As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 205

Senator Fedor 

Cosponsors: Senators Goodman, Roberts, Gardner, Boccieri, Cafaro, Kearney, Mason, Miller, D., Miller, R., Morano, Sawyer, Smith, Wilson 

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A BILL

To amend sections 109.42, 109.73, 2317.02, 2743.191,

1

2901.13, 2921.22, 2923.01, 2923.31, and 2929.18

2

and to enact sections 109.421, 109.745, 109.746,

3

109.747, 2305.117, 2307.54, 2905.31, 2905.32,

4

2905.33, 2905.34, 2905.35, 2905.36, 2929.181,

5

2930.21, 2930.22, and 2930.23 of the Revised Code

6

relative to trafficking in persons.

7

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

Section 1. That sections 109.42, 109.73, 2317.02, 2743.191,	8
2901.13, 2921.22, 2923.01, 2923.31, and 2929.18 be amended and	9
sections 109.421, 109.745, 109.746, 109.747, 2305.117, 2307.54,	10
2905.31, 2905.32, 2905.33, 2905.34, 2905.35, 2905.36, 2929.181,	11
2930.21, 2930.22, and 2930.23 of the Revised Code be enacted to	12
read as follows:	13

Sec. 109.42.  (A) The attorney general shall prepare and have	14
printed a pamphlet that contains a compilation of all statutes	15
relative to victim's rights in which the attorney general lists	16
and explains the statutes in the form of a victim's bill of	17
rights. The attorney general shall distribute the pamphlet to all	18
sheriffs, marshals, municipal corporation and township police	19
departments, constables, and other law enforcement agencies, to	20
all prosecuting attorneys, city directors of law, village	21
solicitors, and other similar chief legal officers of municipal	22
corporations, and to organizations that represent or provide	23
services for victims of crime. The victim's bill of rights set	24
forth in the pamphlet shall contain a description of all of the	25
rights of victims that are provided for in Chapter 2930. or in any	26
other section of the Revised Code and shall include, but not be	27
limited to, all of the following:	28

(1) The right of a victim or a victim's representative to	29
attend a proceeding before a grand jury, in a juvenile case, or in	30
a criminal case pursuant to a subpoena without being discharged	31
from the victim's or representative's employment, having the	32
victim's or representative's employment terminated, having the	33
victim's or representative's pay decreased or withheld, or	34
otherwise being punished, penalized, or threatened as a result of	35
time lost from regular employment because of the victim's or	36
representative's attendance at the proceeding pursuant to the	37
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	38
2945.451 of the Revised Code;	39

(2) The potential availability pursuant to section 2151.359	40
or 2152.61 of the Revised Code of a forfeited recognizance to pay	41
damages caused by a child when the delinquency of the child or	42
child's violation of probation or community control is found to be	43
proximately caused by the failure of the child's parent or	44
guardian to subject the child to reasonable parental authority or	45
to faithfully discharge the conditions of probation or community	46
control;	47

(3) The availability of awards of reparations pursuant to	48
sections 2743.51 to 2743.72 of the Revised Code for injuries	49
caused by criminal offenses;	50

(4) The right of the victim in certain criminal or juvenile	51
cases or a victim's representative to receive, pursuant to section	52
2930.06 of the Revised Code, notice of the date, time, and place	53
of the trial or delinquency proceeding in the case or, if there	54
will not be a trial or delinquency proceeding, information from	55
the prosecutor, as defined in section 2930.01 of the Revised Code,	56
regarding the disposition of the case;	57

(5) The right of the victim in certain criminal or juvenile	58
cases or a victim's representative to receive, pursuant to section	59
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	60
name of the person charged with the violation, the case or docket	61
number assigned to the charge, and a telephone number or numbers	62
that can be called to obtain information about the disposition of	63
the case;	64

(6) The right of the victim in certain criminal or juvenile	65
cases or of the victim's representative pursuant to section	66
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	67
terms set by the court as authorized under section 2930.14 of the	68
Revised Code, to make a statement about the victimization and, if	69
applicable, a statement relative to the sentencing or disposition	70
of the offender;	71

(7) The opportunity to obtain a court order, pursuant to	72
section 2945.04 of the Revised Code, to prevent or stop the	73
commission of the offense of intimidation of a crime victim or	74
witness or an offense against the person or property of the	75
complainant, or of the complainant's ward or child;	76

(8) The right of the victim in certain criminal or juvenile	77
cases or a victim's representative pursuant to sections 2151.38,	78
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	79
receive notice of a pending motion for judicial release or early	80
release of the person who committed the offense against the	81
victim, to make an oral or written statement at the court hearing	82
on the motion, and to be notified of the court's decision on the	83
motion;	84

(9) The right of the victim in certain criminal or juvenile	85
cases or a victim's representative pursuant to section 2930.16,	86
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	87
of any pending commutation, pardon, parole, transitional control,	88
discharge, other form of authorized release, post-release control,	89
or supervised release for the person who committed the offense	90
against the victim or any application for release of that person	91
and to send a written statement relative to the victimization and	92
the pending action to the adult parole authority or the release	93
authority of the department of youth services;	94

(10) The right of the victim to bring a civil action pursuant	95
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	96
from the offender's profit fund;	97

(11) The right, pursuant to section 3109.09 of the Revised	98
Code, to maintain a civil action to recover compensatory damages	99
not exceeding ten thousand dollars and costs from the parent of a	100
minor who willfully damages property through the commission of an	101
act that would be a theft offense, as defined in section 2913.01	102
of the Revised Code, if committed by an adult;	103

(12) The right, pursuant to section 3109.10 of the Revised	104
Code, to maintain a civil action to recover compensatory damages	105
not exceeding ten thousand dollars and costs from the parent of a	106
minor who willfully and maliciously assaults a person;	107

(13) The possibility of receiving restitution from an	108
offender or a delinquent child pursuant to section 2152.20,	109
2929.18, 2929.181, or 2929.28 of the Revised Code;	110

(14) The right of the victim in certain criminal or juvenile	111
cases or a victim's representative, pursuant to section 2930.16 of	112
the Revised Code, to receive notice of the escape from confinement	113
or custody of the person who committed the offense, to receive	114
that notice from the custodial agency of the person at the	115
victim's last address or telephone number provided to the	116
custodial agency, and to receive notice that, if either the	117
victim's address or telephone number changes, it is in the	118
victim's interest to provide the new address or telephone number	119
to the custodial agency;	120

(15) The right of a victim of domestic violence to seek the	121
issuance of a civil protection order pursuant to section 3113.31	122
of the Revised Code, the right of a victim of a violation of	123
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	124
of the Revised Code, a violation of a substantially similar	125
municipal ordinance, or an offense of violence who is a family or	126
household member of the offender at the time of the offense to	127
seek the issuance of a temporary protection order pursuant to	128
section 2919.26 of the Revised Code, and the right of both types	129
of victims to be accompanied by a victim advocate during court	130
proceedings;	131

(16) The right of a victim of a sexually oriented offense	132
that is not a registration-exempt sexually oriented offense or of	133
a child-victim oriented offense that is committed by a person who	134
is convicted of or pleads guilty to an aggravated sexually	135
oriented offense, by a person who is adjudicated a sexual predator	136
or child-victim predator, or, in certain cases, by a person who is	137
determined to be a habitual sex offender or habitual child-victim	138
offender to receive, pursuant to section 2950.10 of the Revised	139
Code, notice that the person has registered with a sheriff under	140
section 2950.04, 2950.041, or 2950.05 of the Revised Code and	141
notice of the person's name, the person's residence that is	142
registered, and the offender's school, institution of higher	143
education, or place of employment address or addresses that are	144
registered, the person's photograph, and a summary of the manner	145
in which the victim must make a request to receive the notice. As	146
used in this division, "sexually oriented offense," "adjudicated a	147
sexual predator," "habitual sex offender," "registration-exempt	148
sexually oriented offense," "aggravated sexually oriented	149
offense," "child-victim oriented offense," "adjudicated a	150
child-victim predator," and "habitual child-victim offender" have	151
the same meanings as in section 2950.01 of the Revised Code.	152

(17) The right of a victim of certain sexually violent	153
offenses committed by an offender who also is convicted of or	154
pleads guilty to a sexually violent predator specification and who	155
is sentenced to a prison term pursuant to division (A)(3) of	156
section 2971.03 of the Revised Code, of a victim of a violation of	157
division (A)(1)(b) of section 2907.02 of the Revised Code	158
committed on or after the effective date of this amendmentJanuary	159
2, 2007, by an offender who is sentenced for the violation	160
pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of	161
the Revised Code, and of a victim of an attempted rape committed	162
on or after the effective date of this amendmentJanuary 2, 2007,	163
by an offender who also is convicted of or pleads guilty to a	164
specification of the type described in section 2941.1418,	165
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	166
the violation pursuant to division (B)(2)(a), (b), or (c) of	167
section 2971.03, to receive, pursuant to section 2930.16 of the	168
Revised Code, notice of a hearing to determine whether to modify	169
the requirement that the offender serve the entire prison term in	170
a state correctional facility, whether to continue, revise, or	171
revoke any existing modification of that requirement, or whether	172
to terminate the prison term. As used in this division, "sexually	173
violent offense" and "sexually violent predator specification"	174
have the same meanings as in section 2971.01 of the Revised Code.	175

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	176
prosecuting attorney, assistant prosecuting attorney, city	177
director of law, assistant city director of law, village	178
solicitor, assistant village solicitor, or similar chief legal	179
officer of a municipal corporation or an assistant of any of those	180
officers who prosecutes an offense committed in this state, upon	181
first contact with the victim of the offense, the victim's family,	182
or the victim's dependents, shall give the victim, the victim's	183
family, or the victim's dependents a copy of the pamphlet prepared	184
pursuant to division (A) of this section and explain, upon	185
request, the information in the pamphlet to the victim, the	186
victim's family, or the victim's dependents.	187

(b) Subject to division (B)(1)(c) of this section, a law	188
enforcement agency that investigates an offense or delinquent act	189
committed in this state shall give the victim of the offense or	190
delinquent act, the victim's family, or the victim's dependents a	191
copy of the pamphlet prepared pursuant to division (A) of this	192
section at one of the following times:	193

(i) Upon first contact with the victim, the victim's family,	194
or the victim's dependents;	195

(ii) If the offense or delinquent act is an offense of	196
violence, if the circumstances of the offense or delinquent act	197
and the condition of the victim, the victim's family, or the	198
victim's dependents indicate that the victim, the victim's family,	199
or the victim's dependents will not be able to understand the	200
significance of the pamphlet upon first contact with the agency,	201
and if the agency anticipates that it will have an additional	202
contact with the victim, the victim's family, or the victim's	203
dependents, upon the agency's second contact with the victim, the	204
victim's family, or the victim's dependents.	205

If the agency does not give the victim, the victim's family,	206
or the victim's dependents a copy of the pamphlet upon first	207
contact with them and does not have a second contact with the	208
victim, the victim's family, or the victim's dependents, the	209
agency shall mail a copy of the pamphlet to the victim, the	210
victim's family, or the victim's dependents at their last known	211
address.	212

(c) In complying on and after December 9, 1994, with the	213
duties imposed by division (B)(1)(a) or (b) of this section, an	214
official or a law enforcement agency shall use copies of the	215
pamphlet that are in the official's or agency's possession on	216
December 9, 1994, until the official or agency has distributed all	217
of those copies. After the official or agency has distributed all	218
of those copies, the official or agency shall use only copies of	219
the pamphlet that contain at least the information described in	220
divisions (A)(1) to (17) of this section.	221

(2) The failure of a law enforcement agency or of a	222
prosecuting attorney, assistant prosecuting attorney, city	223
director of law, assistant city director of law, village	224
solicitor, assistant village solicitor, or similar chief legal	225
officer of a municipal corporation or an assistant to any of those	226
officers to give, as required by division (B)(1) of this section,	227
the victim of an offense or delinquent act, the victim's family,	228
or the victim's dependents a copy of the pamphlet prepared	229
pursuant to division (A) of this section does not give the victim,	230
the victim's family, the victim's dependents, or a victim's	231
representative any rights under section 2743.51 to 2743.72,	232
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	233
Revised Code or under any other provision of the Revised Code and	234
does not affect any right under those sections.	235

(3) A law enforcement agency, a prosecuting attorney or	236
assistant prosecuting attorney, or a city director of law,	237
assistant city director of law, village solicitor, assistant	238
village solicitor, or similar chief legal officer of a municipal	239
corporation that distributes a copy of the pamphlet prepared	240
pursuant to division (A) of this section shall not be required to	241
distribute a copy of an information card or other printed material	242
provided by the clerk of the court of claims pursuant to section	243
2743.71 of the Revised Code.	244

(C) The cost of printing and distributing the pamphlet	245
prepared pursuant to division (A) of this section shall be paid	246
out of the reparations fund, created pursuant to section 2743.191	247
of the Revised Code, in accordance with division (D) of that	248
section.	249

(D) As used in this section:

250

(1) "Victim's representative" has the same meaning as in	251
section 2930.01 of the Revised Code;	252

(2) "Victim advocate" has the same meaning as in section	253
2919.26 of the Revised Code.	254

Sec. 109.421.  (A) The attorney general, with assistance from	255
the bureau of criminal identification and investigation, annually	256
shall publish statistical data on violations of section 2905.32 of	257
the Revised Code. The first annual publication of this data shall	258
occur one year after the effective date of this section.	259

(B) Each state agency and each agency of each political	260
subdivision that investigates violations of section 2905.32 of the	261
Revised Code shall collect and submit to the bureau of criminal	262
identification and investigation the following information	263
relevant to those violations:	264

(1) The number of investigations, arrests, prosecutions, and	265
successful convictions of persons for a violation of that section;	266

(2) The estimated number and demographic characteristics of	267
persons violating section 2905.32 of the Revised Code, as well as	268
those persons who purchase or receive a commercial sex act,	269
sexually explicit performance, labor, or services from victims of	270
violations of that section;	271

(3) Statistics on the number of victims of violations of that	272
section and statistics on the nationality, age, method of	273
recruitment, and country, state, or city of origin of the victims	274
of violations of that section;	275

(4) Trafficking routes and trafficking patterns used in	276
violations of that section;	277

(5) Methods of transportation used in violations of that	278
section;	279

(6) Social and economic factors that contribute to and foster	280
the demand for all forms of exploitation of persons that leads to	281
trafficking in persons;	282

(7) The number of victims of a violation of section 2905.32	283
of the Revised Code who received or who were refused continuous	284
presence in the United States pursuant to 22 U.S.C. 7105, who	285
received or who were refused a visa for an alien classified as a	286
nonimmigrant under 8 U.S.C. 1101(a)(15)(T) or (U), or whose	287
request or application for continued presence in the United States	288
pursuant to 22 U.S.C. 7105 or that visa is in process.	289

(C) As used in this section, "commercial sex act," "labor,"	290
"services," and "sexually explicit performance" have the same	291
meanings as in section 2905.31 of the Revised Code.	292

Sec. 109.73.  (A) The Ohio peace officer training commission	293
shall recommend rules to the attorney general with respect to all	294
of the following:	295

(1) The approval, or revocation of approval, of peace officer	296
training schools administered by the state, counties, municipal	297
corporations, public school districts, technical college	298
districts, and the department of natural resources;	299

(2) Minimum courses of study, attendance requirements, and	300
equipment and facilities to be required at approved state, county,	301
municipal, and department of natural resources peace officer	302
training schools;	303

(3) Minimum qualifications for instructors at approved state,	304
county, municipal, and department of natural resources peace	305
officer training schools;	306

(4) The requirements of minimum basic training that peace	307
officers appointed to probationary terms shall complete before	308
being eligible for permanent appointment, which requirements shall	309
include a minimum of fifteen hours of training in the handling of	310
the offense of domestic violence, other types of domestic	311
violence-related offenses and incidents, and protection orders and	312
consent agreements issued or approved under section 2919.26 or	313
3113.31 of the Revised Code; a minimum of six hours of crisis	314
intervention training; and a specified amount of training in the	315
handling of missing children and child abuse and neglect cases;	316
and a specified amount of training in handling violations of	317
section 2905.32 of the Revised Code; and the time within which	318
such basic training shall be completed following appointment to a	319
probationary term;	320

