's parent, guardian, or custodian a	3142
copy of the order and, if applicable, a notice containing the	3143
information described in divisions (A) and (B) of section 2950.03	3144
of the Revised Code. The judge shall provide the notice at the	3145
time of the issuance of the order and shall comply with divisions	3146
(B) and (C) of that section regarding that notice and the	3147
provision of it.	3148

(F) An order issued under division (C) of this section shall	3149
remain in effect for the period of time specified in section	3150
2950.07 of the Revised Code, subject to a further modification or	3151
afuture termination of the order under this section, and section	3152
2152.851 of the Revised Code applies regarding the order and the	3153
determinations. If an order is issued under division (C) of this	3154
section, the child's attainment of eighteen or twenty-one years of	3155
age does not affect or terminate the order, and the order remains	3156
in effect for the period of time described in this division.	3157

(G) The provisions of this section do not apply to a	3158
delinquent child who is classified as both a juvenile offender	3159
registrant and a public registry-qualified juvenile offender	3160
registrant pursuant to section 2152.86 of the Revised Code.	3161

Sec. 2152.851. (A) If, prior to the effective date of this	3162
sectionJanuary 1, 2008, a judge issues an order under section	3163
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that	3164
classifies a delinquent child a juvenile offender registrant based	3165
on an adjudication for a sexually oriented offense or a	3166
child-victim oriented offense as those terms were defined in	3167
section 2950.01 of the Revised Code prior to January 1, 2008, and	3168
if, on and after the effective date of this sectionJanuary 1,	3169
2008, the sexually oriented offense upon which the order was based	3170
no longer is considered a sexually oriented offense but instead is	3171
or a child-victim oriented offense as those terms are defined in	3172
section 2950.01 of the Revised Code on and after January 1, 2008,	3173
notwithstanding the redesignation of the offensechanges to	3174
sections 2152.82, 2152.83, 2152.84, and 2152.85 of the Revised	3175
Code made on January 1, 2008, on and after that date, the order	3176
shall remain in effect for the period described in the section	3177
under which it was issued, the order shall be considered for all	3178
purposes to be an order that classifies the child a juvenile	3179
offender registrant, division (A)(2)(b) of section 2950.041 of the	3180
Revised Code applies regarding the childas that section exists on	3181
and after January 1, 2008, subject to subsequent modification or	3182
termination under section 2152.84, 2152.85, or 2950.15 of the	3183
Revised Code, or, if division (A)(3) of section 2152.86 of the	3184
Revised Code applies regarding the child, for the period described	3185
in division (C) of that section subject to modification or	3186
termination under section 2152.84, 2152.85, or 2950.15 of the	3187
Revised Code, whichever is applicable, and the duty to register	3188
imposed pursuant to that divisioncomply with sections 2950.04,	3189
2950.041, 2950.05, and 2950.06 of the Revised Code on and after	3190
January 1, 2008, shall be considered, for purposes of section	3191
2950.07 of the Revised Code and for all other purposes, to be a	3192
continuation of the duty imposed upon the child prior to the	3193
effective date of this sectionJanuary 1, 2008, under the order	3194
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and	3195
Chapter 2950. of the Revised Code.	3196

(B) If an order of the type described in division (A) of this	3197
section included a classification or determination that the	3198
delinquent child was a sexual predator or habitual sex offender,	3199
notwithstanding the redesignation of the offense upon which the	3200
determination was based, all of the following apply:	3201

(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section	3202
2950.091 of the Revised Code apply regarding the child and the	3203
judge's order made prior to the effective date of this section	3204
shall be considered for all purposes to be an order that	3205
classifies the child as described in those divisions;	3206

(2) The child's classification or determination under	3207
divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 of	3208
the Revised Code shall be considered, for purposes of section	3209
2950.07 of the Revised Code and for all other purposes, to be a	3210
continuation of classification or determination made prior to the	3211
effective date of this section;	3212

(3) The child's duties under Chapter 2950. of the Revised	3213
Code relative to that classification or determination shall be	3214
considered for all purposes to be a continuation of the duties	3215
related to that classification or determination as they existed	3216
prior to the effective date of this section.	3217

Sec. 2152.86.  (A)(1) The court that, on or after January 1,	3218
2008, adjudicates a child a delinquent child for committing an act	3219
shall issue as part of the dispositional order an order that	3220
classifies the child a juvenile offender registrant, specifies	3221
that the child has a duty to comply with sections 2950.04,	3222
2950.041, 2950.05, and 2950.06 of the Revised Code, and	3223
additionally classifies the child a public registry-qualified	3224
juvenile offender registrant if the child was fourteen, fifteen,	3225
sixteen, or seventeen years of age at the time of committing the	3226
act, the court imposed on the child a serious youthful offender	3227
dispositional sentence under section 2152.13 of the Revised Code,	3228
and the child is adjudicated a delinquent child for committing,	3229
attempting to commit, conspiring to commit, or complicity in	3230
committing any of the following acts:	3231

(a) A violation of section 2907.02 of the Revised Code,	3232
division (B) of section 2907.05 of the Revised Code, or section	3233
2907.03 of the Revised Code if the victim of the violation was	3234
less than twelve years of age;	3235

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	3236
the Revised Code that was committed with a purpose to gratify the	3237
sexual needs or desires of the child.	3238

(2) Upon a child's release, on or after January 1, 2008, from	3239
the department of youth services, the court shall issue an order	3240
that classifies the child a juvenile offender registrant,	3241
specifies that the child has a duty to comply with sections	3242
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	3243
additionally classifies the child a public registry-qualified	3244
juvenile offender registrant if all of the following apply:	3245

(a) The child was adjudicated a delinquent child, and a	3246
juvenile court imposed on the child a serious youthful offender	3247
dispositional sentence under section 2152.13 of the Revised Code	3248
for committing one of the acts described in division (A)(1)(a) or	3249
(b) of this section.	3250

(b) The child was fourteen, fifteen, sixteen, or seventeen	3251
years of age at the time of committing the act.	3252

(c) The court did not issue an order classifying the child as	3253
both a juvenile offender registrant and a public	3254
registry-qualified juvenile offender registrant pursuant to	3255
division (A)(1) of this section.	3256

(3) If a court issued an order classifying a child a juvenile	3257
offender registrant pursuant to section 2152.82 or 2152.83 of the	3258
Revised Code prior to January 1, 2008, not later than February 1,	3259
2008, the court shall issue a new order that reclassifies the	3260
child as a juvenile offender registrant, specifies that the child	3261
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and	3262
2950.06 of the Revised Code, and additionally classifies the child	3263
a public registry-qualified juvenile offender registrant if all	3264
of the following apply:	3265

(a) The sexually oriented offense that was the basis of the	3266
previous order that classified the child a juvenile offender	3267
registrant was an act described in division (A)(1)(a) or (b) of	3268
this section.	3269

(b) The child was fourteen, fifteen, sixteen, or seventeen	3270
years of age at the time of committing the act.	3271

(c) The court imposed on the child a serious youthful	3272
offender dispositional sentence under section 2152.13 of the	3273
Revised Code for the act described in division (A)(1)(a) or (b) of	3274
this section.	3275

(B)(1) If an order is issued under division (A)(1), (2), or	3276
(3) of this section, the classification of tier III sex	3277
offender/child-victim offender automatically applies to the	3278
delinquent child based on the sexually oriented offense the child	3279
committed, subject to a possible reclassification pursuant to	3280
division (D) of this section for a child whose delinquent act was	3281
committed prior to January 1, 2008. If an order is issued under	3282
division (A)(2) of this section regarding a child whose delinquent	3283
act described in division (A)(1)(a) or (b) of this section was	3284
committed prior to January 1, 2008, or if an order is issued under	3285
division (A)(3) of this section regarding a delinquent child, the	3286
order shall inform the child and the child's parent, guardian, or	3287
custodian, that the child has a right to a hearing as described in	3288
division (D) of this section and inform the child and the child's	3289
parent, guardian, or custodian of the procedures for requesting	3290
the hearing and the period of time within which the request for	3291
the hearing must be made. Section 2152.831 of the Revised Code	3292
does not apply regarding an order issued under division (A)(1),	3293
(2), or (3) of this section.	3294

(2) The judge that issues an order under division (A)(1),	3295
(2), or (3) of this section shall provide to the delinquent child	3296
who is the subject of the order and to the delinquent child's	3297
parent, guardian, or custodian the notice required under divisions	3298
(A) and (B) of section 2950.03 of the Revised Code and shall	3299
provide as part of that notice a copy of the order required under	3300
division (A)(1), (2), or (3) of this section. The judge shall	3301
include the order in the delinquent child's dispositional order	3302
and shall specify in the dispositional order that the order issued	3303
under division (A)(1), (2), or (3) of this section was made	3304
pursuant to this section.	3305

(C) An order issued under division (A)(1), (2), or (3) of	3306
this section shall remain in effect for the period of time	3307
specified in section 2950.07 of the Revised Code as it exists on	3308
and after January 1, 2008, subject to a judicial termination of	3309
that period of time as provided in section 2950.15 of the Revised	3310
Code, subject to a possible reclassification of the child pursuant	3311
to division (D) of this section if the child's delinquent act was	3312
committed prior to January 1, 2008. If an order is issued under	3313
division (A)(1), (2), or (3) of this section, the child's	3314
attainment of eighteen or twenty-one years of age does not affect	3315
or terminate the order, and the order remains in effect for the	3316
period of time described in this division. If an order is issued	3317
under division (A)(3) of this section, the duty to comply with	3318
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	3319
Code based upon that order shall be considered, for purposes of	3320
section 2950.07 of the Revised Code and for all other purposes, to	3321
be a continuation of the duty to comply with those sections	3322
imposed upon the child prior to January 1, 2008, under the order	3323
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and	3324
Chapter 2950. of the Revised Code.	3325

(D)(1) If an order is issued under division (A)(2) of this	3326
section regarding a delinquent child whose delinquent act	3327
described in division (A)(1)(a) or (b) of this section was	3328
committed prior to January 1, 2008, or if an order is issued under	3329
division (A)(3) of this section regarding a delinquent child,	3330
except as otherwise provided in this division, the child may	3331
request as a matter of right a court hearing to contest the	3332
court's classification in the order of the child as a public	3333
registry-qualified juvenile offender registrant. To request the	3334
hearing, not later than the date that is sixty days after the	3335
delinquent child is provided with the copy of the order, the	3336
delinquent child shall file a petition with the juvenile court	3337
that issued the order.	3338

If the delinquent child requests a hearing by timely filing a	3339
petition with the juvenile court, the delinquent child shall serve	3340
a copy of the petition on the prosecutor who handled the case in	3341
which the delinquent child was adjudicated a delinquent child for	3342
committing the sexually oriented offense or child-victim oriented	3343
offense that resulted in the delinquent child's registration duty	3344
under section 2950.04 or 2950.041 of the Revised Code. The	3345
prosecutor shall represent the interest of the state in the	3346
hearing. In any hearing under this division, the Rules of Juvenile	3347
Procedure apply except to the extent that those Rules would by	3348
their nature be clearly inapplicable. The court shall schedule a	3349
hearing and shall provide notice to the delinquent child and the	3350
delinquent child's parent, guardian, or custodian and to the	3351
prosecutor of the date, time, and place of the hearing.	3352

If the delinquent child requests a hearing in accordance with	3353
this division, until the court issues its decision at or	3354
subsequent to the hearing, the delinquent child shall comply with	3355
Chapter 2950. of the Revised Code as it exists on and after	3356
January 1, 2008. If a delinquent child requests a hearing in	3357
accordance with this division, at the hearing, all parties are	3358
entitled to be heard, and the court shall consider all relevant	3359
information and testimony presented relative to the issue of	3360
whether the child should be classified a public registry-qualified	3361
juvenile offender registrant. Notwithstanding the court's	3362
classification of the delinquent child as a public	3363
registry-qualified juvenile offender registrant, the court may	3364
terminate that classification if it determines by clear and	3365
convincing evidence that the classification is in error.	3366

If the court decides to terminate the court's classification	3367
of the delinquent child as a public registry-qualified juvenile	3368
offender registrant, the court shall issue an order that specifies	3369
that it has determined that the child is not a public	3370
registry-qualified juvenile offender registrant and that it has	3371
terminated the court's classification of the delinquent child as a	3372
public registry-qualified juvenile offender registrant. The court	3373
promptly shall serve a copy of the order upon the sheriff with	3374
whom the delinquent child most recently registered under section	3375
2950.04 or 2950.041 of the Revised Code and upon the bureau of	3376
criminal identification and investigation. The delinquent child	3377
and the prosecutor have the right to appeal the decision of the	3378
court issued under this division.	3379

If the delinquent child fails to request a hearing in	3380
accordance with this division within the applicable sixty-day	3381
period specified in this division, the failure constitutes a	3382
waiver by the delinquent child of the delinquent child's right to	3383
a hearing under this division, and the delinquent child is bound	3384
by the court's classification of the delinquent child as a public	3385
registry-qualified juvenile offender registrant.	3386

(2) An order issued under division (D)(1) of this section is	3387
independent of any order of a type described in division (F) of	3388
section 2950.031 of the Revised Code or division (E) of section	3389
2950.032 of the Revised Code, and the court may issue an order	3390
under both division (D)(1) of this section and an order of a type	3391
described in division (F) of section 2950.031 of the Revised Code	3392
or division (E) of section 2950.032 of the Revised Code. A court	3393
that conducts a hearing under division (D)(1) of this section may	3394
consolidate that hearing with a hearing conducted for the same	3395
delinquent child under division (F) of section 2950.031 of the	3396
Revised Code or division (E) of section 2950.032 of the Revised	3397
Code.	3398

Sec. 2743.191.  (A)(1) There is hereby created in the state	3399
treasury the reparations fund, which shall be used only for the	3400
following purposes:	3401

(a) The payment of awards of reparations that are granted by	3402
the attorney general;	3403

(b) The compensation of any personnel needed by the attorney	3404
general to administer sections 2743.51 to 2743.72 of the Revised	3405
Code;	3406

(c) The compensation of witnesses as provided in division (J)	3407
of section 2743.65 of the Revised Code;	3408

(d) Other administrative costs of hearing and determining	3409
claims for an award of reparations by the attorney general;	3410

(e) The costs of administering sections 2907.28 and 2969.01	3411
to 2969.06 of the Revised Code;	3412

(f) The costs of investigation and decision-making as	3413
certified by the attorney general;	3414

(g) The provision of state financial assistance to victim	3415
assistance programs in accordance with sections 109.91 and 109.92	3416
of the Revised Code;	3417

(h) The costs of paying the expenses of sex offense-related	3418
examinations and antibiotics pursuant to section 2907.28 of the	3419
Revised Code;	3420

(i) The cost of printing and distributing the pamphlet	3421
prepared by the attorney general pursuant to section 109.42 of the	3422
Revised Code;	3423

(j) Subject to division (D) of section 2743.71 of the Revised	3424
Code, the costs associated with the printing and providing of	3425
information cards or other printed materials to law enforcement	3426
agencies and prosecuting authorities and with publicizing the	3427
availability of awards of reparations pursuant to section 2743.71	3428
of the Revised Code;	3429

(k) The payment of costs of administering a DNA specimen	3430
collection procedure pursuant to sections 2152.74 and 2901.07 of	3431
the Revised Code, of performing DNA analysis of those DNA	3432
specimens, and of entering the resulting DNA records regarding	3433
those analyses into the DNA database pursuant to section 109.573	3434
of the Revised Code;	3435

(l) The payment of actual costs associated with initiatives	3436
by the attorney general for the apprehension, prosecution, and	3437
accountability of offenders, and the enhancing of services to	3438
crime victims. The amount of payments made pursuant to division	3439
(A)(1)(l) of this section during any given fiscal year shall not	3440
exceed five per cent of the balance of the reparations fund at the	3441
close of the immediately previous fiscal year;	3442

(m) The costs of administering the adult parole authority's	3443
supervision pursuant to division (E) of section 2971.05 of the	3444
Revised Code of sexually violent predators who are sentenced to a	3445
prison term pursuant to division (A)(3) of section 2971.03 of the	3446
Revised Code,and of offenders who are sentenced to a prison term	3447
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	3448
(c), or (B)(3)(a), (b), (c), or (d) of that section for a	3449
violation of division (A)(1)(b) of section 2907.02 of the Revised	3450
Code, and of offenders who are sentenced to a prison term pursuant	3451
to division (B)(2)(a), (b), or (c) of section 2971.03 of the	3452
Revised Code for attempted rape and a specification of the type	3453
described in section 2941.1418, 2941.1419, 2941.1420 of the	3454
Revised Code.	3455

(2) All costs paid pursuant to section 2743.70 of the Revised	3456
Code, the portions of license reinstatement fees mandated by	3457
division (F)(2)(b) of section 4511.191 of the Revised Code to be	3458
credited to the fund, the portions of the proceeds of the sale of	3459
a forfeited vehicle specified in division (C)(2) of section	3460
4503.234 of the Revised Code, payments collected by the department	3461
of rehabilitation and correction from prisoners who voluntarily	3462
participate in an approved work and training program pursuant to	3463
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	3464
all moneys collected by the state pursuant to its right of	3465
subrogation provided in section 2743.72 of the Revised Code shall	3466
be deposited in the fund.	3467

(B) In making an award of reparations, the attorney general	3468
shall render the award against the state. The award shall be	3469
accomplished only through the following procedure, and the	3470
following procedure may be enforced by writ of mandamus directed	3471
to the appropriate official:	3472

(1) The attorney general shall provide for payment of the	3473
claimant or providers in the amount of the award only if the	3474
amount of the award is fifty dollars or more.	3475

(2) The expense shall be charged against all available	3476
unencumbered moneys in the fund.	3477

(3) If sufficient unencumbered moneys do not exist in the	3478
fund, the attorney general shall make application for payment of	3479
the award out of the emergency purposes account or any other	3480
appropriation for emergencies or contingencies, and payment out of	3481
this account or other appropriation shall be authorized if there	3482
are sufficient moneys greater than the sum total of then pending	3483
emergency purposes account requests or requests for releases from	3484
the other appropriations.	3485

(4) If sufficient moneys do not exist in the account or any	3486
other appropriation for emergencies or contingencies to pay the	3487
award, the attorney general shall request the general assembly to	3488
make an appropriation sufficient to pay the award, and no payment	3489
shall be made until the appropriation has been made. The attorney	3490
general shall make this appropriation request during the current	3491
biennium and during each succeeding biennium until a sufficient	3492
appropriation is made. If, prior to the time that an appropriation	3493
is made by the general assembly pursuant to this division, the	3494
fund has sufficient unencumbered funds to pay the award or part of	3495
the award, the available funds shall be used to pay the award or	3496
part of the award, and the appropriation request shall be amended	3497
to request only sufficient funds to pay that part of the award	3498
that is unpaid.	3499

(C) The attorney general shall not make payment on a decision	3500
or order granting an award until all appeals have been determined	3501
and all rights to appeal exhausted, except as otherwise provided	3502
in this section. If any party to a claim for an award of	3503
reparations appeals from only a portion of an award, and a	3504
remaining portion provides for the payment of money by the state,	3505
that part of the award calling for the payment of money by the	3506
state and not a subject of the appeal shall be processed for	3507
payment as described in this section.	3508

(D) The attorney general shall prepare itemized bills for the	3509
costs of printing and distributing the pamphlet the attorney	3510
general prepares pursuant to section 109.42 of the Revised Code.	3511
The itemized bills shall set forth the name and address of the	3512
persons owed the amounts set forth in them.	3513

(E) As used in this section, "DNA analysis" and "DNA	3514
specimen" have the same meanings as in section 109.573 of the	3515
Revised Code.	3516

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

3517

(1) "DNA analysis" and "DNA specimen" have the same meanings	3518
as in section 109.573 of the Revised Code.	3519

(2) "Jail" and "community-based correctional facility" have	3520
the same meanings as in section 2929.01 of the Revised Code.	3521

(3) "Post-release control" has the same meaning as in section	3522
2967.01 of the Revised Code.	3523

(B)(1) Regardless of when the conviction occurred or the	3524
guilty plea was entered, a person who has been convicted of, is	3525
convicted of, has pleaded guilty to, or pleads guilty to a felony	3526
offense and who is sentenced to a prison term or to a community	3527
residential sanction in a jail or community-based correctional	3528
facility for that offense pursuant to section 2929.16 of the	3529
Revised Code, and a person who has been convicted of, is convicted	3530
of, has pleaded guilty to, or pleads guilty to a misdemeanor	3531
offense listed in division (D) of this section and who is	3532
sentenced to a term of imprisonment for that offense shall submit	3533
to a DNA specimen collection procedure administered by the	3534
director of rehabilitation and correction or the chief	3535
administrative officer of the jail or other detention facility in	3536
which the person is serving the term of imprisonment. If the	3537
person serves the prison term in a state correctional institution,	3538
the director of rehabilitation and correction shall cause the DNA	3539
specimen to be collected from the person during the intake process	3540
at the reception facility designated by the director. If the	3541
person serves the community residential sanction or term of	3542
imprisonment in a jail, a community-based correctional facility,	3543
or another county, multicounty, municipal, municipal-county, or	3544
multicounty-municipal detention facility, the chief administrative	3545
officer of the jail, community-based correctional facility, or	3546
detention facility shall cause the DNA specimen to be collected	3547
from the person during the intake process at the jail,	3548
community-based correctional facility, or detention facility. The	3549
DNA specimen shall be collected in accordance with division (C) of	3550
this section.	3551

(2) Regardless of when the conviction occurred or the guilty	3552
plea was entered, if a person has been convicted of, is convicted	3553
of, has pleaded guilty to, or pleads guilty to a felony offense or	3554
a misdemeanor offense listed in division (D) of this section, is	3555
serving a prison term, community residential sanction, or term of	3556
imprisonment for that offense, and does not provide a DNA specimen	3557
pursuant to division (B)(1) of this section, prior to the person's	3558
release from the prison term, community residential sanction, or	3559
imprisonment, the person shall submit to, and the director of	3560
rehabilitation and correction or the chief administrative officer	3561
of the jail, community-based correctional facility, or detention	3562
facility in which the person is serving the prison term, community	3563
residential sanction, or term of imprisonment shall administer, a	3564
DNA specimen collection procedure at the state correctional	3565
institution, jail, community-based correctional facility, or	3566
detention facility in which the person is serving the prison term,	3567
community residential sanction, or term of imprisonment. The DNA	3568
specimen shall be collected in accordance with division (C) of	3569
this section.	3570

(3)(a) Regardless of when the conviction occurred or the	3571
guilty plea was entered, if a person has been convicted of, is	3572
convicted of, has pleaded guilty to, or pleads guilty to a felony	3573
offense or a misdemeanor offense listed in division (D) of this	3574
section and the person is on probation, released on parole, under	3575
transitional control, on community control, on post-release	3576
control, or under any other type of supervised release under the	3577
supervision of a probation department or the adult parole	3578
authority for that offense, the person shall submit to a DNA	3579
specimen collection procedure administered by the chief	3580
administrative officer of the probation department or the adult	3581
parole authority. The DNA specimen shall be collected in	3582
accordance with division (C) of this section. If the person	3583
refuses to submit to a DNA specimen collection procedure as	3584
provided in this division, the person may be subject to the	3585
provisions of section 2967.15 of the Revised Code.	3586

(b) If a person to whom division (B)(3)(a) of this section	3587
applies is sent to jail or is returned to a jail, community-based	3588
correctional facility, or state correctional institution for a	3589
violation of the terms and conditions of the probation, parole,	3590
transitional control, other release, or post-release control, if	3591
the person was or will be serving a term of imprisonment, prison	3592
term, or community residential sanction for committing a felony	3593
offense or for committing a misdemeanor offense listed in division	3594
(D) of this section, and if the person did not provide a DNA	3595
specimen pursuant to division (B)(1), (2) or (3)(a) of this	3596
section, the person shall submit to, and the director of	3597
rehabilitation and correction or the chief administrative officer	3598
of the jail or community-based correctional facility shall	3599
administer, a DNA specimen collection procedure at the jail,	3600
community-based correctional facility, or state correctional	3601
institution in which the person is serving the term of	3602
imprisonment, prison term, or community residential sanction. The	3603
DNA specimen shall be collected from the person in accordance with	3604
division (C) of this section.	3605

(4) Regardless of when the conviction occurred or the guilty	3606
plea was entered, if a person has been convicted of, is convicted	3607
of, has pleaded guilty to, or pleads guilty to a felony offense or	3608
a misdemeanor offense listed in division (D) of this section, the	3609
person is not sentenced to a prison term, a community residential	3610
sanction in a jail or community-based correctional facility, a	3611
term of imprisonment, or any type of supervised release under the	3612
supervision of a probation department or the adult parole	3613
authority, and the person does not provide a DNA specimen pursuant	3614
to division (B)(1), (2), (3)(a), or (3)(b) of this section, the	3615
sentencing court shall order the person to report to the county	3616
probation department immediately after sentencing to submit to a	3617
DNA specimen collection procedure administered by the chief	3618
administrative officer of the county probation office. If the	3619
person is incarcerated at the time of sentencing, the person shall	3620
submit to a DNA specimen collection procedure administered by the	3621
director of rehabilitation and correction or the chief	3622
administrative officer of the jail or other detention facility in	3623
which the person is incarcerated. The DNA specimen shall be	3624
collected in accordance with division (C) of this section.	3625

(C) If the DNA specimen is collected by withdrawing blood	3626
from the person or a similarly invasive procedure, a physician,	3627
registered nurse, licensed practical nurse, duly licensed clinical	3628
laboratory technician, or other qualified medical practitioner	3629
shall collect in a medically approved manner the DNA specimen	3630
required to be collected pursuant to division (B) of this section.	3631
If the DNA specimen is collected by swabbing for buccal cells or a	3632
similarly noninvasive procedure, this section does not require	3633
that the DNA specimen be collected by a qualified medical	3634
practitioner of that nature. No later than fifteen days after the	3635
date of the collection of the DNA specimen, the director of	3636
rehabilitation and correction or the chief administrative officer	3637
of the jail, community-based correctional facility, or other	3638
county, multicounty, municipal, municipal-county, or	3639
multicounty-municipal detention facility, in which the person is	3640
serving the prison term, community residential sanction, or term	3641
of imprisonment shall cause the DNA specimen to be forwarded to	3642
the bureau of criminal identification and investigation in	3643
accordance with procedures established by the superintendent of	3644
the bureau under division (H) of section 109.573 of the Revised	3645
Code. The bureau shall provide the specimen vials, mailing tubes,	3646
labels, postage, and instructions needed for the collection and	3647
forwarding of the DNA specimen to the bureau.	3648

(D) The director of rehabilitation and correction, the chief	3649
administrative officer of the jail, community-based correctional	3650
facility, or other county, multicounty, municipal,	3651
municipal-county, or multicounty-municipal detention facility, or	3652
the chief administrative officer of a county probation department	3653
or the adult parole authority shall cause a DNA specimen to be	3654
collected in accordance with divisions (B) and (C) of this section	3655
from a person in its custody or under its supervision who has been	3656
convicted of, is convicted of, has pleaded guilty to, or pleads	3657
guilty to any felony offense or any of the following misdemeanor	3658
offenses:	3659

(1) A misdemeanor violation, an attempt to commit a	3660
misdemeanor violation, or complicity in committing a misdemeanor	3661
violation of section 2907.04 of the Revised Code;	3662

(2) A misdemeanor violation of any law that arose out of the	3663
same facts and circumstances and same act as did a charge against	3664
the person of a violation of section 2903.01, 2903.02, 2905.01,	3665
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code	3666
that previously was dismissed or amended or as did a charge	3667
against the person of a violation of section 2907.12 of the	3668
Revised Code as it existed prior to September 3, 1996, that	3669
previously was dismissed or amended;	3670

(3) A misdemeanor violation of section 2919.23 of the Revised	3671
Code that would have been a violation of section 2905.04 of the	3672
Revised Code as it existed prior to July 1, 1996, had it been	3673
committed prior to that date;	3674

(4) A sexually oriented offense or a child-victim oriented	3675
offense, both as defined in section 2950.01 of the Revised Code,	3676
that is a misdemeanor, if, in relation to that offense, the	3677
offender has been adjudicated a sexual predator, child-victim	3678
predator, habitual sex offender, or habitualis a tier III sex	3679
offender/child-victim offender, all as defined in section 2950.01	3680
of the Revised Code.	3681

(E) The director of rehabilitation and correction may	3682
prescribe rules in accordance with Chapter 119. of the Revised	3683
Code to collect a DNA specimen, as provided in this section, from	3684
an offender whose supervision is transferred from another state to	3685
this state in accordance with the interstate compact for adult	3686
offender supervision described in section 5149.21 of the Revised	3687
Code.	3688

Sec. 2903.211.  (A)(1) No person by engaging in a pattern of	3689
conduct shall knowingly cause another person to believe that the	3690
offender will cause physical harm to the other person or cause	3691
mental distress to the other person.	3692

(2) No person, through the use of any electronic method of	3693
remotely transferring information, including, but not limited to,	3694
any computer, computer network, computer program, or computer	3695
system, shall post a message with purpose to urge or incite	3696
another to commit a violation of division (A)(1) of this section.	3697

(3) No person, with a sexual motivation, shall violate	3698
division (A)(1) or (2) of this section.	3699

(B) Whoever violates this section is guilty of menacing by	3700
stalking.	3701

(1) Except as otherwise provided in divisions (B)(2) and (3)	3702
of this section, menacing by stalking is a misdemeanor of the	3703
first degree.	3704

(2) Menacing by stalking is a felony of the fourth degree if	3705
any of the following applies:	3706

(a) The offender previously has been convicted of or pleaded	3707
guilty to a violation of this section or a violation of section	3708
2911.211 of the Revised Code.	3709

(b) In committing the offense under division (A)(1) or, (2),	3710
or (3) of this section, the offender made a threat of physical	3711
harm to or against the victim, or as a result of an offense	3712
committed under division (A)(2) or (3) of this section, a third	3713
person induced by the offender's posted message made a threat of	3714
physical harm to or against the victim.	3715

(c) In committing the offense under division (A)(1) or, (2),	3716
or (3) of this section, the offender trespassed on the land or	3717
premises where the victim lives, is employed, or attends school,	3718
or as a result of an offense committed under division (A)(2) or	3719
(3) of this section, a third person induced by the offender's	3720
posted message trespassed on the land or premises where the victim	3721
lives, is employed, or attends school.	3722

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

3723

(e) The offender has a history of violence toward the victim	3724
or any other person or a history of other violent acts toward the	3725
victim or any other person.	3726

(f) While committing the offense under division (A)(1) of	3727
this section or a violation of division (A)(3) of this section	3728
based on conduct in violation of division (A)(1) of this section,	3729
the offender had a deadly weapon on or about the offender's person	3730
or under the offender's control. Division (B)(2)(f) of this	3731
section does not apply in determining the penalty for a violation	3732
of division (A)(2) of this section or a violation of division	3733
(A)(3) of this section based on conduct in violation of division	3734
(A)(2) of this section.	3735

(g) At the time of the commission of the offense, the	3736
offender was the subject of a protection order issued under	3737
section 2903.213 or 2903.214 of the Revised Code, regardless of	3738
whether the person to be protected under the order is the victim	3739
of the offense or another person.	3740

(h) In committing the offense under division (A)(1) or, (2),	3741
or (3) of this section, the offender caused serious physical harm	3742
to the premises at which the victim resides, to the real property	3743
on which that premises is located, or to any personal property	3744
located on that premises, or, as a result of an offense committed	3745
under division (A)(2) of this section or an offense committed	3746
under division (A)(3) of this section based on a violation of	3747
division (A)(2) of this section, a third person induced by the	3748
offender's posted message caused serious physical harm to that	3749
premises, that real property, or any personal property on that	3750
premises.	3751

(i) Prior to committing the offense, the offender had been	3752
determined to represent a substantial risk of physical harm to	3753
others as manifested by evidence of then-recent homicidal or other	3754
violent behavior, evidence of then-recent threats that placed	3755
another in reasonable fear of violent behavior and serious	3756
physical harm, or other evidence of then-present dangerousness.	3757

(3) If the victim of the offense is an officer or employee of	3758
a public children services agency or a private child placing	3759
agency and the offense relates to the officer's or employee's	3760
performance or anticipated performance of official	3761
responsibilities or duties, menacing by stalking is either a	3762
felony of the fifth degree or, if the offender previously has been	3763
convicted of or pleaded guilty to an offense of violence, the	3764
victim of that prior offense was an officer or employee of a	3765
public children services agency or private child placing agency,	3766
and that prior offense related to the officer's or employee's	3767
performance or anticipated performance of official	3768
responsibilities or duties, a felony of the fourth degree.	3769

(C) Section 2919.271 of the Revised Code applies in relation	3770
to a defendant charged with a violation of this section.	3771

(D) As used in this section:

3772

(1) "Pattern of conduct" means two or more actions or	3773
incidents closely related in time, whether or not there has been a	3774
prior conviction based on any of those actions or incidents.	3775
Actions or incidents that prevent, obstruct, or delay the	3776
performance by a public official, firefighter, rescuer, emergency	3777
medical services person, or emergency facility person of any	3778
authorized act within the public official's, firefighter's,	3779
rescuer's, emergency medical services person's, or emergency	3780
facility person's official capacity, or the posting of messages or	3781
receipt of information or data through the use of an electronic	3782
method of remotely transferring information, including, but not	3783
limited to, a computer, computer network, computer program,	3784
computer system, or telecommunications device, may constitute a	3785
"pattern of conduct."	3786

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

3787

(a) Any mental illness or condition that involves some	3788
temporary substantial incapacity;	3789

(b) Any mental illness or condition that would normally	3790
require psychiatric treatment, psychological treatment, or other	3791
mental health services, whether or not any person requested or	3792
received psychiatric treatment, psychological treatment, or other	3793
mental health services.	3794

(3) "Emergency medical services person" is the singular of	3795
"emergency medical services personnel" as defined in section	3796
2133.21 of the Revised Code.	3797

(4) "Emergency facility person" is the singular of "emergency	3798
facility personnel" as defined in section 2909.04 of the Revised	3799
Code.	3800

(5) "Public official" has the same meaning as in section	3801
2921.01 of the Revised Code.	3802

(6) "Computer," "computer network," "computer program,"	3803
"computer system," and "telecommunications device" have the same	3804
meanings as in section 2913.01 of the Revised Code.	3805

(7) "Post a message" means transferring, sending, posting,	3806
publishing, disseminating, or otherwise communicating, or	3807
attempting to transfer, send, post, publish, disseminate, or	3808
otherwise communicate, any message or information, whether	3809
truthful or untruthful, about an individual, and whether done	3810
under one's own name, under the name of another, or while	3811
impersonating another.	3812

(8) "Third person" means, in relation to conduct as described	3813
in division (A)(2) of this section, an individual who is neither	3814
the offender nor the victim of the conduct.	3815

(9) "Sexual motivation" has the same meaning as in section	3816
2971.01 of the Revised Code.	3817

(E) The state does not need to prove in a prosecution under	3818
this section that a person requested or received psychiatric	3819
treatment, psychological treatment, or other mental health	3820
services in order to show that the person was caused mental	3821
distress as described in division (D)(2)(b) of this section.	3822

(F)(1) This section does not apply to a person solely because	3823
the person provided access or connection to or from an electronic	3824
method of remotely transferring information not under that	3825
person's control, including having provided capabilities that are	3826
incidental to providing access or connection to or from the	3827
electronic method of remotely transferring the information, and	3828
that do not include the creation of the content of the material	3829
that is the subject of the access or connection. In addition, any	3830
person providing access or connection to or from an electronic	3831
method of remotely transferring information not under that	3832
person's control shall not be liable for any action voluntarily	3833
taken in good faith to block the receipt or transmission through	3834
its service of any information that it believes is, or will be	3835
sent, in violation of this section.	3836

(2) Division (F)(1) of this section does not create an	3837
affirmative duty for any person providing access or connection to	3838
or from an electronic method of remotely transferring information	3839
not under that person's control to block the receipt or	3840
transmission through its service of any information that it	3841
believes is, or will be sent, in violation of this section except	3842
as otherwise provided by law.	3843

(3) Division (F)(1) of this section does not apply to a	3844
person who conspires with a person actively involved in the	3845
creation or knowing distribution of material in violation of this	3846
section or who knowingly advertises the availability of material	3847
of that nature.	3848

Sec. 2905.01.  (A) No person, by force, threat, or deception,	3849
or, in the case of a victim under the age of thirteen or mentally	3850
incompetent, by any means, shall remove another from the place	3851
where the other person is found or restrain the liberty of the	3852
other person, for any of the following purposes:	3853

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

3854

(2) To facilitate the commission of any felony or flight	3855
thereafter;	3856

(3) To terrorize, or to inflict serious physical harm on the	3857
victim or another;	3858

(4) To engage in sexual activity, as defined in section	3859
2907.01 of the Revised Code, with the victim against the victim's	3860
will;	3861

(5) To hinder, impede, or obstruct a function of government,	3862
or to force any action or concession on the part of governmental	3863
authority.	3864

(B) No person, by force, threat, or deception, or, in the	3865
case of a victim under the age of thirteen or mentally	3866
incompetent, by any means, shall knowingly do any of the	3867
following, under circumstances that create a substantial risk of	3868
serious physical harm to the victim or, in the case of a minor	3869
victim, under circumstances that either create a substantial risk	3870
of serious physical harm to the victim or cause physical harm to	3871
the victim:	3872

(1) Remove another from the place where the other person is	3873
found;	3874

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

3875

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

3876

(C) Whoever violates this section is guilty of kidnapping.	3877
Except as otherwise provided in this division, kidnapping is a	3878
felony of the first degree. IfExcept as otherwise provided in	3879
this division, if the offender releases the victim in a safe place	3880
unharmed, kidnapping is a felony of the second degree. If the	3881
victim of the offense is less than thirteen years of age and if	3882
the offender also is convicted of or pleads guilty to a sexual	3883
motivation specification that was included in the indictment,	3884
count in the indictment, or information charging the offense,	3885
kidnapping is a felony of the first degree, and, notwithstanding	3886
the definite sentence provided for a felony of the first degree in	3887
section 2929.14 of the Revised Code, the offender shall be	3888
sentenced pursuant to section 2971.03 of the Revised Code as	3889
follows:	3890

(1) Except as otherwise provided in division (C)(2) of this	3891
section, the offender shall be sentenced pursuant to that section	3892
to an indefinite prison term consisting of a minimum term of	3893
fifteen years and a maximum term of life imprisonment.	3894

(2) If the offender releases the victim in a safe place	3895
unharmed, the offender shall be sentenced pursuant to that section	3896
to an indefinite term consisting of a minimum term of ten years	3897
and a maximum term of life imprisonment.	3898

(D) As used in this section, "sexual motivation	3899
specification" has the same meaning as in section 2971.01 of the	3900
Revised Code.	3901

Sec. 2905.02.  (A) No person, without privilege to do so,	3902
shall knowingly do any of the following:	3903

(1) By force or threat, remove another from the place where	3904
the other person is found;	3905

(2) By force or threat, restrain the liberty of another	3906
person, under circumstances whichthat create a risk of physical	3907
harm to the victim, or place the other person in fear;	3908

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

3909

(B) No person, with a sexual motivation, shall violate	3910
division (A) of this section.	3911

(C) Whoever violates this section is guilty of abduction, a	3912
felony of the third degree.	3913

(D) As used in this section, "sexual motivation" has the same	3914
meaning as in section 2971.01 of the Revised Code.	3915

Sec. 2905.03.  (A) No person, without privilege to do so,	3916
shall knowingly restrain another of histhe other person's	3917
liberty.	3918

(B) No person, without privilege to do so and with a sexual	3919
motivation, shall knowingly restrain another of the other person's	3920
liberty.	3921

(C) Whoever violates this section is guilty of unlawful	3922
restraint, a misdemeanor of the third degree.	3923

(D) As used in this section, "sexual motivation" has the same	3924
meaning as in section 2971.01 of the Revised Code.	3925

Sec. 2905.05.  (A) No person, by any means and without	3926
privilege to do so, shall knowingly solicit, coax, entice, or lure	3927
any child under fourteen years of age to accompany the person in	3928
any manner, including entering into any vehicle or onto any	3929
vessel, whether or not the offender knows the age of the child, if	3930
both of the following apply:	3931

(1) The actor does not have the express or implied permission	3932
of the parent, guardian, or other legal custodian of the child in	3933
undertaking the activity.	3934

(2) The actor is not a law enforcement officer, medic,	3935
firefighter, or other person who regularly provides emergency	3936
services, and is not an employee or agent of, or a volunteer	3937
acting under the direction of, any board of education, or the	3938
actor is any of such persons, but, at the time the actor	3939
undertakes the activity, the actor is not acting within the scope	3940
of the actor's lawful duties in that capacity.	3941

(B) No person, with a sexual motivation, shall violate	3942
division (A) of this section.	3943

(C) It is an affirmative defense to a charge under division	3944
(A) of this section that the actor undertook the activity in	3945
response to a bona fide emergency situation or that the actor	3946
undertook the activity in a reasonable belief that it was	3947
necessary to preserve the health, safety, or welfare of the child.	3948

(C)(D) Whoever violates this section is guilty of criminal	3949
child enticement, a misdemeanor of the first degree. If the	3950
offender previously has been convicted of a violation of this	3951
section, section 2907.02,or 2907.03, or former section 2907.12 of	3952
the Revised Code, or section 2905.01 or 2907.05 of the Revised	3953
Code when the victim of that prior offense was under seventeen	3954
years of age at the time of the offense, criminal child enticement	3955
is a felony of the fifth degree.	3956

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

3957

(1) "Sexual motivation" has the same meaning as in section	3958
2971.01 of the Revised Code.	3959

(2) "Vehicle" has the same meaning as in section 4501.01 of	3960
the Revised Code.	3961

(2)(3) "Vessel" has the same meaning as in section 1547.01 of	3962
the Revised Code.	3963

Sec. 2907.01.  As used in sections 2907.01 to 2907.38 of the	3964
Revised Code:	3965

(A) "Sexual conduct" means vaginal intercourse between a male	3966
and female; anal intercourse, fellatio, and cunnilingus between	3967
persons regardless of sex; and, without privilege to do so, the	3968
insertion, however slight, of any part of the body or any	3969
instrument, apparatus, or other object into the vaginal or anal	3970
opening of another. Penetration, however slight, is sufficient to	3971
complete vaginal or anal intercourse.	3972

(B) "Sexual contact" means any touching of an erogenous zone	3973
of another, including without limitation the thigh, genitals,	3974
buttock, pubic region, or, if the person is a female, a breast,	3975
for the purpose of sexually arousing or gratifying either person.	3976

(C) "Sexual activity" means sexual conduct or sexual contact,	3977
or both.	3978

(D) "Prostitute" means a male or female who promiscuously	3979
engages in sexual activity for hire, regardless of whether the	3980
hire is paid to the prostitute or to another.	3981

(E) "Harmful to juveniles" means that quality of any material	3982
or performance describing or representing nudity, sexual conduct,	3983
sexual excitement, or sado-masochistic abuse in any form to which	3984
all of the following apply:	3985

(1) The material or performance, when considered as a whole,	3986
appeals to the prurient interest in sex of juveniles in sex.	3987

(2) The material or performance is patently offensive to	3988
prevailing standards in the adult community as a whole with	3989
respect to what is suitable for juveniles.	3990

(3) The material or performance, when considered as a whole,	3991
lacks serious literary, artistic, political, and scientific value	3992
for juveniles.	3993

(F) When considered as a whole, and judged with reference to	3994
ordinary adults or, if it is designed for sexual deviates or other	3995
specially susceptible group, judged with reference to that group,	3996
any material or performance is "obscene" if any of the following	3997
apply:	3998

(1) Its dominant appeal is to prurient interest;

3999

(2) Its dominant tendency is to arouse lust by displaying or	4000
depicting sexual activity, masturbation, sexual excitement, or	4001
nudity in a way that tends to represent human beings as mere	4002
objects of sexual appetite;	4003

(3) Its dominant tendency is to arouse lust by displaying or	4004
depicting bestiality or extreme or bizarre violence, cruelty, or	4005
brutality;	4006

(4) Its dominant tendency is to appeal to scatological	4007
interest by displaying or depicting human bodily functions of	4008
elimination in a way that inspires disgust or revulsion in persons	4009
with ordinary sensibilities, without serving any genuine	4010
scientific, educational, sociological, moral, or artistic purpose;	4011

(5) It contains a series of displays or descriptions of	4012
sexual activity, masturbation, sexual excitement, nudity,	4013
bestiality, extreme or bizarre violence, cruelty, or brutality, or	4014
human bodily functions of elimination, the cumulative effect of	4015
which is a dominant tendency to appeal to prurient or scatological	4016
interest, when the appeal to such an interest is primarily for its	4017
own sake or for commercial exploitation, rather than primarily for	4018
a genuine scientific, educational, sociological, moral, or	4019
artistic purpose.	4020

(G) "Sexual excitement" means the condition of human male or	4021
female genitals when in a state of sexual stimulation or arousal.	4022

(H) "Nudity" means the showing, representation, or depiction	4023
of human male or female genitals, pubic area, or buttocks with	4024
less than a full, opaque covering, or of a female breast with less	4025
than a full, opaque covering of any portion thereof below the top	4026
of the nipple, or of covered male genitals in a discernibly turgid	4027
state.	4028

(I) "Juvenile" means an unmarried person under the age of	4029
eighteen.	4030

(J) "Material" means any book, magazine, newspaper, pamphlet,	4031
poster, print, picture, figure, image, description, motion picture	4032
film, phonographic record, or tape, or other tangible thing	4033
capable of arousing interest through sight, sound, or touch and	4034
includes an image or text appearing on a computer monitor,	4035
television screen, liquid crystal display, or similar display	4036
device or an image or text recorded on a computer hard disk,	4037
computer floppy disk, compact disk, magnetic tape, or similar data	4038
storage device.	4039

(K) "Performance" means any motion picture, preview, trailer,	4040
play, show, skit, dance, or other exhibition performed before an	4041
audience.	4042

(L) "Spouse" means a person married to an offender at the	4043
time of an alleged offense, except that such person shall not be	4044
considered the spouse when any of the following apply:	4045

(1) When the parties have entered into a written separation	4046
agreement authorized by section 3103.06 of the Revised Code;	4047

(2) During the pendency of an action between the parties for	4048
annulment, divorce, dissolution of marriage, or legal separation;	4049

(3) In the case of an action for legal separation, after the	4050
effective date of the judgment for legal separation.	4051

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

4052

(N) "Mental health client or patient" has the same meaning as	4053
in section 2305.51 of the Revised Code.	4054

(O) "Mental health professional" has the same meaning as in	4055
section 2305.115 of the Revised Code.	4056

(P) "Sado-masochistic abuse" means flagellation or torture by	4057
or upon a person or the condition of being fettered, bound, or	4058
otherwise physically restrained.	4059

Sec. 2907.02.  (A)(1) No person shall engage in sexual	4060
conduct with another who is not the spouse of the offender or who	4061
is the spouse of the offender but is living separate and apart	4062
from the offender, when any of the following applies:	4063

(a) For the purpose of preventing resistance, the offender	4064
substantially impairs the other person's judgment or control by	4065
administering any drug, intoxicant, or controlled substance to the	4066
other person surreptitiously or by force, threat of force, or	4067
deception.	4068

(b) The other person is less than thirteen years of age,	4069
whether or not the offender knows the age of the other person.	4070

(c) The other person's ability to resist or consent is	4071
substantially impaired because of a mental or physical condition	4072
or because of advanced age, and the offender knows or has	4073
reasonable cause to believe that the other person's ability to	4074
resist or consent is substantially impaired because of a mental or	4075
physical condition or because of advanced age.	4076

(2) No person shall engage in sexual conduct with another	4077
when the offender purposely compels the other person to submit by	4078
force or threat of force.	4079

(B) Whoever violates this section is guilty of rape, a felony	4080
of the first degree. If the offender under division (A)(1)(a) of	4081
this section substantially impairs the other person's judgment or	4082
control by administering any controlled substance described in	4083
section 3719.41 of the Revised Code to the other person	4084
surreptitiously or by force, threat of force, or deception, the	4085
prison term imposed upon the offender shall be one of the prison	4086
terms prescribed for a felony of the first degree in section	4087
2929.14 of the Revised Code that is not less than five years.	4088
Except as otherwise provided in this division, notwithstanding	4089
sections 2929.11 to 2929.14 of the Revised Code, an offender under	4090
division (A)(1)(b) of this section shall be sentenced to a prison	4091
term or term of life imprisonment pursuant to section 2971.03 of	4092
the Revised Code. If an offender is convicted of or pleads guilty	4093
to a violation of division (A)(1)(b) of this section, if the	4094
offender was less than sixteen years of age at the time the	4095
offender committed the violation of that division, and if the	4096
offender during or immediately after the commission of the offense	4097
did not cause serious physical harm to the victim, the victim was	4098
ten years of age or older at the time of the commission of the	4099
violation, and the offender has not previously been convicted of	4100
or pleaded guilty to a violation of this section or a	4101
substantially similar existing or former law of this state,	4102
another state, or the United States, the court shall not sentence	4103
the offender to a prison term or term of life imprisonment	4104
pursuant to section 2971.03 of the Revised Code, and instead the	4105
court shall sentence the offender as otherwise provided in this	4106
division. If an offender under division (A)(1)(b) of this section	4107
previously has been convicted of or pleaded guilty to violating	4108
division (A)(1)(b) of this section or to violating an existing or	4109
former law of this state, another state, or the United States that	4110
is substantially similar to division (A)(1)(b) of this section, if	4111
the offender during or immediately after the commission of the	4112
offense caused serious physical harm to the victim, or if the	4113
victim under division (A)(1)(b) of this section is less than ten	4114
years of age, in lieu of sentencing the offender to a prison term	4115
or term of life imprisonment pursuant to section 2971.03 of the	4116
Revised Code, the court may impose upon the offender a term of	4117
life without parole. If the court imposes a term of life without	4118
parole pursuant to this division, division (F) of section 2971.03	4119
of the Revised Code applies, and the offender automatically is	4120
classified a sexual predatortier III sex offender/child-victim	4121
offender, as described in that division.	4122

(C) A victim need not prove physical resistance to the	4123
offender in prosecutions under this section.	4124

(D) Evidence of specific instances of the victim's sexual	4125
activity, opinion evidence of the victim's sexual activity, and	4126
reputation evidence of the victim's sexual activity shall not be	4127
admitted under this section unless it involves evidence of the	4128
origin of semen, pregnancy, or disease, or the victim's past	4129
sexual activity with the offender, and only to the extent that the	4130
court finds that the evidence is material to a fact at issue in	4131
the case and that its inflammatory or prejudicial nature does not	4132
outweigh its probative value.	4133

Evidence of specific instances of the defendant's sexual	4134
activity, opinion evidence of the defendant's sexual activity, and	4135
reputation evidence of the defendant's sexual activity shall not	4136
be admitted under this section unless it involves evidence of the	4137
origin of semen, pregnancy, or disease, the defendant's past	4138
sexual activity with the victim, or is admissible against the	4139
defendant under section 2945.59 of the Revised Code, and only to	4140
the extent that the court finds that the evidence is material to a	4141
fact at issue in the case and that its inflammatory or prejudicial	4142
nature does not outweigh its probative value.	4143

(E) Prior to taking testimony or receiving evidence of any	4144
sexual activity of the victim or the defendant in a proceeding	4145
under this section, the court shall resolve the admissibility of	4146
the proposed evidence in a hearing in chambers, which shall be	4147
held at or before preliminary hearing and not less than three days	4148
before trial, or for good cause shown during the trial.	4149

(F) Upon approval by the court, the victim may be represented	4150
by counsel in any hearing in chambers or other proceeding to	4151
resolve the admissibility of evidence. If the victim is indigent	4152
or otherwise is unable to obtain the services of counsel, the	4153
court, upon request, may appoint counsel to represent the victim	4154
without cost to the victim.	4155

(G) It is not a defense to a charge under division (A)(2) of	4156
this section that the offender and the victim were married or were	4157
cohabiting at the time of the commission of the offense.	4158

Sec. 2907.05.  (A) No person shall have sexual contact with	4159
another, not the spouse of the offender; cause another, not the	4160
spouse of the offender, to have sexual contact with the offender;	4161
or cause two or more other persons to have sexual contact when any	4162
of the following applies:	4163

(1) The offender purposely compels the other person, or one	4164
of the other persons, to submit by force or threat of force.	4165

(2) For the purpose of preventing resistance, the offender	4166
substantially impairs the judgment or control of the other person	4167
or of one of the other persons by administering any drug,	4168
intoxicant, or controlled substance to the other person	4169
surreptitiously or by force, threat of force, or deception.	4170

(3) The offender knows that the judgment or control of the	4171
other person or of one of the other persons is substantially	4172
impaired as a result of the influence of any drug or intoxicant	4173
administered to the other person with the other person's consent	4174
for the purpose of any kind of medical or dental examination,	4175
treatment, or surgery.	4176

(4) The other person, or one of the other persons, is less	4177
than thirteen years of age, whether or not the offender knows the	4178
age of that person.	4179

(5) The ability of the other person to resist or consent or	4180
the ability of one of the other persons to resist or consent is	4181
substantially impaired because of a mental or physical condition	4182
or because of advanced age, and the offender knows or has	4183
reasonable cause to believe that the ability to resist or consent	4184
of the other person or of one of the other persons is	4185
substantially impaired because of a mental or physical condition	4186
or because of advanced age.	4187

(B) No person shall knowingly touch the genitalia of	4188
another, when the touching is not through clothing, the other	4189
person is less than twelve years of age, whether or not the	4190
offender knows the age of that person, and the touching is done	4191
with an intent to abuse, humiliate, harass, degrade, or arouse or	4192
gratify the sexual desire of any person.	4193

(C) Whoever violates this section is guilty of gross sexual	4194
imposition.	4195

(1) Except as otherwise provided in this section, gross	4196
sexual imposition committed in violation of division (A)(1), (2),	4197
(3), or (5) of this section is a felony of the fourth degree. If	4198
the offender under division (A)(2) of this section substantially	4199
impairs the judgment or control of the other person or one of the	4200
other persons by administering any controlled substance described	4201
in section 3719.41 of the Revised Code to the person	4202
surreptitiously or by force, threat of force, or deception, gross	4203
sexual imposition committed in violation of division (A)(2) of	4204
this section is a felony of the third degree.	4205

(2) Gross sexual imposition committed in violation of	4206
division (A)(4) or (B) of this section is a felony of the third	4207
degree. Except as otherwise provided in this division, for gross	4208
sexual imposition committed in violation of division (A)(4) or (B)	4209
of this section there is a presumption that a prison term shall be	4210
imposed for the offense. The court shall impose on an offender	4211
convicted of gross sexual imposition in violation of division	4212
(A)(4) or (B) of this section a mandatory prison term equal to one	4213
of the prison terms prescribed in section 2929.14 of the Revised	4214
Code for a felony of the third degree if either of the following	4215
applies:	4216

(a) Evidence other than the testimony of the victim was	4217
admitted in the case corroborating the violation;	4218

(b) The offender previously was convicted of or pleaded	4219
guilty to a violation of this section, rape, the former offense of	4220
felonious sexual penetration, or sexual battery, and the victim of	4221
the previous offense was underless than thirteen years of age.	4222

(C)(D) A victim need not prove physical resistance to the	4223
offender in prosecutions under this section.	4224

(D)(E) Evidence of specific instances of the victim's sexual	4225
activity, opinion evidence of the victim's sexual activity, and	4226
reputation evidence of the victim's sexual activity shall not be	4227
admitted under this section unless it involves evidence of the	4228
origin of semen, pregnancy, or disease, or the victim's past	4229
sexual activity with the offender, and only to the extent that the	4230
court finds that the evidence is material to a fact at issue in	4231
the case and that its inflammatory or prejudicial nature does not	4232
outweigh its probative value.	4233

Evidence of specific instances of the defendant's sexual	4234
activity, opinion evidence of the defendant's sexual activity, and	4235
reputation evidence of the defendant's sexual activity shall not	4236
be admitted under this section unless it involves evidence of the	4237
origin of semen, pregnancy, or disease, the defendant's past	4238
sexual activity with the victim, or is admissible against the	4239
defendant under section 2945.59 of the Revised Code, and only to	4240
the extent that the court finds that the evidence is material to a	4241
fact at issue in the case and that its inflammatory or prejudicial	4242
nature does not outweigh its probative value.	4243

(E)(F) Prior to taking testimony or receiving evidence of any	4244
sexual activity of the victim or the defendant in a proceeding	4245
under this section, the court shall resolve the admissibility of	4246
the proposed evidence in a hearing in chambers, which shall be	4247
held at or before preliminary hearing and not less than three days	4248
before trial, or for good cause shown during the trial.	4249

(F)(G) Upon approval by the court, the victim may be	4250
represented by counsel in any hearing in chambers or other	4251
proceeding to resolve the admissibility of evidence. If the victim	4252
is indigent or otherwise is unable to obtain the services of	4253
counsel, the court, upon request, may appoint counsel to represent	4254
the victim without cost to the victim.	4255

Sec. 2921.34.  (A)(1) No person, knowing the person is under	4256
detention or being reckless in that regard, shall purposely break	4257
or attempt to break the detention, or purposely fail to return to	4258
detention, either following temporary leave granted for a specific	4259
purpose or limited period, or at the time required when serving a	4260
sentence in intermittent confinement.	4261

(2)(a) Division (A)(2)(b) of this section applies to any	4262
person who is adjudicated a sexually violent predator and is	4263
sentenced to a prison term pursuant to division (A)(3) or (B) of	4264
section 2971.03 of the Revised Code for the sexually violent	4265
offense, to any person who is convicted of or pleads guilty to a	4266
violation of division (A)(1)(b) of section 2907.02 of the Revised	4267
Code committed on or after the effective date of this amendment	4268
and is sentenced to a prison term pursuant to division (B)(1)(a),	4269
(b), or (c) of section 2971.03 of the Revised Code for the	4270
violation, and to any person who is convicted of or pleads guilty	4271
to attempted rape committed on or after the effective date of this	4272
amendment and a specification of the type described in section	4273
2941.1418, 2941.1419, or 2941.1420 of the Revised Code and is	4274
sentenced to a prison term pursuant to division (B)(2)(a), (b), or	4275
(c) of section 2971.03 of the Revised Code for the attempted rape.	4276
No	4277

(b) No person to whom this division applies, for whom the	4278
requirement that the entire prison term imposed upon the person	4279
pursuant to division (A)(3) or (B) of section 2971.03 of the	4280
Revised Code be served in a state correctional institution has	4281
been modified pursuant to section 2971.05 of the Revised Code, and	4282
who, pursuant to that modification, is restricted to a geographic	4283
area, knowing that the person is under a geographic restriction or	4284
being reckless in that regard, shall purposely leave the	4285
geographic area to which the restriction applies or purposely fail	4286
to return to that geographic area following a temporary leave	4287
granted for a specific purpose or for a limited period of time.	4288

(B) Irregularity in bringing about or maintaining detention,	4289
or lack of jurisdiction of the committing or detaining authority,	4290
is not a defense to a charge under this section if the detention	4291
is pursuant to judicial order or in a detention facility. In the	4292
case of any other detention, irregularity or lack of jurisdiction	4293
is an affirmative defense only if either of the following occurs:	4294

(1) The escape involved no substantial risk of harm to the	4295
person or property of another.	4296

(2) The detaining authority knew or should have known there	4297
was no legal basis or authority for the detention.	4298

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

4299

(1) If the offender, at the time of the commission of the	4300
offense, was under detention as an alleged or adjudicated	4301
delinquent child or unruly child and if the act for which the	4302
offender was under detention would not be a felony if committed by	4303
an adult, escape is a misdemeanor of the first degree.	4304

(2) If the offender, at the time of the commission of the	4305
offense, was under detention in any other manner,or if the	4306
offender is a person who was adjudicated a sexually violent	4307
predator for whom the requirement that the entire prison term	4308
imposed upon the person pursuant to division (A)(3) or (B) of	4309
section 2971.03 of the Revised Code be served in a state	4310
correctional institution has been modified pursuant to section	4311
2971.05 of the Revised Code, the offender is a person who was	4312
convicted of or pleaded guilty to committing on or after the	4313
effective date of this amendment a violation of division (A)(1)(b)	4314
of section 2907.02 of the Revised Code for whom the requirement	4315
that the entire prison term imposed upon the person pursuant to	4316
division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised	4317
Code be served in a state correctional institution has been	4318
modified pursuant to section 2971.05 of the Revised Code, or the	4319
offender is a person who was convicted of or pleaded guilty to	4320
committing on or after the effective date of this amendment	4321
attempted rape, who also was convicted of or pleaded guilty to a	4322
specification of the type described in section 2941.1418,	4323
2941.1419, or 2941.1420 of the Revised Code, who was sentenced	4324
pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of	4325
the Revised Code, and for whom the requirement that the entire	4326
prison term imposed pursuant to that division be served in a state	4327
correctional institution has been modified pursuant to section	4328
2971.05 of the Revised Code, escape is one of the following:	4329

(a) A felony of the second degree, when the most serious	4330
offense for which the person was under detention or for which the	4331
person had been sentenced to the prison term under division	4332
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or	4333
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	4334
is aggravated murder, murder, or a felony of the first or second	4335
degree or, if the person was under detention as an alleged or	4336
adjudicated delinquent child, when the most serious act for which	4337
the person was under detention would be aggravated murder, murder,	4338
or a felony of the first or second degree if committed by an	4339
adult;	4340

(b) A felony of the third degree, when the most serious	4341
offense for which the person was under detention or for which the	4342
person had been sentenced to the prison term under division	4343
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or	4344
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	4345
is a felony of the third, fourth, or fifth degree or an	4346
unclassified felony or, if the person was under detention as an	4347
alleged or adjudicated delinquent child, when the most serious act	4348
for which the person was under detention would be a felony of the	4349
third, fourth, or fifth degree or an unclassified felony if	4350
committed by an adult;	4351

(c) A felony of the fifth degree, when any of the following	4352
applies:	4353

(i) The most serious offense for which the person was under	4354
detention is a misdemeanor.	4355

(ii) The person was found not guilty by reason of insanity,	4356
and the person's detention consisted of hospitalization,	4357
institutionalization, or confinement in a facility under an order	4358
made pursuant to or under authority of section 2945.40, 2945.401,	4359
or 2945.402 of the Revised Code.	4360

(d) A misdemeanor of the first degree, when the most serious	4361
offense for which the person was under detention is a misdemeanor	4362
and when the person fails to return to detention at a specified	4363
time following temporary leave granted for a specific purpose or	4364
limited period or at the time required when serving a sentence in	4365
intermittent confinement.	4366

(D) As used in this section:

4367

(1) "Adjudicated a sexually violent predator" has the same	4368
meaning as in section 2929.01 of the Revised Code, and a person is	4369
"adjudicated a sexually violent predator" in the same manner and	4370
the same circumstances as are described in that section.	4371

(2) "Sexually violent offense" has the same meaning as in	4372
section 2971.01 of the Revised Code.	4373

Sec. 2929.01.  As used in this chapter:

4374

(A)(1) "Alternative residential facility" means, subject to	4375
division (A)(2) of this section, any facility other than an	4376
offender's home or residence in which an offender is assigned to	4377
live and that satisfies all of the following criteria:	4378

(a) It provides programs through which the offender may seek	4379
or maintain employment or may receive education, training,	4380
treatment, or habilitation.	4381

(b) It has received the appropriate license or certificate	4382
for any specialized education, training, treatment, habilitation,	4383
or other service that it provides from the government agency that	4384
is responsible for licensing or certifying that type of education,	4385
training, treatment, habilitation, or service.	4386

(2) "Alternative residential facility" does not include a	4387
community-based correctional facility, jail, halfway house, or	4388
prison.	4389

(B) "Bad time" means the time by which the parole board	4390
administratively extends an offender's stated prison term or terms	4391
pursuant to section 2967.11 of the Revised Code because the parole	4392
board finds by clear and convincing evidence that the offender,	4393
while serving the prison term or terms, committed an act that is a	4394
criminal offense under the law of this state or the United States,	4395
whether or not the offender is prosecuted for the commission of	4396
that act.	4397

(C) "Basic probation supervision" means a requirement that	4398
the offender maintain contact with a person appointed to supervise	4399
the offender in accordance with sanctions imposed by the court or	4400
imposed by the parole board pursuant to section 2967.28 of the	4401
Revised Code. "Basic probation supervision" includes basic parole	4402
supervision and basic post-release control supervision.	4403

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	4404
"unit dose" have the same meanings as in section 2925.01 of the	4405
Revised Code.	4406

(E) "Community-based correctional facility" means a	4407
community-based correctional facility and program or district	4408
community-based correctional facility and program developed	4409
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	4410

(F) "Community control sanction" means a sanction that is not	4411
a prison term and that is described in section 2929.15, 2929.16,	4412
2929.17, or 2929.18 of the Revised Code or a sanction that is not	4413
a jail term and that is described in section 2929.26, 2929.27, or	4414
2929.28 of the Revised Code. "Community control sanction"	4415
includes probation if the sentence involved was imposed for a	4416
felony that was committed prior to July 1, 1996, or if the	4417
sentence involved was imposed for a misdemeanor that was committed	4418
prior to January 1, 2004.	4419

(G) "Controlled substance," "marihuana," "schedule I," and	4420
"schedule II" have the same meanings as in section 3719.01 of the	4421
Revised Code.	4422

(H) "Curfew" means a requirement that an offender during a	4423
specified period of time be at a designated place.	4424

(I) "Day reporting" means a sanction pursuant to which an	4425
offender is required each day to report to and leave a center or	4426
other approved reporting location at specified times in order to	4427
participate in work, education or training, treatment, and other	4428
approved programs at the center or outside the center.	4429

(J) "Deadly weapon" has the same meaning as in section	4430
2923.11 of the Revised Code.	4431

(K) "Drug and alcohol use monitoring" means a program under	4432
which an offender agrees to submit to random chemical analysis of	4433
the offender's blood, breath, or urine to determine whether the	4434
offender has ingested any alcohol or other drugs.	4435

(L) "Drug treatment program" means any program under which a	4436
person undergoes assessment and treatment designed to reduce or	4437
completely eliminate the person's physical or emotional reliance	4438
upon alcohol, another drug, or alcohol and another drug and under	4439
which the person may be required to receive assessment and	4440
treatment on an outpatient basis or may be required to reside at a	4441
facility other than the person's home or residence while	4442
undergoing assessment and treatment.	4443

(M) "Economic loss" means any economic detriment suffered by	4444
a victim as a direct and proximate result of the commission of an	4445
offense and includes any loss of income due to lost time at work	4446
because of any injury caused to the victim, and any property loss,	4447
medical cost, or funeral expense incurred as a result of the	4448
commission of the offense. "Economic loss" does not include	4449
non-economic loss or any punitive or exemplary damages.	4450

(N) "Education or training" includes study at, or in	4451
conjunction with a program offered by, a university, college, or	4452
technical college or vocational study and also includes the	4453
completion of primary school, secondary school, and literacy	4454
curricula or their equivalent.	4455

(O) "Firearm" has the same meaning as in section 2923.11 of	4456
the Revised Code.	4457

(P) "Halfway house" means a facility licensed by the division	4458
of parole and community services of the department of	4459
rehabilitation and correction pursuant to section 2967.14 of the	4460
Revised Code as a suitable facility for the care and treatment of	4461
adult offenders.	4462

(Q) "House arrest" means a period of confinement of an	4463
offender that is in the offender's home or in other premises	4464
specified by the sentencing court or by the parole board pursuant	4465
to section 2967.28 of the Revised Code and during which all of the	4466
following apply:	4467

(1) The offender is required to remain in the offender's home	4468
or other specified premises for the specified period of	4469
confinement, except for periods of time during which the offender	4470
is at the offender's place of employment or at other premises as	4471
authorized by the sentencing court or by the parole board.	4472

(2) The offender is required to report periodically to a	4473
person designated by the court or parole board.	4474

(3) The offender is subject to any other restrictions and	4475
requirements that may be imposed by the sentencing court or by the	4476
parole board.	4477

(R) "Intensive probation supervision" means a requirement	4478
that an offender maintain frequent contact with a person appointed	4479
by the court, or by the parole board pursuant to section 2967.28	4480
of the Revised Code, to supervise the offender while the offender	4481
is seeking or maintaining necessary employment and participating	4482
in training, education, and treatment programs as required in the	4483
court's or parole board's order. "Intensive probation supervision"	4484
includes intensive parole supervision and intensive post-release	4485
control supervision.	4486

(S) "Jail" means a jail, workhouse, minimum security jail, or	4487
other residential facility used for the confinement of alleged or	4488
convicted offenders that is operated by a political subdivision or	4489
a combination of political subdivisions of this state.	4490

(T) "Jail term" means the term in a jail that a sentencing	4491
court imposes or is authorized to impose pursuant to section	4492
2929.24 or 2929.25 of the Revised Code or pursuant to any other	4493
provision of the Revised Code that authorizes a term in a jail for	4494
a misdemeanor conviction.	4495

(U) "Mandatory jail term" means the term in a jail that a	4496
sentencing court is required to impose pursuant to division (G) of	4497
section 1547.99 of the Revised Code, division (E) of section	4498
2903.06 or division (D) of section 2903.08 of the Revised Code,	4499
division (E) of section 2929.24 of the Revised Code, division (B)	4500
of section 4510.14 of the Revised Code, or division (G) of section	4501
4511.19 of the Revised Code or pursuant to any other provision of	4502
the Revised Code that requires a term in a jail for a misdemeanor	4503
conviction.	4504

(V) "Delinquent child" has the same meaning as in section	4505
2152.02 of the Revised Code.	4506

(W) "License violation report" means a report that is made by	4507
a sentencing court, or by the parole board pursuant to section	4508
2967.28 of the Revised Code, to the regulatory or licensing board	4509
or agency that issued an offender a professional license or a	4510
license or permit to do business in this state and that specifies	4511
that the offender has been convicted of or pleaded guilty to an	4512
offense that may violate the conditions under which the offender's	4513
professional license or license or permit to do business in this	4514
state was granted or an offense for which the offender's	4515
professional license or license or permit to do business in this	4516
state may be revoked or suspended.	4517

(X) "Major drug offender" means an offender who is convicted	4518
of or pleads guilty to the possession of, sale of, or offer to	4519
sell any drug, compound, mixture, preparation, or substance that	4520
consists of or contains at least one thousand grams of hashish; at	4521
least one hundred grams of crack cocaine; at least one thousand	4522
grams of cocaine that is not crack cocaine; at least two thousand	4523
five hundred unit doses or two hundred fifty grams of heroin; at	4524
least five thousand unit doses of L.S.D. or five hundred grams of	4525
L.S.D. in a liquid concentrate, liquid extract, or liquid	4526
distillate form; or at least one hundred times the amount of any	4527
other schedule I or II controlled substance other than marihuana	4528
that is necessary to commit a felony of the third degree pursuant	4529
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	4530
Code that is based on the possession of, sale of, or offer to sell	4531
the controlled substance.	4532

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

4533

(1) Subject to division (Y)(2) of this section, the term in	4534
prison that must be imposed for the offenses or circumstances set	4535
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section	4536
2929.13 and division (D) of section 2929.14 of the Revised Code.	4537
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	4538
and 2925.11 of the Revised Code, unless the maximum or another	4539
specific term is required under section 2929.14 or 2929.142 of the	4540
Revised Code, a mandatory prison term described in this division	4541
may be any prison term authorized for the level of offense.	4542

(2) The term of sixty or one hundred twenty days in prison	4543
that a sentencing court is required to impose for a third or	4544
fourth degree felony OVI offense pursuant to division (G)(2) of	4545
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	4546
of the Revised Code or the term of one, two, three, four, or five	4547
years in prison that a sentencing court is required to impose	4548
pursuant to division (G)(2) of section 2929.13 of the Revised	4549
Code.	4550

(3) The term in prison imposed pursuant to division (A) of	4551
section 2971.03 of the Revised Code for the offenses and in the	4552
circumstances described in division (F)(11) of section 2929.13 of	4553
the Revised Code,or pursuant to division (B)(1)(a), (b), or (c),	4554
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	4555
2971.03 of the Revised Code for the offense of rape committed on	4556
or after the effective date of this amendment in violation of	4557
division (A)(1)(b) of section 2907.02 of the Revised Code,	4558
pursuant to division (B)(2)(a) of section 2971.03 of the Revised	4559
Code for the offense of attempted rape committed on or after the	4560
effective date of this amendment and a specification of the type	4561
described in section 2941.1418 of the Revised Code, pursuant to	4562
division (B)(2)(b) of section 2971.03 of the Revised Code for the	4563
offense of attempted rape committed on or after the effective date	4564
of this amendment and a specification of the type described in	4565
section 2941.1419 of the Revised Code, or pursuant to division	4566
(B)(2)(c) of section 2971.03 of the Revised Code for the offense	4567
of attempted rape committed on or after the effective date of this	4568
amendment and a specification of the type described in section	4569
2941.1420 of the Revised Code and that term as modified or	4570
terminated pursuant to section 2971.05 of the Revised Code.	4571