(5) The requirements of minimum basic training that peace	321
officers not appointed for probationary terms but appointed on	322
other than a permanent basis shall complete in order to be	323
eligible for continued employment or permanent appointment, which	324
requirements shall include a minimum of fifteen hours of training	325
in the handling of the offense of domestic violence, other types	326
of domestic violence-related offenses and incidents, and	327
protection orders and consent agreements issued or approved under	328
section 2919.26 or 3113.31 of the Revised Code, a minimum of six	329
hours of crisis intervention training, and a specified amount of	330
training in the handling of missing children and child abuse and	331
neglect cases, and a specified amount of training in handling	332
violations of section 2905.32 of the Revised Code, and the time	333
within which such basic training shall be completed following	334
appointment on other than a permanent basis;	335

(6) Categories or classifications of advanced in-service	336
training programs for peace officers, including programs in the	337
handling of the offense of domestic violence, other types of	338
domestic violence-related offenses and incidents, and protection	339
orders and consent agreements issued or approved under section	340
2919.26 or 3113.31 of the Revised Code, in crisis intervention,	341
and in the handling of missing children and child abuse and	342
neglect cases, and in handling violations of section 2905.32 of	343
the Revised Code, and minimum courses of study and attendance	344
requirements with respect to such categories or classifications;	345

(7) Permitting persons, who are employed as members of a	346
campus police department appointed under section 1713.50 of the	347
Revised Code; who are employed as police officers by a qualified	348
nonprofit corporation police department pursuant to section	349
1702.80 of the Revised Code; who are appointed and commissioned as	350
bank, savings and loan association, savings bank, credit union, or	351
association of banks, savings and loan associations, savings	352
banks, or credit unions police officers, as railroad police	353
officers, or as hospital police officers pursuant to sections	354
4973.17 to 4973.22 of the Revised Code; or who are appointed and	355
commissioned as amusement park police officers pursuant to section	356
4973.17 of the Revised Code, to attend approved peace officer	357
training schools, including the Ohio peace officer training	358
academy, and to receive certificates of satisfactory completion of	359
basic training programs, if the private college or university that	360
established the campus police department; qualified nonprofit	361
corporation police department; bank, savings and loan association,	362
savings bank, credit union, or association of banks, savings and	363
loan associations, savings banks, or credit unions; railroad	364
company; hospital; or amusement park sponsoring the police	365
officers pays the entire cost of the training and certification	366
and if trainee vacancies are available;	367

(8) Permitting undercover drug agents to attend approved	368
peace officer training schools, other than the Ohio peace officer	369
training academy, and to receive certificates of satisfactory	370
completion of basic training programs, if, for each undercover	371
drug agent, the county, township, or municipal corporation that	372
employs that undercover drug agent pays the entire cost of the	373
training and certification;	374

(9)(a) The requirements for basic training programs for	375
bailiffs and deputy bailiffs of courts of record of this state and	376
for criminal investigators employed by the state public defender	377
that those persons shall complete before they may carry a firearm	378
while on duty;	379

(b) The requirements for any training received by a bailiff	380
or deputy bailiff of a court of record of this state or by a	381
criminal investigator employed by the state public defender prior	382
to June 6, 1986, that is to be considered equivalent to the	383
training described in division (A)(9)(a) of this section.	384

(10) Establishing minimum qualifications and requirements for	385
certification for dogs utilized by law enforcement agencies;	386

(11) Establishing minimum requirements for certification of	387
persons who are employed as correction officers in a full-service	388
jail, five-day facility, or eight-hour holding facility or who	389
provide correction services in such a jail or facility;	390

(12) Establishing requirements for the training of agents of	391
a county humane society under section 1717.06 of the Revised Code,	392
including, without limitation, a requirement that the agents	393
receive instruction on traditional animal husbandry methods and	394
training techniques, including customary owner-performed	395
practices.	396

(B) The commission shall appoint an executive director, with	397
the approval of the attorney general, who shall hold office during	398
the pleasure of the commission. The executive director shall	399
perform such duties assigned by the commission. The executive	400
director shall receive a salary fixed pursuant to Chapter 124. of	401
the Revised Code and reimbursement for expenses within the amounts	402
available by appropriation. The executive director may appoint	403
officers, employees, agents, and consultants as the executive	404
director considers necessary, prescribe their duties, and provide	405
for reimbursement of their expenses within the amounts available	406
for reimbursement by appropriation and with the approval of the	407
commission.	408

(C) The commission may do all of the following:

409

(1) Recommend studies, surveys, and reports to be made by the	410
executive director regarding the carrying out of the objectives	411
and purposes of sections 109.71 to 109.77 of the Revised Code;	412

(2) Visit and inspect any peace officer training school that	413
has been approved by the executive director or for which	414
application for approval has been made;	415

(3) Make recommendations, from time to time, to the executive	416
director, the attorney general, and the general assembly regarding	417
the carrying out of the purposes of sections 109.71 to 109.77 of	418
the Revised Code;	419

(4) Report to the attorney general from time to time, and to	420
the governor and the general assembly at least annually,	421
concerning the activities of the commission;	422

(5) Establish fees for the services the commission offers	423
under sections 109.71 to 109.79 of the Revised Code, including,	424
but not limited to, fees for training, certification, and testing;	425

(6) Perform such other acts as are necessary or appropriate	426
to carry out the powers and duties of the commission as set forth	427
in sections 109.71 to 109.77 of the Revised Code.	428

(D) In establishing the requirements, under division (A)(12)	429
of this section, the commission may consider any portions of the	430
curriculum for instruction on the topic of animal husbandry	431
practices, if any, of the Ohio state university college of	432
veterinary medicine. No person or entity that fails to provide	433
instruction on traditional animal husbandry methods and training	434
techniques, including customary owner-performed practices, shall	435
qualify to train a humane agent for appointment under section	436
1717.06 of the Revised Code.	437

Sec. 109.745.  (A) The attorney general shall provide	438
training for peace officers in investigating and handling	439
violations of section 2905.32 of the Revised Code. The training	440
shall include all of the following:	441

(1) Identifying violations of section 2905.32 of the Revised	442
Code;	443

(2) Methods used in identifying victims of violations of that	444
section who are citizens of the United States or a foreign	445
country, including preliminary interviewing techniques and	446
appropriate questioning methods;	447

(3) Methods for prosecuting persons who violate section	448
2905.32 of the Revised Code;	449

(4) Methods of increasing effective collaboration with	450
nongovernmental organizations and other social service	451
organizations in the course of a criminal action regarding a	452
violation of section 2905.32 of the Revised Code;	453

(5) Methods for protecting the rights of victims of	454
violations of that section, including the need to consider human	455
rights and the special needs of women and children who are victims	456
of violations of that section and to treat victims as victims	457
rather than as criminals;	458

(6) Methods for promoting the safety of victims of violations	459
of that section, including the training of peace officers to	460
quickly recognize victims of a violation of that section who are	461
citizens of the United States or citizens of a foreign country.	462

(B) Any organization, person, or other governmental agency	463
with an interest and expertise in trafficking in persons may	464
submit information or materials to the attorney general regarding	465
the development and presentation of the training required under	466
this section. The attorney general, in developing the training	467
required by this section, shall consider any information submitted	468
pursuant to this division.	469

Sec. 109.746.  (A) The attorney general shall prepare public	470
awareness programs that are designed to educate potential victims	471
of violations of section 2905.32 of the Revised Code and their	472
families of the risks of becoming a victim of a violation of that	473
section. The public awareness programs shall include the following	474
information:	475

(1) Information about the risks of becoming a victim of a	476
violation of section 2905.32 of the Revised Code, including	477
information about common recruitment techniques, use of debt	478
bondage and other coercive tactics, the risk of maltreatment,	479
rape, exposure to HIV and AIDS and other sexually transmitted	480
diseases, and the psychological harm related to being a victim of	481
a violation of that section;	482

(2) Information about the risks of engaging in a commercial	483
sex act and the possible consequences;	484

(3) Information about victim's rights as well as methods for	485
reporting suspected recruitment activities regarding a violation	486
of that section;	487

(4) Information on telephone hotlines for victims of	488
violations of section 2905.32 of the Revised Code and available	489
services to victims of a violation of that section.	490

(B) The attorney general shall prepare and disseminate public	491
awareness materials to educate the public on the extent of	492
trafficking in persons within the United States and to discourage	493
the demand that fosters the exploitation of persons and that leads	494
to trafficking in persons. The public awareness materials may	495
include information on the impact of trafficking in persons on	496
individual victims who are either citizens of the United States or	497
citizens of a foreign country, aggregate information on	498
trafficking worldwide and domestically, as well as warnings of the	499
potential for criminal consequences for participating in	500
trafficking in persons. The materials may include pamphlets,	501
brochures, posters, advertisements, and any other appropriate	502
methods.	503

(C) The programs and materials described in this section may	504
include information on the impact of trafficking in persons on	505
individual victims, but any information regarding the experiences	506
of those individual victims shall be confidential.	507

(D) The attorney general shall periodically evaluate all	508
public awareness programs and materials under this section to	509
ensure the programs' and materials' effectiveness.	510

(E) Any organization, person, or other governmental agency	511
with an interest and expertise in trafficking in persons may	512
submit information or materials to the attorney general regarding	513
the preparation of the programs and materials required under this	514
section. The attorney general, in developing the programs and	515
materials required by this section, shall consider any information	516
submitted pursuant to this division.	517

(F) As used in this section, "commercial sex act" and "debt	518
bondage" have the same meanings as in section 2905.31 of the	519
Revised Code.	520

Sec. 109.747.  To ensure that a victim of a violation of	521
section 2905.32 of the Revised Code is able to access any	522
available federal benefits and programs for victims of a violation	523
of that section, the attorney general shall do all of the	524
following:	525

(A) Inform the appropriate federal authorities about cases	526
known to the attorney general that involve a violation of section	527
2905.32 of the Revised Code;	528

(B) Within seventy-two hours after receipt of a written	529
request from a person identified by a peace officer as a victim of	530
section 2905.32 of the Revised Code for submission of a request	531
for continued presence in the United States, or a written request	532
from that person's representative for submission of a request for	533
continued presence of the victim in the United States, submit a	534
written request to the appropriate federal authorities requesting	535
that the victim be permitted continued presence in the United	536
States pursuant to 22 U.S.C. 7105;	537

(C) Within seventy-two hours of a written request from a	538
person identified by a peace officer as a victim of a violation of	539
section 2905.32 of the Revised Code for a law enforcement agency's	540
endorsement that the person is a victim of that section, or a	541
written request from that person's representative for an	542
endorsement of that nature, provide the person with an endorsement	543
of the person's victim status on Supplement B, Declaration of Law	544
Enforcement Officer for Victim of Trafficking in Persons, of Form	545
I-914 in accordance with 8 C.F.R. 214.11(f)(1) in support of that	546
person's application for a visa for an alien classified as a	547
nonimmigrant under 8 U.S.C. 1101(T);	548

(D) Within seventy-two hours after receipt of a request from	549
a person identified by a peace officer as a victim of a violation	550
of section 2905.32 of the Revised Code for documentation to	551
support the person's request for the benefits and services	552
described in this division, or a written request from that	553
person's representative for documentation of that nature, provide	554
the person with documentation in support of that person's request	555
for benefits and services to be provided to trafficking victims by	556
the office of refugee and resettlement in the United States	557
department of health and human services and by other federal	558
agencies pursuant to 22 U.S.C. 7105.	559

Sec. 2305.117.  An action brought pursuant to section 2307.54	560
of the Revised Code shall be brought within ten years after the	561
cause of action accrues. If the person bringing the action is a	562
disabled person, there is no limitation on when the action may be	563
brought. For purposes of this section, if the victim of a	564
violation of section 2905.32 of the Revised Code is a minor at the	565
time of the violation, a cause of action brought pursuant to	566
section 2307.54 of the Revised Code accrues upon the date on which	567
the victim reaches the age of majority.	568

Sec. 2307.54. A person who suffers injury or loss to person	569
or property as a result of an act committed in violation of	570
section 2905.32 of the Revised Code has a civil action against the	571
offender and may recover in that action full compensatory damages,	572
punitive or exemplary damages, court costs, other reasonable	573
expenses incurred in maintaining that action, and the reasonable	574
attorney's fees incurred in maintaining that action.	575

Sec. 2317.02.  The following persons shall not testify in	576
certain respects:	577

(A) An attorney, concerning a communication made to the	578
attorney by a client in that relation or the attorney's advice to	579
a client, except that the attorney may testify by express consent	580
of the client or, if the client is deceased, by the express	581
consent of the surviving spouse or the executor or administrator	582
of the estate of the deceased client. However, if the client	583
voluntarily testifies or is deemed by section 2151.421 of the	584
Revised Code to have waived any testimonial privilege under this	585
division, the attorney may be compelled to testify on the same	586
subject.	587

The testimonial privilege established under this division	588
does not apply concerning a communication between a client who has	589
since died and the deceased client's attorney if the communication	590
is relevant to a dispute between parties who claim through that	591
deceased client, regardless of whether the claims are by testate	592
or intestate succession or by inter vivos transaction, and the	593
dispute addresses the competency of the deceased client when the	594
deceased client executed a document that is the basis of the	595
dispute or whether the deceased client was a victim of fraud,	596
undue influence, or duress when the deceased client executed a	597
document that is the basis of the dispute.	598

(B)(1) A physician or a dentist concerning a communication	599
made to the physician or dentist by a patient in that relation or	600
the physician's or dentist's advice to a patient, except as	601
otherwise provided in this division, division (B)(2), and division	602
(B)(3) of this section, and except that, if the patient is deemed	603
by section 2151.421 of the Revised Code to have waived any	604
testimonial privilege under this division, the physician may be	605
compelled to testify on the same subject.	606

The testimonial privilege established under this division	607
does not apply, and a physician or dentist may testify or may be	608
compelled to testify, in any of the following circumstances:	609

(a) In any civil action, in accordance with the discovery	610
provisions of the Rules of Civil Procedure in connection with a	611
civil action, or in connection with a claim under Chapter 4123. of	612
the Revised Code, under any of the following circumstances:	613

(i) If the patient or the guardian or other legal	614
representative of the patient gives express consent;	615

(ii) If the patient is deceased, the spouse of the patient or	616
the executor or administrator of the patient's estate gives	617
express consent;	618

(iii) If a medical claim, dental claim, chiropractic claim,	619
or optometric claim, as defined in section 2305.113 of the Revised	620
Code, an action for wrongful death, any other type of civil	621
action, or a claim under Chapter 4123. of the Revised Code is	622
filed by the patient, the personal representative of the estate of	623
the patient if deceased, or the patient's guardian or other legal	624
representative.	625

(b) In any civil action concerning court-ordered treatment or	626
services received by a patient, if the court-ordered treatment or	627
services were ordered as part of a case plan journalized under	628
section 2151.412 of the Revised Code or the court-ordered	629
treatment or services are necessary or relevant to dependency,	630
neglect, or abuse or temporary or permanent custody proceedings	631
under Chapter 2151. of the Revised Code.	632

(c) In any criminal action concerning any test or the results	633
of any test that determines the presence or concentration of	634
alcohol, a drug of abuse, a combination of them, a controlled	635
substance, or a metabolite of a controlled substance in the	636
patient's whole blood, blood serum or plasma, breath, urine, or	637
other bodily substance at any time relevant to the criminal	638
offense in question.	639

(d) In any criminal action against a physician or dentist. In	640
such an action, the testimonial privilege established under this	641
division does not prohibit the admission into evidence, in	642
accordance with the Rules of Evidence, of a patient's medical or	643
dental records or other communications between a patient and the	644
physician or dentist that are related to the action and obtained	645
by subpoena, search warrant, or other lawful means. A court that	646
permits or compels a physician or dentist to testify in such an	647
action or permits the introduction into evidence of patient	648
records or other communications in such an action shall require	649
that appropriate measures be taken to ensure that the	650
confidentiality of any patient named or otherwise identified in	651
the records is maintained. Measures to ensure confidentiality that	652
may be taken by the court include sealing its records or deleting	653
specific information from its records.	654

(e)(i) If the communication was between a patient who has	655
since died and the deceased patient's physician or dentist, the	656
communication is relevant to a dispute between parties who claim	657
through that deceased patient, regardless of whether the claims	658
are by testate or intestate succession or by inter vivos	659
transaction, and the dispute addresses the competency of the	660
deceased patient when the deceased patient executed a document	661
that is the basis of the dispute or whether the deceased patient	662
was a victim of fraud, undue influence, or duress when the	663
deceased patient executed a document that is the basis of the	664
dispute.	665

(ii) If neither the spouse of a patient nor the executor or	666
administrator of that patient's estate gives consent under	667
division (B)(1)(a)(ii) of this section, testimony or the	668
disclosure of the patient's medical records by a physician,	669
dentist, or other health care provider under division (B)(1)(e)(i)	670
of this section is a permitted use or disclosure of protected	671
health information, as defined in 45 C.F.R. 160.103, and an	672
authorization or opportunity to be heard shall not be required.	673

(iii) Division (B)(1)(e)(i) of this section does not require	674
a mental health professional to disclose psychotherapy notes, as	675
defined in 45 C.F.R. 164.501.	676

(iv) An interested person who objects to testimony or	677
disclosure under division (B)(1)(e)(i) of this section may seek a	678
protective order pursuant to Civil Rule 26.	679

(v) A person to whom protected health information is	680
disclosed under division (B)(1)(e)(i) of this section shall not	681
use or disclose the protected health information for any purpose	682
other than the litigation or proceeding for which the information	683
was requested and shall return the protected health information to	684
the covered entity or destroy the protected health information,	685
including all copies made, at the conclusion of the litigation or	686
proceeding.	687

(2)(a) If any law enforcement officer submits a written	688
statement to a health care provider that states that an official	689
criminal investigation has begun regarding a specified person or	690
that a criminal action or proceeding has been commenced against a	691
specified person, that requests the provider to supply to the	692
officer copies of any records the provider possesses that pertain	693
to any test or the results of any test administered to the	694
specified person to determine the presence or concentration of	695
alcohol, a drug of abuse, a combination of them, a controlled	696
substance, or a metabolite of a controlled substance in the	697
person's whole blood, blood serum or plasma, breath, or urine at	698
any time relevant to the criminal offense in question, and that	699
conforms to section 2317.022 of the Revised Code, the provider,	700
except to the extent specifically prohibited by any law of this	701
state or of the United States, shall supply to the officer a copy	702
of any of the requested records the provider possesses. If the	703
health care provider does not possess any of the requested	704
records, the provider shall give the officer a written statement	705
that indicates that the provider does not possess any of the	706
requested records.	707

(b) If a health care provider possesses any records of the	708
type described in division (B)(2)(a) of this section regarding the	709
person in question at any time relevant to the criminal offense in	710
question, in lieu of personally testifying as to the results of	711
the test in question, the custodian of the records may submit a	712
certified copy of the records, and, upon its submission, the	713
certified copy is qualified as authentic evidence and may be	714
admitted as evidence in accordance with the Rules of Evidence.	715
Division (A) of section 2317.422 of the Revised Code does not	716
apply to any certified copy of records submitted in accordance	717
with this division. Nothing in this division shall be construed to	718
limit the right of any party to call as a witness the person who	719
administered the test to which the records pertain, the person	720
under whose supervision the test was administered, the custodian	721
of the records, the person who made the records, or the person	722
under whose supervision the records were made.	723

(3)(a) If the testimonial privilege described in division	724
(B)(1) of this section does not apply as provided in division	725
(B)(1)(a)(iii) of this section, a physician or dentist may be	726
compelled to testify or to submit to discovery under the Rules of	727
Civil Procedure only as to a communication made to the physician	728
or dentist by the patient in question in that relation, or the	729
physician's or dentist's advice to the patient in question, that	730
related causally or historically to physical or mental injuries	731
that are relevant to issues in the medical claim, dental claim,	732
chiropractic claim, or optometric claim, action for wrongful	733
death, other civil action, or claim under Chapter 4123. of the	734
Revised Code.	735

(b) If the testimonial privilege described in division (B)(1)	736
of this section does not apply to a physician or dentist as	737
provided in division (B)(1)(c) of this section, the physician or	738
dentist, in lieu of personally testifying as to the results of the	739
test in question, may submit a certified copy of those results,	740
and, upon its submission, the certified copy is qualified as	741
authentic evidence and may be admitted as evidence in accordance	742
with the Rules of Evidence. Division (A) of section 2317.422 of	743
the Revised Code does not apply to any certified copy of results	744
submitted in accordance with this division. Nothing in this	745
division shall be construed to limit the right of any party to	746
call as a witness the person who administered the test in	747
question, the person under whose supervision the test was	748
administered, the custodian of the results of the test, the person	749
who compiled the results, or the person under whose supervision	750
the results were compiled.	751

(4) The testimonial privilege described in division (B)(1) of	752
this section is not waived when a communication is made by a	753
physician to a pharmacist or when there is communication between a	754
patient and a pharmacist in furtherance of the physician-patient	755
relation.	756

(5)(a) As used in divisions (B)(1) to (4) of this section,	757
"communication" means acquiring, recording, or transmitting any	758
information, in any manner, concerning any facts, opinions, or	759
statements necessary to enable a physician or dentist to diagnose,	760
treat, prescribe, or act for a patient. A "communication" may	761
include, but is not limited to, any medical or dental, office, or	762
hospital communication such as a record, chart, letter,	763
memorandum, laboratory test and results, x-ray, photograph,	764
financial statement, diagnosis, or prognosis.	765

(b) As used in division (B)(2) of this section, "health care	766
provider" means a hospital, ambulatory care facility, long-term	767
care facility, pharmacy, emergency facility, or health care	768
practitioner.	769

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

770

(i) "Ambulatory care facility" means a facility that provides	771
medical, diagnostic, or surgical treatment to patients who do not	772
require hospitalization, including a dialysis center, ambulatory	773
surgical facility, cardiac catheterization facility, diagnostic	774
imaging center, extracorporeal shock wave lithotripsy center, home	775
health agency, inpatient hospice, birthing center, radiation	776
therapy center, emergency facility, and an urgent care center.	777
"Ambulatory health care facility" does not include the private	778
office of a physician or dentist, whether the office is for an	779
individual or group practice.	780

(ii) "Emergency facility" means a hospital emergency	781
department or any other facility that provides emergency medical	782
services.	783

(iii) "Health care practitioner" has the same meaning as in	784
section 4769.01 of the Revised Code.	785

(iv) "Hospital" has the same meaning as in section 3727.01 of	786
the Revised Code.	787

(v) "Long-term care facility" means a nursing home,	788
residential care facility, or home for the aging, as those terms	789
are defined in section 3721.01 of the Revised Code; an adult care	790
facility, as defined in section 3722.01 of the Revised Code; a	791
nursing facility or intermediate care facility for the mentally	792
retarded, as those terms are defined in section 5111.20 of the	793
Revised Code; a facility or portion of a facility certified as a	794
skilled nursing facility under Title XVIII of the "Social Security	795
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	796

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	797
the Revised Code.	798

(d) As used in divisions (B)(1) and (B)(2) of this section,	799
"drug of abuse" has the same meaning as in section 4506.01 of the	800
Revised Code.	801

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	802
apply to doctors of medicine, doctors of osteopathic medicine,	803
doctors of podiatry, and dentists.	804

(7) Nothing in divisions (B)(1) to (6) of this section	805
affects, or shall be construed as affecting, the immunity from	806
civil liability conferred by section 307.628 of the Revised Code	807
or the immunity from civil liability conferred by section 2305.33	808
of the Revised Code upon physicians who report an employee's use	809
of a drug of abuse, or a condition of an employee other than one	810
involving the use of a drug of abuse, to the employer of the	811
employee in accordance with division (B) of that section. As used	812
in division (B)(7) of this section, "employee," "employer," and	813
"physician" have the same meanings as in section 2305.33 of the	814
Revised Code.	815

(C)(1) A cleric, when the cleric remains accountable to the	816
authority of that cleric's church, denomination, or sect,	817
concerning a confession made, or any information confidentially	818
communicated, to the cleric for a religious counseling purpose in	819
the cleric's professional character. The cleric may testify by	820
express consent of the person making the communication, except	821
when the disclosure of the information is in violation of a sacred	822
trust and except that, if the person voluntarily testifies or is	823
deemed by division (A)(4)(c) of section 2151.421 of the Revised	824
Code to have waived any testimonial privilege under this division,	825
the cleric may be compelled to testify on the same subject except	826
when disclosure of the information is in violation of a sacred	827
trust.	828

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

829

(a) "Cleric" means a member of the clergy, rabbi, priest,	830
Christian scienceScience practitioner, or regularly ordained,	831
accredited, or licensed minister of an established and legally	832
cognizable church, denomination, or sect.	833

(b) "Sacred trust" means a confession or confidential	834
communication made to a cleric in the cleric's ecclesiastical	835
capacity in the course of discipline enjoined by the church to	836
which the cleric belongs, including, but not limited to, the	837
Catholic Church, if both of the following apply:	838

(i) The confession or confidential communication was made	839
directly to the cleric.	840

(ii) The confession or confidential communication was made in	841
the manner and context that places the cleric specifically and	842
strictly under a level of confidentiality that is considered	843
inviolate by canon law or church doctrine.	844

(D) Husband or wife, concerning any communication made by one	845
to the other, or an act done by either in the presence of the	846
other, during coverture, unless the communication was made, or act	847
done, in the known presence or hearing of a third person competent	848
to be a witness; and such rule is the same if the marital relation	849
has ceased to exist;	850

(E) A person who assigns a claim or interest, concerning any	851
matter in respect to which the person would not, if a party, be	852
permitted to testify;	853

(F) A person who, if a party, would be restricted under	854
section 2317.03 of the Revised Code, when the property or thing is	855
sold or transferred by an executor, administrator, guardian,	856
trustee, heir, devisee, or legatee, shall be restricted in the	857
same manner in any action or proceeding concerning the property or	858
thing.	859

(G)(1) A school guidance counselor who holds a valid educator	860
license from the state board of education as provided for in	861
section 3319.22 of the Revised Code, a trafficking-in-persons	862
caseworker, a person licensed under Chapter 4757. of the Revised	863
Code as a professional clinical counselor, professional counselor,	864
social worker, independent social worker, marriage and family	865
therapist or, independent marriage and family therapist, or a	866
person registered under Chapter 4757. of the Revised Code as a	867
social work assistant concerning a confidential communication	868
received from a client in that relation or the person's advice to	869
a client unless any of the following applies:	870

(a) The communication or advice indicates clear and present	871
danger to the client or other persons. For the purposes of this	872
division, cases in which there are indications of present or past	873
child abuse or neglect of the client constitute a clear and	874
present danger.	875

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

876

(c) If the client is deceased, the surviving spouse or the	877
executor or administrator of the estate of the deceased client	878
gives express consent.	879

(d) The client voluntarily testifies, in which case the	880
school guidance counselor, trafficking-in-persons caseworker, or	881
person licensed or registered under Chapter 4757. of the Revised	882
Code may be compelled to testify on the same subject.	883

(e) The court in camera determines that the information	884
communicated by the client is not germane to the counselor-client,	885
trafficking-in-persons caseworker-client, marriage and family	886
therapist-client, or social worker-client relationship.	887

(f) A court, in an action brought against a school, its	888
administration, or any of its personnel by the client, rules after	889
an in-camera inspection that the testimony of the school guidance	890
counselor is relevant to that action.	891

(g) The testimony is sought in a civil action and concerns	892
court-ordered treatment or services received by a patient as part	893
of a case plan journalized under section 2151.412 of the Revised	894
Code or the court-ordered treatment or services are necessary or	895
relevant to dependency, neglect, or abuse or temporary or	896
permanent custody proceedings under Chapter 2151. of the Revised	897
Code.	898

(2) Nothing in division (G)(1) of this section shall relieve	899
a school guidance counselor, trafficking-in-persons caseworker, or	900
a person licensed or registered under Chapter 4757. of the Revised	901
Code from the requirement to report information concerning child	902
abuse or neglect under section 2151.421 of the Revised Code.	903

(3) As used in this section, "trafficking-in-persons	904
caseworker" means a person who has received specialized training	905
in the counseling of victims of a violation of section 2905.32 of	906
the Revised Code and who meets one of the following requirements:	907

(a) The person has a master's degree in counseling or a	908
related field or has one year of counseling experience, at least	909
six months of which is in the counseling of victims of a violation	910
of section 2905.32 of the Revised Code.	911

(b) The person has at least forty hours of training in	912
counseling victims of a violation of section 2905.32 of the	913
Revised Code and is supervised by an individual who satisfies	914
division (G)(3)(a) of this section.	915

(c) The person is a psychotherapist.

916

(H) A mediator acting under a mediation order issued under	917
division (A) of section 3109.052 of the Revised Code or otherwise	918
issued in any proceeding for divorce, dissolution, legal	919
separation, annulment, or the allocation of parental rights and	920
responsibilities for the care of children, in any action or	921
proceeding, other than a criminal, delinquency, child abuse, child	922
neglect, or dependent child action or proceeding, that is brought	923
by or against either parent who takes part in mediation in	924
accordance with the order and that pertains to the mediation	925
process, to any information discussed or presented in the	926
mediation process, to the allocation of parental rights and	927
responsibilities for the care of the parents' children, or to the	928
awarding of parenting time rights in relation to their children;	929

(I) A communications assistant, acting within the scope of	930
the communication assistant's authority, when providing	931
telecommunications relay service pursuant to section 4931.35 of	932
the Revised Code or Title II of the "Communications Act of 1934,"	933
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	934
made through a telecommunications relay service. Nothing in this	935
section shall limit the obligation of a communications assistant	936
to divulge information or testify when mandated by federal law or	937
regulation or pursuant to subpoena in a criminal proceeding.	938

Nothing in this section shall limit any immunity or privilege	939
granted under federal law or regulation.	940

(J)(1) A chiropractor in a civil proceeding concerning a	941
communication made to the chiropractor by a patient in that	942
relation or the chiropractor's advice to a patient, except as	943
otherwise provided in this division. The testimonial privilege	944
established under this division does not apply, and a chiropractor	945
may testify or may be compelled to testify, in any civil action,	946
in accordance with the discovery provisions of the Rules of Civil	947
Procedure in connection with a civil action, or in connection with	948
a claim under Chapter 4123. of the Revised Code, under any of the	949
following circumstances:	950

(a) If the patient or the guardian or other legal	951
representative of the patient gives express consent.	952

(b) If the patient is deceased, the spouse of the patient or	953
the executor or administrator of the patient's estate gives	954
express consent.	955

(c) If a medical claim, dental claim, chiropractic claim, or	956
optometric claim, as defined in section 2305.113 of the Revised	957
Code, an action for wrongful death, any other type of civil	958
action, or a claim under Chapter 4123. of the Revised Code is	959
filed by the patient, the personal representative of the estate of	960
the patient if deceased, or the patient's guardian or other legal	961
representative.	962

(2) If the testimonial privilege described in division (J)(1)	963
of this section does not apply as provided in division (J)(1)(c)	964
of this section, a chiropractor may be compelled to testify or to	965
submit to discovery under the Rules of Civil Procedure only as to	966
a communication made to the chiropractor by the patient in	967
question in that relation, or the chiropractor's advice to the	968
patient in question, that related causally or historically to	969
physical or mental injuries that are relevant to issues in the	970
medical claim, dental claim, chiropractic claim, or optometric	971
claim, action for wrongful death, other civil action, or claim	972
under Chapter 4123. of the Revised Code.	973

(3) The testimonial privilege established under this division	974
does not apply, and a chiropractor may testify or be compelled to	975
testify, in any criminal action or administrative proceeding.	976