(Z) "Monitored time" means a period of time during which an	4572
offender continues to be under the control of the sentencing court	4573
or parole board, subject to no conditions other than leading a	4574
law-abiding life.	4575

(AA) "Offender" means a person who, in this state, is	4576
convicted of or pleads guilty to a felony or a misdemeanor.	4577

(BB) "Prison" means a residential facility used for the	4578
confinement of convicted felony offenders that is under the	4579
control of the department of rehabilitation and correction but	4580
does not include a violation sanction center operated under	4581
authority of section 2967.141 of the Revised Code.	4582

(CC) "Prison term" includes any of the following sanctions	4583
for an offender:	4584

(1) A stated prison term;

4585

(2) A term in a prison shortened by, or with the approval of,	4586
the sentencing court pursuant to section 2929.20, 2967.26,	4587
5120.031, 5120.032, or 5120.073 of the Revised Code;	4588

(3) A term in prison extended by bad time imposed pursuant to	4589
section 2967.11 of the Revised Code or imposed for a violation of	4590
post-release control pursuant to section 2967.28 of the Revised	4591
Code.	4592

(DD) "Repeat violent offender" means a person about whom both	4593
of the following apply:	4594

(1) The person is being sentenced for committing or for	4595
complicity in committing any of the following:	4596

(a) Aggravated murder, murder, any felony of the first or	4597
second degree that is an offense of violence, or an attempt to	4598
commit any of these offenses if the attempt is a felony of the	4599
first or second degree;	4600

(b) An offense under an existing or former law of this state,	4601
another state, or the United States that is or was substantially	4602
equivalent to an offense described in division (DD)(1)(a) of this	4603
section.	4604

(2) The person previously was convicted of or pleaded guilty	4605
to an offense described in division (DD)(1)(a) or (b) of this	4606
section.	4607

(EE) "Sanction" means any penalty imposed upon an offender	4608
who is convicted of or pleads guilty to an offense, as punishment	4609
for the offense. "Sanction" includes any sanction imposed pursuant	4610
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	4611
2929.28 of the Revised Code.	4612

(FF) "Sentence" means the sanction or combination of	4613
sanctions imposed by the sentencing court on an offender who is	4614
convicted of or pleads guilty to an offense.	4615

(GG) "Stated prison term" means the prison term, mandatory	4616
prison term, or combination of all prison terms and mandatory	4617
prison terms imposed by the sentencing court pursuant to section	4618
2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated prison	4619
term" includes any credit received by the offender for time spent	4620
in jail awaiting trial, sentencing, or transfer to prison for the	4621
offense and any time spent under house arrest or house arrest with	4622
electronic monitoring imposed after earning credits pursuant to	4623
section 2967.193 of the Revised Code.	4624

(HH) "Victim-offender mediation" means a reconciliation or	4625
mediation program that involves an offender and the victim of the	4626
offense committed by the offender and that includes a meeting in	4627
which the offender and the victim may discuss the offense, discuss	4628
restitution, and consider other sanctions for the offense.	4629

(II) "Fourth degree felony OVI offense" means a violation of	4630
division (A) of section 4511.19 of the Revised Code that, under	4631
division (G) of that section, is a felony of the fourth degree.	4632

(JJ) "Mandatory term of local incarceration" means the term	4633
of sixty or one hundred twenty days in a jail, a community-based	4634
correctional facility, a halfway house, or an alternative	4635
residential facility that a sentencing court may impose upon a	4636
person who is convicted of or pleads guilty to a fourth degree	4637
felony OVI offense pursuant to division (G)(1) of section 2929.13	4638
of the Revised Code and division (G)(1)(d) or (e) of section	4639
4511.19 of the Revised Code.	4640

(KK) "Designated homicide, assault, or kidnapping offense,"	4641
"violent sex offense," "sexual motivation specification,"	4642
"sexually violent offense," "sexually violent predator," and	4643
"sexually violent predator specification" have the same meanings	4644
as in section 2971.01 of the Revised Code.	4645

(LL) "Habitual sex offender," "sexuallySexually oriented	4646
offense," "sexual predator," "registration-exempt sexually	4647
oriented offense," "child-victim oriented offense," "habitualand	4648
"tier III sex offender/child-victim offender," and "child-victim	4649
predator" have the same meanings as in section 2950.01 of the	4650
Revised Code.	4651

(MM) An offense is "committed in the vicinity of a child" if	4652
the offender commits the offense within thirty feet of or within	4653
the same residential unit as a child who is under eighteen years	4654
of age, regardless of whether the offender knows the age of the	4655
child or whether the offender knows the offense is being committed	4656
within thirty feet of or within the same residential unit as the	4657
child and regardless of whether the child actually views the	4658
commission of the offense.	4659

(NN) "Family or household member" has the same meaning as in	4660
section 2919.25 of the Revised Code.	4661

(OO) "Motor vehicle" and "manufactured home" have the same	4662
meanings as in section 4501.01 of the Revised Code.	4663

(PP) "Detention" and "detention facility" have the same	4664
meanings as in section 2921.01 of the Revised Code.	4665

(QQ) "Third degree felony OVI offense" means a violation of	4666
division (A) of section 4511.19 of the Revised Code that, under	4667
division (G) of that section, is a felony of the third degree.	4668

(RR) "Random drug testing" has the same meaning as in section	4669
5120.63 of the Revised Code.	4670

(SS) "Felony sex offense" has the same meaning as in section	4671
2967.28 of the Revised Code.	4672

(TT) "Body armor" has the same meaning as in section	4673
2941.1411 of the Revised Code.	4674

(UU) "Electronic monitoring" means monitoring through the use	4675
of an electronic monitoring device.	4676

(VV) "Electronic monitoring device" means any of the	4677
following:	4678

(1) Any device that can be operated by electrical or battery	4679
power and that conforms with all of the following:	4680

(a) The device has a transmitter that can be attached to a	4681
person, that will transmit a specified signal to a receiver of the	4682
type described in division (VV)(1)(b) of this section if the	4683
transmitter is removed from the person, turned off, or altered in	4684
any manner without prior court approval in relation to electronic	4685
monitoring or without prior approval of the department of	4686
rehabilitation and correction in relation to the use of an	4687
electronic monitoring device for an inmate on transitional control	4688
or otherwise is tampered with, that can transmit continuously and	4689
periodically a signal to that receiver when the person is within a	4690
specified distance from the receiver, and that can transmit an	4691
appropriate signal to that receiver if the person to whom it is	4692
attached travels a specified distance from that receiver.	4693

(b) The device has a receiver that can receive continuously	4694
the signals transmitted by a transmitter of the type described in	4695
division (VV)(1)(a) of this section, can transmit continuously	4696
those signals by telephone to a central monitoring computer of the	4697
type described in division (VV)(1)(c) of this section, and can	4698
transmit continuously an appropriate signal to that central	4699
monitoring computer if the receiver is turned off or altered	4700
without prior court approval or otherwise tampered with.	4701

(c) The device has a central monitoring computer that can	4702
receive continuously the signals transmitted by telephone by a	4703
receiver of the type described in division (VV)(1)(b) of this	4704
section and can monitor continuously the person to whom an	4705
electronic monitoring device of the type described in division	4706
(VV)(1)(a) of this section is attached.	4707

(2) Any device that is not a device of the type described in	4708
division (VV)(1) of this section and that conforms with all of the	4709
following:	4710

(a) The device includes a transmitter and receiver that can	4711
monitor and determine the location of a subject person at any	4712
time, or at a designated point in time, through the use of a	4713
central monitoring computer or through other electronic means.	4714

(b) The device includes a transmitter and receiver that can	4715
determine at any time, or at a designated point in time, through	4716
the use of a central monitoring computer or other electronic means	4717
the fact that the transmitter is turned off or altered in any	4718
manner without prior approval of the court in relation to the	4719
electronic monitoring or without prior approval of the department	4720
of rehabilitation and correction in relation to the use of an	4721
electronic monitoring device for an inmate on transitional control	4722
or otherwise is tampered with.	4723

(3) Any type of technology that can adequately track or	4724
determine the location of a subject person at any time and that is	4725
approved by the director of rehabilitation and correction,	4726
including, but not limited to, any satellite technology, voice	4727
tracking system, or retinal scanning system that is so approved.	4728

(WW) "Non-economic loss" means nonpecuniary harm suffered by	4729
a victim of an offense as a result of or related to the commission	4730
of the offense, including, but not limited to, pain and suffering;	4731
loss of society, consortium, companionship, care, assistance,	4732
attention, protection, advice, guidance, counsel, instruction,	4733
training, or education; mental anguish; and any other intangible	4734
loss.	4735

(XX) "Prosecutor" has the same meaning as in section 2935.01	4736
of the Revised Code.	4737

(YY) "Continuous alcohol monitoring" means the ability to	4738
automatically test and periodically transmit alcohol consumption	4739
levels and tamper attempts at least every hour, regardless of the	4740
location of the person who is being monitored.	4741

(ZZ) A person is "adjudicated a sexually violent predator" if	4742
the person is convicted of or pleads guilty to a violent sex	4743
offense and also is convicted of or pleads guilty to a sexually	4744
violent predator specification that was included in the	4745
indictment, count in the indictment, or information charging that	4746
violent sex offense or if the person is convicted of or pleads	4747
guilty to a designated homicide, assault, or kidnapping offense	4748
and also is convicted of or pleads guilty to both a sexual	4749
motivation specification and a sexually violent predator	4750
specification that were included in the indictment, count in the	4751
indictment, or information charging that designated homicide,	4752
assault, or kidnapping offense.	4753

Sec. 2929.02.  (A) Whoever is convicted of or pleads guilty	4754
to aggravated murder in violation of section 2903.01 of the	4755
Revised Code shall suffer death or be imprisoned for life, as	4756
determined pursuant to sections 2929.022, 2929.03, and 2929.04 of	4757
the Revised Code, except that no person who raises the matter of	4758
age pursuant to section 2929.023 of the Revised Code and who is	4759
not found to have been eighteen years of age or older at the time	4760
of the commission of the offense shall suffer death. In addition,	4761
the offender may be fined an amount fixed by the court, but not	4762
more than twenty-five thousand dollars.	4763

(B) Whoever(1) Except as otherwise provided in division	4764
(B)(2) or (3) of this section, whoever is convicted of or pleads	4765
guilty to murder in violation of section 2903.02 of the Revised	4766
Code shall be imprisoned for an indefinite term of fifteen years	4767
to life, except that, if the offender.	4768

(2) Except as otherwise provided in division (B)(3) of this	4769
section, if a person is convicted of or pleads guilty to murder in	4770
violation of section 2903.02 of the Revised Code, the victim of	4771
the offense was less than thirteen years of age, and the offender	4772
also is convicted of or pleads guilty to a sexual motivation	4773
specification that was included in the indictment, count in the	4774
indictment, or information charging the offense, the court shall	4775
impose an indefinite prison term of thirty years to life pursuant	4776
to division (B)(3) of section 2971.03 of the Revised Code.	4777

(3) If a person is convicted of or pleads guilty to murder in	4778
violation of section 2903.02 of the Revised Code and also is	4779
convicted of or pleads guilty to a sexual motivation specification	4780
and a sexually violent predator specification that were included	4781
in the indictment, count in the indictment, or information that	4782
charged the murder, the court shall impose upon the offender a	4783
term of life imprisonment without parole that shall be served	4784
pursuant to section 2971.03 of the Revised Code. In	4785

(4) In addition, the offender may be fined an amount fixed by	4786
the court, but not more than fifteen thousand dollars.	4787

(C) The court shall not impose a fine or fines for aggravated	4788
murder or murder which, in the aggregate and to the extent not	4789
suspended by the court, exceeds the amount which the offender is	4790
or will be able to pay by the method and within the time allowed	4791
without undue hardship to the offender or to the dependents of the	4792
offender, or will prevent the offender from making reparation for	4793
the victim's wrongful death.	4794

(D)(1) In addition to any other sanctions imposed for a	4795
violation of section 2903.01 or 2903.02 of the Revised Code, if	4796
the offender used a motor vehicle as the means to commit the	4797
violation, the court shall impose upon the offender a class two	4798
suspension of the offender's driver's license, commercial driver's	4799
license, temporary instruction permit, probationary license, or	4800
nonresident operating privilege as specified in division (A)(2) of	4801
section 4510.02 of the Revised Code.	4802

(2) As used in division (D) of this section, "motor vehicle"	4803
has the same meaning as in section 4501.01 of the Revised Code.	4804

Sec. 2929.022.  (A) If an indictment or count in an	4805
indictment charging a defendant with aggravated murder contains a	4806
specification of the aggravating circumstance of a prior	4807
conviction listed in division (A)(5) of section 2929.04 of the	4808
Revised Code, the defendant may elect to have the panel of three	4809
judges, if hethe defendant waives trial by jury, or the trial	4810
judge, if hethe defendant is tried by jury, determine the	4811
existence of that aggravating circumstance at the sentencing	4812
hearing held pursuant to divisions (C) and (D) of section 2929.03	4813
of the Revised Code.	4814

(1) If the defendant does not elect to have the existence of	4815
the aggravating circumstance determined at the sentencing hearing,	4816
the defendant shall be tried on the charge of aggravated murder,	4817
on the specification of the aggravating circumstance of a prior	4818
conviction listed in division (A)(5) of section 2929.04 of the	4819
Revised Code, and on any other specifications of an aggravating	4820
circumstance listed in division (A) of section 2929.04 of the	4821
Revised Code in a single trial as in any other criminal case in	4822
which a person is charged with aggravated murder and	4823
specifications.	4824

(2) If the defendant does elect to have the existence of the	4825
aggravating circumstance of a prior conviction listed in division	4826
(A)(5) of section 2929.04 of the Revised Code determined at the	4827
sentencing hearing, then, following a verdict of guilty of the	4828
charge of aggravated murder, the panel of three judges or the	4829
trial judge shall:	4830

(a) Hold a sentencing hearing pursuant to division (B) of	4831
this section, unless required to do otherwise under division	4832
(A)(2)(b) of this section;	4833

(b) If the offender raises the matter of age at trial	4834
pursuant to section 2929.023 of the Revised Code and is not found	4835
at trial to have been eighteen years of age or older at the time	4836
of the commission of the offense, conduct a hearing to determine	4837
if the specification of the aggravating circumstance of a prior	4838
conviction listed in division (A)(5) of section 2929.04 of the	4839
Revised Code is proven beyond a reasonable doubt. After conducting	4840
the hearing, the panel or judge shall proceed as follows:	4841

(i) If that aggravating circumstance is proven beyond a	4842
reasonable doubt or if the defendant at trial was convicted of any	4843
other specification of an aggravating circumstance, the panel or	4844
judge shall impose sentence according to division (E) of section	4845
2929.03 of the Revised Code;.	4846

(ii) If that aggravating circumstance is not proven beyond a	4847
reasonable doubt and the defendant at trial was not convicted of	4848
any other specification of an aggravating circumstance, except as	4849
otherwise provided in this division, the panel or judge shall	4850
impose sentence of life imprisonment with parole eligibility after	4851
serving twenty years of imprisonment on the offender. If that	4852
aggravating circumstance is not proven beyond a reasonable doubt,	4853
the defendant at trial was not convicted of any other	4854
specification of an aggravating circumstance, the victim of the	4855
aggravated murder was less than thirteen years of age, and the	4856
offender also is convicted of or pleads guilty to a sexual	4857
motivation specification that was included in the indictment,	4858
count in the indictment, or information charging the offense, the	4859
panel or judge shall sentence the offender pursuant to division	4860
(B)(3) of section 2971.03 of the Revised Code to an indefinite	4861
term consisting of a minimum term of thirty years and a maximum	4862
term of life imprisonment.	4863

(B) At the sentencing hearing, the panel of judges, if the	4864
defendant was tried by a panel of three judges, or the trial	4865
judge, if the defendant was tried by jury, shall, when required	4866
pursuant to division (A)(2) of this section, first determine if	4867
the specification of the aggravating circumstance of a prior	4868
conviction listed in division (A)(5) of section 2929.04 of the	4869
Revised Code is proven beyond a reasonable doubt. If the panel of	4870
judges or the trial judge determines that the specification of the	4871
aggravating circumstance of a prior conviction listed in division	4872
(A)(5) of section 2929.04 of the Revised Code is proven beyond a	4873
reasonable doubt or if they do not determine that the	4874
specification is proven beyond a reasonable doubt but the	4875
defendant at trial was convicted of a specification of any other	4876
aggravating circumstance listed in division (A) of section 2929.04	4877
of the Revised Code, the panel of judges or the trial judge and	4878
trial jury shall impose sentence on the offender pursuant to	4879
division (D) of section 2929.03 and section 2929.04 of the Revised	4880
Code. If the panel of judges or the trial judge does not determine	4881
that the specification of the aggravating circumstance of a prior	4882
conviction listed in division (A)(5) of section 2929.04 of the	4883
Revised Code is proven beyond a reasonable doubt and the defendant	4884
at trial was not convicted of any other specification of an	4885
aggravating circumstance listed in division (A) of section 2929.04	4886
of the Revised Code, the panel of judges or the trial judge shall	4887
terminate the sentencing hearing and impose sentence on the	4888
offender as follows:	4889

(1) Subject to division (B)(2) of this section, the panel or	4890
judge shall impose a sentence of life imprisonment with parole	4891
eligibility after serving twenty years of imprisonment on the	4892
offender.	4893

(2) If the victim of the aggravated murder was less than	4894
thirteen years of age and the offender also is convicted of or	4895
pleads guilty to a sexual motivation specification that was	4896
included in the indictment, count in the indictment, or	4897
information charging the offense, the panel or judge shall	4898
sentence the offender pursuant to division (B)(3) of section	4899
2971.03 of the Revised Code to an indefinite term consisting of a	4900
minimum term of thirty years and a maximum term of life	4901
imprisonment.	4902

Sec. 2929.03.  (A) If the indictment or count in the	4903
indictment charging aggravated murder does not contain one or more	4904
specifications of aggravating circumstances listed in division (A)	4905
of section 2929.04 of the Revised Code, then, following a verdict	4906
of guilty of the charge of aggravated murder, the trial court	4907
shall impose sentence on the offender as follows:	4908

(1) Except as provided in division (A)(2) of this section,	4909
the trial court shall impose one of the following sentences on the	4910
offender:	4911

(a) Life imprisonment without parole;

4912

(b) LifeSubject to division (A)(1)(e) of this section, life	4913
imprisonment with parole eligibility after serving twenty years of	4914
imprisonment;	4915

(c) LifeSubject to division (A)(1)(e) of this section, life	4916
imprisonment with parole eligibility after serving twenty-five	4917
full years of imprisonment;	4918

(d) LifeSubject to division (A)(1)(e) of this section, life	4919
imprisonment with parole eligibility after serving thirty full	4920
years of imprisonment;	4921

(e) If the victim of the aggravated murder was less than	4922
thirteen years of age, the offender also is convicted of or pleads	4923
guilty to a sexual motivation specification that was included in	4924
the indictment, count in the indictment, or information charging	4925
the offense, and the trial court does not impose a sentence of	4926
life imprisonment without parole on the offender pursuant to	4927
division (A)(1)(a) of this section, the trial court shall sentence	4928
the offender pursuant to division (B)(3) of section 2971.03 of the	4929
Revised Code to an indefinite term consisting of a minimum term of	4930
thirty years and a maximum term of life imprisonment that shall be	4931
served pursuant to that section.	4932

(2) If the offender also is convicted of or pleads guilty to	4933
a sexual motivation specification and a sexually violent predator	4934
specification that are included in the indictment, count in the	4935
indictment, or information that charged the aggravated murder, the	4936
trial court shall impose upon the offender a sentence of life	4937
imprisonment without parole that shall be served pursuant to	4938
section 2971.03 of the Revised Code.	4939

(B) If the indictment or count in the indictment charging	4940
aggravated murder contains one or more specifications of	4941
aggravating circumstances listed in division (A) of section	4942
2929.04 of the Revised Code, the verdict shall separately state	4943
whether the accused is found guilty or not guilty of the principal	4944
charge and, if guilty of the principal charge, whether the	4945
offender was eighteen years of age or older at the time of the	4946
commission of the offense, if the matter of age was raised by the	4947
offender pursuant to section 2929.023 of the Revised Code, and	4948
whether the offender is guilty or not guilty of each	4949
specification. The jury shall be instructed on its duties in this	4950
regard. The instruction to the jury shall include an instruction	4951
that a specification shall be proved beyond a reasonable doubt in	4952
order to support a guilty verdict on the specification, but the	4953
instruction shall not mention the penalty that may be the	4954
consequence of a guilty or not guilty verdict on any charge or	4955
specification.	4956

(C)(1) If the indictment or count in the indictment charging	4957
aggravated murder contains one or more specifications of	4958
aggravating circumstances listed in division (A) of section	4959
2929.04 of the Revised Code, then, following a verdict of guilty	4960
of the charge but not guilty of each of the specifications, and	4961
regardless of whether the offender raised the matter of age	4962
pursuant to section 2929.023 of the Revised Code, the trial court	4963
shall impose sentence on the offender as follows:	4964

(a) Except as provided in division (C)(1)(b) of this section,	4965
the trial court shall impose one of the following sentences on the	4966
offender:	4967

(i) Life imprisonment without parole;

4968

(ii) LifeSubject to division (C)(1)(a)(v) of this section,	4969
life imprisonment with parole eligibility after serving twenty	4970
years of imprisonment;	4971

(iii) LifeSubject to division (C)(1)(a)(v) of this section,	4972
life imprisonment with parole eligibility after serving	4973
twenty-five full years of imprisonment;	4974

(iv) LifeSubject to division (C)(1)(a)(v) of this section,	4975
life imprisonment with parole eligibility after serving thirty	4976
full years of imprisonment;	4977

(v) If the victim of the aggravated murder was less than	4978
thirteen years of age, the offender also is convicted of or pleads	4979
guilty to a sexual motivation specification that was included in	4980
the indictment, count in the indictment, or information charging	4981
the offense, and the trial court does not impose a sentence of	4982
life imprisonment without parole on the offender pursuant to	4983
division (C)(1)(a)(i) of this section, the trial court shall	4984
sentence the offender pursuant to division (B)(3) of section	4985
2971.03 of the Revised Code to an indefinite term consisting of a	4986
minimum term of thirty years and a maximum term of life	4987
imprisonment.	4988

(b) If the offender also is convicted of or pleads guilty to	4989
a sexual motivation specification and a sexually violent predator	4990
specification that are included in the indictment, count in the	4991
indictment, or information that charged the aggravated murder, the	4992
trial court shall impose upon the offender a sentence of life	4993
imprisonment without parole that shall be served pursuant to	4994
section 2971.03 of the Revised Code.	4995

(2)(a) If the indictment or count in the indictment contains	4996
one or more specifications of aggravating circumstances listed in	4997
division (A) of section 2929.04 of the Revised Code and if the	4998
offender is found guilty of both the charge and one or more of the	4999
specifications, the penalty to be imposed on the offender shall be	5000
one of the following:	5001

(i) Except as provided in division (C)(2)(a)(ii) or (iii) of	5002
this section, the penalty to be imposed on the offender shall be	5003
death, life imprisonment without parole, life imprisonment with	5004
parole eligibility after serving twenty-five full years of	5005
imprisonment, or life imprisonment with parole eligibility after	5006
serving thirty full years of imprisonment.	5007

(ii) Except as provided in division (C)(2)(a)(iii) of this	5008
section, if the victim of the aggravated murder was less than	5009
thirteen years of age, the offender also is convicted of or pleads	5010
guilty to a sexual motivation specification that was included in	5011
the indictment, count in the indictment, or information charging	5012
the offense, and the trial court does not impose a sentence of	5013
death or life imprisonment without parole on the offender pursuant	5014
to division (C)(2)(a)(i) of this section, the penalty to be	5015
imposed on the offender shall be an indefinite term consisting of	5016
a minimum term of thirty years and a maximum term of life	5017
imprisonment that shall be imposed pursuant to division (B)(3) of	5018
section 2971.03 of the Revised Code and served pursuant to that	5019
section.	5020

(iii) If the offender also is convicted of or pleads guilty	5021
to a sexual motivation specification and a sexually violent	5022
predator specification that are included in the indictment, count	5023
in the indictment, or information that charged the aggravated	5024
murder, the penalty to be imposed on the offender shall be death	5025
or life imprisonment without parole that shall be served pursuant	5026
to section 2971.03 of the Revised Code.	5027

(b) A penalty imposed pursuant to division (C)(2)(a)(i) or,	5028
(ii), or (iii) of this section shall be determined pursuant to	5029
divisions (D) and (E) of this section and shall be determined by	5030
one of the following:	5031

(i) By the panel of three judges that tried the offender upon	5032
the offender's waiver of the right to trial by jury;	5033

(ii) By the trial jury and the trial judge, if the offender	5034
was tried by jury.	5035

(D)(1) Death may not be imposed as a penalty for aggravated	5036
murder if the offender raised the matter of age at trial pursuant	5037
to section 2929.023 of the Revised Code and was not found at trial	5038
to have been eighteen years of age or older at the time of the	5039
commission of the offense. When death may be imposed as a penalty	5040
for aggravated murder, the court shall proceed under this	5041
division. When death may be imposed as a penalty, the court, upon	5042
the request of the defendant, shall require a pre-sentence	5043
investigation to be made and, upon the request of the defendant,	5044
shall require a mental examination to be made, and shall require	5045
reports of the investigation and of any mental examination	5046
submitted to the court, pursuant to section 2947.06 of the Revised	5047
Code. No statement made or information provided by a defendant in	5048
a mental examination or proceeding conducted pursuant to this	5049
division shall be disclosed to any person, except as provided in	5050
this division, or be used in evidence against the defendant on the	5051
issue of guilt in any retrial. A pre-sentence investigation or	5052
mental examination shall not be made except upon request of the	5053
defendant. Copies of any reports prepared under this division	5054
shall be furnished to the court, to the trial jury if the offender	5055
was tried by a jury, to the prosecutor, and to the offender or the	5056
offender's counsel for use under this division. The court, and the	5057
trial jury if the offender was tried by a jury, shall consider any	5058
report prepared pursuant to this division and furnished to it and	5059
any evidence raised at trial that is relevant to the aggravating	5060
circumstances the offender was found guilty of committing or to	5061
any factors in mitigation of the imposition of the sentence of	5062
death, shall hear testimony and other evidence that is relevant to	5063
the nature and circumstances of the aggravating circumstances the	5064
offender was found guilty of committing, the mitigating factors	5065
set forth in division (B) of section 2929.04 of the Revised Code,	5066
and any other factors in mitigation of the imposition of the	5067
sentence of death, and shall hear the statement, if any, of the	5068
offender, and the arguments, if any, of counsel for the defense	5069
and prosecution, that are relevant to the penalty that should be	5070
imposed on the offender. The defendant shall be given great	5071
latitude in the presentation of evidence of the mitigating factors	5072
set forth in division (B) of section 2929.04 of the Revised Code	5073
and of any other factors in mitigation of the imposition of the	5074
sentence of death. If the offender chooses to make a statement,	5075
the offender is subject to cross-examination only if the offender	5076
consents to make the statement under oath or affirmation.	5077

The defendant shall have the burden of going forward with the	5078
evidence of any factors in mitigation of the imposition of the	5079
sentence of death. The prosecution shall have the burden of	5080
proving, by proof beyond a reasonable doubt, that the aggravating	5081
circumstances the defendant was found guilty of committing are	5082
sufficient to outweigh the factors in mitigation of the imposition	5083
of the sentence of death.	5084

(2) Upon consideration of the relevant evidence raised at	5085
trial, the testimony, other evidence, statement of the offender,	5086
arguments of counsel, and, if applicable, the reports submitted	5087
pursuant to division (D)(1) of this section, the trial jury, if	5088
the offender was tried by a jury, shall determine whether the	5089
aggravating circumstances the offender was found guilty of	5090
committing are sufficient to outweigh the mitigating factors	5091
present in the case. If the trial jury unanimously finds, by proof	5092
beyond a reasonable doubt, that the aggravating circumstances the	5093
offender was found guilty of committing outweigh the mitigating	5094
factors, the trial jury shall recommend to the court that the	5095
sentence of death be imposed on the offender. Absent such a	5096
finding, the jury shall recommend that the offender be sentenced	5097
to one of the following:	5098

(a) Except as provided in division (D)(2)(b) or (c) of this	5099
section, to life imprisonment without parole, life imprisonment	5100
with parole eligibility after serving twenty-five full years of	5101
imprisonment, or life imprisonment with parole eligibility after	5102
serving thirty full years of imprisonment;	5103

(b) Except as provided in division (D)(2)(c) of this section,	5104
if the victim of the aggravated murder was less than thirteen	5105
years of age, the offender also is convicted of or pleads guilty	5106
to a sexual motivation specification that was included in the	5107
indictment, count in the indictment, or information charging the	5108
offense, and the jury does not recommend a sentence of life	5109
imprisonment without parole pursuant to division (D)(2)(a) of this	5110
section, to an indefinite term consisting of a minimum term of	5111
thirty years and a maximum term of life imprisonment to be imposed	5112
pursuant to division (B)(3) of section 2971.03 of the Revised Code	5113
and served pursuant to that section.	5114

(c) If the offender also is convicted of or pleads guilty to	5115
a sexual motivation specification and a sexually violent predator	5116
specification that are included in the indictment, count in the	5117
indictment, or information that charged the aggravated murder, to	5118
life imprisonment without parole.	5119

If the trial jury recommends that the offender be sentenced	5120
to life imprisonment without parole, life imprisonment with parole	5121
eligibility after serving twenty-five full years of imprisonment,	5122
or life imprisonment with parole eligibility after serving thirty	5123
full years of imprisonment, or an indefinite term consisting of a	5124
minimum term of thirty years and a maximum term of life	5125
imprisonment to be imposed pursuant to division (B)(3) of section	5126
2971.03 of the Revised Code, the court shall impose the sentence	5127
recommended by the jury upon the offender. If the sentence is an	5128
indefinite term consisting of a minimum term of thirty years and a	5129
maximum term of life imprisonment imposed as described in division	5130
(D)(2)(b) of this section or a sentence of life imprisonment	5131
without parole imposed under division (D)(2)(b)(c) of this	5132
section, the sentence shall be served pursuant to section 2971.03	5133
of the Revised Code. If the trial jury recommends that the	5134
sentence of death be imposed upon the offender, the court shall	5135
proceed to impose sentence pursuant to division (D)(3) of this	5136
section.	5137

(3) Upon consideration of the relevant evidence raised at	5138
trial, the testimony, other evidence, statement of the offender,	5139
arguments of counsel, and, if applicable, the reports submitted to	5140
the court pursuant to division (D)(1) of this section, if, after	5141
receiving pursuant to division (D)(2) of this section the trial	5142
jury's recommendation that the sentence of death be imposed, the	5143
court finds, by proof beyond a reasonable doubt, or if the panel	5144
of three judges unanimously finds, by proof beyond a reasonable	5145
doubt, that the aggravating circumstances the offender was found	5146
guilty of committing outweigh the mitigating factors, it shall	5147
impose sentence of death on the offender. Absent such a finding by	5148
the court or panel, the court or the panel shall impose one of the	5149
following sentences on the offender:	5150

(a) Except as provided in division (D)(3)(b) of this section,	5151
one of the following:	5152

(i) Life imprisonment without parole;

5153

(ii) LifeSubject to division (D)(3)(a)(iv) of this section,	5154
life imprisonment with parole eligibility after serving	5155
twenty-five full years of imprisonment;	5156

(iii) LifeSubject to division (D)(3)(a)(iv) of this section,	5157
life imprisonment with parole eligibility after serving thirty	5158
full years of imprisonment;	5159

(iv) If the victim of the aggravated murder was less than	5160
thirteen years of age, the offender also is convicted of or pleads	5161
guilty to a sexual motivation specification that was included in	5162
the indictment, count in the indictment, or information charging	5163
the offense, and the trial court does not impose a sentence of	5164
life imprisonment without parole on the offender pursuant to	5165
division (D)(3)(a)(i) of this section, the court or panel shall	5166
sentence the offender pursuant to division (B)(3) of section	5167
2971.03 of the Revised Code to an indefinite term consisting of a	5168
minimum term of thirty years and a maximum term of life	5169
imprisonment.	5170

(b) If the offender also is convicted of or pleads guilty to	5171
a sexual motivation specification and a sexually violent predator	5172
specification that are included in the indictment, count in the	5173
indictment, or information that charged the aggravated murder,	5174
life imprisonment without parole that shall be served pursuant to	5175
section 2971.03 of the Revised Code.	5176

(E) If the offender raised the matter of age at trial	5177
pursuant to section 2929.023 of the Revised Code, was convicted of	5178
aggravated murder and one or more specifications of an aggravating	5179
circumstance listed in division (A) of section 2929.04 of the	5180
Revised Code, and was not found at trial to have been eighteen	5181
years of age or older at the time of the commission of the	5182
offense, the court or the panel of three judges shall not impose a	5183
sentence of death on the offender. Instead, the court or panel	5184
shall impose one of the following sentences on the offender:	5185

(1) Except as provided in division (E)(2) of this section,	5186
one of the following:	5187

(a) Life imprisonment without parole;

5188

(b) LifeSubject to division (E)(2)(d) of this section, life	5189
imprisonment with parole eligibility after serving twenty-five	5190
full years of imprisonment;	5191

(c) LifeSubject to division (E)(2)(d) of this section, life	5192
imprisonment with parole eligibility after serving thirty full	5193
years of imprisonment;	5194

(d) If the victim of the aggravated murder was less than	5195
thirteen years of age, the offender also is convicted of or pleads	5196
guilty to a sexual motivation specification that was included in	5197
the indictment, count in the indictment, or information charging	5198
the offense, and the trial court does not impose a sentence of	5199
life imprisonment without parole on the offender pursuant to	5200
division (E)(2)(a) of this section, the court or panel shall	5201
sentence the offender pursuant to division (B)(3) of section	5202
2971.03 of the Revised Code to an indefinite term consisting of a	5203
minimum term of thirty years and a maximum term of life	5204
imprisonment.	5205

(2) If the offender also is convicted of or pleads guilty to	5206
a sexual motivation specification and a sexually violent predator	5207
specification that are included in the indictment, count in the	5208
indictment, or information that charged the aggravated murder,	5209
life imprisonment without parole that shall be served pursuant to	5210
section 2971.03 of the Revised Code.	5211

(F) The court or the panel of three judges, when it imposes	5212
sentence of death, shall state in a separate opinion its specific	5213
findings as to the existence of any of the mitigating factors set	5214
forth in division (B) of section 2929.04 of the Revised Code, the	5215
existence of any other mitigating factors, the aggravating	5216
circumstances the offender was found guilty of committing, and the	5217
reasons why the aggravating circumstances the offender was found	5218
guilty of committing were sufficient to outweigh the mitigating	5219
factors. The court or panel, when it imposes life imprisonment or	5220
an indefinite term consisting of a minimum term of thirty years	5221
and a maximum term of life imprisonment under division (D) of this	5222
section, shall state in a separate opinion its specific findings	5223
of which of the mitigating factors set forth in division (B) of	5224
section 2929.04 of the Revised Code it found to exist, what other	5225
mitigating factors it found to exist, what aggravating	5226
circumstances the offender was found guilty of committing, and why	5227
it could not find that these aggravating circumstances were	5228
sufficient to outweigh the mitigating factors. For cases in which	5229
a sentence of death is imposed for an offense committed before	5230
January 1, 1995, the court or panel shall file the opinion	5231
required to be prepared by this division with the clerk of the	5232
appropriate court of appeals and with the clerk of the supreme	5233
court within fifteen days after the court or panel imposes	5234
sentence. For cases in which a sentence of death is imposed for an	5235
offense committed on or after January 1, 1995, the court or panel	5236
shall file the opinion required to be prepared by this division	5237
with the clerk of the supreme court within fifteen days after the	5238
court or panel imposes sentence. The judgment in a case in which a	5239
sentencing hearing is held pursuant to this section is not final	5240
until the opinion is filed.	5241

(G)(1) Whenever the court or a panel of three judges imposes	5242
a sentence of death for an offense committed before January 1,	5243
1995, the clerk of the court in which the judgment is rendered	5244
shall deliver the entire record in the case to the appellate	5245
court.	5246

(2) Whenever the court or a panel of three judges imposes a	5247
sentence of death for an offense committed on or after January 1,	5248
1995, the clerk of the court in which the judgment is rendered	5249
shall deliver the entire record in the case to the supreme court.	5250

Sec. 2929.06.  (A) If a sentence of death imposed upon an	5251
offender is set aside, nullified, or vacated because the court of	5252
appeals, in a case in which a sentence of death was imposed for an	5253
offense committed before January 1, 1995, or the supreme court, in	5254
cases in which the supreme court reviews the sentence upon appeal,	5255
could not affirm the sentence of death under the standards imposed	5256
by section 2929.05 of the Revised Code, is set aside, nullified,	5257
or vacated for the sole reason that the statutory procedure for	5258
imposing the sentence of death that is set forth in sections	5259
2929.03 and 2929.04 of the Revised Code is unconstitutional, is	5260
set aside, nullified, or vacated pursuant to division (C) of	5261
section 2929.05 of the Revised Code, or is set aside, nullified,	5262
or vacated because a court has determined that the offender is	5263
mentally retarded under standards set forth in decisions of the	5264
supreme court of this state or the United States supreme court,	5265
the trial court that sentenced the offender shall conduct a	5266
hearing to resentence the offender. At the resentencing hearing,	5267
the court shall impose upon the offender a sentence of life	5268
imprisonment or an indefinite term consisting of a minimum term of	5269
thirty years and a maximum term of life imprisonment that is	5270
determined as specified in this division. TheIf division (D) of	5271
section 2929.03 of the Revised Code, at the time the offender	5272
committed the aggravated murder for which the sentence of death	5273
was imposed, required the imposition when a sentence of death was	5274
not imposed of a sentence of life imprisonment without parole or a	5275
sentence of an indefinite term consisting of a minimum term of	5276
thirty years and a maximum term of life imprisonment to be imposed	5277
pursuant to division (A) or (B)(3) of section 2971.03 of the	5278
Revised Code and served pursuant to that section, the court shall	5279
impose the sentence so required. In all other cases, the sentences	5280
of life imprisonment that are available at the hearing, and from	5281
which the court shall impose sentence, shall be the same sentences	5282
of life imprisonment that were available under division (D) of	5283
section 2929.03 or under section 2909.24 of the Revised Code at	5284
the time the offender committed the offense for which the sentence	5285
of death was imposed. Nothing in this division regarding the	5286
resentencing of an offender shall affect the operation of section	5287
2971.03 of the Revised Code.	5288

(B) Whenever any court of this state or any federal court	5289
sets aside, nullifies, or vacates a sentence of death imposed upon	5290
an offender because of error that occurred in the sentencing phase	5291
of the trial and if division (A) of this section does not apply,	5292
the trial court that sentenced the offender shall conduct a new	5293
hearing to resentence the offender. If the offender was tried by a	5294
jury, the trial court shall impanel a new jury for the hearing. If	5295
the offender was tried by a panel of three judges, that panel or,	5296
if necessary, a new panel of three judges shall conduct the	5297
hearing. At the hearing, the court or panel shall follow the	5298
procedure set forth in division (D) of section 2929.03 of the	5299
Revised Code in determining whether to impose upon the offender a	5300
sentence of death or, a sentence of life imprisonment, or an	5301
indefinite term consisting of a minimum term of thirty years and a	5302
maximum term of life imprisonment. If, pursuant to that procedure,	5303
the court or panel determines that it will impose a sentence of	5304
life imprisonmentother than a sentence of death, the court or	5305
panel shall impose upon the offender one of the sentences of life	5306
imprisonment that could have been imposed at the time the offender	5307
committed the offense for which the sentence of death was imposed,	5308
determined as specified in this division, or an indefinite term	5309
consisting of a minimum term of thirty years and a maximum term of	5310
life imprisonment that is determined as specified in this	5311
division. If division (D) of section 2929.03 of the Revised Code,	5312
at the time the offender committed the aggravated murder for which	5313
the sentence of death was imposed, required the imposition when a	5314
sentence of death was not imposed of a sentence of life	5315
imprisonment without parole or a sentence of an indefinite term	5316
consisting of a minimum term of thirty years and a maximum term of	5317
life imprisonment to be imposed pursuant to division (A) or (B)(3)	5318
of section 2971.03 of the Revised Code and served pursuant to that	5319
section, the court or panel shall impose the sentence so required.	5320
In all other cases, the sentences of life imprisonment that are	5321
available at the hearing, and from which the court or panel shall	5322
impose sentence, shall be the same sentences of life imprisonment	5323
that were available under division (D) of section 2929.03 or under	5324
section 2909.24 of the Revised Code at the time the offender	5325
committed the offense for which the sentence of death was imposed.	5326

(C) If a sentence of life imprisonment without parole imposed	5327
upon an offender pursuant to section 2929.021 or 2929.03 of the	5328
Revised Code is set aside, nullified, or vacated for the sole	5329
reason that the statutory procedure for imposing the sentence of	5330
life imprisonment without parole that is set forth in sections	5331
2929.03 and 2929.04 of the Revised Code is unconstitutional, the	5332
trial court that sentenced the offender shall conduct a hearing to	5333
resentence the offender to life imprisonment with parole	5334
eligibility after serving twenty-five full years of imprisonment	5335
or to life imprisonment with parole eligibility after serving	5336
thirty full years of imprisonment.	5337

(D) Nothing in this section limits or restricts the rights of	5338
the state to appeal any order setting aside, nullifying, or	5339
vacating a conviction or sentence of death, when an appeal of that	5340
nature otherwise would be available.	5341

(E) This section, as amended by H.B. 184 of the 125th General	5342
Assemblygeneral assembly, shall apply to all offenders who have	5343
been sentenced to death for an aggravated murder that was	5344
committed on or after October 19, 1981, or for terrorism that was	5345
committed on or after May 15, 2002. This section, as amended by	5346
H.B. 184 of the 125th general assembly, shall apply equally to all	5347
such offenders sentenced to death prior to, on, or after the	5348
effective date of that actMarch 23, 2005, including offenders	5349
who, on the effective date of that actMarch 23, 2005, are	5350
challenging their sentence of death and offenders whose sentence	5351
of death has been set aside, nullified, or vacated by any court of	5352
this state or any federal court but who, as of the effective date	5353
of that actMarch 23, 2005, have not yet been resentenced.	5354

Sec. 2929.13.  (A) Except as provided in division (E), (F),	5355
or (G) of this section and unless a specific sanction is required	5356
to be imposed or is precluded from being imposed pursuant to law,	5357
a court that imposes a sentence upon an offender for a felony may	5358
impose any sanction or combination of sanctions on the offender	5359
that are provided in sections 2929.14 to 2929.18 of the Revised	5360
Code. The sentence shall not impose an unnecessary burden on state	5361
or local government resources.	5362

If the offender is eligible to be sentenced to community	5363
control sanctions, the court shall consider the appropriateness of	5364
imposing a financial sanction pursuant to section 2929.18 of the	5365
Revised Code or a sanction of community service pursuant to	5366
section 2929.17 of the Revised Code as the sole sanction for the	5367
offense. Except as otherwise provided in this division, if the	5368
court is required to impose a mandatory prison term for the	5369
offense for which sentence is being imposed, the court also may	5370
impose a financial sanction pursuant to section 2929.18 of the	5371
Revised Code but may not impose any additional sanction or	5372
combination of sanctions under section 2929.16 or 2929.17 of the	5373
Revised Code.	5374

If the offender is being sentenced for a fourth degree felony	5375
OVI offense or for a third degree felony OVI offense, in addition	5376
to the mandatory term of local incarceration or the mandatory	5377
prison term required for the offense by division (G)(1) or (2) of	5378
this section, the court shall impose upon the offender a mandatory	5379
fine in accordance with division (B)(3) of section 2929.18 of the	5380
Revised Code and may impose whichever of the following is	5381
applicable:	5382

(1) For a fourth degree felony OVI offense for which sentence	5383
is imposed under division (G)(1) of this section, an additional	5384
community control sanction or combination of community control	5385
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	5386
the court imposes upon the offender a community control sanction	5387
and the offender violates any condition of the community control	5388
sanction, the court may take any action prescribed in division (B)	5389
of section 2929.15 of the Revised Code relative to the offender,	5390
including imposing a prison term on the offender pursuant to that	5391
division.	5392

(2) For a third or fourth degree felony OVI offense for which	5393
sentence is imposed under division (G)(2) of this section, an	5394
additional prison term as described in division (D)(4) of section	5395
2929.14 of the Revised Code or a community control sanction as	5396
described in division (G)(2) of this section.	5397

(B)(1) Except as provided in division (B)(2), (E), (F), or	5398
(G) of this section, in sentencing an offender for a felony of the	5399
fourth or fifth degree, the sentencing court shall determine	5400
whether any of the following apply:	5401

(a) In committing the offense, the offender caused physical	5402
harm to a person.	5403

(b) In committing the offense, the offender attempted to	5404
cause or made an actual threat of physical harm to a person with a	5405
deadly weapon.	5406

(c) In committing the offense, the offender attempted to	5407
cause or made an actual threat of physical harm to a person, and	5408
the offender previously was convicted of an offense that caused	5409
physical harm to a person.	5410

(d) The offender held a public office or position of trust	5411
and the offense related to that office or position; the offender's	5412
position obliged the offender to prevent the offense or to bring	5413
those committing it to justice; or the offender's professional	5414
reputation or position facilitated the offense or was likely to	5415
influence the future conduct of others.	5416

(e) The offender committed the offense for hire or as part of	5417
an organized criminal activity.	5418

(f) The offense is a sex offense that is a fourth or fifth	5419
degree felony violation of section 2907.03, 2907.04, 2907.05,	5420
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	5421
Revised Code.	5422

(g) The offender at the time of the offense was serving, or	5423
the offender previously had served, a prison term.	5424

(h) The offender committed the offense while under a	5425
community control sanction, while on probation, or while released	5426
from custody on a bond or personal recognizance.	5427

(i) The offender committed the offense while in possession of	5428
a firearm.	5429

(2)(a) If the court makes a finding described in division	5430
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	5431
section and if the court, after considering the factors set forth	5432
in section 2929.12 of the Revised Code, finds that a prison term	5433
is consistent with the purposes and principles of sentencing set	5434
forth in section 2929.11 of the Revised Code and finds that the	5435
offender is not amenable to an available community control	5436
sanction, the court shall impose a prison term upon the offender.	5437

(b) Except as provided in division (E), (F), or (G) of this	5438
section, if the court does not make a finding described in	5439
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	5440
this section and if the court, after considering the factors set	5441
forth in section 2929.12 of the Revised Code, finds that a	5442
community control sanction or combination of community control	5443
sanctions is consistent with the purposes and principles of	5444
sentencing set forth in section 2929.11 of the Revised Code, the	5445
court shall impose a community control sanction or combination of	5446
community control sanctions upon the offender.	5447

(C) Except as provided in division (D), (E), (F), or (G) of	5448
this section, in determining whether to impose a prison term as a	5449
sanction for a felony of the third degree or a felony drug offense	5450
that is a violation of a provision of Chapter 2925. of the Revised	5451
Code and that is specified as being subject to this division for	5452
purposes of sentencing, the sentencing court shall comply with the	5453
purposes and principles of sentencing under section 2929.11 of the	5454
Revised Code and with section 2929.12 of the Revised Code.	5455

(D)(1) Except as provided in division (E) or (F) of this	5456
section, for a felony of the first or second degree, for a felony	5457
drug offense that is a violation of any provision of Chapter	5458
2925., 3719., or 4729. of the Revised Code for which a presumption	5459
in favor of a prison term is specified as being applicable, and	5460
for a violation of division (A)(4) or (B) of section 2907.05 of	5461
the Revised Code for which a presumption in favor of a prison term	5462
is specified as being applicable, it is presumed that a prison	5463
term is necessary in order to comply with the purposes and	5464
principles of sentencing under section 2929.11 of the Revised	5465
Code. Division (D)(2) of this section does not apply to a	5466
presumption established under this division for a violation of	5467
division (A)(4) of section 2907.05 of the Revised Code.	5468

(2) Notwithstanding the presumption established under	5469
division (D)(1) of this section for the offenses listed in that	5470
division other than a violation of division (A)(4) or (B) of	5471
section 2907.05 of the Revised Code, the sentencing court may	5472
impose a community control sanction or a combination of community	5473
control sanctions instead of a prison term on an offender for a	5474
felony of the first or second degree or for a felony drug offense	5475
that is a violation of any provision of Chapter 2925., 3719., or	5476
4729. of the Revised Code for which a presumption in favor of a	5477
prison term is specified as being applicable if it makes both of	5478
the following findings:	5479

(a) A community control sanction or a combination of	5480
community control sanctions would adequately punish the offender	5481
and protect the public from future crime, because the applicable	5482
factors under section 2929.12 of the Revised Code indicating a	5483
lesser likelihood of recidivism outweigh the applicable factors	5484
under that section indicating a greater likelihood of recidivism.	5485

(b) A community control sanction or a combination of	5486
community control sanctions would not demean the seriousness of	5487
the offense, because one or more factors under section 2929.12 of	5488
the Revised Code that indicate that the offender's conduct was	5489
less serious than conduct normally constituting the offense are	5490
applicable, and they outweigh the applicable factors under that	5491
section that indicate that the offender's conduct was more serious	5492
than conduct normally constituting the offense.	5493

(E)(1) Except as provided in division (F) of this section,	5494
for any drug offense that is a violation of any provision of	5495
Chapter 2925. of the Revised Code and that is a felony of the	5496
third, fourth, or fifth degree, the applicability of a presumption	5497
under division (D) of this section in favor of a prison term or of	5498
division (B) or (C) of this section in determining whether to	5499
impose a prison term for the offense shall be determined as	5500
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	5501
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	5502
Revised Code, whichever is applicable regarding the violation.	5503

(2) If an offender who was convicted of or pleaded guilty to	5504
a felony violates the conditions of a community control sanction	5505
imposed for the offense solely by reason of producing positive	5506
results on a drug test, the court, as punishment for the violation	5507
of the sanction, shall not order that the offender be imprisoned	5508
unless the court determines on the record either of the following:	5509

(a) The offender had been ordered as a sanction for the	5510
felony to participate in a drug treatment program, in a drug	5511
education program, or in narcotics anonymous or a similar program,	5512
and the offender continued to use illegal drugs after a reasonable	5513
period of participation in the program.	5514

(b) The imprisonment of the offender for the violation is	5515
consistent with the purposes and principles of sentencing set	5516
forth in section 2929.11 of the Revised Code.	5517

(F) Notwithstanding divisions (A) to (E) of this section, the	5518
court shall impose a prison term or terms under sections 2929.02	5519
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	5520
of the Revised Code and except as specifically provided in section	5521
2929.20 or 2967.191 of the Revised Code or when parole is	5522
authorized for the offense under section 2967.13 of the Revised	5523
Code shall not reduce the term or terms pursuant to section	5524
2929.20, section 2967.193, or any other provision of Chapter 2967.	5525
or Chapter 5120. of the Revised Code for any of the following	5526
offenses:	5527

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

5528

(2) Any rape, regardless of whether force was involved and	5529
regardless of the age of the victim, or an attempt to commit rape	5530
if, had the offender completed the rape that was attempted, the	5531
offender would have been guilty of a violation of division	5532
(A)(1)(b) of section 2907.02 of the Revised Code and would be	5533
sentenced under section 2971.03 of the Revised Code;	5534

(3) Gross sexual imposition or sexual battery, if the victim	5535
is underless than thirteen years of age and if any of the	5536
following applies:	5537

(a) Regarding gross sexual imposition, the offender	5538
previously was convicted of or pleaded guilty to rape, the former	5539
offense of felonious sexual penetration, gross sexual imposition,	5540
or sexual battery, and the victim of the previous offense was	5541
underless than thirteen years of age;	5542

(b) Regarding gross sexual imposition, the offense was	5543
committed on or after August 3, 2006, and evidence other than the	5544
testimony of the victim was admitted in the case corroborating the	5545
violation.	5546

(c) Regarding sexual battery, either of the following	5547
applies:	5548

(i) The offense was committed prior to August 3, 2006, the	5549
offender previously was convicted of or pleaded guilty to rape,	5550
the former offense of felonious sexual penetration, or sexual	5551
battery, and the victim of the previous offense was underless	5552
than thirteen years of age.	5553

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

5554

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	5555
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	5556
requires the imposition of a prison term;	5557

(5) A first, second, or third degree felony drug offense for	5558
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	5559
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	5560
4729.99 of the Revised Code, whichever is applicable regarding the	5561
violation, requires the imposition of a mandatory prison term;	5562

(6) Any offense that is a first or second degree felony and	5563
that is not set forth in division (F)(1), (2), (3), or (4) of this	5564
section, if the offender previously was convicted of or pleaded	5565
guilty to aggravated murder, murder, any first or second degree	5566
felony, or an offense under an existing or former law of this	5567
state, another state, or the United States that is or was	5568
substantially equivalent to one of those offenses;	5569

(7) Any offense that is a third degree felony and either is	5570
a violation of section 2903.04 of the Revised Code or an attempt	5571
to commit a felony of the second degree that is an offense of	5572
violence and involved an attempt to cause serious physical harm to	5573
a person or that resulted in serious physical harm to a person if	5574
the offender previously was convicted of or pleaded guilty to any	5575
of the following offenses:	5576

(a) Aggravated murder, murder, involuntary manslaughter,	5577
rape, felonious sexual penetration as it existed under section	5578
2907.12 of the Revised Code prior to September 3, 1996, a felony	5579
of the first or second degree that resulted in the death of a	5580
person or in physical harm to a person, or complicity in or an	5581
attempt to commit any of those offenses;	5582

(b) An offense under an existing or former law of this state,	5583
another state, or the United States that is or was substantially	5584
equivalent to an offense listed in division (F)(7)(a) of this	5585
section that resulted in the death of a person or in physical harm	5586
to a person.	5587

(8) Any offense, other than a violation of section 2923.12 of	5588
the Revised Code, that is a felony, if the offender had a firearm	5589
on or about the offender's person or under the offender's control	5590
while committing the felony, with respect to a portion of the	5591
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	5592
of the Revised Code for having the firearm;	5593

(9) Any offense of violence that is a felony, if the offender	5594
wore or carried body armor while committing the felony offense of	5595
violence, with respect to the portion of the sentence imposed	5596
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	5597
Code for wearing or carrying the body armor;	5598

(10) Corrupt activity in violation of section 2923.32 of the	5599
Revised Code when the most serious offense in the pattern of	5600
corrupt activity that is the basis of the offense is a felony of	5601
the first degree;	5602

(11) Any violent sex offense or designated homicide, assault,	5603
or kidnapping offense if, in relation to that offense, the	5604
offender is adjudicated a sexually violent predator;	5605

(12) A violation of division (A)(1) or (2) of section 2921.36	5606
of the Revised Code, or a violation of division (C) of that	5607
section involving an item listed in division (A)(1) or (2) of that	5608
section, if the offender is an officer or employee of the	5609
department of rehabilitation and correction;	5610

(13) A violation of division (A)(1) or (2) of section 2903.06	5611
of the Revised Code if the victim of the offense is a peace	5612
officer, as defined in section 2935.01 of the Revised Code, or an	5613
investigator of the bureau of criminal identification and	5614
investigation, as defined in section 2903.11 of the Revised Code,	5615
with respect to the portion of the sentence imposed pursuant to	5616
division (D)(5) of section 2929.14 of the Revised Code;	5617

(14) A violation of division (A)(1) or (2) of section 2903.06	5618
of the Revised Code if the offender has been convicted of or	5619
pleaded guilty to three or more violations of division (A) or (B)	5620
of section 4511.19 of the Revised Code or an equivalent offense,	5621
as defined in section 2941.1415 of the Revised Code, or three or	5622
more violations of any combination of those divisions and	5623
offenses, with respect to the portion of the sentence imposed	5624
pursuant to division (D)(6) of section 2929.14 of the Revised	5625
Code;	5626

(15) Kidnapping, in the circumstances specified in section	5627
2971.03 of the Revised Code and when no other provision of	5628
division (F) of this section applies.	5629

(G) Notwithstanding divisions (A) to (E) of this section, if	5630
an offender is being sentenced for a fourth degree felony OVI	5631
offense or for a third degree felony OVI offense, the court shall	5632
impose upon the offender a mandatory term of local incarceration	5633
or a mandatory prison term in accordance with the following:	5634

(1) If the offender is being sentenced for a fourth degree	5635
felony OVI offense and if the offender has not been convicted of	5636
and has not pleaded guilty to a specification of the type	5637
described in section 2941.1413 of the Revised Code, the court may	5638
impose upon the offender a mandatory term of local incarceration	5639
of sixty days or one hundred twenty days as specified in division	5640
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	5641
not reduce the term pursuant to section 2929.20, 2967.193, or any	5642
other provision of the Revised Code. The court that imposes a	5643
mandatory term of local incarceration under this division shall	5644
specify whether the term is to be served in a jail, a	5645
community-based correctional facility, a halfway house, or an	5646
alternative residential facility, and the offender shall serve the	5647
term in the type of facility specified by the court. A mandatory	5648
term of local incarceration imposed under division (G)(1) of this	5649
section is not subject to extension under section 2967.11 of the	5650
Revised Code, to a period of post-release control under section	5651
2967.28 of the Revised Code, or to any other Revised Code	5652
provision that pertains to a prison term except as provided in	5653
division (A)(1) of this section.	5654

(2) If the offender is being sentenced for a third degree	5655
felony OVI offense, or if the offender is being sentenced for a	5656
fourth degree felony OVI offense and the court does not impose a	5657
mandatory term of local incarceration under division (G)(1) of	5658
this section, the court shall impose upon the offender a mandatory	5659
prison term of one, two, three, four, or five years if the	5660
offender also is convicted of or also pleads guilty to a	5661
specification of the type described in section 2941.1413 of the	5662
Revised Code or shall impose upon the offender a mandatory prison	5663
term of sixty days or one hundred twenty days as specified in	5664
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	5665
if the offender has not been convicted of and has not pleaded	5666
guilty to a specification of that type. The court shall not reduce	5667
the term pursuant to section 2929.20, 2967.193, or any other	5668
provision of the Revised Code. The offender shall serve the one-,	5669
two-, three-, four-, or five-year mandatory prison term	5670
consecutively to and prior to the prison term imposed for the	5671
underlying offense and consecutively to any other mandatory prison	5672
term imposed in relation to the offense. In no case shall an	5673
offender who once has been sentenced to a mandatory term of local	5674
incarceration pursuant to division (G)(1) of this section for a	5675
fourth degree felony OVI offense be sentenced to another mandatory	5676
term of local incarceration under that division for any violation	5677
of division (A) of section 4511.19 of the Revised Code. In	5678
addition to the mandatory prison term described in division (G)(2)	5679
of this section, the court may sentence the offender to a	5680
community control sanction under section 2929.16 or 2929.17 of the	5681
Revised Code, but the offender shall serve the prison term prior	5682
to serving the community control sanction. The department of	5683
rehabilitation and correction may place an offender sentenced to a	5684
mandatory prison term under this division in an intensive program	5685
prison established pursuant to section 5120.033 of the Revised	5686
Code if the department gave the sentencing judge prior notice of	5687
its intent to place the offender in an intensive program prison	5688
established under that section and if the judge did not notify the	5689
department that the judge disapproved the placement. Upon the	5690
establishment of the initial intensive program prison pursuant to	5691
section 5120.033 of the Revised Code that is privately operated	5692
and managed by a contractor pursuant to a contract entered into	5693
under section 9.06 of the Revised Code, both of the following	5694
apply:	5695

(a) The department of rehabilitation and correction shall	5696
make a reasonable effort to ensure that a sufficient number of	5697
offenders sentenced to a mandatory prison term under this division	5698
are placed in the privately operated and managed prison so that	5699
the privately operated and managed prison has full occupancy.	5700

(b) Unless the privately operated and managed prison has full	5701
occupancy, the department of rehabilitation and correction shall	5702
not place any offender sentenced to a mandatory prison term under	5703
this division in any intensive program prison established pursuant	5704
to section 5120.033 of the Revised Code other than the privately	5705
operated and managed prison.	5706

(H) If an offender is being sentenced for a sexually oriented	5707
offense or child-victim oriented offense that is a felony	5708
committed on or after January 1, 1997, the judge shall require the	5709
offender to submit to a DNA specimen collection procedure pursuant	5710
to section 2901.07 of the Revised Code if either of the following	5711
applies:	5712

(1) The offense was a violent sex offense or a designated	5713
homicide, assault, or kidnapping offense and, in relation to that	5714
offense, the offender was adjudicated a sexually violent predator.	5715

(2) The offense was a violation of division (A)(1)(b) of	5716
section 2907.02 of the Revised Code committed on or after the	5717
effective date of this amendment.	5718

(3) The offense was attempted rape committed on or after the	5719
effective date of this amendment, and the offender also was	5720
convicted of or pleaded guilty to a specification of the type	5721
described in section 2941.1418, 2941.1419, or 2941.1420 of the	5722
Revised Code.	5723

(4) The judge imposing sentence for the sexually oriented	5724
offense determines pursuant to division (B) of section 2950.09 of	5725
the Revised Code that the offender is a sexual predator.	5726

(I) If an offender is being sentenced for a sexually oriented	5727
offense that is not a registration-exempt sexually oriented	5728
offense or for a child-victim oriented offense committed on or	5729
after January 1, 1997, the judge shall include in the sentence a	5730
summary of the offender's duties imposed under sections 2950.04,	5731
2950.041, 2950.05, and 2950.06 of the Revised Code and the	5732
duration of the duties. The judge shall inform the offender, at	5733
the time of sentencing, of those duties and of their duration and,	5734
if. If required under division (A)(2) of section 2950.03 of the	5735
Revised Code, the judge shall perform the duties specified in that	5736
section, or, if required under division (A)(6) of section 2950.03	5737
of the Revised Code, the judge shall perform the duties specified	5738
in that division.	5739

(J)(1) Except as provided in division (J)(2) of this section,	5740
when considering sentencing factors under this section in relation	5741
to an offender who is convicted of or pleads guilty to an attempt	5742
to commit an offense in violation of section 2923.02 of the	5743
Revised Code, the sentencing court shall consider the factors	5744
applicable to the felony category of the violation of section	5745
2923.02 of the Revised Code instead of the factors applicable to	5746
the felony category of the offense attempted.	5747

(2) When considering sentencing factors under this section in	5748
relation to an offender who is convicted of or pleads guilty to an	5749
attempt to commit a drug abuse offense for which the penalty is	5750
determined by the amount or number of unit doses of the controlled	5751
substance involved in the drug abuse offense, the sentencing court	5752
shall consider the factors applicable to the felony category that	5753
the drug abuse offense attempted would be if that drug abuse	5754
offense had been committed and had involved an amount or number of	5755
unit doses of the controlled substance that is within the next	5756
lower range of controlled substance amounts than was involved in	5757
the attempt.	5758

(K) As used in this section, "drug abuse offense" has the	5759
same meaning as in section 2925.01 of the Revised Code.	5760

(L) At the time of sentencing an offender who is a sexual	5761
predator for any sexually oriented offense, if the offender is a	5762
tier III sex offender/child-victim offender relative to that	5763
offense and the offender does not serve a prison term or jail	5764
term, the court may require that the offender be monitored by	5765
means of a global positioning device. If the court requires such	5766
monitoring, the cost of monitoring shall be borne by the offender.	5767
If the offender is indigent, the cost of compliance shall be paid	5768
by the crime victims reparations fund.	5769

Sec. 2929.14.  (A) Except as provided in division (C),	5770
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of	5771
this section and except in relation to an offense for which a	5772
sentence of death or life imprisonment is to be imposed, if the	5773
court imposing a sentence upon an offender for a felony elects or	5774
is required to impose a prison term on the offender pursuant to	5775
this chapter, the court shall impose a definite prison term that	5776
shall be one of the following:	5777

(1) For a felony of the first degree, the prison term shall	5778
be three, four, five, six, seven, eight, nine, or ten years.	5779

(2) For a felony of the second degree, the prison term shall	5780
be two, three, four, five, six, seven, or eight years.	5781

(3) For a felony of the third degree, the prison term shall	5782
be one, two, three, four, or five years.	5783

(4) For a felony of the fourth degree, the prison term shall	5784
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	5785
fourteen, fifteen, sixteen, seventeen, or eighteen months.	5786

(5) For a felony of the fifth degree, the prison term shall	5787
be six, seven, eight, nine, ten, eleven, or twelve months.	5788

(B) Except as provided in division (C), (D)(1), (D)(2),	5789
(D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section	5790
2907.02 or 2907.05 of the Revised Code, or in Chapter 2925. of the	5791
Revised Code, if the court imposing a sentence upon an offender	5792
for a felony elects or is required to impose a prison term on the	5793
offender, the court shall impose the shortest prison term	5794
authorized for the offense pursuant to division (A) of this	5795
section, unless one or more of the following applies:	5796

(1) The offender was serving a prison term at the time of the	5797
offense, or the offender previously had served a prison term.	5798

(2) The court finds on the record that the shortest prison	5799
term will demean the seriousness of the offender's conduct or will	5800
not adequately protect the public from future crime by the	5801
offender or others.	5802

(C) Except as provided in division (G) or (L) of this section	5803
or in Chapter 2925. of the Revised Code, the court imposing a	5804
sentence upon an offender for a felony may impose the longest	5805
prison term authorized for the offense pursuant to division (A) of	5806
this section only upon offenders who committed the worst forms of	5807
the offense, upon offenders who pose the greatest likelihood of	5808
committing future crimes, upon certain major drug offenders under	5809
division (D)(3) of this section, and upon certain repeat violent	5810
offenders in accordance with division (D)(2) of this section.	5811

(D)(1)(a) Except as provided in division (D)(1)(e) of this	5812
section, if an offender who is convicted of or pleads guilty to a	5813
felony also is convicted of or pleads guilty to a specification of	5814
the type described in section 2941.141, 2941.144, or 2941.145 of	5815
the Revised Code, the court shall impose on the offender one of	5816
the following prison terms:	5817

(i) A prison term of six years if the specification is of the	5818
type described in section 2941.144 of the Revised Code that	5819
charges the offender with having a firearm that is an automatic	5820
firearm or that was equipped with a firearm muffler or silencer on	5821
or about the offender's person or under the offender's control	5822
while committing the felony;	5823

(ii) A prison term of three years if the specification is of	5824
the type described in section 2941.145 of the Revised Code that	5825
charges the offender with having a firearm on or about the	5826
offender's person or under the offender's control while committing	5827
the offense and displaying the firearm, brandishing the firearm,	5828
indicating that the offender possessed the firearm, or using it to	5829
facilitate the offense;	5830

(iii) A prison term of one year if the specification is of	5831
the type described in section 2941.141 of the Revised Code that	5832
charges the offender with having a firearm on or about the	5833
offender's person or under the offender's control while committing	5834
the felony.	5835

(b) If a court imposes a prison term on an offender under	5836
division (D)(1)(a) of this section, the prison term shall not be	5837
reduced pursuant to section 2929.20, section 2967.193, or any	5838
other provision of Chapter 2967. or Chapter 5120. of the Revised	5839
Code. A court shall not impose more than one prison term on an	5840
offender under division (D)(1)(a) of this section for felonies	5841
committed as part of the same act or transaction.	5842

(c) Except as provided in division (D)(1)(e) of this section,	5843
if an offender who is convicted of or pleads guilty to a violation	5844
of section 2923.161 of the Revised Code or to a felony that	5845
includes, as an essential element, purposely or knowingly causing	5846
or attempting to cause the death of or physical harm to another,	5847
also is convicted of or pleads guilty to a specification of the	5848
type described in section 2941.146 of the Revised Code that	5849
charges the offender with committing the offense by discharging a	5850
firearm from a motor vehicle other than a manufactured home, the	5851
court, after imposing a prison term on the offender for the	5852
violation of section 2923.161 of the Revised Code or for the other	5853
felony offense under division (A), (D)(2), or (D)(3) of this	5854
section, shall impose an additional prison term of five years upon	5855
the offender that shall not be reduced pursuant to section	5856
2929.20, section 2967.193, or any other provision of Chapter 2967.	5857
or Chapter 5120. of the Revised Code. A court shall not impose	5858
more than one additional prison term on an offender under division	5859
(D)(1)(c) of this section for felonies committed as part of the	5860
same act or transaction. If a court imposes an additional prison	5861
term on an offender under division (D)(1)(c) of this section	5862
relative to an offense, the court also shall impose a prison term	5863
under division (D)(1)(a) of this section relative to the same	5864
offense, provided the criteria specified in that division for	5865
imposing an additional prison term are satisfied relative to the	5866
offender and the offense.	5867

(d) If an offender who is convicted of or pleads guilty to	5868
an offense of violence that is a felony also is convicted of or	5869
pleads guilty to a specification of the type described in section	5870
2941.1411 of the Revised Code that charges the offender with	5871
wearing or carrying body armor while committing the felony offense	5872
of violence, the court shall impose on the offender a prison term	5873
of two years. The prison term so imposed shall not be reduced	5874
pursuant to section 2929.20, section 2967.193, or any other	5875
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	5876
court shall not impose more than one prison term on an offender	5877
under division (D)(1)(d) of this section for felonies committed as	5878
part of the same act or transaction. If a court imposes an	5879
additional prison term under division (D)(1)(a) or (c) of this	5880
section, the court is not precluded from imposing an additional	5881
prison term under division (D)(1)(d) of this section.	5882

(e) The court shall not impose any of the prison terms	5883
described in division (D)(1)(a) of this section or any of the	5884
additional prison terms described in division (D)(1)(c) of this	5885
section upon an offender for a violation of section 2923.12 or	5886
2923.123 of the Revised Code. The court shall not impose any of	5887
the prison terms described in division (D)(1)(a) of this section	5888
or any of the additional prison terms described in division	5889
(D)(1)(c) of this section upon an offender for a violation of	5890
section 2923.13 of the Revised Code unless all of the following	5891
apply:	5892

(i) The offender previously has been convicted of aggravated	5893
murder, murder, or any felony of the first or second degree.	5894

(ii) Less than five years have passed since the offender was	5895
released from prison or post-release control, whichever is later,	5896
for the prior offense.	5897

(f) If an offender is convicted of or pleads guilty to a	5898
felony that includes, as an essential element, causing or	5899
attempting to cause the death of or physical harm to another and	5900
also is convicted of or pleads guilty to a specification of the	5901
type described in section 2941.1412 of the Revised Code that	5902
charges the offender with committing the offense by discharging a	5903
firearm at a peace officer as defined in section 2935.01 of the	5904
Revised Code or a corrections officer, as defined in section	5905
2941.1412 of the Revised Code, the court, after imposing a prison	5906
term on the offender for the felony offense under division (A),	5907
(D)(2), or (D)(3) of this section, shall impose an additional	5908
prison term of seven years upon the offender that shall not be	5909
reduced pursuant to section 2929.20, section 2967.193, or any	5910
other provision of Chapter 2967. or Chapter 5120. of the Revised	5911
Code. A court shall not impose more than one additional prison	5912
term on an offender under division (D)(1)(f) of this section for	5913
felonies committed as part of the same act or transaction. If a	5914
court imposes an additional prison term on an offender under	5915
division (D)(1)(f) of this section relative to an offense, the	5916
court shall not impose a prison term under division (D)(1)(a) or	5917
(c) of this section relative to the same offense.	5918

(2)(a) If division (D)(2)(b) of this section does not apply,	5919
the court may impose on an offender, in addition to the longest	5920
prison term authorized or required for the offense, an additional	5921
definite prison term of one, two, three, four, five, six, seven,	5922
eight, nine, or ten years if all of the following criteria are	5923
met:	5924

(i) The offender is convicted of or pleads guilty to a	5925
specification of the type described in section 2941.149 of the	5926
Revised Code that the offender is a repeat violent offender.	5927

(ii) The offense of which the offender currently is convicted	5928
or to which the offender currently pleads guilty is aggravated	5929
murder and the court does not impose a sentence of death or life	5930
imprisonment without parole, murder, terrorism and the court does	5931
not impose a sentence of life imprisonment without parole, any	5932
felony of the first degree that is an offense of violence and the	5933
court does not impose a sentence of life imprisonment without	5934
parole, or any felony of the second degree that is an offense of	5935
violence and the trier of fact finds that the offense involved an	5936
attempt to cause or a threat to cause serious physical harm to a	5937
person or resulted in serious physical harm to a person.	5938

(iii) The court imposes the longest prison term for the	5939
offense that is not life imprisonment without parole.	5940

(iv) The court finds that the prison terms imposed pursuant	5941
to division (D)(2)(a)(iii) of this section and, if applicable,	5942
division (D)(1) or (3) of this section are inadequate to punish	5943
the offender and protect the public from future crime, because the	5944
applicable factors under section 2929.12 of the Revised Code	5945
indicating a greater likelihood of recidivism outweigh the	5946
applicable factors under that section indicating a lesser	5947
likelihood of recidivism.	5948

(v) The court finds that the prison terms imposed pursuant to	5949
division (D)(2)(a)(iii) of this section and, if applicable,	5950
division (D)(1) or (3) of this section are demeaning to the	5951
seriousness of the offense, because one or more of the factors	5952
under section 2929.12 of the Revised Code indicating that the	5953
offender's conduct is more serious than conduct normally	5954
constituting the offense are present, and they outweigh the	5955
applicable factors under that section indicating that the	5956
offender's conduct is less serious than conduct normally	5957
constituting the offense.	5958

(b) The court shall impose on an offender the longest prison	5959
term authorized or required for the offense and shall impose on	5960
the offender an additional definite prison term of one, two,	5961
three, four, five, six, seven, eight, nine, or ten years if all of	5962
the following criteria are met:	5963

(i) The offender is convicted of or pleads guilty to a	5964
specification of the type described in section 2941.149 of the	5965
Revised Code that the offender is a repeat violent offender.	5966

(ii) The offender within the preceding twenty years has been	5967
convicted of or pleaded guilty to three or more offenses described	5968
in division (DD)(1) of section 2929.01 of the Revised Code,	5969
including all offenses described in that division of which the	5970
offender is convicted or to which the offender pleads guilty in	5971
the current prosecution and all offenses described in that	5972
division of which the offender previously has been convicted or to	5973
which the offender previously pleaded guilty, whether prosecuted	5974
together or separately.	5975

(iii) The offense or offenses of which the offender currently	5976
is convicted or to which the offender currently pleads guilty is	5977
aggravated murder and the court does not impose a sentence of	5978
death or life imprisonment without parole, murder, terrorism and	5979
the court does not impose a sentence of life imprisonment without	5980
parole, any felony of the first degree that is an offense of	5981
violence and the court does not impose a sentence of life	5982
imprisonment without parole, or any felony of the second degree	5983
that is an offense of violence and the trier of fact finds that	5984
the offense involved an attempt to cause or a threat to cause	5985
serious physical harm to a person or resulted in serious physical	5986
harm to a person.	5987

(c) For purposes of division (D)(2)(b) of this section, two	5988
or more offenses committed at the same time or as part of the same	5989
act or event shall be considered one offense, and that one offense	5990
shall be the offense with the greatest penalty.	5991

(d) A sentence imposed under division (D)(2)(a) or (b) of	5992
this section shall not be reduced pursuant to section 2929.20 or	5993
section 2967.193, or any other provision of Chapter 2967. or	5994
Chapter 5120. of the Revised Code. The offender shall serve an	5995
additional prison term imposed under this section consecutively to	5996
and prior to the prison term imposed for the underlying offense.	5997

(e) When imposing a sentence pursuant to division (D)(2)(a)	5998
or (b) of this section, the court shall state its findings	5999
explaining the imposed sentence.	6000

(3)(a) Except when an offender commits a violation of section	6001
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	6002
the violation is life imprisonment or commits a violation of	6003
section 2903.02 of the Revised Code, if the offender commits a	6004
violation of section 2925.03 or 2925.11 of the Revised Code and	6005
that section classifies the offender as a major drug offender and	6006
requires the imposition of a ten-year prison term on the offender,	6007
if the offender commits a felony violation of section 2925.02,	6008
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	6009
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	6010
division (C) of section 4729.51, or division (J) of section	6011
4729.54 of the Revised Code that includes the sale, offer to sell,	6012
or possession of a schedule I or II controlled substance, with the	6013
exception of marihuana, and the court imposing sentence upon the	6014
offender finds that the offender is guilty of a specification of	6015
the type described in section 2941.1410 of the Revised Code	6016
charging that the offender is a major drug offender, if the court	6017
imposing sentence upon an offender for a felony finds that the	6018
offender is guilty of corrupt activity with the most serious	6019
offense in the pattern of corrupt activity being a felony of the	6020
first degree, or if the offender is guilty of an attempted	6021
violation of section 2907.02 of the Revised Code and, had the	6022
offender completed the violation of section 2907.02 of the Revised	6023
Code that was attempted, the offender would have been subject to a	6024
sentence of life imprisonment or life imprisonment without parole	6025
for the violation of section 2907.02 of the Revised Code, the	6026
court shall impose upon the offender for the felony violation a	6027
ten-year prison term that cannot be reduced pursuant to section	6028
2929.20 or Chapter 2967. or 5120. of the Revised Code.	6029

(b) The court imposing a prison term on an offender under	6030
division (D)(3)(a) of this section may impose an additional prison	6031
term of one, two, three, four, five, six, seven, eight, nine, or	6032
ten years, if the court, with respect to the term imposed under	6033
division (D)(3)(a) of this section and, if applicable, divisions	6034
(D)(1) and (2) of this section, makes both of the findings set	6035
forth in divisions (D)(2)(a)(iv) and (v) of this section.	6036

(4) If the offender is being sentenced for a third or fourth	6037
degree felony OVI offense under division (G)(2) of section 2929.13	6038
of the Revised Code, the sentencing court shall impose upon the	6039
offender a mandatory prison term in accordance with that division.	6040
In addition to the mandatory prison term, if the offender is being	6041
sentenced for a fourth degree felony OVI offense, the court,	6042
notwithstanding division (A)(4) of this section, may sentence the	6043
offender to a definite prison term of not less than six months and	6044
not more than thirty months, and if the offender is being	6045
sentenced for a third degree felony OVI offense, the sentencing	6046
court may sentence the offender to an additional prison term of	6047
any duration specified in division (A)(3) of this section. In	6048
either case, the additional prison term imposed shall be reduced	6049
by the sixty or one hundred twenty days imposed upon the offender	6050
as the mandatory prison term. The total of the additional prison	6051
term imposed under division (D)(4) of this section plus the sixty	6052
or one hundred twenty days imposed as the mandatory prison term	6053
shall equal a definite term in the range of six months to thirty	6054
months for a fourth degree felony OVI offense and shall equal one	6055
of the authorized prison terms specified in division (A)(3) of	6056
this section for a third degree felony OVI offense. If the court	6057
imposes an additional prison term under division (D)(4) of this	6058
section, the offender shall serve the additional prison term after	6059
the offender has served the mandatory prison term required for the	6060
offense. In addition to the mandatory prison term or mandatory and	6061
additional prison term imposed as described in division (D)(4) of	6062
this section, the court also may sentence the offender to a	6063
community control sanction under section 2929.16 or 2929.17 of the	6064
Revised Code, but the offender shall serve all of the prison terms	6065
so imposed prior to serving the community control sanction.	6066

If the offender is being sentenced for a fourth degree felony	6067
OVI offense under division (G)(1) of section 2929.13 of the	6068
Revised Code and the court imposes a mandatory term of local	6069
incarceration, the court may impose a prison term as described in	6070
division (A)(1) of that section.	6071

(5) If an offender is convicted of or pleads guilty to a	6072
violation of division (A)(1) or (2) of section 2903.06 of the	6073
Revised Code and also is convicted of or pleads guilty to a	6074
specification of the type described in section 2941.1414 of the	6075
Revised Code that charges that the victim of the offense is a	6076
peace officer, as defined in section 2935.01 of the Revised Code,	6077
or an investigator of the bureau of criminal identification and	6078
investigation, as defined in section 2903.11 of the Revised Code,	6079
the court shall impose on the offender a prison term of five	6080
years. If a court imposes a prison term on an offender under	6081
division (D)(5) of this section, the prison term shall not be	6082
reduced pursuant to section 2929.20, section 2967.193, or any	6083
other provision of Chapter 2967. or Chapter 5120. of the Revised	6084
Code. A court shall not impose more than one prison term on an	6085
offender under division (D)(5) of this section for felonies	6086
committed as part of the same act.	6087

(6) If an offender is convicted of or pleads guilty to a	6088
violation of division (A)(1) or (2) of section 2903.06 of the	6089
Revised Code and also is convicted of or pleads guilty to a	6090
specification of the type described in section 2941.1415 of the	6091
Revised Code that charges that the offender previously has been	6092
convicted of or pleaded guilty to three or more violations of	6093
division (A) or (B) of section 4511.19 of the Revised Code or an	6094
equivalent offense, as defined in section 2941.1415 of the Revised	6095
Code, or three or more violations of any combination of those	6096
divisions and offenses, the court shall impose on the offender a	6097
prison term of three years. If a court imposes a prison term on an	6098
offender under division (D)(6) of this section, the prison term	6099
shall not be reduced pursuant to section 2929.20, section	6100
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	6101
of the Revised Code. A court shall not impose more than one prison	6102
term on an offender under division (D)(6) of this section for	6103
felonies committed as part of the same act.	6104

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	6105
mandatory prison term is imposed upon an offender pursuant to	6106
division (D)(1)(a) of this section for having a firearm on or	6107
about the offender's person or under the offender's control while	6108
committing a felony, if a mandatory prison term is imposed upon an	6109
offender pursuant to division (D)(1)(c) of this section for	6110
committing a felony specified in that division by discharging a	6111
firearm from a motor vehicle, or if both types of mandatory prison	6112
terms are imposed, the offender shall serve any mandatory prison	6113
term imposed under either division consecutively to any other	6114
mandatory prison term imposed under either division or under	6115
division (D)(1)(d) of this section, consecutively to and prior to	6116
any prison term imposed for the underlying felony pursuant to	6117
division (A), (D)(2), or (D)(3) of this section or any other	6118
section of the Revised Code, and consecutively to any other prison	6119
term or mandatory prison term previously or subsequently imposed	6120
upon the offender.	6121

(b) If a mandatory prison term is imposed upon an offender	6122
pursuant to division (D)(1)(d) of this section for wearing or	6123
carrying body armor while committing an offense of violence that	6124
is a felony, the offender shall serve the mandatory term so	6125
imposed consecutively to any other mandatory prison term imposed	6126
under that division or under division (D)(1)(a) or (c) of this	6127
section, consecutively to and prior to any prison term imposed for	6128
the underlying felony under division (A), (D)(2), or (D)(3) of	6129
this section or any other section of the Revised Code, and	6130
consecutively to any other prison term or mandatory prison term	6131
previously or subsequently imposed upon the offender.	6132

(c) If a mandatory prison term is imposed upon an offender	6133
pursuant to division (D)(1)(f) of this section, the offender shall	6134
serve the mandatory prison term so imposed consecutively to and	6135
prior to any prison term imposed for the underlying felony under	6136
division (A), (D)(2), or (D)(3) of this section or any other	6137
section of the Revised Code, and consecutively to any other prison	6138
term or mandatory prison term previously or subsequently imposed	6139
upon the offender.	6140

(2) If an offender who is an inmate in a jail, prison, or	6141
other residential detention facility violates section 2917.02,	6142
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	6143
who is under detention at a detention facility commits a felony	6144
violation of section 2923.131 of the Revised Code, or if an	6145
offender who is an inmate in a jail, prison, or other residential	6146
detention facility or is under detention at a detention facility	6147
commits another felony while the offender is an escapee in	6148
violation of section 2921.34 of the Revised Code, any prison term	6149
imposed upon the offender for one of those violations shall be	6150
served by the offender consecutively to the prison term or term of	6151
imprisonment the offender was serving when the offender committed	6152
that offense and to any other prison term previously or	6153
subsequently imposed upon the offender.	6154

(3) If a prison term is imposed for a violation of division	6155
(B) of section 2911.01 of the Revised Code, a violation of	6156
division (A) of section 2913.02 of the Revised Code in which the	6157
stolen property is a firearm or dangerous ordnance, or a felony	6158
violation of division (B) of section 2921.331 of the Revised Code,	6159
the offender shall serve that prison term consecutively to any	6160
other prison term or mandatory prison term previously or	6161
subsequently imposed upon the offender.	6162

(4) If multiple prison terms are imposed on an offender for	6163
convictions of multiple offenses, the court may require the	6164
offender to serve the prison terms consecutively if the court	6165
finds that the consecutive service is necessary to protect the	6166
public from future crime or to punish the offender and that	6167
consecutive sentences are not disproportionate to the seriousness	6168
of the offender's conduct and to the danger the offender poses to	6169
the public, and if the court also finds any of the following:	6170

(a) The offender committed one or more of the multiple	6171
offenses while the offender was awaiting trial or sentencing, was	6172
under a sanction imposed pursuant to section 2929.16, 2929.17, or	6173
2929.18 of the Revised Code, or was under post-release control for	6174
a prior offense.	6175

(b) At least two of the multiple offenses were committed as	6176
part of one or more courses of conduct, and the harm caused by two	6177
or more of the multiple offenses so committed was so great or	6178
unusual that no single prison term for any of the offenses	6179
committed as part of any of the courses of conduct adequately	6180
reflects the seriousness of the offender's conduct.	6181

(c) The offender's history of criminal conduct demonstrates	6182
that consecutive sentences are necessary to protect the public	6183
from future crime by the offender.	6184

(5) If a mandatory prison term is imposed upon an offender	6185
pursuant to division (D)(5) or (6) of this section, the offender	6186
shall serve the mandatory prison term consecutively to and prior	6187
to any prison term imposed for the underlying violation of	6188
division (A)(1) or (2) of section 2903.06 of the Revised Code	6189
pursuant to division (A) of this section or section 2929.142 of	6190
the Revised Code. If a mandatory prison term is imposed upon an	6191
offender pursuant to division (D)(5) of this section, and if a	6192
mandatory prison term also is imposed upon the offender pursuant	6193
to division (D)(6) of this section in relation to the same	6194
violation, the offender shall serve the mandatory prison term	6195
imposed pursuant to division (D)(5) of this section consecutively	6196
to and prior to the mandatory prison term imposed pursuant to	6197
division (D)(6) of this section and consecutively to and prior to	6198
any prison term imposed for the underlying violation of division	6199
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	6200
division (A) of this section or section 2929.142 of the Revised	6201
Code.	6202

(6) When consecutive prison terms are imposed pursuant to	6203
division (E)(1), (2), (3), (4), or (5) of this section, the term	6204
to be served is the aggregate of all of the terms so imposed.	6205

(F)(1) If a court imposes a prison term for a felony of the	6206
first degree, for a felony of the second degree, for a felony sex	6207
offense, or for a felony of the third degree that is not a felony	6208
sex offense and in the commission of which the offender caused or	6209
threatened to cause physical harm to a person, it shall include in	6210
the sentence a requirement that the offender be subject to a	6211
period of post-release control after the offender's release from	6212
imprisonment, in accordance with that division. If a court imposes	6213
a sentence including a prison term of a type described in this	6214
division on or after July 11, 2006, the failure of a court to	6215
include a post-release control requirement in the sentence	6216
pursuant to this division does not negate, limit, or otherwise	6217
affect the mandatory period of post-release control that is	6218
required for the offender under division (B) of section 2967.28 of	6219
the Revised Code. Section 2929.191 of the Revised Code applies if,	6220
prior to July 11, 2006, a court imposed a sentence including a	6221
prison term of a type described in this division and failed to	6222
include in the sentence pursuant to this division a statement	6223
regarding post-release control.	6224

(2) If a court imposes a prison term for a felony of the	6225
third, fourth, or fifth degree that is not subject to division	6226
(F)(1) of this section, it shall include in the sentence a	6227
requirement that the offender be subject to a period of	6228
post-release control after the offender's release from	6229
imprisonment, in accordance with that division, if the parole	6230
board determines that a period of post-release control is	6231
necessary. Section 2929.191 of the Revised Code applies if, prior	6232
to July 11, 2006, a court imposed a sentence including a prison	6233
term of a type described in this division and failed to include in	6234
the sentence pursuant to this division a statement regarding	6235
post-release control.	6236

(G) If aThe court shall impose sentence upon the offender in	6237
accordance with section 2971.03 of the Revised Code, and Chapter	6238
2971. of the Revised Code applies regarding the prison term or	6239
term of life imprisonment without parole imposed upon the offender	6240
and the service of that term of imprisonment if any of the	6241
following apply:	6242

(1) A person is convicted of or pleads guilty to a violent	6243
sex offense or a designated homicide, assault, or kidnapping	6244
offense, and, in relation to that offense, the offender is	6245
adjudicated a sexually violent predator, if a.	6246

(2) A person is convicted of or pleads guilty to a violation	6247
of division (A)(1)(b) of section 2907.02 of the Revised Code	6248
committed on or after the effective date of this amendmentJanuary	6249
2, 2007, and either the court does not impose a sentence of life	6250
without parole when authorized pursuant to division (B) of section	6251
2907.02 of the Revised Code, or division (B) of section 2907.02 of	6252
the Revised Code provides that the court shall not sentence the	6253
offender pursuant to section 2971.03 of the Revised Code, or if a.	6254

(3) A person is convicted of or pleads guilty to attempted	6255
rape committed on or after the effective date of this amendment	6256
January 2, 2007, and a specification of the type described in	6257
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code,	6258
the court shall impose sentence upon the offender in accordance	6259
with section 2971.03 of the Revised Code, and Chapter 2971. of the	6260
Revised Code applies regarding the prison term or term of life	6261
imprisonment without parole imposed upon the offender and the	6262
service of that term of imprisonment.	6263

(4) A person is convicted of or pleads guilty to a violation	6264
of section 2905.01 of the Revised Code committed on or after the	6265
effective date of this amendment, and that section requires the	6266
court to sentence the offender pursuant to section 2971.03 of the	6267
Revised Code.	6268

(5) A person is convicted of or pleads guilty to aggravated	6269
murder committed on or after the effective date of this amendment,	6270
and division (A)(2)(b)(ii) of section 2929.022, division	6271
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	6272
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section	6273
2929.06 of the Revised Code requires the court to sentence the	6274
offender pursuant to division (B)(3) of section 2971.03 of the	6275
Revised Code.	6276

(6) A person is convicted of or pleads guilty to murder	6277
committed on or after the effective date of this amendment, and	6278
division (B)(2) of section 2929.02 of the Revised Code requires	6279
the court to sentence the offender pursuant to section 2971.03 of	6280
the Revised Code.	6281

(H) If a person who has been convicted of or pleaded guilty	6282
to a felony is sentenced to a prison term or term of imprisonment	6283
under this section, sections 2929.02 to 2929.06 of the Revised	6284
Code, section 2929.142 of the Revised Code, section 2971.03 of the	6285
Revised Code, or any other provision of law, section 5120.163 of	6286
the Revised Code applies regarding the person while the person is	6287
confined in a state correctional institution.	6288

(I) If an offender who is convicted of or pleads guilty to a	6289
felony that is an offense of violence also is convicted of or	6290
pleads guilty to a specification of the type described in section	6291
2941.142 of the Revised Code that charges the offender with having	6292
committed the felony while participating in a criminal gang, the	6293
court shall impose upon the offender an additional prison term of	6294
one, two, or three years.	6295

(J) If an offender who is convicted of or pleads guilty to	6296
aggravated murder, murder, or a felony of the first, second, or	6297
third degree that is an offense of violence also is convicted of	6298
or pleads guilty to a specification of the type described in	6299
section 2941.143 of the Revised Code that charges the offender	6300
with having committed the offense in a school safety zone or	6301
towards a person in a school safety zone, the court shall impose	6302
upon the offender an additional prison term of two years. The	6303
offender shall serve the additional two years consecutively to and	6304
prior to the prison term imposed for the underlying offense.	6305

(K) At the time of sentencing, the court may recommend the	6306
offender for placement in a program of shock incarceration under	6307
section 5120.031 of the Revised Code or for placement in an	6308
intensive program prison under section 5120.032 of the Revised	6309
Code, disapprove placement of the offender in a program of shock	6310
incarceration or an intensive program prison of that nature, or	6311
make no recommendation on placement of the offender. In no case	6312
shall the department of rehabilitation and correction place the	6313
offender in a program or prison of that nature unless the	6314
department determines as specified in section 5120.031 or 5120.032	6315
of the Revised Code, whichever is applicable, that the offender is	6316
eligible for the placement.	6317

If the court disapproves placement of the offender in a	6318
program or prison of that nature, the department of rehabilitation	6319
and correction shall not place the offender in any program of	6320
shock incarceration or intensive program prison.	6321

If the court recommends placement of the offender in a	6322
program of shock incarceration or in an intensive program prison,	6323
and if the offender is subsequently placed in the recommended	6324
program or prison, the department shall notify the court of the	6325
placement and shall include with the notice a brief description of	6326
the placement.	6327

If the court recommends placement of the offender in a	6328
program of shock incarceration or in an intensive program prison	6329
and the department does not subsequently place the offender in the	6330
recommended program or prison, the department shall send a notice	6331
to the court indicating why the offender was not placed in the	6332
recommended program or prison.	6333

If the court does not make a recommendation under this	6334
division with respect to an offender and if the department	6335
determines as specified in section 5120.031 or 5120.032 of the	6336
Revised Code, whichever is applicable, that the offender is	6337
eligible for placement in a program or prison of that nature, the	6338
department shall screen the offender and determine if there is an	6339
available program of shock incarceration or an intensive program	6340
prison for which the offender is suited. If there is an available	6341
program of shock incarceration or an intensive program prison for	6342
which the offender is suited, the department shall notify the	6343
court of the proposed placement of the offender as specified in	6344
section 5120.031 or 5120.032 of the Revised Code and shall include	6345
with the notice a brief description of the placement. The court	6346
shall have ten days from receipt of the notice to disapprove the	6347
placement.	6348

(L) If a person is convicted of or pleads guilty to	6349
aggravated vehicular homicide in violation of division (A)(1) of	6350
section 2903.06 of the Revised Code and division (B)(2)(c) of that	6351
section applies, the person shall be sentenced pursuant to section	6352
2929.142 of the Revised Code.	6353

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	6354
hearing before imposing a sentence under this chapter upon an	6355
offender who was convicted of or pleaded guilty to a felony and	6356
before resentencing an offender who was convicted of or pleaded	6357
guilty to a felony and whose case was remanded pursuant to section	6358
2953.07 or 2953.08 of the Revised Code. At the hearing, the	6359
offender, the prosecuting attorney, the victim or the victim's	6360
representative in accordance with section 2930.14 of the Revised	6361
Code, and, with the approval of the court, any other person may	6362
present information relevant to the imposition of sentence in the	6363
case. The court shall inform the offender of the verdict of the	6364
jury or finding of the court and ask the offender whether the	6365
offender has anything to say as to why sentence should not be	6366
imposed upon the offender.	6367

(2) Except as otherwise provided in this division, before	6368
imposing sentence on an offender who is being sentenced on or	6369
after January 1, 1997, for a sexually oriented offense that is not	6370
a registration-exempt sexually oriented offense and who is in any	6371
category of offender described in division (B)(1)(a)(i), (ii), or	6372
(iii) of section 2950.09 of the Revised Code, the court shall	6373
conduct a hearing in accordance with division (B) of section	6374
2950.09 of the Revised Code to determine whether the offender is a	6375
sexual predator. The court shall not conduct a hearing under that	6376
division if the offender is being sentenced for a violent sex	6377
offense or a designated homicide, assault, or kidnapping offense	6378
and, in relation to that offense, the offender was adjudicated a	6379
sexually violent predator, if the offender is being sentenced	6380
under section 2971.03 of the Revised Code for a violation of	6381
division (A)(1)(b) of section 2907.02 of the Revised Code	6382
committed on or after the effective date of this amendment, if the	6383
offender is sentenced to a term of life without parole under	6384
division (B) of section 2907.02 of the Revised Code, or if the	6385
offender is being sentenced for attempted rape committed on or	6386
after the effective date of this amendment and a specification of	6387
the type described in section 2941.1418, 2941.1419, or 2941.1420	6388
of the Revised Code. Before imposing sentence on an offender who	6389
is being sentenced for a sexually oriented offense that is not a	6390
registration-exempt sexually oriented offense, the court also	6391
shall comply with division (E) of section 2950.09 of the Revised	6392
Code.	6393

Before imposing sentence on or after July 31, 2003, on an	6394
offender who is being sentenced for a child-victim oriented	6395
offense, regardless of when the offense was committed, the court	6396
shall conduct a hearing in accordance with division (B) of section	6397
2950.091 of the Revised Code to determine whether the offender is	6398
a child-victim predator. Before imposing sentence on an offender	6399
who is being sentenced for a child-victim oriented offense, the	6400
court also shall comply with division (E) of section 2950.091 of	6401
the Revised Code.	6402

(B)(1) At the sentencing hearing, the court, before imposing	6403
sentence, shall consider the record, any information presented at	6404
the hearing by any person pursuant to division (A) of this	6405
section, and, if one was prepared, the presentence investigation	6406
report made pursuant to section 2951.03 of the Revised Code or	6407
Criminal Rule 32.2, and any victim impact statement made pursuant	6408
to section 2947.051 of the Revised Code.	6409

(2) The court shall impose a sentence and shall make a	6410
finding that gives its reasons for selecting the sentence imposed	6411
in any of the following circumstances:	6412

(a) Unless the offense is a violent sex offense or designated	6413
homicide, assault, or kidnapping offense for which the court is	6414
required to impose sentence pursuant to division (G) of section	6415
2929.14 of the Revised Code, if it imposes a prison term for a	6416
felony of the fourth or fifth degree or for a felony drug offense	6417
that is a violation of a provision of Chapter 2925. of the Revised	6418
Code and that is specified as being subject to division (B) of	6419
section 2929.13 of the Revised Code for purposes of sentencing,	6420
its reasons for imposing the prison term, based upon the	6421
overriding purposes and principles of felony sentencing set forth	6422
in section 2929.11 of the Revised Code, and any factors listed in	6423
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code	6424
that it found to apply relative to the offender.	6425

(b) If it does not impose a prison term for a felony of the	6426
first or second degree or for a felony drug offense that is a	6427
violation of a provision of Chapter 2925. of the Revised Code and	6428
for which a presumption in favor of a prison term is specified as	6429
being applicable, its reasons for not imposing the prison term and	6430
for overriding the presumption, based upon the overriding purposes	6431
and principles of felony sentencing set forth in section 2929.11	6432
of the Revised Code, and the basis of the findings it made under	6433
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	6434

(c) If it imposes consecutive sentences under section 2929.14	6435
of the Revised Code, its reasons for imposing the consecutive	6436
sentences;	6437

(d) If the sentence is for one offense and it imposes a	6438
prison term for the offense that is the maximum prison term	6439
allowed for that offense by division (A) of section 2929.14 of the	6440
Revised Code or section 2929.142 of the Revised Code, its reasons	6441
for imposing the maximum prison term;	6442

(e) If the sentence is for two or more offenses arising out	6443
of a single incident and it imposes a prison term for those	6444
offenses that is the maximum prison term allowed for the offense	6445
of the highest degree by division (A) of section 2929.14 of the	6446
Revised Code or section 2929.142 of the Revised Code, its reasons	6447
for imposing the maximum prison term.	6448

(3) Subject to division (B)(4) of this section, if the	6449
sentencing court determines at the sentencing hearing that a	6450
prison term is necessary or required, the court shall do all of	6451
the following:	6452

(a) Impose a stated prison term;

6453

(b) Notify the offender that, as part of the sentence, the	6454
parole board may extend the stated prison term for certain	6455
violations of prison rules for up to one-half of the stated prison	6456
term;	6457

(c) Notify the offender that the offender will be supervised	6458
under section 2967.28 of the Revised Code after the offender	6459
leaves prison if the offender is being sentenced for a felony of	6460
the first degree or second degree, for a felony sex offense, or	6461
for a felony of the third degree that is not a felony sex offense	6462
and in the commission of which the offender caused or threatened	6463
to cause physical harm to a person. If a court imposes a sentence	6464
including a prison term of a type described in division (B)(3)(c)	6465
of this section on or after July 11, 2006, the failure of a court	6466
to notify the offender pursuant to division (B)(3)(c) of this	6467
section that the offender will be supervised under section 2967.28	6468
of the Revised Code after the offender leaves prison or to include	6469
in the judgment of conviction entered on the journal a statement	6470
to that effect does not negate, limit, or otherwise affect the	6471
mandatory period of supervision that is required for the offender	6472
under division (B) of section 2967.28 of the Revised Code. Section	6473
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	6474
court imposed a sentence including a prison term of a type	6475
described in division (B)(3)(c) of this section and failed to	6476
notify the offender pursuant to division (B)(3)(c) of this section	6477
regarding post-release control or to include in the judgment of	6478
conviction entered on the journal or in the sentence a statement	6479
regarding post-release control.	6480

(d) Notify the offender that the offender may be supervised	6481
under section 2967.28 of the Revised Code after the offender	6482
leaves prison if the offender is being sentenced for a felony of	6483
the third, fourth, or fifth degree that is not subject to division	6484
(B)(3)(c) of this section. Section 2929.191 of the Revised Code	6485
applies if, prior to July 11, 2006, a court imposed a sentence	6486
including a prison term of a type described in division (B)(3)(d)	6487
of this section and failed to notify the offender pursuant to	6488
division (B)(3)(d) of this section regarding post-release control	6489
or to include in the judgment of conviction entered on the journal	6490
or in the sentence a statement regarding post-release control.	6491

(e) Notify the offender that, if a period of supervision is	6492
imposed following the offender's release from prison, as described	6493
in division (B)(3)(c) or (d) of this section, and if the offender	6494
violates that supervision or a condition of post-release control	6495
imposed under division (B) of section 2967.131 of the Revised	6496
Code, the parole board may impose a prison term, as part of the	6497
sentence, of up to one-half of the stated prison term originally	6498
imposed upon the offender. If a court imposes a sentence including	6499
a prison term on or after July 11, 2006, the failure of a court to	6500
notify the offender pursuant to division (B)(3)(e) of this section	6501
that the parole board may impose a prison term as described in	6502
division (B)(3)(e) of this section for a violation of that	6503
supervision or a condition of post-release control imposed under	6504
division (B) of section 2967.131 of the Revised Code or to include	6505
in the judgment of conviction entered on the journal a statement	6506
to that effect does not negate, limit, or otherwise affect the	6507
authority of the parole board to so impose a prison term for a	6508
violation of that nature if, pursuant to division (D)(1) of	6509
section 2967.28 of the Revised Code, the parole board notifies the	6510
offender prior to the offender's release of the board's authority	6511
to so impose a prison term. Section 2929.191 of the Revised Code	6512
applies if, prior to July 11, 2006, a court imposed a sentence	6513
including a prison term and failed to notify the offender pursuant	6514
to division (B)(3)(e) of this section regarding the possibility of	6515
the parole board imposing a prison term for a violation of	6516
supervision or a condition of post-release control.	6517

(f) Require that the offender not ingest or be injected with	6518
a drug of abuse and submit to random drug testing as provided in	6519
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	6520
is applicable to the offender who is serving a prison term, and	6521
require that the results of the drug test administered under any	6522
of those sections indicate that the offender did not ingest or was	6523
not injected with a drug of abuse.	6524

(4) If the(a) The court shall include in the offender's	6525
sentence a statement that the offender is a tier III sex	6526
offender/child-victim offender, and the court shall comply with	6527
the requirements of section 2950.03 of the Revised Code if any of	6528
the following apply:	6529

(i) The offender is being sentenced for a violent sex	6530
offense or designated homicide, assault, or kidnapping offense	6531
that the offender committed on or after January 1, 1997, and the	6532
offender is adjudicated a sexually violent predator in relation to	6533
that offense, if the.	6534

(ii) The offender is being sentenced for a sexually oriented	6535
offense that is not a registration-exempt sexually oriented	6536
offense and that the offender committed on or after January 1,	6537
1997, and the court imposing the sentence has determined pursuant	6538
to division (B) of section 2950.09 of the Revised Code that the	6539
offender is a sexual predator, if thetier III sex	6540
offender/child-victim offender relative to that offense.	6541

(iii) The offender is being sentenced on or after July 31,	6542
2003, for a child-victim oriented offense, and the court imposing	6543
the sentence has determined pursuant to division (B) of section	6544
2950.091 of the Revised Code that the offender is a child-victim	6545
predator, if the offender is being sentenced for an aggravated	6546
sexually oriented offense as defined in section 2950.01 of the	6547
Revised Code, if thetier III sex offender/child-victim offender	6548
relative to that offense.	6549

(iv) The offender is being sentenced under section 2971.03 of	6550
the Revised Code for a violation of division (A)(1)(b) of section	6551
2907.02 of the Revised Code committed on or after the effective	6552
date of this amendment, if theJanuary 2, 2007.	6553

(v) The offender is sentenced to a term of life without	6554
parole under division (B) of section 2907.02 of the Revised Code,	6555
or if the.	6556

(vi) The offender is being sentenced for attempted rape	6557
committed on or after the effective date of this amendmentJanuary	6558
2, 2007, and a specification of the type described in section	6559
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the court	6560
shall include in the offender's sentence a statement that the	6561
offender has been adjudicated a sexual predator, has been	6562
adjudicated a child victim predator, or has been convicted of or	6563
pleaded guilty to an aggravated sexually oriented offense,	6564
whichever is applicable, and shall comply with the requirements of	6565
section 2950.03 of the Revised Code.	6566

(vii) The offender is being sentenced under division	6567
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	6568
for an offense described in those divisions committed on or after	6569
the effective date of this amendment.	6570

(b) Additionally, if any criterion set forth in divisions	6571
(B)(4)(a)(i) to (vii) of this section is satisfied, in the	6572
circumstances described in division (G) of section 2929.14 of the	6573
Revised Code, the court shall impose sentence on the offender as	6574
described in that division.	6575

(5) If the sentencing court determines at the sentencing	6576
hearing that a community control sanction should be imposed and	6577
the court is not prohibited from imposing a community control	6578
sanction, the court shall impose a community control sanction. The	6579
court shall notify the offender that, if the conditions of the	6580
sanction are violated, if the offender commits a violation of any	6581
law, or if the offender leaves this state without the permission	6582
of the court or the offender's probation officer, the court may	6583
impose a longer time under the same sanction, may impose a more	6584
restrictive sanction, or may impose a prison term on the offender	6585
and shall indicate the specific prison term that may be imposed as	6586
a sanction for the violation, as selected by the court from the	6587
range of prison terms for the offense pursuant to section 2929.14	6588
of the Revised Code.	6589

(6) Before imposing a financial sanction under section	6590
2929.18 of the Revised Code or a fine under section 2929.32 of the	6591
Revised Code, the court shall consider the offender's present and	6592
future ability to pay the amount of the sanction or fine.	6593

(7) If the sentencing court sentences the offender to a	6594
sanction of confinement pursuant to section 2929.14 or 2929.16 of	6595
the Revised Code that is to be served in a local detention	6596
facility, as defined in section 2929.36 of the Revised Code, and	6597
if the local detention facility is covered by a policy adopted	6598
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	6599
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	6600
and section 2929.37 of the Revised Code, both of the following	6601
apply:	6602

(a) The court shall specify both of the following as part of	6603
the sentence:	6604

(i) If the offender is presented with an itemized bill	6605
pursuant to section 2929.37 of the Revised Code for payment of the	6606
costs of confinement, the offender is required to pay the bill in	6607
accordance with that section.	6608

(ii) If the offender does not dispute the bill described in	6609
division (B)(7)(a)(i) of this section and does not pay the bill by	6610
the times specified in section 2929.37 of the Revised Code, the	6611
clerk of the court may issue a certificate of judgment against the	6612
offender as described in that section.	6613

(b) The sentence automatically includes any certificate of	6614
judgment issued as described in division (B)(7)(a)(ii) of this	6615
section.	6616

(C)(1) If the offender is being sentenced for a fourth degree	6617
felony OVI offense under division (G)(1) of section 2929.13 of the	6618
Revised Code, the court shall impose the mandatory term of local	6619
incarceration in accordance with that division, shall impose a	6620
mandatory fine in accordance with division (B)(3) of section	6621
2929.18 of the Revised Code, and, in addition, may impose	6622
additional sanctions as specified in sections 2929.15, 2929.16,	6623
2929.17, and 2929.18 of the Revised Code. The court shall not	6624
impose a prison term on the offender except that the court may	6625
impose a prison term upon the offender as provided in division	6626
(A)(1) of section 2929.13 of the Revised Code.	6627

(2) If the offender is being sentenced for a third or fourth	6628
degree felony OVI offense under division (G)(2) of section 2929.13	6629
of the Revised Code, the court shall impose the mandatory prison	6630
term in accordance with that division, shall impose a mandatory	6631
fine in accordance with division (B)(3) of section 2929.18 of the	6632
Revised Code, and, in addition, may impose an additional prison	6633
term as specified in section 2929.14 of the Revised Code. In	6634
addition to the mandatory prison term or mandatory prison term and	6635
additional prison term the court imposes, the court also may	6636
impose a community control sanction on the offender, but the	6637
offender shall serve all of the prison terms so imposed prior to	6638
serving the community control sanction.	6639

(D) The sentencing court, pursuant to division (K) of section	6640
2929.14 of the Revised Code, may recommend placement of the	6641
offender in a program of shock incarceration under section	6642
5120.031 of the Revised Code or an intensive program prison under	6643
section 5120.032 of the Revised Code, disapprove placement of the	6644
offender in a program or prison of that nature, or make no	6645
recommendation. If the court recommends or disapproves placement,	6646
it shall make a finding that gives its reasons for its	6647
recommendation or disapproval.	6648

Sec. 2929.23.  (A) If an offender is being sentenced for a	6649
sexually oriented offense or child-victim oriented offense that is	6650
a misdemeanor committed on or after January 1, 1997, and if the	6651
judge imposing sentence for the sexually oriented offense	6652
determines pursuant to division (B) of section 2950.09 of the	6653
Revised Code that the offender is a sexual predatortier III sex	6654
offender/child-victim offender relative to the offense or the	6655
offense is any offense listed in division (D)(1) to (3) of section	6656
2901.07 of the Revised Code, the judge shall include in the	6657
offender's sentence a statement that the offender has been	6658
adjudicated a sexual predatoris a tier III sex	6659
offender/child-victim offender, shall comply with the requirements	6660
of section 2950.03 of the Revised Code, and shall require the	6661
offender to submit to a DNA specimen collection procedure pursuant	6662
to section 2901.07 of the Revised Code.	6663

(B) Before imposing sentence on an offender who is being	6664
sentenced for a sexually oriented offense that is a misdemeanor,	6665
that was committed on or after January 1, 1997, and that is not a	6666
registration-exempt sexually oriented offense, the judge shall	6667
conduct a hearing in accordance with division (B) of section	6668
2950.09 of the Revised Code to determine whether the offender is a	6669
sexual predator. Before imposing sentence on an offender who is	6670
being sentenced for a sexually oriented offense that is not a	6671
registration-exempt sexually oriented offense, the court also	6672
shall comply with division (E) of section 2950.09 of the Revised	6673
Code.	6674

Before imposing sentence on or after the effective date of	6675
this amendment on an offender who is being sentenced for a	6676
child-victim oriented offense that is a misdemeanor, regardless of	6677
when the offense was committed, the judge shall conduct a hearing	6678
in accordance with division (B) of section 2950.091 of the Revised	6679
Code to determine whether the offender is a child-victim predator.	6680
Before imposing sentence on an offender who is being sentenced for	6681
a child-victim oriented offense, the court also shall comply with	6682
division (E) of section 2950.091 of the Revised Code.	6683

(C) If an offender is being sentenced for a sexually oriented	6684
offense that is not a registration-exempt sexually oriented	6685
offense or for a child-victim oriented offense that is a	6686
misdemeanor committed on or after January 1, 1997, the judge shall	6687
include in the sentence a summary of the offender's duties imposed	6688
under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	6689
Revised Code and the duration of the duties. The judge shall	6690
inform the offender, at the time of sentencing, of those duties	6691
and of their duration and, if. If required under division (A)(2)	6692
of section 2950.03 of the Revised Code, the judge shall perform	6693
the duties specified in that section or, if required under	6694
division (A)(6) of section 2950.03 of the Revised Code, the judge	6695
shall perform the duties specified in that division.	6696

Sec. 2930.16.  (A) If a defendant is incarcerated, a victim	6697
in a case who has requested to receive notice under this section	6698
shall be given notice of the incarceration of the defendant. If an	6699
alleged juvenile offender is committed to the temporary custody of	6700
a school, camp, institution, or other facility operated for the	6701
care of delinquent children or to the legal custody of the	6702
department of youth services, a victim in a case who has requested	6703
to receive notice under this section shall be given notice of the	6704
commitment. Promptly after sentence is imposed upon the defendant	6705
or the commitment of the alleged juvenile offender is ordered, the	6706
prosecutor in the case shall notify the victim of the date on	6707
which the defendant will be released from confinement or the	6708
prosecutor's reasonable estimate of that date or the date on which	6709
the alleged juvenile offender will have served the minimum period	6710
of commitment or the prosecutor's reasonable estimate of that	6711
date. The prosecutor also shall notify the victim of the name of	6712
the custodial agency of the defendant or alleged juvenile offender	6713
and tell the victim how to contact that custodial agency. If the	6714
custodial agency is the department of rehabilitation and	6715
correction, the prosecutor shall notify the victim of the services	6716
offered by the office of victims' services pursuant to section	6717
5120.60 of the Revised Code. If the custodial agency is the	6718
department of youth services, the prosecutor shall notify the	6719
victim of the services provided by the office of victims' services	6720
within the release authority of the department pursuant to section	6721
5139.55 of the Revised Code and the victim's right pursuant to	6722
section 5139.56 of the Revised Code to submit a written request to	6723
the release authority to be notified of actions the release	6724
authority takes with respect to the alleged juvenile offender. The	6725
victim shall keep the custodial agency informed of the victim's	6726
current address and telephone number.	6727

(B)(1) Upon the victim's request, the prosecutor promptly	6728
shall notify the victim of any hearing for judicial release of the	6729
defendant pursuant to section 2929.20 of the Revised Code or of	6730
any hearing for judicial release or early release of the alleged	6731
juvenile offender pursuant to section 2151.38 of the Revised Code	6732
and of the victim's right to make a statement under those	6733
sections. The court shall notify the victim of its ruling in each	6734
of those hearings and on each of those applications.	6735

(2) If an offender is convicted of or pleads guilty to a	6736
violent sex offense or designated homicide, assault, or kidnapping	6737
offense, the offender is adjudicated a sexually violent predator	6738
in relation to that crime, and the offender is sentenced to a	6739
prison term for that crime pursuant to division (A)(3) or (B) of	6740
section 2971.03 of the Revised Code, if an offender is convicted	6741
of or pleads guilty to a violation of division (A)(1)(b) of	6742
section 2907.02 of the Revised Code committed on or after the	6743
effective date of this amendment, and the offender is sentenced to	6744
a prison term for that offense pursuant to division (B)(1)(a),	6745
(b), or (c) of section 2971.03 of the Revised Code, if an offender	6746
is convicted of or pleads guilty to attempted rape committed on or	6747
after the effective date of this amendment, the offender also is	6748
convicted of or pleads guilty to a specification of the type	6749
described in section 2941.1418 of the Revised Code, and the	6750
offender is sentenced to a prison term for that offense pursuant	6751
to division (B)(2)(a) of section 2971.03 of the Revised Code, if	6752
the offender is convicted of or pleads guilty to attempted rape	6753
committed on or after the effective date of this amendment, the	6754
offender also is convicted of or pleads guilty to a specification	6755
of the type described in section 2941.1419 of the Revised Code,	6756
and the offender is sentenced to a prison term for that offense	6757
pursuant to division (B)(2)(b) of section 2971.03 of the Revised	6758
Code, or if the offender is convicted of or pleads guilty to	6759
attempted rape committed on or after the effective date of this	6760
amendment, the offender also is convicted of or pleads guilty to a	6761
specification of the type described in section 2941.1420 of the	6762
Revised Code, and the offender is sentenced to a prison term for	6763
that offense pursuant to division (B)(2)(c) of section 2971.03 of	6764
the Revised Code, upon the request of the victim of the crime, the	6765
prosecutor promptly shall notify the victim of any hearing to be	6766
conducted pursuant to section 2971.05 of the Revised Code to	6767
determine whether to modify the requirement that the offender	6768
serve the entire prison term in a state correctional facility in	6769
accordance with division (C) of that section, whether to continue,	6770
revise, or revoke any existing modification of that requirement,	6771
or whether to terminate the prison term in accordance with	6772
division (D) of that section. The court shall notify the victim of	6773
any order issued at the conclusion of the hearing. As used in	6774
this division:	6775

(a) "Adjudicated a sexually violent predator" has the same	6776
meaning as in section 2929.01 of the Revised Code and a person is	6777
"adjudicated a sexually violent predator" in the same manner and	6778
the same circumstances as are described in that section.	6779

(b) "Designated homicide, assault, or kidnapping offense" and	6780
"violent sex offense" have the same meanings as in section 2971.01	6781
of the Revised Code.	6782

(C) Upon the victim's request made at any time before the	6783
particular notice would be due, the custodial agency of a	6784
defendant or alleged juvenile offender shall give the victim any	6785
of the following notices that is applicable:	6786

(1) At least three weeks before the adult parole authority	6787
recommends a pardon or commutation of sentence for the defendant	6788
or at least three weeks prior to a hearing before the adult parole	6789
authority regarding a grant of parole to the defendant, notice of	6790
the victim's right to submit a statement regarding the impact of	6791
the defendant's release in accordance with section 2967.12 of the	6792
Revised Code and, if applicable, of the victim's right to appear	6793
at a full board hearing of the parole board to give testimony as	6794
authorized by section 5149.101 of the Revised Code;	6795

(2) At least three weeks before the defendant is transferred	6796
to transitional control under section 2967.26 of the Revised Code,	6797
notice of the pendency of the transfer and of the victim's right	6798
under that section to submit a statement regarding the impact of	6799
the transfer;	6800

(3) At least thirty days before the release authority of the	6801
department of youth services holds a release review, release	6802
hearing, or discharge review for the alleged juvenile offender,	6803
notice of the pendency of the review or hearing, of the victim's	6804
right to make an oral or written statement regarding the impact of	6805
the crime upon the victim or regarding the possible release or	6806
discharge, and, if the notice pertains to a hearing, of the	6807
victim's right to attend and make statements or comments at the	6808
hearing as authorized by section 5139.56 of the Revised Code;	6809

(4) Prompt notice of the defendant's or alleged juvenile	6810
offender's escape from a facility of the custodial agency in which	6811
the defendant was incarcerated or in which the alleged juvenile	6812
offender was placed after commitment, of the defendant's or	6813
alleged juvenile offender's absence without leave from a mental	6814
health or mental retardation and developmental disabilities	6815
facility or from other custody, and of the capture of the	6816
defendant or alleged juvenile offender after an escape or absence;	6817

(5) Notice of the defendant's or alleged juvenile offender's	6818
death while in confinement or custody;	6819

(6) Notice of the defendant's or alleged juvenile offender's	6820
release from confinement or custody and the terms and conditions	6821
of the release.	6822

Sec. 2941.148.  (A)(1) The application of Chapter 2971. of	6823
the Revised Code to an offender is precluded unless one of the	6824
following applies:	6825

(a) The offender is charged with a violent sex offense, and	6826
the indictment, count in the indictment, or information charging	6827
the violent sex offense also includes a specification that the	6828
offender is a sexually violent predator, or the offender is	6829
charged with a designated homicide, assault, or kidnapping	6830
offense, and the indictment, count in the indictment, or	6831
information charging the designated homicide, assault, or	6832
kidnapping offense also includes both a specification of the type	6833
described in section 2941.147 of the Revised Code and a	6834
specification that the offender is a sexually violent predator.	6835

(b) The offender is convicted of or pleads guilty to a	6836
violation of division (A)(1)(b) of section 2907.02 of the Revised	6837
Code committed on or after the effective date of this amendment	6838
January 2, 2007, and division (B) of section 2907.02 of the	6839
Revised Code does not prohibit the court from sentencing the	6840
offender pursuant to section 2971.03 of the Revised Code.	6841

(c) The offender is convicted of or pleads guilty to	6842
attempted rape committed on or after the effective date of this	6843
amendmentJanuary 2, 2007, and to a specification of the type	6844
described in section 2941.1418, 2941.1419, or 2941.1420 of the	6845
Revised Code.	6846

(d) The offender is convicted of or pleads guilty to a	6847
violation of section 2905.01 of the Revised Code and to a	6848
specification of the type described in section 2941.147 of the	6849
Revised Code, and section 2905.01 of the Revised Code requires a	6850
court to sentence the offender pursuant to section 2971.03 of the	6851
Revised Code.	6852

(e) The offender is convicted of or pleads guilty to	6853
aggravated murder and to a specification of the type described in	6854
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	6855
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),	6856
(C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section	6857
2929.03, or division (A) or (B) of section 2929.06 of the Revised	6858
Code requires a court to sentence the offender pursuant to	6859
division (B)(3) of section 2971.03 of the Revised Code.	6860

(f) The offender is convicted of or pleads guilty to murder	6861
and to a specification of the type described in section 2941.147	6862
of the Revised Code, and division (B)(2) of section 2929.02 of the	6863
Revised Code requires a court to sentence the offender pursuant to	6864
section 2971.03 of the Revised Code.	6865

(2) A specification required under division (A)(1)(a) of this	6866
section that an offender is a sexually violent predator shall be	6867
stated at the end of the body of the indictment, count, or	6868
information and shall be stated in substantially the following	6869
form:	6870

"Specification (or, specification to the first count). The	6871
grand jury (or insert the person's or prosecuting attorney's name	6872
when appropriate) further find and specify that the offender is a	6873
sexually violent predator."	6874

(B) In determining for purposes of this section whether a	6875
person is a sexually violent predator, all of the factors set	6876
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	6877
Code that apply regarding the person may be considered as evidence	6878
tending to indicate that it is likely that the person will engage	6879
in the future in one or more sexually violent offenses.	6880

(C) As used in this section, "designated homicide, assault,	6881
or kidnapping offense," "violent sex offense," and "sexually	6882
violent predator" have the same meanings as in section 2971.01 of	6883
the Revised Code.	6884

Sec. 2950.01. As used in this chapter, unless the context	6885
clearly requires otherwise:	6886

(A) "Sexually oriented offense" means any of the following	6887
violations or offenses committed by a person, regardless of the	6888
person's age:	6889

(1) A violation of section 2907.02, 2907.03, 2907.05,	6890
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,	6891
or 2907.323 of the Revised Code;	6892

(2) A violation of section 2907.04 of the Revised Code when	6893
the offender is less than four years older than the other person	6894
with whom the offender engaged in sexual conduct, the other person	6895
did not consent to the sexual conduct, and the offender previously	6896
has not been convicted of or pleaded guilty to a violation of	6897
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	6898
violation of former section 2907.12 of the Revised Code;	6899

(3) A violation of section 2907.04 of the Revised Code when	6900
the offender is at least four years older than the other person	6901
with whom the offender engaged in sexual conduct or when the	6902
offender is less than four years older than the other person with	6903
whom the offender engaged in sexual conduct and the offender	6904
previously has been convicted of or pleaded guilty to a violation	6905
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	6906
violation of former section 2907.12 of the Revised Code;	6907

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	6908
the Revised Code when the violation was committed with a sexual	6909
motivation;	6910

(5) A violation of division (A) of section 2903.04 of the	6911
Revised Code when the offender committed or attempted to commit	6912
the felony that is the basis of the violation with a sexual	6913
motivation;	6914

(6) A violation of division (A)(3) of section 2903.211 of the	6915
Revised Code;	6916

(7) A violation of division (A)(1), (2), (3), or (5) of	6917
section 2905.01 of the Revised Code when the offense is committed	6918
with a sexual motivation;	6919

(8) A violation of division (A)(4) of section 2905.01 of the	6920
Revised Code;	6921

(9) A violation of division (B) of section 2905.01 of the	6922
Revised Code when the victim of the offense is under eighteen	6923
years of age and the offender is not a parent of the victim of the	6924
offense;	6925

(10) A violation of division (B) of section 2905.02, of	6926
division (B) of section 2905.03, of division (B) of section	6927
2905.05, or of division (B)(5) of section 2919.22 of the Revised	6928
Code;	6929

(11) A violation of any former law of this state, any	6930
existing or former municipal ordinance or law of another state or	6931
the United States, any existing or former law applicable in a	6932
military court or in an Indian tribal court, or any existing or	6933
former law of any nation other than the United States that is or	6934
was substantially equivalent to any offense listed in division	6935
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this	6936
section;	6937

(12) Any attempt to commit, conspiracy to commit, or	6938
complicity in committing any offense listed in division (A)(1),	6939
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this	6940
section.	6941

(B)(1) "Sex offender" means, subject to division (B)(2) of	6942
this section, a person who is convicted of, pleads guilty to, has	6943
been convicted of, has pleaded guilty to, is adjudicated a	6944
delinquent child for committing, or has been adjudicated a	6945
delinquent child for committing any sexually oriented offense.	6946

(2) "Sex offender" does not include a person who is convicted	6947
of, pleads guilty to, has been convicted of, has pleaded guilty	6948
to, is adjudicated a delinquent child for committing, or has been	6949
adjudicated a delinquent child for committing a sexually oriented	6950
offense if the offense involves consensual sexual conduct or	6951
consensual sexual contact and either of the following applies:	6952

(a) The victim of the sexually oriented offense was eighteen	6953
years of age or older and at the time of the sexually oriented	6954
offense was not under the custodial authority of the person who is	6955
convicted of, pleads guilty to, has been convicted of, has pleaded	6956
guilty to, is adjudicated a delinquent child for committing, or	6957
has been adjudicated a delinquent child for committing the	6958
sexually oriented offense.	6959

(b) The victim of the offense was thirteen years of age or	6960
older, and the person who is convicted of, pleads guilty to, has	6961
been convicted of, has pleaded guilty to, is adjudicated a	6962
delinquent child for committing, or has been adjudicated a	6963
delinquent child for committing the sexually oriented offense is	6964
not more than four years older than the victim.	6965

(C) "Child-victim oriented offense" means any of the	6966
following violations or offenses committed by a person, regardless	6967
of the person's age, when the victim is under eighteen years of	6968
age and is not a child of the person who commits the violation:	6969

(1) A violation of division (A)(1), (2), (3), or (5) of	6970
section 2905.01 of the Revised Code when the violation is not	6971
included in division (A)(7) of this section;	6972

(2) A violation of division (A) of section 2905.02, division	6973
(A) of section 2905.03, or division (A) of section 2905.05 of the	6974
Revised Code;	6975

(3) A violation of any former law of this state, any existing	6976
or former municipal ordinance or law of another state or the	6977
United States, any existing or former law applicable in a military	6978
court or in an Indian tribal court, or any existing or former law	6979
of any nation other than the United States that is or was	6980
substantially equivalent to any offense listed in division (C)(1)	6981
or (2) of this section;	6982

(4) Any attempt to commit, conspiracy to commit, or	6983
complicity in committing any offense listed in division (C)(1),	6984
(2), or (3) of this section.	6985

(D) "Child-victim offender" means a person who is convicted	6986
of, pleads guilty to, has been convicted of, has pleaded guilty	6987
to, is adjudicated a delinquent child for committing, or has been	6988
adjudicated a delinquent child for committing any child-victim	6989
oriented offense.	6990

(E) "Tier I sex offender/child-victim offender" means any of	6991
the following:	6992

(1) A sex offender who is convicted of, pleads guilty to, has	6993
been convicted of, or has pleaded guilty to any of the following	6994
sexually oriented offenses:	6995

(a) A violation of section 2907.06, 2907.07, 2907.08, or	6996
2907.32 of the Revised Code;	6997

(b) A violation of section 2907.04 of the Revised Code when	6998
the offender is less than four years older than the other person	6999
with whom the offender engaged in sexual conduct, the other person	7000
did not consent to the sexual conduct, and the offender previously	7001
has not been convicted of or pleaded guilty to a violation of	7002
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	7003
violation of former section 2907.12 of the Revised Code;	7004

(c) A violation of division (A)(1), (2), (3), or (5) of	7005
section 2907.05 of the Revised Code;	7006

(d) A violation of division (A)(3) of section 2907.323 of the	7007
Revised Code;	7008

(e) A violation of division (A)(3) of section 2903.211, of	7009
division (B) of section 2905.03, or of division (B) of section	7010
2905.05 of the Revised Code;	7011

(f) A violation of any former law of this state, any existing	7012
or former municipal ordinance or law of another state or the	7013
United States, any existing or former law applicable in a military	7014
court or in an Indian tribal court, or any existing or former law	7015
of any nation other than the United States, that is or was	7016
substantially equivalent to any offense listed in division	7017
(E)(1)(a), (b), (c), (d), or (e) of this section;	7018

(g) Any attempt to commit, conspiracy to commit, or	7019
complicity in committing any offense listed in division (E)(1)(a),	7020
(b), (c), (d), (e), or (f) of this section.	7021

(2) A child-victim offender who is convicted of, pleads	7022
guilty to, has been convicted of, or has pleaded guilty to a	7023
child-victim oriented offense and who is not within either	7024
category of child-victim offender described in division (F)(2) or	7025
(G)(2) of this section.	7026

(3) A sex offender who is adjudicated a delinquent child for	7027
committing or has been adjudicated a delinquent child for	7028
committing any sexually oriented offense and who a juvenile court,	7029
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	7030
Revised Code, classifies a tier I sex offender/child-victim	7031
offender relative to the offense.	7032

(4) A child-victim offender who is adjudicated a delinquent	7033
child for committing or has been adjudicated a delinquent child	7034
for committing any child-victim oriented offense and who a	7035
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	7036
2152.85 of the Revised Code, classifies a tier I sex	7037
offender/child-victim offender relative to the offense.	7038

(F) "Tier II sex offender/child-victim offender" means any of	7039
the following:	7040

(1) A sex offender who is convicted of, pleads guilty to, has	7041
been convicted of, or has pleaded guilty to any of the following	7042
sexually oriented offenses:	7043

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	7044
the Revised Code;	7045

(b) A violation of section 2907.04 of the Revised Code when	7046
the offender is at least four years older than the other person	7047
with whom the offender engaged in sexual conduct, or when the	7048
offender is less than four years older than the other person with	7049
whom the offender engaged in sexual conduct and the offender	7050
previously has been convicted of or pleaded guilty to a violation	7051
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	7052
former section 2907.12 of the Revised Code;	7053

(c) A violation of division (A)(4) of section 2907.05 or of	7054
division (A)(1) or (2) of section 2907.323 of the Revised Code;	7055

(d) A violation of division (A)(1), (2), (3), or (5) of	7056
section 2905.01 of the Revised Code when the offense is committed	7057
with a sexual motivation;	7058

(e) A violation of division (A)(4) of section 2905.01 of the	7059
Revised Code when the victim of the offense is eighteen years of	7060
age or older;	7061

(f) A violation of division (B) of section 2905.02 or of	7062
division (B)(5) of section 2919.22 of the Revised Code;	7063

(g) A violation of any former law of this state, any existing	7064
or former municipal ordinance or law of another state or the	7065
United States, any existing or former law applicable in a military	7066
court or in an Indian tribal court, or any existing or former law	7067
of any nation other than the United States that is or was	7068
substantially equivalent to any offense listed in division	7069
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;	7070

(h) Any attempt to commit, conspiracy to commit, or	7071
complicity in committing any offense listed in division (F)(1)(a),	7072
(b), (c), (d), (e), (f), or (g) of this section;	7073

(i) Any sexually oriented offense that is committed after the	7074
sex offender previously has been convicted of, pleaded guilty to,	7075
or has been adjudicated a delinquent child for committing any	7076
sexually oriented offense or child-victim oriented offense for	7077
which the offender was classified a tier I sex	7078
offender/child-victim offender.	7079

(2) A child-victim offender who is convicted of, pleads	7080
guilty to, has been convicted of, or has pleaded guilty to any	7081
child-victim oriented offense when the child-victim oriented	7082
offense is committed after the child-victim offender previously	7083
has been convicted of, pleaded guilty to, or been adjudicated a	7084
delinquent child for committing any sexually oriented offense or	7085
child-victim oriented offense for which the offender was	7086
classified a tier I sex offender/child-victim offender.	7087

(3) A sex offender who is adjudicated a delinquent child for	7088
committing or has been adjudicated a delinquent child for	7089
committing any sexually oriented offense and who a juvenile court,	7090
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	7091
Revised Code, classifies a tier II sex offender/child-victim	7092
offender relative to the offense.	7093

(4) A child-victim offender who is adjudicated a delinquent	7094
child for committing or has been adjudicated a delinquent child	7095
for committing any child-victim oriented offense and whom a	7096
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	7097
2152.85 of the Revised Code, classifies a tier II sex	7098
offender/child-victim offender relative to the current offense.	7099

(5) A sex offender or child-victim offender who is not in any	7100
category of tier II sex offender/child-victim offender set forth	7101
in division (F)(1), (2), (3), or (4) of this section, who prior to	7102
January 1, 2008, was adjudicated a delinquent child for committing	7103
a sexually oriented offense or child-victim oriented offense, and	7104
who prior to that date was determined to be a habitual sex	7105
offender or determined to be a habitual child-victim offender,	7106
unless either of the following applies:	7107

(a) The sex offender or child-victim offender is reclassified	7108
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	7109
tier I sex offender/child-victim offender or a tier III sex	7110
offender/child-victim offender relative to the offense.	7111

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	7112
2152.84, or 2152.85 of the Revised Code, classifies the child a	7113
tier I sex offender/child-victim offender or a tier III sex	7114
offender/child-victim offender relative to the offense.	7115

(G) "Tier III sex offender/child-victim offender" means any	7116
of the following:	7117

(1) A sex offender who is convicted of, pleads guilty to, has	7118
been convicted of, or has pleaded guilty to any of the following	7119
sexually oriented offenses:	7120

(a) A violation of section 2907.02 or 2907.03 of the Revised	7121
Code;	7122

(b) A violation of division (B) of section 2907.05 of the	7123
Revised Code;	7124

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	7125
the Revised Code when the violation was committed with a sexual	7126
motivation;	7127

(d) A violation of division (A) of section 2903.04 of the	7128
Revised Code when the offender committed or attempted to commit	7129
the felony that is the basis of the violation with a sexual	7130
motivation;	7131

(e) A violation of division (A)(4) of section 2905.01 of the	7132
Revised Code when the victim of the offense is under eighteen	7133
years of age;	7134

(f) A violation of division (B) of section 2905.01 of the	7135
Revised Code when the victim of the offense is under eighteen	7136
years of age and the offender is not a parent of the victim of the	7137
offense;	7138

(g) A violation of any former law of this state, any existing	7139
or former municipal ordinance or law of another state or the	7140
United States, any existing or former law applicable in a military	7141
court or in an Indian tribal court, or any existing or former law	7142
of any nation other than the United States that is or was	7143
substantially equivalent to any offense listed in division	7144
(G)(1)(a), (b), (c), (d), (e), or (f) of this section;	7145

(h) Any attempt to commit, conspiracy to commit, or	7146
complicity in committing any offense listed in division (G)(1)(a),	7147
(b), (c), (d), (e), (f), or (g) of this section;	7148

(i) Any sexually oriented offense that is committed after the	7149
sex offender previously has been convicted of, pleaded guilty to,	7150
or been adjudicated a delinquent child for committing any sexually	7151
oriented offense or child-victim oriented offense for which the	7152
offender was classified a tier II sex offender/child-victim	7153
offender or a tier III sex offender/child-victim offender.	7154

(2) A child-victim offender who is convicted of, pleads	7155
guilty to, has been convicted of, or has pleaded guilty to any	7156
child-victim oriented offense when the child-victim oriented	7157
offense is committed after the child-victim offender previously	7158
has been convicted of, pleaded guilty to, or been adjudicated a	7159
delinquent child for committing any sexually oriented offense or	7160
child-victim oriented offense for which the offender was	7161
classified a tier II sex offender/child-victim offender or a tier	7162
III sex offender/child-victim offender.	7163

(3) A sex offender who is adjudicated a delinquent child for	7164
committing or has been adjudicated a delinquent child for	7165
committing any sexually oriented offense and who a juvenile court,	7166
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	7167
Revised Code, classifies a tier III sex offender/child-victim	7168
offender relative to the offense.	7169

(4) A child-victim offender who is adjudicated a delinquent	7170
child for committing or has been adjudicated a delinquent child	7171
for committing any child-victim oriented offense and whom a	7172
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	7173
2152.85 of the Revised Code, classifies a tier III sex	7174
offender/child-victim offender relative to the current offense.	7175

(5) A sex offender or child-victim offender who is not in	7176
any category of tier III sex offender/child-victim offender set	7177
forth in division (G)(1), (2), (3), or (4) of this section, who	7178
prior to January 1, 2008, was convicted of or pleaded guilty to a	7179
sexually oriented offense or child-victim oriented offense or was	7180
adjudicated a delinquent child for committing a sexually oriented	7181
offense or child-victim oriented offense and classified a juvenile	7182
offender registrant, and who prior to that date was adjudicated a	7183
sexual predator or adjudicated a child-victim predator, unless	7184
either of the following applies:	7185

(a) The sex offender or child-victim offender is reclassified	7186
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	7187
tier I sex offender/child-victim offender or a tier II sex	7188
offender/child-victim offender relative to the offense.	7189

(b) The sex offender or child-victim offender is a delinquent	7190
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	7191
2152.84, or 2152.85 of the Revised Code, classifies the child a	7192
tier I sex offender/child-victim offender or a tier II sex	7193
offender/child-victim offender relative to the offense.	7194

(6) A sex offender who is convicted of, pleads guilty to, was	7195
convicted of, or pleaded guilty to a sexually oriented offense, if	7196
the sexually oriented offense and the circumstances in which it	7197
was committed are such that division (F) of section 2971.03 of the	7198
Revised Code automatically classifies the offender as a tier III	7199
sex offender/child-victim offender;	7200

(7) A sex offender or child-victim offender who is convicted	7201
of, pleads guilty to, was convicted of, pleaded guilty to, is	7202
adjudicated a delinquent child for committing, or was adjudicated	7203
a delinquent child for committing a sexually oriented offense or	7204
child-victim offense in another state, in a federal court,	7205
military court, or Indian tribal court, or in a court in any	7206
nation other than the United States if both of the following	7207
apply:	7208

(a) Under the law of the jurisdiction in which the offender	7209
was convicted or pleaded guilty or the delinquent child was	7210
adjudicated, the offender or delinquent child is in a category	7211
substantially equivalent to a category of tier III sex	7212
offender/child-victim offender described in division (G)(1), (2),	7213
(3), (4), (5), or (6) of this section.	7214

(b) Subsequent to the conviction, plea of guilty, or	7215
adjudication in the other jurisdiction, the offender or delinquent	7216
child resides, has temporary domicile, attends school or an	7217
institution of higher education, is employed, or intends to reside	7218
in this state in any manner and for any period of time that	7219
subjects the offender or delinquent child to a duty to register or	7220
provide notice of intent to reside under section 2950.04 or	7221
2950.041 of the Revised Code.	7222

(H) "Confinement" includes, but is not limited to, a	7223
community residential sanction imposed pursuant to section 2929.16	7224
or 2929.26 of the Revised Code.	7225

(B) "Habitual sex offender" means, except when a juvenile	7226
judge removes this classification pursuant to division (A)(2) of	7227
section 2152.84 or division (C)(2) of section 2152.85 of the	7228
Revised Code, a person to whom both of the following apply:	7229

(1) The person is convicted of or pleads guilty to a sexually	7230
oriented offense that is not a registration-exempt sexually	7231
oriented offense, or the person is adjudicated a delinquent child	7232
for committing on or after January 1, 2002, a sexually oriented	7233
offense that is not a registration-exempt sexually oriented	7234
offense, was fourteen years of age or older at the time of	7235
committing the offense, and is classified a juvenile sex offender	7236
registrant based on that adjudication.	7237

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

7238

(a) Regarding a person who is an offender, the person	7239
previously was convicted of or pleaded guilty to one or more	7240
sexually oriented offenses or child-victim oriented offenses or	7241
previously was adjudicated a delinquent child for committing one	7242
or more sexually oriented offenses or child-victim oriented	7243
offenses and was classified a juvenile offender registrant or	7244
out-of-state juvenile offender registrant based on one or more of	7245
those adjudications, regardless of when the offense was committed	7246
and regardless of the person's age at the time of committing the	7247
offense.	7248

(b) Regarding a delinquent child, the person previously was	7249
convicted of, pleaded guilty to, or was adjudicated a delinquent	7250
child for committing one or more sexually oriented offenses or	7251
child-victim oriented offenses, regardless of when the offense was	7252
committed and regardless of the person's age at the time of	7253
committing the offense.	7254

(C)(I) "Prosecutor" has the same meaning as in section	7255
2935.01 of the Revised Code.	7256

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

7257

(1) Any of the following violations or offenses committed by	7258
a person eighteen years of age or older:	7259

(a) Regardless of the age of the victim of the offense, a	7260
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the	7261
Revised Code;	7262

(b) Any of the following offenses involving a minor, in the	7263
circumstances specified:	7264

(i) A violation of division (A)(4) of section 2905.01 or	7265
section 2907.04, 2907.06, or 2907.08 of the Revised Code, when the	7266
victim of the offense is under eighteen years of age;	7267

(ii) A violation of section 2907.21 of the Revised Code when	7268
the person who is compelled, induced, procured, encouraged,	7269
solicited, requested, or facilitated to engage in, paid or agreed	7270
to be paid for, or allowed to engage in the sexual activity in	7271
question is under eighteen years of age;	7272

(iii) A violation of division (A)(1) or (3) of section	7273
2907.321 or 2907.322 of the Revised Code;	7274

(iv) A violation of division (A)(1) or (2) of section	7275
2907.323 of the Revised Code;	7276

(v) A violation of division (B)(5) of section 2919.22 of the	7277
Revised Code when the child who is involved in the offense is	7278
under eighteen years of age;	7279

(vi) A violation of division (A)(1), (2), (3), or (5) of	7280
section 2905.01, of section 2903.211, 2905.02, 2905.03, or	7281
2905.05, or of former section 2905.04 of the Revised Code, when	7282
the victim of the offense is under eighteen years of age and the	7283
offense is committed with a sexual motivation.	7284

(c) Regardless of the age of the victim of the offense, a	7285
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	7286
Revised Code, or of division (A) of section 2903.04 of the Revised	7287
Code, that is committed with a sexual motivation;	7288

(d) A violent sex offense, or a designated homicide, assault,	7289
or kidnapping offense if the offender also was convicted of or	7290
pleaded guilty to a sexual motivation specification that was	7291
included in the indictment, count in the indictment, or	7292
information charging the designated homicide, assault, or	7293
kidnapping offense;	7294

(e) A violation of section 2907.06 or 2907.08 of the Revised	7295
Code when the victim of the offense is eighteen years of age or	7296
older, or a violation of section 2903.211 of the Revised Code when	7297
the victim of the offense is eighteen years of age or older and	7298
the offense is committed with a sexual motivation;	7299

(f) A violation of any former law of this state, any existing	7300
or former municipal ordinance or law of another state or the	7301
United States, any existing or former law applicable in a military	7302
court or in an Indian tribal court, or any existing or former law	7303
of any nation other than the United States, that is or was	7304
substantially equivalent to any offense listed in division	7305
(D)(1)(a), (b), (c), (d), or (e) of this section;	7306

(g) An attempt to commit, conspiracy to commit, or complicity	7307
in committing any offense listed in division (D)(1)(a), (b), (c),	7308
(d), (e), or (f) of this section.	7309

(2) An act committed by a person under eighteen years of age	7310
that is any of the following:	7311

(a) Subject to division (D)(2)(i) of this section, regardless	7312
of the age of the victim of the violation, a violation of section	7313
2907.02, 2907.03, 2907.05, or 2907.07 of the Revised Code;	7314

(b) Subject to division (D)(2)(i) of this section, any of the	7315
following acts involving a minor in the circumstances specified:	7316

(i) A violation of division (A)(4) of section 2905.01 or	7317
section 2907.06 or 2907.08 of the Revised Code, when the victim	7318
of the violation is under eighteen years of age;	7319

(ii) A violation of section 2907.21 of the Revised Code when	7320
the person who is compelled, induced, procured, encouraged,	7321
solicited, requested, or facilitated to engage in, paid or agreed	7322
to be paid for, or allowed to engage in the sexual activity in	7323
question is under eighteen years of age;	7324

(iii) A violation of division (B)(5) of section 2919.22 of	7325
the Revised Code when the child who is involved in the violation	7326
is under eighteen years of age;	7327

(iv) A violation of division (A)(1), (2), (3), or (5) of	7328
section 2905.01, section 2903.211, or former section 2905.04 of	7329
the Revised Code, when the victim of the violation is under	7330
eighteen years of age and the offense is committed with a sexual	7331
motivation.	7332