(4) As used in this division, "communication" means	977
acquiring, recording, or transmitting any information, in any	978
manner, concerning any facts, opinions, or statements necessary to	979
enable a chiropractor to diagnose, treat, or act for a patient. A	980
communication may include, but is not limited to, any	981
chiropractic, office, or hospital communication such as a record,	982
chart, letter, memorandum, laboratory test and results, x-ray,	983
photograph, financial statement, diagnosis, or prognosis.	984

(K)(1) Except as provided under division (K)(2) of this	985
section, a critical incident stress management team member	986
concerning a communication received from an individual who	987
receives crisis response services from the team member, or the	988
team member's advice to the individual, during a debriefing	989
session.	990

(2) The testimonial privilege established under division	991
(K)(1) of this section does not apply if any of the following are	992
true:	993

(a) The communication or advice indicates clear and present	994
danger to the individual who receives crisis response services or	995
to other persons. For purposes of this division, cases in which	996
there are indications of present or past child abuse or neglect of	997
the individual constitute a clear and present danger.	998

(b) The individual who received crisis response services	999
gives express consent to the testimony.	1000

(c) If the individual who received crisis response services	1001
is deceased, the surviving spouse or the executor or administrator	1002
of the estate of the deceased individual gives express consent.	1003

(d) The individual who received crisis response services	1004
voluntarily testifies, in which case the team member may be	1005
compelled to testify on the same subject.	1006

(e) The court in camera determines that the information	1007
communicated by the individual who received crisis response	1008
services is not germane to the relationship between the individual	1009
and the team member.	1010

(f) The communication or advice pertains or is related to any	1011
criminal act.	1012

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

1013

(a) "Crisis response services" means consultation, risk	1014
assessment, referral, and on-site crisis intervention services	1015
provided by a critical incident stress management team to	1016
individuals affected by crisis or disaster.	1017

(b) "Critical incident stress management team member" or	1018
"team member" means an individual specially trained to provide	1019
crisis response services as a member of an organized community or	1020
local crisis response team that holds membership in the Ohio	1021
critical incident stress management network.	1022

(c) "Debriefing session" means a session at which crisis	1023
response services are rendered by a critical incident stress	1024
management team member during or after a crisis or disaster.	1025

(L)(1) Subject to division (L)(2) of this section and except	1026
as provided in division (L)(3) of this section, an employee	1027
assistance professional, concerning a communication made to the	1028
employee assistance professional by a client in the employee	1029
assistance professional's official capacity as an employee	1030
assistance professional.	1031

(2) Division (L)(1) of this section applies to an employee	1032
assistance professional who meets either or both of the following	1033
requirements:	1034

(a) Is certified by the employee assistance certification	1035
commission to engage in the employee assistance profession;	1036

(b) Has education, training, and experience in all of the	1037
following:	1038

(i) Providing workplace-based services designed to address	1039
employer and employee productivity issues;	1040

(ii) Providing assistance to employees and employees'	1041
dependents in identifying and finding the means to resolve	1042
personal problems that affect the employees or the employees'	1043
performance;	1044

(iii) Identifying and resolving productivity problems	1045
associated with an employee's concerns about any of the following	1046
matters: health, marriage, family, finances, substance abuse or	1047
other addiction, workplace, law, and emotional issues;	1048

(iv) Selecting and evaluating available community resources;

1049

(v) Making appropriate referrals;

1050

(vi) Local and national employee assistance agreements;

1051

(vii) Client confidentiality.

1052

(3) Division (L)(1) of this section does not apply to any of	1053
the following:	1054

(a) A criminal action or proceeding involving an offense	1055
under sections 2903.01 to 2903.06 of the Revised Code if the	1056
employee assistance professional's disclosure or testimony relates	1057
directly to the facts or immediate circumstances of the offense;	1058

(b) A communication made by a client to an employee	1059
assistance professional that reveals the contemplation or	1060
commission of a crime or serious, harmful act;	1061

(c) A communication that is made by a client who is an	1062
unemancipated minor or an adult adjudicated to be incompetent and	1063
indicates that the client was the victim of a crime or abuse;	1064

(d) A civil proceeding to determine an individual's mental	1065
competency or a criminal action in which a plea of not guilty by	1066
reason of insanity is entered;	1067

(e) A civil or criminal malpractice action brought against	1068
the employee assistance professional;	1069

(f) When the employee assistance professional has the express	1070
consent of the client or, if the client is deceased or disabled,	1071
the client's legal representative;	1072

(g) When the testimonial privilege otherwise provided by	1073
division (L)(1) of this section is abrogated under law.	1074

Sec. 2743.191.  (A)(1) There is hereby created in the state	1075
treasury the reparations fund, which shall be used only for the	1076
following purposes:	1077

(a) The payment of awards of reparations that are granted by	1078
the attorney general;	1079

(b) The compensation of any personnel needed by the attorney	1080
general to administer sections 2743.51 to 2743.72 of the Revised	1081
Code;	1082

(c) The compensation of witnesses as provided in division (J)	1083
of section 2743.65 of the Revised Code;	1084

(d) Other administrative costs of hearing and determining	1085
claims for an award of reparations by the attorney general;	1086

(e) The costs of administering sections 2907.28 and 2969.01	1087
to 2969.06 of the Revised Code;	1088

(f) The costs of investigation and decision-making as	1089
certified by the attorney general;	1090

(g) The provision of state financial assistance to victim	1091
assistance programs in accordance with sections 109.91 and 109.92	1092
of the Revised Code;	1093

(h) The costs of paying the expenses of sex offense-related	1094
examinations and antibiotics pursuant to section 2907.28 of the	1095
Revised Code;	1096

(i) The cost of printing and distributing the pamphlet	1097
prepared by the attorney general pursuant to section 109.42 of the	1098
Revised Code;	1099

(j) Subject to division (D) of section 2743.71 of the Revised	1100
Code, the costs associated with the printing and providing of	1101
information cards or other printed materials to law enforcement	1102
agencies and prosecuting authorities and with publicizing the	1103
availability of awards of reparations pursuant to section 2743.71	1104
of the Revised Code;	1105

(k) The payment of costs of administering a DNA specimen	1106
collection procedure pursuant to sections 2152.74 and 2901.07 of	1107
the Revised Code, of performing DNA analysis of those DNA	1108
specimens, and of entering the resulting DNA records regarding	1109
those analyses into the DNA database pursuant to section 109.573	1110
of the Revised Code;	1111

(l) The payment of actual costs associated with initiatives	1112
by the attorney general for the apprehension, prosecution, and	1113
accountability of offenders, and the enhancing of services to	1114
crime victims. The amount of payments made pursuant to division	1115
(A)(1)(l) of this section during any given fiscal year shall not	1116
exceed five per cent of the balance of the reparations fund at the	1117
close of the immediately previous fiscal year;	1118

(m) The costs of administering the adult parole authority's	1119
supervision pursuant to division (E) of section 2971.05 of the	1120
Revised Code of sexually violent predators who are sentenced to a	1121
prison term pursuant to division (A)(3) of section 2971.03 of the	1122
Revised Code, of offenders who are sentenced to a prison term	1123
pursuant to division (B)(1)(a), (b), or (c) of that section for a	1124
violation of division (A)(1)(b) of section 2907.02 of the Revised	1125
Code, and of offenders who are sentenced to a prison term pursuant	1126
to division (B)(2)(a), (b), or (c) of section 2971.03 of the	1127
Revised Code for attempted rape and a specification of the type	1128
described in section 2941.1418, 2941.1419, or 2941.1420 of the	1129
Revised Code.	1130

(n) The costs of providing the services to victims of	1131
violations of section 2905.32 of the Revised Code pursuant to	1132
sections 2930.22 and 2930.23 of the Revised Code.	1133

(2) All costs paid pursuant to section 2743.70 of the Revised	1134
Code, the portions of license reinstatement fees mandated by	1135
division (F)(2)(b) of section 4511.191 of the Revised Code to be	1136
credited to the fund, the portions of the proceeds of the sale of	1137
a forfeited vehicle specified in division (C)(2) of section	1138
4503.234 of the Revised Code, payments collected by the department	1139
of rehabilitation and correction from prisoners who voluntarily	1140
participate in an approved work and training program pursuant to	1141
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	1142
all moneys collected by the state pursuant to its right of	1143
subrogation provided in section 2743.72 of the Revised Code shall	1144
be deposited in the fund.	1145

(B) In making an award of reparations, the attorney general	1146
shall render the award against the state. The award shall be	1147
accomplished only through the following procedure, and the	1148
following procedure may be enforced by writ of mandamus directed	1149
to the appropriate official:	1150

(1) The attorney general shall provide for payment of the	1151
claimant or providers in the amount of the award only if the	1152
amount of the award is fifty dollars or more.	1153

(2) The expense shall be charged against all available	1154
unencumbered moneys in the fund.	1155

(3) If sufficient unencumbered moneys do not exist in the	1156
fund, the attorney general shall make application for payment of	1157
the award out of the emergency purposes account or any other	1158
appropriation for emergencies or contingencies, and payment out of	1159
this account or other appropriation shall be authorized if there	1160
are sufficient moneys greater than the sum total of then pending	1161
emergency purposes account requests or requests for releases from	1162
the other appropriations.	1163

(4) If sufficient moneys do not exist in the account or any	1164
other appropriation for emergencies or contingencies to pay the	1165
award, the attorney general shall request the general assembly to	1166
make an appropriation sufficient to pay the award, and no payment	1167
shall be made until the appropriation has been made. The attorney	1168
general shall make this appropriation request during the current	1169
biennium and during each succeeding biennium until a sufficient	1170
appropriation is made. If, prior to the time that an appropriation	1171
is made by the general assembly pursuant to this division, the	1172
fund has sufficient unencumbered funds to pay the award or part of	1173
the award, the available funds shall be used to pay the award or	1174
part of the award, and the appropriation request shall be amended	1175
to request only sufficient funds to pay that part of the award	1176
that is unpaid.	1177

(C) The attorney general shall not make payment on a decision	1178
or order granting an award until all appeals have been determined	1179
and all rights to appeal exhausted, except as otherwise provided	1180
in this section. If any party to a claim for an award of	1181
reparations appeals from only a portion of an award, and a	1182
remaining portion provides for the payment of money by the state,	1183
that part of the award calling for the payment of money by the	1184
state and not a subject of the appeal shall be processed for	1185
payment as described in this section.	1186

(D) The attorney general shall prepare itemized bills for the	1187
costs of printing and distributing the pamphlet the attorney	1188
general prepares pursuant to section 109.42 of the Revised Code.	1189
The itemized bills shall set forth the name and address of the	1190
persons owed the amounts set forth in them.	1191

(E) As used in this section, "DNA analysis" and "DNA	1192
specimen" have the same meanings as in section 109.573 of the	1193
Revised Code.	1194

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	1195
or (3) of this section or as otherwise provided in this section, a	1196
prosecution shall be barred unless it is commenced within the	1197
following periods after an offense is committed:	1198

(a) For a felony, six years;

1199

(b) For a misdemeanor other than a minor misdemeanor, two	1200
years;	1201

(c) For a minor misdemeanor, six months.

1202

(2) There is no period of limitation for the prosecution of a	1203
violation of section 2903.01 or 2903.02 of the Revised Code or a	1204
violation of section 2905.32 of the Revised Code if the victim is	1205
a disabled person.	1206

(3) Except as otherwise provided in divisions (B) to (H) of	1207
this section, a prosecution of any of the following offenses shall	1208
be barred unless it is commenced within twenty years after the	1209
offense is committed:	1210

(a) A violation of section 2903.03, 2903.04, 2905.01,	1211
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,	1212
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	1213
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	1214
violation of section 2903.11 or 2903.12 of the Revised Code if the	1215
victim is a peace officer, a violation of section 2903.13 of the	1216
Revised Code that is a felony, a violation of section 2905.32 of	1217
the Revised Code, or a violation of former section 2907.12 of the	1218
Revised Code;	1219

(b) A conspiracy to commit, attempt to commit, or complicity	1220
in committing a violation set forth in division (A)(3)(a) of this	1221
section.	1222

(B) If the period of limitation provided in division (A)(1)	1223
or (3) of this section has expired, prosecution shall be commenced	1224
for an offense of which an element is fraud or breach of a	1225
fiduciary duty, within one year after discovery of the offense	1226
either by an aggrieved person, or by the aggrieved person's legal	1227
representative who is not a party to the offense.	1228

(C) If the period of limitation provided in division (A)(1)	1229
or (3) of this section has expired, prosecution shall be commenced	1230
for an offense involving misconduct in office by a public servant	1231
as defined in section 2921.01 of the Revised Code, at any time	1232
while the accused remains a public servant, or within two years	1233
thereafter.	1234

(D) An offense is committed when every element of the offense	1235
occurs. In the case of an offense of which an element is a	1236
continuing course of conduct, the period of limitation does not	1237
begin to run until such course of conduct or the accused's	1238
accountability for it terminates, whichever occurs first.	1239

(E) A prosecution is commenced on the date an indictment is	1240
returned or an information filed, or on the date a lawful arrest	1241
without a warrant is made, or on the date a warrant, summons,	1242
citation, or other process is issued, whichever occurs first. A	1243
prosecution is not commenced by the return of an indictment or the	1244
filing of an information unless reasonable diligence is exercised	1245
to issue and execute process on the same. A prosecution is not	1246
commenced upon issuance of a warrant, summons, citation, or other	1247
process, unless reasonable diligence is exercised to execute the	1248
same.	1249

(F) The period of limitation shall not run during any time	1250
when the corpus delicti remains undiscovered.	1251

(G) The period of limitation shall not run during any time	1252
when the accused purposely avoids prosecution. Proof that the	1253
accused departed this state or concealed the accused's identity or	1254
whereabouts is prima-facie evidence of the accused's purpose to	1255
avoid prosecution.	1256

(H) The period of limitation shall not run during any time a	1257
prosecution against the accused based on the same conduct is	1258
pending in this state, even though the indictment, information, or	1259
process which commenced the prosecution is quashed or the	1260
proceedings thereon are set aside or reversed on appeal.	1261

(I) The period of limitation for a violation of any provision	1262
of Title XXIX of the Revised Code that involves a physical or	1263
mental wound, injury, disability, or condition of a nature that	1264
reasonably indicates abuse or neglect of a child under eighteen	1265
years of age or of a mentally retarded, developmentally disabled,	1266
or physically impaired child under twenty-one years of age shall	1267
not begin to run until either of the following occurs:	1268

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

1269

(2) A public children services agency, or a municipal or	1270
county peace officer that is not the parent or guardian of the	1271
child, in the county in which the child resides or in which the	1272
abuse or neglect is occurring or has occurred has been notified	1273
that abuse or neglect is known, suspected, or believed to have	1274
occurred.	1275

(J) The period of limitation for a violation of section	1276
2905.32 of the Revised Code that involves a child under eighteen	1277
years of age shall not begin to run until the victim of the	1278
offense reaches the age of majority.	1279

(K) As used in this section, "peace officer" has the same	1280
meaning as in section 2935.01 of the Revised Code.	1281

Sec. 2905.31.  As used in sections 2905.31 to 2905.36 of the	1282
Revised Code:	1283

(A) "Commercial sex act" means any sex act on account of	1284
which anything of value is directly or indirectly given, promised	1285
to, or received by any person.	1286

(B) "Debt coercion" means the exploitation of the status or	1287
condition of a debtor arising from a pledge by the debtor of the	1288
debtor's personal services or those of a person under the debtor's	1289
control as security for a debt if the value of those services as	1290
reasonably assessed is not applied toward the liquidation of the	1291
debt, if the length or nature of those services is not limited and	1292
defined, or if the principal amount of the debt does not	1293
reasonably reflect the value of the items or services for which	1294
the debt was incurred.	1295

(C) "Financial harm" includes activity that would be a	1296
violation of section 2905.22 of the Revised Code and employment	1297
contracts that violate Chapter 1335. of the Revised Code.	1298

(D) "Labor" means work of economic or financial value.