(c) Subject to division (D)(2)(i) of this section, any of the	7333
following:	7334

(i) Any violent sex offense that, if committed by an adult,	7335
would be a felony of the first, second, third, or fourth degree;	7336

(ii) Any designated homicide, assault, or kidnapping offense	7337
if that offense, if committed by an adult, would be a felony of	7338
the first, second, third, or fourth degree and if the court	7339
determined that, if the child was an adult, the child would be	7340
guilty of a sexual motivation specification regarding that	7341
offense.	7342

(d) Subject to division (D)(2)(i) of this section, a	7343
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	7344
2905.02 of the Revised Code, a violation of division (A) of	7345
section 2903.04 of the Revised Code, or an attempt to violate any	7346
of those sections or that division that is committed with a sexual	7347
motivation;	7348

(e) Subject to division (D)(2)(i) of this section, a	7349
violation of division (A)(1) or (3) of section 2907.321, division	7350
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	7351
section 2907.323 of the Revised Code, or an attempt to violate any	7352
of those divisions, if the person who violates or attempts to	7353
violate the division is four or more years older than the minor	7354
who is the victim of the violation;	7355

(f) Subject to division (D)(2)(i) of this section, a	7356
violation of section 2907.06 or 2907.08 of the Revised Code when	7357
the victim of the violation is eighteen years of age or older, or	7358
a violation of section 2903.211 of the Revised Code when the	7359
victim of the violation is eighteen years of age or older and the	7360
offense is committed with a sexual motivation;	7361

(g) Subject to division (D)(2)(i) of this section, any	7362
violation of any former law of this state, any existing or former	7363
municipal ordinance or law of another state or the United States,	7364
any existing or former law applicable in a military court or in an	7365
Indian tribal court, or any existing or former law of any nation	7366
other than the United States, that is or was substantially	7367
equivalent to any offense listed in division (D)(2)(a), (b), (c),	7368
(d), (e), or (f) of this section and that, if committed by an	7369
adult, would be a felony of the first, second, third, or fourth	7370
degree;	7371

(h) Subject to division (D)(2)(i) of this section, any	7372
attempt to commit, conspiracy to commit, or complicity in	7373
committing any offense listed in division (D)(2)(a), (b), (c),	7374
(d), (e), (f), or (g) of this section;	7375

(i) If the child's case has been transferred for criminal	7376
prosecution under section 2152.12 of the Revised Code, the act is	7377
any violation listed in division (D)(1)(a), (b), (c), (d), (e),	7378
(f), or (g) of this section or would be any offense listed in any	7379
of those divisions if committed by an adult.	7380

(E) "Sexual predator" means a person to whom either of the	7381
following applies:	7382

(1) The person has been convicted of or pleaded guilty to	7383
committing a sexually oriented offense that is not a	7384
registration-exempt sexually oriented offense and is likely to	7385
engage in the future in one or more sexually oriented offenses.	7386

(2) The person has been adjudicated a delinquent child for	7387
committing a sexually oriented offense that is not a	7388
registration-exempt sexually oriented offense, was fourteen years	7389
of age or older at the time of committing the offense, was	7390
classified a juvenile offender registrant based on that	7391
adjudication, and is likely to engage in the future in one or more	7392
sexually oriented offenses.	7393

(F)(J) "Supervised release" means a release of an offender	7394
from a prison term, a term of imprisonment, or another type of	7395
confinement that satisfies either of the following conditions:	7396

(1) The release is on parole, a conditional pardon, under a	7397
community control sanction, under transitional control, or under a	7398
post-release control sanction, and it requires the person to	7399
report to or be supervised by a parole officer, probation officer,	7400
field officer, or another type of supervising officer.	7401

(2) The release is any type of release that is not described	7402
in division (F)(J)(1) of this section and that requires the person	7403
to report to or be supervised by a probation officer, a parole	7404
officer, a field officer, or another type of supervising officer.	7405

(G) An offender or delinquent child is "adjudicated as being	7406
a sexual predator" or "adjudicated a sexual predator" if any of	7407
the following applies and if, regarding a delinquent child, that	7408
status has not been removed pursuant to section 2152.84, 2152.85,	7409
or 2950.09 of the Revised Code:	7410

(1) The offender is convicted of or pleads guilty to	7411
committing, on or after January 1, 1997, a sexually oriented	7412
offense that is not a registration-exempt sexually oriented	7413
offense, and any of the following apply:	7414

(a) The sexually oriented offense is a violent sex offense or	7415
a designated homicide, assault, or kidnapping offense, and the	7416
offender is adjudicated a sexually violent predator in relation to	7417
that offense.	7418

(b) The sexually oriented offense is a violation of division	7419
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	7420
after the effective date of this amendment, and either the	7421
offender is sentenced under section 2971.03 of the Revised Code or	7422
a sentence of life without parole is imposed under division (B) of	7423
section 2907.02 of the Revised Code.	7424

(c) The sexually oriented offense is attempted rape committed	7425
on or after the effective date of this amendment, and the offender	7426
also was convicted of or pleaded guilty to a specification of the	7427
type described in section 2941.1418, 2941.1419, or 2941.1420 of	7428
the Revised Code.	7429

(2) Regardless of when the sexually oriented offense was	7430
committed, on or after January 1, 1997, the offender is sentenced	7431
for a sexually oriented offense that is not a registration-exempt	7432
sexually oriented offense, and the sentencing judge determines	7433
pursuant to division (B) of section 2950.09 of the Revised Code	7434
that the offender is a sexual predator.	7435

(3) The delinquent child is adjudicated a delinquent child	7436
for committing a sexually oriented offense that is not a	7437
registration-exempt sexually oriented offense, was fourteen years	7438
of age or older at the time of committing the offense, and has	7439
been classified a juvenile offender registrant based on that	7440
adjudication, and the adjudicating judge or that judge's successor	7441
in office determines pursuant to division (B) of section 2950.09	7442
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	7443
the Revised Code that the delinquent child is a sexual predator.	7444

(4) Prior to January 1, 1997, the offender was convicted of	7445
or pleaded guilty to, and was sentenced for, a sexually oriented	7446
offense that is not a registration-exempt sexually oriented	7447
offense, the offender is imprisoned in a state correctional	7448
institution on or after January 1, 1997, and the court determines	7449
pursuant to division (C) of section 2950.09 of the Revised Code	7450
that the offender is a sexual predator.	7451

(5) Regardless of when the sexually oriented offense was	7452
committed, the offender or delinquent child is convicted of or	7453
pleads guilty to, has been convicted of or pleaded guilty to, or	7454
is adjudicated a delinquent child for committing a sexually	7455
oriented offense that is not a registration-exempt sexually	7456
oriented offense in another state, in a federal court, military	7457
court, or Indian tribal court, or in a court in any nation other	7458
than the United States, as a result of that conviction, plea of	7459
guilty, or adjudication, the offender or delinquent child is	7460
required, under the law of the jurisdiction in which the offender	7461
was convicted or pleaded guilty or the delinquent child was	7462
adjudicated, to register as a sex offender until the offender's or	7463
delinquent child's death, and, on or after July 1, 1997, for	7464
offenders or January 1, 2002, for delinquent children, the	7465
offender or delinquent child moves to and resides in this state or	7466
temporarily is domiciled in this state for more than five days or	7467
the offender is required under section 2950.04 of the Revised Code	7468
to register a school, institution of higher education, or place of	7469
employment address in this state, unless a court of common pleas	7470
or juvenile court determines that the offender or delinquent child	7471
is not a sexual predator pursuant to division (F) of section	7472
2950.09 of the Revised Code.	7473

(H)(K) "Sexually violent predator specification," "sexually	7474
violent predator," "sexually violent offense," "sexual motivation	7475
specification," "designated homicide, assault, or kidnapping	7476
offense," and "violent sex offense" have the same meanings as in	7477
section 2971.01 of the Revised Code.	7478

(I)(L) "Post-release control sanction" and "transitional	7479
control" have the same meanings as in section 2967.01 of the	7480
Revised Code.	7481

(J)(M) "Juvenile offender registrant" means a person who is	7482
adjudicated a delinquent child for committing on or after January	7483
1, 2002, a sexually oriented offense that is not a	7484
registration-exempt sexually oriented offense or a child-victim	7485
oriented offense, who is fourteen years of age or older at the	7486
time of committing the offense, and who a juvenile court judge,	7487
pursuant to an order issued under section 2152.82, 2152.83,	7488
2152.84, or 2152.85, or 2152.86 of the Revised Code, classifies a	7489
juvenile offender registrant and specifies has a duty to comply	7490
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	7491
Revised Code if the child committed a sexually oriented offense or	7492
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code	7493
if the child committed a child-victim oriented offense. "Juvenile	7494
offender registrant" includes a person who prior to January 1,	7495
2008, was a "juvenile offender registrant" under the definition of	7496
the term in existence prior to January 1, 2008, and a person who,	7497
prior to July 31, 2003, was a "juvenile sex offender registrant"	7498
under the former definition of that former term.	7499

(K)(N) "Public registry-qualified juvenile offender	7500
registrant" means a person who is adjudicated a delinquent child	7501
and on whom a juvenile court has imposed a serious youthful	7502
offender dispositional sentence under section 2152.13 of the	7503
Revised Code before, on, or after January 1, 2008, and to whom all	7504
of the following apply:	7505

(1) The person is adjudicated a delinquent child for	7506
committing, attempting to commit, conspiring to commit, or	7507
complicity in committing one of the following acts:	7508

(a) A violation of section 2907.02 of the Revised Code,	7509
division (B) of section 2907.05 of the Revised Code, or section	7510
2907.03 of the Revised Code if the victim of the violation was	7511
less than twelve years of age;	7512

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	7513
the Revised Code that was committed with a purpose to gratify the	7514
sexual needs or desires of the child.	7515

(2) The person was fourteen, fifteen, sixteen, or seventeen	7516
years of age at the time of committing the act.	7517

(3) A juvenile court judge, pursuant to an order issued under	7518
section 2152.86 of the Revised Code, classifies the person a	7519
juvenile offender registrant, specifies the person has a duty to	7520
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	7521
Code, and classifies the person a public registry-qualified	7522
juvenile offender registrant, and the classification of the person	7523
as a public registry-qualified juvenile offender registrant has	7524
not been terminated pursuant to division (D) of section 2152.86 of	7525
the Revised Code.	7526

(O) "Secure facility" means any facility that is designed and	7527
operated to ensure that all of its entrances and exits are locked	7528
and under the exclusive control of its staff and to ensure that,	7529
because of that exclusive control, no person who is	7530
institutionalized or confined in the facility may leave the	7531
facility without permission or supervision.	7532

(L)(P) "Out-of-state juvenile offender registrant" means a	7533
person who is adjudicated a delinquent child in a court in another	7534
state, in a federal court, military court, or Indian tribal court,	7535
or in a court in any nation other than the United States for	7536
committing a sexually oriented offense that is not a	7537
registration-exempt sexually oriented offense or a child-victim	7538
oriented offense, who on or after January 1, 2002, moves to and	7539
resides in this state or temporarily is domiciled in this state	7540
for more than five days, and who has a duty under section 2950.04	7541
or 2950.041 of the Revised Code to register in this state and the	7542
duty to otherwise comply with that applicable section and sections	7543
2950.05 and 2950.06 of the Revised Code if the child committed a	7544
sexually oriented offense or has a duty under section 2950.041 of	7545
the Revised Code to register in this state and the duty to	7546
otherwise comply with that section and sections 2950.05 and	7547
2950.06 of the Revised Code if the child committed a child-victim	7548
oriented offense. "Out-of-state juvenile offender registrant"	7549
includes a person who prior to January 1, 2008, was an	7550
"out-of-state juvenile offender registrant" under the definition	7551
of the term in existence prior to January 1, 2008, and a person	7552
who, prior to July 31, 2003, was an "out-of-state juvenile sex	7553
offender registrant" under the former definition of that former	7554
term.	7555

(M)(Q) "Juvenile court judge" includes a magistrate to whom	7556
the juvenile court judge confers duties pursuant to division	7557
(A)(15) of section 2151.23 of the Revised Code.	7558

(N)(R) "Adjudicated a delinquent child for committing a	7559
sexually oriented offense" includes a child who receives a serious	7560
youthful offender dispositional sentence under section 2152.13 of	7561
the Revised Code for committing a sexually oriented offense.	7562

(O) "Aggravated sexually oriented offense" means a violation	7563
of division (A)(1)(b) of section 2907.02 of the Revised Code	7564
committed on or after June 13, 2002, or a violation of division	7565
(A)(2) of that section committed on or after July 31, 2003.	7566

(P)(1) "Presumptive registration-exempt sexually oriented	7567
offense" means any of the following sexually oriented offenses	7568
described in division (P)(1)(a), (b), (c), (d), or (e) of this	7569
section, when the offense is committed by a person who previously	7570
has not been convicted of, pleaded guilty to, or adjudicated a	7571
delinquent child for committing any sexually oriented offense	7572
described in division (P)(1)(a), (b), (c), (d), or (e) of this	7573
section, any other sexually oriented offense, or any child-victim	7574
oriented offense and when the victim or intended victim of the	7575
offense is eighteen years of age or older:	7576

(a) Any sexually oriented offense listed in division	7577
(D)(1)(e) or (D)(2)(f) of this section committed by a person who	7578
is eighteen years of age or older or, subject to division	7579
(P)(1)(e) of this section, committed by a person who is under	7580
eighteen years of age;	7581

(b) Any violation of any former law of this state, any	7582
existing or former municipal ordinance or law of another state or	7583
the United States, any existing or former law applicable in a	7584
military court or in an Indian tribal court, or any existing or	7585
former law of any nation other than the United States that is	7586
committed by a person who is eighteen years of age or older and	7587
that is or was substantially equivalent to any sexually oriented	7588
offense listed in division (P)(1)(a) of this section;	7589

(c) Subject to division (P)(1)(e) of this section, any	7590
violation of any former law of this state, any existing or former	7591
municipal ordinance or law of another state or the United States,	7592
any existing or former law applicable in a military court or in an	7593
Indian tribal court, or any existing or former law of any nation	7594
other than the United States that is committed by a person who is	7595
under eighteen years of age, that is or was substantially	7596
equivalent to any sexually oriented offense listed in division	7597
(P)(1)(a) of this section, and that would be a felony of the	7598
fourth degree if committed by an adult;	7599

(d) Any attempt to commit, conspiracy to commit, or	7600
complicity in committing any offense listed in division (P)(1)(a)	7601
or (b) of this section if the person is eighteen years of age or	7602
older or, subject to division (P)(1)(e) of this section, listed in	7603
division (P)(1)(a) or (c) of this section if the person is under	7604
eighteen years of age.	7605

(e) Regarding an act committed by a person under eighteen	7606
years of age, if the child's case has been transferred for	7607
criminal prosecution under section 2152.12 of the Revised Code,	7608
the act is any sexually oriented offense listed in division	7609
(P)(1)(a), (b), or (d) of this section.	7610

(2) "Presumptive registration-exempt sexually oriented	7611
offense" does not include any sexually oriented offense described	7612
in division (P)(1)(a), (b), (c), (d), or (e) of this section that	7613
is committed by a person who previously has been convicted of,	7614
pleaded guilty to, or adjudicated a delinquent child for	7615
committing any sexually oriented offense described in division	7616
(P)(1)(a), (b), (c), (d), or (e) of this section or any other	7617
sexually oriented offense.	7618

(Q)(1) "Registration-exempt sexually oriented offense" means	7619
any presumptive registration-exempt sexually oriented offense, if	7620
a court does not issue an order under section 2950.021 of the	7621
Revised Code that removes the presumptive exemption and subjects	7622
the offender who was convicted of or pleaded guilty to the offense	7623
to registration under section 2950.04 of the Revised Code and all	7624
other duties and responsibilities generally imposed under this	7625
chapter upon persons who are convicted of or plead guilty to any	7626
sexually oriented offense other than a presumptive	7627
registration-exempt sexually oriented offense or that removes the	7628
presumptive exemption and potentially subjects the child who was	7629
adjudicated a delinquent child for committing the offense to	7630
classification as a juvenile offender registrant under section	7631
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to	7632
registration under section 2950.04 of the Revised Code and all	7633
other duties and responsibilities generally imposed under this	7634
chapter upon persons who are adjudicated delinquent children for	7635
committing a sexually oriented offense other than a presumptive	7636
registration-exempt sexually oriented offense.	7637

(2) "Registration-exempt sexually oriented offense" does not	7638
include a presumptive registration-exempt sexually oriented	7639
offense if a court issues an order under section 2950.021 of the	7640
Revised Code that removes the presumptive exemption and subjects	7641
the offender or potentially subjects the delinquent child to the	7642
duties and responsibilities described in division (Q)(1) of this	7643
section.	7644

(R)(S) "School" and "school premises" have the same meanings	7645
as in section 2925.01 of the Revised Code.	7646

(S)(1) "Child-victim oriented offense" means any of the	7647
following:	7648

(a) Subject to division (S)(2) of this section, any of the	7649
following violations or offenses committed by a person eighteen	7650
years of age or older, when the victim of the violation is under	7651
eighteen years of age and is not a child of the person who commits	7652
the violation:	7653

(i) A violation of division (A)(1), (2), (3), or (5) of	7654
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of	7655
former section 2905.04 of the Revised Code;	7656

(ii) A violation of any former law of this state, any	7657
existing or former municipal ordinance or law of another state or	7658
the United States, any existing or former law applicable in a	7659
military court or in an Indian tribal court, or any existing or	7660
former law of any nation other than the United States, that is or	7661
was substantially equivalent to any offense listed in division	7662
(S)(1)(a)(i) of this section;	7663

(iii) An attempt to commit, conspiracy to commit, or	7664
complicity in committing any offense listed in division	7665
(S)(1)(a)(i) or (ii) of this section.	7666

(b) Subject to division (S)(2) of this section, an act	7667
committed by a person under eighteen years of age that is any of	7668
the following, when the victim of the violation is under eighteen	7669
years of age and is not a child of the person who commits the	7670
violation:	7671

(i) Subject to division (S)(1)(b)(iv) of this section, a	7672
violation of division (A)(1), (2), (3), or (5) of section 2905.01	7673
or of former section 2905.04 of the Revised Code;	7674

(ii) Subject to division (S)(1)(b)(iv) of this section, any	7675
violation of any former law of this state, any existing or former	7676
municipal ordinance or law of another state or the United States,	7677
any existing or former law applicable in a military court or in an	7678
Indian tribal court, or any existing or former law of any nation	7679
other than the United States, that is or was substantially	7680
equivalent to any offense listed in division (S)(1)(b)(i) of this	7681
section and that, if committed by an adult, would be a felony of	7682
the first, second, third, or fourth degree;	7683

(iii) Subject to division (S)(1)(b)(iv) of this section, any	7684
attempt to commit, conspiracy to commit, or complicity in	7685
committing any offense listed in division (S)(1)(b)(i) or (ii) of	7686
this section;	7687

(iv) If the child's case has been transferred for criminal	7688
prosecution under section 2152.12 of the Revised Code, the act is	7689
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of	7690
this section or would be any offense listed in any of those	7691
divisions if committed by an adult.	7692

(2) "Child-victim oriented offense" does not include any	7693
offense identified in division (S)(1)(a) or (b) of this section	7694
that is a sexually violent offense. An offense identified in	7695
division (S)(1)(a) or (b) of this section that is a sexually	7696
violent offense is within the definition of a sexually oriented	7697
offense.	7698

(T)(1) "Habitual child-victim offender" means, except when a	7699
juvenile judge removes this classification pursuant to division	7700
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of	7701
the Revised Code, a person to whom both of the following apply:	7702

(a) The person is convicted of or pleads guilty to a	7703
child-victim oriented offense, or the person is adjudicated a	7704
delinquent child for committing on or after January 1, 2002, a	7705
child-victim oriented offense, was fourteen years of age or older	7706
at the time of committing the offense, and is classified a	7707
juvenile offender registrant based on that adjudication.	7708

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

7709

(i) Regarding a person who is an offender, the person	7710
previously was convicted of or pleaded guilty to one or more	7711
child-victim oriented offenses or previously was adjudicated a	7712
delinquent child for committing one or more child-victim oriented	7713
offenses and was classified a juvenile offender registrant or	7714
out-of-state juvenile offender registrant based on one or more of	7715
those adjudications, regardless of when the offense was committed	7716
and regardless of the person's age at the time of committing the	7717
offense.	7718

(ii) Regarding a delinquent child, the person previously was	7719
convicted of, pleaded guilty to, or was adjudicated a delinquent	7720
child for committing one or more child-victim oriented offenses,	7721
regardless of when the offense was committed and regardless of the	7722
person's age at the time of committing the offense.	7723

(2) "Habitual child-victim offender" includes a person who	7724
has been convicted of, pleaded guilty to, or adjudicated a	7725
delinquent child for committing, a child-victim oriented offense	7726
and who, on and after July 31, 2003, is automatically classified a	7727
habitual child-victim offender pursuant to division (E) of section	7728
2950.091 of the Revised Code.	7729

(U) "Child-victim predator" means a person to whom either of	7730
the following applies:	7731

(1) The person has been convicted of or pleaded guilty to	7732
committing a child-victim oriented offense and is likely to engage	7733
in the future in one or more child-victim oriented offenses.	7734

(2) The person has been adjudicated a delinquent child for	7735
committing a child-victim oriented offense, was fourteen years of	7736
age or older at the time of committing the offense, was classified	7737
a juvenile offender registrant based on that adjudication, and is	7738
likely to engage in the future in one or more child-victim	7739
oriented offenses.	7740

(V) An offender or delinquent child is "adjudicated as being	7741
a child-victim predator" or "adjudicated a child-victim predator"	7742
if any of the following applies and if, regarding a delinquent	7743
child, that status has not been removed pursuant to section	7744
2152.84, 2152.85, or 2950.09 of the Revised Code:	7745

(1) The offender or delinquent child has been convicted of,	7746
pleaded guilty to, or adjudicated a delinquent child for	7747
committing, a child-victim oriented offense and, on and after July	7748
31, 2003, is automatically classified a child-victim predator	7749
pursuant to division (A) of section 2950.091 of the Revised Code.	7750

(2) Regardless of when the child-victim oriented offense was	7751
committed, on or after July 31, 2003, the offender is sentenced	7752
for a child-victim oriented offense, and the sentencing judge	7753
determines pursuant to division (B) of section 2950.091 of the	7754
Revised Code that the offender is a child-victim predator.	7755

(3) The delinquent child is adjudicated a delinquent child	7756
for committing a child-victim oriented offense, was fourteen years	7757
of age or older at the time of committing the offense, and has	7758
been classified a juvenile offender registrant based on that	7759
adjudication, and the adjudicating judge or that judge's successor	7760
in office determines pursuant to division (B) of section 2950.09	7761
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	7762
the Revised Code that the delinquent child is a child-victim	7763
predator.	7764

(4) Prior to July 31, 2003, the offender was convicted of or	7765
pleaded guilty to a child-victim oriented offense, at the time of	7766
the conviction or guilty plea, the offense was considered a	7767
sexually oriented offense, on or after July 31, 2003, the offender	7768
is serving a term of imprisonment in a state correctional	7769
institution, and the court determines pursuant to division (C) of	7770
section 2950.091 of the Revised Code that the offender is a	7771
child-victim predator.	7772

(5) Regardless of when the child-victim oriented offense was	7773
committed, the offender or delinquent child is convicted, pleads	7774
guilty, has been convicted, pleaded guilty, or adjudicated a	7775
delinquent child in a court in another state, in a federal court,	7776
military court, or Indian tribal court, or in a court in any	7777
nation other than the United States for committing a child-victim	7778
oriented offense, as a result of that conviction, plea of guilty,	7779
or adjudication, the offender or delinquent child is required	7780
under the law of the jurisdiction in which the offender was	7781
convicted or pleaded guilty or the delinquent child was	7782
adjudicated, to register as a child-victim offender or sex	7783
offender until the offender's or delinquent child's death, and, on	7784
or after July 1, 1997, for offenders or January 1, 2002, for	7785
delinquent children the offender or delinquent child moves to and	7786
resides in this state or temporarily is domiciled in this state	7787
for more than five days or the offender is required under section	7788
2950.041 of the Revised Code to register a school, institution of	7789
higher education, or place of employment address in this state,	7790
unless a court of common pleas or juvenile court determines that	7791
the offender or delinquent child is not a child-victim predator	7792
pursuant to division (F) of section 2950.091 of the Revised Code.	7793

(W)(T) "Residential premises" means the building in which a	7794
residential unit is located and the grounds upon which that	7795
building stands, extending to the perimeter of the property.	7796
"Residential premises" includes any type of structure in which a	7797
residential unit is located, including, but not limited to,	7798
multi-unit buildings and mobile and manufactured homes.	7799

(X)(U) "Residential unit" means a dwelling unit for	7800
residential use and occupancy, and includes the structure or part	7801
of a structure that is used as a home, residence, or sleeping	7802
place by one person who maintains a household or two or more	7803
persons who maintain a common household. "Residential unit" does	7804
not include a halfway house or a community-based correctional	7805
facility.	7806

(Y)(V) "Multi-unit building" means a building in which is	7807
located more than twelve residential units that have entry doors	7808
that open directly into the unit from a hallway that is shared	7809
with one or more other units. A residential unit is not considered	7810
located in a multi-unit building if the unit does not have an	7811
entry door that opens directly into the unit from a hallway that	7812
is shared with one or more other units or if the unit is in a	7813
building that is not a multi-unit building as described in this	7814
division.	7815

(Z)(W) "Community control sanction" has the same meaning as	7816
in section 2929.01 of the Revised Code.	7817

(AA)(X) "Halfway house" and "community-based correctional	7818
facility" have the same meanings as in section 2929.01 of the	7819
Revised Code.	7820

(BB) "Adjudicated a sexually violent predator" has the same	7821
meaning as in section 2929.01 of the Revised Code, and a person is	7822
"adjudicated a sexually violent predator" in the same manner and	7823
the same circumstances as are described in that section.	7824

Sec. 2950.011.  Except as specifically provided to the	7825
contrary in sections 2950.02 to 2950.99 of the Revised Code, all	7826
references in any of those sections to "sexually oriented offense"	7827
include, in addition to the violations specified in division (A)	7828
of section 2950.01 of the Revised Code on and after January 1,	7829
2008, any sexually oriented offense, as that term was defined in	7830
section 2950.01 of the Revised Code prior to January 1, 2008, that	7831
was committed prior to that date and that was not a registration	7832
exempt sexually oriented offense, as that term was defined in that	7833
section prior to January 1, 2008.	7834

Except as specifically provided to the contrary in sections	7835
2950.02 to 2950.99 of the Revised Code, all references in any of	7836
those sections to "child-victim oriented offense" include, in	7837
addition to the violations specified in division (C) of section	7838
2950.01 of the Revised Code on and after January 1, 2008, any	7839
child-victim oriented offense, as that term was defined in section	7840
2950.01 of the Revised Code prior to January 1, 2008, that was	7841
committed prior to that date.	7842

Sec. 2950.02.  (A) The general assembly hereby determines and	7843
declares that it recognizes and finds all of the following:	7844

(1) If the public is provided adequate notice and information	7845
about offenders and delinquent children who commit sexually	7846
oriented offenses that are not registration-exempt sexually	7847
oriented offenses or who commit child-victim oriented offenses,	7848
members of the public and communities can develop constructive	7849
plans to prepare themselves and their children for the offender's	7850
or delinquent child's release from imprisonment, a prison term, or	7851
other confinement or detention. This allows members of the public	7852
and communities to meet with members of law enforcement agencies	7853
to prepare and obtain information about the rights and	7854
responsibilities of the public and the communities and to provide	7855
education and counseling to their children.	7856

(2) Sex offenders and offenders who commit child-victim	7857
oriented offensesoffenders pose a risk of engaging in further	7858
sexually abusive behavior even after being released from	7859
imprisonment, a prison term, or other confinement or detention,	7860
and protection of members of the public from sex offenders and	7861
offenders who commit child-victim oriented offensesoffenders is a	7862
paramount governmental interest.	7863

(3) The penal, juvenile, and mental health components of the	7864
justice system of this state are largely hidden from public view,	7865
and a lack of information from any component may result in the	7866
failure of the system to satisfy this paramount governmental	7867
interest of public safety described in division (A)(2) of this	7868
section.	7869

(4) Overly restrictive confidentiality and liability laws	7870
governing the release of information about sex offenders and	7871
offenders who commit child-victim oriented offensesoffenders have	7872
reduced the willingness to release information that could be	7873
appropriately released under the public disclosure laws and have	7874
increased risks of public safety.	7875

(5) A person who is found to be a sex offender or to have	7876
committed a child-victim oriented offenseoffender has a reduced	7877
expectation of privacy because of the public's interest in public	7878
safety and in the effective operation of government.	7879

(6) The release of information about sex offenders and	7880
offenders who commit child-victim oriented offensesoffenders to	7881
public agencies and the general public will further the	7882
governmental interests of public safety and public scrutiny of the	7883
criminal, juvenile, and mental health systems as long as the	7884
information released is rationally related to the furtherance of	7885
those goals.	7886

(B) The general assembly hereby declares that, in providing	7887
in this chapter for registration regarding offenders and certain	7888
delinquent children who have committed sexually oriented offenses	7889
that are not registration-exempt sexually oriented offenses or who	7890
have committed child-victim oriented offenses and for community	7891
notification regarding sexual predators, child-victim predators,	7892
habitual sex offenders, and habitual child-victim offenderstier	7893
III sex offenders/child-victim offenders who are criminal	7894
offenders, public registry-qualified juvenile offender	7895
registrants, and certain other juvenile offender registrants who	7896
are about to be or have been released from imprisonment, a prison	7897
term, or other confinement or detention and who will live in or	7898
near a particular neighborhood or who otherwise will live in or	7899
near a particular neighborhood, it is the general assembly's	7900
intent to protect the safety and general welfare of the people of	7901
this state. The general assembly further declares that it is the	7902
policy of this state to require the exchange in accordance with	7903
this chapter of relevant information about sex offenders and	7904
offenders who commit child-victim oriented offensesoffenders	7905
among public agencies and officials and to authorize the release	7906
in accordance with this chapter of necessary and relevant	7907
information about sex offenders and offenders who commit	7908
child-victim oriented offensesoffenders to members of the general	7909
public as a means of assuring public protection and that the	7910
exchange or release of that information is not punitive.	7911

Sec. 2950.03. (A) Each person who has been convicted of, is	7912
convicted of, has pleaded guilty to, or pleads guilty to a	7913
sexually oriented offense that is not a registration-exempt	7914
sexuallyor a child-victim oriented offense and who has a duty to	7915
register pursuant to section 2950.04 or 2950.041 of the Revised	7916
Code,and each person who is adjudicated a delinquent child for	7917
committing a sexually oriented offense that is not a	7918
registration-exempt sexually oriented offenseor a child-victim	7919
oriented offense and who is classified a juvenile offender	7920
registrant based on that adjudication, each person who has been	7921
convicted of, is convicted of, has pleaded guilty to, or pleads	7922
guilty to a child-victim oriented offense and has a duty to	7923
register pursuant to section 2950.041 of the Revised Code, and	7924
each person who is adjudicated a delinquent child for committing a	7925
child-victim oriented offense and who is classified a juvenile	7926
offender registrant based on that adjudication shall be provided	7927
notice in accordance with this section of the offender's or	7928
delinquent child's duties imposed under sections 2950.04,	7929
2950.041, 2950.05, and 2950.06 of the Revised Code and of the	7930
offender's duties to similarly register, provide notice of a	7931
change, and verify addresses in another state if the offender	7932
resides, is temporarily domiciled, attends a school or institution	7933
of higher education, or is employed in a state other than this	7934
state. A person who has been convicted of, is convicted of, has	7935
pleaded guilty to, or pleads guilty to a sexually oriented offense	7936
that is a registration-exempt sexually oriented offense, and a	7937
person who is or has been adjudicated a delinquent child for	7938
committing a sexually oriented offense that is a	7939
registration-exempt sexually oriented offense, does not have a	7940
duty to register under section 2950.04 of the Revised Code based	7941
on that conviction, guilty plea, or adjudication, and no notice is	7942
required to be provided to that person under this division based	7943
on that conviction, guilty plea, or adjudication. The following	7944
official shall provide the notice required under this division to	7945
the specified person at the following time:	7946

(1) Regardless of when the person committed the sexually	7947
oriented offense or child-victim oriented offense, if the person	7948
is an offender who is sentenced for the sexually oriented offense	7949
or child-victim oriented offense to a prison term, a term of	7950
imprisonment, or any other type of confinement for any offense,	7951
and if, on or after January 1, 19972008, the offender is serving	7952
that term or is under that confinement, subject to division	7953
(A)(5) of this section, the official in charge of the jail,	7954
workhouse, state correctional institution, or other institution	7955
in which the offender serves the prison term, term of	7956
imprisonment, or confinement, or a designee of that official,	7957
shall provide the notice to the offender before the offender is	7958
released pursuant to any type of supervised release or before the	7959
offender otherwise is released from the prison term, term of	7960
imprisonment, or confinement. This division applies to a	7961
child-victim oriented offense if the offender is sentenced for	7962
the offense on or after July 31, 2003, or if, prior to July 31,	7963
2003, the child-victim oriented offense was a sexually oriented	7964
offense and the offender was sentenced as described in this	7965
division for the child-victim oriented offense when it was	7966
designated a sexually oriented offense. If a person was provided	7967
notice under this division prior to July 31, 2003, in relation to	7968
an offense that, prior to July 31, 2003, was a sexually oriented	7969
offense but that, on and after July 31, 2003, is a child-victim	7970
oriented offense, the notice provided under this division shall	7971
suffice for purposes of this section as notice to the offender of	7972
the offender's duties under sections 2950.041, 2950.05, and	7973
2950.06 of the Revised Code imposed as a result of the conviction	7974
of or plea of guilty to the child-victim oriented offense.	7975

(2) Regardless of when the person committed the sexually	7976
oriented offense or child-victim oriented offense, if the person	7977
is an offender who is sentenced for the sexually oriented offense	7978
on or after January 1, 1997, or who is sentenced for the	7979
child-victim oriented offense on or after July 31, 2003January	7980
1, 2008 for any offense, and if division (A)(1) of this section	7981
does not apply, the judge shall provide the notice to the	7982
offender at the time of sentencing. If a person was provided	7983
notice under this division prior to July 31, 2003, in relation to	7984
an offense that, prior to July 31, 2003,, was a sexually oriented	7985
offense but that, on and after July 31, 2003,, is a child-victim	7986
oriented offense, the notice so provided under this division shall	7987
suffice for purposes of this section as notice to the offender of	7988
the offender's duties under sections 2950.041, 2950.05, and	7989
2950.06 of the Revised Code imposed as a result of the conviction	7990
of or plea of guilty to the child-victim oriented offense.	7991

(3) If the person is an offender who committed the sexually	7992
oriented offense prior to January 1, 1997, if neither division	7993
(A)(1) nor division (A)(2) of this section applies, and if,	7994
immediately prior to January 1, 1997, the offender was a habitual	7995
sex offender who was required to register under Chapter 2950. of	7996
the Revised Code, the chief of police or sheriff with whom the	7997
offender most recently registered under that chapter, in the	7998
circumstances described in this division, shall provide the notice	7999
to the offender. If the offender has registered with a chief of	8000
police or sheriff under Chapter 2950. of the Revised Code as it	8001
existed prior to January 1, 1997, the chief of police or sheriff	8002
with whom the offender most recently registered shall provide the	8003
notice to the offender as soon as possible after January 1, 1997,	8004
as described in division (B)(1) of this section. If the offender	8005
has not registered with a chief of police or sheriff under that	8006
chapter, the failure to register shall constitute a waiver by the	8007
offender of any right to notice under this section. If an offender	8008
described in this division does not receive notice under this	8009
section, the offender is not relieved of the offender's duties	8010
imposed under sections 2950.04, 2950.05, and 2950.06 of the	8011
Revised Code.	8012

(4) If neither division (A)(1), (2), nor (3) of this section	8013
applies and if the offender is adjudicated a sexual predator	8014
pursuant to division (C) of section 2950.09 of the Revised Code or	8015
a child-victim predator pursuant to division (C) of section	8016
2950.091 of the Revised Code, the judge shall provide the notice	8017
to the offender at the time of adjudication.	8018

(5) If the person is a delinquent child who is classified a	8019
juvenile offender registrant on or after January 1, 2008, the	8020
judge shall provide the notice to the delinquent child at the time	8021
specified in division (B) of section 2152.82, division (D)(C) of	8022
section 2152.83, division (C) of section 2152.84, or division (E)	8023
of section 2152.85 of the Revised Code, whichever is applicable.	8024
If a delinquent child was provided notice under this division	8025
prior to July 31, 2003, in relation to an offense that, prior to	8026
July 31, 2003, was a sexually oriented offense but that, on and	8027
after July 31, 2003, is a child-victim oriented offense, the	8028
notice so provided under this division shall suffice for purposes	8029
of this section as notice to the delinquent child of the	8030
delinquent child's duties under sections 2950.041, 2950.05, and	8031
2950.06 of the Revised Code imposed as a result of the	8032
adjudication as a delinquent child for the child-victim oriented	8033
offense.	8034

(6) If the person is an offender in any category described in	8035
division (A)(1), (2), (3), or (4) of this section and if, prior to	8036
July 31, 2003, the offender was provided notice of the offender's	8037
duties in accordance with that division, not later than ninety	8038
days after July 31, 2003, the sheriff with whom the offender most	8039
recently registered or verified an address under section 2950.04,	8040
2950.041, 2950.05, or 2950.06 of the Revised Code shall provide	8041
notice to the offender of the offender's duties imposed on and	8042
after July 31, 2003, pursuant to any of those sections to register	8043
a school, institution of higher education, or place of employment	8044
address, provide notice of a change of that address, and verify	8045
that address. The sheriff may provide the notice to the offender	8046
at the time the offender registers, provides notice of a change	8047
in, or verifies a residence, school, institution of higher	8048
education, or place of employment address under any of those	8049
sections within the specified ninety-day period. If the offender	8050
does not so register, provide notice of a change in, or verify an	8051
address within the specified ninety-day period, the sheriff shall	8052
provide the notice to the offender by sending it to the offender	8053
at the most recent residence address available for the offender.	8054
If the offender was required to register prior to July 31, 2003,	8055
and failed to do so, the failure to register constitutes a waiver	8056
by the offender of any right to notice under this division. If the	8057
offender has not registered prior to July 31, 2003, the offender	8058
is presumed to have knowledge of the law and of the duties	8059
referred to in this division that are imposed on and after July	8060
31, 2003. If an offender does not receive notice under this	8061
division, the offender is not relieved of any of the duties	8062
described in this division.	8063

(4) If the person is a delinquent child who is classified as	8064
both a juvenile offender registrant and a public	8065
registry-qualified juvenile offender registrant on or after	8066
January 1, 2008, the judge shall provide the notice to the	8067
delinquent child at the time specified in division (B) of section	8068
2152.86 of the Revised Code.	8069

(5) If the person is an offender or delinquent child in any	8070
of the following categories, the attorney general, department of	8071
rehabilitation and correction, or department of youth services	8072
shall provide the notice to the offender or delinquent child at	8073
the time and in the manner specified in section 2950.031 or	8074
division (A) or (B) of section 2950.032 of the Revised Code,	8075
whichever is applicable:	8076

(a) An offender or delinquent child who prior to December 1,	8077
2007, has registered a residence, school, institution of higher	8078
education, or place of employment address pursuant to section	8079
2950.04, 2950.041, or 2950.05 of the Revised Code;	8080

(b) An offender or delinquent child who registers with a	8081
sheriff pursuant to section 2950.04 or 2950.041 of the Revised	8082
Code on or after December 1, 2007, previously had not registered	8083
under either section with that sheriff or any other sheriff, and	8084
was convicted of, pleaded guilty to, or was classified a juvenile	8085
offender registrant relative to the sexually oriented offense or	8086
child-victim oriented offense upon which the registration was	8087
based prior to December 1, 2007;	8088

(c) An offender who on December 1, 2007, is serving a prison	8089
term in a state correctional institution for a sexually oriented	8090
offense or child-victim oriented offense or each delinquent child	8091
who has been classified a juvenile offender registrant relative to	8092
a sexually oriented offense or child-victim oriented offense and	8093
who on that date is confined in an institution of the department	8094
of youth services for the sexually oriented offense or	8095
child-victim oriented offense;	8096

(d) An offender or delinquent child who on or after December	8097
2, 2007, commences a prison term in a state correctional	8098
institution or confinement in an institution of the department of	8099
youth services for a sexually oriented offense or child-victim	8100
oriented offense and who was convicted of, pleaded guilty to, or	8101
was classified a juvenile offender registrant relative to the	8102
sexually oriented offense or child-victim oriented offense prior	8103
to that date.	8104

(6) If the person is an offender or delinquent child who on	8105
or after July 1, 2007, and prior to January 1, 2008, is convicted	8106
of or pleads guilty to a sexually oriented offense or a	8107
child-victim oriented offense and is not sentenced to a prison	8108
term for that offense or is classified a juvenile offender	8109
registrant relative to a sexually oriented offense or child-victim	8110
oriented offense and is not committed to the custody of the	8111
department of youth services for that offense, the sentencing	8112
court or juvenile court shall provide the notice to the offender	8113
or delinquent child at the time and in the manner specified in	8114
division (C) of section 2950.032 of the Revised Code.	8115

(7) If the person is an offender or delinquent child who has	8116
a duty to register in this state pursuant to division (A)(3)(4) of	8117
section 2950.04 or 2950.041 of the Revised Code, the offender or	8118
delinquent child is presumed to have knowledge of the law and of	8119
the offender's or delinquent child's duties imposed under sections	8120
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.	8121

(B)(1) The notice provided under division (A) of this section	8122
shall inform the offender or delinquent child of the offender's or	8123
delinquent child's duty to register, to provide notice of a change	8124
in the offender's or delinquent child's residence address or in	8125
the offender's school, institution of higher education, or place	8126
of employment address, as applicable, and register the new	8127
address, to periodically verify the offender's or delinquent	8128
child's residence address or the offender's school, institution of	8129
higher education, or place of employment address, as applicable,	8130
and, if applicable, to provide notice of the offender's or	8131
delinquent child's intent to reside, pursuant to sections 2950.04,	8132
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice	8133
shall specify that, for an offender, it applies regarding	8134
residence addresses or school, institution of higher education,	8135
and place of employment addresses and that, for a delinquent	8136
child, it applies regarding residence addresses. Additionally, it	8137
shall inform the offender of the offender's duties to similarly	8138
register, provide notice of a change in, and verify those	8139
addresses in states other than this state as described in division	8140
(A) of this section. A notice provided under division (A)(6) of	8141
this section shall state the new duties imposed on the offender on	8142
and after July 31, 2003, to register, provide notice of a change	8143
in, and periodically verify, a school, institution of higher	8144
education, or place of employment address and specify that the new	8145
duties are in addition to the prior duties imposed upon the	8146
offender. A notice provided under division (A)(1), (2), (3), or	8147
(4), or (5) of this section shall comport with the following:	8148

(a) If the notice is provided to an offender under division	8149
(A)(3) of this section, the notice shall state the offender's	8150
duties to register, to file a notice of intent to reside, if	8151
applicable, to register a new residence address or new school,	8152
institution of higher education, or place of employment address,	8153
and to periodically verify those addresses, the offender's duties	8154
in other states as described in division (A) of this section, and	8155
that, if the offender has any questions concerning these duties,	8156
the offender may contact the chief of police or sheriff who sent	8157
the form for an explanation of the duties. If the offender appears	8158
in person before the chief of police or sheriff, the chief or	8159
sheriff shall provide the notice as described in division	8160
(B)(1)(a) of this section, and all provisions of this section that	8161
apply regarding a notice provided by an official, official's	8162
designee, or judge in that manner shall be applicable.	8163

(b) If the notice is provided to an offender under division	8164
(A)(1),or (2), or (4) of this section, the official, official's	8165
designee, or judge shall require the offender to read and sign a	8166
form stating that the offender's duties to register, to file a	8167
notice of intent to reside, if applicable, to register a new	8168
residence address or new school, institution of higher education,	8169
or place of employment address, and to periodically verify those	8170
addresses, and the offender's duties in other states as described	8171
in division (A) of this section have been explained to the	8172
offender. If the offender is unable to read, the official,	8173
official's designee, or judge shall certify on the form that the	8174
official, designee, or judge specifically informed the offender of	8175
those duties and that the offender indicated an understanding of	8176
those duties.	8177

(c)(b) If the notice is provided to a delinquent child under	8178
division (A)(5)(3) or (4) of this section, the judge shall require	8179
the delinquent child and the delinquent child's parent, guardian,	8180
or custodian to read and sign a form stating that the delinquent	8181
child's duties to register, to file a notice of intent to reside,	8182
if applicable, to register a new residence address, and to	8183
periodically verify that address have been explained to the	8184
delinquent child and to the delinquent child's parent, guardian,	8185
or custodian. If the delinquent child or the delinquent child's	8186
parent, guardian, or custodian is unable to read, the judge shall	8187
certify on the form that the judge specifically informed the	8188
delinquent child or the delinquent child's parent, guardian, or	8189
custodian of those duties and that the delinquent child or the	8190
delinquent child's parent, guardian, or custodian indicated an	8191
understanding of those duties.	8192

(2) The notice provided under divisions (A)(1) to (6)(4) of	8193
this section shall be on a form prescribed by the bureau of	8194
criminal identification and investigation and shall contain all of	8195
the information specified in division (A) of this section and all	8196
of the information required by the bureau. The notice provided	8197
under divisions (A)(1) to (5)(4) of this section shall include,	8198
but is not limited to, all of the following:	8199

(a) For any notice provided under divisiondivisions (A)(1)	8200
to (5)(4) of this section, a statement as to whether the offender	8201
or delinquent child has been adjudicated a sexual predator or a	8202
child-victim predator relative to the sexually oriented offense or	8203
child-victim oriented offense in question, a statement as to	8204
whether the offender or delinquent child has been determined to be	8205
a habitual sex offender or habitual child-victim offender, a	8206
statement as to whether the offense for which the offender has the	8207
duty to register is an aggravated sexually oriented offense, an	8208
explanation of the offender's periodic residence address or	8209
periodic school, institution of higher education, or place of	8210
employment address verification process or of the delinquent	8211
child's periodic residence address verification process, an	8212
explanation of the frequency with which the offender or delinquent	8213
child will be required to verify those addresses under that	8214
process, a statement that the offender or delinquent child must	8215
verify those addresses at the times specified under that process	8216
or face criminal prosecution or a delinquent child proceeding, and	8217
an explanation of the offender's duty to similarly register,	8218
verify, and reregister those addresses in another state if the	8219
offender resides in another state, attends a school or institution	8220
of higher education in another state, or is employed in another	8221
state.	8222

(b) If the notice is provided under division (A)(4) of this	8223
section, a statement that the notice replaces any notice	8224
previously provided to the offender under division (A)(1) of this	8225
section, a statement that the offender's duties described in this	8226
notice supersede the duties described in the prior notice, and a	8227
statement notifying the offender that, if the offender already has	8228
registered under section 2950.04 or 2950.041 of the Revised Code,	8229
the offender must register again pursuant to division (A)(6) of	8230
that section;	8231

(c) If the notice is provided under division (A)(5)(3) or (4)	8232
of this section, a statement that the delinquent child has been	8233
classified by the adjudicating juvenile court judge or the judge's	8234
successor in office a juvenile offender registrant and, if	8235
applicable, a public-registry qualified juvenile offender	8236
registrant and has a duty to comply with sections 2950.04,	8237
2950.041, 2950.05, and 2950.06 of the Revised Code;	8238

(d)(c) If the notice is provided under division (A)(5)(3) or	8239
(4) of this section, a statement that, if the delinquent child	8240
fails to comply with the requirements of sections 2950.04,	8241
2950.041, 2950.05, and 2950.06 of the Revised Code, both of the	8242
following apply:	8243

(i) If the delinquent child's failure occurs while the child	8244
is under eighteen years of age, the child is subject to	8245
proceedings under Chapter 2152. of the Revised Code based on the	8246
failure, but if the failure occurs while the child is eighteen	8247
years of age or older, the child is subject to criminal	8248
prosecution based on the failure.	8249

(ii) If the delinquent child's failure occurs while the child	8250
is under eighteen years of age, unless the child is emancipated,	8251
as defined in section 2919.121 of the Revised Code, the failure of	8252
the parent, guardian, or custodian to ensure that the child	8253
complies with those requirements is a violation of section 2919.24	8254
of the Revised Code and may result in the prosecution of the	8255
parent, guardian, or custodian for that violation.	8256

(3)(a) After an offender described in division (A)(1),or	8257
(2), or (4) of this section has signed the form described in	8258
divisions (B)(1) and (2) of this section or the official,	8259
official's designee, or judge has certified on the form that the	8260
form has been explained to the offender and that the offender	8261
indicated an understanding of the duties indicated on it, the	8262
official, official's designee, or judge shall give one copy of the	8263
form to the offender, within three days shall send one copy of the	8264
form to the bureau of criminal identification and investigation in	8265
accordance with the procedures adopted pursuant to section 2950.13	8266
of the Revised Code, and shall send one copy of the form to the	8267
sheriff of the county in which the offender expects to reside, and	8268
shall send one copy of the form to the sheriff of the county in	8269
which the offender was convicted or pleaded guilty if the offender	8270
has a duty to register pursuant to division (A)(1) of section	8271
2950.04 or 2950.041 of the Revised Code.	8272

(b) After a chief of police or sheriff has sent a form to an	8273
offender under division (A)(3) of this section, the chief or	8274
sheriff shall send a copy of the form to the bureau of criminal	8275
identification and investigation in accordance with the procedures	8276
adopted pursuant to section 2950.13 of the Revised Code.	8277

(c) After a delinquent child described in division (A)(5)(3)	8278
or (4) of this section and the delinquent child's parent,	8279
guardian, or custodian have signed the form described in divisions	8280
(B)(1) and (2) of this section or the judge has certified on the	8281
form that the form has been explained to the delinquent child or	8282
the delinquent child's parent, guardian, or custodian and that the	8283
delinquent child or the delinquent child's parent, guardian, or	8284
custodian indicated an understanding of the duties and information	8285
indicated on the form, the judge shall give a copy of the form to	8286
both the delinquent child and to the delinquent child's parent,	8287
guardian, or custodian, within three days shall send one copy of	8288
the form to the bureau of criminal identification and	8289
investigation in accordance with the procedures adopted pursuant	8290
to section 2950.13 of the Revised Code, and shall send one copy of	8291
the form to the sheriff of the county in which the delinquent	8292
child expects to reside, and shall send one copy of the form to	8293
the sheriff of the county in which the child was adjudicated a	8294
delinquent child if the delinquent child has a duty to register	8295
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the	8296
Revised Code.	8297

(C) The official, official's designee, judge, chief of	8298
police, or sheriff who is required to provide notice to an	8299
offender or delinquent child under divisions (A)(1) to (5)(4) of	8300
this section shall do all of the following:	8301

(1) If the notice is provided under division (A)(1), (2),	8302
(4), or (5) of this section, the official, designee, or judge	8303
shall determine the offender's or delinquent child's name,	8304
identifying factors, and expected future residence address in this	8305
state or any other state, shall obtain the offender's or	8306
delinquent child's criminal and delinquency history, and shall	8307
obtain a photograph and the fingerprints of the offender or	8308
delinquent child. Regarding an offender, the official, designee,	8309
or judge also shall obtain from the offender the offender's	8310
current or expected future school, institution of higher	8311
education, or place of employment address in this state, if any.	8312
If the notice is provided by a judge under division (A)(2),	8313
(4)(3), or (5)(4) of this section, the sheriff shall provide the	8314
offender's or delinquent child's criminal and delinquency history	8315
to the judge. The official, official's designee, or judge shall	8316
obtain this information and these items prior to giving the	8317
notice, except that a judge may give the notice prior to obtaining	8318
the offender's or delinquent child's criminal and delinquency	8319
history. Within three days after receiving this information and	8320
these items, the official, official's designee, or judge shall	8321
forward the information and items to the bureau of criminal	8322
identification and investigation in accordance with the forwarding	8323
procedures adopted pursuant to section 2950.13 of the Revised	8324
Code, to the sheriff of the county in which the offender or	8325
delinquent child expects to reside and to the sheriff of the	8326
county in which the offender or delinquent child was convicted,	8327
pleaded guilty, or adjudicated a delinquent child if the offender	8328
or delinquent child has a duty to register pursuant to division	8329
(A)(1) of section 2950.04 or 2950.041 of the Revised Code, and,	8330
regarding an offender, to the sheriff of the county, if any, in	8331
which the offender attends or will attend a school or institution	8332
of higher education or is or will be employed. If the notice is	8333
provided under division (A)(5)(3) or (4) of this section and if	8334
the delinquent child has been committed to the department of youth	8335
services or to a secure facility, the judge, in addition to the	8336
other information and items described in this division, also shall	8337
forward to the bureau and to the sheriff notification that the	8338
child has been so committed. If it has not already done so, the	8339
bureau of criminal identification and investigation shall forward	8340
a copy of the fingerprints and conviction data received under this	8341
division to the federal bureau of investigation.	8342

(2) If the notice is provided under division (A)(3) of this	8343
section, the chief of police or sheriff shall determine the	8344
offender's name, identifying factors, and residence address in	8345
this state or any other state, shall obtain the offender's	8346
criminal history from the bureau of criminal identification and	8347
investigation, and, to the extent possible, shall obtain a	8348
photograph and the fingerprints of the offender. Regarding an	8349
offender, the chief or sheriff also shall obtain from the offender	8350
the offender's current or expected future school, institution of	8351
higher education, or place of employment address in this state, if	8352
any. Within three days after receiving this information and these	8353
items, the chief or sheriff shall forward the information and	8354
items to the bureau of criminal identification and investigation	8355
in accordance with the forwarding procedures adopted pursuant to	8356
section 2950.13 of the Revised Code and, in relation to a chief of	8357
police, to the sheriff of the county in which the offender	8358
resides, and, regarding an offender, to the sheriff of the county,	8359
if any, in which the offender attends or will attend a school or	8360
institution of higher education or is or will be employed. If it	8361
has not already done so, the bureau of criminal identification and	8362
investigation shall forward a copy of the fingerprints and	8363
conviction data so received to the federal bureau of	8364
investigation.	8365

Sec. 2950.031.  (A)(1) At any time on or after July 1, 2007,	8366
and not later than December 1, 2007, the attorney general shall	8367
determine for each offender or delinquent child who prior to	8368
December 1, 2007, has registered a residence, school, institution	8369
of higher education, or place of employment address pursuant to	8370
section 2950.04, 2950.041, or 2950.05 of the Revised Code the	8371
offender's or delinquent child's new classification as a tier I	8372
sex offender/child-victim offender, a tier II sex	8373
offender/child-victim offender, or a tier III sex	8374
offender/child-victim offender under Chapter 2950. of the Revised	8375
Code as it will exist under the changes that will be implemented	8376
on January 1, 2008, the offender's or delinquent child's duties	8377
under Chapter 2950. of the Revised Code as so changed, and,	8378
regarding a delinquent child, whether the child is a public	8379
registry-qualified juvenile offender registrant.	8380

(2) At any time on or after July 1, 2007, and not later than	8381
December 1, 2007, the attorney general shall send to each offender	8382
or delinquent child who prior to December 1, 2007, has registered	8383
a residence, school, institution of higher education, or place of	8384
employment address pursuant to section 2950.04, 2950.041, or	8385
2950.05 of the Revised Code a registered letter that contains the	8386
information described in this division. The registered letter	8387
shall be sent return receipt requested to the last reported	8388
address of the person and, if the person is a delinquent child,	8389
the last reported address of the parents of the delinquent child.	8390
The letter sent to an offender or to a delinquent child and the	8391
delinquent child's parents pursuant to this division shall notify	8392
the offender or the delinquent child and the delinquent child's	8393
parents of all of the following:	8394

(a) The changes in Chapter 2950. of the Revised Code that	8395
will be implemented on January 1, 2008;	8396

(b) Subject to division (A)(2)(c) of this section, the	8397
offender's or delinquent child's new classification as a tier I	8398
sex offender/child-victim offender, a tier II sex	8399
offender/child-victim offender, or a tier III sex	8400
offender/child-victim offender under Chapter 2950. of the Revised	8401
Code as it will exist under the changes that will be implemented	8402
on January 1, 2008, the offender's or delinquent child's duties	8403
under Chapter 2950. of the Revised Code as so changed and the	8404
duration of those duties, whether the delinquent child is	8405
classified a public registry-qualified juvenile offender	8406
registrant, and the information specified in division (B) of	8407
section 2950.03 of the Revised Code to the extent it is relevant	8408
to the offender or delinquent child;	8409

(c) The fact that the offender or delinquent child has a	8410
right to a hearing as described in division (E) of this section,	8411
the procedures for requesting the hearing, and the period of time	8412
within which the request for the hearing must be made.	8413

(d) If the offender's or delinquent child's duty to comply	8414
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	8415
Revised Code is scheduled to terminate on or after July 1, 2007,	8416
and prior to January 1, 2008, under the version of section 2950.07	8417
of the Revised Code that is in effect prior to January 1, 2008, a	8418
summary of the provisions of section 2950.033 of the Revised Code	8419
and the application of those provisions to the offender or	8420
delinquent child, provided that this division applies to a	8421
delinquent child only if the child is in a category specified in	8422
division (C) of section 2950.033 of the Revised Code.	8423

(3) The attorney general shall make the determinations	8424
described in division (A)(1) of this section for each offender or	8425
delinquent child who has registered an address as described in	8426
that division, even if the offender's duty to comply with sections	8427
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is	8428
scheduled to terminate prior to January 1, 2008, under the version	8429
of section 2950.07 of the Revised Code that is in effect prior to	8430
that date or the delinquent child is in a category specified in	8431
division (C) of section 2950.033 of the Revised Code and the	8432
child's duty to comply with those sections is scheduled to	8433
terminate prior to January 1, 2008, under the version of section	8434
2950.07 of the Revised Code that is in effect prior to that date.	8435
The attorney general shall send the registered letter described in	8436
division (A)(2) of this section to each offender or delinquent	8437
child who has registered an address as described in that division	8438
even if the offender's duty to comply with sections 2950.04,	8439
2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to	8440
terminate prior to January 1, 2008, under the version of section	8441
2950.07 of the Revised Code that is in effect prior to that date,	8442
or the delinquent child is in a category specified in division (C)	8443
of section 2950.033 of the Revised Code, and the child's duty to	8444
comply with those sections is scheduled to terminate prior to	8445
January 1, 2008, under the version of section 2950.07 of the	8446
Revised Code that is in effect prior to that date. Section	8447
2950.033 of the Revised Code applies to any offender who has	8448
registered an address as described in division (A)(1) or (2) of	8449
this section and whose duty to comply with sections 2950.04,	8450
2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to	8451
terminate prior to January 1, 2008, under the version of section	8452
2950.07 of the Revised Code that is in effect prior to that date,	8453
or the delinquent child is in a category specified in division (C)	8454
of section 2950.033 of the Revised Code, and the child's duty to	8455
comply with those sections is scheduled to terminate prior to	8456
January 1, 2008, under the version of section 2950.07 of the	8457
Revised Code that is in effect prior to that date.	8458

(B) If a sheriff informs the attorney general pursuant to	8459
section 2950.043 of the Revised Code that an offender or	8460
delinquent child registered with the sheriff pursuant to section	8461
2950.04 or 2950.041 of the Revised Code on or after December 1,	8462
2007, that the offender or delinquent child previously had not	8463
registered under either section with that sheriff or any other	8464
sheriff, and that the offender or delinquent child was convicted	8465
of, pleaded guilty to, or was classified a juvenile offender	8466
registrant relative to the sexually oriented offense or	8467
child-victim oriented offense upon which the registration was	8468
based prior to December 1, 2007, within fourteen days after being	8469
so informed of the registration and receiving the information and	8470
material specified in division (D) of that section, the attorney	8471
general shall determine for the offender or delinquent child all	8472
of the matters specified in division (A)(1) of this section. Upon	8473
making the determinations, the attorney general immediately shall	8474
send to the offender or to the delinquent child and the delinquent	8475
child's parents a registered letter pursuant to division (A)(2) of	8476
this section that contains the information specified in that	8477
division.	8478

(C) The attorney general shall maintain the return receipts	8479
for all offenders, delinquent children, and parents of delinquent	8480
children who are sent a registered letter under division (A) or	8481
(B) of this section. For each offender, delinquent child, and	8482
parents of a delinquent child, the attorney general shall send a	8483
copy of the return receipt for the offender, delinquent child, or	8484
parents to the sheriff with whom the offender or delinquent child	8485
most recently registered a residence address and, if applicable, a	8486
school, institution of higher education, or place of employment	8487
address and to the prosecutor who handled the case in which the	8488
offender or delinquent child was convicted of, pleaded guilty to,	8489
or was adjudicated a delinquent child for committing the sexually	8490
oriented offense or child-victim oriented offense that resulted in	8491
the offender's or child's registration duty under section 2950.04	8492
or 2950.041 of the Revised Code. If a return receipt indicates	8493
that the offender, delinquent child, or parents of a delinquent	8494
child to whom the registered letter was sent does not reside or	8495
have temporary domicile at the listed address, the attorney	8496
general immediately shall provide notice of that fact to the	8497
sheriff with whom the offender or delinquent child registered that	8498
residence address.	8499

(D) The attorney general shall mail to each sheriff a list of	8500
all offenders and delinquent children who have registered a	8501
residence address or a school, institution of higher education, or	8502
place of employment address with that sheriff and to whom a	8503
registered letter is sent under division (A) or (B) of this	8504
section. The list shall specify the offender's or delinquent	8505
child's new classification as a tier I sex offender/child-victim	8506
offender, a tier II sex offender/child-victim offender, or a tier	8507
III sex offender/child-victim offender under Chapter 2950. of the	8508
Revised Code as it will exist under the changes that will be	8509
implemented on January 1, 2008, the offender's or delinquent	8510
child's duties under Chapter 2950. of the Revised Code as so	8511
changed, and, regarding a delinquent child, whether the child is a	8512
public registry-qualified juvenile offender registrant.	8513

(E) An offender or delinquent child who is in a category	8514
described in division (A)(2) or (B) of this section may request as	8515
a matter of right a court hearing to contest the application to	8516
the offender or delinquent child of the new registration	8517
requirements under Chapter 2950. of the Revised Code as it will	8518
exist under the changes that will be implemented on January 1,	8519
2008. The offender or delinquent child may contest the manner in	8520
which the letter sent to the offender or delinquent child pursuant	8521
to division (A) or (B) of this section specifies that the new	8522
registration requirements apply to the offender or delinquent	8523
child or may contest whether those new registration requirements	8524
apply at all to the offender or delinquent child. To request the	8525
hearing, the offender or delinquent child not later than the date	8526
that is sixty days after the offender or delinquent child	8527
received the registered letter sent by the attorney general	8528
pursuant to division (A)(2) of this section shall file a petition	8529
with the court specified in this division. If the offender or	8530
delinquent child resides in or is temporarily domiciled in this	8531
state and requests a hearing, the offender or delinquent child	8532
shall file the petition with, and the hearing shall be held in,	8533
the court of common pleas or, for a delinquent child, the	8534
juvenile court of the county in which the offender or delinquent	8535
child resides or temporarily is domiciled. If the offender does	8536
not reside in and is not temporarily domiciled in this state, the	8537
offender or delinquent child shall file the petition with, and	8538
the hearing shall be held in, the court of common pleas of the	8539
county in which the offender registered a school, institution of	8540
higher education, or place of employment address, but if the	8541
offender has registered addresses of that nature in more than one	8542
county, the offender may file such a petition in the court of	8543
only one of those counties.	8544

If the offender or delinquent child requests a hearing by	8545
timely filing a petition with the appropriate court, the offender	8546
or delinquent child shall serve a copy of the petition on the	8547
prosecutor of the county in which the petition is filed. The	8548
prosecutor shall represent the interests of the state in the	8549
hearing. In any hearing under this division, the Rules of Civil	8550
Procedure or, if the hearing is in a juvenile court, the Rules of	8551
Juvenile Procedure apply, except to the extent that those Rules	8552
would by their nature be clearly inapplicable. The court shall	8553
schedule a hearing, and shall provide notice to the offender or	8554
delinquent child and prosecutor of the date, time, and place of	8555
the hearing.	8556

If an offender or delinquent child requests a hearing in	8557
accordance with this division, until the court issues its decision	8558
at or subsequent to the hearing, the offender or delinquent child	8559
shall comply prior to January 1, 2008, with Chapter 2950. of the	8560
Revised Code as it exists prior to that date and shall comply on	8561
and after January 1, 2008, with Chapter 2950. of the Revised Code	8562
as it will exist under the changes that will be implemented on	8563
that date. If an offender or delinquent child requests a hearing	8564
in accordance with this division, at the hearing, all parties are	8565
entitled to be heard, and the court shall consider all relevant	8566
information and testimony presented relative to the application to	8567
the offender or delinquent child of the new registration	8568
requirements under Chapter 2950. of the Revised Code as it will	8569
exist under the changes that will be implemented on January 1,	8570
2008. If, at the conclusion of the hearing, the court finds that	8571
the offender or delinquent child has proven by clear and	8572
convincing evidence that the new registration requirements do not	8573
apply to the offender or delinquent child in the manner specified	8574
in the letter sent to the offender or delinquent child pursuant to	8575
division (A) or (B) of this section, the court shall issue an	8576
order that specifies the manner in which the court has determined	8577
that the new registration requirements do apply to the offender	8578
or delinquent child. If at the conclusion of the hearing the	8579
court finds that the offender or delinquent child has proven by	8580
clear and convincing evidence that the new registration	8581
requirements do not apply to the offender or delinquent child,	8582
the court shall issue an order that specifies that the new	8583
registration requirements do not apply to the offender or	8584
delinquent child. The court promptly shall serve a copy of an	8585
order issued under this division upon the sheriff with whom the	8586
offender or delinquent child most recently registered under	8587
section 2950.04, 2950.041, or 2950.05 of the Revised Code and	8588
upon the bureau of criminal identification and investigation. The	8589
offender or delinquent child and the prosecutor have the right to	8590
appeal the decision of the court issued under this division.	8591

If an offender or delinquent child fails to request a hearing	8592
in accordance with this division within the applicable sixty-day	8593
period specified in this division, the failure constitutes a	8594
waiver by the offender or delinquent child of the offender's or	8595
delinquent child's right to a hearing under this division, and the	8596
offender or delinquent child is bound by the determinations of the	8597
attorney general contained in the registered letter sent to the	8598
offender or child.	8599

If a juvenile court issues an order under division (A)(2) or	8600
(3) of section 2152.86 of the Revised Code that classifies a	8601
delinquent child a public-registry qualified juvenile offender	8602
registrant and if the child's delinquent act was committed prior	8603
to January 1, 2008, a challenge to the classification contained in	8604
the order shall be made pursuant to division (D) of section	8605
2152.86 of the Revised Code.	8606

Sec. 2950.032.  (A)(1) At any time on or after July 1, 2007,	8607
and not later than December 1, 2007, the attorney general shall do	8608
all of the following:	8609

(a) For each offender who on December 1, 2007, will be	8610
serving a prison term in a state correctional institution for a	8611
sexually oriented offense or child-victim oriented offense,	8612
determine the offender's classification relative to that offense	8613
as a tier I sex offender/child-victim offender, a tier II sex	8614
offender/child-victim offender, or a tier III sex	8615
offender/child-victim offender under Chapter 2950. of the Revised	8616
Code as it will exist under the changes in that chapter that will	8617
be implemented on January 1, 2008, and the offender's duties under	8618
Chapter 2950. of the Revised Code as so changed and provide to the	8619
department of rehabilitation and correction a document that	8620
describes that classification and those duties;	8621

(b) For each delinquent child who has been classified a	8622
juvenile offender registrant relative to a sexually oriented	8623
offense or child-victim oriented offense and who on December 1,	8624
2007, will be confined in an institution of the department of	8625
youth services for the sexually oriented offense or child-victim	8626
oriented offense, determine the delinquent child's classification	8627
relative to that offense as a tier I sex offender/child-victim	8628
offender, a tier II sex offender/child-victim offender, or a tier	8629
III sex offender/child-victim offender under Chapter 2950. of the	8630
Revised Code as it will exist under the changes in that chapter	8631
that will be implemented on January 1, 2008, the delinquent	8632
child's duties under Chapter 2950. of the Revised Code as so	8633
changed, and whether the delinquent child is a public	8634
registry-qualified juvenile offender registrant and provide to the	8635
department a document that describes that classification, those	8636
duties, and whether the delinquent child is a public	8637
registry-qualified juvenile offender registrant.	8638

(c) For each offender and delinquent child described in	8639
division (A)(1)(a) or (b) of this section, determine whether the	8640
attorney general is required to send a registered letter to that	8641
offender or that delinquent child and delinquent child's parents	8642
pursuant to section 2950.031 of the Revised Code relative to the	8643
sexually oriented offense or child-victim oriented offense for	8644
which the offender or delinquent child is serving the prison term	8645
or is confined and, if the attorney general is required to send	8646
such a letter to that offender or that delinquent child and	8647
delinquent child's parents relative to that offense, include in	8648
the document provided to the department of rehabilitation and	8649
correction or the department of youth services under division	8650
(A)(1)(a) or (b) of this section a conspicuous notice that the	8651
attorney general will be sending the offender or delinquent child	8652
and delinquent child's parent the registered letter and that the	8653
department is not required to provide to the offender or	8654
delinquent child the written notice described in division (A)(2)	8655
of this section.	8656

(2) At any time on or after July 1, 2007, and not later than	8657
December 1, 2007, except as otherwise described in this division,	8658
the department of rehabilitation and correction shall provide to	8659
each offender described in division (A)(1)(a) of this section and	8660
the department of youth services shall provide to each delinquent	8661
child described in division (A)(1)(b) of this section and to the	8662
delinquent child's parents a written notice that contains the	8663
information described in this division. The department of	8664
rehabilitation and correction and the department of youth services	8665
are not required to provide the written notice to an offender or a	8666
delinquent child and the delinquent child's parents if the	8667
attorney general included in the document provided to the	8668
particular department under division (A)(1)(a) or (b) of this	8669
section notice that the attorney general will be sending that	8670
offender or that delinquent child and the delinquent child's	8671
parents a registered letter and that the department is not	8672
required to provide to that offender or that delinquent child and	8673
parents the written notice. The written notice provided to an	8674
offender or a delinquent child and the delinquent child's parents	8675
pursuant to this division shall notify the offender or delinquent	8676
child of all of the following:	8677

(a) The changes in Chapter 2950. of the Revised Code that	8678
will be implemented on January 1, 2008;	8679

(b) Subject to division (A)(2)(c) of this section, the	8680
offender's or delinquent child's classification as a tier I sex	8681
offender/child-victim offender, a tier II sex	8682
offender/child-victim offender, or a tier III sex	8683
offender/child-victim offender under Chapter 2950. of the Revised	8684
Code as it will exist under the changes that will be implemented	8685
on January 1, 2008, the offender's or delinquent child's duties	8686
under Chapter 2950. of the Revised Code as so changed and the	8687
duration of those duties, whether the delinquent child is	8688
classified a public registry-qualified juvenile offender	8689
registrant, and the information specified in division (B) of	8690
section 2950.03 of the Revised Code to the extent it is relevant	8691
to the offender or delinquent child;	8692

(c) The fact that the offender or delinquent child has a	8693
right to a hearing as described in division (E) of this section,	8694
the procedures for requesting the hearing, and the period of time	8695
within which the request for the hearing must be made;	8696

(d) If the offender's or delinquent child's duty to comply	8697
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	8698
Revised Code is scheduled to terminate on or after July 1, 2007,	8699
and prior to January 1, 2008, under the version of section 2950.07	8700
of the Revised Code that is in effect prior to January 1, 2008, a	8701
summary of the provisions of section 2950.033 of the Revised Code	8702
and the application of those provisions to the offender or	8703
delinquent child, provided that this division applies regarding a	8704
delinquent child only if the child is in a category specified in	8705
division (A) of section 2950.033 of the Revised Code.	8706