1299

(E) "Organization" has the same meaning as in section 2901.23	1300
of the Revised Code.	1301

(F) "Pattern of trafficking in persons" means that both of	1302
the following apply:	1303

(1) A person has committed two or more instances of	1304
trafficking in persons, whether or not there has been a prior	1305
conviction or guilty plea, that are not so closely related to each	1306
other and connected in time and place that they constitute a	1307
single event.	1308

(2) At least one of the incidents forming the pattern of	1309
trafficking in persons occurs on or after the effective date of	1310
this section.	1311

(G) "Services" means an ongoing relationship between persons	1312
in which a person performs activities at the behest of, under the	1313
supervision of, or for the benefit of another person.	1314

(H) "Sexually explicit performance" means a live, public,	1315
private, photographed, recorded, or videotaped act intended to	1316
sexually arouse, satisfy the sexual desires of, or appeal to the	1317
prurient interests of any person.	1318

(I) "Trafficking in persons" means that a person knowingly	1319
does either of the following:	1320

(1) Engages in, attempts to engage in, conspires to engage	1321
in, or recruits, lures, entices, harbors, transports, provides, or	1322
obtains or attempts to recruit, lure, entice, harbor, transport,	1323
provide, or obtain another person to engage in a violation of	1324
section 2905.01, 2905.02, 2907.21, 2907.22, 2907.32, 2907.321,	1325
2907.322, or 2907.323 of the Revised Code or a violation of any	1326
former law of this state, any existing or former municipal	1327
ordinance or law of another state or the United States, or any	1328
existing or former law of any nation other than the United States	1329
that is or was substantially equivalent to one of these offenses	1330
and either of the following applies:	1331

(a) For an adult victim, the offender recruited, lured,	1332
enticed, harbored, transported, provided, or obtained or attempted	1333
to recruit, lure, entice, harbor, transport, provide, or obtain	1334
the victim for the purpose of engaging in a commercial sex act, a	1335
sexually explicit performance, labor, or services by doing one of	1336
the following:	1337

(i) By causing or threatening to cause serious bodily harm to	1338
the victim or another person;	1339

(ii) By physically restraining or threatening to physically	1340
restrain the victim or another person;	1341

(iii) By knowingly destroying, concealing, removing,	1342
confiscating, or possessing any actual or purported passport or	1343
other immigration document or any other actual or purported	1344
government identification document of another person;	1345

(iv) By means of the abuse or threatened abuse of the law or	1346
legal process;	1347

(v) By committing a violation of section 2905.11 of the	1348
Revised Code;	1349

(vi) By deception or fraud;

1350

(vii) By debt coercion;

1351

(viii) By causing or threatening to cause financial harm to	1352
any person;	1353

(ix) By facilitating or controlling a person's access to any	1354
addictive controlled substance;	1355

(x) By causing any scheme, plan, or pattern to cause a person	1356
to believe that if the person does not perform a commercial sex	1357
act, sexually explicit performance, labor, or services that person	1358
will suffer serious physical harm or unlawful restraint.	1359

(b) If the victim is a minor, the offender recruited, lured,	1360
enticed, harbored, transported, provided, or obtained or attempted	1361
to recruit, lure, entice, harbor, transport, provide, or obtain	1362
the victim for the purpose of engaging in a commercial sex act, a	1363
sexually explicit performance, labor, or services by any means.	1364

(2) Benefits financially or receives anything of value from	1365
participation as an organizer, supervisor, financier, or manager	1366
in a scheme or course of conduct described in division (I)(1) of	1367
this section.	1368

Sec. 2905.32.  No person shall engage in a pattern of	1369
trafficking in persons.	1370

(B) Whoever violates this section is guilty of trafficking in	1371
persons, a felony of the first degree.	1372

(C) Evidence of any of the following does not constitute a	1373
defense to a violation of this section:	1374

(1) The victim's sexual history or history of performing a	1375
commercial sex act;	1376

(2) The victim's connection by blood or marriage to the	1377
defendant;	1378

(3) Consent of or permission by the victim or any other	1379
person on the victim's behalf to performing a commercial sex act	1380
or a sexually explicit performance;	1381

(4) The victim's age.

1382

Sec. 2905.33. (A) No person shall knowingly sell or offer to	1383
sell travel-related services that include or facilitate in-state	1384
or out-of-state travel that would result in a violation of section	1385
2907.23 or 2907.24 of the Revised Code.	1386

(B) Whoever violates this section is guilty of promoting sex	1387
tourism, a felony of the section degree.	1388

Sec. 2905.34.  (A) An organization that knowingly aids a	1389
person in or participates in a violation of section 2905.32 of the	1390
Revised Code is criminally liable in accordance with section	1391
2901.23 of the Revised Code.	1392

(B) In addition to any fine imposed under section 2901.23 of	1393
the Revised Code, if an organization is convicted of violating	1394
section 2905.32 of the Revised Code, the court may do any of the	1395
following:	1396

(1) Order the dissolution or reorganization of the	1397
organization;	1398

(2) Order the suspension or revocation of any license,	1399
permit, or prior approval granted to the organization by any state	1400
agency;	1401

(3) Order the surrender of the organization's charter if the	1402
organization is organized under the laws of this state or the	1403
revocation of the organization's certificate to conduct business	1404
in this state if the organization is not organized under the laws	1405
of this state.	1406

Sec. 2905.35.  (A) In addition to any other penalty or	1407
disposition authorized or required by law, the court shall order	1408
any person who is convicted of or pleads guilty to a violation of	1409
section 2905.32 of the Revised Code to criminally forfeit to the	1410
state any personal or real property to which the person has an	1411
interest and that was used in the course of or intended for use in	1412
the course of a violation of section 2905.32 of the Revised Code	1413
or that was derived from or realized through conduct in violation	1414
of section 2905.32 of the Revised Code.	1415

(B) All property ordered forfeited pursuant to this section	1416
shall be held by the law enforcement agency for distribution and	1417
disposal pursuant to section 2933.41 of the Revised Code. The	1418
agency shall maintain an accurate record of each item of property	1419
so seized and held. The record shall include the date on which	1420
each item was seized, the manner and date of disposition by the	1421
agency, and, if applicable, the name of the person who received	1422
the item. The record shall not identify or enable the	1423
identification of the individual officer who seized the property.	1424
The record is a public record open for inspection under section	1425
149.43 of the Revised Code. Each law enforcement agency that	1426
seizes and holds in any calendar year any item of property that is	1427
ordered forfeited pursuant to this section shall prepare a report	1428
covering the calendar year that cumulates all of the information	1429
contained in all of the records kept by the agency pursuant to	1430
this division for that calendar year and shall send the cumulative	1431
report, not later than the first day of March in the calendar year	1432
following the calendar year covered by the report, to the attorney	1433
general. Each report received by the attorney general is a public	1434
record open for inspection under section 149.43 of the Revised	1435
Code. Not later than the fifteenth day of April in the calendar	1436
year in which the reports were received, the attorney general	1437
shall send to the president of the senate and the speaker of the	1438
house of representatives a written notification that does all of	1439
the following:	1440

(1) Indicates that the attorney general has received from law	1441
enforcement agencies reports of the type described in this	1442
division that cover the previous calendar year and indicates that	1443
the reports were received under this division;	1444

(2) Indicates that the reports are open for inspection under	1445
section 149.43 of the Revised Code;	1446

(3) Indicates that the attorney general will provide a copy	1447
of any or all of the reports to the president of the senate or the	1448
speaker of the house of representatives upon request.	1449

(C) Notwithstanding the notice and procedure prescribed by	1450
division (E) of this section, an order of criminal forfeiture	1451
entered under division (A) of this section shall authorize an	1452
appropriate law enforcement agency to seize the property declared	1453
forfeited under this section upon the terms and conditions	1454
relating to the time and manner of seizure that the court	1455
determines proper.	1456

(D)(1) Upon entry of a judgment of forfeiture pursuant to	1457
division (A) of this section, the court shall cause notice of the	1458
judgment to be sent by certified mail, return receipt requested,	1459
to all persons known to have, or appearing to have, an interest in	1460
the property that was acquired pursuant to division (A) of this	1461
section. If the notices cannot be given to those persons in that	1462
manner, the court shall cause publication of the notice of the	1463
judgment of forfeiture pursuant to the Rules of Civil Procedure.	1464

(2) Within thirty days after receipt of a notice or after the	1465
date of publication of a notice under division (D)(1) of this	1466
section, any person, other than the defendant, who claims an	1467
interest in the property that is subject to forfeiture may	1468
petition the court for a hearing to determine the validity of the	1469
claim. The petition shall be signed and sworn to by the petitioner	1470
and shall set forth the nature and extent of the petitioner's	1471
interest in the property, the date and circumstances of the	1472
petitioner's acquisition of the interest, any additional	1473
allegations supporting the claim, and the relief sought. The	1474
petitioner shall furnish the prosecuting attorney with a copy of	1475
the petition.	1476

(3) The court, to the extent practicable and consistent with	1477
the interests of justice, shall hold the hearing described in	1478
division (D)(2) of this section within thirty days from the filing	1479
of the petition. The court may consolidate the hearings on all	1480
petitions filed by third party claimants under this section. At	1481
the hearing, the petitioner may testify and present evidence on	1482
the petitioner's own behalf and cross-examine witnesses. The	1483
prosecuting attorney may present evidence and witnesses in	1484
rebuttal and in defense of the claim of the state to the property	1485
and cross-examine witnesses. The court, in making its	1486
determination, shall consider the testimony and evidence presented	1487
at the hearing and the relevant portions of the record of the	1488
criminal proceeding that resulted in the judgment of forfeiture.	1489

(4) If at a hearing held under division (E)(3) of this	1490
section the court, by a preponderance of the evidence, determines	1491
either that the petitioner has a legal right, title, or interest	1492
in the property that, at the time of the commission of the acts	1493
giving rise to the forfeiture of the property, was vested in the	1494
petitioner and not in the defendant or was superior to the right,	1495
title, or interest of the defendant, or that the petitioner is a	1496
bona fide purchaser for value of the right, title, or interest in	1497
the property and was at the time of the purchase reasonably	1498
without cause to believe that the property was subject to	1499
forfeiture under this section, the court shall amend, in	1500
accordance with its determination, the judgment of forfeiture to	1501
protect the rights of innocent persons.	1502

(E) Except as provided in division (D) of this section, no	1503
person claiming an interest in property that is subject to	1504
forfeiture under this section shall do either of the following:	1505

(1) Intervene in a trial or appeal of a criminal case that	1506
involves the forfeiture of property;	1507

(2) File an action against the state concerning the validity	1508
of the person's alleged interest in the property subsequent to the	1509
filing of the indictment, count in the indictment, or information	1510
that alleges that the property is subject to forfeiture under this	1511
section.	1512

(F) Unclaimed or forfeited property in the custody of a law	1513
enforcement agency shall be disposed of pursuant to the procedure	1514
in section 2933.41 of the Revised Code, except that the proceeds	1515
from property disposed of pursuant to section 2933.41 of the	1516
Revised Code shall first be used to pay restitution to the victim	1517
of a violation of section 2905.32 of the Revised Code as provided	1518
in section 2929.181 of the Revised Code, as well as to pay any	1519
punitive or exemplary damages awarded to that victim in a civil	1520
action filed pursuant to section 2307.54 of the Revised Code.	1521

Sec. 2905.36. No provision of Title XXIX of the Revised Code	1522
that prohibits a person from engaging in specified criminal	1523
activity applies to a victim of a violation of section 2905.32 of	1524
the Revised Code who violated that provision of Title XXIX of the	1525
Revised Code while the victim was under duress or coercion that	1526
resulted from that violation of section 2905.32 of the Revised	1527
Code and the victim committed the violation because of that duress	1528
or coercion.	1529

Sec. 2921.22.  (A) No person, knowing that a felony has been	1530
or is being committed, shall knowingly fail to report such	1531
information to law enforcement authorities.	1532

(B) Except for conditions that are within the scope of	1533
division (E) of this section, no physician, limited practitioner,	1534
nurse, or other person giving aid to a sick or injured person	1535
shall negligently fail to report to law enforcement authorities	1536
any gunshot or stab wound treated or observed by the physician,	1537
limited practitioner, nurse, or person, or any serious physical	1538
harm to persons that the physician, limited practitioner, nurse,	1539
or person knows or has reasonable cause to believe resulted from	1540
an offense of violence.	1541

(C) No person who discovers the body or acquires the first	1542
knowledge of the death of a person shall fail to report the death	1543
immediately to a physician whom the person knows to be treating	1544
the deceased for a condition from which death at such time would	1545
not be unexpected, or to a law enforcement officer, an ambulance	1546
service, an emergency squad, or the coroner in a political	1547
subdivision in which the body is discovered, the death is believed	1548
to have occurred, or knowledge concerning the death is obtained.	1549

(D) No person shall fail to provide upon request of the	1550
person to whom a report required by division (C) of this section	1551
was made, or to any law enforcement officer who has reasonable	1552
cause to assert the authority to investigate the circumstances	1553
surrounding the death, any facts within the person's knowledge	1554
that may have a bearing on the investigation of the death.	1555

(E)(1) As used in this division, "burn injury" means any of	1556
the following:	1557

(a) Second or third degree burns;

1558

(b) Any burns to the upper respiratory tract or laryngeal	1559
edema due to the inhalation of superheated air;	1560

(c) Any burn injury or wound that may result in death;

1561

(d) Any physical harm to persons caused by or as the result	1562
of the use of fireworks, novelties and trick noisemakers, and wire	1563
sparklers, as each is defined by section 3743.01 of the Revised	1564
Code.	1565

(2) No physician, nurse, or limited practitioner who, outside	1566
a hospital, sanitarium, or other medical facility, attends or	1567
treats a person who has sustained a burn injury that is inflicted	1568
by an explosion or other incendiary device or that shows evidence	1569
of having been inflicted in a violent, malicious, or criminal	1570
manner shall fail to report the burn injury immediately to the	1571
local arson, or fire and explosion investigation, bureau, if there	1572
is a bureau of this type in the jurisdiction in which the person	1573
is attended or treated, or otherwise to local law enforcement	1574
authorities.	1575

(3) No manager, superintendent, or other person in charge of	1576
a hospital, sanitarium, or other medical facility in which a	1577
person is attended or treated for any burn injury that is	1578
inflicted by an explosion or other incendiary device or that shows	1579
evidence of having been inflicted in a violent, malicious, or	1580
criminal manner shall fail to report the burn injury immediately	1581
to the local arson, or fire and explosion investigation, bureau,	1582
if there is a bureau of this type in the jurisdiction in which the	1583
person is attended or treated, or otherwise to local law	1584
enforcement authorities.	1585

(4) No person who is required to report any burn injury under	1586
division (E)(2) or (3) of this section shall fail to file, within	1587
three working days after attending or treating the victim, a	1588
written report of the burn injury with the office of the state	1589
fire marshal. The report shall comply with the uniform standard	1590
developed by the state fire marshal pursuant to division (A)(15)	1591
of section 3737.22 of the Revised Code.	1592

(5) Anyone participating in the making of reports under	1593
division (E) of this section or anyone participating in a judicial	1594
proceeding resulting from the reports is immune from any civil or	1595
criminal liability that otherwise might be incurred or imposed as	1596
a result of such actions. Notwithstanding section 4731.22 of the	1597
Revised Code, the physician-patient relationship is not a ground	1598
for excluding evidence regarding a person's burn injury or the	1599
cause of the burn injury in any judicial proceeding resulting from	1600
a report submitted under division (E) of this section.	1601

(F)(1) Any doctor of medicine or osteopathic medicine,	1602
hospital intern or resident, registered or licensed practical	1603
nurse, psychologist, social worker, independent social worker,	1604
social work assistant, professional clinical counselor, or	1605
professional counselor who knows or has reasonable cause to	1606
believe that a patient or client has been the victim of domestic	1607
violence, as defined in section 3113.31 of the Revised Code, shall	1608
note that knowledge or belief and the basis for it in the	1609
patient's or client's records.	1610

(2) Notwithstanding section 4731.22 of the Revised Code, the	1611
doctor-patient privilege shall not be a ground for excluding any	1612
information regarding the report containing the knowledge or	1613
belief noted under division (F)(1) of this section, and the	1614
information may be admitted as evidence in accordance with the	1615
Rules of Evidence.	1616

(G) Divisions (A) and (D) of this section do not require	1617
disclosure of information, when any of the following applies:	1618

(1) The information is privileged by reason of the	1619
relationship between attorney and client; doctor and patient;	1620
licensed psychologist or licensed school psychologist and client;	1621
member of the clergy, rabbi, minister, or priest and any person	1622
communicating information confidentially to the member of the	1623
clergy, rabbi, minister, or priest for a religious counseling	1624
purpose of a professional character; husband and wife; or a	1625
communications assistant and those who are a party to a	1626
telecommunications relay service call; or a victim of a violation	1627
of section 2905.32 of the Revised Code and a	1628
trafficking-in-persons caseworker, as defined in section 2317.02	1629
of the Revised Code.	1630

(2) The information would tend to incriminate a member of the	1631
actor's immediate family.	1632

(3) Disclosure of the information would amount to revealing a	1633
news source, privileged under section 2739.04 or 2739.12 of the	1634
Revised Code.	1635

(4) Disclosure of the information would amount to disclosure	1636
by a member of the ordained clergy of an organized religious body	1637
of a confidential communication made to that member of the clergy	1638
in that member's capacity as a member of the clergy by a person	1639
seeking the aid or counsel of that member of the clergy.	1640

(5) Disclosure would amount to revealing information acquired	1641
by the actor in the course of the actor's duties in connection	1642
with a bona fide program of treatment or services for drug	1643
dependent persons or persons in danger of drug dependence, which	1644
program is maintained or conducted by a hospital, clinic, person,	1645
agency, or organization certified pursuant to section 3793.06 of	1646
the Revised Code.	1647

(6) Disclosure would amount to revealing information acquired	1648
by the actor in the course of the actor's duties in connection	1649
with a bona fide program for providing counseling services to	1650
victims of crimes that are violations of section 2907.02 or	1651
2907.05 of the Revised Code or to victims of felonious sexual	1652
penetration in violation of former section 2907.12 of the Revised	1653
Code. As used in this division, "counseling services" include	1654
services provided in an informal setting by a person who, by	1655
education or experience, is competent to provide those services.	1656

(H) No disclosure of information pursuant to this section	1657
gives rise to any liability or recrimination for a breach of	1658
privilege or confidence.	1659

(I) Whoever violates division (A) or (B) of this section is	1660
guilty of failure to report a crime. Violation of division (A) of	1661
this section is a misdemeanor of the fourth degree. Violation of	1662
division (B) of this section is a misdemeanor of the second	1663
degree.	1664

(J) Whoever violates division (C) or (D) of this section is	1665
guilty of failure to report knowledge of a death, a misdemeanor of	1666
the fourth degree.	1667

(K)(1) Whoever negligently violates division (E) of this	1668
section is guilty of a minor misdemeanor.	1669

(2) Whoever knowingly violates division (E) of this section	1670
is guilty of a misdemeanor of the second degree.	1671

Sec. 2923.01.  (A) No person, with purpose to commit or to	1672
promote or facilitate the commission of aggravated murder, murder,	1673
kidnapping, compelling prostitution, promoting prostitution,	1674
trafficking in persons, aggravated arson, arson, aggravated	1675
robbery, robbery, aggravated burglary, burglary, engaging in a	1676
pattern of corrupt activity, corrupting another with drugs, a	1677
felony drug trafficking, manufacturing, processing, or possession	1678
offense, theft of drugs, or illegal processing of drug documents,	1679
the commission of a felony offense of unauthorized use of a	1680
vehicle, illegally transmitting multiple commercial electronic	1681
mail messages or unauthorized access of a computer in violation of	1682
section 2923.421 of the Revised Code, or the commission of a	1683
violation of any provision of Chapter 3734. of the Revised Code,	1684
other than section 3734.18 of the Revised Code, that relates to	1685
hazardous wastes, shall do either of the following:	1686

(1) With another person or persons, plan or aid in planning	1687
the commission of any of the specified offenses;	1688

(2) Agree with another person or persons that one or more of	1689
them will engage in conduct that facilitates the commission of any	1690
of the specified offenses.	1691

(B) No person shall be convicted of conspiracy unless a	1692
substantial overt act in furtherance of the conspiracy is alleged	1693
and proved to have been done by the accused or a person with whom	1694
the accused conspired, subsequent to the accused's entrance into	1695
the conspiracy. For purposes of this section, an overt act is	1696
substantial when it is of a character that manifests a purpose on	1697
the part of the actor that the object of the conspiracy should be	1698
completed.	1699

(C) When the offender knows or has reasonable cause to	1700
believe that a person with whom the offender conspires also has	1701
conspired or is conspiring with another to commit the same	1702
offense, the offender is guilty of conspiring with that other	1703
person, even though the other person's identity may be unknown to	1704
the offender.	1705

(D) It is no defense to a charge under this section that, in	1706
retrospect, commission of the offense that was the object of the	1707
conspiracy was impossible under the circumstances.	1708

(E) A conspiracy terminates when the offense or offenses that	1709
are its objects are committed or when it is abandoned by all	1710
conspirators. In the absence of abandonment, it is no defense to a	1711
charge under this section that no offense that was the object of	1712
the conspiracy was committed.	1713

(F) A person who conspires to commit more than one offense is	1714
guilty of only one conspiracy, when the offenses are the object of	1715
the same agreement or continuous conspiratorial relationship.	1716

(G) When a person is convicted of committing or attempting to	1717
commit a specific offense or of complicity in the commission of or	1718
attempt to commit the specific offense, the person shall not be	1719
convicted of conspiracy involving the same offense.	1720

(H)(1) No person shall be convicted of conspiracy upon the	1721
testimony of a person with whom the defendant conspired,	1722
unsupported by other evidence.	1723

(2) If a person with whom the defendant allegedly has	1724
conspired testifies against the defendant in a case in which the	1725
defendant is charged with conspiracy and if the testimony is	1726
supported by other evidence, the court, when it charges the jury,	1727
shall state substantially the following:	1728

"The testimony of an accomplice that is supported by other	1729
evidence does not become inadmissible because of the accomplice's	1730
complicity, moral turpitude, or self-interest, but the admitted or	1731
claimed complicity of a witness may affect the witness'	1732
credibility and make the witness' testimony subject to grave	1733
suspicion, and require that it be weighed with great caution.	1734

It is for you, as jurors, in the light of all the facts	1735
presented to you from the witness stand, to evaluate such	1736
testimony and to determine its quality and worth or its lack of	1737
quality and worth."	1738

(3) "Conspiracy," as used in division (H)(1) of this section,	1739
does not include any conspiracy that results in an attempt to	1740
commit an offense or in the commission of an offense.	1741

(I) The following are affirmative defenses to a charge of	1742
conspiracy:	1743

(1) After conspiring to commit an offense, the actor thwarted	1744
the success of the conspiracy under circumstances manifesting a	1745
complete and voluntary renunciation of the actor's criminal	1746
purpose.	1747

(2) After conspiring to commit an offense, the actor	1748
abandoned the conspiracy prior to the commission of or attempt to	1749
commit any offense that was the object of the conspiracy, either	1750
by advising all other conspirators of the actor's abandonment, or	1751
by informing any law enforcement authority of the existence of the	1752
conspiracy and of the actor's participation in the conspiracy.	1753

(J) Whoever violates this section is guilty of conspiracy,	1754
which is one of the following:	1755

(1) A felony of the first degree, when one of the objects of	1756
the conspiracy is aggravated murder, murder, trafficking in	1757
persons, or an offense for which the maximum penalty is	1758
imprisonment for life;	1759

(2) A felony of the next lesser degree than the most serious	1760
offense that is the object of the conspiracy, when the most	1761
serious offense that is the object of the conspiracy is a felony	1762
of the first, second, third, or fourth degree;	1763

(3) A felony punishable by a fine of not more than	1764
twenty-five thousand dollars or imprisonment for not more than	1765
eighteen months, or both, when the offense that is the object of	1766
the conspiracy is a violation of any provision of Chapter 3734. of	1767
the Revised Code, other than section 3734.18 of the Revised Code,	1768
that relates to hazardous wastes;	1769

(4) A misdemeanor of the first degree, when the most serious	1770
offense that is the object of the conspiracy is a felony of the	1771
fifth degree.	1772

(K) This section does not define a separate conspiracy	1773
offense or penalty where conspiracy is defined as an offense by	1774
one or more sections of the Revised Code, other than this section.	1775
In such a case, however:	1776

(1) With respect to the offense specified as the object of	1777
the conspiracy in the other section or sections, division (A) of	1778
this section defines the voluntary act or acts and culpable mental	1779
state necessary to constitute the conspiracy;	1780

(2) Divisions (B) to (I) of this section are incorporated by	1781
reference in the conspiracy offense defined by the other section	1782
or sections of the Revised Code.	1783

(L)(1) In addition to the penalties that otherwise are	1784
imposed for conspiracy, a person who is found guilty of conspiracy	1785
to engage in a pattern of corrupt activity is subject to divisions	1786
(B)(2) and (3) of section 2923.32, division (A) of section	1787
2981.04, and division (D) of section 2981.06 of the Revised Code.	1788

(2) If a person is convicted of or pleads guilty to	1789
conspiracy and if the most serious offense that is the object of	1790
the conspiracy is a felony drug trafficking, manufacturing,	1791
processing, or possession offense, in addition to the penalties or	1792
sanctions that may be imposed for the conspiracy under division	1793
(J)(2) or (4) of this section and Chapter 2929. of the Revised	1794
Code, both of the following apply:	1795

(a) The provisions of divisions (D), (F), and (G) of section	1796
2925.03, division (D) of section 2925.04, division (D) of section	1797
2925.05, division (D) of section 2925.06, and division (E) of	1798
section 2925.11 of the Revised Code that pertain to mandatory and	1799
additional fines, driver's or commercial driver's license or	1800
permit suspensions, and professionally licensed persons and that	1801
would apply under the appropriate provisions of those divisions to	1802
a person who is convicted of or pleads guilty to the felony drug	1803
trafficking, manufacturing, processing, or possession offense that	1804
is the most serious offense that is the basis of the conspiracy	1805
shall apply to the person who is convicted of or pleads guilty to	1806
the conspiracy as if the person had been convicted of or pleaded	1807
guilty to the felony drug trafficking, manufacturing, processing,	1808
or possession offense that is the most serious offense that is the	1809
basis of the conspiracy.	1810

(b) The court that imposes sentence upon the person who is	1811
convicted of or pleads guilty to the conspiracy shall comply with	1812
the provisions identified as being applicable under division	1813
(L)(2) of this section, in addition to any other penalty or	1814
sanction that it imposes for the conspiracy under division (J)(2)	1815
or (4) of this section and Chapter 2929. of the Revised Code.	1816

(M) As used in this section:

1817

(1) "Felony drug trafficking, manufacturing, processing, or	1818
possession offense" means any of the following that is a felony:	1819

(a) A violation of section 2925.03, 2925.04, 2925.05, or	1820
2925.06 of the Revised Code;	1821

(b) A violation of section 2925.11 of the Revised Code that	1822
is not a minor drug possession offense.	1823

(2) "Minor drug possession offense" has the same meaning as	1824
in section 2925.01 of the Revised Code.	1825

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	1826
Revised Code:	1827

(A) "Beneficial interest" means any of the following:

1828

(1) The interest of a person as a beneficiary under a trust	1829
in which the trustee holds title to personal or real property;	1830

(2) The interest of a person as a beneficiary under any other	1831
trust arrangement under which any other person holds title to	1832
personal or real property for the benefit of such person;	1833

(3) The interest of a person under any other form of express	1834
fiduciary arrangement under which any other person holds title to	1835
personal or real property for the benefit of such person.	1836

"Beneficial interest" does not include the interest of a	1837
stockholder in a corporation or the interest of a partner in	1838
either a general or limited partnership.	1839

(B) "Costs of investigation and prosecution" and "costs of	1840
investigation and litigation" mean all of the costs incurred by	1841
the state or a county or municipal corporation under sections	1842
2923.31 to 2923.36 of the Revised Code in the prosecution and	1843
investigation of any criminal action or in the litigation and	1844
investigation of any civil action, and includes, but is not	1845
limited to, the costs of resources and personnel.	1846

(C) "Enterprise" includes any individual, sole	1847
proprietorship, partnership, limited partnership, corporation,	1848
trust, union, government agency, or other legal entity, or any	1849
organization, association, or group of persons associated in fact	1850
although not a legal entity. "Enterprise" includes illicit as well	1851
as licit enterprises.	1852

(D) "Innocent person" includes any bona fide purchaser of	1853
property that is allegedly involved in a violation of section	1854
2923.32 of the Revised Code, including any person who establishes	1855
a valid claim to or interest in the property in accordance with	1856
division (E) of section 2981.04 of the Revised Code, and any	1857
victim of an alleged violation of that section or of any	1858
underlying offense involved in an alleged violation of that	1859
section.	1860

(E) "Pattern of corrupt activity" means two or more incidents	1861
of corrupt activity, whether or not there has been a prior	1862
conviction, that are related to the affairs of the same	1863
enterprise, are not isolated, and are not so closely related to	1864
each other and connected in time and place that they constitute a	1865
single event.	1866

At least one of the incidents forming the pattern shall occur	1867
on or after January 1, 1986. Unless any incident was an aggravated	1868
murder or murder, the last of the incidents forming the pattern	1869
shall occur within six years after the commission of any prior	1870
incident forming the pattern, excluding any period of imprisonment	1871
served by any person engaging in the corrupt activity.	1872

For the purposes of the criminal penalties that may be	1873
imposed pursuant to section 2923.32 of the Revised Code, at least	1874
one of the incidents forming the pattern shall constitute a felony	1875
under the laws of this state in existence at the time it was	1876
committed or, if committed in violation of the laws of the United	1877
States or of any other state, shall constitute a felony under the	1878
law of the United States or the other state and would be a	1879
criminal offense under the law of this state if committed in this	1880
state.	1881

(F) "Pecuniary value" means money, a negotiable instrument, a	1882
commercial interest, or anything of value, as defined in section	1883
1.03 of the Revised Code, or any other property or service that	1884
has a value in excess of one hundred dollars.	1885

(G) "Person" means any person, as defined in section 1.59 of	1886
the Revised Code, and any governmental officer, employee, or	1887
entity.	1888

(H) "Personal property" means any personal property, any	1889
interest in personal property, or any right, including, but not	1890
limited to, bank accounts, debts, corporate stocks, patents, or	1891
copyrights. Personal property and any beneficial interest in	1892
personal property are deemed to be located where the trustee of	1893
the property, the personal property, or the instrument evidencing	1894
the right is located.	1895

(I) "Corrupt activity" means engaging in, attempting to	1896
engage in, conspiring to engage in, or soliciting, coercing, or	1897
intimidating another person to engage in any of the following:	1898

(1) Conduct defined as "racketeering activity" under the	1899
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	1900
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	1901

(2) Conduct constituting any of the following:

1902

(a) A violation of section 1315.55, 1322.02, 2903.01,	1903
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	1904
2905.11, 2905.22, 2905.32, 2907.321, 2907.322, 2907.323, 2909.02,	1905
2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,	1906
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31,	1907
2913.05, 2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12,	1908
2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	1909
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	1910
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	1911
section 1707.44; division (A)(1) or (2) of section 2923.20;	1912
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	1913
4719.06; division (C), (D), or (E) of section 4719.07; section	1914
4719.08; or division (A) of section 4719.09 of the Revised Code.	1915

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	1916
3769.19 of the Revised Code as it existed prior to July 1, 1996,	1917
any violation of section 2915.02 of the Revised Code that occurs	1918
on or after July 1, 1996, and that, had it occurred prior to that	1919
date, would have been a violation of section 3769.11 of the	1920
Revised Code as it existed prior to that date, or any violation of	1921
section 2915.05 of the Revised Code that occurs on or after July	1922
1, 1996, and that, had it occurred prior to that date, would have	1923
been a violation of section 3769.15, 3769.16, or 3769.19 of the	1924
Revised Code as it existed prior to that date.	1925