(3) The attorney general shall make the determinations	8707
described in divisions (A)(1)(a) and (b) of this section for each	8708
offender or delinquent child who is described in either of those	8709
divisions even if the offender's duty to comply with sections	8710
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is	8711
scheduled to terminate prior to January 1, 2008, under the version	8712
of section 2950.07 of the Revised Code that is in effect prior to	8713
that date, or the delinquent child is in a category specified in	8714
division (C) of section 2950.033 of the Revised Code, and the	8715
child's duty to comply with those sections is scheduled to	8716
terminate prior to January 1, 2008, under the version of section	8717
2950.07 of the Revised Code that is in effect prior to that date.	8718
The department of rehabilitation and correction shall provide to	8719
each offender described in division (A)(1)(a) of this section and	8720
the department of youth services shall provide to each delinquent	8721
child described in division (A)(1)(b) of this section the notice	8722
described in division (A)(2) of this section, even if the	8723
offender's duty to comply with sections 2950.04, 2950.041,	8724
2950.05, and 2950.06 of the Revised Code is scheduled to terminate	8725
prior to January 1, 2008, under the version of section 2950.07 of	8726
the Revised Code that is in effect prior to that date, or the	8727
delinquent child is in a category specified in division (C) of	8728
section 2950.033 of the Revised Code, and the child's duty to	8729
comply with those sections is scheduled to terminate prior to	8730
January 1, 2008, under the version of section 2950.07 of the	8731
Revised Code that is in effect prior to that date. Section	8732
2950.033 of the Revised Code applies regarding any offender	8733
described in division (A)(1)(a) or (b) of this section whose duty	8734
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	8735
the Revised Code is scheduled to terminate prior to January 1,	8736
2008, under the version of section 2950.07 of the Revised Code	8737
that is in effect prior to that date and any delinquent child who	8738
is in a category specified in division (A) of section 2950.033 of	8739
the Revised Code and whose duty to comply with those sections is	8740
scheduled to terminate prior to January 1, 2008, under the version	8741
of section 2950.07 of the Revised Code that is in effect prior to	8742
that date.	8743

(B) If on or after December 2, 2007, an offender commences a	8744
prison term in a state correctional institution or a delinquent	8745
child commences confinement in an institution of the department of	8746
youth services for a sexually oriented offense or a child-victim	8747
oriented offense and if the offender or delinquent child was	8748
convicted of, pleaded guilty to, or was classified a juvenile	8749
offender registrant relative to the sexually oriented offense or	8750
child-victim oriented offense on or before that date, as soon as	8751
practicable, the department of rehabilitation and correction or	8752
the department of youth services, as applicable, shall contact the	8753
attorney general, inform the attorney general of the commencement	8754
of the prison term or institutionalization, and forward to the	8755
attorney general information and material that identifies the	8756
offender or delinquent child and that describes the sexually	8757
oriented offense resulting in the prison term or	8758
institutionalization, the facts and circumstances of it, and the	8759
offender's or delinquent child's criminal or delinquency history.	8760
Within fourteen days after being so informed of the commencement	8761
of the prison term or institutionalization and receiving the	8762
information and material specified in this division, the attorney	8763
general shall determine for the offender or delinquent child all	8764
of the matters specified in division (A)(1)(a), (b), or (c) of	8765
this section and immediately provide to the appropriate	8766
department a document that describes the offender's or delinquent	8767
child's classification and duties as so determined.	8768

Upon receipt from the attorney general of a document	8769
described in this division that pertains to an offender or	8770
delinquent child, the department of rehabilitation and correction	8771
shall provide to the offender or the department of youth services	8772
shall provide to the delinquent child, as applicable, a written	8773
notice that contains the information specified in division (A)(2)	8774
of this section.	8775

(C) If, on or after July 1, 2007, and prior to January 1,	8776
2008, an offender is convicted of or pleads guilty to a sexually	8777
oriented offense or a child-victim oriented offense and the court	8778
does not sentence the offender to a prison term for that offense	8779
or if, on or after July 1, 2007, and prior to January 1, 2008, a	8780
delinquent child is classified a juvenile offender registrant	8781
relative to a sexually oriented offense or a child-victim oriented	8782
offense and the juvenile court does not commit the child to the	8783
custody of the department of youth services for that offense, the	8784
court at the time of sentencing or the juvenile court at the time	8785
specified in division (B) of section 2152.82, division (C) of	8786
section 2152.83, division (C) of section 2152.84, division (E) of	8787
section 2152.85, or division (A) of section 2152.86 of the Revised	8788
Code, whichever is applicable, shall do all of the following:	8789

(1) Provide the offender or the delinquent child and the	8790
delinquent child's parents with the notices required under section	8791
2950.03 of the Revised Code, as it exists prior to January 1,	8792
2008, regarding the offender's or delinquent child's duties under	8793
this chapter as it exists prior to that date;	8794

(2) Provide the offender or the delinquent child and the	8795
delinquent child's parents with a written notice that contains the	8796
information specified in divisions (A)(2)(a) and (b) of this	8797
section;	8798

(3) Provide the offender or the delinquent child and the	8799
delinquent child's parents a written notice that clearly indicates	8800
that the offender or delinquent child is required to comply with	8801
the duties described in the notice provided under division (C)(1)	8802
of this section until January 1, 2008, and will be required to	8803
comply with the duties described in the notice provided under	8804
division (C)(2) of this section on and after that date.	8805

(D)(1) Except as otherwise provided in this division, the	8806
officer or employee of the department of rehabilitation and	8807
correction or the department of youth services who provides an	8808
offender or a delinquent child and the delinquent child's parents	8809
with the notices described in division (A)(2) or (B) of this	8810
section shall require the offender or delinquent child to read and	8811
sign a form stating that the changes in Chapter 2950. of the	8812
Revised Code that will be implemented on January 1, 2008, the	8813
offender's or delinquent child's classification as a tier I sex	8814
offender, a tier II sex offender, or a tier III sex offender, the	8815
offender's or delinquent child's duties under Chapter 2950. of the	8816
Revised Code as so changed and the duration of those duties, the	8817
delinquent child's classification as a public registry-qualified	8818
juvenile offender registrant if applicable, the information	8819
specified in division (B) of section 2950.03 of the Revised Code	8820
to the extent it is relevant to the offender or delinquent child,	8821
and the right to a hearing, procedures for requesting the hearing,	8822
and period of time within which the request for the hearing must	8823
be made have been explained to the offender or delinquent child.	8824

Except as otherwise provided in this division, the judge who	8825
provides an offender or delinquent child with the notices	8826
described in division (C) of this section shall require the	8827
offender or delinquent child to read and sign a form stating that	8828
all of the information described in divisions (C)(1) to (3) of	8829
this section has been explained to the offender or delinquent	8830
child.	8831

If the offender or delinquent child is unable to read, the	8832
official, employee, or judge shall certify on the form that the	8833
official, employee, or judge specifically informed the offender or	8834
delinquent child of all of that information and that the offender	8835
or delinquent child indicated an understanding of it.	8836

(2) After an offender or delinquent child has signed the form	8837
described in division (D)(1) of this section or the official,	8838
employee, or judge has certified on the form that the form has	8839
been explained to the offender or delinquent child and that the	8840
offender or delinquent child indicated an understanding of the	8841
specified information, the official, employee, or judge shall give	8842
one copy of the form to the offender or delinquent child, within	8843
three days shall send one copy of the form to the bureau of	8844
criminal identification and investigation in accordance with the	8845
procedures adopted pursuant to section 2950.13 of the Revised	8846
Code, and shall send one copy of the form to the sheriff of the	8847
county in which the offender or delinquent child expects to reside	8848
and one copy to the prosecutor who handled the case in which the	8849
offender or delinquent child was convicted of, pleaded guilty to,	8850
or was adjudicated a delinquent child for committing the sexually	8851
oriented offense or child-victim oriented offense that resulted in	8852
the offender's or child's registration duty under section 2950.04	8853
or 2950.041 of the Revised Code.	8854

(E) An offender or delinquent child who is provided a notice	8855
under division (A)(2) or (B) of this section may request as a	8856
matter of right a court hearing to contest the application to the	8857
offender or delinquent child of the new registration requirements	8858
under Chapter 2950. of the Revised Code as it will exist under the	8859
changes that will be implemented on January 1, 2008. The offender	8860
or delinquent child may contest the matters that are identified in	8861
division (E) of section 2950.031 of the Revised Code. To request	8862
the hearing, an offender or delinquent child who is provided a	8863
notice under division (A)(2) of this section shall file a petition	8864
with the appropriate court not later than the date that is sixty	8865
days after the offender or delinquent child is provided the notice	8866
under that division, and an offender or delinquent child who is	8867
provided a notice under division (B) of this section shall file a	8868
petition with the appropriate court not later than the date that	8869
is sixty days after the offender or delinquent child is provided	8870
the notice under that division. The request for the hearing shall	8871
be made in the manner and with the court specified in division (E)	8872
of section 2950.031 of the Revised Code, and, except as otherwise	8873
provided in this division, the provisions of that division	8874
regarding the service of process and notice regarding the hearing,	8875
the conduct of the hearing, the determinations to be made at the	8876
hearing, and appeals of those determinations also apply to a	8877
hearing requested under this division. If a hearing is requested	8878
as described in this division, the offender or delinquent child	8879
shall appear at the hearing by video conferencing equipment if	8880
available and compatible, except that, upon the court's own	8881
motion or the motion of the offender or delinquent child or the	8882
prosecutor representing the interests of the state and a	8883
determination by the court that the interests of justice require	8884
that the offender or delinquent child be present, the court may	8885
permit the offender or delinquent child to be physically present	8886
at the hearing. An appearance by video conferencing equipment	8887
pursuant to this division has the same force and effect as if the	8888
offender or delinquent child were physically present at the	8889
hearing. The provisions of division (E) of section 2950.031 of	8890
the Revised Code regarding the effect of a failure to timely	8891
request a hearing also apply to a failure to timely request a	8892
hearing under this division.	8893

If a juvenile court issues an order under division (A)(2) or	8894
(3) of section 2152.86 of the Revised Code that classifies a	8895
delinquent child a public-registry qualified juvenile offender	8896
registrant and if the child's delinquent act was committed prior	8897
to January 1, 2008, a challenge to the classification contained in	8898
the order shall be made pursuant to division (D) of section	8899
2152.86 of the Revised Code.	8900

Sec. 2950.033.  (A) If, on or before July 1, 2007, an	8901
offender who has been convicted of or pleaded guilty to a sexually	8902
oriented offense or a child-victim oriented offense or a	8903
delinquent child in a category specified in division (C) of this	8904
section has a duty to comply with sections 2950.04, 2950.041,	8905
2950.05, and 2950.06 of the Revised Code based on that offense and	8906
if the offender's or delinquent child's duty to comply with those	8907
sections based on that offense is scheduled to terminate on or	8908
after July 1, 2007, and prior to January 1, 2008, under the	8909
version of section 2950.07 of the Revised Code that is in effect	8910
prior to January 1, 2008, notwithstanding that scheduled	8911
termination of those duties, the offender's or delinquent child's	8912
duties under those sections shall not terminate as scheduled and	8913
shall remain in effect for the following period of time:	8914

(1) If the offender or delinquent child is in a category	8915
described in division (A)(1) of section 2950.031 of the Revised	8916
Code, receives a registered letter from the attorney general	8917
pursuant to division (A)(2) of that section, and timely requests a	8918
hearing in accordance with division (E) of that section to contest	8919
the application to the offender or delinquent child of the new	8920
registration requirements under Chapter 2950. of the Revised Code	8921
as it will exist under the changes that will be implemented on	8922
January 1, 2008, or the tier classification of the offender or	8923
delinquent child specified by the attorney general, the offender's	8924
or delinquent child's duty to comply with sections 2950.04,	8925
2950.041, 2950.05, and 2950.06 of the Revised Code shall continue	8926
at least until the court issues its decision at or subsequent to	8927
the hearing. The offender's or delinquent child's duty to comply	8928
with those sections shall continue in accordance with, and for the	8929
duration specified in, the determinations of the attorney general	8930
that are specified in the registered letter the offender or	8931
delinquent child received from the attorney general, unless the	8932
court's decision terminates the offender's or delinquent child's	8933
duty to comply with those sections or provides a different	8934
duration for which the offender or delinquent child has a duty to	8935
comply with them.	8936

(2) If the offender or delinquent child is in a category	8937
described in division (A)(1) of section 2950.031 of the Revised	8938
Code, receives a registered letter from the attorney general	8939
pursuant to division (A)(2) of that section, and does not timely	8940
request a hearing in accordance with division (E) of that section	8941
to contest the application to the offender or delinquent child of	8942
the new registration requirements under Chapter 2950. of the	8943
Revised Code as it will exist under the changes that will be	8944
implemented on January 1, 2008, or the tier classification of the	8945
offender or delinquent child specified by the attorney general,	8946
the offender's or delinquent child's duty to comply with sections	8947
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code shall	8948
continue in accordance with, and for the duration specified in,	8949
the determinations of the attorney general that are specified in	8950
the registered letter the offender or delinquent child received	8951
from the attorney general.	8952

(3) If the offender or delinquent child is in a category	8953
described in division (A)(1)(a) or (b) of section 2950.032 of the	8954
Revised Code, receives a notice from the department of	8955
rehabilitation and correction or department of youth services	8956
pursuant to division (A)(2) of that section, and timely requests a	8957
hearing in accordance with division (E) of that section to contest	8958
the application to the offender or delinquent child of the new	8959
registration requirements under Chapter 2950. of the Revised Code	8960
as it will exist under the changes that will be implemented on	8961
January 1, 2008, or the tier classification of the delinquent	8962
child specified by the attorney general the offender's or	8963
delinquent child's duty to comply with sections 2950.04, 2950.041,	8964
2950.05, and 2950.06 of the Revised Code shall continue in the	8965
same manner and for the same duration as is described in division	8966
(A)(1) of this section regarding offenders and delinquent children	8967
in a category described in division (A)(1) of section 2950.031 of	8968
the Revised Code, who receive a registered letter from the	8969
attorney general pursuant to division (A)(2) of that section, and	8970
who timely request a hearing in accordance with division (E) of	8971
that section.	8972

(4) If the offender or delinquent child is in a category	8973
described in division (A)(1)(a) or (b) of section 2950.032 of the	8974
Revised Code, receives a notice from the department of	8975
rehabilitation and correction or department of youth services	8976
pursuant to division (A)(2) of that section, and does not timely	8977
request a hearing in accordance with division (E) of that section	8978
to contest the application to the offender or delinquent child of	8979
the new registration requirements under Chapter 2950. of the	8980
Revised Code as it will exist under the changes that will be	8981
implemented on January 1, 2008, or the tier classification of the	8982
delinquent child specified by the attorney general the offender's	8983
or delinquent child's duty to comply with sections 2950.04,	8984
2950.041, 2950.05, and 2950.06 of the Revised Code shall continue	8985
in the same manner and for the same duration as is described in	8986
division (A)(2) of this section regarding offenders and delinquent	8987
children in a category described in division (A)(1) of section	8988
2950.031 of the Revised Code, who receive a registered letter from	8989
the attorney general pursuant to division (A)(2) of that section,	8990
and who do not timely request a hearing in accordance with	8991
division (E) of that section.	8992

(5) If the offender or delinquent child is in a category	8993
described in division (A)(1) of section 2950.031 of the Revised	8994
Code but does not receive a registered letter from the attorney	8995
general pursuant to division (A)(2) of that section, or if the	8996
offender or delinquent child is in a category described in	8997
division (A)(1)(a) or (b) of section 2950.032 of the Revised Code	8998
but does not receive a notice from the department of	8999
rehabilitation and correction or department of youth services	9000
pursuant to division (A)(2) of that section, notwithstanding the	9001
failure of the offender or delinquent child to receive the	9002
registered letter or the notice, the offender's or delinquent	9003
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	9004
and 2950.06 of the Revised Code shall continue in accordance with,	9005
and for the duration specified in, the provisions of Chapter 2950.	9006
of the Revised Code as they will exist under the changes to the	9007
provisions that will be implemented on January 1, 2008.	9008

(B) An offender or a delinquent child in a category specified	9009
in division (C) of this section who, on or before July 1, 2007,	9010
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and	9011
2950.06 of the Revised Code based on a conviction of, plea of	9012
guilty to, or adjudication as a delinquent child for committing a	9013
sexually oriented offense or a child-victim oriented offense and	9014
whose duty to comply with those sections is scheduled to terminate	9015
on or after July 1, 2007, and prior to January 1, 2008, under the	9016
version of section 2950.07 of the Revised Code that is in effect	9017
prior to January 1, 2008, is presumed to have knowledge of the	9018
law, the content of division (A) of this section and its	9019
application to the offender or delinquent child, and the	9020
offender's or delinquent child's duties under Chapter 2950. of the	9021
Revised Code as it will exist under the changes that will be	9022
implemented on January 1, 2008. Any failure of any such offender	9023
or delinquent child to receive a registered letter from the	9024
attorney general pursuant to division (A)(2) of section 2950.031	9025
of the Revised Code or to receive a written notice from the	9026
department of rehabilitation and correction or department of youth	9027
services pursuant to division (A)(2) of section 2950.032 of the	9028
Revised Code does not negate, limit, or modify the presumption	9029
specified in this division.	9030

(C) Divisions (A) and (B) of this section apply to a person	9031
who is adjudicated a delinquent child for committing a sexually	9032
oriented offense or child-victim oriented offense only if the	9033
person is so adjudicated prior to January 1, 2008, and, under the	9034
version of section 2950.01 of the Revised Code that is to take	9035
effect on January 1, 2008, will be a public registry-qualified	9036
juvenile offender registrant relative to that offense.	9037

Sec. 2950.031.        Sec. 2950.034. (A) No person who has been convicted	9038
of, is convicted of, has pleaded guilty to, or pleads guilty to	9039
either a sexually oriented offense that is not a	9040
registration-exempt sexually oriented offense or a child-victim	9041
oriented offense shall establish a residence or occupy residential	9042
premises within one thousand feet of any school premises or	9043
preschool or child day-care center premises.	9044

(B) If a person to whom division (A) of this section applies	9045
violates division (A) of this section by establishing a residence	9046
or occupying residential premises within one thousand feet of any	9047
school premises or preschool or child day-care center premises, an	9048
owner or lessee of real property that is located within one	9049
thousand feet of those school premises or preschool or child	9050
day-care center premises, or the prosecuting attorney, village	9051
solicitor, city or township director of law, similar chief legal	9052
officer of a municipal corporation or township, or official	9053
designated as a prosecutor in a municipal corporation that has	9054
jurisdiction over the place at which the person establishes the	9055
residence or occupies the residential premises in question, has a	9056
cause of action for injunctive relief against the person. The	9057
plaintiff shall not be required to prove irreparable harm in	9058
order to obtain the relief.	9059

(C) As used in this section:

9060

(1) "Child day-care center" has the same meaning as in	9061
section 5104.01 of the Revised Code.	9062

(2) "Preschool" means any public or private institution or	9063
center that provides early childhood instructional or educational	9064
services to children who are at least three years of age but less	9065
than six years of age and who are not enrolled in or are not	9066
eligible to be enrolled in kindergarten, whether or not those	9067
services are provided in a child day-care setting. "Preschool"	9068
does not include any place that is the permanent residence of the	9069
person who is providing the early childhood instructional or	9070
educational services to the children described in this division.	9071

(3) "Preschool or child day-care center premises" means all	9072
of the following:	9073

(a) Any building in which any preschool or child day-care	9074
center activities are conducted if the building has signage that	9075
indicates that the building houses a preschool or child day-care	9076
center, is clearly visible and discernable without obstruction,	9077
and meets any local zoning ordinances which may apply;	9078

(b) The parcel of real property on which a preschool or child	9079
day-care center is situated if the parcel of real property has	9080
signage that indicates that a preschool or child day-care center	9081
is situated on the parcel, is clearly visible and discernable	9082
without obstruction, and meets any local zoning ordinances which	9083
may apply;	9084

(c) Any grounds, play areas, and other facilities of a	9085
preschool or child day-care center that are regularly used by the	9086
children served by the preschool or child day-care center if the	9087
grounds, play areas, or other facilities have signage that	9088
indicates that they are regularly used by children served by the	9089
preschool or child day-care center, is clearly visible and	9090
discernable without obstruction, and meets any local zoning	9091
ordinances which may apply.	9092

Sec. 2950.04. (A)(1) Each of the following types of(a)	9093
Immediately after a sentencing hearing is held on or after January	9094
1, 2008, for an offender who is convicted of or pleads guilty to a	9095
sexually oriented offense and is sentenced to a prison term, a	9096
term of imprisonment, or any other type of confinement and before	9097
the offender is transferred to the custody of the department of	9098
rehabilitation and correction or to the official in charge of the	9099
jail, workhouse, state correctional institution, or other	9100
institution where the offender will be confined, the offender	9101
shall register personally with the sheriff, or the sheriff's	9102
designee, of the county in which the offender was convicted of or	9103
pleaded guilty to the sexually oriented offense.	9104

(b) Immediately after a dispositional hearing is held on or	9105
after January 1, 2008, for a child who is adjudicated a delinquent	9106
child for committing a sexually oriented offense, is classified a	9107
juvenile offender registrant based on that adjudication, and is	9108
committed to the custody of the department of youth services or to	9109
a secure facility that is not operated by the department and	9110
before the child is transferred to the custody of the department	9111
of youth services or the secure facility to which the delinquent	9112
child is committed, the delinquent child shall register personally	9113
with the sheriff, or the sheriff's designee, of the county in	9114
which the delinquent child was classified a juvenile offender	9115
registrant based on that sexually oriented offense.	9116

(c) A law enforcement officer shall be present at the	9117
sentencing hearing or dispositional hearing described in division	9118
(A)(1)(a) or (b) of this section to immediately transport the	9119
offender or delinquent child who is the subject of the hearing to	9120
the sheriff, or the sheriff's designee, of the county in which the	9121
offender or delinquent child is convicted, pleads guilty, or is	9122
adjudicated a delinquent child.	9123

(d) After an offender who has registered pursuant to division	9124
(A)(1)(a) of this section is released from a prison term, a term	9125
of imprisonment, or any other type of confinement, the offender	9126
shall register as provided in division (A)(2) of this section.	9127
After a delinquent child who has registered pursuant to division	9128
(A)(1)(b) of this section is released from the custody of the	9129
department of youth services or from a secure facility that is not	9130
operated by the department, the delinquent child shall register as	9131
provided in division (A)(3) of this section.	9132

(2) Regardless of when the sexually oriented offense was	9133
committed, each offender who is convicted of or, pleads guilty to,	9134
or has been convicted of, or has pleaded guilty to, a sexually	9135
oriented offense that is not a registration-exempt sexually	9136
oriented offense shall comply with the following registration	9137
requirements described in divisions (A)(2)(a), (b), (c), (d), and	9138
(e) of this section:	9139

(a) The offender shall register personally with the sheriff,	9140
or the sheriff's designee, of the county within fivethree days	9141
of the offender's coming into a county in which the offender	9142
resides or temporarily is domiciled for more than fivethree	9143
days,.	9144

(b) The offender shall register personally with the sheriff,	9145
or the sheriff's designee, of the county immediately upon coming	9146
into a county in which the offender attends a school or	9147
institution of higher education on a full-time or part-time basis	9148
regardless of whether the offender resides or has a temporary	9149
domicile in this state or another state,.	9150

(c) The offender shall register personally with the sheriff,	9151
or the sheriff's designee, of the county in which the offender is	9152
employed if the offender resides or has a temporary domicile in	9153
this state and has been employed in that county for more than	9154
fourteenthree days or for an aggregate period of thirtyfourteen	9155
or more days in that calendar year,.	9156

(d) The offender shall register personally with the sheriff,	9157
or the sheriff's designee, of the county in which the offender	9158
then is employed if the offender does not reside or have a	9159
temporary domicile in this state and has been employed at any	9160
location or locations in this state more than fourteenthree days	9161
or for an aggregate period of thirtyfourteen or more days in	9162
that calendar year, and.	9163

(e) The offender shall register with the sheriff, or the	9164
sheriff's designee, or other appropriate person of the other	9165
state immediately upon entering into any state other than this	9166
state in which the offender attends a school or institution of	9167
higher education on a full-time or part-time basis or upon being	9168
employed in any state other than this state for more than	9169
fourteenthree days or for an aggregate period of thirtyfourteen	9170
or more days in that calendar year regardless of whether the	9171
offender resides or has a temporary domicile in this state, the	9172
other state, or a different state:	9173

(a) Regardless of when the sexually oriented offense was	9174
committed, an offender who is sentenced for the sexually oriented	9175
offense to a prison term, a term of imprisonment, or any other	9176
type of confinement and, on or after July 1, 1997, is released in	9177
any manner from the prison term, term of imprisonment, or	9178
confinement;	9179

(b) Regardless of when the sexually oriented offense was	9180
committed, an offender who is sentenced for a sexually oriented	9181
offense on or after July 1, 1997, and to whom division (A)(1)(a)	9182
of this section does not apply;	9183

(c) If the sexually oriented offense was committed prior to	9184
July 1, 1997, and neither division (A)(1)(a) nor division	9185
(A)(1)(b) of this section applies, an offender who, immediately	9186
prior to July 1, 1997, was a habitual sex offender who was	9187
required to register under Chapter 2950. of the Revised Code.	9188

(2)(3)(a) Each child who is adjudicated a delinquent child	9189
for committing a sexually oriented offense that is not a	9190
registration-exempt sexually oriented offense and who is	9191
classified a juvenile offender registrant based on that	9192
adjudication shall register personally with the sheriff, or the	9193
sheriff's designee, of the county within fivethree days of the	9194
delinquent child's coming into a county in which the delinquent	9195
child resides or temporarily is domiciled for more than five	9196
three days. If	9197

(b) In addition to the registration duty imposed under	9198
division (A)(3)(a) of this section, each public	9199
registry-qualified juvenile offender registrant shall comply with	9200
the following additional registration requirements:	9201

(i) The public registry-qualified juvenile offender	9202
registrant shall register personally with the sheriff, or the	9203
sheriff's designee, of the county immediately upon coming into a	9204
county in which the registrant attends a school or institution of	9205
higher education on a full-time or part-time basis regardless of	9206
whether the registrant resides or has a temporary domicile in	9207
this state or another state.	9208

(ii) The public registry-qualified juvenile offender	9209
registrant shall register personally with the sheriff, or the	9210
sheriff's designee, of the county in which the registrant is	9211
employed if the registrant resides or has a temporary domicile in	9212
this state and has been employed in that county for more than	9213
three days or for an aggregate period of fourteen or more days in	9214
that calendar year.	9215

(iii) The public registry-qualified juvenile offender	9216
registrant shall register personally with the sheriff, or the	9217
sheriff's designee, of the county in which the registrant then is	9218
employed if the registrant does not reside or have a temporary	9219
domicile in this state and has been employed at any location or	9220
locations in this state more than three days or for an aggregate	9221
period of fourteen or more days in that calendar year.	9222

(iv) The public registry-qualified juvenile offender	9223
registrant shall register with the sheriff, or the sheriff's	9224
designee, or other appropriate person of the other state	9225
immediately upon entering into any state other than this state in	9226
which the registrant attends a school or institution of higher	9227
education on a full-time or part-time basis or upon being	9228
employed in any state other than this state for more than three	9229
days or for an aggregate period of fourteen or more days in that	9230
calendar year regardless of whether the registrant resides or has	9231
a temporary domicile in this state, the other state, or a	9232
different state.	9233

(c) If the delinquent child is committed for the sexually	9234
oriented offense that is not a registration-exempt sexually	9235
oriented offense to the department of youth services or to a	9236
secure facility that is not operated by the department, this duty	9237
begins when the delinquent child is discharged or released in any	9238
manner from custody in a department of youth services secure	9239
facility or from the secure facility that is not operated by the	9240
department, if pursuant to the discharge or release the	9241
delinquent child is not committed to any other secure facility of	9242
the department or any other secure facility. The delinquent child	9243
does not have a duty to register under this division while the	9244
child is in a department of youth services secure facility or in	9245
a secure facility that is not operated by the department.	9246

(3) If divisions (A)(1) and (2) of this section do not apply,	9247
each following type of offender and each following type of	9248
delinquent child shall register personally with the sheriff of the	9249
county within five days of the offender's or delinquent child's	9250
coming into a county in which the offender or delinquent child	9251
resides or temporarily is domiciled for more than five days, and	9252
each following type of offender shall register personally with the	9253
sheriff of the county immediately upon coming into a county in	9254
which the offender attends a school or institution of higher	9255
education on a full-time or part-time basis regardless of whether	9256
the offender resides or has a temporary domicile in this state or	9257
another state, shall register personally with the sheriff of the	9258
county in which the offender is employed if the offender resides	9259
or has a temporary domicile in this state and has been employed in	9260
that county for more than fourteen days or for an aggregate period	9261
of thirty days or more in that calendar year, and shall register	9262
personally with the sheriff of the county in which the offender	9263
then is employed if the offender does not reside or have a	9264
temporary domicile in this state and has been employed at any	9265
location or locations in this state for more than fourteen days or	9266
for an aggregate period of thirty or more days in that calendar	9267
year:	9268

(a)(4) Regardless of when the sexually oriented offense was	9269
committed, aeach person who is convicted, pleads guilty, or is	9270
adjudicated a delinquent child in a court in another state, in a	9271
federal court, military court, or Indian tribal court, or in a	9272
court in any nation other than the United States for committing a	9273
sexually oriented offense that is not a registration-exempt	9274
sexually oriented offense, if, on or after July 1, 1997, for	9275
offenders, or January 1, 2002, for delinquent children, the	9276
offender or delinquent child moves to and resides in this state or	9277
temporarily is domiciled in this state for more than five days,	9278
the offender enters this state to attend any school or institution	9279
of higher education on a full-time or part-time basis, or the	9280
offender is employed in this state for more than fourteen days or	9281
for an aggregate period of thirty or more days in any calendar	9282
year, andshall comply with the following registration	9283
requirements if, at the time the offender or delinquent child	9284
moves to and resides in this state or temporarily is domiciled in	9285
this state for more than fivethree days, the offender or public	9286
registry-qualified juvenile offender registrant enters this state	9287
to attend thea school or institution of higher education, or the	9288
offender or public registry-qualified juvenile offender registrant	9289
is employed in this state for more than the specified period of	9290
time, the offender or delinquent child has a duty to register as a	9291
sex offender or child-victim offender under the law of that other	9292
jurisdiction as a result of the conviction, guilty plea, or	9293
adjudication:	9294

(a) Each offender and delinquent child shall register	9295
personally with the sheriff, or the sheriff's designee, of the	9296
county within three days of the offender's or delinquent child's	9297
coming into the county in which the offender or delinquent child	9298
resides or temporarily is domiciled for more than three days.	9299

(b) Each offender or public registry-qualified juvenile	9300
offender registrant shall register personally with the sheriff, or	9301
the sheriff's designee, of the county immediately upon coming	9302
into a county in which the offender or public registry-qualified	9303
juvenile offender registrant attends a school or institution of	9304
higher education on a full-time or part-time basis regardless of	9305
whether the offender or public registry-qualified juvenile	9306
offender registrant resides or has a temporary domicile in this	9307
state or another state.	9308

(c) Each offender or public registry-qualified juvenile	9309
offender registrant shall register personally with the sheriff, or	9310
the sheriff's designee, of the county in which the offender or	9311
public registry-qualified juvenile offender registrant is employed	9312
if the offender resides or has a temporary domicile in this state	9313
and has been employed in that county for more than three days or	9314
for an aggregate period of fourteen days or more in that calendar	9315
year.	9316

(d) Each offender or public registry-qualified juvenile	9317
offender registrant shall register personally with the sheriff, or	9318
the sheriff's designee, of the county in which the offender or	9319
public registry-qualified juvenile offender registrant then is	9320
employed if the offender or public registry-qualified juvenile	9321
offender registrant does not reside or have a temporary domicile	9322
in this state and has not been employed at any location or	9323
locations in this state for more than three days or for an	9324
aggregate period of fourteen or more days in that calendar year.	9325

(5) An offender or a delinquent child who is a public	9326
registry-qualified juvenile offender registrant is not required to	9327
register under division (A)(2), (3), or (4) of this section if a	9328
court issues an order terminating the offender's or delinquent	9329
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	9330
and 2950.06 of the Revised Code pursuant to section 2950.15 of the	9331
Revised Code. A delinquent child who is a juvenile offender	9332
registrant but is not a public registry-qualified juvenile	9333
offender registrant is not required to register under any of those	9334
divisions if a juvenile court issues an order declassifying the	9335
delinquent child as a juvenile offender registrant pursuant to	9336
section 2152.84 or 2152.85 of the Revised Code.	9337

(b) Regardless of when the sexually oriented offense was	9338
committed, a person who is convicted of, pleads guilty to, or is	9339
adjudicated a delinquent child in a court in another state, in a	9340
federal court, military court, or Indian tribal court, or in a	9341
court in any nation other than the United States for committing a	9342
sexually oriented offense that is not a registration-exempt	9343
sexually oriented offense, if, on or after July 1, 1997, for	9344
offenders, or January 1, 2002, for delinquent children, the	9345
offender or delinquent child is released from imprisonment,	9346
confinement, or detention imposed for that offense, and if, on or	9347
after July 1, 1997, for offenders, or January 1, 2002, for	9348
delinquent children, the offender or delinquent child moves to and	9349
resides in this state or temporarily is domiciled in this state	9350
for more than five days, the offender enters this state to attend	9351
any school or institution of higher education on a full-time or	9352
part-time basis, or the offender is employed in this state for	9353
more than fourteen days or for an aggregate period of thirty or	9354
more days in any calendar year. The duty to register as described	9355
in this division applies to an offender regardless of whether the	9356
offender, at the time of moving to and residing in this state or	9357
temporarily being domiciled in this state for more than five days,	9358
at the time of entering into this state to attend the school or	9359
institution of higher education, or at the time of being employed	9360
in this state for the specified period of time, has a duty to	9361
register as a sex offender or child-victim offender under the law	9362
of the jurisdiction in which the conviction or guilty plea	9363
occurred. The duty to register as described in this division	9364
applies to a delinquent child only if the delinquent child, at the	9365
time of moving to and residing in this state or temporarily being	9366
domiciled in this state for more than five days, has a duty to	9367
register as a sex offender or child-victim offender under the law	9368
of the jurisdiction in which the delinquent child adjudication	9369
occurred or if, had the delinquent child adjudication occurred in	9370
this state, the adjudicating juvenile court judge would have been	9371
required to issue an order classifying the delinquent child as a	9372
juvenile offender registrant pursuant to section 2152.82 or	9373
division (A) of section 2152.83 of the Revised Code.	9374

(4) If neither division (A)(1), (2), nor (3) of this section	9375
applies and if the offender is adjudicated a sexual predator under	9376
division (C) of section 2950.09 of the Revised Code, the offender	9377
shall register within five days of the adjudication with the	9378
sheriff of the county in which the offender resides or temporarily	9379
is domiciled for more than five days, shall register with the	9380
sheriff of any county in which the offender subsequently resides	9381
or temporarily is domiciled for more than five days within five	9382
days of coming into that county, shall register within five days	9383
of the adjudication with the sheriff of the county in which the	9384
offender attends any school or institution of higher education on	9385
a full-time or part-time basis or in which the offender is	9386
employed if the offender has been employed in that county for more	9387
than fourteen days or for an aggregate period of thirty or more	9388
days in that calendar year regardless of whether the offender	9389
resides or has temporary domicile in this state or another state,	9390
and shall register within five days of the adjudication with the	9391
sheriff or other appropriate person of any state other than this	9392
state in which the offender attends a school or institution of	9393
higher education on a full-time or part-time basis or in which the	9394
offender then is employed if the offender has been employed in	9395
that state for more than fourteen days or for an aggregate period	9396
of thirty or more days in any calendar year regardless of whether	9397
the offender resides or has temporary domicile in this state, the	9398
other state, or a different state.	9399

(5) A person who is adjudicated a delinquent child for	9400
committing a sexually oriented offense that is not a	9401
registration-exempt sexually oriented offense is not required to	9402
register under division (A)(2) of this section unless the	9403
delinquent child committed the offense on or after January 1,	9404
2002, is classified a juvenile offender registrant by a juvenile	9405
court judge pursuant to an order issued under section 2152.82,	9406
2152.83, 2152.84, or 2152.85 of the Revised Code based on that	9407
adjudication, and has a duty to register pursuant to division	9408
(A)(2) of this section.	9409

(6) A person who has been convicted of, is convicted of, has	9410
pleaded guilty to, or pleads guilty to a sexually oriented offense	9411
that is a registration-exempt sexually oriented offense, and a	9412
person who is or has been adjudicated a delinquent child for	9413
committing a sexually oriented offense that is a	9414
registration-exempt sexually oriented offense, does not have any	9415
duty to register under this section based on that conviction,	9416
guilty plea, or adjudication. The exemption of an offender or	9417
delinquent child from registration under this division for a	9418
conviction of, plea of guilty to, or delinquent child adjudication	9419
for a registration-exempt sexually oriented offense does not	9420
limit, affect, or supersede any duties imposed upon the offender	9421
or delinquent child under this chapter or sections 2152.82 to	9422
2152.85 of the Revised Code for a conviction of, plea of guilty	9423
to, or delinquent child adjudication for any other sexually	9424
oriented offense or any child-victim oriented offense.	9425

(B) An offender or delinquent child who is required by	9426
division (A) of this section to register in this state personally	9427
shall obtain from the sheriff or from a designee of the sheriff a	9428
registration form that conforms to division (C) of this section,	9429
shall complete and sign the form, and shall return the completed	9430
form together with the offender's or delinquent child's	9431
photograph, copies of travel and immigration documents, and any	9432
other required material to the sheriff or the designee. The	9433
sheriff or designee shall sign the form and indicate on the form	9434
the date on which it is so returned. The registration required	9435
under this division is complete when the offender or delinquent	9436
child returns the form, containing the requisite information,	9437
photograph, other required material, signatures, and date, to the	9438
sheriff or designee.	9439

(C) The registration form to be used under divisions (A) and	9440
(B) of this section shall include the photograph of the offender	9441
or delinquent child who is registering and shallor contain all of	9442
the following for the offender or delinquent child who is	9443
registering:	9444

(1) The offender's or delinquent child's name and any aliases	9445
used by the offender or delinquent child;	9446

(2) The offender's or delinquent child's social security	9447
number and date of birth, including any alternate social security	9448
numbers or dates of birth that the offender or delinquent child	9449
has used or uses;	9450

(3) Regarding an offender or delinquent child who is	9451
registering under a duty imposed under division (A)(1) of this	9452
section, a statement that the offender is serving a prison term,	9453
term of imprisonment, or any other type of confinement or a	9454
statement that the delinquent child is in the custody of the	9455
department of youth services or is confined in a secure facility	9456
that is not operated by the department;	9457

(4) Regarding an offender or delinquent child who is	9458
registering under a duty imposed under division (A)(1), (2), (3),	9459
or (4) of this section as a result of the offender or delinquent	9460
child residing in this state or temporarily being domiciled in	9461
this state for more than fivethree days, the current residence	9462
address of the offender or delinquent child who is registering,	9463
the name and address of the offender's or delinquent child's	9464
employer if the offender or delinquent child is employed at the	9465
time of registration or if the offender or delinquent child knows	9466
at the time of registration that the offender or delinquent child	9467
will be commencing employment with that employer subsequent to	9468
registration, any other employment information, such as the	9469
general area where the offender or delinquent child is employed,	9470
if the offender or delinquent child is employed in many	9471
locations, and the name and address of the offender's or public	9472
registry-qualified juvenile offender registrant's school or	9473
institution of higher education if the offender or public	9474
registry-qualified juvenile offender registrant attends one at the	9475
time of registration or if the offender or public	9476
registry-qualified juvenile offender registrant knows at the time	9477
of registration that the offender or public registry-qualified	9478
juvenile offender registrant will be commencing attendance at	9479
that school or institution subsequent to registration, and any	9480
other information required by the bureau of criminal	9481
identification and investigation.;	9482

(2)(5) Regarding an offender or public registry-qualified	9483
juvenile offender registrant who is registering under a duty	9484
imposed under division (A)(1), (3),(2), (3), or (4) of this	9485
section as a result of the offender or public registry-qualified	9486
juvenile offender registrant attending a school or institution of	9487
higher education in this state on a full-time or part-time basis	9488
or being employed in this state or in a particular county in this	9489
state, whichever is applicable, for more than fourteenthree days	9490
or for an aggregate of thirtyfourteen or more days in any	9491
calendar year, the name and current address of the school,	9492
institution of higher education, or place of employment of the	9493
offender or public registry-qualified juvenile offender	9494
registrant who is registering and any other information required	9495
by the bureau of criminal identification and investigation.,	9496
including any other employment information, such as the general	9497
area where the offender is employed, if the offender child is	9498
employed in many locations;	9499

(3) Regarding an offender or delinquent child who is	9500
registering under a duty imposed under division (A)(1), (2), (3),	9501
or (4) of this section for any reason, if the offender has been	9502
adjudicated a sexual predator relative to the sexually oriented	9503
offense in question, if the delinquent child has been adjudicated	9504
a sexual predator relative to the sexually oriented offense in	9505
question and the court has not subsequently determined pursuant to	9506
section 2152.84 or 2152.85 of the Revised Code that the	9507
delinquent child no longer is a sexual predator, if the judge	9508
determined pursuant to division (C) of section 2950.09 or pursuant	9509
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised	9510
Code that the offender or delinquent child is a habitual sex	9511
offender and the determination has not been removed pursuant to	9512
section 2152.84 or 2152.85 of the Revised Code, or if the offender	9513
has the duty to register as a result of the conviction of or plea	9514
of guilty to an aggravated sexually oriented offense, the offender	9515
or delinquent child also shall include on the signed, written	9516
registration form all of the following information:	9517

(a) A specific declaration that the person has been	9518
adjudicated a sexual predator, has been determined to be a	9519
habitual sex offender, or was convicted of or pleaded guilty to an	9520
aggravated sexually oriented offense, whichever is applicable;	9521

(b) If the offender or delinquent child has been adjudicated	9522
a sexual predator, the(6) The identification license plate number	9523
of each motor vehicle the offender or delinquent child owns and,	9524
of each motor vehicle registered in the offender's or delinquent	9525
child's name, of each vehicle the offender or delinquent child	9526
operates as a part of employment, and of each other vehicle that	9527
is regularly available to be operated by the offender or	9528
delinquent child; a description of where each vehicle is	9529
habitually parked, stored, docked, or otherwise kept; and, if	9530
required by the bureau of criminal identification and	9531
investigation, a photograph of each of those vehicles;	9532

(7) If the offender or delinquent child has a driver's or	9533
commercial driver's license or permit issued by this state or any	9534
other state or a state identification card issued under section	9535
4507.50 or 4507.51 of the Revised Code or a comparable	9536
identification card issued by another state, the driver's license	9537
number, commercial driver's license number, or state	9538
identification card number;	9539

(8) If the offender or delinquent child was convicted of,	9540
pleaded guilty to, or was adjudicated a delinquent child for	9541
committing the sexually oriented offense resulting in the	9542
registration duty in a court in another state, in a federal court,	9543
military court, or Indian tribal court, or in a court in any	9544
nation other than the United States, a DNA specimen, as defined in	9545
section 109.573 of the Revised Code, from the offender or	9546
delinquent child, a citation for, and the name of, the sexually	9547
oriented offense resulting in the registration duty, and a	9548
certified copy of a document that describes the text of that	9549
sexually oriented offense;	9550

(9) A description of each professional and occupational	9551
license, permit, or registration, including those licenses,	9552
permits, and registrations issued under Title XLVII of the	9553
Revised Code, held by the offender or delinquent child;	9554

(10) Any email addresses, internet identifiers, or telephone	9555
numbers registered to or used by the offender or delinquent child;	9556

(11) Any other information required by the bureau of criminal	9557
identification and investigation.	9558

(D) After an offender or delinquent child registers with a	9559
sheriff, or the sheriff's designee, pursuant to this section, the	9560
sheriff, or the sheriff's designee, shall forward the signed,	9561
written registration form and, photograph, and other material to	9562
the bureau of criminal identification and investigation in	9563
accordance with the forwarding procedures adopted pursuant to	9564
section 2950.13 of the Revised Code. If an offender registers a	9565
school, institution of higher education, or place of employment	9566
address, or provides a school or institution of higher education	9567
address under division (C)(1)(4) of this section, the sheriff	9568
also shall provide notice to the law enforcement agency with	9569
jurisdiction over the premises of the school, institution of	9570
higher education, or place of employment of the offender's name	9571
and that the offender has registered that address as a place at	9572
which the offender attends school or an institution of higher	9573
education or at which the offender is employed. The bureau shall	9574
include the information and materials forwarded to it under this	9575
division in the state registry of sex offenders and child victim	9576
offenders established and maintained under section 2950.13 of the	9577
Revised Code.	9578

(E) No person who is required to register pursuant to	9579
divisions (A) and (B) of this section, and no person who is	9580
required to send a notice of intent to reside pursuant to division	9581
(G) of this section, shall fail to register or send the notice of	9582
intent as required in accordance with those divisions or that	9583
division.	9584

(F) An offender or delinquent child who is required to	9585
register pursuant to divisions (A) and (B) of this section shall	9586
register pursuant to this section for the period of time specified	9587
in section 2950.07 of the Revised Code, with the duty commencing	9588
on the date specified in division (A) of that section.	9589

(G) If an offender or delinquent child who is required by	9590
division (A) of this section to register is adjudicated a sexual	9591
predator or a habitual sexual offender subject to community	9592
notification under division (C)(2) or (E) of section 2950.09 of	9593
the Revised Code, or if an offender who is required by division	9594
(A) of this section to register has that duty as a result of a	9595
conviction of or plea of guilty to an aggravated sexually oriented	9596
offensea tier III sex offender/child-victim offender, the	9597
offender or delinquent child also shall send the sheriff, or the	9598
sheriff's designee, of the county in which the offender or	9599
delinquent child intends to reside written notice of the	9600
offender's or delinquent child's intent to reside in the county.	9601
The offender or delinquent child shall send the notice of intent	9602
to reside at least twenty days prior to the date the offender or	9603
delinquent child begins to reside in the county. The notice of	9604
intent to reside shall contain the following information:	9605

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

9606

(2) The address or addresses at which the offender or	9607
delinquent child intends to reside;	9608

(3) The sexually oriented offense of which the offender was	9609
convicted, to which the offender pleaded guilty, or for which the	9610
child was adjudicated a delinquent child;	9611

(4) A statement that the offender has been adjudicated a	9612
sexual predator, a statement that the delinquent child has been	9613
adjudicated a sexual predator and that, as of the date of the	9614
notice, the court has not entered a determination that the	9615
delinquent child no longer is a sexual predator, a statement that	9616
the sentencing or reviewing judge has determined that the offender	9617
or delinquent child is a habitual sex offender and that, as of the	9618
date of the notice, the determination has not been removed	9619
pursuant to section 2152.84 or 2152.85 of the Revised Code, or a	9620
statement that the offender was convicted of or pleaded guilty to	9621
an aggravated sexually oriented offense.	9622

(H) If, immediately prior to July 31, 2003January 1, 2008,	9623
an offender or delinquent child who was convicted of, pleaded	9624
guilty to, or was adjudicated a delinquent child for committing a	9625
sexually oriented offense or a child-victim oriented offense as	9626
those terms were defined in section 2950.01 of the Revised Code	9627
prior to January 1, 2008, was required by division (A) of this	9628
section or section 2950.041 of the Revised Code to register and	9629
if, on or after July 31, 2003January 1, 2008, that offense no	9630
longer is a sexually oriented offense but instead is designated a	9631
child-victim oriented offense, division (A)(1)(c) or (2)(b) of	9632
section 2950.041 of the Revised Code applies regarding the	9633
offender or delinquent child andas that term is defined in	9634
section 2950.01 of the Revised Code on and after January 1, 2008,	9635
the duty to register that is imposed pursuant to that division	9636
this section on and after January 1, 2008, shall be considered,	9637
for purposes of section 2950.07 of the Revised Code and for all	9638
other purposes, to be a continuation of the duty imposed upon the	9639
offender or delinquent child prior to July 31, 2003January 1,	9640
2008, under this section or section 2950.041 of the Revised Code.	9641

Sec. 2950.041.  (A)(1) Each of the following types of(a)	9642
Immediately after a sentencing hearing is held on or after January	9643
1, 2008, for an offender who is convicted of or pleads guilty to a	9644
child-victim oriented offense and is sentenced to a prison term, a	9645
term of imprisonment, or any other type of confinement and before	9646
the offender is transferred to the custody of the department of	9647
rehabilitation and correction or to the official in charge of the	9648
jail, workhouse, state correctional institution, or other	9649
institution where the offender will be confined, the offender	9650
shall register personally with the sheriff, or the sheriff's	9651
designee, of the county in which the offender was convicted of or	9652
pleaded guilty to the child-victim offense.	9653

(b) Immediately after a dispositional hearing is held on or	9654
after January 1, 2008, for a child who is adjudicated a delinquent	9655
child for committing a child-victim oriented offense, is	9656
classified a juvenile offender registrant based on that	9657
adjudication, and is committed to the custody of the department of	9658
youth services or to a secure facility that is not operated by the	9659
department and before the child is transferred to the custody of	9660
the department of youth services or the secure facility to which	9661
the delinquent child is committed, the delinquent child shall	9662
register personally with the sheriff, or the sheriff's designee,	9663
of the county in which the delinquent child was classified a	9664
juvenile offender registrant based on that child-victim oriented	9665
offense.	9666

(c) A law enforcement officer shall be present at the	9667
sentencing hearing or dispositional hearing described in division	9668
(A)(1)(a) or (b) of this section to immediately transport the	9669
offender or delinquent child who is the subject of the hearing to	9670
the sheriff, or the sheriff's designee, of the county in which the	9671
offender or delinquent child is convicted, pleads guilty, or is	9672
adjudicated a delinquent child.	9673

(d) After an offender who has registered pursuant to division	9674
(A)(1)(a) of this section is released from a prison term, a term	9675
of imprisonment, or any other type of confinement, the offender	9676
shall register as provided in division (A)(2) of this section.	9677
After a delinquent child who has registered pursuant to division	9678
(A)(1)(b) of this section is released from the custody of the	9679
department of youth services or from a secure facility that is not	9680
operated by the department, the delinquent child shall register as	9681
provided in division (A)(3) of this section.	9682

(2) Regardless of when the child-victim oriented offense was	9683
committed, each offender who is convicted of or, pleads guilty to,	9684
or has been convicted of, or has pleaded guilty to, a child-victim	9685
oriented offense shall comply with all of the following	9686
registration requirements:	9687

(a) The offender shall register personally with the sheriff,	9688
or the sheriff's designee, of the county within fivethree days	9689
of the offender's coming into a county in which the offender	9690
resides or temporarily is domiciled for more than fivethree	9691
days,.	9692

(b) The offender shall register personally with the sheriff,	9693
or the sheriff's designee, of the county immediately upon coming	9694
into a county in which the offender attends a school or	9695
institution of higher education on a full-time or part-time basis	9696
regardless of whether the offender resides or has a temporary	9697
domicile in this state or another state,.	9698

(c) The offender shall register personally with the sheriff,	9699
or the sheriff's designee, of the county in which the offender is	9700
employed if the offender resides or has a temporary domicile in	9701
this state and has been employed in that county for more than	9702
fourteenthree days or for an aggregate period of thirtyfourteen	9703
or more days in that calendar year,.	9704

(d) The offender shall register personally with the sheriff,	9705
or the sheriff's designee, of the county in which the offender	9706
then is employed if the offender does not reside or have a	9707
temporary domicile in this state and has been employed at any	9708
location or locations in this state for more than fourteenthree	9709
days or for an aggregate period of thirtyfourteen or more days	9710
in that calendar year, and.	9711

(e) The offender shall register personally with the sheriff,	9712
or the sheriff's designee, or other appropriate person of the	9713
other state immediately upon entering into any state other than	9714
this state in which the offender attends a school or institution	9715
of higher education on a full-time or part-time basis or upon	9716
being employed in any state other than this state for more than	9717
fourteenthree days or for an aggregate period of thirtyfourteen	9718
or more days in that calendar year regardless of whether the	9719
offender resides or has a temporary domicile in this state, the	9720
other state, or a different state:.	9721

(a) Regardless of when the child-victim oriented offense was	9722
committed, an offender who is sentenced for the child-victim	9723
oriented offense to a prison term, a term of imprisonment, or any	9724
other type of confinement and, on or after July 31, 2003, is	9725
released in any manner from the prison term, term of imprisonment,	9726
or confinement;	9727

(b) Regardless of when the child-victim oriented offense was	9728
committed, an offender who is sentenced for a child-victim	9729
oriented offense on or after July 31, 2003, and to whom division	9730
(A)(1)(a) of this section does not apply;	9731

(c) If the child-victim oriented offense was committed prior	9732
to July 31, 2003, if the offense was considered prior to that date	9733
to be a sexually oriented offense, and if neither division	9734
(A)(1)(a) nor division (A)(1)(b) of this section applies, an	9735
offender who, immediately prior to July 31, 2003, was required to	9736
register as a result of conviction of or plea of guilty to the	9737
commission of that offense under section 2950.04 of the Revised	9738
Code. For any offender who is described in this division, the duty	9739
imposed under this division shall be considered, for purposes of	9740
section 2950.07 of the Revised Code and for all other purposes, to	9741
be a continuation of the duty imposed upon the offender prior to	9742
July 31, 2003, under section 2950.04 of the Revised Code.	9743

(2) Each of the following types of delinquent children shall	9744
register personally with the sheriff of the county within five	9745
days of the delinquent child's coming into a county in which the	9746
delinquent child resides or temporarily is domiciled for more than	9747
five days:	9748

(a)(3) Regardless of when the child-victim oriented offense	9749
was committed, aeach child who on or after July 31, 2003, is	9750
adjudicated a delinquent child for committing a child-victim	9751
oriented offense and who is classified a juvenile offender	9752
registrant based on that adjudication shall register personally	9753
with the sheriff, or the sheriff's designee, of the county within	9754
three days of the delinquent child's coming into a county in	9755
which the delinquent child resides or temporarily is domiciled	9756
for more than three days. If the delinquent child is committed	9757
for the child-victim oriented offense to the department of youth	9758
services or to a secure facility that is not operated by the	9759
department, this duty begins when the delinquent child is	9760
discharged or released in any manner from custody in a department	9761
of youth services secure facility or from the secure facility	9762
that is not operated by the department, if pursuant to the	9763
discharge or release the delinquent child is not committed to any	9764
other secure facility of the department or any other secure	9765
facility. The delinquent child does not have a duty to register	9766
under this division while the child is in a department of youth	9767
services secure facility or in a secure facility that is not	9768
operated by the department.	9769

(b) If the child-victim oriented offense was committed prior	9770
to July 31, 2003, if the offense was considered prior to that date	9771
to be a sexually oriented offense, and if division (A)(2)(a) of	9772
this section does not apply, a delinquent child who, immediately	9773
prior to July 31, 2003, was classified a juvenile sex offender	9774
registrant and required to register as a result of a delinquent	9775
child adjudication for the commission of that offense under	9776
section 2950.04 of the Revised Code. For any delinquent child who	9777
is described in this division, the duty imposed under this	9778
division shall be considered, for purposes of section 2950.07 of	9779
the Revised Code and for all other purposes, to be a continuation	9780
of the duty imposed upon the delinquent child prior to July 31,	9781
2003, under section 2950.04 of the Revised Code. If the delinquent	9782
child is committed for the child-victim oriented offense to the	9783
department of youth services or to a secure facility that is not	9784
operated by the department, the provisions of division (A)(2)(a)	9785
of this section regarding the beginning, and tolling, of a duty	9786
imposed under that division also apply regarding the beginning,	9787
and tolling, of the duty imposed under this division.	9788

(3) If divisions (A)(1) and (2) of this section do not apply,	9789
each following type of offender and each following type of	9790
delinquent child shall register personally with the sheriff of the	9791
county within five days of the offender's or delinquent child's	9792
coming into a county in which the offender or delinquent child	9793
resides or temporarily is domiciled for more than five days, and	9794
each following type of offender shall register personally with the	9795
sheriff of the county immediately upon coming into a county in	9796
which the offender attends a school or institution of higher	9797
education on a full-time or part-time basis regardless of whether	9798
the offender resides or has a temporary domicile in this state or	9799
another state, shall register personally with the sheriff of the	9800
county in which the offender is employed if the offender resides	9801
or has a temporary domicile in this state and has been employed in	9802
that county for more than fourteen days or for an aggregate period	9803
of thirty or more days in that calendar year, and shall register	9804
personally with the sheriff of the county in which the offender	9805
then is employed if the offender does not reside or have a	9806
temporary domicile in this state and has been employed at any	9807
location or locations in this state for more than fourteen days or	9808
for an aggregate period of thirty or more days in that calendar	9809
year:	9810

(a)(4) Regardless of when the child-victim oriented offense	9811
was committed, aeach person who is convicted, pleads guilty, or	9812
is adjudicated a delinquent child in a court in another state, in	9813
a federal court, military court, or Indian tribal court, or in a	9814
court in any nation other than the United States for committing a	9815
child-victim oriented offense, if, on or after July 31, 2003, the	9816
offender or delinquent child moves to and resides in this state or	9817
temporarily is domiciled in this state for more than five days,	9818
the offender enters this state to attend any school or institution	9819
of higher education on a full-time or part-time basis, or the	9820
offender is employed in this state for more than fourteen days or	9821
for an aggregate period of thirty or more days in any calendar	9822
year, andshall comply with all of the following registration	9823
requirements if, at the time the offender or delinquent child	9824
moves to and resides in this state or temporarily is domiciled in	9825
this state for more than fivethree days, the offender enters this	9826
state to attend the school or institution of higher education, or	9827
the offender is employed in this state for more than the specified	9828
period of time, the offender or delinquent child has a duty to	9829
register as a child-victim offender or sex offender under the law	9830
of that other jurisdiction as a result of the conviction, guilty	9831
plea, or adjudication:	9832

(a) Each offender and delinquent child shall register	9833
personally with the sheriff, or the sheriff's designee, of the	9834
county within three days of the offender's or delinquent child's	9835
coming into the county in which the offender or delinquent child	9836
resides or temporarily is domiciled for more than three days.	9837

(b) Each offender shall register personally with the sheriff,	9838
or the sheriff's designee, of the county immediately upon coming	9839
into a county in which the offender attends a school or	9840
institution of higher education on a full-time or part-time basis	9841
regardless of whether the offender resides or has a temporary	9842
domicile in this state or another state.	9843

(c) Each offender shall register personally with the sheriff,	9844
or the sheriff's designee, of the county in which the offender is	9845
employed if the offender resides or has a temporary domicile in	9846
this state and has been employed in that county for more than	9847
three days or for an aggregate period of fourteen days or more in	9848
that calendar year.	9849

(d) Each offender shall register personally with the sheriff,	9850
or the sheriff's designee, of the county in which the offender	9851
then is employed if the offender does not reside or have a	9852
temporary domicile in this state and has not been employed at any	9853
location or locations in this state for more than three days or	9854
for an aggregate period of fourteen or more days in that calendar	9855
year.	9856

(5) An offender is not required to register under division	9857
(A)(2), (3), or (4) of this section if a court issues an order	9858
terminating the offender's duty to comply with sections 2950.04,	9859
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to	9860
section 2950.15 of the Revised Code. A delinquent child who is a	9861
juvenile offender registrant but is not a public	9862
registry-qualified juvenile offender registrant is not required to	9863
register under any of those divisions if a juvenile court issues	9864
an order declassifying the delinquent child as a juvenile offender	9865
registrant pursuant to section 2152.84 or 2152.85 of the Revised	9866
Code.	9867

(b) Regardless of when the child-victim oriented offense was	9868
committed, a person who is convicted, pleads guilty, or	9869
adjudicated a delinquent child in a court in another state, in a	9870
federal court, military court, or Indian tribal court, or in a	9871
court in any nation other than the United States for committing a	9872
child-victim oriented offense, if, on or after July 31, 2003, the	9873
offender or delinquent child is released from imprisonment,	9874
confinement, or detention imposed for that offense, and if, on or	9875
after July 31, 2003, the offender or delinquent child moves to and	9876
resides in this state or temporarily is domiciled in this state	9877
for more than five days, the offender enters this state to attend	9878
any school or institution of higher education on a full-time or	9879
part-time basis, or the offender is employed in this state for	9880
more than fourteen days or for an aggregate period of thirty or	9881
more days in any calendar year. The duty to register as described	9882
in this division applies to an offender regardless of whether the	9883
offender, at the time of moving to and residing in this state or	9884
temporarily being domiciled in this state for more than five days,	9885
at the time of entering into this state to attend the school or	9886
institution of higher education, or at the time of being employed	9887
in this state for more than the specified period of time, has a	9888
duty to register as a child-victim offender or sex offender under	9889
the law of the jurisdiction in which the conviction or guilty plea	9890
occurred. The duty to register as described in this division	9891
applies to a delinquent child only if the delinquent child, at the	9892
time of moving to and residing in this state or temporarily being	9893
domiciled in this state for more than five days, has a duty to	9894
register as a child-victim offender or sex offender under the law	9895
of the jurisdiction in which the delinquent child adjudication	9896
occurred or if, had the delinquent child adjudication occurred in	9897
this state, the adjudicating juvenile court judge would have been	9898
required to issue an order classifying the delinquent child as a	9899
juvenile offender registrant pursuant to section 2152.82 or	9900
division (A) of section 2152.83 of the Revised Code.	9901

(4) If neither division (A)(1), (2), nor (3) of this section	9902
applies and if the offender is adjudicated a child-victim predator	9903
under division (C) of section 2950.091 of the Revised Code, the	9904
offender shall register within five days of the adjudication with	9905
the sheriff of the county in which the offender resides or	9906
temporarily is domiciled for more than five days, shall register	9907
with the sheriff of any county in which the offender subsequently	9908
resides or temporarily is domiciled for more than five days within	9909
five days of coming into that county, shall register within five	9910
days of the adjudication with the sheriff of the county in which	9911
the offender attends any school or institution of higher education	9912
on a full-time or part-time basis or in which the offender is	9913
employed if the offender has been employed in that county for more	9914
than fourteen days or for an aggregate period of thirty or more	9915
days in that calendar year regardless of whether the offender	9916
resides or has temporary domicile in this state or another state,	9917
and shall register within five days of the adjudication with the	9918
sheriff or other appropriate person of any state other than this	9919
state in which the offender attends a school or institution of	9920
higher education on a full-time or part-time basis or in which the	9921
offender then is employed if the offender has been employed in	9922
this state for more than fourteen days or for an aggregate period	9923
of thirty or more days in any calendar year regardless of whether	9924
the offender resides or has temporary domicile in this state, the	9925
other state, or a different state.	9926

(5) A person who is adjudicated a delinquent child for	9927
committing a child-victim oriented offense is not required to	9928
register under division (A)(2) of this section unless the	9929
delinquent child committed the offense on or after July 31, 2003,	9930
is classified a juvenile offender registrant by a juvenile court	9931
judge pursuant to an order issued under section 2152.82, 2152.83,	9932
2152.84, or 2152.85 of the Revised Code based on that	9933
adjudication, and has a duty to register pursuant to division	9934
(A)(2) of this section.	9935

(B) An offender or delinquent child who is required by	9936
division (A) of this section to register in this state personally	9937
shall do so in the manner described in division (B) of section	9938
2950.04 of the Revised Code, and the registration is complete as	9939
described in that division.	9940

(C) The registration form to be used under divisions (A) and	9941
(B) of this section shall include the photograph of the offender	9942
or delinquent child who is registering and shallor contain all of	9943
the following for the offender or delinquent child who is	9944
registering:	9945

(1) The offender's or delinquent child's name, any aliases	9946
used by the offender or delinquent child, and a photograph of the	9947
offender or delinquent child;	9948

(2) The offender's or delinquent child's social security	9949
number and date of birth, including any alternate social security	9950
numbers or dates of birth that the offender or delinquent child	9951
has used or uses;	9952

(3) Regarding an offender or delinquent child who is	9953
registering under a duty imposed under division (A)(1) of this	9954
section, a statement that the offender is serving a prison term,	9955
term of imprisonment, or any other type of confinement or a	9956
statement that the delinquent child is in the custody of the	9957
department of youth services or is confined in a secure facility	9958
that is not operated by the department;	9959

(4) Regarding an offender or delinquent child who is	9960
registering under a duty imposed under division (A)(1), (2), (3),	9961
or (4) of this section as a result of the offender or delinquent	9962
child residing in this state or temporarily being domiciled in	9963
this state for more than fivethree days, all of the information	9964
described in division (C)(1)(4) of section 2950.04 of the Revised	9965
Code;	9966

(2)(5) Regarding an offender who is registering under a duty	9967
imposed under division (A)(1), (3),(2) or (4) of this section as a	9968
result of the offender attending a school or institution of higher	9969
education on a full-time or part-time basis or being employed in	9970
this state or in a particular county in this state, whichever is	9971
applicable, for more than fourteenthree days or for an aggregate	9972
of thirtyfourteen or more days in any calendar year, all of the	9973
information described in division (C)(2)(5) of section 2950.04 of	9974
the Revised Code;	9975

(3) Regarding an offender or delinquent child who is	9976
registering under a duty imposed under division (A)(1), (2), (3),	9977
or (4) of this section, if the offender has been adjudicated a	9978
child-victim predator relative to the child-victim oriented	9979
offense in question, if the delinquent child has been adjudicated	9980
a child-victim predator relative to the child-victim oriented	9981
offense in question and the court has not subsequently determined	9982
pursuant to section 2152.84 or 2152.85 of the Revised Code that	9983
the delinquent child no longer is a child-victim predator, if the	9984
offender or delinquent child is automatically classified a	9985
habitual child-victim offender under division (E) of section	9986
2950.091 of the Revised Code, or if the judge determined pursuant	9987
to division (C) or (E) of section 2950.091 or pursuant to section	9988
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the	9989
offender or delinquent child is a habitual child-victim offender	9990
and the determination has not been removed pursuant to section	9991
2152.84 or 2152.85 of the Revised Code, the offender or delinquent	9992
child shall include on the signed, written registration form all	9993
of the information described in division (C)(3) of section 2950.04	9994
of the Revised Code.	9995

(6) The identification license plate number issued by this	9996
state or any other state of each vehicle the offender or	9997
delinquent child owns, of each vehicle registered in the	9998
offender's or delinquent child's name, of each vehicle the	9999
offender or delinquent child operates as a part of employment, and	10000
of each other vehicle that is regularly available to be operated	10001
by the offender or delinquent child; a description of where each	10002
vehicle is habitually parked, stored, docked, or otherwise kept;	10003
and, if required by the bureau of criminal identification and	10004
investigation, a photograph of each of those vehicles;	10005

(7) If the offender or delinquent child has a driver's or	10006
commercial driver's license or permit issued by this state or any	10007
other state or a state identification card issued under section	10008
4507.50 or 4507.51 of the Revised Code or a comparable	10009
identification card issued by another state, the driver's license	10010
number, commercial driver's license number, or state	10011
identification card number;	10012

(8) If the offender or delinquent child was convicted of,	10013
pleaded guilty to, or was adjudicated a delinquent child for	10014
committing the child-victim oriented offense resulting in the	10015
registration duty in a court in another state, in a federal court,	10016
military court, or Indian tribal court, or in a court in any	10017
nation other than the United States, a DNA specimen, as defined in	10018
section 109.573 of the Revised Code, from the offender or	10019
delinquent child, a citation for, and the name of, the	10020
child-victim oriented offense resulting in the registration duty,	10021
and a certified copy of a document that describes the text of that	10022
child-victim oriented offense;	10023

(9) Copies of travel and immigration documents;

10024

(10) A description of each professional and occupational	10025
license, permit, or registration, including those licenses,	10026
permits, and registrations issued under Title XLVII of the Revised	10027
Code, held by the offender or delinquent child;	10028

(11) Any email addresses, internet identifiers, or telephone	10029
numbers registered to or used by the offender or delinquent child;	10030

(12) Any other information required by the bureau of criminal	10031
identification and investigation.	10032

(D) Division (D) of section 2950.04 of the Revised Code	10033
applies when an offender or delinquent child registers with a	10034
sheriff pursuant to this section.	10035

(E) No person who is required to register pursuant to	10036
divisions (A) and (B) of this section, and no person who is	10037
required to send a notice of intent to reside pursuant to division	10038
(G) of this section, shall fail to register or send the notice as	10039
required in accordance with those divisions or that division.	10040

(F) An offender or delinquent child who is required to	10041
register pursuant to divisions (A) and (B) of this section shall	10042
register pursuant to this section for the period of time specified	10043
in section 2950.07 of the Revised Code, with the duty commencing	10044
on the date specified in division (A) of that section.	10045

(G) If an offender or delinquent child who is required by	10046
division (A) of this section to register is adjudicated a	10047
child-victim predator or a habitual child-victim offender subject	10048
to community notification under division (C)(2) or (E) of section	10049
2950.091 of the Revised Codea tier III sex offender/child-victim	10050
offender, the offender or delinquent child also shall send the	10051
sheriff, or the sheriff's designee, of the county in which the	10052
offender or delinquent child intends to reside written notice of	10053
the offender's or delinquent child's intent to reside in the	10054
county. The offender or delinquent child shall send the notice of	10055
intent to reside at least twenty days prior to the date the	10056
offender or delinquent child begins to reside in the county. The	10057
notice of intent to reside shall contain all of the following	10058
information:	10059

(1) The information specified in divisions (G)(1) and (2) of	10060
section 2950.04 of the Revised Code;	10061

(2) The child-victim oriented offense of which the offender	10062
was convicted, to which the offender pleaded guilty, or for which	10063
the child was adjudicated a delinquent child;	10064

(3) A statement that the offender has been adjudicated a	10065
child-victim predator, a statement that the delinquent child has	10066
been adjudicated a child-victim predator and that, as of the date	10067
of the notice, the court has not entered a determination that the	10068
delinquent child no longer is a child-victim predator, or a	10069
statement that the sentencing or reviewing judge has determined	10070
that the offender or delinquent child is a habitual child-victim	10071
offender and that, as of the date of the notice, the determination	10072
has not been removed pursuant to section 2152.84 or 2152.85 of the	10073
Revised Code.	10074

(H) If, immediately prior to January 1, 2008, an offender or	10075
delinquent child who was convicted of, pleaded guilty to, or was	10076
adjudicated a delinquent child for committing a child-victim	10077
oriented offense or a sexually oriented offense as those terms	10078
were defined in section 2950.01 of the Revised Code prior to	10079
January 1, 2008, was required by division (A) of this section or	10080
section 2950.04 of the Revised Code to register and if, on or	10081
after January 1, 2008, that offense is a child-victim oriented	10082
offense as that term is defined in section 2950.01 of the Revised	10083
Code on and after January 1, 2008, the duty to register that is	10084
imposed pursuant to this section on and after January 1, 2008,	10085
shall be considered, for purposes of section 2950.07 of the	10086
Revised Code and for all other purposes, to be a continuation of	10087
the duty imposed upon the offender or delinquent child prior to	10088
January 1, 2008, under this section or section 2950.04 of the	10089
Revised Code.	10090

Sec. 2950.042. By January 1, 2008, the department of	10091
rehabilitation and correction, the adult parole authority, and the	10092
department of youth services shall adopt rules to require parole	10093
officers to verify within three days of an offender's or	10094
delinquent child's release that the offender or delinquent child	10095
has registered as provided in divisions (A)(2) and (3) of section	10096
2950.04 of the Revised Code or in divisions (A)(2) and (3) of	10097
section 2950.041 of the Revised Code, whichever is applicable.	10098

Sec. 2950.043.  If an offender or delinquent child registers	10099
with a sheriff pursuant to section 2950.04 or 2950.041 of the	10100
Revised Code on or after December 1, 2007, if the offender or	10101
delinquent child previously has not registered under either	10102
section with that sheriff or any other sheriff, and if the	10103
offender or delinquent child was convicted of, pleaded guilty to,	10104
or was classified a juvenile offender registrant relative to the	10105
sexually oriented offense or child-victim oriented offense upon	10106
which the registration was based prior to December 1, 2007, as	10107
soon as practicable after the registration, the sheriff shall	10108
contact the attorney general, inform the attorney general of the	10109
registration, and forward to the attorney general in the manner	10110
specified in division (D) of section 2950.04 of the Revised Code	10111
all of the information and material specified in that division.	10112
Upon being informed of the registration and receiving the	10113
information and material, the attorney general shall comply with	10114
division (B) of section 2950.031 of the Revised Code.	10115