(c) Any violation of section 2907.21, 2907.22, 2907.31,	1926
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	1927
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	1928
of the Revised Code, any violation of section 2925.11 of the	1929
Revised Code that is a felony of the first, second, third, or	1930
fourth degree and that occurs on or after July 1, 1996, any	1931
violation of section 2915.02 of the Revised Code that occurred	1932
prior to July 1, 1996, any violation of section 2915.02 of the	1933
Revised Code that occurs on or after July 1, 1996, and that, had	1934
it occurred prior to that date, would not have been a violation of	1935
section 3769.11 of the Revised Code as it existed prior to that	1936
date, any violation of section 2915.06 of the Revised Code as it	1937
existed prior to July 1, 1996, or any violation of division (B) of	1938
section 2915.05 of the Revised Code as it exists on and after July	1939
1, 1996, when the proceeds of the violation, the payments made in	1940
the violation, the amount of a claim for payment or for any other	1941
benefit that is false or deceptive and that is involved in the	1942
violation, or the value of the contraband or other property	1943
illegally possessed, sold, or purchased in the violation exceeds	1944
five hundred dollars, or any combination of violations described	1945
in division (I)(2)(c) of this section when the total proceeds of	1946
the combination of violations, payments made in the combination of	1947
violations, amount of the claims for payment or for other benefits	1948
that is false or deceptive and that is involved in the combination	1949
of violations, or value of the contraband or other property	1950
illegally possessed, sold, or purchased in the combination of	1951
violations exceeds five hundred dollars;	1952

(d) Any violation of section 5743.112 of the Revised Code	1953
when the amount of unpaid tax exceeds one hundred dollars;	1954

(e) Any violation or combination of violations of section	1955
2907.32 of the Revised Code involving any material or performance	1956
containing a display of bestiality or of sexual conduct, as	1957
defined in section 2907.01 of the Revised Code, that is explicit	1958
and depicted with clearly visible penetration of the genitals or	1959
clearly visible penetration by the penis of any orifice when the	1960
total proceeds of the violation or combination of violations, the	1961
payments made in the violation or combination of violations, or	1962
the value of the contraband or other property illegally possessed,	1963
sold, or purchased in the violation or combination of violations	1964
exceeds five hundred dollars;	1965

(f) Any combination of violations described in division	1966
(I)(2)(c) of this section and violations of section 2907.32 of the	1967
Revised Code involving any material or performance containing a	1968
display of bestiality or of sexual conduct, as defined in section	1969
2907.01 of the Revised Code, that is explicit and depicted with	1970
clearly visible penetration of the genitals or clearly visible	1971
penetration by the penis of any orifice when the total proceeds of	1972
the combination of violations, payments made in the combination of	1973
violations, amount of the claims for payment or for other benefits	1974
that is false or deceptive and that is involved in the combination	1975
of violations, or value of the contraband or other property	1976
illegally possessed, sold, or purchased in the combination of	1977
violations exceeds five hundred dollars.	1978

(3) Conduct constituting a violation of any law of any state	1979
other than this state that is substantially similar to the conduct	1980
described in division (I)(2) of this section, provided the	1981
defendant was convicted of the conduct in a criminal proceeding in	1982
the other state;	1983

(4) Animal or ecological terrorism.

1984

(J) "Real property" means any real property or any interest	1985
in real property, including, but not limited to, any lease of, or	1986
mortgage upon, real property. Real property and any beneficial	1987
interest in it is deemed to be located where the real property is	1988
located.	1989

(K) "Trustee" means any of the following:

1990

(1) Any person acting as trustee under a trust in which the	1991
trustee holds title to personal or real property;	1992

(2) Any person who holds title to personal or real property	1993
for which any other person has a beneficial interest;	1994

(3) Any successor trustee.

1995

"Trustee" does not include an assignee or trustee for an	1996
insolvent debtor or an executor, administrator, administrator with	1997
the will annexed, testamentary trustee, guardian, or committee,	1998
appointed by, under the control of, or accountable to a court.	1999

(L) "Unlawful debt" means any money or other thing of value	2000
constituting principal or interest of a debt that is legally	2001
unenforceable in this state in whole or in part because the debt	2002
was incurred or contracted in violation of any federal or state	2003
law relating to the business of gambling activity or relating to	2004
the business of lending money at an usurious rate unless the	2005
creditor proves, by a preponderance of the evidence, that the	2006
usurious rate was not intentionally set and that it resulted from	2007
a good faith error by the creditor, notwithstanding the	2008
maintenance of procedures that were adopted by the creditor to	2009
avoid an error of that nature.	2010

(M) "Animal activity" means any activity that involves the	2011
use of animals or animal parts, including, but not limited to,	2012
hunting, fishing, trapping, traveling, camping, the production,	2013
preparation, or processing of food or food products, clothing or	2014
garment manufacturing, medical research, other research,	2015
entertainment, recreation, agriculture, biotechnology, or service	2016
activity that involves the use of animals or animal parts.	2017

(N) "Animal facility" means a vehicle, building, structure,	2018
nature preserve, or other premises in which an animal is lawfully	2019
kept, handled, housed, exhibited, bred, or offered for sale,	2020
including, but not limited to, a zoo, rodeo, circus, amusement	2021
park, hunting preserve, or premises in which a horse or dog event	2022
is held.	2023

(O) "Animal or ecological terrorism" means the commission of	2024
any felony that involves causing or creating a substantial risk of	2025
physical harm to any property of another, the use of a deadly	2026
weapon or dangerous ordnance, or purposely, knowingly, or	2027
recklessly causing serious physical harm to property and that	2028
involves an intent to obstruct, impede, or deter any person from	2029
participating in a lawful animal activity, from mining, foresting,	2030
harvesting, gathering, or processing natural resources, or from	2031
being lawfully present in or on an animal facility or research	2032
facility.	2033

(P) "Research facility" means a place, laboratory,	2034
institution, medical care facility, government facility, or public	2035
or private educational institution in which a scientific test,	2036
experiment, or investigation involving the use of animals or other	2037
living organisms is lawfully carried out, conducted, or attempted.	2038

Sec. 2929.18.  (A) Except as otherwise provided in this	2039
division and in addition to imposing court costs pursuant to	2040
section 2947.23 of the Revised Code, the court imposing a sentence	2041
upon an offender for a felony may sentence the offender to any	2042
financial sanction or combination of financial sanctions	2043
authorized under this section or, in the circumstances specified	2044
in section 2929.32 of the Revised Code, may impose upon the	2045
offender a fine in accordance with that section. Financial	2046
sanctions that may be imposed pursuant to this section include,	2047
but are not limited to, the following:	2048

(1) RestitutionExcept as otherwise provided in section	2049
2929.181 of the Revised Code, restitution by the offender to the	2050
victim of the offender's crime or any survivor of the victim, in	2051
an amount based on the victim's economic loss. If the court	2052
imposes restitution, the court shall order that the restitution be	2053
made to the victim in open court, to the adult probation	2054
department that serves the county on behalf of the victim, to the	2055
clerk of courts, or to another agency designated by the court. If	2056
the court imposes restitution, at sentencing, the court shall	2057
determine the amount of restitution to be made by the offender. If	2058
the court imposes restitution, the court may base the amount of	2059
restitution it orders on an amount recommended by the victim, the	2060
offender, a presentence investigation report, estimates or	2061
receipts indicating the cost of repairing or replacing property,	2062
and other information, provided that the amount the court orders	2063
as restitution shall not exceed the amount of the economic loss	2064
suffered by the victim as a direct and proximate result of the	2065
commission of the offense. If the court decides to impose	2066
restitution, the court shall hold a hearing on restitution if the	2067
offender, victim, or survivor disputes the amount. All restitution	2068
payments shall be credited against any recovery of economic loss	2069
in a civil action brought by the victim or any survivor of the	2070
victim against the offender.	2071

If the court imposes restitution, the court may order that	2072
the offender pay a surcharge of not more than five per cent of the	2073
amount of the restitution otherwise ordered to the entity	2074
responsible for collecting and processing restitution payments.	2075

The victim or survivor may request that the prosecutor in the	2076
case file a motion, or the offender may file a motion, for	2077
modification of the payment terms of any restitution ordered. If	2078
the court grants the motion, it may modify the payment terms as it	2079
determines appropriate.	2080

(2) Except as provided in division (B)(1), (3), or (4) of	2081
this section, a fine payable by the offender to the state, to a	2082
political subdivision, or as described in division (B)(2) of this	2083
section to one or more law enforcement agencies, with the amount	2084
of the fine based on a standard percentage of the offender's daily	2085
income over a period of time determined by the court and based	2086
upon the seriousness of the offense. A fine ordered under this	2087
division shall not exceed the maximum conventional fine amount	2088
authorized for the level of the offense under division (A)(3) of	2089
this section.	2090

(3) Except as provided in division (B)(1), (3), or (4) of	2091
this section, a fine payable by the offender to the state, to a	2092
political subdivision when appropriate for a felony, or as	2093
described in division (B)(2) of this section to one or more law	2094
enforcement agencies, in the following amount:	2095

(a) For a felony of the first degree, not more than twenty	2096
thousand dollars;	2097

(b) For a felony of the second degree, not more than fifteen	2098
thousand dollars;	2099

(c) For a felony of the third degree, not more than ten	2100
thousand dollars;	2101

(d) For a felony of the fourth degree, not more than five	2102
thousand dollars;	2103

(e) For a felony of the fifth degree, not more than two	2104
thousand five hundred dollars.	2105

(4) A state fine or costs as defined in section 2949.111 of	2106
the Revised Code.	2107

(5)(a) Reimbursement by the offender of any or all of the	2108
costs of sanctions incurred by the government, including the	2109
following:	2110

(i) All or part of the costs of implementing any community	2111
control sanction, including a supervision fee under section	2112
2951.021 of the Revised Code;	2113

(ii) All or part of the costs of confinement under a sanction	2114
imposed pursuant to section 2929.14, 2929.142, or 2929.16 of the	2115
Revised Code, provided that the amount of reimbursement ordered	2116
under this division shall not exceed the total amount of	2117
reimbursement the offender is able to pay as determined at a	2118
hearing and shall not exceed the actual cost of the confinement.	2119

(b) If the offender is sentenced to a sanction of confinement	2120
pursuant to section 2929.14 or 2929.16 of the Revised Code that is	2121
to be served in a facility operated by a board of county	2122
commissioners, a legislative authority of a municipal corporation,	2123
or another local governmental entity, if, pursuant to section	2124
307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, 2301.56,	2125
or 2947.19 of the Revised Code and section 2929.37 of the Revised	2126
Code, the board, legislative authority, or other local	2127
governmental entity requires prisoners to reimburse the county,	2128
municipal corporation, or other entity for its expenses incurred	2129
by reason of the prisoner's confinement, and if the court does not	2130
impose a financial sanction under division (A)(5)(a)(ii) of this	2131
section, confinement costs may be assessed pursuant to section	2132
2929.37 of the Revised Code. In addition, the offender may be	2133
required to pay the fees specified in section 2929.38 of the	2134
Revised Code in accordance with that section.	2135

(c) Reimbursement by the offender for costs pursuant to	2136
section 2929.71 of the Revised Code.	2137

(B)(1) For a first, second, or third degree felony violation	2138
of any provision of Chapter 2925., 3719., or 4729. of the Revised	2139
Code, the sentencing court shall impose upon the offender a	2140
mandatory fine of at least one-half of, but not more than, the	2141
maximum statutory fine amount authorized for the level of the	2142
offense pursuant to division (A)(3) of this section. If an	2143
offender alleges in an affidavit filed with the court prior to	2144
sentencing that the offender is indigent and unable to pay the	2145
mandatory fine and if the court determines the offender is an	2146
indigent person and is unable to pay the mandatory fine described	2147
in this division, the court shall not impose the mandatory fine	2148
upon the offender.	2149

(2) Any mandatory fine imposed upon an offender under	2150
division (B)(1) of this section and any fine imposed upon an	2151
offender under division (A)(2) or (3) of this section for any	2152
fourth or fifth degree felony violation of any provision of	2153
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	2154
to law enforcement agencies pursuant to division (F) of section	2155
2925.03 of the Revised Code.	2156

(3) For a fourth degree felony OVI offense and for a third	2157
degree felony OVI offense, the sentencing court shall impose upon	2158
the offender a mandatory fine in the amount specified in division	2159
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever	2160
is applicable. The mandatory fine so imposed shall be disbursed as	2161
provided in the division pursuant to which it is imposed.	2162

(4) Notwithstanding any fine otherwise authorized or required	2163
to be imposed under division (A)(2) or (3) or (B)(1) of this	2164
section or section 2929.31 of the Revised Code for a violation of	2165
section 2925.03 of the Revised Code, in addition to any penalty or	2166
sanction imposed for that offense under section 2925.03 or	2167
sections 2929.11 to 2929.18 of the Revised Code and in addition to	2168
the forfeiture of property in connection with the offense as	2169
prescribed in Chapter 2981. of the Revised Code, the court that	2170
sentences an offender for a violation of section 2925.03 of the	2171
Revised Code may impose upon the offender a fine in addition to	2172
any fine imposed under division (A)(2) or (3) of this section and	2173
in addition to any mandatory fine imposed under division (B)(1) of	2174
this section. The fine imposed under division (B)(4) of this	2175
section shall be used as provided in division (H) of section	2176
2925.03 of the Revised Code. A fine imposed under division (B)(4)	2177
of this section shall not exceed whichever of the following is	2178
applicable:	2179

(a) The total value of any personal or real property in which	2180
the offender has an interest and that was used in the course of,	2181
intended for use in the course of, derived from, or realized	2182
through conduct in violation of section 2925.03 of the Revised	2183
Code, including any property that constitutes proceeds derived	2184
from that offense;	2185

(b) If the offender has no interest in any property of the	2186
type described in division (B)(4)(a) of this section or if it is	2187
not possible to ascertain whether the offender has an interest in	2188
any property of that type in which the offender may have an	2189
interest, the amount of the mandatory fine for the offense imposed	2190
under division (B)(1) of this section or, if no mandatory fine is	2191
imposed under division (B)(1) of this section, the amount of the	2192
fine authorized for the level of the offense imposed under	2193
division (A)(3) of this section.	2194

(5) Prior to imposing a fine under division (B)(4) of this	2195
section, the court shall determine whether the offender has an	2196
interest in any property of the type described in division	2197
(B)(4)(a) of this section. Except as provided in division (B)(6)	2198
or (7) of this section, a fine that is authorized and imposed	2199
under division (B)(4) of this section does not limit or affect the	2200
imposition of the penalties and sanctions for a violation of	2201
section 2925.03 of the Revised Code prescribed under those	2202
sections or sections 2929.11 to 2929.18 of the Revised Code and	2203
does not limit or affect a forfeiture of property in connection	2204
with the offense as prescribed in Chapter 2981. of the Revised	2205
Code.	2206

(6) If the sum total of a mandatory fine amount imposed for a	2207
first, second, or third degree felony violation of section 2925.03	2208
of the Revised Code under division (B)(1) of this section plus the	2209
amount of any fine imposed under division (B)(4) of this section	2210
does not exceed the maximum statutory fine amount authorized for	2211
the level of the offense under division (A)(3) of this section or	2212
section 2929.31 of the Revised Code, the court may impose a fine	2213
for the offense in addition to the mandatory fine and the fine	2214
imposed under division (B)(4) of this section. The sum total of	2215
the amounts of the mandatory fine, the fine imposed under division	2216
(B)(4) of this section, and the additional fine imposed under	2217
division (B)(6) of this section shall not exceed the maximum	2218
statutory fine amount authorized for the level of the offense	2219
under division (A)(3) of this section or section 2929.31 of the	2220
Revised Code. The clerk of the court shall pay any fine that is	2221
imposed under division (B)(6) of this section to the county,	2222
township, municipal corporation, park district as created pursuant	2223
to section 511.18 or 1545.04 of the Revised Code, or state law	2224
enforcement agencies in this state that primarily were responsible	2225
for or involved in making the arrest of, and in prosecuting, the	2226
offender pursuant to division (F) of section 2925.03 of the	2227
Revised Code.	2228