Sec. 2950.05.  (A) If an offender or delinquent child is	10116
required to register pursuant to division (A)(2), (3), or (4) of	10117
section 2950.04 or 2950.041 of the Revised Code, the offender or	10118
delinquent child, at least twenty days prior to changing the	10119
offender's or delinquent child's residence address, or the	10120
offender, at least twenty days prior to changing the address of	10121
the offender's school or institution of higher education and not	10122
later than five days after changing the address of the offender's	10123
place of employment, during the period during which the offender	10124
or delinquent child is required to register,if not a public	10125
registry-qualified juvenile offender registrant shall provide	10126
written notice of theany change of residence address, and the	10127
offender and public registry-qualified juvenile offender	10128
registrant shall provide notice of any change of residence,	10129
school, institution of higher education, or place of employment	10130
address change, as applicable, to the sheriff with whom the	10131
offender or delinquent child most recently registered the address	10132
under division (A)(2), (3), or (4) of section 2950.04 or 2950.041	10133
of the Revised Code or under division (B) of this section. A	10134
written notice of a change of school, institution of higher	10135
education, or place of employment address also shall include the	10136
name of the new school, institution of higher education, or place	10137
of employment. The delinquent child if not a public	10138
registry-qualified juvenile offender registrant shall provide the	10139
written notice at least twenty days prior to changing the	10140
residence address, and the offender and public registry-qualified	10141
juvenile offender registrant shall provide the written notice at	10142
least twenty days prior to changing the address of the residence,	10143
school, or institution of higher education and not later than	10144
three days after changing the address of the place of employment.	10145
They shall provide the written notices during the period they are	10146
required to register. If a residence address change is not to a	10147
fixed address, the offender or delinquent child shall include in	10148
that notice a detailed description of the place or places at	10149
which the offender or delinquent child intends to stay and, not	10150
later than the end of the first business day immediately	10151
following the day on which the person obtains a fixed residence	10152
address, shall provide that sheriff written notice of that fixed	10153
residence address. If a person whose residence address change is	10154
not to a fixed address describes in a notice under this division	10155
the place or places at which the person intends to stay, for	10156
purposes of divisions (C) to (H)(I) of this section, sections	10157
2950.06 to 2950.13 of the Revised Code, and sections 311.171 and	10158
2919.24 of the Revised Code, the place or places so described in	10159
the notice shall be considered the person's residence address and	10160
registered residence address, until the person provides the	10161
written notice of a fixed residence address as described in this	10162
division.	10163

(B) If an offender or public registry-qualified juvenile	10164
offender registrant is required to provide notice of a residence,	10165
school, institution of higher education, or place of employment	10166
address change under division (A) of this section, or a	10167
delinquent child who is not a public registry-qualified juvenile	10168
offender registrant is required to provide notice of a residence	10169
address change under that division, the offender or delinquent	10170
child, at least twenty days prior to changing the residence,	10171
school, or institution of higher education address and not later	10172
than fivethree days after changing the place of employment	10173
address, as applicable, also shall register the new address in the	10174
manner, and using the form, described in divisions (B) and (C) of	10175
section 2950.04 or 2950.041 of the Revised Code, whichever is	10176
applicable, with the sheriff of the county in which the offender's	10177
or delinquent child's new address is located, subject to division	10178
(C) of this section. If a residence address change is not to a	10179
fixed address, the offender or delinquent child shall include in	10180
the registration a detailed description of the place or places at	10181
which the offender or delinquent child intends to stay and, not	10182
later than the end of the first business day immediately following	10183
the day on which the person obtains a fixed residence address,	10184
shall register with that sheriff that fixed residence address. If	10185
a person whose residence address change is not to a fixed address	10186
describes in a registration under this division the place or	10187
places at which the person intends to stay, for purposes of	10188
divisions (C) to (H)(I) of this section, sections 2950.06 to	10189
2950.13 of the Revised Code, and sections 311.171 and 2919.24 of	10190
the Revised Code, the place or places so described in the	10191
registration shall be considered the person's residence address	10192
and registered residence address, until the person registers a	10193
fixed residence address as described in this division.	10194

(C) Divisions (A) and (B) of this section apply to a person	10195
who is required to register pursuant to division (A)(2), (3), or	10196
(4) of section 2950.04 or 2950.041 of the Revised Code regardless	10197
of whether the new residence, school, institution of higher	10198
education, or place of employment address is in this state or in	10199
another state. If the new address is in another state, the person	10200
shall register with the appropriate law enforcement officials in	10201
that state in the manner required under the law of that state and	10202
within the earlier of the period of time required under the law of	10203
that state or at least seven days prior to changing the address.	10204

(D) If an offender or delinquent child who is a public	10205
registry-qualified juvenile offender registrant is required to	10206
register pursuant to division (A)(2), (3), or (4) of section	10207
2950.04 or 2950.041 of the Revised Code, the offender or public	10208
registry-qualified juvenile offender registrant shall provide	10209
written notice, within three days of the change, of any change in	10210
vehicle information, email addresses, internet identifiers, or	10211
telephone numbers registered to or used by the offender or	10212
registrant to the sheriff with whom the offender or registrant	10213
has most recently registered under division (A)(2), (3), or (4)	10214
of section 2950.04 or 2950.041 of the Revised Code.	10215

(E)(1) Upon receiving from an offender or delinquent child	10216
pursuant to division (A) of this section notice of a change of the	10217
offender's or public registry-qualified juvenile offender	10218
registrant's residence, school, institution of higher education,	10219
or place of employment address or the delinquent child's	10220
residence address of a delinquent child who is not a public	10221
registry-qualified juvenile offender registrant, a sheriff	10222
promptly shall forward the new address to the bureau of criminal	10223
identification and investigation in accordance with the	10224
forwarding procedures adopted pursuant to section 2950.13 of the	10225
Revised Code if the new address is in another state or, if the	10226
new address is located in another county in this state, to the	10227
sheriff of that county. Upon receiving from an offender or public	10228
registry-qualified juvenile offender registrant notice of vehicle	10229
and identifier changes pursuant to division (D) of this section,	10230
a sheriff promptly shall forward the new information to the	10231
bureau of criminal identification and investigation in accordance	10232
with the forwarding procedures adopted pursuant to section	10233
2950.13 of the Revised Code. The bureau shall include all	10234
information forwarded to it under this division in the state	10235
registry of sex offenders and child-victim offenders established	10236
and maintained under section 2950.13 of the Revised Code and	10237
shall forward notice of the offender's or delinquent child's new	10238
residence, school, institution of higher education, or place of	10239
employment address, as applicable, to the appropriate officials	10240
in the other state.	10241

(2) When an offender or public registry-qualified juvenile	10242
offender registrant registers a new residence, school,	10243
institution of higher education, or place of employment address or	10244
a delinquent child who is not a public registry-qualified	10245
juvenile offender registrant registers a new residence address	10246
pursuant to division (B) of this section, the sheriff with whom	10247
the offender or delinquent child registers and the bureau of	10248
criminal identification and investigation shall comply with	10249
division (D) of section 2950.04 or 2950.041 of the Revised Code,	10250
whichever is applicable.	10251

(E)(F)(1) No person who is required to notify a sheriff of a	10252
change of address pursuant to division (A) of this section or a	10253
change in vehicle information or identifiers pursuant to division	10254
(D) of this section shall fail to notify the appropriate sheriff	10255
in accordance with that division.	10256

(2) No person who is required to register a new residence,	10257
school, institution of higher education, or place of employment	10258
address with a sheriff or with an official of another state	10259
pursuant to divisions (B) and (C) of this section shall fail to	10260
register with the appropriate sheriff or official of the other	10261
state in accordance with those divisions.	10262

(F)(G)(1) It is an affirmative defense to a charge of a	10263
violation of division (E)(F)(1) of this section that it was	10264
impossible for the person to provide the written notice to the	10265
sheriff as required under division (A) of this section because of	10266
a lack of knowledge, on the date specified for the provision of	10267
the written notice, of a residence, school, institution of higher	10268
education, or place of employment address change, and that the	10269
person provided notice of the residence, school, institution of	10270
higher education, or place of employment address change to the	10271
sheriff specified in division (A) of this section as soon as	10272
possible, but not later than the end of the first business day,	10273
after learning of the address change by doing either of the	10274
following:	10275

(a) The person provided notice of the address change to the	10276
sheriff specified in division (A) of this section by telephone	10277
immediately upon learning of the address change or, if the person	10278
did not have reasonable access to a telephone at that time, as	10279
soon as possible, but not later than the end of the first business	10280
day, after learning of the address change and having reasonable	10281
access to a telephone, and the person, as soon as possible, but	10282
not later than the end of the first business day, after providing	10283
notice of the address change to the sheriff by telephone, provided	10284
written notice of the address change to that sheriff.	10285

(b) The person, as soon as possible, but not later than the	10286
end of the first business day, after learning of the address	10287
change, provided written notice of the address change to the	10288
sheriff specified in division (A) of this section.	10289

(2) It is an affirmative defense to a charge of a violation	10290
of division (E)(F)(2) of this section that it was impossible for	10291
the person to register the new address with the sheriff or the	10292
official of the other state as required under division (B) or (C)	10293
of this section because of a lack of knowledge, on the date	10294
specified for the registration of the new address, of a residence,	10295
school, institution of higher education, or place of employment	10296
address change, and that the person registered the new residence,	10297
school, institution of higher education, or place of employment	10298
address with the sheriff or the official of the other state	10299
specified in division (B) or (C) of this section as soon as	10300
possible, but not later than the end of the first business day,	10301
after learning of the address change by doing either of the	10302
following:	10303

(a) The person provided notice of the new address to the	10304
sheriff or official specified in division (B) or (C) of this	10305
section by telephone immediately upon learning of the new address	10306
or, if the person did not have reasonable access to a telephone at	10307
that time, as soon as possible, but not later than the end of the	10308
first business day, after learning of the new address and having	10309
reasonable access to a telephone, and the person, as soon as	10310
possible, but not later than the end of the first business day,	10311
after providing notice of the new address to the sheriff or	10312
official by telephone, registered the new address with that	10313
sheriff or official in accordance with division (B) or (C) of this	10314
section.	10315

(b) The person, as soon as possible, but not later than the	10316
end of the first business day, after learning of the new address,	10317
registered the new address with the sheriff or official specified	10318
in division (B) or (C) of this section, in accordance with that	10319
division.	10320

(G)(H) An offender or delinquent child who is required to	10321
comply with divisions (A), (B), and (C) of this section shall do	10322
so for the period of time specified in section 2950.07 of the	10323
Revised Code.	10324

(H)(I) As used in this section, and in all other sections of	10325
the Revised Code that refer to the duties imposed on an offender	10326
or delinquent child under this section relative to a change in	10327
the offender's or delinquent child's residence, school,	10328
institution of higher education, or place of employment address,	10329
"change in address" includes any circumstance in which the old	10330
address for the person in question no longer is accurate,	10331
regardless of whether the person in question has a new address.	10332

Sec. 2950.06.  (A) An offender or delinquent child who is	10333
required to register a residence address pursuant to division	10334
(A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised	10335
Code shall periodically verify the offender's or delinquent	10336
child's current residence address, and an offender or public	10337
registry-qualified juvenile offender registrant who is required	10338
to register a school, institution of higher education, or place of	10339
employment address pursuant to eitherany of those sections	10340
divisions shall periodically verify the address of the offender's	10341
or public registry-qualified juvenile offender registrant's	10342
current school, institution of higher education, or place of	10343
employment, in accordance with this section. The frequency of	10344
verification shall be determined in accordance with division (B)	10345
of this section, and the manner of verification shall be	10346
determined in accordance with division (C) of this section.	10347

(B) The frequency with which an offender or delinquent child	10348
must verify the offender's or delinquent child's current	10349
residence, school, institution of higher education, or place of	10350
employment address pursuant to division (A) of this section shall	10351
be determined as follows:	10352

(1) Regardless of when the sexually oriented offense or	10353
child-victim oriented offense for which the offender or delinquent	10354
child is required to register was committed, if the offender or	10355
delinquent child is a tier I sex offender/child-victim offender,	10356
the offender shall verify the offender's current residence address	10357
or current school, institution of higher education, or place of	10358
employment address, and the delinquent child shall verify the	10359
delinquent child's current residence address, in accordance with	10360
division (C) of this section every ninety days afteron each	10361
anniversary of the offender's or delinquent child's initial	10362
registration date during the period the offender or delinquent	10363
child is required to register if any of the following applies:	10364

(a) The offender or delinquent child is required to register	10365
based on a sexually oriented offense, and either the offender has	10366
been adjudicated a sexual predator relative to the sexually	10367
oriented offense, the delinquent child has been adjudicated a	10368
sexual predator relative to the sexually oriented offense and the	10369
court has not subsequently entered a determination pursuant to	10370
section 2152.84 or 2152.85 of the Revised Code that the delinquent	10371
child no longer is a sexual predator, or the offender is required	10372
to register as a result of an aggravated sexually oriented	10373
offense.	10374

(b) The offender or delinquent child is required to register	10375
based on a child-victim oriented offense, and either the offender	10376
has been adjudicated a child-victim predator relative to the	10377
child-victim oriented offense or the delinquent child has been	10378
adjudicated a child-victim predator relative to the child-victim	10379
oriented offense and the court has not subsequently entered a	10380
determination pursuant to section 2152.84 or 2152.85 of the	10381
Revised Code that the delinquent child no longer is a child-victim	10382
predator.	10383

(2) In all circumstances not described in division (B)(1) of	10384
this sectionRegardless of when the sexually oriented offense or	10385
child-victim oriented offense for which the offender or delinquent	10386
child is required to register was committed, if the offender or	10387
delinquent child is a tier II sex offender/child-victim offender,	10388
the offender shall verify the offender's current residence address	10389
or current school, institution of higher education, or place of	10390
employment address, and the delinquent child shall verify the	10391
delinquent child's current residence address, in accordance with	10392
division (C) of this section on each anniversary ofevery one	10393
hundred eighty days after the offender's or delinquent child's	10394
initial registration date during the period the offender or	10395
delinquent child is required to register.	10396

(3) Regardless of when the sexually oriented offense or	10397
child-victim oriented offense for which the offender or delinquent	10398
child is required to register was committed, if the offender or	10399
delinquent child is a tier III sex offender/child-victim offender,	10400
the offender shall verify the offender's current residence address	10401
or current school, institution of higher education, or place of	10402
employment address, and the delinquent child shall verify the	10403
delinquent child's current residence address and, if the	10404
delinquent child is a public registry-qualified juvenile offender	10405
registrant, the current school, institution of higher education,	10406
or place of employment address, in accordance with division (C)	10407
of this section every ninety days after the offender's or	10408
delinquent child's initial registration date during the period	10409
the offender or delinquent child is required to register.	10410

(4) If, prior to the effective date of this amendmentJanuary	10411
1, 2008, an offender or delinquent child registered with a sheriff	10412
under a duty imposed under section 2950.04 or 2950.041 of the	10413
Revised Code as a result of a conviction of, plea of guilty to, or	10414
adjudication as a delinquent child for committing a sexually	10415
oriented offense and if, on or after the effective date of this	10416
amendment, that offense no longer is a sexually oriented offense	10417
but instead isor a child-victim oriented offense as those terms	10418
were defined in section 2950.01 of the Revised Code prior to	10419
January 1, 2008, the duty to register that is imposed on the	10420
offender or delinquent child pursuant to section 2950.04 or	10421
2950.041 of the Revised Code on and after January 1, 2008, is a	10422
continuation of the duty imposed upon the offender prior to the	10423
effective date of this amendmentJanuary 1, 2008, under section	10424
2950.04 or 2950.041 of the Revised Code and, for purposes of	10425
divisions (B)(1) and, (2), and (3) of this section, the offender's	10426
initial registration date related to that offense is the date on	10427
which the offender initially registered under section 2950.04 or	10428
2950.041 of the Revised Code.	10429

(C)(1) An offender or delinquent child who is required to	10430
verify the offender's or delinquent child's current residence,	10431
school, institution of higher education, or place of employment	10432
address pursuant to division (A) of this section shall verify the	10433
address with the sheriff with whom the offender or delinquent	10434
child most recently registered the address by personally appearing	10435
before the sheriff or a designee of the sheriff, no earlier than	10436
ten days before the date on which the verification is required	10437
pursuant to division (B) of this section and no later than the	10438
date so required for verification, and completing and signing a	10439
copy of the verification form prescribed by the bureau of criminal	10440
identification and investigation. The sheriff or designee shall	10441
sign the completed form and indicate on the form the date on which	10442
it is so completed. The verification required under this division	10443
is complete when the offender or delinquent child personally	10444
appears before the sheriff or designee and completes and signs the	10445
form as described in this division.	10446

(2) To facilitate the verification of an offender's or	10447
delinquent child's current residence, school, institution of	10448
higher education, or place of employment address, as applicable,	10449
under division (C)(1) of this section, the sheriff with whom the	10450
offender or delinquent child most recently registered the address	10451
may mail a nonforwardable verification form prescribed by the	10452
bureau of criminal identification and investigation to the	10453
offender's or delinquent child's last reported address and to the	10454
last reported address of the parents of the delinquent child, with	10455
a notice that conspicuously states that the offender or delinquent	10456
child must personally appear before the sheriff or a designee of	10457
the sheriff to complete the form and the date by which the form	10458
must be so completed. Regardless of whether a sheriff mails a form	10459
to an offender or delinquent child and that child's parents, each	10460
offender or delinquent child who is required to verify the	10461
offender's or delinquent child's current residence, school,	10462
institution of higher education, or place of employment address,	10463
as applicable, pursuant to division (A) of this section shall	10464
personally appear before the sheriff or a designee of the sheriff	10465
to verify the address in accordance with division (C)(1) of this	10466
section.	10467

(D) The verification form to be used under division (C) of	10468
this section shall contain all of the following:	10469

(1) Except as provided in division (D)(2) of this section,	10470
the current residence address of the offender or delinquent child,	10471
the name and address of the offender's or delinquent child's	10472
employer if the offender or delinquent child is employed at the	10473
time of verification or if the offender or delinquent child knows	10474
at the time of verification that the offender or delinquent child	10475
will be commencing employment with that employer subsequent to	10476
verification, the name and address of the offender's or public	10477
registry-qualified juvenile offender registrant's school or	10478
institution of higher education if the offender or public	10479
registry-qualified juvenile offender registrant attends one at the	10480
time of verification or if the offender or public	10481
registry-qualified juvenile offender registrant knows at the time	10482
of verification that the offender will be commencing attendance	10483
at that school or institution subsequent to verification, and any	10484
other information required by the bureau of criminal	10485
identification and investigation.	10486

(2) Regarding an offender or public registry-qualified	10487
juvenile offender registrant who is verifying a current school,	10488
institution of higher education, or place of employment address,	10489
the name and current address of the school, institution of higher	10490
education, or place of employment of the offender or public	10491
registry-qualified juvenile offender registrant and any other	10492
information required by the bureau of criminal identification and	10493
investigation.	10494

(E) Upon an offender's or delinquent child's personal	10495
appearance and completion of a verification form under division	10496
(C) of this section, a sheriff promptly shall forward a copy of	10497
the verification form to the bureau of criminal identification and	10498
investigation in accordance with the forwarding procedures adopted	10499
by the attorney general pursuant to section 2950.13 of the Revised	10500
Code. If an offender or public registry-qualified juvenile	10501
offender registrant verifies a school, institution of higher	10502
education, or place of employment address, or provides a school or	10503
institution of higher education address under division (D)(1) of	10504
this section, the sheriff also shall provide notice to the law	10505
enforcement agency with jurisdiction over the premises of the	10506
school, institution of higher education, or place of employment of	10507
the offender's or public registry-qualified juvenile offender	10508
registrant's name and that the offender or public	10509
registry-qualified juvenile offender registrant has verified or	10510
provided that address as a place at which the offender or public	10511
registry-qualified juvenile offender registrant attends school or	10512
an institution of higher education or at which the offender or	10513
public registry-qualified juvenile offender registrant is	10514
employed. The bureau shall include all information forwarded to it	10515
under this division in the state registry of sex offenders and	10516
child-victim offenders established and maintained under section	10517
2950.13 of the Revised Code.	10518

(F) No person who is required to verify a current residence,	10519
school, institution of higher education, or place of employment	10520
address, as applicable, pursuant to divisions (A) to (C) of this	10521
section shall fail to verify a current residence, school,	10522
institution of higher education, or place of employment address,	10523
as applicable, in accordance with those divisions by the date	10524
required for the verification as set forth in division (B) of this	10525
section, provided that no person shall be prosecuted or subjected	10526
to a delinquent child proceeding for a violation of this division,	10527
and that no parent, guardian, or custodian of a delinquent child	10528
shall be prosecuted for a violation of section 2919.24 of the	10529
Revised Code based on the delinquent child's violation of this	10530
division, prior to the expiration of the period of time specified	10531
in division (G) of this section.	10532

(G)(1) If an offender or delinquent child fails to verify a	10533
current residence, school, institution of higher education, or	10534
place of employment address, as applicable, as required by	10535
divisions (A) to (C) of this section by the date required for the	10536
verification as set forth in division (B) of this section, the	10537
sheriff with whom the offender or delinquent child is required to	10538
verify the current address, on the day following that date	10539
required for the verification, shall send a written warning to the	10540
offender or to the delinquent child and that child's parents, at	10541
the offender's or delinquent child's and that child's parents'	10542
last known residence, school, institution of higher education, or	10543
place of employment address, as applicable, regarding the	10544
offender's or delinquent child's duty to verify the offender's or	10545
delinquent child's current residence, school, institution of	10546
higher education, or place of employment address, as applicable.	10547

The written warning shall do all of the following:

10548

(a) Identify the sheriff who sends it and the date on which	10549
it is sent;	10550

(b) State conspicuously that the offender or delinquent child	10551
has failed to verify the offender's or public registry-qualified	10552
juvenile offender registrant's current residence, school,	10553
institution of higher education, or place of employment address or	10554
the delinquent child's current residence address of a delinquent	10555
child who is not a public registry-qualified juvenile offender	10556
registrant by the date required for the verification;	10557

(c) Conspicuously state that the offender or delinquent child	10558
has seven days from the date on which the warning is sent to	10559
verify the current residence, school, institution of higher	10560
education, or place of employment address, as applicable, with the	10561
sheriff who sent the warning;	10562

(d) Conspicuously state that a failure to timely verify the	10563
specified current address or addresses is a felony offense;	10564

(e) Conspicuously state that, if the offender or public	10565
registry-qualified juvenile offender registrant verifies the	10566
current residence, school, institution of higher education, or	10567
place of employment address or the delinquent child who is not a	10568
public registry-qualified juvenile offender registrant verifies	10569
the current residence address with that sheriff within that	10570
seven-day period, the offender or delinquent child will not be	10571
prosecuted or subjected to a delinquent child proceeding for a	10572
failure to timely verify a current address and the delinquent	10573
child's parent, guardian, or custodian will not be prosecuted	10574
based on a failure of the delinquent child to timely verify an	10575
address;	10576

(f) Conspicuously state that, if the offender or public	10577
registry-qualified juvenile offender registrant does not verify	10578
the current residence, school, institution of higher education, or	10579
place of employment address or the delinquent child verifieswho	10580
is not a public registry-qualified juvenile offender registrant	10581
does not verify the current residence address with that sheriff	10582
within that seven-day period, the offender or delinquent child	10583
will be arrested or taken into custody, as appropriate, and	10584
prosecuted or subjected to a delinquent child proceeding for a	10585
failure to timely verify a current address and the delinquent	10586
child's parent, guardian, or custodian may be prosecuted for a	10587
violation of section 2919.24 of the Revised Code based on the	10588
delinquent child's failure to timely verify a current residence	10589
address.	10590

(2) If an offender or delinquent child fails to verify a	10591
current residence, school, institution of higher education, or	10592
place of employment address, as applicable, as required by	10593
divisions (A) to (C) of this section by the date required for the	10594
verification as set forth in division (B) of this section, the	10595
offender or delinquent child shall not be prosecuted or subjected	10596
to a delinquent child proceeding for a violation of division (F)	10597
of this section, and the delinquent child's parent, guardian, or	10598
custodian shall not be prosecuted for a violation of section	10599
2919.24 of the Revised Code based on the delinquent child's	10600
failure to timely verify a current residence address and, if the	10601
delinquent child is a public registry-qualified juvenile offender	10602
registrant, the current school, institution of higher education,	10603
or place of employment address, as applicable, unless the	10604
seven-day period subsequent to that date that the offender or	10605
delinquent child is provided under division (G)(1) of this section	10606
to verify the current address has expired and the offender or	10607
delinquent child, prior to the expiration of that seven-day	10608
period, has not verified the current address. Upon the expiration	10609
of the seven-day period that the offender or delinquent child is	10610
provided under division (G)(1) of this section to verify the	10611
current address, if the offender or delinquent child has not	10612
verified the current address, all of the following apply:	10613

(a) The sheriff with whom the offender or delinquent child is	10614
required to verify the current residence, school, institution of	10615
higher education, or place of employment address, as applicable,	10616
promptly shall notify the bureau of criminal identification and	10617
investigation of the failure.	10618

(b) The sheriff with whom the offender or delinquent child is	10619
required to verify the current residence, school, institution of	10620
higher education, or place of employment address, as applicable,	10621
the sheriff of the county in which the offender or delinquent	10622
child resides, the sheriff of the county in which is located the	10623
offender's or public registry-qualified juvenile offender	10624
registrant's school, institution of higher education, or place of	10625
employment address that was to be verified, or a deputy of the	10626
appropriate sheriff, shall locate the offender or delinquent	10627
child, promptly shall seek a warrant for the arrest or taking into	10628
custody, as appropriate, of the offender or delinquent child for	10629
the violation of division (F) of this section and shall arrest the	10630
offender or take the child into custody, as appropriate.	10631

(c) The offender or delinquent child is subject to	10632
prosecution or a delinquent child proceeding for the violation of	10633
division (F) of this section, and the delinquent child's parent,	10634
guardian, or custodian may be subject to prosecution for a	10635
violation of section 2919.24 of the Revised Code based on the	10636
delinquent child's violation of that division.	10637

(H) An offender or public registry-qualified juvenile	10638
offender registrant who is required to verify the offender's or	10639
public registry-qualified juvenile offender registrant's current	10640
residence, school, institution of higher education, or place of	10641
employment address pursuant to divisions (A) to (C) of this	10642
section and a delinquent child who is not a public	10643
registry-qualified juvenile offender registrant who is required to	10644
verify the delinquent child's current residence address pursuant	10645
to those divisions shall do so for the period of time specified	10646
in section 2950.07 of the Revised Code.	10647

Sec. 2950.07.  (A) The duty of an offender who is convicted	10648
of or, pleads guilty to, or has been convicted of, or has pleaded	10649
guilty to, either a sexually oriented offense that is not a	10650
registration-exempt sexually oriented offense or a child-victim	10651
oriented offense and the duty of a delinquent child who is or has	10652
been adjudicated a delinquent child for committing either a	10653
sexually oriented offense that is not a registration-exempt	10654
sexually oriented offense or a child-victim oriented offense and	10655
is classified a juvenile offender registrant or who is an	10656
out-of-state juvenile offender registrant to comply with sections	10657
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	10658
commences on whichever of the following dates is applicable:	10659

(1) If the offender's duty to register is imposed pursuant to	10660
division (A)(1)(a) of section 2950.04 or division (A)(1)(a) of	10661
section 2950.041 of the Revised Code, the offender's duty to	10662
comply with those sections commences immediately after the entry	10663
of the judgment of conviction.	10664

(2) If the delinquent child's duty to register is imposed	10665
pursuant to division (A)(1)(b) of section 2950.04 or division	10666
(A)(1)(b) of section 2950.041 of the Revised Code, the delinquent	10667
child's duty to comply with those sections commences immediately	10668
after the order of disposition.	10669

(3) If the offender's duty to register is imposed pursuant to	10670
division (A)(1)(a)(2) of section 2950.04 or division (A)(1)(a)(2)	10671
of section 2950.041 of the Revised Code, subject to division	10672
(A)(7) of this section, the offender's duty to comply with those	10673
sections commences regarding residence addresses on the date of	10674
the offender's release from a prison term, a term of imprisonment,	10675
or any other type of confinement or on July 1, 1997, for a duty	10676
under section 2950.04 or the effective date of this amendment for	10677
a duty under section 2950.041 of the Revised Code, whichever is	10678
later, and commences regarding addresses of schools, institutions	10679
of higher education, and places of employment on the date of the	10680
offender's release from a prison term, term of imprisonment, or	10681
any other type of confinement or on the effective date of this	10682
amendment, whichever is later.	10683

(2) If the offender's duty to register is imposed pursuant to	10684
division (A)(1)(b) of section 2950.04 or division (A)(1)(b) of	10685
section 2950.041 of the Revised Code, the offender's duty to	10686
comply with those sections commences regarding residence	10687
addresses, or if the offender is not sentenced to a prison term, a	10688
term of imprisonment, or any other type of confinement, on the	10689
date of the entry of the judgment of conviction of the sexually	10690
oriented offense or child-victim oriented offense or on July 1,	10691
1997, for a duty under section 2950.04 or the effective date of	10692
this amendment for a duty under section 2950.041 of the Revised	10693
Code, whichever is later, and commences regarding addresses of	10694
schools, institutions of higher education, and places of	10695
employment on the date of entry of the judgment of conviction of	10696
the sexually oriented offense or child-victim oriented offense or	10697
on the effective date of this amendment, whichever is later.	10698

(3) If the offender's duty to register is imposed pursuant to	10699
division (A)(1)(c) of section 2950.04 of the Revised Code, the	10700
offender's duty to comply with those sections commences regarding	10701
residence addresses fourteen days after July 1, 1997, and	10702
commences regarding addresses of schools, institutions of higher	10703
education, and places of employment fourteen days after the	10704
effective date of this amendment.	10705

(4) If the offender's or delinquent child's duty to register	10706
is imposed pursuant to division (A)(3)(a) or (b)(4) of section	10707
2950.04 or division (A)(3)(a) or (b)(4) of section 2950.041 of the	10708
Revised Code, the offender's duty to comply with those sections	10709
commences regarding residence addresses on the date that the	10710
offender begins to reside or becomes temporarily domiciled in this	10711
state or on March 30, 1999, for a duty under section 2950.04 of	10712
the Revised Code or the effective date of this amendment for a	10713
duty under section 2950.041 of the Revised Code, whichever is	10714
later, the offender's duty regarding addresses of schools,	10715
institutions of higher education, and places of employment	10716
commences on the effective date of this amendment or on the date	10717
the offender begins attending any school or institution of higher	10718
education in this state on a full-time or part-time basis or	10719
becomes employed in this state, whichever is later, and the	10720
delinquent child's duty commences on the date the delinquent child	10721
begins to reside or becomes temporarily domiciled in this state or	10722
on January 1, 2002, for a duty under section 2950.04 of the	10723
Revised Code or the effective date of this amendment for a duty	10724
under section 2950.041 of the Revised Code, whichever is later.	10725

(5) If the delinquent child's duty to register is imposed	10726
pursuant to division (A)(2)(3) of section 2950.04 or division	10727
(A)(2)(a)(3) of section 2950.041 of the Revised Code, if the	10728
delinquent child's classification as a juvenile offender	10729
registrant is made at the time of the child's disposition for that	10730
sexually oriented offense or child-victim oriented offense,	10731
whichever is applicable, and if the delinquent child is committed	10732
for the sexually oriented offense or child-victim oriented offense	10733
to the department of youth services or to a secure facility that	10734
is not operated by the department, the delinquent child's duty to	10735
comply with those sections commences on the date of the delinquent	10736
child's discharge or release from custody in the department of	10737
youth services secure facility or from the secure facility not	10738
operated by the department as described in that division.	10739

(6) If the delinquent child's duty to register is imposed	10740
pursuant to division (A)(2)(3) of section 2950.04 or division	10741
(A)(2)(a)(3) of section 2950.041 of the Revised Code and if either	10742
the delinquent child's classification as a juvenile offender	10743
registrant is made at the time of the child's disposition for that	10744
sexually oriented offense or child-victim oriented offense,	10745
whichever is applicable, and the delinquent child is not committed	10746
for the sexually oriented offense or child-victim oriented offense	10747
to the department of youth services or to a secure facility that	10748
is not operated by the department or the child's classification as	10749
a juvenile offender registrant is made pursuant to sections	10750
section 2152.83 or division (A)(2) of section 2152.86 of the	10751
Revised Code, subject to divisions (A)(7) of this section, the	10752
delinquent child's duty to comply with those sections commences on	10753
the date of entry of the court's order that classifies the	10754
delinquent child a juvenile offender registrant.	10755

(7) If the offender's or delinquent child's duty to register	10756
is imposed pursuant to division (A)(2), (3), or (4) of section	10757
2950.04 or section 2950.041 of the Revised Code and if the	10758
offender or delinquent child prior to January 1, 2008, has	10759
registered a residence, school, institution of higher education,	10760
or place of employment address pursuant to section 2950.04,	10761
2950.041, or 2950.05 of the Revised Code as they existed prior to	10762
that date, the offender or delinquent child initially shall	10763
register in accordance with section 2950.04 or 2950.041 of the	10764
Revised Code, whichever is applicable, as it exists on and after	10765
January 1, 2008, not later than the earlier of the dates	10766
specified in divisions (A)(7)(a) and (b) of this section. The	10767
offender's or delinquent child's duty to comply thereafter with	10768
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	10769
Code as they exist on and after January 1, 2008, commences on the	10770
date of that initial registration. The offender or delinquent	10771
child initially shall register under section 2950.04 or 2950.041	10772
of the Revised Code as it exists on and after January 1, 2008,	10773
not later than the earlier of the following:	10774

(a) The date that is six months after the date on which the	10775
offender or delinquent child received a registered letter from the	10776
attorney general under division (A)(2) or (B) of section 2950.031	10777
of the Revised Code;	10778

(b) The earlier of the date on which the offender or	10779
delinquent child would be required to verify a previously	10780
registered address under section 2950.06 of the Revised Code as it	10781
exists on and after January 1, 2008, or, if the offender or	10782
delinquent child has changed a previously registered address, the	10783
date on which the offender or delinquent child would be required	10784
to register a new residence, school, institution of higher	10785
education, or place of employment address under section 2950.05 of	10786
the Revised Code as it exists on and after January 1, 2008.	10787

(8) If the offender's or delinquent child's duty to register	10788
iswas imposed pursuant to division (A)(1)(c) of section 2950.04	10789
or 2950.041 of the Revised Code as they existed prior to January	10790
1, 2008, the offender's or delinquent child's duty to comply with	10791
those sections regarding residence addressessections 2950.04,	10792
2950.041, 2950.05, and 2950.06 of the Revised Code as they exist	10793
on and after January 1, 2008, is a continuation of the offender's	10794
or delinquent child's former duty to register regarding residence	10795
addresses imposed prior to the effective date of this amendment	10796
January 1, 2008, under section 2950.04 or 2950.041 of the Revised	10797
Code and shall be considered for all purposes as having commenced	10798
on the date that the offender's former duty under that section	10799
commenced. The offender's duty to comply with those sections	10800
commences regarding addresses of schools, institutions of higher	10801
education, and places of employment on the effective date of this	10802
amendment.	10803

(8) If the delinquent child's duty to register is imposed	10804
pursuant to division (A)(2)(b) of section 2950.041 of the Revised	10805
Code, the delinquent child's duty to comply with those sections is	10806
a continuation of the delinquent child's former duty to register	10807
imposed prior to the effective date of this amendment under	10808
section 2950.04 of the Revised Code and shall be considered for	10809
all purposes as having commenced on the date that the delinquent	10810
child's former duty under that section commenced or commences.	10811

(B) The duty of an offender who is convicted of or, pleads	10812
guilty to, or has been convicted of, or has pleaded guilty to,	10813
either a sexually oriented offense that is not a	10814
registration-exempt sexually oriented offense or a child-victim	10815
oriented offense and the duty of a delinquent child who is or has	10816
been adjudicated a delinquent child for committing either a	10817
sexually oriented offense that is not a registration-exempt	10818
sexually oriented offense or a child-victim oriented offense and	10819
is classified a juvenile offender registrant or who is an	10820
out-of-state juvenile offender registrant to comply with sections	10821
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	10822
continues, after the date of commencement, for whichever of the	10823
following periods is applicable:	10824

(1) Except as otherwise provided in this division, if the	10825
offense is a sexually oriented offense that is not a	10826
registration-exempt sexually oriented offense and theperson is an	10827
offender or delinquent child has been adjudicated a sexual	10828
predatorwho is a tier III sex offender/child-victim offender	10829
relative to the sexually oriented offense or child-victim oriented	10830
offense, if the person is a delinquent child who is a tier III sex	10831
offender/child-victim offender relative to the sexually oriented	10832
offense or child-victim oriented offense, or if the person is a	10833
delinquent child who is a public registry-qualified juvenile	10834
offender registrant relative to the sexually oriented offense, if	10835
the offense is a sexually oriented offense and the offender has	10836
the duty to register as a result of an aggravated sexually	10837
oriented offense, or if the offense is a child-victim oriented	10838
offense and the offender or delinquent child has been adjudicated	10839
a child-victim predator relative to the child-victim oriented	10840
offense, the offender's or delinquent child's duty to comply with	10841
those sections continues until the offender's or delinquent	10842
child's death. Regarding a delinquent child who has been	10843
adjudicated a sexual predator relative to the sexually oriented	10844
offense or who has been adjudicated a child-victim predator	10845
relative to the child-victim oriented offensewho is a tier III	10846
sex offender/child-victim offender relative to the offense but is	10847
not a public registry-qualified juvenile offender registrant	10848
relative to the offense, if the judge who made the disposition for	10849
the delinquent child or that judge's successor in office	10850
subsequently enters a determination pursuant to section 2152.84 or	10851
2152.85 of the Revised Code that the delinquent child no longer	10852
is a sexual predator or child-victim predatortier III sex	10853
offender/child-victim offender, the delinquent child's duty to	10854
comply with those sections continues for the period of time that	10855
otherwise would have beenis applicable to the delinquent child	10856
under division (B)(2) or (3) of this section, based on the	10857
reclassification of the child pursuant to section 2152.84 or	10858
21562.85 of the Revised Code as a tier I sex offender/child-victim	10859
offender or a tier II sex offender/child-victim offender. In no	10860
case shall the lifetime duty to comply that is imposed under this	10861
division on an offender who is adjudicated a sexual predator or is	10862
adjudicated a child-victim predator or is imposed under this	10863
division for an aggravated sexually oriented offense, or the	10864
adjudication, classification, or conviction that subjects the	10865
offender to this division,a tier III sex offender/child-victim	10866
offender be removed or terminated. A delinquent child who is a	10867
public registry-qualified juvenile offender registrant may have	10868
the lifetime duty to register terminated only pursuant to section	10869
2950.15 of the Revised Code.	10870

(2) If the judge who sentenced the offender or made the	10871
disposition for the delinquent child for committing the sexually	10872
oriented offense that is not a registration-exempt sexually	10873
oriented offense or the child-victim oriented offense, or the	10874
successor in office of the juvenile court judge who made the	10875
delinquent child disposition, determined pursuant to division (E)	10876
of section 2950.09 or 2950.091 or pursuant to division (B) of	10877
section 2152.83, section 2152.84, or section 2152.85 of the	10878
Revised Code that theperson is an offender or delinquent child	10879
who is a habitual sex offender or a habitual child-victim	10880
offender, or if the offender or delinquent child is automatically	10881
classified a habitual child-victim offender pursuant to division	10882
(E) of section 2950.091 of the Revised Codetier II sex	10883
offender/child-victim offender relative to the sexually oriented	10884
offense or child-victim oriented offense, the offender's duty to	10885
comply with those sections continues either until the offender's	10886
death or for twenty years, determined as provided in this	10887
division, and the delinquent child's duty to comply with those	10888
sections continues for twentytwenty-five years. IfExcept as	10889
otherwise provided in this division, if the person is a delinquent	10890
child who is a tier II sex offender/child-victim offender relative	10891
to the sexually oriented offense or child-victim oriented offense,	10892
the delinquent child's duty to comply with those sections	10893
continues for twenty years. Regarding a delinquent child is so	10894
determined or classified to be a habitual sex offender or a	10895
habitual child-victim offender andwho is a tier II sex	10896
offender/child-victim offender relative to the offense but is not	10897
a public registry-qualified juvenile offender registrant relative	10898
to the offense, if the judge who made the disposition for the	10899
delinquent child or that judge's successor in office subsequently	10900
enters a determination pursuant to section 2152.84 or 2152.85 of	10901
the Revised Code that the delinquent child no longer is a habitual	10902
sex offender or habitual child-victim offendertier II sex	10903
offender/child-victim offender but remains a juvenile offender	10904
registrant, the delinquent child's duty to comply with those	10905
sections continues for the period of time that otherwise would	10906
have beenis applicable to the delinquent child under division	10907
(B)(3) of this section, based on the reclassification of the child	10908
pursuant to section 2152.84 or 2152.85 of the Revised Code as a	10909
tier I sex offender/child-victim offender. Except as otherwise	10910
provided in this division, the offender's duty to comply with	10911
those sections continues until the offender's death. If a lifetime	10912
duty to comply is imposed under this division on an offender, in	10913
no case shall that lifetime duty, or the determination that	10914
subjects the offender to this division, be removed or terminated.	10915
The offender's duty to comply with those sections continues for	10916
twenty years if the offender is a habitual sex offender and both	10917
of the following apply:	10918

(a) At least one of the sexually oriented offenses of which	10919
the offender has been convicted or to which the offender has	10920
pleaded guilty and that are included in the habitual sex offender	10921
determination is a violation of division (A)(1) or (5) of section	10922
2907.06 of the Revised Code involving a victim who is eighteen	10923
years of age or older, a violation of division (A), (B), or (E) of	10924
section 2907.08 of the Revised Code involving a victim who is	10925
eighteen years of age or older, or a violation of section 2903.211	10926
of the Revised Code that is a misdemeanor;	10927

(b) The total of all the sexually oriented offenses of which	10928
the offender has been convicted or to which the offender has	10929
pleaded guilty and that are included in the habitual sex offender	10930
determination does not include at least two sexually oriented	10931
offenses that are not described in division (B)(2)(a) of this	10932
section.	10933

(3) If neither division (B)(1) nor (B)(2) of this section	10934
appliesExcept as otherwise provided in this division, if the	10935
person is an offender who is a tier I sex offender/child-victim	10936
offender relative to the sexually oriented offense or child-victim	10937
oriented offense, the offender's or delinquent child's duty to	10938
comply with those sections continues for tenfifteen years. If	10939
Except as otherwise provided in this division, if the person is a	10940
delinquent child who is a tier I sex offender/child-victim	10941
offender relative to the sexually oriented offense or child-victim	10942
oriented offense, the delinquent child's duty to comply with those	10943
sections continues for ten years. Regarding a delinquent child who	10944
is classified pursuant to section 2152.82 or 2152.83 of the	10945
Revised Code a juvenile offender registrant and a tier I sex	10946
offender/child-victim offender but is not a public	10947
registry-qualified juvenile offender registrant, if the judge who	10948
made the disposition for the delinquent child or that judge's	10949
successor in office subsequently enters a determination pursuant	10950
to section 2152.84 or 2152.85 of the Revised Code that the	10951
delinquent child no longer is to be classified a juvenile offender	10952
registrant, the delinquent child's duty to comply with those	10953
sections terminates upon the court's entry of the determination. A	10954
person who is an offender who is a tier I	10955
sex/offender/child-victim offender may have the fifteen-year duty	10956
to register terminated only pursuant to section 2950.15 of the	10957
Revised Code.	10958

(C)(1) If an offender has been convicted of or pleaded guilty	10959
to a sexually oriented offense that is not a registration-exempt	10960
sexually oriented offense and the offender subsequently is	10961
convicted of or pleads guilty to another sexually oriented offense	10962
or a child-victim oriented offense, if an offender has been	10963
convicted of or pleaded guilty to a child-victim oriented offense	10964
and the offender subsequently is convicted of or pleads guilty to	10965
another child-victim oriented offense or a sexually oriented	10966
offense, if a delinquent child has been adjudicated a delinquent	10967
child for committing a sexually oriented offense that is not a	10968
registration-exempt sexually oriented offense and is classified a	10969
juvenile offender registrant or is an out-of-state juvenile	10970
offender registrant and the child subsequently is adjudicated a	10971
delinquent child for committing another sexually oriented offense	10972
or a child-victim oriented offense and is classified a juvenile	10973
offender registrant relative to that offense or subsequently is	10974
convicted of or pleads guilty to another sexually oriented offense	10975
or a child-victim oriented offense, or if a delinquent child has	10976
been adjudicated a delinquent child for committing a child-victim	10977
oriented offense and is classified a juvenile offender registrant	10978
or is an out-of-state juvenile offender registrant and the child	10979
subsequently is adjudicated a delinquent child for committing	10980
another child-victim oriented offense or a sexually oriented	10981
offense and is classified a juvenile offender registrant relative	10982
to that offense or subsequently is convicted of or pleads guilty	10983
to another child-victim oriented offense or a sexually oriented	10984
offense, the period of time for which the offender or delinquent	10985
child must comply with the sections specified in division (A) of	10986
this section shall be separately calculated pursuant to divisions	10987
(A)(1) to (8) and (B)(1) to (3) of this section for each of the	10988
sexually oriented offenses and child-victim oriented offenses, and	10989
the offender or delinquent child shall comply with each separately	10990
calculated periodsperiod of time shall be complied with	10991
independently.	10992

If a delinquent child has been adjudicated a delinquent child	10993
for committing either a sexually oriented offense that is not a	10994
registration-exempt sexually oriented offense or a child-victim	10995
oriented offense, is classified a juvenile offender registrant or	10996
is an out-of-state juvenile offender registrant relative to the	10997
that offense, and, after attaining eighteen years of age,	10998
subsequently is convicted of or pleads guilty to another sexually	10999
oriented offense or child-victim oriented offense, the subsequent	11000
conviction or guilty plea does not limit, affect, or supersede the	11001
duties imposed upon the delinquent child under this chapter	11002
relative to the delinquent child's classification as a juvenile	11003
offender registrant or as an out-of-state juvenile offender	11004
registrant, and the delinquent child shall comply with both those	11005
duties and the duties imposed under this chapter relative to the	11006
subsequent conviction or guilty plea.	11007

(2) If a delinquent child has been adjudicated a delinquent	11008
child for committing on or after January 1, 2002, either a	11009
sexually oriented offense that is not a registration-exempt	11010
sexually oriented offense or a child-victim oriented offense and	11011
is classified a juvenile offender registrant relative to the	11012
offense, if the order containing the classification also contains	11013
a determination by the juvenile judge that the child is a sexual	11014
predator or a habitual sex offender or that the child is a	11015
child-victim predator or a habitual child-victim offender, and if	11016
the juvenile judge or the judge's successor in office subsequently	11017
determinesreclassifies the offense tier in which the child is	11018
classified pursuant to section 2152.84 or 2152.85 of the Revised	11019
Code that the delinquent child no longer is a sexual predator or	11020
habitual sex offender or no longer is a child-victim predator or	11021
habitual child-victim offender, whichever is applicable, the	11022
judge's subsequent determination to reclassify the child does not	11023
affect the date of commencement of the delinquent child's duty to	11024
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	11025
the Revised Code as determined under division (A) of this section.	11026
The child's duty to comply with those sections after the	11027
reclassification is a continuation of the child's duty to comply	11028
with the sections that was in effect prior to the	11029
reclassification, and the duty shall continue for the period of	11030
time specified in division (B)(1), (2), or (3) of this section,	11031
whichever is applicable.	11032

If, prior to January 1, 2008, an offender had a duty to	11033
comply with the sections specified in division (A) of this section	11034
as a result of a conviction of or plea of guilty to a sexually	11035
oriented offense or child-victim oriented offense as those terms	11036
were defined in section 2950.01 of the Revised Code prior to	11037
January 1, 2008, or a delinquent child had a duty to comply with	11038
those sections as a result of an adjudication as a delinquent	11039
child for committing one of those offenses as they were defined	11040
prior to January 1, 2008, the period of time specified in division	11041
(B)(1), (2), or (3) of this section on and after January 1, 2008,	11042
for which a person must comply with sections 2950.04, 2950.041,	11043
2950.05, and 2950.06 of the Revised Code applies to the person,	11044
automatically replaces the period of time for which the person had	11045
to comply with those sections prior to January 1, 2008, and is a	11046
continuation of the person's duty to comply with the sections that	11047
was in effect prior to the reclassification. If, prior to January	11048
1, 2008, an offender or a delinquent child had a duty to comply	11049
with the sections specified in division (A) of this section, the	11050
offender's or delinquent child's classification as a tier I sex	11051
offender/child-victim offender, a tier II sex	11052
offender/child-victim offender, or a tier III sex	11053
offender/child-victim offender for purposes of that period of time	11054
shall be determined as specified in section 2950.031 or 2950.032	11055
of the Revised Code, as applicable.	11056

(D) The duty of an offender or delinquent child to register	11057
under this chapter is tolled for any period during which the	11058
offender or delinquent child is returned to confinement in a	11059
secure facility for any reason or imprisoned for an offense when	11060
the confinement in a secure facility or imprisonment occurs	11061
subsequent to the date determined pursuant to division (A) of this	11062
section. The offender's or delinquent child's duty to register	11063
under this chapter resumes upon the offender's or delinquent	11064
child's release from confinement in a secure facility or	11065
imprisonment.	11066

(E) An offender or delinquent child who has been or is	11067
convicted or, has pleaded or pleads guilty, or has been or is	11068
adjudicated a delinquent child, in a court in another state, in a	11069
federal court, military court, or Indian tribal court, or in a	11070
court of any nation other than the United States for committing	11071
either a sexually oriented offense that is not a	11072
registration-exempt sexually oriented offense or a child-victim	11073
oriented offense may apply to the sheriff of the county in which	11074
the offender or delinquent child resides or temporarily is	11075
domiciled, or in which the offender attends a school or	11076
institution of higher education or is employed, for credit against	11077
the duty to register for the time that the offender or delinquent	11078
child has complied with the sex offender or child-victim offender	11079
registration requirements of another jurisdiction. The sheriff	11080
shall grant the offender or delinquent child credit against the	11081
duty to register for time for which the offender or delinquent	11082
child provides adequate proof that the offender or delinquent	11083
child has complied with the sex offender or child-victim offender	11084
registration requirements of another jurisdiction. If the offender	11085
or delinquent child disagrees with the determination of the	11086
sheriff, the offender or delinquent child may appeal the	11087
determination to the court of common pleas of the county in which	11088
the offender or delinquent child resides or is temporarily	11089
domiciled, or in which the offender attends a school or	11090
institution of higher education or is employed.	11091

Sec. 2950.08.  (A) Subject to division (B) of this section,	11092
the statements, information, photographs, and fingerprints, and	11093
material required by sections 2950.04, 2950.041, 2950.05, and	11094
2950.06 of the Revised Code and provided by a person who	11095
registers, who provides notice of a change of residence, school,	11096
institution of higher education, or place of employment address	11097
and registers the new residence, school, institution of higher	11098
education, or place of employment address, or who provides	11099
verification of a current residence, school, institution of higher	11100
education, or place of employment address pursuant to those	11101
sections and that are in the possession of the bureau of criminal	11102
identification and investigation and the information in the	11103
possession of the bureau that was received by the bureau pursuant	11104
to section 2950.14 of the Revised Code shall not be open to	11105
inspection by the public or by any person other than the following	11106
persons:	11107

(1) A regularly employed peace officer or other law	11108
enforcement officer;	11109

(2) An authorized employee of the bureau of criminal	11110
identification and investigation for the purpose of providing	11111
information to a board, administrator, or person pursuant to	11112
division (F) or (G) of section 109.57 of the Revised Code;	11113

(3) The registrar of motor vehicles, or an employee of the	11114
registrar of motor vehicles, for the purpose of verifying and	11115
updating any of the information so provided, upon the request of	11116
the bureau of criminal identification and investigation.	11117

(B) Division (A) of this section does not apply to any	11118
information that is contained in the internet sex offender and	11119
child-victim offender database established by the attorney general	11120
under division (A)(11) of section 2950.13 of the Revised Code	11121
regarding offenders and that is disseminated as described in that	11122
division.	11123

Sec. 2950.081. (A) Any statements, information, photographs,	11124
or fingerprints, or materials that are required to be provided,	11125
and that are provided, by an offender or delinquent child pursuant	11126
to section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	11127
Code and that are in the possession of a county sheriff are public	11128
records open to public inspection under section 149.43 of the	11129
Revised Code and shall be included in the internet sex offender	11130
and child-victim offender database established and maintained	11131
under section 2950.13 of the Revised Code to the extent provided	11132
in that section.	11133

(B) Except when the child is classified a public	11134
registry-qualified juvenile offender registrant and the act that	11135
is the basis of the classification is a violation of, or an	11136
attempt to commit a violation of, section 2903.01, 2903.02, or	11137
2905.01 of the Revised Code that was committed with a purpose to	11138
gratify the sexual needs or desires of the child, a violation of	11139
section 2907.02 of the Revised Code, or an attempt to commit a	11140
violation of that section, the sheriff shall not cause to be	11141
publicly disseminated by means of the internet any statements,	11142
information, photographs, or fingerprints, or materials that are	11143
provided by a juvenile offender registrantdelinquent child who	11144
sends a notice of intent to reside, registers, provides notice of	11145
a change of residence address and registers the new residence	11146
address, or provides verification of a current residence address	11147
pursuant to this chapter and that are in the possession of a	11148
county sheriff.	11149

(C) If a sheriff establishes on the internet a sex offender	11150
and child-victim offender database for the public dissemination of	11151
some or all of the materials that are described in division (A) of	11152
this section, that are not prohibited from inclusion by division	11153
(B) of this section, and that pertain to offenders or delinquent	11154
children who register in the sheriff's county, in addition to all	11155
of the other information and materials included, the sheriff shall	11156
include in the database a chart describing which sexually oriented	11157
offenses and child-victim oriented offenses are included in the	11158
definitions of tier I sex offender/child-victim offender, tier II	11159
sex offender/child-victim offender, and tier III sex	11160
offender/child-victim offender and for each offender or	11161
delinquent child in relation to whom information and materials are	11162
provided a statement as to whether the offender or delinquent	11163
child is a tier I sex offender/child-victim offenders, a tier II	11164
sex offender/child-victim offenders, or a tier III sex	11165
offender/child-victim offenders.	11166

Sec. 2950.10.  (A)(1) IfRegardless of when the sexually	11167
oriented offense or child-victim oriented offense was committed,	11168
if a person is convicted of or, pleads guilty to, or has been	11169
convicted of, or has pleaded guilty to, either a sexually oriented	11170
offense that is not a registration-exempt sexually oriented	11171
offense or a child-victim oriented offense or a person is or has	11172
been adjudicated a delinquent child for committing either a	11173
sexually oriented offense that is not a registration-exempt	11174
sexually oriented offense or a child-victim oriented offense and	11175
is classified a juvenile offender registrant or is an out-of-state	11176
juvenile offender registrant based on that adjudication, if the	11177
offender or delinquent child is in any category specified in	11178
division (B)(1)(a), (b), or (c) of this section, if the offender	11179
or delinquent child registers with a sheriff pursuant to section	11180
2950.04, 2950.041, or 2950.05 of the Revised Code, and if the	11181
victim of the sexually oriented offense or child-victim oriented	11182
offense has made a request in accordance with rules adopted by the	11183
attorney general that specifies that the victim would like to be	11184
provided the notices described in this section, the sheriff shall	11185
notify the victim of the sexually oriented offense or child-victim	11186
oriented offense, in writing, that the offender or delinquent	11187
child has registered and shall include in the notice the	11188
offender's name and photograph, and the address or addresses of	11189
the offender's residence, school, institution of higher education,	11190
or place of employment, as applicable, or the delinquent child's	11191
name, photograph, and residence address or addresses. The sheriff	11192
shall provide the notice required by this division to the victim	11193
at the most recent residence address available for that victim,	11194
and not later than five days after the offender or delinquent	11195
child registers with the sheriff.	11196

(2) IfRegardless of when the sexually oriented offense or	11197
child-victim oriented offense was committed, if a person is	11198
convicted of or, pleads guilty to, or has been convicted of, or	11199
has pleaded guilty to, either a sexually oriented offense that is	11200
not a registration-exempt sexually oriented offense or a	11201
child-victim oriented offense or a person is or has been	11202
adjudicated a delinquent child for committing either a sexually	11203
oriented offense that is not a registration-exempt sexually	11204
oriented offense or a child-victim oriented offense and is	11205
classified a juvenile offender registrant or is an out-of-state	11206
juvenile offender registrant based on that adjudication, if the	11207
offender or delinquent child is in any category specified in	11208
division (B)(1)(a), (b), or (c) of this section, if the offender	11209
or delinquent child registers with a sheriff pursuant to section	11210
2950.04, 2950.041, or 2950.05 of the Revised Code, if the victim	11211
of the sexually oriented offense or child-victim oriented offense	11212
has made a request in accordance with rules adopted by the	11213
attorney general that specifies that the victim would like to be	11214
provided the notices described in this section, and if the	11215
offender notifies the sheriff of a change of residence, school,	11216
institution of higher education, or place of employment address or	11217
the delinquent child notifies the sheriff of a change of residence	11218
address pursuant to section 2950.05 of the Revised Code, the	11219
sheriff shall notify the victim of the sexually oriented offense	11220
or child-victim oriented offense, in writing, that the offender's	11221
or delinquent child's address has changed and shall include in	11222
the notice the offender's name and photograph, and the new	11223
address or addresses of the offender's residence, school,	11224
institution of higher education, or place of employment, as	11225
applicable, or the delinquent child's name, photograph, and new	11226
residence address or addresses. The sheriff shall provide the	11227
notice required by this division to the victim at the most recent	11228
residence address available for that victim,and no later than	11229
five days after the offender or delinquent child notifies the	11230
sheriff of the change in the offender's or delinquent child's	11231
residence, school, institution of higher education, or place of	11232
employment address.	11233

(3) IfRegardless of when the sexually oriented offense or	11234
child-victim oriented offense was committed, if a person is	11235
convicted of or, pleads guilty to, or has been convicted of, or	11236
has pleaded guilty to, either a sexually oriented offense that is	11237
not a registration-exempt sexually oriented offense or a	11238
child-victim oriented offense or a person is or has been	11239
adjudicated a delinquent child for committing either a sexually	11240
oriented offense that is not a registration-exempt sexually	11241
oriented offense or a child-victim oriented offense and is	11242
classified a juvenile offender registrant or is an out-of-state	11243
juvenile offender registrant based on that adjudication, and if	11244
the offender or delinquent child is in any category specified in	11245
division (B)(1)(a), (b), or (c) of this section, the victim of the	11246
offense may make a request in accordance with rules adopted by the	11247
attorney general pursuant to section 2950.13 of the Revised Code	11248
that specifies that the victim would like to be provided the	11249
notices described in divisions (A)(1) and (2) of this section. If	11250
the victim makes a request in accordance with those rules, the	11251
sheriff described in divisions (A)(1) and (2) of this section	11252
shall provide the victim with the notices described in those	11253
divisions.	11254

(4) If a victim makes a request as described in division	11255
(A)(3) of this section that specifies that the victim would like	11256
to be provided the notices described in divisions (A)(1) and (2)	11257
of this section, all information a sheriff obtains regarding the	11258
victim from or as a result of the request is confidential, and the	11259
information is not a public record open for inspection under	11260
section 149.43 of the Revised Code.	11261

(5) The notices described in divisions (A)(1) and (2) of this	11262
section are in addition to any notices regarding the offender or	11263
delinquent child that the victim is entitled to receive under	11264
Chapter 2930. of the Revised Code.	11265

(B)(1) The duties to provide the notices described in	11266
divisions (A)(1) and (2) of this section apply regarding any	11267
offender or delinquent child who is in any of the following	11268
categories, if the other criteria set forth in division (A)(1) or	11269
(2) of this section, whichever is applicable, are satisfied:	11270

(a) The offender or delinquent child has been adjudicated a	11271
sexual predator relative to the sexually oriented offense for	11272
which the offender or delinquent child has the duty to register	11273
under section 2950.04 of the Revised Code or has been adjudicated	11274
a child-victim predator relative to the child-victim oriented	11275
offense for which the offender or child has the duty to register	11276
under section 2950.041 of the Revised Code, and the court has not	11277
subsequently determined pursuant to section 2152.84 or 2152.85 of	11278
the Revised Code regarding a delinquent child that the delinquent	11279
child no longer is a sexual predator or no longer is a	11280
child-victim predator, whichever is applicable.	11281

(b) The offender or delinquent child has been determined	11282
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	11283
division (B) of section 2152.83, section 2152.84, or section	11284
2152.85 of the Revised Code to be a habitual sex offender or a	11285
habitual child-victim offender, the court has imposed a	11286
requirement under that division or section subjecting the habitual	11287
sex offender or habitual child-victim offender to this section,	11288
and the determination has not been removed pursuant to section	11289
2152.84 or 2152.85 of the Revised Code regarding a delinquent	11290
child.	11291

(c) The sexually oriented offense for which the offender has	11292
the duty to register under section 2950.04 of the Revised Code is	11293
an aggravated sexually oriented offense, regardless of whether the	11294
offender has been adjudicated a sexual predator relative to the	11295
offense or has been determined to be a habitual sex offender and,	11296
if the offender has been so determined to be a habitual sex	11297
offender, regardless of whether the habitual sex offender	11298
determination has not been removed as described in division	11299
(A)(1)(b) of this sectionis a tier III sex offender/child-victim	11300
offender relative to the offense described in division (A) of this	11301
section for which a victim requested to be provided notice under	11302
that division, or the delinquent child is a public	11303
registry-qualified juvenile offender registrant, and a juvenile	11304
court has not removed pursuant to section 2950.15 of the Revised	11305
Code the delinquent child's duty to comply with sections 2950.04,	11306
2950.041, 2950.05, and 2950.06 of the Revised Code.	11307

(b) The delinquent child is a tier III sex	11308
offender/child-victim offender who is not a public-registry	11309
qualified juvenile offender registrant, the delinquent child was	11310
subjected to this section prior to the effective date of this	11311
amendment as a sexual predator, habitual sex offender,	11312
child-victim predator, or habitual child-victim offender, as those	11313
terms were defined in section 2950.01 of the Revised Code as it	11314
existed prior to the effective date of this amendment, and a	11315
juvenile court has not removed pursuant to section 2152.84 or	11316
2152.85 of the Revised Code the delinquent child's duty to comply	11317
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11318
Revised Code.	11319

(c) The delinquent child is a tier III sex	11320
offender/child-victim offender who is not a public	11321
registry-qualified juvenile offender registrant, the delinquent	11322
child was classified a juvenile offender registrant on or after	11323
the effective date of this amendment, the court has imposed a	11324
requirement under section 2152.82, 2152.83, or 2152.84 of the	11325
Revised Code subjecting the delinquent child to this section, and	11326
a juvenile court has not removed pursuant to section 2152.84 or	11327
2152.85 of the Revised Code the delinquent child's duty to comply	11328
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11329
Revised Code.	11330

(2) A victim of a sexually oriented offense that is not a	11331
registration-exempt sexually oriented offense or of a child-victim	11332
oriented offense is not entitled to be provided any notice	11333
described in division (A)(1) or (2) of this section unless the	11334
offender or delinquent child is in a category specified in	11335
division (B)(1)(a), (b), or (c) of this section. A victim of a	11336
sexually oriented offense that is not a registration-exempt	11337
sexually oriented offense or of a child-victim oriented offense is	11338
not entitled to any notice described in division (A)(1) or (2) of	11339
this section unless the victim makes a request in accordance with	11340
rules adopted by the attorney general pursuant to section 2950.13	11341
of the Revised Code that specifies that the victim would like to	11342
be provided the notices described in divisions (A)(1) and (2) of	11343
this section. This division does not affect any rights of a victim	11344
of a sexually oriented offense or child-victim oriented offense to	11345
be provided notice regarding an offender or delinquent child that	11346
are described in Chapter 2930. of the Revised Code.	11347

Sec. 2950.11.  (A) As used in this section, "specified	11348
geographical notification area" means the geographic area or areas	11349
within which the attorney general, by rule adopted under section	11350
2950.13 of the Revised Code, requires the notice described in	11351
division (B) of this section to be given to the persons identified	11352
in divisions (A)(2) to (8) of this section. IfRegardless of when	11353
the sexually oriented offense or child-victim oriented offense was	11354
committed, if a person is convicted of or, pleads guilty to, or	11355
has been convicted of, or has pleaded guilty to, either a sexually	11356
oriented offense that is not a registration-exempt sexually	11357
oriented offense or a child-victim oriented offense, or a person	11358
is or has been adjudicated a delinquent child for committing	11359
either a sexually oriented offense that is not a	11360
registration-exempt sexually oriented offense or a child-victim	11361
oriented offense and is classified a juvenile offender registrant	11362
or is an out-of-state juvenile offender registrant based on that	11363
adjudication, and if the offender or delinquent child is in any	11364
category specified in division (F)(1)(a), (b), or (c) of this	11365
section, the sheriff with whom the offender or delinquent child	11366
has most recently registered under section 2950.04, 2950.041, or	11367
2950.05 of the Revised Code and the sheriff to whom the offender	11368
or delinquent child most recently sent a notice of intent to	11369
reside under section 2950.04 or 2950.041 of the Revised Code,	11370
within the period of time specified in division (C) of this	11371
section, shall provide a written notice containing the information	11372
set forth in division (B) of this section to all of the persons	11373
described in divisions (A)(1) to (9)(10) of this section. If the	11374
sheriff has sent a notice to the persons described in those	11375
divisions as a result of receiving a notice of intent to reside	11376
and if the offender or delinquent child registers a residence	11377
address that is the same residence address described in the notice	11378
of intent to reside, the sheriff is not required to send an	11379
additional notice when the offender or delinquent child registers.	11380
The sheriff shall provide the notice to all of the following	11381
persons:	11382

(1)(a) Any occupant of each residential unit that is located	11383
within one thousand feet of the offender's or delinquent child's	11384
residential premises, that is located within the county served by	11385
the sheriff, and that is not located in a multi-unit building.	11386
Division (D)(3) of this section applies regarding notices required	11387
under this division.	11388

(b) If the offender or delinquent child resides in a	11389
multi-unit building, any occupant of each residential unit that is	11390
located in that multi-unit building and that shares a common	11391
hallway with the offender or delinquent child. For purposes of	11392
this division, an occupant's unit shares a common hallway with the	11393
offender or delinquent child if the entrance door into the	11394
occupant's unit is located on the same floor and opens into the	11395
same hallway as the entrance door to the unit the offender or	11396
delinquent child occupies. Division (D)(3) of this section applies	11397
regarding notices required under this division.	11398

(c) The building manager, or the person the building owner or	11399
condominium unit owners association authorizes to exercise	11400
management and control, of each multi-unit building that is	11401
located within one thousand feet of the offender's or delinquent	11402
child's residential premises, including a multi-unit building in	11403
which the offender or delinquent child resides, and that is	11404
located within the county served by the sheriff. In addition to	11405
notifying the building manager or the person authorized to	11406
exercise management and control in the multi-unit building under	11407
this division, the sheriff shall post a copy of the notice	11408
prominently in each common entryway in the building and any other	11409
location in the building the sheriff determines appropriate. The	11410
manager or person exercising management and control of the	11411
building shall permit the sheriff to post copies of the notice	11412
under this division as the sheriff determines appropriate. In lieu	11413
of posting copies of the notice as described in this division, a	11414
sheriff may provide notice to all occupants of the multi-unit	11415
building by mail or personal contact; if the sheriff so notifies	11416
all the occupants, the sheriff is not required to post copies of	11417
the notice in the common entryways to the building. Division	11418
(D)(3) of this section applies regarding notices required under	11419
this division.	11420

(d) All additional persons who are within any category of	11421
neighbors of the offender or delinquent child that the attorney	11422
general by rule adopted under section 2950.13 of the Revised Code	11423
requires to be provided the notice and who reside within the	11424
county served by the sheriff;	11425

(2) The executive director of the public children services	11426
agency that has jurisdiction within the specified geographical	11427
notification area and that is located within the county served by	11428
the sheriff;	11429

(3)(a) The superintendent of each board of education of a	11430
school district that has schools within the specified geographical	11431
notification area and that is located within the county served by	11432
the sheriff;	11433

(b) The principal of the school within the specified	11434
geographical notification area and within the county served by the	11435
sheriff that the delinquent child attends;	11436

(c) If the delinquent child attends a school outside of the	11437
specified geographical notification area or outside of the school	11438
district where the delinquent child resides, the superintendent of	11439
the board of education of a school district that governs the	11440
school that the delinquent child attends and the principal of the	11441
school that the delinquent child attends.	11442

(4)(a) The appointing or hiring officer of each chartered	11443
nonpublic school located within the specified geographical	11444
notification area and within the county served by the sheriff or	11445
of each other school located within the specified geographical	11446
notification area and within the county served by the sheriff and	11447
that is not operated by a board of education described in division	11448
(A)(3) of this section;	11449

(b) Regardless of the location of the school, the appointing	11450
or hiring officer of a chartered nonpublic school that the	11451
delinquent child attends.	11452

(5) The director, head teacher, elementary principal, or site	11453
administrator of each preschool program governed by Chapter 3301.	11454
of the Revised Code that is located within the specified	11455
geographical notification area and within the county served by the	11456
sheriff;	11457

(6) The administrator of each child day-care center or type A	11458
family day-care home that is located within the specified	11459
geographical notification area and within the county served by the	11460
sheriff, and the provider of each certified type B family day-care	11461
home that is located within the specified geographical	11462
notification area and within the county served by the sheriff. As	11463
used in this division, "child day-care center," "type A family	11464
day-care home," and "certified type B family day-care home" have	11465
the same meanings as in section 5104.01 of the Revised Code.	11466

(7) The president or other chief administrative officer of	11467
each institution of higher education, as defined in section	11468
2907.03 of the Revised Code, that is located within the specified	11469
geographical notification area and within the county served by the	11470
sheriff, and the chief law enforcement officer of the state	11471
university law enforcement agency or campus police department	11472
established under section 3345.04 or 1713.50 of the Revised Code,	11473
if any, that serves that institution;	11474

(8) The sheriff of each county that includes any portion of	11475
the specified geographical notification area;	11476

(9) If the offender or delinquent child resides within the	11477
county served by the sheriff, the chief of police, marshal, or	11478
other chief law enforcement officer of the municipal corporation	11479
in which the offender or delinquent child resides or, if the	11480
offender or delinquent child resides in an unincorporated area,	11481
the constable or chief of the police department or police district	11482
police force of the township in which the offender or delinquent	11483
child resides;	11484

(10) Volunteer organizations in which contact with minors or	11485
other vulnerable individuals might occur or any organization,	11486
company, or individual who requests notification as provided in	11487
division (J) of this section.	11488

(B) The notice required under division (A) of this section	11489
shall include all of the following information regarding the	11490
subject offender or delinquent child:	11491

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

11492

(2) The address or addresses of the offender's or public	11493
registry-qualified juvenile offender registrant's residence,	11494
school, institution of higher education, or place of employment,	11495
as applicable, or the delinquent child's residence address or	11496
addresses of a delinquent child who is not a public	11497
registry-qualified juvenile offender registrant;	11498

(3) The sexually oriented offense or child-victim oriented	11499
offense of which the offender was convicted, to which the offender	11500
pleaded guilty, or for which the child was adjudicated a	11501
delinquent child;	11502

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

11503

(a) A statement that identifies the category specified in	11504
division (F)(1)(a), (b), or (c) of this section that includes the	11505
offender has been adjudicated a sexual predator, a statement that	11506
the offender has been convicted of or pleaded guilty to an	11507
aggravated sexually oriented offense, a statement that the	11508
delinquent child has been adjudicated a sexual predator and that,	11509
as of the date of the notice, the court has not entered a	11510
determination that the delinquent child no longer is a sexual	11511
predator, or a statement that the sentencing or reviewing judge	11512
has determined that the offender or delinquent child is a habitual	11513
sex offender and that, as of the date of the notice, the	11514
determination regarding a delinquent child has not been removed	11515
pursuant to section 2152.84 or 2152.85 of the Revised Codeor	11516
delinquent child and that subjects the offender or delinquent	11517
child to this section;	11518

(b) A statement that the offender has been adjudicated a	11519
child-victim predator, a statement that the delinquent child has	11520
been adjudicated a child-victim predator and that, as of the date	11521
of the notice, the court has not entered a determination that the	11522
delinquent child no longer is a child-victim predator, or a	11523
statement that the sentencing or reviewing judge has determined	11524
that the offender or delinquent child is a habitual child-victim	11525
offender and that, as of the date of the notice, the determination	11526
regarding a delinquent child has not been removed pursuant to	11527
section 2152.84 or 2152.85 of the Revised Code;	11528

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

11529

(C) If a sheriff with whom an offender or delinquent child	11530
registers under section 2950.04, 2950.041, or 2950.05 of the	11531
Revised Code or to whom the offender or delinquent child most	11532
recently sent a notice of intent to reside under section 2950.04	11533
or 2950.041 of the Revised Code is required by division (A) of	11534
this section to provide notices regarding an offender or	11535
delinquent child and if, pursuant to that requirement, the sheriff	11536
provides a notice to a sheriff of one or more other counties in	11537
accordance with division (A)(8) of this section, the sheriff of	11538
each of the other counties who is provided notice under division	11539
(A)(8) of this section shall provide the notices described in	11540
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	11541
each person or entity identified within those divisions that is	11542
located within the specified geographical notification area and	11543
within the county served by the sheriff in question.	11544

(D)(1) A sheriff required by division (A) or (C) of this	11545
section to provide notices regarding an offender or delinquent	11546
child shall provide the notice to the neighbors that are described	11547
in division (A)(1) of this section and the notices to law	11548
enforcement personnel that are described in divisions (A)(8) and	11549
(9) of this section as soon as practicable, but no later than five	11550
days after the offender sends the notice of intent to reside to	11551
the sheriff and again no later than five days after the offender	11552
or delinquent child registers with the sheriff or, if the sheriff	11553
is required by division (C) of this section to provide the	11554
notices, no later than five days after the sheriff is provided the	11555
notice described in division (A)(8) of this section.	11556

A sheriff required by division (A) or (C) of this section to	11557
provide notices regarding an offender or delinquent child shall	11558
provide the notices to all other specified persons that are	11559
described in divisions (A)(2) to (7) and (A)(10) of this section	11560
as soon as practicable, but not later than seven days after the	11561
offender or delinquent child registers with the sheriff or, if the	11562
sheriff is required by division (C) of this section to provide the	11563
notices, no later than five days after the sheriff is provided the	11564
notice described in division (A)(8) of this section.	11565

(2) If an offender or delinquent child in relation to whom	11566
division (A) of this section applies verifies the offender's or	11567
delinquent child's current residence, school, institution of	11568
higher education, or place of employment address, as applicable,	11569
with a sheriff pursuant to section 2950.06 of the Revised Code,	11570
the sheriff may provide a written notice containing the	11571
information set forth in division (B) of this section to the	11572
persons identified in divisions (A)(1) to (9)(10) of this section.	11573
If a sheriff provides a notice pursuant to this division to the	11574
sheriff of one or more other counties in accordance with division	11575
(A)(8) of this section, the sheriff of each of the other counties	11576
who is provided the notice under division (A)(8) of this section	11577
may provide, but is not required to provide, a written notice	11578
containing the information set forth in division (B) of this	11579
section to the persons identified in divisions (A)(1) to (7) and	11580
(A)(9) and (10) of this section.	11581

(3) A sheriff may provide notice under division (A)(1)(a) or	11582
(b) of this section, and may provide notice under division	11583
(A)(1)(c) of this section to a building manager or person	11584
authorized to exercise management and control of a building, by	11585
mail, by personal contact, or by leaving the notice at or under	11586
the entry door to a residential unit. For purposes of divisions	11587
(A)(1)(a) and (b) of this section, and the portion of division	11588
(A)(1)(c) of this section relating to the provision of notice to	11589
occupants of a multi-unit building by mail or personal contact,	11590
the provision of one written notice per unit is deemed as	11591
providing notice to all occupants of that unit.	11592

(E) All information that a sheriff possesses regarding a	11593
sexual predator, a habitual sex offender, a child-victim predator,	11594
or a habitual child-victim offenderan offender or delinquent	11595
child who is in a category specified in division (F)(1)(a), (b),	11596
or (c) of this section that is described in division (B) of this	11597
section and that must be provided in a notice required under	11598
division (A) or (C) of this section or that may be provided in a	11599
notice authorized under division (D)(2) of this section is a	11600
public record that is open to inspection under section 149.43 of	11601
the Revised Code.	11602

The sheriff shall not cause to be publicly disseminated by	11603
means of the internet any of the information described in this	11604
division that is provided by a sexual predator, habitual sex	11605
offender, child-victim predator, or habitual child-victim offender	11606
who is a juvenile offender registrant, except when the act that is	11607
the basis of the child's classification as a juvenile offender	11608
registrant is a violation of, or an attempt to commit a violation	11609
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that	11610
was committed with a purpose to gratify the sexual needs or	11611
desires of the child, a violation of section 2907.02 of the	11612
Revised Code, or an attempt to commit a violation of that section	11613
delinquent child unless that child is in a category specified in	11614
division (F)(1)(a), (b), or (c) of this section.	11615

(F)(1) TheExcept as provided in division (F)(2) of this	11616
section, the duties to provide the notices described in divisions	11617
(A) and (C) of this section apply regarding any offender or	11618
delinquent child who is in any of the following categories, if the	11619
other criteria set forth in division (A) or (C) of this section,	11620
whichever is applicable, are satisfied:	11621

(a) The offender or delinquent child has been adjudicated a	11622
sexual predator relative to the sexually oriented offense for	11623
which the offender or delinquent child has the duty to register	11624
under section 2950.04 of the Revised Code or has been adjudicated	11625
a child-victim predator relative to the child-victim oriented	11626
offense for which the offender or child has the duty to register	11627
under section 2950.041 of the Revised Code, and the court has not	11628
subsequently determined pursuant to section 2152.84 or 2152.85 of	11629
the Revised Code regarding a delinquent child that the delinquent	11630
child no longer is a sexual predator or no longer is a	11631
child-victim predator, whichever is applicable.	11632

(b) The offender or delinquent child has been determined	11633
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,	11634
division (B) of section 2152.83, section 2152.84, or section	11635
2152.85 of the Revised Code to be a habitual sex offender or a	11636
habitual child-victim offender, the court has imposed a	11637
requirement under that division or section subjecting the habitual	11638
sex offender or habitual child-victim offender to this section,	11639
and the determination has not been removed pursuant to section	11640
2152.84 or 2152.85 of the Revised Code regarding a delinquent	11641
child.	11642

(c) The sexually oriented offense for which the offender has	11643
the duty to register under section 2950.04 of the Revised Code is	11644
an aggravated sexually oriented offense, regardless of whether the	11645
offender has been adjudicated a sexual predator relative to the	11646
offense or has been determined to be a habitual sex offenderis a	11647
tier III sex offender/child-victim offender, or the delinquent	11648
child is a public registry-qualified juvenile offender registrant,	11649
and a juvenile court has not removed pursuant to section 2950.15	11650
of the Revised Code the delinquent child's duty to comply with	11651
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	11652
Code.	11653

(b) The delinquent child is a tier III sex	11654
offender/child-victim offender who is not a public-registry	11655
qualified juvenile offender registrant, the delinquent child was	11656
subjected to this section prior to the effective date of this	11657
amendment as a sexual predator, habitual sex offender,	11658
child-victim predator, or habitual child-victim offender, as those	11659
terms were defined in section 2950.01 of the Revised Code as it	11660
existed prior to the effective date of this amendment, and a	11661
juvenile court has not removed pursuant to section 2152.84 or	11662
2152.85 of the Revised Code the delinquent child's duty to comply	11663
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11664
Revised Code.	11665

(c) The delinquent child is a tier III sex	11666
offender/child-victim offender who is not a public	11667
registry-qualified juvenile offender registrant, the delinquent	11668
child was classified a juvenile offender registrant on or after	11669
the effective date of this amendment, the court has imposed a	11670
requirement under section 2152.82, 2152.83, or 2152.84 of the	11671
Revised Code subjecting the delinquent child to this section, and	11672
a juvenile court has not removed pursuant to section 2152.84 or	11673
2152.85 of the Revised Code the delinquent child's duty to comply	11674
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11675
Revised Code.	11676

(2) The notification provisions of this section do not apply	11677
regarding a person who is convicted of or pleads guilty to, has	11678
been convicted of or pleaded guilty to, or is adjudicated a	11679
delinquent child for committing, a sexually oriented offense or a	11680
child-victim oriented offense, who is not in the category	11681
specified in either division (F)(1)(a) or (c) of this section,	11682
and who is determined pursuant to division (C)(2) or (E) of	11683
section 2950.09 or 2950.091, division (B) of section 2152.83,	11684
section 2152.84, or section 2152.85 of the Revised Code to be a	11685
habitual sex offender or habitual child-victim offender unless the	11686
sentencing or reviewing court imposes a requirement in the	11687
offender's sentence and in the judgment of conviction that	11688
contains the sentence or in the delinquent child's adjudication,	11689
or imposes a requirement as described in division (C)(2) of	11690
section 2950.09 or 2950.091 of the Revised Code, that subjects	11691
the offender or the delinquent child to the provisions of this	11692
section.	11693

(2) The notification provisions of this section do not apply	11694
to a person described in division (F)(1)(a), (b), or (c) of this	11695
section if that person would not be subject to the notification	11696
provisions of this section that were in the version of this	11697
section that existed immediately prior to the effective date of	11698
this amendment.	11699

(G)(1) The department of job and family services shall	11700
compile, maintain, and update in January and July of each year, a	11701
list of all agencies, centers, or homes of a type described in	11702
division (A)(2) or (6) of this section that contains the name of	11703
each agency, center, or home of that type, the county in which it	11704
is located, its address and telephone number, and the name of an	11705
administrative officer or employee of the agency, center, or home.	11706
The	11707

(2) The department of education shall compile, maintain, and	11708
update in January and July of each year, a list of all boards of	11709
education, schools, or programs of a type described in division	11710
(A)(3), (4), or (5) of this section that contains the name of each	11711
board of education, school, or program of that type, the county in	11712
which it is located, its address and telephone number, the name of	11713
the superintendent of the board or of an administrative officer or	11714
employee of the school or program, and, in relation to a board of	11715
education, the county or counties in which each of its schools is	11716
located and the address of each such school. The	11717

(3) The Ohio board of regents shall compile, maintain, and	11718
update in January and July of each year, a list of all	11719
institutions of a type described in division (A)(7) of this	11720
section that contains the name of each such institution, the	11721
county in which it is located, its address and telephone number,	11722
and the name of its president or other chief administrative	11723
officer. A	11724

(4) A sheriff required by division (A) or (C) of this	11725
section, or authorized by division (D)(2) of this section, to	11726
provide notices regarding an offender or delinquent child, or a	11727
designee of a sheriff of that type, may request the department of	11728
job and family services, department of education, or Ohio board of	11729
regents, by telephone, in person, or by mail, to provide the	11730
sheriff or designee with the names, addresses, and telephone	11731
numbers of the appropriate persons and entities to whom the	11732
notices described in divisions (A)(2) to (7) of this section are	11733
to be provided. Upon receipt of a request, the department or board	11734
shall provide the requesting sheriff or designee with the names,	11735
addresses, and telephone numbers of the appropriate persons and	11736
entities to whom those notices are to be provided.	11737

(H)(1) Upon the motion of the offender or the prosecuting	11738
attorney of the county in which the offender was convicted of or	11739
pleaded guilty to the sexually oriented offense or child-victim	11740
oriented offense for which the offender is subject to community	11741
notification under this section, or upon the motion of the	11742
sentencing judge or that judge's successor in office, the judge	11743
may schedule a hearing to determine whether the interests of	11744
justice would be served by suspending the community notification	11745
requirement under this section in relation to the offender. The	11746
judge may dismiss the motion without a hearing but may not issue	11747
an order suspending the community notification requirement without	11748
a hearing. At the hearing, all parties are entitled to be heard,	11749
and the judge shall consider all of the factors set forth in	11750
division (B)(3)(K) of this section 2950.09 of the Revised Code.	11751
If, at the conclusion of the hearing, the judge finds that the	11752
offender has proven by clear and convincing evidence that the	11753
offender is unlikely to commit in the future a sexually oriented	11754
offense or a child-victim oriented offense and if the judge finds	11755
that suspending the community notification requirement is in the	11756
interests of justice, the judge may suspend the application of	11757
this section in relation to the offender. The order shall contain	11758
both of these findings.	11759

The judge promptly shall serve a copy of the order upon the	11760
sheriff with whom the offender most recently registered under	11761
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	11762
the bureau of criminal identification and investigation.	11763

An order suspending the community notification requirement	11764
does not suspend or otherwise alter an offender's duties to comply	11765
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11766
Revised Code and does not suspend the victim notification	11767
requirement under section 2950.10 of the Revised Code.	11768

(2) A prosecuting attorney, a sentencing judge or that	11769
judge's successor in office, and an offender who is subject to the	11770
community notification requirement under this section may	11771
initially make a motion under division (H)(1) of this section upon	11772
the expiration of twenty years after the offender's duty to comply	11773
with sectionsdivision (A)(2), (3), or (4) of section 2950.04,	11774
division (A)(2), (3), or (4) of section 2950.041,and sections	11775
2950.05, and 2950.06 of the Revised Code begins in relation to the	11776
offense for which the offender is subject to community	11777
notification. After the initial making of a motion under division	11778
(H)(1) of this section, thereafter, the prosecutor, judge, and	11779
offender may make a subsequent motion under that division upon the	11780
expiration of five years after the judge has entered an order	11781
denying the initial motion or the most recent motion made under	11782
that division.	11783

(3) The offender and the prosecuting attorney have the right	11784
to appeal an order approving or denying a motion made under	11785
division (H)(1) of this section.	11786

(4) Divisions (H)(1) to (3) of this section do not apply to	11787
any of the following types of offender:	11788

(a) A person who is convicted of or pleads guilty to a	11789
violent sex offense or designated homicide, assault, or kidnapping	11790
offense and who, in relation to that offense, is adjudicated a	11791
sexually violent predator;	11792

(b) A person who is convicted of or pleads guilty to a	11793
sexually oriented offense that is a violation of division	11794
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	11795
after the effective date of this amendmentJanuary 2, 2007, and	11796
either who is sentencdsentenced under section 2971.03 of the	11797
Revised Code or upon whom a sentence of life without parole is	11798
imposed under division (B) of section 2907.02 of the Revised Code;	11799

(c) A person who is convicted of or pleads guilty to a	11800
sexually oriented offense that is attempted rape committed on or	11801
after the effective date of this amendmentJanuary 2, 2007, and	11802
who also is convicted of or pleads guilty to a specification of	11803
the type described in section 2941.1418, 2941.1419, or 2941.1420	11804
of the Revised Code;	11805

(d) A habitual sex offender or habitual child-victim oriented	11806
offender who is subject to community notification who, subsequent	11807
to being subjected to community notification, has pleaded guilty	11808
to or been convicted of a sexually oriented offense or a	11809
child-victim oriented offenseperson who is convicted of or pleads	11810
guilty to an offense described in division (B)(3)(a), (b), (c), or	11811
(d) of section 2971.03 of the Revised Code and who is sentenced	11812
for that offense pursuant to that division;	11813

(e) A sexual predator or child-victim predator who is not	11814
adjudicated a sexually violent predatorAn offender who is in a	11815
category specified in division (F)(1)(a), (b), or (c) of this	11816
section and who, subsequent to being subjected to community	11817
notification, has pleaded guilty to or been convicted of a	11818
sexually oriented offense or child-victim oriented offense.	11819

(I) If a person is convicted of or, pleads guilty to, or has	11820
been convicted of, or has pleaded guilty to, either a sexually	11821
oriented offense that is not a registration-exempt sexually	11822
oriented offense or a child-victim oriented offense, or a person	11823
is or has been adjudicated a delinquent child for committing	11824
either a sexually oriented offense that is not a	11825
registration-exempt sexually oriented offense or a child-victim	11826
oriented offense and is classified a juvenile offender registrant	11827
or is an out-of-state juvenile offender registrant based on that	11828
adjudication, and if the offender or delinquent child is not in	11829
any category specified in division (F)(1)(a), (b), or (c) of this	11830
section, the sheriff with whom the offender or delinquent child	11831
has most recently registered under section 2950.04, 2950.041, or	11832
2950.05 of the Revised Code and the sheriff to whom the offender	11833
or delinquent child most recently sent a notice of intent to	11834
reside under section 2950.04 or 2950.041 of the Revised Code,	11835
within the period of time specified in division (D) of this	11836
section, shall provide a written notice containing the information	11837
set forth in division (B) of this section to the executive	11838
director of the public children services agency that has	11839
jurisdiction within the specified geographical notification area	11840
and that is located within the county served by the sheriff.	11841

(J) Each sheriff shall allow a volunteer organization or	11842
other organization, company, or individual who wishes to receive	11843
the notice described in division (A)(10) of this section regarding	11844
a specific offender or delinquent child or notice regarding all	11845
offenders and delinquent children who are located in the specified	11846
geographical notification area to notify the sheriff by electronic	11847
mail or through the sheriff's web site of this election. The	11848
sheriff shall promptly inform the bureau of criminal	11849
identification and investigation of these requests in accordance	11850
with the forwarding procedures adopted by the attorney general	11851
pursuant to section 2950.13 of the Revised Code.	11852

(K) In making a determination under division (H)(1) of this	11853
section as to whether to suspend the community notification	11854
requirement under this section for an offender, the judge shall	11855
consider all relevant factors, including, but not limited to, all	11856
of the following:	11857

(1) The offender's age;

11858

(2) The offender's prior criminal or delinquency record	11859
regarding all offenses, including, but not limited to, all	11860
sexually oriented offenses or child-victim oriented offenses;	11861

(3) The age of the victim of the sexually oriented offense or	11862
child-victim oriented offense the offender committed;	11863

(4) Whether the sexually oriented offense or child-victim	11864
oriented offense the offender committed involved multiple victims;	11865

(5) Whether the offender used drugs or alcohol to impair the	11866
victim of the sexually oriented offense or child-victim oriented	11867
the offender committed or to prevent the victim from resisting;	11868

(6) If the offender previously has been convicted of, pleaded	11869
guilty to, or been adjudicated a delinquent child for committing	11870
an act that if committed by an adult would be a criminal offense,	11871
whether the offender completed any sentence or dispositional order	11872
imposed for the prior offense or act and, if the prior offense or	11873
act was a sexually oriented offense or a child-victim oriented	11874
offense, whether the offender or delinquent child participated in	11875
available programs for sex offenders or child-victim offenders;	11876

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

11877

(8) The nature of the offender's sexual conduct, sexual	11878
contact, or interaction in a sexual context with the victim of the	11879
sexually oriented offense the offender committed or the nature of	11880
the offender's interaction in a sexual context with the victim of	11881
the child-victim oriented offense the offender committed,	11882
whichever is applicable, and whether the sexual conduct, sexual	11883
contact, or interaction in a sexual context was part of a	11884
demonstrated pattern of abuse;	11885

(9) Whether the offender, during the commission of the	11886
sexually oriented offense or child-victim oriented offense the	11887
offender committed, displayed cruelty or made one or more threats	11888
of cruelty;	11889

(10) Any additional behavioral characteristics that	11890
contribute to the offender's conduct.	11891

(L) As used in this section, "specified geographical	11892
notification area" means the geographic area or areas within which	11893
the attorney general, by rule adopted under section 2950.13 of the	11894
Revised Code, requires the notice described in division (B) of	11895
this section to be given to the persons identified in divisions	11896
(A)(2) to (8) of this section.	11897

Sec. 2950.12.  (A) Except as provided in division (B) of this	11898
section, any of the following persons shall be immune from	11899
liability in a civil action to recover damages for injury, death,	11900
or loss to person or property allegedly caused by an act or	11901
omission in connection with a power, duty, responsibility, or	11902
authorization under this chapter or under rules adopted under	11903
authority of this chapter:	11904

(1) An officer or employee of the bureau of criminal	11905
identification and investigation;	11906

(2) The attorney general, a chief of police, marshal, or	11907
other chief law enforcement officer of a municipal corporation, a	11908
sheriff, a constable or chief of police of a township police	11909
department or police district police force, and a deputy, officer,	11910
or employee of the office of the attorney general, the law	11911
enforcement agency served by the marshal or the municipal or	11912
township chief, the office of the sheriff, or the constable;	11913

(3) A prosecutor and an officer or employee of the office of	11914
a prosecutor;	11915

(4) A supervising officer and an officer or employee of the	11916
adult parole authority of the department of rehabilitation and	11917
correction;	11918

(5) A supervising officer and an officer or employee of the	11919
department of youth services;	11920

(6) A supervisor and a caseworker or employee of a public	11921
children services agency acting pursuant to section 5153.16 of the	11922
Revised Code;	11923

(7) A managing officer of a state correctional institution	11924
and an officer or employee of the department of rehabilitation and	11925
correction;	11926

(8) A person identified in division (A)(2), (3), (4), (5),	11927
(6), or (7) of section 2950.11 of the Revised Code, an	11928
organization or person identified in division (A)(10) of that	11929
section, or the agent of that person or organization;	11930

(9) A person identified in division (A)(2) of section	11931
2950.111 of the Revised Code, regarding the person's provision of	11932
information pursuant to that division to a sheriff or a designee	11933
of a sheriff.	11934

(B) The immunity described in division (A) of this section	11935
does not apply to a person described in divisions (A)(1) to (8) of	11936
this section if, in relation to the act or omission in question,	11937
any of the following applies:	11938

(1) The act or omission was manifestly outside the scope of	11939
the person's employment or official responsibilities.	11940

(2) The act or omission was with malicious purpose, in bad	11941
faith, or in a wanton or reckless manner.	11942

(3) Liability for the act or omission is expressly imposed by	11943
a section of the Revised Code.	11944

Sec. 2950.13.  (A) The attorney general shall do all of the	11945
following:	11946

(1) No later than July 1, 1997, establish and maintain a	11947
state registry of sex offenders and child-victim offenders that is	11948
housed at the bureau of criminal identification and investigation	11949
and that contains all of the registration, change of residence,	11950
school, institution of higher education, or place of employment	11951
address, and verification information the bureau receives pursuant	11952
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	11953
Code regarding aeach person who is convicted of or, pleads guilty	11954
to, or has been convicted of, or has pleaded guilty to, either a	11955
sexually oriented offense that is not a registration-exempt	11956
sexually oriented offense or a child-victim oriented offense or a	11957
and each person who is or has been adjudicated a delinquent child	11958
for committing either a sexually oriented offense that is not a	11959
registration-exempt sexually oriented offense or a child-victim	11960
oriented offense and is classified a juvenile offender registrant	11961
or is an out-of-state juvenile offender registrant based on that	11962
adjudication, and all of the information the bureau receives	11963
pursuant to section 2950.14 of the Revised Code, and any notice of	11964
an order terminating or modifying an offender's or delinquent	11965
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	11966
and 2950.06 of the Revised Code the bureau receives pursuant to	11967
section 2152.84, 2152.85, or 2950.15 of the Revised Code. For a	11968
person who was convicted of or pleaded guilty to the sexually	11969
oriented offense or child-victim related offense, the registry	11970
also shall indicate whether the person was convicted of or	11971
pleaded guilty to the offense in a criminal prosecution or in a	11972
serious youthful offender case. The registry shall not be open to	11973
inspection by the public or by any person other than a person	11974
identified in division (A) of section 2950.08 of the Revised	11975
Code. In addition to the information and material previously	11976
identified in this division, the registry shall include all of	11977
the following regarding each person who is listed in the	11978
registry:	11979

(a) A citation for, and the name of, all sexually oriented	11980
offenses or child-victim oriented offenses of which the person	11981
was convicted, to which the person pleaded guilty, or for which	11982
the person was adjudicated a delinquent child and that resulted	11983
in a registration duty, and the date on which those offenses were	11984
committed;	11985

(b) The text of the sexually oriented offenses or	11986
child-victim oriented offenses identified in division (A)(1)(a)	11987
of this section as those offenses existed at the time the person	11988
was convicted of, pleaded guilty to, or was adjudicated a	11989
delinquent child for committing those offenses, or a link to a	11990
database that sets forth the text of those offenses;	11991

(c) A statement as to whether the offender is a tier I sex	11992
offender/child-victim offender, a tier II sex	11993
offender/child-victim offender, or a tier III sex	11994
offender/child-victim offender for the sexually oriented offense	11995
or child-victim oriented offense identified in division (A)(1)(a)	11996
of this section;	11997

(d) The community supervision status of the person,	11998
including, but not limited to, whether the person is serving a	11999
community control sanction and the nature of any such sanction,	12000
whether the person is under supervised release and the nature of	12001
the release, or regarding a juvenile, whether the juvenile is	12002
under any type of release authorized under Chapter 2152. or 5139.	12003
of the Revised Code and the nature of any such release;	12004

(e) The offense and delinquency history of the person, as	12005
determined from information gathered or provided under sections	12006
109.57 and 2950.14 of the Revised Code;	12007

(f) The bureau of criminal identification and investigation	12008
tracking number assigned to the person if one has been so	12009
assigned, the federal bureau of investigation number assigned to	12010
the person if one has been assigned and the bureau of criminal	12011
identification and investigation is aware of the number, and any	12012
other state identification number assigned to the person of which	12013
the bureau is aware;	12014

(g) Fingerprints and palmprints of the person;

12015

(h) A DNA specimen, as defined in section 109.573 of the	12016
Revised Code, from the person;	12017

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

12018

(j) Whether the person is in compliance with the person's	12019
duties under this chapter.	12020

(2) In consultation with local law enforcement	12021
representatives and no later than July 1, 1997, adopt rules that	12022
contain guidelines necessary for the implementation of this	12023
chapter;	12024

(3) In consultation with local law enforcement	12025
representatives, adopt rules for the implementation and	12026
administration of the provisions contained in section 2950.11 of	12027
the Revised Code that pertain to the notification of neighbors of	12028
an offender or a delinquent child who has committed a sexually	12029
oriented offense that is not a registration-exempt sexually	12030
oriented offense and has been adjudicated a sexual predator or	12031
determined to be a habitual sex offender, an offender who has	12032
committed an aggravated sexually oriented offense, or an offender	12033
or delinquent child who has committedor a child-victim oriented	12034
offense and has been adjudicated a child-victim predator or	12035
determined to be a habitual child-victim offender,and is in a	12036
category specified in division (F)(1) of that section and rules	12037
that prescribe a manner in which victims of either a sexually	12038
oriented offense that is not a registration-exempt sexually	12039
oriented offense or a child-victim oriented offense committed by	12040
an offender or a delinquent child who has been adjudicated a	12041
sexual predator or determined to be a habitual sex offender, an	12042
offender who has committed an aggravated sexually oriented	12043
offense, or an offender or delinquent child who has committed a	12044
child-victim oriented offense and has been adjudicated a	12045
child-victim predator or determined to be a habitual child-victim	12046
offenderis in a category specified in division (B)(1) of section	12047
2950.10 of the Revised Code may make a request that specifies that	12048
the victim would like to be provided the notices described in	12049
divisions (A)(1) and (2) of section 2950.10 of the Revised Code;	12050

(4) In consultation with local law enforcement	12051
representatives and through the bureau of criminal identification	12052
and investigation, prescribe the forms to be used by judges and	12053
officials pursuant to section 2950.03 or 2950.032 of the Revised	12054
Code to advise offenders and delinquent children of their duties	12055
of filing a notice of intent to reside, registration, notification	12056
of a change of residence, school, institution of higher education,	12057
or place of employment address and registration of the new,	12058
school, institution of higher education, or place of employment	12059
address, as applicable, and address verification under sections	12060
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	12061
prescribe the forms to be used by sheriffs relative to those	12062
duties of filing a notice of intent to reside, registration,	12063
change of residence, school, institution of higher education, or	12064
place of employment address notification, and address	12065
verification;	12066

(5) Make copies of the forms prescribed under division (A)(4)	12067
of this section available to judges, officials, and sheriffs;	12068

(6) Through the bureau of criminal identification and	12069
investigation, provide the notifications, the information and	12070
materials, and the documents that the bureau is required to	12071
provide to appropriate law enforcement officials and to the	12072
federal bureau of investigation pursuant to sections 2950.04,	12073
2950.041, 2950.05, and 2950.06 of the Revised Code;	12074

(7) Through the bureau of criminal identification and	12075
investigation, maintain the verification forms returned under the	12076
address verification mechanism set forth in section 2950.06 of the	12077
Revised Code;	12078

(8) In consultation with representatives of the officials,	12079
judges, and sheriffs, adopt procedures for officials, judges, and	12080
sheriffs to use to forward information, photographs, and	12081
fingerprints to the bureau of criminal identification and	12082
investigation pursuant to the requirements of sections 2950.03,	12083
2950.04, 2950.041, 2950.05, and 2950.06, and 2950.11 of the	12084
Revised Code;	12085

(9) In consultation with the director of education, the	12086
director of job and family services, and the director of	12087
rehabilitation and correction, adopt rules that contain guidelines	12088
to be followed by boards of education of a school district,	12089
chartered nonpublic schools or other schools not operated by a	12090
board of education, preschool programs, child day-care centers,	12091
type A family day-care homes, certified type B family day-care	12092
homes, and institutions of higher education regarding the proper	12093
use and administration of information received pursuant to section	12094
2950.11 of the Revised Code relative to an offender or delinquent	12095
child who has been adjudicated a sexual predator or child-victim	12096
predator or determined to be a habitual sex offender or habitual	12097
child-victim offender, or an offender who has committed an	12098
aggravated sexually oriented offensecommitted a sexually oriented	12099
offense or a child-victim oriented offense and is in a category	12100
specified in division (F)(1) of that section;	12101

(10) In consultation with local law enforcement	12102
representatives and no later than July 1, 1997, adopt rules that	12103
designate a geographic area or areas within which the notice	12104
described in division (B) of section 2950.11 of the Revised Code	12105
must be given to the persons identified in divisions (A)(2) to (8)	12106
and (A)(10) of that section;	12107

(11) Through the bureau of criminal identification and	12108
investigation, not later than January 1, 2004, establish and	12109
operate on the internet a sex offender and child-victim offender	12110
database that contains information for every offender who has	12111
committed either a sexually oriented offense that is not a	12112
registration-exempt sexually oriented offense or a child-victim	12113
oriented offense and who registers in any county in this state	12114
pursuant to section 2950.04 or 2950.041 of the Revised Code and	12115
for every delinquent child who has committed a sexually oriented	12116
offense, is a public registry-qualified juvenile offender	12117
registrant, and registers in any county in this state pursuant to	12118
either such section. The bureau shall not include on the database	12119
the identity of any offender's or public registry-qualified	12120
juvenile offender registrant's victim, any offender's or public	12121
registry-qualified juvenile offender registrant's social security	12122
number, the name of any school or institution of higher education	12123
attended by any offender or public registry-qualified juvenile	12124
offender registrant, the name of the place of employment of any	12125
offender or public registry-qualified juvenile offender	12126
registrant, any tracking or identification number described in	12127
division (A)(1)(f) of this section, or any information described	12128
in division (C)(7) of section 2950.04 or 2950.041 of the Revised	12129
Code. The bureau shall provide on the database, for each offender	12130
and each public registry-qualified juvenile offender registrant,	12131
at least the information specified in divisions (A)(11)(a) to (h)	12132
of this section. Otherwise, the bureau shall determine the	12133
information to be provided on the database for each offender and	12134
public registry-qualified juvenile offender registrant and shall	12135
obtain that information from the information contained in the	12136
state registry of sex offenders and child-victim offenders	12137
described in division (A)(1) of this section, which information,	12138
while in the possession of the sheriff who provided it, is a	12139
public record open for inspection as described in section	12140
2950.081 of the Revised Code. The information provided for each	12141
offender shall include at least the information set forth in	12142
division (B) of section 2950.11 of the Revised Code. The database	12143
is a public record open for inspection under section 149.43 of	12144
the Revised Code, and it shall be searchable by offender or	12145
public registry-qualified juvenile offender registrant name, by	12146
county, by zip code, and by school district. The database shall	12147
provide a link to the web site of each sheriff who has established	12148
and operates on the internet a sex offender and child-victim	12149
offender database that contains information for offenders and	12150
public registry-qualified juvenile offender registrants who	12151
register in that county pursuant to section 2950.04 or 2950.041 of	12152
the Revised Code, with the link being a direct link to the sex	12153
offender and child-victim offender database for the sheriff. The	12154
bureau shall provide on the database, for each offender and public	12155
registry-qualified juvenile offender registrant, at least the	12156
following information:	12157

(a) The information described in divisions (A)(1)(a), (b),	12158
(c), and (d) of this section relative to the offender or public	12159
registry-qualified juvenile offender registrant;	12160

(b) The address of the offender's or public	12161
registry-qualified juvenile offender registrant's school,	12162
institution of higher education, or place of employment provided	12163
in a registration form;	12164

(c) The information described in division (C)(6) of section	12165
2950.04 or 2950.041 of the Revised Code;	12166

(d) A chart describing which sexually oriented offenses and	12167
child-victim oriented offenses are included in the definitions of	12168
tier I sex offender/child-victim offender, tier II sex	12169
offender/child-victim offender, and tier III sex	12170
offender/child-victim offender;	12171

(e) Fingerprints and palm prints of the offender or public	12172
registry-qualified juvenile offender registrant and a DNA specimen	12173
from the offender or public registry-qualified juvenile offender	12174
registrant;	12175

(f) The information set forth in division (B) of section	12176
2950.11 of the Revised Code;	12177

(g) Any outstanding arrest warrants for the offender or	12178
public registry-qualified juvenile offender registrant;	12179

(h) The offender's or public registry-qualified juvenile	12180
offender registrant's compliance status with duties under this	12181
chapter.	12182

(12) Upon the request of any sheriff, provide technical	12183
guidance to the requesting sheriffDevelop software to be used by	12184
sheriffs in establishing on the internet a sex offender and	12185
child-victim offender database for the public dissemination of	12186
some or all of the information and materials described in division	12187
(A) of section 2950.081 of the Revised Code that are public	12188
records under that division, that are not prohibited from	12189
inclusion by division (B) of that section, and that pertain to	12190
offenders and public registry-qualified juvenile offender	12191
registrants who register in thatthe sheriff's county pursuant to	12192
section 2950.04 or 2950.041 of the Revised Code and for the public	12193
dissemination of information the sheriff receives pursuant to	12194
section 2950.14 of the Revised Code and, upon the request of any	12195
sheriff, provide technical guidance to the requesting sheriff in	12196
establishing on the internet such a database;	12197

(13) Through the bureau of criminal identification and	12198
investigation, not later than January 1, 2004, establish and	12199
operate on the internet a database that enables local law	12200
enforcement representatives to remotely search by electronic means	12201
the state registry of sex offenders and child-victim offenders	12202
described in division (A)(1) of this section and any information	12203
and materials the bureau receives pursuant to sections 2950.04,	12204
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	12205
database shall enable local law enforcement representatives to	12206
obtain detailed information regarding each offender and delinquent	12207
child who is included in the registry, including, but not limited	12208
to the offender's or delinquent child's name, aliases, residence	12209
address, name and address of any place of employment, school,	12210
institution of higher education, if applicable, motor vehicle	12211
license plate number ifof each vehicle identified in division	12212
(C)(5) of section 2950.04 or 2950.041 of the Revised Code to the	12213
extent applicable, victim preference if available, date of most	12214
recent release from confinement if applicable, fingerprints, and	12215
palmprints, all of the information and material described in	12216
division (A)(1)(a) to (h) of this section regarding the offender	12217
or delinquent child, and other identification parameters the	12218
bureau considers appropriate. The database is not a public record	12219
open for inspection under section 149.43 of the Revised Code and	12220
shall be available only to law enforcement representatives as	12221
described in this division. Information obtained by local law	12222
enforcement representatives through use of this database is not	12223
open to inspection by the public or by any person other than a	12224
person identified in division (A) of section 2950.08 of the	12225
Revised Code.	12226

(14) Through the bureau of criminal identification and	12227
investigation, maintain a list of requests for notice about a	12228
specified offender or delinquent child or specified geographical	12229
notification area made pursuant to division (J) of section 2950.11	12230
of the Revised Code and, when an offender or delinquent child	12231
changes residence to another county, forward any requests for	12232
information about that specific offender or delinquent child to	12233
the appropriate sheriff;	12234

(15) Through the bureau of criminal identification and	12235
investigation, establish and operate a system for the immediate	12236
notification by electronic means of the appropriate officials in	12237
other states specified in this division each time an offender or	12238
delinquent child registers a residence, school, institution of	12239
higher education, or place of employment address under section	12240
2950.04 or 2950.041 of the revised Code or provides a notice of a	12241
change of address or registers a new address under division (A) or	12242
(B) of section 2950.05 of the Revised Code. The immediate	12243
notification by electronic means shall be provided to the	12244
appropriate officials in each state in which the offender or	12245
delinquent child is required to register a residence, school,	12246
institution of higher education, or place of employment address.	12247
The notification shall contain the offender's or delinquent	12248
child's name and all of the information the bureau receives from	12249
the sheriff with whom the offender or delinquent child registered	12250
the address or provided the notice of change of address or	12251
registered the new address.	12252

(B) The attorney general in consultation with local law	12253
enforcement representatives, may adopt rules that establish one or	12254
more categories of neighbors of an offender or delinquent child	12255
who, in addition to the occupants of residential premises and	12256
other persons specified in division (A)(1) of section 2950.11 of	12257
the Revised Code, must be given the notice described in division	12258
(B) of that section.	12259

(C) No person, other than a local law enforcement	12260
representative, shall knowingly do any of the following:	12261

(1) Gain or attempt to gain access to the database	12262
established and operated by the attorney general, through the	12263
bureau of criminal identification and investigation, pursuant to	12264
division (A)(13) of this section.	12265

(2) Permit any person to inspect any information obtained	12266
through use of the database described in division (C)(1) of this	12267
section, other than as permitted under that division.	12268

(D) As used in this section, "local law enforcement	12269
representatives" means representatives of the sheriffs of this	12270
state, representatives of the municipal chiefs of police and	12271
marshals of this state, and representatives of the township	12272
constables and chiefs of police of the township police departments	12273
or police district police forces of this state.	12274

Sec. 2950.131. If, on or after the effective date of this	12275
section, the United States attorney general or an office	12276
established under the authority of the United States attorney	12277
general adopts any regulation, guideline, or standard that	12278
interprets or applies the federal Sex Offender Registration and	12279
Notification Act, Pub. L. No. 109-249, to require additional sex	12280
offender registration and notification than otherwise required by	12281
Chapter 2950. of the Revised Code, as amended by this act, or	12282
notifies the attorney general of this state that the amendments	12283
made by this act are not in substantial compliance with the	12284
federal Sex Offender Registration and Notification Act or	12285
regulations, guidelines or standards interpreting or applying the	12286
federal Sex Offender Registration and Notification Act, the	12287
attorney general of this state within one hundred eighty days	12288
after notification or the adoption of any regulation, guideline or	12289
standard that interprets or applies the federal Sex Offender	12290
Registration and Notification Act, shall adopt rules in accordance	12291
with Chapter 119. of the Revised Code to require additional sex	12292
offender registration or notification so that Ohio's sex offender	12293
registration and notification requirements are consistent with,	12294
and not less stringent than, the federal Sex Offender Registration	12295
and Notification Act and any regulation, guideline or standard	12296
that interprets or applies the federal Sex Offender Registration	12297
and Notification Act.	12298

Sec. 2950.14.  (A) Prior to releasing an offender who is	12299
under the custody and control of the department of rehabilitation	12300
and correction and who has been convicted of or pleaded guilty to	12301
committing, either prior to, on, or after January 1, 1997, any	12302
sexually oriented offense that is not a registration-exempt	12303
sexually oriented offense or any child-victim oriented offense,	12304
the department of rehabilitation and correction shall provide all	12305
of the information described in division (B) of this section to	12306
the bureau of criminal identification and investigation regarding	12307
the offender and to the sheriff of the county in which the	12308
offender's anticipated future residence is located. Prior to	12309
releasing a delinquent child who is in the custody of the	12310
department of youth services who has been adjudicated a delinquent	12311
child for committing on or after January 1, 2002, any sexually	12312
oriented offense that is not a registration-exempt sexually	12313
oriented offense or any child-victim oriented offense, regardless	12314
of when the offense was committed, and who has been classified a	12315
juvenile offender registrant based on that adjudication, the	12316
department of youth services shall provide all of the information	12317
described in division (B) of this section to the bureau of	12318
criminal identification and investigation regarding the delinquent	12319
child.	12320

(B) The department of rehabilitation and correction and the	12321
department of youth services shall provide all of the following	12322
information to the bureau of criminal identification and	12323
investigation regarding an offender or delinquent child described	12324
in division (A) of this section:	12325

(1) The offender's or delinquent child's name and any aliases	12326
used by the offender or delinquent child;	12327

(2) All identifying factors concerning, and a physical	12328
description of, the offender or delinquent child;	12329

(3) The offender's or delinquent child's anticipated future	12330
residence;	12331

(4) The offense and delinquency history and the terms and	12332
conditions of release of the offender or delinquent child;	12333

(5) Whether the offender or delinquent child was treated for	12334
a mental abnormality or personality disorder while under the	12335
custody and control of the department;	12336

(6) Any other information that the bureau indicates is	12337
relevant and that the department possesses.	12338

(C) Upon receipt of the information described in division (B)	12339
of this section regarding an offender or delinquent child, the	12340
bureau immediately shall enter the information into the state	12341
registry of sex offenders and child-victim offenders that the	12342
bureau maintains pursuant to section 2950.13 of the Revised Code	12343
and into the records that the bureau maintains pursuant to	12344
division (A) of section 109.57 of the Revised Code. Upon receipt	12345
of that information regarding an offender, the bureau immediately	12346
shall enter the information on the sex offender and child-victim	12347
offender database it establishes and operates on the internet	12348
pursuant to division (A)(11) of section 2950.13 of the Revised	12349
Code.	12350

(D) Upon receipt of the information described in division (B)	12351
of this section regarding an offender, a sheriff who has	12352
established on the internet a sex offender and child-victim	12353
offender database for the public dissemination of information	12354
regarding such offenders shall enter that information on the	12355
database.	12356

Sec. 2950.15.  (A) As used in this section and section	12357
2950.16 of the Revised Code, "eligible offender" means a person	12358
who is convicted of, pleads guilty to, was convicted of, or	12359
pleaded guilty to a sexually oriented offense or child-victim	12360
oriented offense, regardless of when the offense was committed,	12361
and is a tier I sex offender/child-victim offender or a child who	12362
is or was adjudicated a delinquent child for committing a sexually	12363
oriented offense or child-victim oriented offense, regardless of	12364
when the offense was committed, and is a public registry-qualified	12365
juvenile offender registrant.	12366

(B) Pursuant to this section, an eligible offender may make a	12367
motion to the court of common pleas or, for a delinquent child,	12368
the juvenile court of the county in which the eligible offender	12369
resides requesting that the court terminate the eligible	12370
offender's duty to comply with sections 2950.04, 2950.041,	12371
2950.05, and 2950.06 of the Revised Code. If the eligible offender	12372
is not a resident of this state, the eligible offender may make a	12373
motion to the court of common pleas of the county in which the	12374
eligible offender has registered pursuant to section 2950.04 or	12375
2950.041 of the Revised Code, but if the eligible offender has	12376
registered addresses of that nature in more than one county, the	12377
eligible offender may make such a motion in the court of only one	12378
of those counties. Notwithstanding any state or local rule	12379
assigning costs and fees for filing and processing civil and	12380
criminal cases, the fee for filing the motion shall be one hundred	12381
fifty dollars. This fee shall be applied to any further processing	12382
of the motion, including, but not limited to, the costs associated	12383
with investigating the motion, notifying relevant parties,	12384
scheduling hearings, and recording and reporting the court's	12385
determination.	12386

(C)(1) Except as provided in division (C)(2) of this section,	12387
an eligible offender who is classified a tier I sex	12388
offender/child-victim offender may make a motion under division	12389
(B) of this section upon the expiration of ten years after the	12390
eligible offender's duty to comply with division (A)(2) or (4) of	12391
section 2950.04 or division (A)(2) or (4) of section 2950.041 and	12392
sections 2950.05 and 2950.06 of the Revised Code begins in	12393
relation to the offense for which the eligible offender is subject	12394
to those provisions.	12395

(2) An eligible offender who is a delinquent child and is	12396
classified a public registry-qualified juvenile offender	12397
registrant may make a motion under division (B) of this section	12398
upon the expiration of twenty-five years after the eligible	12399
offender's duty to comply with division (A)(3) or (4) of section	12400
2950.04 and sections 2950.05 and 2950.06 of the Revised Code	12401
begins in relation to the offense for which the eligible offender	12402
is subject to those provisions.	12403

(D) An eligible offender who makes a motion under division	12404
(B) of this section shall include all of the following with the	12405
motion:	12406

(1) A certified copy of the judgment entry and any other	12407
documentation of the sentence or disposition given for the offense	12408
or offenses for which the eligible offender was convicted, pleaded	12409
guilty, or was adjudicated a delinquent child;	12410

(2) Documentation of the date of discharge from supervision	12411
or release, whichever is applicable;	12412

(3) Evidence that the eligible offender has completed a sex	12413
offender or child-victim offender treatment program certified by	12414
the department of rehabilitation and correction or the department	12415
of youth services pursuant to section 2950.16 of the Revised Code;	12416

(4) Evidence that the eligible offender has not been	12417
convicted of, pleaded guilty to, or been adjudicated a delinquent	12418
child for committing any subsequent sexually oriented offense,	12419
child-victim oriented offense, or other criminal offense, except	12420
for a minor misdemeanor traffic offense;	12421

(5) Evidence that the eligible offender has paid any	12422
financial sanctions imposed upon the offender pursuant to section	12423
2929.18 or 2929.28 of the Revised Code.	12424

(E) Upon the filing of a motion pursuant to division (B) of	12425
this section, the offender or delinquent child shall serve a copy	12426
of the motion on the prosecutor who handled the case in which the	12427
eligible offender was convicted of, pleaded guilty to, or was	12428
adjudicated a delinquent child for committing the sexually	12429
oriented offense or child-victim oriented offense. Upon the filing	12430
of the motion, the court shall set a tentative date for a hearing	12431
on the motion that is not later than one hundred eighty days from	12432
the date the motion is filed unless good cause exists to hold the	12433
hearing at a later date and shall notify the eligible offender and	12434
the prosecutor of the date, time, and place of the hearing. The	12435
court shall then forward a copy of the motion and its supporting	12436
documentation to the court's probation department or another	12437
appropriate agency to investigate the merits of the motion. The	12438
probation department or agency shall submit a written report	12439
detailing its investigation to the court within sixty days of	12440
receiving the motion and supporting documentation.	12441

Upon receipt of the written report from the probation	12442
department or other appropriate agency, the court shall forward a	12443
copy of the motion, supporting documentation, and the written	12444
report to the prosecutor.	12445

(F)(1) After the prosecutor is served with a copy of the	12446
motion as described in division (E) of this section, the	12447
prosecutor shall notify the victim of any offense for which the	12448
eligible offender is requesting a termination of duties under	12449
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	12450
Code. The victim may submit a written statement to the prosecutor	12451
regarding any knowledge the victim has of the eligible offender's	12452
conduct while subject to the duties imposed by sections 2950.04,	12453
2950.041, 2950.05, and 2950.06 of the Revised Code.	12454

(2) At least seven days before the hearing date, the	12455
prosecutor may file an objection to the motion with the court and	12456
serve a copy of the objection to the motion to the eligible	12457
offender or the eligible offender's attorney.	12458

(G) In addition to the evidence that accompanies the motion	12459
described in division (D) of this section and the written report	12460
submitted pursuant to division (E) of this section, in determining	12461
whether to grant a motion made under division (B) of this section,	12462
the court may consider any other evidence the court considers	12463
relevant, including, but not limited to, evidence of the following	12464
while the eligible offender has been subject to the duties imposed	12465
under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	12466
Revised Code:	12467

(1) Whether the eligible offender's driver's license,	12468
commercial driver's license, temporary instruction permit,	12469
probationary license, or nonresident operating privilege has ever	12470
been suspended;	12471

(2) Whether the eligible offender has maintained financial	12472
responsibility for a motor vehicle as required by section 4509.101	12473
of the Revised Code;	12474

(3) Whether the eligible offender has satisfied any child or	12475
spousal support obligations, if applicable;	12476

(4) Whether the eligible offender has paid all local, state,	12477
and federal income taxes, and has timely filed all associated	12478
income tax returns, as required by local, state, or federal law;	12479

(5) Whether there is evidence that the eligible offender has	12480
adequately addressed sex offending or child-victim offending	12481
behaviors;	12482

(6) Whether the eligible offender has maintained a residence	12483
for a substantial period of time;	12484

(7) Whether the eligible offender has maintained employment	12485
or, if the eligible offender has not been employed while under a	12486
duty to comply with sections 2950.04, 2950.041, 2950.05, and	12487
2950.06 of the Revised Code, whether the eligible offender has	12488
satisfied the offender's financial obligations through other	12489
manners of support such as disability payments, a pension, spousal	12490
or child support, or scholarships or grants;	12491

(8) Whether the eligible offender has adequately addressed	12492
any drug or alcohol abuse or addiction;	12493

(9) Letters of reference;

12494

(10) Documentation of the eligible offender's service to the	12495
community or to specific individuals in need.	12496

(H)(1) The court, without a hearing, may issue an order	12497
denying the eligible offender's motion to terminate the eligible	12498
offender's duty to comply with sections 2950.04, 2950.041,	12499
2950.05, and 2950.06 of the Revised Code if the court, based on	12500
the evidence submitted with the motion pursuant to division (D) of	12501
this section and the written report submitted pursuant to division	12502
(E) of this section and after considering the factors described in	12503
division (G) of this section, finds that those duties should not	12504
be terminated.	12505

(2) If the prosecutor does not file an objection to the	12506
eligible offender's application as provided in division (F)(2) of	12507
this section, the court, without a hearing, may issue an order	12508
that terminates the eligible offender's duty to comply with	12509
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	12510
Code if the court, based on the evidence submitted with the motion	12511
pursuant to division (D) of this section and the written report	12512
submitted pursuant to division (E) of this section and after	12513
considering the factors described in division (G) of this section,	12514
finds that those duties should be terminated.	12515

(3) If the court does not issue an order under division	12516
(H)(1) or (2) of this section, the court shall hold a hearing to	12517
determine whether to grant or deny the motion. At the hearing, the	12518
Rules of Civil Procedure or, if the hearing is in a juvenile	12519
court, the Rules of Juvenile Procedure apply, except to the extent	12520
that those Rules would by their nature be clearly inapplicable. At	12521
the hearing, the eligible offender has the burden of going forward	12522
with the evidence and the burden of proof by a preponderance of	12523
the evidence. If, after considering the evidence submitted with	12524
the motion pursuant to division (D) of this section, the written	12525
report submitted pursuant to division (E) of this section, and the	12526
factors described in division (G) of this section, the court finds	12527
that the eligible offender has satisfied the burden of proof, the	12528
court shall issue an order that terminates the eligible offender's	12529
duty to comply with sections 2950.04, 2950.041, 2950.05, and	12530
2950.06 of the Revised Code. If the court finds that the eligible	12531
offender has not satisfied the burden of proof, the court shall	12532
issue an order denying the motion.	12533

(4)(a) The court shall provide prompt notice of its order	12534
issued pursuant to division (H)(1), (2), or (3) of this section to	12535
the eligible offender or the eligible offender's attorney.	12536

(b) If the court issues an order terminating the eligible	12537
offender's duty to comply with sections 2950.04, 2950.041,	12538
2950.05, and 2950.06 of the Revised Code, the court shall promptly	12539
forward a copy of the order to the bureau of criminal	12540
identification and investigation. Upon receipt of the order, the	12541
bureau shall update all records pertaining to the eligible	12542
offender to reflect the termination order. The bureau also shall	12543
notify every sheriff with whom the eligible offender has most	12544
recently registered under section 2950.04, 2950.041, or 2950.05 of	12545
the Revised Code of the termination order.	12546

(c) If the court issues an order terminating the eligible	12547
offender's duty to comply with sections 2950.04, 2950.041,	12548
2950.05, and 2950.06 of the Revised Code, the court shall promptly	12549
forward a copy of the order to any court that sentenced the	12550
offender or adjudicated the child a delinquent child for a	12551
sexually oriented offense or child-victim oriented offense that is	12552
the basis of the termination order. The court that receives this	12553
notice shall retain a copy of the order in the eligible offender's	12554
original case file.	12555

Sec. 2950.16.  By July 1, 2008, the department of	12556
rehabilitation and correction and the department of youth services	12557
shall adopt rules pertaining to the certification of sex offender	12558
and child-victim offender treatment programs. The rules shall	12559
include a requirement that the departments periodically inspect	12560
and certify sex offender and child-victim offender treatment	12561
programs. The rules shall also include a requirement that the	12562
departments maintain a list of certified sex offender and	12563
child-victim offender treatment programs that is open to public	12564
inspection.	12565

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	12566
of the Revised Code, a first offender may apply to the sentencing	12567
court if convicted in this state, or to a court of common pleas if	12568
convicted in another state or in a federal court, for the sealing	12569
of the conviction record. Application may be made at the	12570
expiration of three years after the offender's final discharge if	12571
convicted of a felony, or at the expiration of one year after the	12572
offender's final discharge if convicted of a misdemeanor.	12573

(2) Any person who has been arrested for any misdemeanor	12574
offense and who has effected a bail forfeiture may apply to the	12575
court in which the misdemeanor criminal case was pending when bail	12576
was forfeited for the sealing of the record of the case. Except as	12577
provided in section 2953.61 of the Revised Code, the application	12578
may be filed at any time after the expiration of one year from the	12579
date on which the bail forfeiture was entered upon the minutes of	12580
the court or the journal, whichever entry occurs first.	12581

(B) Upon the filing of an application under this section, the	12582
court shall set a date for a hearing and shall notify the	12583
prosecutor for the case of the hearing on the application. The	12584
prosecutor may object to the granting of the application by filing	12585
an objection with the court prior to the date set for the hearing.	12586
The prosecutor shall specify in the objection the reasons for	12587
believing a denial of the application is justified. The court	12588
shall direct its regular probation officer, a state probation	12589
officer, or the department of probation of the county in which the	12590
applicant resides to make inquiries and written reports as the	12591
court requires concerning the applicant.	12592

(C)(1) The court shall do each of the following:

12593

(a) Determine whether the applicant is a first offender or	12594
whether the forfeiture of bail was agreed to by the applicant and	12595
the prosecutor in the case. If the applicant applies as a first	12596
offender pursuant to division (A)(1) of this section and has two	12597
or three convictions that result from the same indictment,	12598
information, or complaint, from the same plea of guilty, or from	12599
the same official proceeding, and result from related criminal	12600
acts that were committed within a three-month period but do not	12601
result from the same act or from offenses committed at the same	12602
time, in making its determination under this division, the court	12603
initially shall determine whether it is not in the public interest	12604
for the two or three convictions to be counted as one conviction.	12605
If the court determines that it is not in the public interest for	12606
the two or three convictions to be counted as one conviction, the	12607
court shall determine that the applicant is not a first offender;	12608
if the court does not make that determination, the court shall	12609
determine that the offender is a first offender.	12610

(b) Determine whether criminal proceedings are pending	12611
against the applicant;	12612

(c) If the applicant is a first offender who applies pursuant	12613
to division (A)(1) of this section, determine whether the	12614
applicant has been rehabilitated to the satisfaction of the court;	12615

(d) If the prosecutor has filed an objection in accordance	12616
with division (B) of this section, consider the reasons against	12617
granting the application specified by the prosecutor in the	12618
objection;	12619

(e) Weigh the interests of the applicant in having the	12620
records pertaining to the applicant's conviction sealed against	12621
the legitimate needs, if any, of the government to maintain those	12622
records.	12623

(2) If the court determines, after complying with division	12624
(C)(1) of this section, that the applicant is a first offender or	12625
the subject of a bail forfeiture, that no criminal proceeding is	12626
pending against the applicant, and that the interests of the	12627
applicant in having the records pertaining to the applicant's	12628
conviction or bail forfeiture sealed are not outweighed by any	12629
legitimate governmental needs to maintain those records, and that	12630
the rehabilitation of an applicant who is a first offender	12631
applying pursuant to division (A)(1) of this section has been	12632
attained to the satisfaction of the court, the court, except as	12633
provided in division (G) of this section, shall order all official	12634
records pertaining to the case sealed and, except as provided in	12635
division (F) of this section, all index references to the case	12636
deleted and, in the case of bail forfeitures, shall dismiss the	12637
charges in the case. The proceedings in the case shall be	12638
considered not to have occurred and the conviction or bail	12639
forfeiture of the person who is the subject of the proceedings	12640
shall be sealed, except that upon conviction of a subsequent	12641
offense, the sealed record of prior conviction or bail forfeiture	12642
may be considered by the court in determining the sentence or	12643
other appropriate disposition, including the relief provided for	12644
in sections 2953.31 to 2953.33 of the Revised Code.	12645

(3) Upon the filing of an application under this section, the	12646
applicant, unless indigent, shall pay a fee of fifty dollars. The	12647
court shall pay thirty dollars of the fee into the state treasury.	12648
It shall pay twenty dollars of the fee into the county general	12649
revenue fund if the sealed conviction or bail forfeiture was	12650
pursuant to a state statute, or into the general revenue fund of	12651
the municipal corporation involved if the sealed conviction or	12652
bail forfeiture was pursuant to a municipal ordinance.	12653

(D) Inspection of the sealed records included in the order	12654
may be made only by the following persons or for the following	12655
purposes:	12656

(1) By a law enforcement officer or prosecutor, or the	12657
assistants of either, to determine whether the nature and	12658
character of the offense with which a person is to be charged	12659
would be affected by virtue of the person's previously having been	12660
convicted of a crime;	12661

(2) By the parole or probation officer of the person who is	12662
the subject of the records, for the exclusive use of the officer	12663
in supervising the person while on parole or under a community	12664
control sanction or a post-release control sanction, and in making	12665
inquiries and written reports as requested by the court or adult	12666
parole authority;	12667

(3) Upon application by the person who is the subject of the	12668
records, by the persons named in the application;	12669

(4) By a law enforcement officer who was involved in the	12670
case, for use in the officer's defense of a civil action arising	12671
out of the officer's involvement in that case;	12672

(5) By a prosecuting attorney or the prosecuting attorney's	12673
assistants, to determine a defendant's eligibility to enter a	12674
pre-trial diversion program established pursuant to section	12675
2935.36 of the Revised Code;	12676

(6) By any law enforcement agency or any authorized employee	12677
of a law enforcement agency or by the department of rehabilitation	12678
and correction as part of a background investigation of a person	12679
who applies for employment with the agency as a law enforcement	12680
officer or with the department as a corrections officer;	12681

(7) By any law enforcement agency or any authorized employee	12682
of a law enforcement agency, for the purposes set forth in, and in	12683
the manner provided in, section 2953.321 of the Revised Code;	12684

(8) By the bureau of criminal identification and	12685
investigation or any authorized employee of the bureau for the	12686
purpose of providing information to a board or person pursuant to	12687
division (F) or (G) of section 109.57 of the Revised Code;	12688

(9) By the bureau of criminal identification and	12689
investigation or any authorized employee of the bureau for the	12690
purpose of performing a criminal history records check on a person	12691
to whom a certificate as prescribed in section 109.77 of the	12692
Revised Code is to be awarded;	12693

(10) By the bureau of criminal identification and	12694
investigation, an authorized employee of the bureau, a sheriff, or	12695
an authorized employee of a sheriff in connection with a criminal	12696
records check described in section 311.41 of the Revised Code;	12697

(11) By the attorney general or an authorized employee of the	12698
attorney general or a court for purposes of determining a person's	12699
classification pursuant to Chapter 2950. of the Revised Code.	12700

When the nature and character of the offense with which a	12701
person is to be charged would be affected by the information, it	12702
may be used for the purpose of charging the person with an	12703
offense.	12704

(E) In any criminal proceeding, proof of any otherwise	12705
admissible prior conviction may be introduced and proved,	12706
notwithstanding the fact that for any such prior conviction an	12707
order of sealing previously was issued pursuant to sections	12708
2953.31 to 2953.36 of the Revised Code.	12709

(F) The person or governmental agency, office, or department	12710
that maintains sealed records pertaining to convictions or bail	12711
forfeitures that have been sealed pursuant to this section may	12712
maintain a manual or computerized index to the sealed records. The	12713
index shall contain only the name of, and alphanumeric identifiers	12714
that relate to, the persons who are the subject of the sealed	12715
records, the word "sealed," and the name of the person, agency,	12716
office, or department that has custody of the sealed records, and	12717
shall not contain the name of the crime committed. The index shall	12718
be made available by the person who has custody of the sealed	12719
records only for the purposes set forth in divisions (C), (D), and	12720
(E) of this section.	12721

(G) Notwithstanding any provision of this section or section	12722
2953.33 of the Revised Code that requires otherwise, a board of	12723
education of a city, local, exempted village, or joint vocational	12724
school district that maintains records of an individual who has	12725
been permanently excluded under sections 3301.121 and 3313.662 of	12726
the Revised Code is permitted to maintain records regarding a	12727
conviction that was used as the basis for the individual's	12728
permanent exclusion, regardless of a court order to seal the	12729
record. An order issued under this section to seal the record of a	12730
conviction does not revoke the adjudication order of the	12731
superintendent of public instruction to permanently exclude the	12732
individual who is the subject of the sealing order. An order	12733
issued under this section to seal the record of a conviction of an	12734
individual may be presented to a district superintendent as	12735
evidence to support the contention that the superintendent should	12736
recommend that the permanent exclusion of the individual who is	12737
the subject of the sealing order be revoked. Except as otherwise	12738
authorized by this division and sections 3301.121 and 3313.662 of	12739
the Revised Code, any school employee in possession of or having	12740
access to the sealed conviction records of an individual that were	12741
the basis of a permanent exclusion of the individual is subject to	12742
section 2953.35 of the Revised Code.	12743

Sec. 2967.12.  (A) Except as provided in division (G) of this	12744
section, at least three weeks before the adult parole authority	12745
recommends any pardon or commutation of sentence, or grants any	12746
parole, the authority shall send a notice of the pendency of the	12747
pardon, commutation, or parole, setting forth the name of the	12748
person on whose behalf it is made, the offense of which the person	12749
was convicted or to which the person pleaded guilty, the time of	12750
conviction or the guilty plea, and the term of the person's	12751
sentence, to the prosecuting attorney and the judge of the court	12752
of common pleas of the county in which the indictment against the	12753
person was found. If there is more than one judge of that court of	12754
common pleas, the authority shall send the notice to the presiding	12755
judge. The department of rehabilitation and correction, at the	12756
same time that it provides the notice to the prosecuting attorney	12757
and judge under this division, also shall post on the database it	12758
maintains pursuant to section 5120.66 of the Revised Code the	12759
offender's name and all of the information specified in division	12760
(A)(1)(c)(iii) of that section.	12761

(B) If a request for notification has been made pursuant to	12762
section 2930.16 of the Revised Code, the adult parole authority	12763
also shall give notice to the victim or the victim's	12764
representative prior to recommending any pardon or commutation of	12765
sentence for, or granting any parole to, the person. The authority	12766
shall provide the notice at the same time as the notice required	12767
by division (A) of this section and shall include in the notice	12768
the information required to be set forth in that notice. The	12769
notice also shall inform the victim or the victim's representative	12770
that the victim or representative may send a written statement	12771
relative to the victimization and the pending action to the adult	12772
parole authority and that, if the authority receives any written	12773
statement prior to recommending a pardon or commutation or	12774
granting a parole for a person, the authority will consider the	12775
statement before it recommends a pardon or commutation or grants a	12776
parole. If the person is being considered for parole, the notice	12777
shall inform the victim or the victim's representative that a full	12778
board hearing of the parole board may be held and that the victim	12779
or victim's representative may contact the office of victims'	12780
services for further information. If the person being considered	12781
for parole was convicted of or pleaded guilty to violating section	12782
2903.01 or 2903.02 of the Revised Code, the notice shall inform	12783
the victim of that offense, the victim's representative, or a	12784
member of the victim's immediate family that the victim, the	12785
victim's representative, and the victim's immediate family have	12786
the right to give testimony at a full board hearing of the parole	12787
board and that the victim or victim's representative may contact	12788
the office of victims' services for further information. As used	12789
in this division, "the victim's immediate family" means the	12790
mother, father, spouse, sibling, or child of the victim.	12791

(C) When notice of the pendency of any pardon, commutation of	12792
sentence, or parole has been given to a judge or prosecutor or	12793
posted on the database as provided in division (A) of this section	12794
and a hearing on the pardon, commutation, or parole is continued	12795
to a date certain, the authority shall provide notice of the	12796
further consideration of the pardon, commutation, or parole at	12797
least ten days before the further consideration. The notice of the	12798
further consideration shall be provided to the proper judge and	12799
prosecuting attorney by mail at least ten days before the further	12800
consideration, and, if the initial notice was posted on the	12801
database as provided in division (A) of this section, the notice	12802
of the further consideration shall be posted on the database at	12803
least ten days before the further consideration. When notice of	12804
the pendency of any pardon, commutation, or parole has been given	12805
as provided in division (B) of this section and the hearing on it	12806
is continued to a date certain, the authority shall give notice of	12807
the further consideration to the victim or the victim's	12808
representative in accordance with section 2930.03 of the Revised	12809
Code.	12810

(D) In case of an application for the pardon or commutation	12811
of sentence of a person sentenced to capital punishment, the	12812
governor may modify the requirements of notification and	12813
publication if there is not sufficient time for compliance with	12814
the requirements before the date fixed for the execution of	12815
sentence.	12816

(E) If an offender is serving a prison term imposed under	12817
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	12818
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	12819
Revised Code and if the parole board terminates its control over	12820
the offender's service of that term pursuant to section 2971.04 of	12821
the Revised Code, the parole board immediately shall provide	12822
written notice of its termination of control or the transfer of	12823
control to the entities and persons specified in section 2971.04	12824
of the Revised Code.	12825

(F) The failure of the adult parole authority to comply with	12826
the notice or posting provisions of division (A), (B), or (C) of	12827
this section or the failure of the parole board to comply with the	12828
notice provisions of division (E) of this section do not give any	12829
rights or any grounds for appeal or post-conviction relief to the	12830
person serving the sentence.	12831

(G) Divisions (A), (B), and (C) of this section do not apply	12832
to any release of a person that is of the type described in	12833
division (B)(2)(b) of section 5120.031 of the Revised Code.	12834

(H) In addition to and independent of the right of a victim	12835
to make a statement as described in division (A) of this section	12836
or pursuant to section 2930.17 of the Revised Code or to otherwise	12837
make a statement, the authority for a judge or prosecuting	12838
attorney to furnish statements and information, make	12839
recommendations, and give testimony as described in division (A)	12840
of this section, the right of a prosecuting attorney, judge, or	12841
victim to give testimony or submit a statement at a full parole	12842
board hearing pursuant to section 5149.101 of the Revised Code,	12843
and any other right or duty of a person to present information or	12844
make a statement, any person may send to the adult parole	12845
authority at any time prior to the authority's recommending a	12846
pardon or commutation or granting a parole for the offender a	12847
written statement relative to the offense and the pending action.	12848

Sec. 2967.121.  (A) Subject to division (C) of this section,	12849
at least two weeks before any convict who is serving a sentence	12850
for committing a felony of the first, second, or third degree is	12851
released from confinement in any state correctional institution	12852
pursuant to a pardon, commutation of sentence, parole, or	12853
completed prison term, the adult parole authority shall send	12854
notice of the release to the prosecuting attorney of the county in	12855
which the indictment of the convict was found.	12856

(B) The notice required by division (A) of this section may	12857
be contained in a weekly list of all felons of the first, second,	12858
or third degree who are scheduled for release. The notice shall	12859
contain all of the following:	12860

(1) The name of the convict being released;

12861

(2) The date of the convict's release;

12862

(3) The offense for the violation of which the convict was	12863
convicted and incarcerated;	12864

(4) The date of the convict's conviction pursuant to which	12865
the convict was incarcerated;	12866

(5) The sentence imposed for that conviction;

12867

(6) The length of any supervision that the convict will be	12868
under;	12869

(7) The name, business address, and business phone number of	12870
the convict's supervising officer;	12871

(8) The address at which the convict will reside.

12872

(C) Divisions (A) and (B) of this section do not apply to the	12873
release from confinement of an offender if the offender is serving	12874
a prison term imposed under division (A)(3), (B)(1)(a), (b), or	12875
(c), or (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of	12876
section 2971.03 of the Revised Code, if the court pursuant to	12877
section 2971.05 of the Revised Code modifies the requirement that	12878
the offender serve that entire term in a state correctional	12879
institution, and if the release from confinement is pursuant to	12880
that modification. In a case of that type, the court that modifies	12881
the requirement promptly shall provide written notice of the	12882
modification and the order that modifies the requirement or	12883
revises the modification to the offender, the department of	12884
rehabilitation and correction, the prosecuting attorney, and any	12885
state agency or political subdivision that is affected by the	12886
order.	12887

Sec. 2971.01.  As used in this chapter:

12888

(A) "Mandatory prison term" has the same meaning as in	12889
section 2929.01 of the Revised Code.	12890

(B) "Designated homicide, assault, or kidnapping offense"	12891
means any of the following:	12892

(1) A violation of section 2903.01, 2903.02, 2903.11, or	12893
2905.01 of the Revised Code or a violation of division (A) of	12894
section 2903.04 of the Revised Code;	12895

(2) An attempt to commit or complicity in committing a	12896
violation listed in division (B)(1) of this section, if the	12897
attempt or complicity is a felony.	12898

(C) "Examiner" has the same meaning as in section 2945.371 of	12899
the Revised Code.	12900

(D) "Peace officer" has the same meaning as in section	12901
2935.01 of the Revised Code.	12902

(E) "Prosecuting attorney" means the prosecuting attorney who	12903
prosecuted the case of the offender in question or the successor	12904
in office to that prosecuting attorney.	12905

(F) "Sexually oriented offense" and "child-victim oriented	12906
offense" have the same meanings as in section 2950.01 of the	12907
Revised Code.	12908

(G) "Sexually violent offense" means any of the following:

12909

(1) A violent sex offense;

12910

(2) A designated homicide, assault, or kidnapping offense	12911
that the offender commits with a sexual motivation.	12912

(H)(1) "Sexually violent predator" means a person who, on or	12913
after January 1, 1997, commits a sexually violent offense and is	12914
likely to engage in the future in one or more sexually violent	12915
offenses.	12916

(2) For purposes of division (H)(1) of this section, any of	12917
the following factors may be considered as evidence tending to	12918
indicate that there is a likelihood that the person will engage in	12919
the future in one or more sexually violent offenses:	12920

(a) The person has been convicted two or more times, in	12921
separate criminal actions, of a sexually oriented offense or a	12922
child-victim oriented offense. For purposes of this division,	12923
convictions that result from or are connected with the same act or	12924
result from offenses committed at the same time are one	12925
conviction, and a conviction set aside pursuant to law is not a	12926
conviction.	12927

(b) The person has a documented history from childhood, into	12928
the juvenile developmental years, that exhibits sexually deviant	12929
behavior.	12930

(c) Available information or evidence suggests that the	12931
person chronically commits offenses with a sexual motivation.	12932

(d) The person has committed one or more offenses in which	12933
the person has tortured or engaged in ritualistic acts with one or	12934
more victims.	12935

(e) The person has committed one or more offenses in which	12936
one or more victims were physically harmed to the degree that the	12937
particular victim's life was in jeopardy.	12938

(f) Any other relevant evidence.

12939

(I) "Sexually violent predator specification" means a	12940
specification, as described in section 2941.148 of the Revised	12941
Code, that charges that a person charged with a violent sex	12942
offense, or a person charged with a designated homicide, assault,	12943
or kidnapping offense and a sexual motivation specification, is a	12944
sexually violent predator.	12945

(J) "Sexual motivation" means a purpose to gratify the sexual	12946
needs or desires of the offender.	12947

(K) "Sexual motivation specification" means a specification,	12948
as described in section 2941.147 of the Revised Code, that charges	12949
that a person charged with a designated homicide, assault, or	12950
kidnapping offense committed the offense with a sexual motivation.	12951

(L) "Violent sex offense" means any of the following:

12952

(1) A violation of section 2907.02, 2907.03, or 2907.12 or of	12953
division (A)(4) or (B) of section 2907.05 of the Revised Code;	12954

(2) A felony violation of a former law of this state that is	12955
substantially equivalent to a violation listed in division (L)(1)	12956
of this section or of an existing or former law of the United	12957
States or of another state that is substantially equivalent to a	12958
violation listed in division (L)(1) of this section;	12959

(3) An attempt to commit or complicity in committing a	12960
violation listed in division (L)(1) or (2) of this section if the	12961
attempt or complicity is a felony.	12962

Sec. 2971.03.  (A) Notwithstanding divisions (A), (B), (C),	12963
and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06,	12964
2929.13, or another section of the Revised Code, other than	12965
divisions (D) and (E) of section 2929.14 of the Revised Code, that	12966
authorizes or requires a specified prison term or a mandatory	12967
prison term for a person who is convicted of or pleads guilty to a	12968
felony or that specifies the manner and place of service of a	12969
prison term or term of imprisonment, the court shall impose a	12970
sentence upon a person who is convicted of or pleads guilty to a	12971
violent sex offense and who also is convicted of or pleads guilty	12972
to a sexually violent predator specification that was included in	12973
the indictment, count in the indictment, or information charging	12974
that offense, and upon a person who is convicted of or pleads	12975
guilty to a designated homicide, assault, or kidnapping offense	12976
and also is convicted of or pleads guilty to both a sexual	12977
motivation specification and a sexually violent predator	12978
specification that were included in the indictment, count in the	12979
indictment, or information charging that offense, as follows:	12980

(1) If the offense for which the sentence is being imposed is	12981
aggravated murder and if the court does not impose upon the	12982
offender a sentence of death, it shall impose upon the offender a	12983
term of life imprisonment without parole. If the court sentences	12984
the offender to death and the sentence of death is vacated,	12985
overturned, or otherwise set aside, the court shall impose upon	12986
the offender a term of life imprisonment without parole.	12987

(2) If the offense for which the sentence is being imposed is	12988
murder; or if the offense is rape committed in violation of	12989
division (A)(1)(b) of section 2907.02 of the Revised Code when the	12990
offender purposely compelled the victim to submit by force or	12991
threat of force, when the victim was less than ten years of age,	12992
when the offender previously has been convicted of or pleaded	12993
guilty to either rape committed in violation of that division or a	12994
violation of an existing or former law of this state, another	12995
state, or the United States that is substantially similar to	12996
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	12997
the offender during or immediately after the commission of the	12998
rape caused serious physical harm to the victim; or if the offense	12999
is an offense other than aggravated murder or murder for which a	13000
term of life imprisonment may be imposed, it shall impose upon the	13001
offender a term of life imprisonment without parole.	13002

(3)(a) Except as otherwise provided in division (A)(3)(b),	13003
(c), (d), or (e) or (A)(4) of this section, if the offense for	13004
which the sentence is being imposed is an offense other than	13005
aggravated murder, murder, or rape and other than an offense for	13006
which a term of life imprisonment may be imposed, it shall impose	13007
an indefinite prison term consisting of a minimum term fixed by	13008
the court from among the range of terms available as a definite	13009
term for the offense, but not less than two years, and a maximum	13010
term of life imprisonment.	13011

(b) Except as otherwise provided in division (A)(4) of this	13012
section, if the offense for which the sentence is being imposed is	13013
kidnapping that is a felony of the first degree, it shall impose	13014
an indefinite prison term as follows:	13015

(i) If the kidnapping is committed on or after the effective	13016
date of this amendment and the victim of the offense is less than	13017
thirteen years of age, except as otherwise provided in this	13018
division, it shall impose an indefinite prison term consisting of	13019
a minimum term of fifteen years and a maximum term of life	13020
imprisonment. If the kidnapping is committed on or after the	13021
effective date of this amendment, the victim of the offense is	13022
less than thirteen years of age, and the offender released the	13023
victim in a safe place unharmed, it shall impose an indefinite	13024
prison term consisting of a minimum term of ten years and a	13025
maximum term of life imprisonment.	13026

(ii) If the kidnapping is committed prior to the effective	13027
date of this amendment or division (A)(3)(b)(i) of this section	13028
does not apply, it shall impose an indefinite term consisting of a	13029
minimum term fixed by the court that is not less than ten years,	13030
and a maximum term of life imprisonment.	13031

(c) Except as otherwise provided in division (A)(4) of this	13032
section, if the offense for which the sentence is being imposed is	13033
kidnapping that is a felony of the second degree, it shall impose	13034
an indefinite prison term consisting of a minimum term fixed by	13035
the court that is not less than eight years, and a maximum term of	13036
life imprisonment.	13037

(d) Except as otherwise provided in division (A)(4) of this	13038
section, if the offense for which the sentence is being imposed is	13039
rape for which a term of life imprisonment is not imposed under	13040
division (A)(2) of this section or division (B) of section 2907.02	13041
of the Revised Code, it shall impose an indefinite prison term as	13042
follows:	13043

(i) If the rape is committed on or after the effective date	13044
of this amendmentJanuary 2, 2007, in violation of division	13045
(A)(1)(b) of section 2907.02 of the Revised Code, it shall impose	13046
an indefinite prison term consisting of a minimum term of	13047
twenty-five years and a maximum term of life imprisonment.	13048

(ii) If the rape is committed prior to the effective date of	13049
this amendmentJanuary 2, 2007, or the rape is committed on or	13050
after the effective date of this amendmentJanuary 2, 2007, other	13051
than in violation of division (A)(1)(b) of section 2907.02 of the	13052
Revised Code, it shall impose an indefinite prison term consisting	13053
of a minimum term fixed by the court that is not less than ten	13054
years, and a maximum term of life imprisonment.	13055

(e) Except as otherwise provided in division (A)(4) of this	13056
section, if the offense for which sentence is being imposed is	13057
attempted rape, it shall impose an indefinite prison term as	13058
follows:	13059

(i) Except as otherwise provided in division (A)(3)(e)(ii),	13060
(iii), or (iv) of this section, it shall impose an indefinite	13061
prison term pursuant to division (A)(3)(a) of this section.	13062

(ii) If the attempted rape for which sentence is being	13063
imposed was committed on or after the effective date of this	13064
amendmentJanuary 2, 2007, and if the offender also is convicted	13065
of or pleads guilty to a specification of the type described in	13066
section 2941.1418 of the Revised Code, it shall impose an	13067
indefinite prison term consisting of a minimum term of five years	13068
and a maximum term of twenty-five years.	13069

(iii) If the attempted rape for which sentence is being	13070
imposed was committed on or after the effective date of this	13071
amendmentJanuary 2, 2007, and if the offender also is convicted	13072
of or pleads guilty to a specification of the type described in	13073
section 2941.1419 of the Revised Code, it shall impose an	13074
indefinite prison term consisting of a minimum term of ten years	13075
and a maximum of life imprisonment.	13076

(iv) If the attempted rape for which sentence is being	13077
imposed was committed on or after the effective date of this	13078
amendmentJanuary 2, 2007, and if the offender also is convicted	13079
of or pleads guilty to a specification of the type described in	13080
section 2941.1420 of the Revised Code, it shall impose an	13081
indefinite prison term consisting of a minimum term of fifteen	13082
years and a maximum of life imprisonment.	13083

(4) For any offense for which the sentence is being imposed,	13084
if the offender previously has been convicted of or pleaded guilty	13085
to a violent sex offense and also to a sexually violent predator	13086
specification that was included in the indictment, count in the	13087
indictment, or information charging that offense, or previously	13088
has been convicted of or pleaded guilty to a designated homicide,	13089
assault, or kidnapping offense and also to both a sexual	13090
motivation specification and a sexually violent predator	13091
specification that were included in the indictment, count in the	13092
indictment, or information charging that offense, it shall impose	13093
upon the offender a term of life imprisonment without parole.	13094

(B)(1) Notwithstanding section 2929.13, division (A), (B),	13095
(C), or (F) of section 2929.14, or another section of the Revised	13096
Code other than division (B) of section 2907.02 or divisions (D)	13097
and (E) of section 2929.14 of the Revised Code that authorizes or	13098
requires a specified prison term or a mandatory prison term for a	13099
person who is convicted of or pleads guilty to a felony or that	13100
specifies the manner and place of service of a prison term or term	13101
of imprisonment, if a person is convicted of or pleads guilty to a	13102
violation of division (A)(1)(b) of section 2907.02 of the Revised	13103
Code committed on or after the effective date of this amendment	13104
January 2, 2007, if division (A) of this section does not apply	13105
regarding the person, and if the court does not impose a sentence	13106
of life without parole when authorized pursuant to division (B) of	13107
section 2907.02 of the Revised Code, the court shall impose upon	13108
the person an indefinite prison term consisting of one of the	13109
following:	13110

(a) Except as otherwise required in division (B)(1)(b) or (c)	13111
of this section, a minimum term of ten years and a maximum term of	13112
life imprisonment.	13113

(b) If the victim was less than ten years of age, a minimum	13114
term of fifteen years and a maximum of life imprisonment.	13115

(c) If the offender purposely compels the victim to submit by	13116
force or threat of force, or if the offender previously has been	13117
convicted of or pleaded guilty to violating division (A)(1)(b) of	13118
section 2907.02 of the Revised Code or to violating an existing or	13119
former law of this state, another state, or the United States that	13120
is substantially similar to division (A)(1)(b) of that section, or	13121
if the offender during or immediately after the commission of the	13122
offense caused serious physical harm to the victim, a minimum term	13123
of twenty-five years and a maximum of life imprisonment.	13124

(2) Notwithstanding section 2929.13, division (A), (B), (C),	13125
or (F) of section 2929.14, or another section of the Revised Code	13126
other than divisions (D) and (E) of section 2929.14 of the Revised	13127
Code that authorizes or requires a specified prison term or a	13128
mandatory prison term for a person who is convicted of or pleads	13129
guilty to a felony or that specifies the manner and place of	13130
service of a prison term or term of imprisonment and except as	13131
otherwise provided in division (B) of section 2907.02 of the	13132
Revised Code, if a person is convicted of or pleads guilty to	13133
attempted rape committed on or after the effective date of this	13134
amendmentJanuary 2, 2007, and if division (A) of this section	13135
does not apply regarding the person, the court shall impose upon	13136
the person an indefinite prison term consisting of one of the	13137
following:	13138

(a) If the person also is convicted of or pleads guilty to a	13139
specification of the type described in section 2941.1418 of the	13140
Revised Code, the court shall impose upon the person an indefinite	13141
prison term consisting of a minimum term of five years and a	13142
maximum term of twenty-five years.	13143

(b) If the person also is convicted of or pleads guilty to a	13144
specification of the type described in section 2941.1419 of the	13145
Revised Code, the court shall impose upon the person an indefinite	13146
prison term consisting of a minimum term of ten years and a	13147
maximum term of life imprisonment.	13148

(c) If the person also is convicted of or pleads guilty to a	13149
specification of the type described in section 2941.1420 of the	13150
Revised Code, the court shall impose upon the person an indefinite	13151
prison term consisting of a minimum term of fifteen years and a	13152
maximum term of life imprisonment.	13153

(3) Notwithstanding section 2929.13, division (A), (B), (C),	13154
or (F) of section 2929.14, or another section of the Revised Code	13155
other than divisions (D) and (E) of section 2929.14 of the Revised	13156
Code that authorizes or requires a specified prison term or a	13157
mandatory prison term for a person who is convicted of or pleads	13158
guilty to a felony or that specifies the manner and place of	13159
service of a prison term or term of imprisonment, if a person is	13160
convicted of or pleads guilty to an offense described in division	13161
(B)(3)(a), (b), (c), or (d) of this section committed on or after	13162
the effective date of this amendment, if the person also is	13163
convicted of or pleads guilty to a sexual motivation specification	13164
that was included in the indictment, count in the indictment, or	13165
information charging that offense, and if division (A) of this	13166
section does not apply regarding the person, the court shall	13167
impose upon the person an indefinite prison term consisting of one	13168
of the following:	13169

(a) An indefinite prison term consisting of a minimum of ten	13170
years and a maximum term of life imprisonment if the offense for	13171
which the sentence is being imposed is kidnapping, the victim of	13172
the offense is less than thirteen years of age, and the offender	13173
released the victim in a safe place unharmed;	13174

(b) An indefinite prison term consisting of a minimum of	13175
fifteen years and a maximum term of life imprisonment if the	13176
offense for which the sentence is being imposed is kidnapping when	13177
the victim of the offense is less than thirteen years of age and	13178
division (B)(3)(a) of this section does not apply;	13179

(c) An indefinite term consisting of a minimum of thirty	13180
years and a maximum term of life imprisonment if the offense for	13181
which the sentence is being imposed is aggravated murder, when the	13182
victim of the offense is less than thirteen years of age, a	13183
sentence of death or life imprisonment without parole is not	13184
imposed for the offense, and division (A)(2)(b)(ii) of section	13185
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	13186
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	13187
division (A) or (B) of section 2929.06 of the Revised Code	13188
requires that the sentence for the offense be imposed pursuant to	13189
this division;	13190

(d) An indefinite prison term consisting of a minimum of	13191
thirty years and a maximum term of life imprisonment if the	13192
offense for which the sentence is being imposed is murder when the	13193
victim of the offense is less than thirteen years of age.	13194

(C)(1) If the offender is sentenced to a prison term pursuant	13195
to division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	13196
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	13197
board shall have control over the offender's service of the term	13198
during the entire term unless the parole board terminates its	13199
control in accordance with section 2971.04 of the Revised Code.	13200

(2) Except as provided in division (C)(3) of this section, an	13201
offender sentenced to a prison term or term of life imprisonment	13202
without parole pursuant to division (A) of this section shall	13203
serve the entire prison term or term of life imprisonment in a	13204
state correctional institution. The offender is not eligible for	13205
judicial release under section 2929.20 of the Revised Code.	13206

(3) For a prison term imposed pursuant to division (A)(3),	13207
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	13208
(c), or (d) of this section, the court, in accordance with section	13209
2971.05 of the Revised Code, may terminate the prison term or	13210
modify the requirement that the offender serve the entire term in	13211
a state correctional institution if all of the following apply:	13212

(a) The offender has served at least the minimum term imposed	13213
as part of that prison term.	13214

(b) The parole board, pursuant to section 2971.04 of the	13215
Revised Code, has terminated its control over the offender's	13216
service of that prison term.	13217

(c) The court has held a hearing and found, by clear and	13218
convincing evidence, one of the following:	13219

(i) In the case of termination of the prison term, that the	13220
offender is unlikely to commit a sexually violent offense in the	13221
future;	13222

(ii) In the case of modification of the requirement, that the	13223
offender does not represent a substantial risk of physical harm to	13224
others.	13225

(4) An offender who has been sentenced to a term of life	13226
imprisonment without parole pursuant to division (A)(1), (2), or	13227
(4) of this section shall not be released from the term of life	13228
imprisonment or be permitted to serve a portion of it in a place	13229
other than a state correctional institution.	13230

(D) If a court sentences an offender to a prison term or term	13231
of life imprisonment without parole pursuant to division (A) of	13232
this section and the court also imposes on the offender one or	13233
more additional prison terms pursuant to division (D) of section	13234
2929.14 of the Revised Code, all of the additional prison terms	13235
shall be served consecutively with, and prior to, the prison term	13236
or term of life imprisonment without parole imposed upon the	13237
offender pursuant to division (A) of this section.	13238

(E) If the offender is convicted of or pleads guilty to two	13239
or more offenses for which a prison term or term of life	13240
imprisonment without parole is required to be imposed pursuant to	13241
division (A) of this section, divisions (A) to (D) of this section	13242
shall be applied for each offense. All minimum terms imposed upon	13243
the offender pursuant to division (A)(3) or (B) of this section	13244
for those offenses shall be aggregated and served consecutively,	13245
as if they were a single minimum term imposed under that division.	13246

(F)(1) If an offender is convicted of or pleads guilty to a	13247
violent sex offense and also is convicted of or pleads guilty to a	13248
sexually violent predator specification that was included in the	13249
indictment, count in the indictment, or information charging that	13250
offense, or is convicted of or pleads guilty to a designated	13251
homicide, assault, or kidnapping offense and also is convicted of	13252
or pleads guilty to both a sexual motivation specification and a	13253
sexually violent predator specification that were included in the	13254
indictment, count in the indictment, or information charging that	13255
offense, the conviction of or plea of guilty to the offense and	13256
the sexually violent predator specification automatically	13257
classifies the offender as a sexual predatortier III sex	13258
offender/child-victim offender for purposes of Chapter 2950. of	13259
the Revised Code. If	13260

(2) If an offender is convicted of or pleads guilty to	13261
committing on or after the effective date of this amendment	13262
January 2, 2007, a violation of division (A)(1)(b) of section	13263
2907.02 of the Revised Code and either the offender is sentenced	13264
under section 2971.03 of the Revised Code or a sentence of life	13265
without parole is imposed under division (B) of section 2907.02 of	13266
the Revised Code, the conviction of or plea of guilty to the	13267
offense automatically classifies the offender as a sexual predator	13268
tier III sex offender/child-victim offender for purposes of	13269
Chapter 2950. of the Revised Code. If	13270

(3) If a person is convicted of or pleads guilty to	13271
committing on or after the effective date of this amendment	13272
January 2, 2007, attempted rape and also is convicted of or pleads	13273
guilty to a specification of the type described in section	13274
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the	13275
conviction of or plea of guilty to the offense and the	13276
specification automatically classify the offender as a sexual	13277
predatortier III sex offender/child-victim offender for purposes	13278
of this chapterChapter 2950. of the Revised Code. The	13279
classification pursuant to this division of an offender as a	13280
sexual predator for purposes of Chapter 2950. of the Revised Code	13281
is permanent and continues until the offender's death as described	13282
in division (D)(2) of section 2950.09 of the Revised Code.	13283

(4) If a person is convicted of or pleads guilty to one of	13284
the offenses described in division (B)(3)(a), (b), (c), or (d) of	13285
this section and a sexual motivation specification related to the	13286
offense and the victim of the offense is less than thirteen years	13287
of age, the conviction of or plea of guilty to the offense	13288
automatically classifies the offender as a tier III sex	13289
offender/child-victim offender for purposes of Chapter 2950. of	13290
the Revised Code.	13291

Sec. 2971.04.  (A) If an offender is serving a prison term	13292
imposed under division (A)(3), (B)(1)(a), (b), or (c), or	13293
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	13294
2971.03 of the Revised Code, at any time after the offender has	13295
served the minimum term imposed under that sentence, the parole	13296
board may terminate its control over the offender's service of the	13297
prison term. The parole board initially shall determine whether to	13298
terminate its control over the offender's service of the prison	13299
term upon the completion of the offender's service of the minimum	13300
term under the sentence and shall make subsequent determinations	13301
at least once every two years after that first determination. The	13302
parole board shall not terminate its control over the offender's	13303
service of the prison term unless it finds at a hearing that the	13304
offender does not represent a substantial risk of physical harm to	13305
others. Prior to determining whether to terminate its control over	13306
the offender's service of the prison term, the parole board shall	13307
request the department of rehabilitation and correction to prepare	13308
pursuant to section 5120.61 of the Revised Code an update of the	13309
most recent risk assessment and report relative to the offender.	13310
The offender has the right to be present at any hearing held under	13311
this section. At the hearing, the offender and the prosecuting	13312
attorney may make a statement and present evidence as to whether	13313
the parole board should terminate its control over the offender's	13314
service of the prison term. In making its determination as to	13315
whether to terminate its control over the offender's service of	13316
the prison term, the parole board may follow the standards and	13317
guidelines adopted by the department of rehabilitation and	13318
correction under section 5120.49 of the Revised Code and shall	13319
consider the updated risk assessment and report relating to the	13320
offender prepared by the department pursuant to section 5120.61 of	13321
the Revised Code in response to the request made under this	13322
division and any statements or evidence submitted by the offender	13323
or the prosecuting attorney. If the parole board terminates its	13324
control over an offender's service of a prison term imposed under	13325
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	13326
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	13327
Revised Code, it shall recommend to the court modifications to the	13328
requirement that the offender serve the entire term in a state	13329
correctional institution. The court is not bound by the	13330
recommendations submitted by the parole board.	13331

(B) If the parole board terminates its control over an	13332
offender's service of a prison term imposed pursuant to division	13333
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or	13334
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	13335
Code, the parole board immediately shall provide written notice of	13336
its termination of control to the department of rehabilitation and	13337
correction, the court, and the prosecuting attorney, and, after	13338
the board's termination of its control, the court shall have	13339
control over the offender's service of that prison term.	13340

After the transfer, the court shall have control over the	13341
offender's service of that prison term for the offender's entire	13342
life, subject to the court's termination of the term pursuant to	13343
section 2971.05 of the Revised Code.	13344

(C) If control over the offender's service of the prison term	13345
is transferred to the court, all of the following apply:	13346

(1) The offender shall not be released solely as a result of	13347
the transfer of control over the service of that prison term.	13348

(2) The offender shall not be permitted solely as a result of	13349
the transfer to serve a portion of that term in a place other than	13350
a state correctional institution.	13351

(3) The offender shall continue serving that term in a state	13352
correctional institution, subject to the following:	13353

(a) A release pursuant to a pardon, commutation, or reprieve;

13354

(b) A modification or termination of the term by the court	13355
pursuant to this chapter.	13356

Sec. 2971.05.  (A)(1) After control over an offender's	13357
service of a prison term imposed pursuant to division (A)(3),	13358
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or (B)(3)(a),	13359
(b), (c), or (d) of section 2971.03 of the Revised Code has been	13360
transferred pursuant to section 2971.04 of the Revised Code to the	13361
court, the court shall schedule, within thirty days of any of the	13362
following, a hearing on whether to modify in accordance with	13363
division (C) of this section the requirement that the offender	13364
serve the entire prison term in a state correctional institution	13365
or to terminate the prison term in accordance with division (D) of	13366
this section:	13367

(a) Control over the offender's service of a prison term is	13368
transferred pursuant to section 2971.04 of the Revised Code to the	13369
court, and no hearing to modify the requirement has been held;	13370

(b) Two years elapse after the most recent prior hearing held	13371
pursuant to division (A)(1) or (2) of this section;	13372

(c) The prosecuting attorney, the department of	13373
rehabilitation and correction, or the adult parole authority	13374
requests the hearing, and recommends that the requirement be	13375
modified or that the offender's prison term be terminated.	13376

(2) After control over the offender's service of a prison	13377
term has been transferred pursuant to section 2971.04 of the	13378
Revised Code to the court, the court, within thirty days of either	13379
of the following, shall conduct a hearing on whether to modify in	13380
accordance with division (C) of this section the requirement that	13381
the offender serve the entire prison term in a state correctional	13382
institution, whether to continue, revise, or revoke an existing	13383
modification of that requirement, or whether to terminate the term	13384
in accordance with division (D) of this section:	13385

(a) The requirement that the offender serve the entire prison	13386
term in a state correctional institution has been modified, and	13387
the offender is taken into custody for any reason.	13388

(b) The department of rehabilitation and correction or the	13389
prosecuting attorney notifies the court pursuant to section	13390
2971.06 of the Revised Code regarding a known or suspected	13391
violation of a term or condition of the modification or a belief	13392
that there is a substantial likelihood that the offender has	13393
committed or is about to commit a sexually violent offense.	13394

(3) After control over the offender's service of a prison	13395
term has been transferred pursuant to section 2971.04 of the	13396
Revised Code to the court, the court, in any of the following	13397
circumstances, may conduct a hearing within thirty days to	13398
determine whether to modify in accordance with division (C) of	13399
this section the requirement that the offender serve the entire	13400
prison term in a state correctional institution, whether to	13401
continue, revise, or revoke an existing modification of that	13402
requirement, or whether to terminate the sentence in accordance	13403
with division (D) of this section:	13404

(a) The offender requests the hearing;

13405

(b) Upon the court's own motion;

13406

(c) One or more examiners who have conducted a psychological	13407
examination and assessment of the offender file a statement that	13408
states that there no longer is a likelihood that the offender will	13409
engage in the future in a sexually violent offense.	13410

(B)(1) Before a court holds a hearing pursuant to division	13411
(A) of this section, the court shall provide notice of the date,	13412
time, place, and purpose of the hearing to the offender, the	13413
prosecuting attorney, the department of rehabilitation and	13414
correction, and the adult parole authority and shall request the	13415
department to prepare pursuant to section 5120.61 of the Revised	13416
Code an update of the most recent risk assessment and report	13417
relative to the offender. The offender has the right to be	13418
present at any hearing held under this section. At the hearing,	13419
the offender and the prosecuting attorney may make a statement and	13420
present evidence as to whether the requirement that the offender	13421
serve the entire prison term in a state correctional institution	13422
should or should not be modified, whether the existing	13423
modification of the requirement should be continued, revised, or	13424
revoked, and whether the prison term should or should not be	13425
terminated.	13426

(2) At a hearing held pursuant to division (A) of this	13427
section, the court may and, if the hearing is held pursuant to	13428
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall	13429
determine by clear and convincing evidence whether the offender is	13430
unlikely to commit a sexually violent offense in the future.	13431

(3) At the conclusion of the hearing held pursuant to	13432
division (A) of this section, the court may order that the	13433
requirement that the offender serve the entire prison term in a	13434
state correctional institution be continued, that the requirement	13435
be modified pursuant to division (C) of this section, that an	13436
existing modification be continued, revised, or revoked pursuant	13437
to division (C) of this section, or that the prison term be	13438
terminated pursuant to division (D) of this section.	13439

(C)(1) If, at the conclusion of a hearing held pursuant to	13440
division (A) of this section, the court determines by clear and	13441
convincing evidence that the offender will not represent a	13442
substantial risk of physical harm to others, the court may modify	13443
the requirement that the offender serve the entire prison term	13444
imposed under division (A)(3), (B)(1)(a), (b), or (c), or	13445
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	13446
2971.03 of the Revised Code in a state correctional institution in	13447
a manner that the court considers appropriate. If the court	13448
modifies the requirement for an offender whose prison term was	13449
imposed pursuant to division (A)(3) of section 2971.03 of the	13450
Revised Code, the court shall order the adult parole authority to	13451
supervise the offender and shall require that the authority's	13452
supervision of the offender be pursuant to division (E) of this	13453
section. If the court modifies the requirement for an offender	13454
whose prison term was imposed pursuant to division (B)(1)(a), (b),	13455
or (c) or, (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of	13456
section 2971.03 of the Revised Code, the court shall order the	13457
adult parole authority to supervise the offender and may require	13458
that the authority's supervision of the offender be pursuant to	13459
division (E) of this section.	13460

(2) The modification of the requirement does not terminate	13461
the prison term but serves only to suspend the requirement that	13462
the offender serve the entire term in a state correctional	13463
institution. The prison term shall remain in effect for the	13464
offender's entire life unless the court terminates the prison term	13465
pursuant to division (D) of this section. The offender shall	13466
remain under the jurisdiction of the court for the offender's	13467
entire life unless the court so terminates the prison term. The	13468
modification of the requirement does not terminate the	13469
classification of the offender, as described in division (F) of	13470
section 2971.03 of the Revised Code, as a sexual predator for	13471
purposes of Chapter 2950. of the Revised Code, and the offender is	13472
subject to supervision, including supervision under division (E)	13473
of this section if the court required the supervision of the	13474
offender to be pursuant to that division.	13475

(3) If the court revokes the modification under	13476
consideration, the court shall order that the offender be returned	13477
to the custody of the department of rehabilitation and correction	13478
to continue serving the prison term to which the modification	13479
applied, and section 2971.06 of the Revised Code applies regarding	13480
the offender.	13481

(D)(1) If, at the conclusion of a hearing held pursuant to	13482
division (A) of this section, the court determines by clear and	13483
convincing evidence that the offender is unlikely to commit a	13484
sexually violent offense in the future, the court may terminate	13485
the offender's prison term imposed under division (A)(3),	13486
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or (B)(3)(a),	13487
(b), (c), or (d) of section 2971.03 of the Revised Code, subject	13488
to the offender satisfactorily completing the period of	13489
conditional release required by this division and, if applicable,	13490
compliance with division (E) of this section. If the court	13491
terminates the prison term, the court shall place the offender on	13492
conditional release for five years, notify the adult parole	13493
authority of its determination and of the termination of the	13494
prison term, and order the adult parole authority to supervise the	13495
offender during the five-year period of conditional release or, if	13496
division (E) applies to the offender, to supervise the offender	13497
pursuant to and for the period of time specified in that division.	13498
If the court terminates the prison term for an offender whose	13499
prison term was imposed pursuant to division (A)(3) of section	13500
2971.03 of the Revised Code, the court shall require that the	13501
authority's supervision of the offender be pursuant to division	13502
(E) of this section. If the court terminates the prison term for	13503
an offender whose prison term was imposed pursuant to division	13504
(B)(1)(a), (b), or (c) or, (2)(a), (b), or (c), or (3)(a), (b),	13505
(c), or (d) of section 2971.03 of the Revised Code, the court may	13506
require that the authority's supervision of the offender be	13507
pursuant to division (E) of this section. Upon receipt of a notice	13508
from a court pursuant to this division, the adult parole authority	13509
shall supervise the offender who is the subject of the notice	13510
during the five-year period of conditional release, periodically	13511
notify the court of the offender's activities during that	13512
five-year period of conditional release, and file with the court	13513
no later than thirty days prior to the expiration of the five-year	13514
period of conditional release a written recommendation as to	13515
whether the termination of the offender's prison term should be	13516
finalized, whether the period of conditional release should be	13517
extended, or whether another type of action authorized pursuant to	13518
this chapter should be taken.	13519

(2) Upon receipt of a recommendation of the adult parole	13520
authority filed pursuant to division (D)(1) of this section, the	13521
court shall hold a hearing to determine whether to finalize the	13522
termination of the offender's prison term, to extend the period of	13523
conditional release, or to take another type of action authorized	13524
pursuant to this chapter. The court shall hold the hearing no	13525
later than the date on which the five-year period of conditional	13526
release terminates and shall provide notice of the date, time,	13527
place, and purpose of the hearing to the offender and to the	13528
prosecuting attorney. At the hearing, the offender, the	13529
prosecuting attorney, and the adult parole authority employee who	13530
supervised the offender during the period of conditional release	13531
may make a statement and present evidence.	13532

If the court determines at the hearing to extend an	13533
offender's period of conditional release, it may do so for	13534
additional periods of one year in the same manner as the original	13535
period of conditional release, and, except as otherwise described	13536
in this division, all procedures and requirements that applied to	13537
the original period of conditional release apply to the additional	13538
period of extended conditional release unless the court modifies a	13539
procedure or requirement. If an offender's period of conditional	13540
release is extended as described in this division, all references	13541
to a five-year period of conditional release that are contained in	13542
division (D)(1) of this section shall be construed, in applying	13543
the provisions of that division to the extension, as being	13544
references to the one-year period of the extension of the	13545
conditional release.	13546

If the court determines at the hearing to take another type	13547
of action authorized pursuant to this chapter, it may do so in the	13548
same manner as if the action had been taken at any other stage of	13549
the proceedings under this chapter. As used in this division,	13550
"another type of action" includes the revocation of the	13551
conditional release and the return of the offender to a state	13552
correctional institution to continue to serve the prison term.	13553

If the court determines at the hearing to finalize the	13554
termination of the offender's prison term, it shall notify the	13555
department of rehabilitation and correction, the department shall	13556
enter into its records a final release and issue to the offender a	13557
certificate of final release, and the prison term thereafter shall	13558
be considered completed and terminated in every way.	13559

(3) The termination of an offender's prison term pursuant to	13560
division (D)(1) or (2) of this section does not affect the	13561
classification of the offender, as described in division (F) of	13562
section 2971.03 of the Revised Code, as a sexual predatortier III	13563
sex offender/child-victim offender for purposes of Chapter 2950.	13564
of the Revised Code, does not terminate the adult parole	13565
authority's supervision of the offender, and, if the court had	13566
required the supervision of the offender to be pursuant to	13567
division (E) of this section, does not terminate the supervision	13568
of the offender with an active global positioning system device,	13569
pursuant to that division. The classification of the offender as a	13570
sexual predator is permanent and continues until the offender's	13571
death as described in division (D)(2) of section 2950.09 of the	13572
Revised Code.	13573

(E) If a prison term imposed upon an offender pursuant to	13574
division (A)(3) of section 2971.03 of the Revised Code is modified	13575
as provided in division (C) of this section or terminated as	13576
provided in division (D) of this section, the adult parole	13577
authority shall supervise the offender with an active global	13578
positioning system device during any time period in which the	13579
offender is not incarcerated in a state correctional institution.	13580
If a prison term imposed upon an offender pursuant to division	13581
(B)(1)(a), (b), or (c) or, (2)(a), (b), or (c), or (3)(a), (b),	13582
(c), or (d) of section 2971.03 of the Revised Code is modified as	13583
provided in division (C) of this section or terminated as provided	13584
in division (D) of this section, and if the court requires that	13585
the adult parole authority's supervision of the offender be	13586
pursuant to this division, the authority shall supervise the	13587
offender with an active global positioning system device during	13588
any time period in which the offender is not incarcerated in a	13589
state correctional institution. If the adult parole authority is	13590
required to supervise the offender with an active global	13591
positioning system device as described in this division, unless	13592
the court removes the offender's classification as a sexually	13593
violent predator regarding an offender whose prison term was	13594
imposed under division (A)(3) of section 2971.03 of the Revised	13595
Code or terminates the requirement that supervision of the	13596
offender be pursuant to this division regarding an offender whose	13597
prison term was imposed under division (B)(1)(a), (b), or (c) or,	13598
(2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of section	13599
2971.03 of the Revised Code, the offender is subject to	13600
supervision with an active global positioning system pursuant to	13601
this division for the offender's entire life. The costs of	13602
administering the supervision of offenders with an active global	13603
positioning system device pursuant to this division shall be paid	13604
out of funds from the reparations fund, created pursuant to	13605
section 2743.191 of the Revised Code. This division shall only	13606
apply to a sexually violent predator sentenced pursuant to	13607
division (A)(3) of section 2971.03 of the Revised Code who is	13608
released from the custody of the department of rehabilitation and	13609
correction on or after September 29, 2005, or an offender	13610
sentenced pursuant to division (B)(1) or (2) of section 2971.03 of	13611
the Revised Code on or after the effective date of this amendment	13612
January 2, 2007.	13613

Sec. 2971.06.  If an offender is serving a prison term	13614
imposed under division (A)(3), (B)(1)(a), (b), or (c), or	13615
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	13616
2971.03 of the Revised Code, if, pursuant to section 2971.05 of	13617
the Revised Code, the court modifies the requirement that the	13618
offender serve the entire prison term in a state correctional	13619
institution or places the offender on conditional release, and if,	13620
at any time after the offender has been released from serving the	13621
term in an institution, the department of rehabilitation and	13622
correction or the prosecuting attorney learns or obtains	13623
information indicating that the offender has violated a term or	13624
condition of the modification or conditional release or believes	13625
there is a substantial likelihood that the offender has committed	13626
or is about to commit a sexually violent offense, all of the	13627
following apply:	13628

(A) The department or the prosecuting attorney may contact a	13629
peace officer, parole officer, or probation officer and request	13630
the officer to take the offender into custody. If the department	13631
contacts a peace officer, parole officer, or probation officer and	13632
requests that the offender be taken into custody, the department	13633
shall notify the prosecuting attorney that it made the request and	13634
shall provide the reasons for which it made the request. Upon	13635
receipt of a request that an offender be taken into custody, a	13636
peace officer, parole officer, or probation officer shall take the	13637
offender in question into custody and promptly shall notify the	13638
department and the prosecuting attorney, in writing, that the	13639
offender was taken into custody. After the offender has been taken	13640
into custody, the department or the prosecuting attorney shall	13641
notify the court of the violation or the belief that there is a	13642
substantial likelihood that the offender has committed or is about	13643
to commit a sexually violent offense, and the prosecuting attorney	13644
may request that the court, pursuant to section 2971.05 of the	13645
Revised Code, revise the modification. An offender may be held in	13646
custody under this provision for no longer than thirty days,	13647
pending a determination pursuant to section 2971.05 of the Revised	13648
Code of whether the modification of the requirement that the	13649
offender serve the entire prison term in a state correctional	13650
institution should be revised. If the court fails to make a	13651
determination under that section regarding the prosecuting	13652
attorney's request within thirty days after the offender was taken	13653
into custody, the offender shall be released from custody and	13654
shall be subject to the same terms and conditions as existed under	13655
the then-existing modification of the requirement that the	13656
offender serve the entire prison term in a state correctional	13657
institution, provided that if the act that resulted in the	13658
offender being taken into custody under this division is a	13659
criminal offense and if the offender is arrested for that act, the	13660
offender may be retained in custody in accordance with the	13661
applicable law.	13662

(B) If the offender is not taken into custody pursuant to	13663
division (A) of this section, the department or the prosecuting	13664
attorney shall notify the court of the known or suspected	13665
violation or of the belief that there is a substantial likelihood	13666
that the offender has committed or is about to commit a sexually	13667
violent offense. If the department provides the notification to	13668
the court, it also shall notify the prosecuting attorney that it	13669
provided the notification and shall provide the reasons for which	13670
it provided the notification. The prosecuting attorney may request	13671
that the court, pursuant to section 2971.05 of the Revised Code,	13672
revise the modification.	13673

Sec. 2971.07.  (A) This chapter does not apply to any	13674
offender unless the offender is one of the following:	13675

(1) The offender is convicted of or pleads guilty to a	13676
violent sex offense and also is convicted of or pleads guilty to a	13677
sexually violent predator specification that was included in the	13678
indictment, count in the indictment, or information charging that	13679
offense, unless the.	13680

(2) The offender is convicted of or pleads guilty to a	13681
designated homicide, assault, or kidnapping offense and also is	13682
convicted of or pleads guilty to both a sexual motivation	13683
specification and a sexually violent predator specification that	13684
were included in the indictment, count in the indictment, or	13685
information charging that offense, unless the.	13686

(3) The offender is convicted of or pleads guilty to a	13687
violation of division (A)(1)(b) of section 2907.02 of the Revised	13688
Code committed on or after the effective date of this amendment	13689
January 2, 2007, and the court does not sentence the offender to a	13690
term of life without parole pursuant to division (B) of section	13691
2907.02 of the Revised Code or division (B) of that section	13692
prohibits the court from sentencing the offender pursuant to	13693
section 2971.03 of the Revised Code, or unless the.	13694

(4) The offender is convicted of or pleads guilty to	13695
attempted rape committed on or after the effective date of this	13696
amendmentJanuary 2, 2007, and also is convicted of or pleads	13697
guilty to a specification of the type described in section	13698
2941.1418, 2941.1419, or 2941.1420 of the Revised Code.	13699

(5) The offender is convicted of or pleads guilty to a	13700
violation of section 2905.01 of the Revised Code and also is	13701
convicted of or pleads guilty to a sexual motivation specification	13702
that was included in the indictment, count in the indictment, or	13703
information charging that offense, and that section requires a	13704
court to sentence the offender pursuant to section 2971.03 of the	13705
Revised Code.	13706

(6) The offender is convicted of or pleads guilty to	13707
aggravated murder and also is convicted of or pleads guilty to a	13708
sexual motivation specification that was included in the	13709
indictment, count in the indictment, or information charging that	13710
offense, and division (A)(2)(b)(ii) of section 2929.022, division	13711
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv),	13712
or (E)(1)(d) of section 2929.03, or division (A) or (B) of section	13713
2929.06 of the Revised Code requires a court to sentence the	13714
offender pursuant to division (B)(3) of section 2971.03 of the	13715
Revised Code.	13716

(7) The offender is convicted of or pleads guilty to murder	13717
and also is convicted of or pleads guilty to a sexual motivation	13718
specification that was included in the indictment, count in the	13719
indictment, or information charging that offense, and division	13720
(B)(2) of section 2929.02 of the Revised Code requires a court to	13721
sentence the offender pursuant to section 2971.03 of the Revised	13722
Code.	13723

(B) This chapter does not limit or affect a court that	13724
sentences an offender who is convicted of or pleads guilty to a	13725
violent sex offense and also is convicted of or pleads guilty to a	13726
sexually violent predator specification, a court that sentences an	13727
offender who is convicted of or pleads guilty to a designated	13728
homicide, assault, or kidnapping offense and also is convicted of	13729
or pleads guilty to both a sexual motivation specification and a	13730
sexually violent predator specification, a court that sentences an	13731
offender who is convicted of or pleads guilty to a violation of	13732
division (A)(1)(b) of section 2907.02 of the Revised Code	13733
committed on or after the effective date of this amendment	13734
pursuant to section 2971.03 of the Revised Code, or a court that	13735
sentences an offender who is convicted of or pleads guilty to	13736
attempted rape committed on or after the effective date of this	13737
amendment and also is convicted of or pleads guilty to a	13738
specification of the type described in section 2941.1418,	13739
2941.1419, or 2941.1420 of the Revised Code in imposing upon the	13740
an offender described in divisions (A)(1) to (9) of this section	13741
any financial sanction under section 2929.18 or any other section	13742
of the Revised Code, or, except as specifically provided in this	13743
chapter, any other sanction that is authorized or required for the	13744
offense or violation by any other provision of law.	13745

(C) If an offender is sentenced to a prison term under	13746
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	13747
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	13748
Revised Code and if, pursuant to section 2971.05 of the Revised	13749
Code, the court modifies the requirement that the offender serve	13750
the entire prison term in a state correctional institution or	13751
places the offender on conditional release that involves the	13752
placement of the offender under the supervision of the adult	13753
parole authority, authorized field officers of the authority who	13754
are engaged within the scope of their supervisory duties or	13755
responsibilities may search, with or without a warrant, the person	13756
of the offender, the place of residence of the offender, and a	13757
motor vehicle, another item of tangible or intangible personal	13758
property, or any other real property in which the offender has the	13759
express or implied permission of a person with a right, title, or	13760
interest to use, occupy, or possess if the field officer has	13761
reasonable grounds to believe that the offender is not abiding by	13762
the law or otherwise is not complying with the terms and	13763
conditions of the offender's modification or release. The	13764
authority shall provide each offender with a written notice that	13765
informs the offender that authorized field officers of the	13766
authority who are engaged within the scope of their supervisory	13767
duties or responsibilities may conduct those types of searches	13768
during the period of the modification or release if they have	13769
reasonable grounds to believe that the offender is not abiding by	13770
the law or otherwise is not complying with the terms and	13771
conditions of the offender's modification or release.	13772

Sec. 5120.49.  The department of rehabilitation and	13773
correction, by rule adopted under Chapter 119. of the Revised	13774
Code, shall prescribe standards and guidelines to be used by the	13775
parole board in determining, pursuant to section 2971.04 of the	13776
Revised Code, whether it should terminate its control over an	13777
offender's service of a prison term imposed upon the offender	13778
under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	13779
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	13780
Revised Code for conviction of or a plea of guilty to a violent	13781
sex offense and a sexually violent predator specification or for	13782
conviction of or a plea of guilty to a designated homicide,	13783
assault, or kidnapping offense and both a sexual motivation	13784
specification and a sexually violent predator specification,	13785
imposed upon the offender under division (B)(1)(a), (b), or (c) of	13786
section 2971.03 of the Revised Code for conviction of or a plea of	13787
guilty to a violation of division (A)(1)(b) of section 2907.02 of	13788
the Revised Code committed on or after the effective date of this	13789
amendment, or imposed upon the offender under division (B)(2)(a),	13790
(b), or (c) of section 2971.03 of the Revised Code for conviction	13791
of or a plea of guilty to attempted rape committed on or after the	13792
effective date of this amendment and a conviction of or plea of	13793
guilty to a specification of the type described in section	13794
2941.1418, 2941.1419, or 2941.1420 of the Revised Code. The rules	13795
shall include provisions that specify that the parole board may	13796
not terminate its control over an offender's service of a prison	13797
term imposed upon the offender under eitherany of the specified	13798
divisions until after the offender has served the minimum term	13799
imposed as part of that prison term and until the parole board has	13800
determined that the offender does not represent a substantial risk	13801
of physical harm to others.	13802

Sec. 5120.61.  (A)(1) Not later than ninety days after	13803
January 1, 1997, the department of rehabilitation and correction	13804
shall adopt standards that it will use under this section to	13805
assess athe following criminal offenders and may periodically	13806
revise the standards:	13807

(a) A criminal offender who is convicted of or pleads guilty	13808
to a violent sex offense or designated homicide, assault, or	13809
kidnapping offense and is adjudicated a sexually violent predator	13810
in relation to that offense,;	13811

(b) A criminal offender who is convicted of or pleads guilty	13812
to a violation of division (A)(1)(b) of section 2907.02 of the	13813
Revised Code committed on or after the effective date of this	13814
amendmentJanuary 2, 2007, and either who is sentenced under	13815
section 2971.03 of the Revised Code or upon whom a sentence of	13816
life without parole is imposed under division (B) of section	13817
2907.02 of the Revised Code, or;	13818

(c) A criminal offender who is convicted of or pleads guilty	13819
to attempted rape committed on or after the effective date of this	13820
amendmentJanuary 2, 2007, and a specification of the type	13821
described in section 2941.1418, 2941.1419, or 2941.1420 of the	13822
Revised Code;	13823

(d) A criminal offender who is convicted of or pleads guilty	13824
to a violation of section 2905.01 of the Revised Code and also is	13825
convicted of or pleads guilty to a sexual motivation specification	13826
that was included in the indictment, count in the indictment, or	13827
information charging that offense, and who is sentenced pursuant	13828
to section 2971.03 of the Revised Code;	13829

(e) A criminal offender who is convicted of or pleads guilty	13830
to aggravated murder and also is convicted of or pleads guilty to	13831
a sexual motivation specification that was included in the	13832
indictment, count in the indictment, or information charging that	13833
offense, and who pursuant to division (A)(2)(b)(ii) of section	13834
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	13835
(D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or	13836
division (A) or (B) of section 2929.06 of the Revised Code is	13837
sentenced pursuant to division (B)(3) of section 2971.03 of the	13838
Revised Code;	13839

(f) A criminal offender who is convicted of or pleads guilty	13840
to murder and also is convicted of or pleads guilty to a sexual	13841
motivation specification that was included in the indictment,	13842
count in the indictment, or information charging that offense, and	13843
who pursuant to division (B)(2) of section 2929.02 of the Revised	13844
Code is sentenced pursuant to section 2971.03 of the Revised Code.	13845
The department may periodically revise the standards.	13846

(2) When the department is requested by the parole board or	13847
the court to provide a risk assessment report of the offender	13848
under section 2971.04 or 2971.05 of the Revised Code, it shall	13849
assess the offender and complete the assessment as soon as	13850
possible after the offender has commenced serving the prison term	13851
or term of life imprisonment without parole imposed under division	13852
(A), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or	13853
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	13854
Code. Thereafter, the department shall update a risk assessment	13855
report pertaining to an offender as follows:	13856

(a) Periodically, in the discretion of the department,	13857
provided that each report shall be updated no later than two years	13858
after its initial preparation or most recent update;	13859

(b) Upon the request of the parole board for use in	13860
determining pursuant to section 2971.04 of the Revised Code	13861
whether it should terminate its control over an offender's service	13862
of a prison term imposed upon the offender under division (A)(3),	13863
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or (B)(3)(a),	13864
(b), (c), or (d) of section 2971.03 of the Revised Code;	13865

(c) Upon the request of the court.

13866

(3) After the department of rehabilitation and correction	13867
assesses an offender pursuant to division (A)(2) of this section,	13868
it shall prepare a report that contains its risk assessment for	13869
the offender or, if a risk assessment report previously has been	13870
prepared, it shall update the risk assessment report.	13871

(4) The department of rehabilitation and correction shall	13872
provide each risk assessment report that it prepares or updates	13873
pursuant to this section regarding an offender to all of the	13874
following:	13875

(a) The parole board for its use in determining pursuant to	13876
section 2971.04 of the Revised Code whether it should terminate	13877
its control over an offender's service of a prison term imposed	13878
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	13879
or (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of	13880
section 2971.03 of the Revised Code, if the parole board has not	13881
terminated its control over the offender;	13882

(b) The court for use in determining, pursuant to section	13883
2971.05 of the Revised Code, whether to modify the requirement	13884
that the offender serve the entire prison term imposed upon the	13885
offender under division (A)(3), (B)(1)(a), (b), or (c), or	13886
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	13887
2971.03 of the Revised Code in a state correctional institution,	13888
whether to revise any modification previously made, or whether to	13889
terminate the prison term;	13890

(c) The prosecuting attorney who prosecuted the case, or the	13891
successor in office to that prosecuting attorney;	13892

(d) The offender.

13893

(B) When the department of rehabilitation and correction	13894
provides a risk assessment report regarding an offender to the	13895
parole board or court pursuant to division (A)(4)(a) or (b) of	13896
this section, the department, prior to the parole board's or	13897
court's hearing, also shall provide to the offender or to the	13898
offender's attorney of record a copy of the report and a copy of	13899
any other relevant documents the department possesses regarding	13900
the offender that the department does not consider to be	13901
confidential.	13902

(C) As used in this section:

13903

(1) "Adjudicated a sexually violent predator" has the same	13904
meaning as in section 2929.01 of the Revised Code, and a person is	13905
"adjudicated a sexually violent predator" in the same manner and	13906
the same circumstances as are described in that section.	13907

(2) "Designated homicide, assault, or kidnapping offense" and	13908
"violent sex offense" have the same meanings as in section 2971.01	13909
of the Revised Code.	13910

Sec. 5120.66.  (A) Within ninety days after November 23,	13911
2005, but not before January 1, 2006, the department of	13912
rehabilitation and correction shall establish and operate on the	13913
internet a database that contains all of the following:	13914

(1) For each inmate in the custody of the department under a	13915
sentence imposed for a conviction of or plea of guilty to any	13916
offense, all of the following information:	13917

(a) The inmate's name;

13918

(b) For each offense for which the inmate was sentenced to a	13919
prison term or term of imprisonment and is in the department's	13920
custody, the name of the offense, the Revised Code section of	13921
which the offense is a violation, the gender of each victim of the	13922
offense if those facts are known, whether each victim of the	13923
offense was an adult or child if those facts are known, the range	13924
of the possible prison terms or term of imprisonment that could	13925
have been imposed for the offense, the actual prison term or term	13926
of imprisonment imposed for the offense, the county in which the	13927
offense was committed, the date on which the inmate began serving	13928
the prison term or term of imprisonment imposed for the offense,	13929
and either the date on which the inmate will be eligible for	13930
parole relative to the offense if the prison term or term of	13931
imprisonment is an indefinite term or life term or the date on	13932
which the term ends if the prison term is a definite term;	13933

(c) All of the following information that is applicable	13934
regarding the inmate:	13935

(i) If known to the department prior to the conduct of any	13936
hearing for judicial release of the defendant pursuant to section	13937
2929.20 of the Revised Code in relation to any prison term or term	13938
of imprisonment the inmate is serving for any offense, notice of	13939
the fact that the inmate will be having a hearing regarding a	13940
possible grant of judicial release, the date of the hearing, and	13941
the right of any person pursuant to division (J) of that section	13942
to submit to the court a written statement regarding the possible	13943
judicial release;	13944

(ii) If the inmate is serving a prison term pursuant to	13945
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	13946
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	13947
Code as a sexually violent predator who committed a sexually	13948
violent offense, a prison term pursuant to division (B)(1)(a),	13949
(b), or (c) of section 2971.03 of the Revised Code imposed for a	13950
violation of division (A)(1)(b) of section 2907.02 of the Revised	13951
Code committed on or after the effective date of this amendment, a	13952
prison term pursuant to division (B)(2)(a) of section 2971.03 of	13953
the Revised Code imposed for attempted rape committed on or after	13954
the effective date of this amendment and a specification of the	13955
type described in section 2941.1418 of the Revised Code, a prison	13956
term pursuant to division (B)(2)(b) of section 2971.03 of the	13957
Revised Code imposed for attempted rape committed on or after the	13958
effective date of this amendment and a specification of the type	13959
described in section 2941.1419 of the Revised Code, or a prison	13960
term pursuant to division (B)(2)(c) of section 2971.03 of the	13961
Revised Code imposed for attempted rape committed on or after the	13962
effective date of this amendment and a specification of the type	13963
described in section 2941.1420 of the Revised Code, prior to the	13964
conduct of any hearing pursuant to section 2971.05 of the Revised	13965
Code to determine whether to modify the requirement that the	13966
inmate serve the entire prison term in a state correctional	13967
facility in accordance with division (C) of that section, whether	13968
to continue, revise, or revoke any existing modification of that	13969
requirement, or whether to terminate the prison term in accordance	13970
with division (D) of that section, notice of the fact that the	13971
inmate will be having a hearing regarding those determinations and	13972
of the date of the hearing;	13973

(iii) At least three weeks before the adult parole authority	13974
recommends a pardon or commutation of sentence for the inmate or	13975
at least three weeks prior to a hearing before the adult parole	13976
authority regarding a grant of parole to the inmate in relation to	13977
any prison term or term of imprisonment the inmate is serving for	13978
any offense, notice of the fact that the inmate might be under	13979
consideration for a pardon or commutation of sentence or will be	13980
having a hearing regarding a possible grant of parole, of the date	13981
of any hearing regarding a possible grant of parole, and of the	13982
right of any person to submit a written statement regarding the	13983
pending action;	13984

(iv) At least three weeks before the inmate has a hearing	13985
regarding a transfer to transitional control under section 2967.26	13986
of the Revised Code in relation to any prison term or term of	13987
imprisonment the inmate is serving for any offense, notice of the	13988
pendency of the transfer, of the date of the possible transfer,	13989
and of the right of any person to submit a statement regarding the	13990
possible transfer;	13991

(v) Prompt notice of the inmate's escape from any facility in	13992
which the inmate was incarcerated and of the capture of the inmate	13993
after an escape;	13994

(vi) Notice of the inmate's death while in confinement;

13995

(vii) Prior to the release of the inmate from confinement,	13996
notice of the fact that the inmate will be released, of the date	13997
of the release, and, if applicable, of the standard terms and	13998
conditions of the release;	13999

(viii) Notice of the inmate's judicial release.

14000

(2) Information as to where a person can send written	14001
statements of the types referred to in divisions (A)(1)(c)(i),	14002
(iii), and (iv) of this section.	14003

(B)(1) The department shall update the database required	14004
under division (A) of this section every twenty-four hours to	14005
ensure that the information it contains is accurate and current.	14006

(2) The database required under division (A) of this section	14007
is a public record open for inspection under section 149.43 of the	14008
Revised Code. The department shall make the database searchable by	14009
inmate name and by the county and zip code where the offender	14010
intends to reside after release from a state correctional	14011
institution if this information is known to the department.	14012

(3) The database required under division (A) of this section	14013
may contain information regarding inmates who are listed in the	14014
database in addition to the information described in that	14015
division.	14016

(4) No information included on the database required under	14017
division (A) of this section shall identify or enable the	14018
identification of any victim of any offense committed by an	14019
inmate.	14020

(C) The failure of the department to comply with the	14021
requirements of division (A) or (B) of this section does not give	14022
any rights or any grounds for appeal or post-conviction relief to	14023
any inmate.	14024

(D) This section, and the related provisions of sections	14025
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted	14026
in the act in which this section was enacted, shall be known as	14027
"Laura's Law."	14028

Sec. 5139.13.  (A) The department of youth services shall do	14029
all of the following:	14030

(1) Control and manage all institutions for the	14031
rehabilitation of delinquent children and youthful offenders that	14032
are operated by the state, except where the control and management	14033
of an institution is vested by law in another agency;	14034

(2) Provide treatment and training for children committed to	14035
the department and assigned by the department to various	14036
institutions under its control and management, including, but not	14037
limited to, for a child committed to it for an act that is either	14038
a sexually oriented offense that is not a registration-exempt	14039
sexually oriented offense or a child-victim oriented offense,	14040
treatment that is appropriate for a child who commits an act that	14041
is a sexually oriented offense that is not a registration-exempt	14042
sexually oriented offense or a child-victim oriented offense and	14043
that is intended to ensure that the child does not commit any	14044
subsequent act that is a sexually oriented offense or a	14045
child-victim oriented offense;	14046

(3) Establish and maintain appropriate reception centers for	14047
the reception of children committed to the department and employ	14048
competent persons to have charge of those centers and to conduct	14049
investigations;	14050

(4) Establish and maintain any other facilities necessary for	14051
the training, treatment, and rehabilitation of children committed	14052
to the department.	14053

(B) As used in this section, "sexually oriented offense" and	14054
"child-victim oriented offense" have the same meanings as in	14055
section 2950.01 of the Revised Code.	14056

Sec. 5149.10.  (A) The parole board shall consist of up to	14057
twelve members, one of whom shall be designated as chairperson by	14058
the director of the department of rehabilitation and correction	14059
and who shall continue as chairperson until a successor is	14060
designated, and any other personnel that are necessary for the	14061
orderly performance of the duties of the board. In addition to the	14062
rules authorized by section 5149.02 of the Revised Code, the chief	14063
of the adult parole authority, subject to the approval of the	14064
chief of the division of parole and community services and subject	14065
to this section, shall adopt rules governing the proceedings of	14066
the parole board. The rules shall provide for the convening of	14067
full board hearings, the procedures to be followed in full board	14068
hearings, and general procedures to be followed in other hearings	14069
of the board and by the board's hearing officers. The rules also	14070
shall require agreement by a majority of all the board members to	14071
any recommendation of clemency transmitted to the governor.	14072

When the board members sit as a full board, the chairperson	14073
shall preside. The chairperson shall also allocate the work of the	14074
parole board among the board members. The full board shall meet at	14075
least once each month. In the case of a tie vote on the full	14076
board, the chief of the adult parole authority shall cast the	14077
deciding vote. The chairperson may designate a person to serve in	14078
the chairperson's place.	14079

Except as otherwise provided in division (B) of this section,	14080
no person shall be appointed a member of the board who is not	14081
qualified by education or experience in correctional work,	14082
including law enforcement, prosecution of offenses, advocating for	14083
the rights of victims of crime, probation, or parole, in law, in	14084
social work, or in a combination of the three categories.	14085

(B) The director of rehabilitation and correction, in	14086
consultation with the governor, shall appoint one member of the	14087
board, who shall be a person who has been a victim of crime or who	14088
is a member of a victim's family or who represents an organization	14089
that advocates for the rights of victims of crime. After	14090
appointment, this member shall be an unclassified employee of the	14091
department of rehabilitation and correction.	14092

The initial appointment shall be for a term ending four years	14093
after the effective date of this amendmentJuly 1, 1996.	14094
Thereafter, the term of office of the member appointed under this	14095
division shall be for four years, with each term ending on the	14096
same day of the same month as did the term that it succeeds. The	14097
member shall hold office from the date of appointment until the	14098
end of the term for which the member was appointed and may be	14099
reappointed. Vacancies shall be filled in the manner provided for	14100
original appointments. Any member appointed under this division to	14101
fill a vacancy occurring prior to the expiration date of the term	14102
for which the member's predecessor was appointed shall hold office	14103
as a member for the remainder of that term. The member appointed	14104
under this division shall continue in office subsequent to the	14105
expiration date of the member's term until the member's successor	14106
takes office or until a period of sixty days has elapsed,	14107
whichever occurs first.	14108

The member appointed under this division shall be compensated	14109
in the same manner as other board members and shall be reimbursed	14110
for actual and necessary expenses incurred in the performance of	14111
the members' duties. The member may vote on all cases heard by the	14112
full board under section 5149.101 of the Revised Code, has such	14113
duties as are assigned by the chairperson of the board, and shall	14114
coordinate the member's activities with the office of victims'	14115
services created under section 5120.60 of the Revised Code.	14116

As used in this division, "crime," "member of the victim's	14117
family," and "victim" have the meanings given in section 2930.01	14118
of the Revised Code.	14119

(C) The chairperson shall submit all recommendations for or	14120
against clemency directly to the governor.	14121

(D) The chairperson shall transmit to the chief of the adult	14122
parole authority all determinations for or against parole made by	14123
the board. Parole determinations are final and are not subject to	14124
review or change by the chief.	14125

(E) In addition to its duties pertaining to parole and	14126
clemency, if an offender is sentenced to a prison term pursuant to	14127
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or	14128
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the	14129
Revised Code, the parole board shall have control over the	14130
offender's service of the prison term during the entire term	14131
unless the board terminates its control in accordance with section	14132
2971.04 of the Revised Code. The parole board may terminate its	14133
control over the offender's service of the prison term only in	14134
accordance with section 2971.04 of the Revised Code.	14135

Sec. 5321.01.  As used in this chapter:

14136

(A) "Tenant" means a person entitled under a rental agreement	14137
to the use and occupancy of residential premises to the exclusion	14138
of others.	14139

(B) "Landlord" means the owner, lessor, or sublessor of	14140
residential premises, the agent of the owner, lessor, or	14141
sublessor, or any person authorized by the owner, lessor, or	14142
sublessor to manage the premises or to receive rent from a tenant	14143
under a rental agreement.	14144

(C) "Residential premises" means a dwelling unit for	14145
residential use and occupancy and the structure of which it is a	14146
part, the facilities and appurtenances in it, and the grounds,	14147
areas, and facilities for the use of tenants generally or the use	14148
of which is promised the tenant. "Residential premises" includes a	14149
dwelling unit that is owned or operated by a college or	14150
university. "Residential premises" does not include any of the	14151
following:	14152

(1) Prisons, jails, workhouses, and other places of	14153
incarceration or correction, including, but not limited to,	14154
halfway houses or residential arrangements that are used or	14155
occupied as a requirement of a community control sanction, a	14156
post-release control sanction, or parole;	14157

(2) Hospitals and similar institutions with the primary	14158
purpose of providing medical services, and homes licensed pursuant	14159
to Chapter 3721. of the Revised Code;	14160

(3) Tourist homes, hotels, motels, recreational vehicle	14161
parks, recreation camps, combined park-camps, temporary	14162
park-camps, and other similar facilities where circumstances	14163
indicate a transient occupancy;	14164

(4) Elementary and secondary boarding schools, where the cost	14165
of room and board is included as part of the cost of tuition;	14166

(5) Orphanages and similar institutions;

14167

(6) Farm residences furnished in connection with the rental	14168
of land of a minimum of two acres for production of agricultural	14169
products by one or more of the occupants;	14170

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	14171
the Revised Code;	14172

(8) Occupancy by an owner of a condominium unit;

14173

(9) Occupancy in a facility licensed as an SRO facility	14174
pursuant to Chapter 3731. of the Revised Code, if the facility is	14175
owned or operated by an organization that is exempt from taxation	14176
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	14177
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	14178
group of entities in which such an organization has a controlling	14179
interest, and if either of the following applies:	14180

(a) The occupancy is for a period of less than sixty days.

14181

(b) The occupancy is for participation in a program operated	14182
by the facility, or by a public entity or private charitable	14183
organization pursuant to a contract with the facility, to provide	14184
either of the following:	14185

(i) Services licensed, certified, registered, or approved by	14186
a governmental agency or private accrediting organization for the	14187
rehabilitation of mentally ill persons, developmentally disabled	14188
persons, adults or juveniles convicted of criminal offenses, or	14189
persons suffering from substance abuse;	14190

(ii) Shelter for juvenile runaways, victims of domestic	14191
violence, or homeless persons.	14192

(10) Emergency shelters operated by organizations exempt from	14193
federal income taxation under section 501(c)(3) of the "Internal	14194
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	14195
amended, for persons whose circumstances indicate a transient	14196
occupancy, including homeless people, victims of domestic	14197
violence, and juvenile runaways.	14198

(D) "Rental agreement" means any agreement or lease, written	14199
or oral, which establishes or modifies the terms, conditions,	14200
rules, or any other provisions concerning the use and occupancy of	14201
residential premises by one of the parties.	14202

(E) "Security deposit" means any deposit of money or property	14203
to secure performance by the tenant under a rental agreement.	14204

(F) "Dwelling unit" means a structure or the part of a	14205
structure that is used as a home, residence, or sleeping place by	14206
one person who maintains a household or by two or more persons who	14207
maintain a common household.	14208

(G) "Controlled substance" has the same meaning as in section	14209
3719.01 of the Revised Code.	14210

(H) "Student tenant" means a person who occupies a dwelling	14211
unit owned or operated by the college or university at which the	14212
person is a student, and who has a rental agreement that is	14213
contingent upon the person's status as a student.	14214

(I) "Recreational vehicle park," "recreation camp," "combined	14215
park-camp," and "temporary park-camp" have the same meanings as in	14216
section 3729.01 of the Revised Code.	14217

(J) "Community control sanction" has the same meaning as in	14218
section 2929.01 of the Revised Code.	14219

(K) "Post-release control sanction" has the same meaning as	14220
in section 2967.01 of the Revised Code.	14221

(L) "School premises" has the same meaning as in section	14222
2925.01 of the Revised Code.	14223

(M) "Sexually oriented offense" and "child-victim oriented	14224
offense" have the same meanings as in section 2950.01 of the	14225
Revised Code.	14226

(N) "Preschool or child day-care center premises" has the the	14227
same meaning as in section 2950.034 of the Revised Code.	14228

Sec. 5321.03.  (A) Notwithstanding section 5321.02 of the	14229
Revised Code, a landlord may bring an action under Chapter 1923.	14230
of the Revised Code for possession of the premises if:	14231

(1) The tenant is in default in the payment of rent;

14232

(2) The violation of the applicable building, housing,	14233
health, or safety code that the tenant complained of was primarily	14234
caused by any act or lack of reasonable care by the tenant, or by	14235
any other person in the tenant's household, or by anyone on the	14236
premises with the consent of the tenant;	14237

(3) Compliance with the applicable building, housing, health,	14238
or safety code would require alteration, remodeling, or demolition	14239
of the premises which would effectively deprive the tenant of the	14240
use of the dwelling unit;	14241

(4) A tenant is holding over the tenant's term.

14242

(5) The residential premises are located within one thousand	14243
feet of any school premises or preschool or child day-care center	14244
premises, and both of the following apply regarding the tenant or	14245
other occupant who resides in or occupies the premises:	14246

(a) The tenant's or other occupant's name appears on the	14247
state registry of sex offenders and child-victim offenders	14248
maintained under section 2950.13 of the Revised Code.	14249

(b) The state registry of sex offenders and child-victim	14250
offenders indicates that the tenant or other occupant was	14251
convicted of or pleaded guilty to either a sexually oriented	14252
offense that is not a registration-exempt sexually oriented	14253
offense or a child-victim oriented offense in a criminal	14254
prosecution and was not sentenced to a serious youthful offender	14255
dispositional sentence for that offense.	14256

(B) The maintenance of an action by the landlord under this	14257
section does not prevent the tenant from recovering damages for	14258
any violation by the landlord of the rental agreement or of	14259
section 5321.04 of the Revised Code.	14260

(C) This section does not apply to a dwelling unit occupied	14261
by a student tenant.	14262

Sec. 5321.051. (A)(1) No tenant of any residential premises	14263
located within one thousand feet of any school premises or	14264
preschool or child day-care center premises shall allow any	14265
person to occupy those residential premises if both of the	14266
following apply regarding the person:	14267

(a) The person's name appears on the state registry of sex	14268
offenders and child-victim offenders maintained under section	14269
2950.13 of the Revised Code.	14270

(b) The state registry of sex offenders and child-victim	14271
offenders indicates that the person was convicted of or pleaded	14272
guilty to either a sexually oriented offense that is not a	14273
registration-exempt sexually oriented offense or a child-victim	14274
oriented offense in a criminal prosecution and was not sentenced	14275
to a serious youthful offender dispositional sentence for that	14276
offense.	14277

(2) If a tenant allows occupancy in violation of this section	14278
or a person establishes a residence or occupies residential	14279
premises in violation of section 2950.0312950.034 of the Revised	14280
Code, the landlord for the residential premises that are the	14281
subject of the rental agreement or other tenancy may terminate the	14282
rental agreement or other tenancy of the tenant and all other	14283
occupants.	14284

(B) If a landlord is authorized to terminate a rental	14285
agreement or other tenancy pursuant to division (A) of this	14286
section but does not so terminate the rental agreement or other	14287
tenancy, the landlord is not liable in a tort or other civil	14288
action in damages for any injury, death, or loss to person or	14289
property that allegedly results from that decision.	14290

Section 2. That existing sections 109.42, 109.57, 311.171,	14291
1923.01, 1923.02, 2151.23, 2151.357, 2152.02, 2152.19, 2152.191,	14292
2152.22, 2152.82, 2152.821, 2152.83, 2152.84, 2152.85, 2152.851,	14293
2743.191, 2901.07, 2903.211, 2905.01, 2905.02, 2905.03, 2905.05,	14294
2907.01, 2907.02, 2907.05, 2921.34, 2929.01, 2929.02, 2929.022,	14295
2929.03, 2929.06, 2929.13, 2929.14, 2929.19, 2929.23, 2930.16,	14296
2941.148, 2950.01, 2950.02, 2950.03, 2950.031, 2950.04, 2950.041,	14297
2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.10, 2950.11,	14298
2950.12, 2950.13, 2950.14, 2953.32, 2967.12, 2967.121, 2971.01,	14299
2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61,	14300
5120.66, 5139.13, 5149.10, 5321.01, 5321.03, and 5321.051 and	14301
sections 2152.811, 2950.021, 2950.09, and 2950.091 of the Revised	14302
Code are hereby repealed.	14303

Section 3.  All appropriation items in this section are	14304
hereby appropriated as designated out of moneys in the state	14305
treasury to the credit of the General Revenue Fund. For all	14306
appropriations made in this act, the amounts in the first column	14307
are for fiscal year 2008, and the amounts in the second column are	14308
for fiscal year 2009. The appropriations made in this act are in	14309
addition to any other appropriations made for the FY 2008-2009	14310
biennium.	14311

Appropriations

AGO ATTORNEY GENERAL APPROPRIATION	14312

General Revenue Fund

14313

GRF	055-XXX		Adam Walsh Act Implementation		$	250,000		$	250,000		14314
TOTAL GRF General Revenue Fund					$	250,000		$	250,000		14315
TOTAL ALL BUDGET FUND GROUPS					$	250,000		$	250,000		14316

Section 4.  Within the limits set forth in this act, the	14318
Director of Budget and Management shall establish accounts	14319
indicating the source and amount of money for each appropriation	14320
made in this act and shall determine the form and manner in which	14321
appropriation accounts shall be maintained. Expenditures from	14322
appropriations contained in this act shall be accounted for as	14323
though made in Am. Sub. H.B. 119 of the 127th General Assembly.	14324

The appropriations made in this act are subject to all	14325
provisions of Am. Sub. H.B. 119 of the 127th General Assembly that	14326
are generally applicable to such appropriations.	14327

Section 5. The amendments to sections 109.42, 109.57,	14328
311.171, 2151.23, 2152.02, 2152.19, 2152.191, 2152.22, 2152.82,	14329
2152.821, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07,	14330
2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02,	14331
2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06,	14332
2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01,	14333
2950.02, 2950.03, 2950.04, 2950.041, 2950.05, 2950.06, 2950.07,	14334
2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14,	14335
2967.12, 2967.121, 2971.01, 2971.03, 2971.04, 2971.05, 2971.06,	14336
2971.07, 5120.49, 5120.61, 5120.66, 5139.13, and 5149.10 of the	14337
Revised Code that are made by Sections 1 and 2 of this act, the	14338
enactment of sections 2152.831, 2152.86, 2950.011, 2950.15, and	14339
2950.16 of the Revised Code by Section 1 of the act, and the	14340
repeal of sections 2152.811, 2950.021, 2950.09, and 2950.091 of	14341
the Revised Code by Section 2 of this act shall take effect on	14342
January 1, 2008.	14343

The amendments to sections 1923.01, 1923.02, 2151.357,	14344
2950.031, 2953.32, 5321.01, 5321.03, and 5321.051 of the Revised	14345
Code that are made by Sections 1 and 2 of this act and the	14346
enactment of sections 2950.032, 2950.033, 2950.042, 2950.043, and	14347
2950.131 and new section 2950.031 of the Revised Code by Section 1	14348
of this act shall take effect on July 1, 2007.	14349

Section 6. Sections 1 to 5 of this act shall take effect on	14350
July 1, 2007.	14351

Section 7. This act is hereby declared to be an emergency	14352
measure necessary for the immediate preservation of the public	14353
peace, health, and safety. The reason for such necessity is that	14354
the changes to the state's Sex Offender Registration and	14355
Notification Law made by this act are crucially needed to provide	14356
increased protection and security for the state's residents from	14357
persons who have been convicted of, or found to be delinquent	14358
children for committing, a sexually oriented offense or a	14359
child-victim oriented offense and to conform that Law by July 1,	14360
2007, to recently enacted requirements of federal law. Therefore	14361
this act shall take immediate effect.	14362

Section 8. Section 2907.01 of the Revised Code is presented	14363
in this act as a composite of the section as amended by both Am.	14364
Sub. H.B. 23 and Am. Sub. H.B. 95 of the 126th General Assembly.	14365
Section 2929.01 of the Revised Code is presented in this act as a	14366
composite of the section as amended by both Am. Sub. H.B. 461 and	14367
Am. Sub. S.B. 260 of the 126th General Assembly. Section 2929.13	14368
of the Revised Code is presented in this act as a composite of the	14369
section as amended by Am. Sub. H.B. 461, Am. Sub. S.B. 260, and	14370
Sub. S.B. 281 of the 126th General Assembly. Section 2929.14 of	14371
the Revised Code is presented in this act as a composite of the	14372
section as amended by Am. Sub. H.B. 461, Am. Sub. S.B. 260, and	14373
Sub. S.B. 281 all of the 126th General Assembly. Section 2929.19	14374
of the Revised Code is presented in this act as a composite of the	14375
section as amended by both Am. Sub. H.B. 461 and Am. Sub. S.B. 260	14376
of the 126th General Assembly. The General Assembly, applying the	14377
principle stated in division (B) of section 1.52 of the Revised	14378
Code that amendments are to be harmonized if reasonably capable of	14379
simultaneous operation, finds that the composites are the	14380
resulting versions of the sections in effect prior to the	14381
effective date of the sections as presented in this act.	14382