(7) If the sum total of the amount of a mandatory fine	2229
imposed for a first, second, or third degree felony violation of	2230
section 2925.03 of the Revised Code plus the amount of any fine	2231
imposed under division (B)(4) of this section exceeds the maximum	2232
statutory fine amount authorized for the level of the offense	2233
under division (A)(3) of this section or section 2929.31 of the	2234
Revised Code, the court shall not impose a fine under division	2235
(B)(6) of this section.	2236

(C)(1) The offender shall pay reimbursements imposed upon the	2237
offender pursuant to division (A)(5)(a) of this section to pay the	2238
costs incurred by the department of rehabilitation and correction	2239
in operating a prison or other facility used to confine offenders	2240
pursuant to sanctions imposed under section 2929.14, 2929.142, or	2241
2929.16 of the Revised Code to the treasurer of state. The	2242
treasurer of state shall deposit the reimbursements in the	2243
confinement cost reimbursement fund that is hereby created in the	2244
state treasury. The department of rehabilitation and correction	2245
shall use the amounts deposited in the fund to fund the operation	2246
of facilities used to confine offenders pursuant to sections	2247
2929.14, 2929.142, and 2929.16 of the Revised Code.	2248

(2) Except as provided in section 2951.021 of the Revised	2249
Code, the offender shall pay reimbursements imposed upon the	2250
offender pursuant to division (A)(5)(a) of this section to pay the	2251
costs incurred by a county pursuant to any sanction imposed under	2252
this section or section 2929.16 or 2929.17 of the Revised Code or	2253
in operating a facility used to confine offenders pursuant to a	2254
sanction imposed under section 2929.16 of the Revised Code to the	2255
county treasurer. The county treasurer shall deposit the	2256
reimbursements in the sanction cost reimbursement fund that each	2257
board of county commissioners shall create in its county treasury.	2258
The county shall use the amounts deposited in the fund to pay the	2259
costs incurred by the county pursuant to any sanction imposed	2260
under this section or section 2929.16 or 2929.17 of the Revised	2261
Code or in operating a facility used to confine offenders pursuant	2262
to a sanction imposed under section 2929.16 of the Revised Code.	2263

(3) Except as provided in section 2951.021 of the Revised	2264
Code, the offender shall pay reimbursements imposed upon the	2265
offender pursuant to division (A)(5)(a) of this section to pay the	2266
costs incurred by a municipal corporation pursuant to any sanction	2267
imposed under this section or section 2929.16 or 2929.17 of the	2268
Revised Code or in operating a facility used to confine offenders	2269
pursuant to a sanction imposed under section 2929.16 of the	2270
Revised Code to the treasurer of the municipal corporation. The	2271
treasurer shall deposit the reimbursements in a special fund that	2272
shall be established in the treasury of each municipal	2273
corporation. The municipal corporation shall use the amounts	2274
deposited in the fund to pay the costs incurred by the municipal	2275
corporation pursuant to any sanction imposed under this section or	2276
section 2929.16 or 2929.17 of the Revised Code or in operating a	2277
facility used to confine offenders pursuant to a sanction imposed	2278
under section 2929.16 of the Revised Code.	2279

(4) Except as provided in section 2951.021 of the Revised	2280
Code, the offender shall pay reimbursements imposed pursuant to	2281
division (A)(5)(a) of this section for the costs incurred by a	2282
private provider pursuant to a sanction imposed under this section	2283
or section 2929.16 or 2929.17 of the Revised Code to the provider.	2284

(D) Except as otherwise provided in this division, a	2285
financial sanction imposed pursuant to division (A) or (B) of this	2286
section is a judgment in favor of the state or a political	2287
subdivision in which the court that imposed the financial sanction	2288
is located, and the offender subject to the financial sanction is	2289
the judgment debtor. A financial sanction of reimbursement imposed	2290
pursuant to division (A)(5)(a)(ii) of this section upon an	2291
offender who is incarcerated in a state facility or a municipal	2292
jail is a judgment in favor of the state or the municipal	2293
corporation, and the offender subject to the financial sanction is	2294
the judgment debtor. A financial sanction of reimbursement imposed	2295
upon an offender pursuant to this section for costs incurred by a	2296
private provider of sanctions is a judgment in favor of the	2297
private provider, and the offender subject to the financial	2298
sanction is the judgment debtor. A financial sanction of	2299
restitution imposed pursuant to this section is an order in favor	2300
of the victim of the offender's criminal act that can be collected	2301
through execution as described in division (D)(1) of this section	2302
or through an order as described in division (D)(2) of this	2303
section, and the offender shall be considered for purposes of the	2304
collection as the judgment debtor. Imposition of a financial	2305
sanction and execution on the judgment does not preclude any other	2306
power of the court to impose or enforce sanctions on the offender.	2307
Once the financial sanction is imposed as a judgment or order	2308
under this division, the victim, private provider, state, or	2309
political subdivision may bring an action to do any of the	2310
following:	2311

(1) Obtain execution of the judgment or order through any	2312
available procedure, including:	2313

(a) An execution against the property of the judgment debtor	2314
under Chapter 2329. of the Revised Code;	2315

(b) An execution against the person of the judgment debtor	2316
under Chapter 2331. of the Revised Code;	2317

(c) A proceeding in aid of execution under Chapter 2333. of	2318
the Revised Code, including:	2319

(i) A proceeding for the examination of the judgment debtor	2320
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	2321
of the Revised Code;	2322

(ii) A proceeding for attachment of the person of the	2323
judgment debtor under section 2333.28 of the Revised Code;	2324

(iii) A creditor's suit under section 2333.01 of the Revised	2325
Code.	2326

(d) The attachment of the property of the judgment debtor	2327
under Chapter 2715. of the Revised Code;	2328

(e) The garnishment of the property of the judgment debtor	2329
under Chapter 2716. of the Revised Code.	2330

(2) Obtain an order for the assignment of wages of the	2331
judgment debtor under section 1321.33 of the Revised Code.	2332

(E) A court that imposes a financial sanction upon an	2333
offender may hold a hearing if necessary to determine whether the	2334
offender is able to pay the sanction or is likely in the future to	2335
be able to pay it.	2336

(F) Each court imposing a financial sanction upon an offender	2337
under this section or under section 2929.32 of the Revised Code	2338
may designate the clerk of the court or another person to collect	2339
the financial sanction. The clerk or other person authorized by	2340
law or the court to collect the financial sanction may enter into	2341
contracts with one or more public agencies or private vendors for	2342
the collection of, amounts due under the financial sanction	2343
imposed pursuant to this section or section 2929.32 of the Revised	2344
Code. Before entering into a contract for the collection of	2345
amounts due from an offender pursuant to any financial sanction	2346
imposed pursuant to this section or section 2929.32 of the Revised	2347
Code, a court shall comply with sections 307.86 to 307.92 of the	2348
Revised Code.	2349

(G) If a court that imposes a financial sanction under	2350
division (A) or (B) of this section finds that an offender	2351
satisfactorily has completed all other sanctions imposed upon the	2352
offender and that all restitution that has been ordered has been	2353
paid as ordered, the court may suspend any financial sanctions	2354
imposed pursuant to this section or section 2929.32 of the Revised	2355
Code that have not been paid.	2356

(H) No financial sanction imposed under this section or	2357
section 2929.32 of the Revised Code shall preclude a victim from	2358
bringing a civil action against the offender.	2359

Sec. 2929.181.  (A) The court shall require an offender who	2360
violated section 2905.32 of the Revised Code to pay restitution to	2361
the victim of the offender's crime or to any survivor of that	2362
victim.	2363

(B) Restitution under this section shall include all of the	2364
following:	2365

(1) The cost of medical and psychological treatment for the	2366
victim;	2367

(2) The cost of physical and occupational therapy and	2368
rehabilitation for the victim;	2369

(3) The cost of necessary transportation, temporary housing,	2370
and child care for the victim;	2371

(4) Attorney's fees and other costs;

2372

(5) The greater of the following:

2373

(a) The gross income or value to the defendant of all	2374
commercial sex acts, sexually explicit performances, labor, or	2375
services of the victim that were performed as a result of the	2376
offense;	2377

(b) The value of the victim's labor that was performed as a	2378
result of the offense as guaranteed under the minimum wage and	2379
overtime provisions of the "Fair Labor Standards Act," 52 Stat.	2380
1062, 29 U.S.C.A. 201, as amended, and state labor laws.	2381

(6) The return of property of the victim, the cost of damage	2382
to property of the victim, or full value of the property if the	2383
property is destroyed;	2384

(7) Compensation for emotional distress, pain, and suffering;

2385

(8) Expenses incurred by an adult victim in relocating away	2386
from the defendant, including, but not limited to, deposits for	2387
utilities and telephone service, deposits for rental housing,	2388
temporary lodging, food expenses, clothing, and personal items.	2389
Expenses incurred pursuant to this division shall be verified by a	2390
law enforcement agency to be necessary for the personal safety of	2391
the victim or by a mental health treatment provider to be	2392
necessary for the emotional well-being of the victim.	2393

(C) The offender shall promptly pay restitution to the victim	2394
upon the conviction of the offender, with the proceeds from	2395
property forfeited pursuant to section 2905.34 of the Revised Code	2396
applied first to the payment of restitution. The return of the	2397
victim to the victim's home country or other absence of the victim	2398
from the jurisdiction shall not prevent the victim from receiving	2399
restitution.	2400

(D) As used in this section, "commercial sex act," "labor,"	2401
"services," and "sexually explicit performance" have the same	2402
meanings as in section 2905.31 of the Revised Code.	2403

Sec. 2930.21.  A law enforcement agency shall take all steps	2404
necessary to identify victims of violations of section 2905.32 of	2405
the Revised Code, including interviewing all persons charged with	2406
a violation of section 2907.25 of the Revised Code. A law	2407
enforcement agency that identifies a victim of a violation of	2408
section 2905.32 of the Revised Code shall provide reasonable	2409
protection to the victim to prevent recapture of the victim by the	2410
person who committed the violation or the associates of that	2411
person, secure the victim and the victim's family from threats,	2412
reprisals, or intimidation by the person who committed the	2413
violation or the associates of that person, and ensure that the	2414
victim has an opportunity to consult with a victim advocate or	2415
other appropriate person to develop a safety plan for the victim.	2416

Sec. 2930.22.  (A) Within one hundred eighty days of the	2417
effective date of this section, the Ohio prevention of trafficking	2418
in persons task force, in consultation with interested	2419
not-for-profit organizations, shall develop a plan for the	2420
provision of appropriate services for victims of violations of	2421
section 2905.32 of the Revised Code and dependent children	2422
accompanying the victims, including, but not limited to, the	2423
following:	2424

(1) Appropriate housing, considering the person's status as a	2425
victim of crime, and including safe conditions for sleeping,	2426
eating, and personal hygiene;	2427

(2) Psychological counseling in a language the victim can	2428
comprehend;	2429

(3) Medical assistance in a language the victim can	2430
comprehend;	2431

(4) Employment, educational, and training opportunities for	2432
the victim;	2433

(5) Legal assistance in a language the victim can comprehend.

2434

(B) A victim's residence in a shelter or other facility shall	2435
be voluntary.	2436

(C) A victim of a violation of section 2905.32 of the Revised	2437
Code shall be given the option to communicate with and receive	2438
visits from family, friends, an attorney, and victim's rights	2439
advocates.	2440

(D) Whenever possible, a victim of a violation of section	2441
2905.32 of the Revised Code shall not be housed in a prison or	2442
other detention facility for accused or convicted offenders. A	2443
child victim of a violation of section 2905.32 of the Revised Code	2444
shall not be housed in a prison or other detention facility for	2445
accused or convicted offenders under any circumstances.	2446

(E) The attorney general shall take into consideration the	2447
age, gender, and special needs of a victim of a violation of	2448
section 2905.32 of the Revised Code and the victim's dependent	2449
children in creating a plan to provide services to victims of	2450
violations of that section and in delivering services to those	2451
victims and children.	2452

(F) To the extent that other sources of funding for victim	2453
services are unavailable, the costs of providing the services to	2454
victims of a violation of section 2905.32 of the Revised Code	2455
described in this section shall be paid out of funds from the	2456
reparations fund created pursuant to section 2743.191 of the	2457
Revised Code.	2458

Sec. 2930.23.  (A) A victim of a violation of section 2905.32	2459
of the Revised Code who is a minor shall be provided with	2460
appropriate services, which may include an explanation of the	2461
victim's rights, privacy, housing, care, and age-appropriate	2462
support and rights.	2463

(B) The Ohio Supreme court shall develop special procedures	2464
to accommodate witnesses who are minors, including procedures for	2465
taking the testimony of a minor outside a court setting or by	2466
video and procedures to ensure that all testimony of a minor	2467
witness and all court proceedings otherwise involving a minor take	2468
place with the minor's parent, legal guardian, or foster parent	2469
present.	2470

(C) The department of job and family services shall develop	2471
procedures for reuniting the minor with family members in the	2472
minor's country of origin or destination country whenever it is	2473
possible and safe to do so.	2474

(D) The departments of health and mental health shall develop	2475
procedures for providing special physical and mental health care	2476
tailored to the minor's needs.	2477

(E) To the extent that other sources of funding for victim	2478
services are unavailable, the costs of providing the services to	2479
victims of a violation of section 2905.32 of the Revised Code	2480
described in this section shall be paid out of funds from the	2481
reparations fund created pursuant to section 2743.191 of the	2482
Revised Code.	2483

Section 2.  That existing sections 109.42, 109.73, 2317.02,	2484
2743.191, 2901.13, 2921.22, 2923.01, 2923.31, and 2929.18 of the	2485
Revised Code are hereby repealed.	2486

Section 3.  (A) There is hereby created the Ohio Prevention	2487
of Trafficking in Persons Task Force, consisting of twelve members	2488
to be appointed by the Governor. The task force shall develop and	2489
implement a plan for the prevention of trafficking in persons. The	2490
task force shall study all aspects of trafficking, including, but	2491
not limited to, sex trafficking and labor trafficking of citizens	2492
of the United States and citizens of foreign countries.	2493

(B) The task force shall include the following members:

2494

(1) A representative from the Attorney General's office;

2495

(2) A representative from the Ohio Association of Chiefs of	2496
Police;	2497

(3) A representative from the Buckeye State Sheriffs	2498
Association;	2499

(4) A representative from the Department of Public Safety,	2500
representing the State Highway Patrol;	2501

(5) A representative from the Department of Health;

2502

(6) A representative from the Department of Job and Family	2503
services;	2504

(7) A representative from the Supreme Court;

2505

(8) A representative from the Office of Criminal Justice	2506
Services;	2507

(9) Four persons with experience in the private sector or	2508
academic institutions with the issues involved in trafficking in	2509
persons, children's services, and runaway services.	2510

(C) The task force shall carry out the following activities:

2511

(1) Develop a state plan for the prevention of trafficking in	2512
persons;	2513

(2) Explore the establishment of state policies for time	2514
limits for the issuance of the law enforcement agency endorsement	2515
regulations, 8 C.F.R. 214.11(f)(1)(2006);	2516

(3) Recommend policies to enable the state to work with	2517
nongovernmental organizations to prevent trafficking in persons	2518
and provide assistance to citizens of the United States and	2519
foreign nations who are victims of trafficking in persons;	2520

(4) Review the existing services and facilities that aid	2521
victims of trafficking in persons and recommend a system that	2522
would coordinate those services, including, but not limited to,	2523
health services, housing, education and job training, English as a	2524
second language courses, interpreting services, legal and	2525
immigration services, and victim compensation;	2526

(5) Evaluate various approaches used by other state and local	2527
governments to increase public awareness of the offense of	2528
trafficking in persons;	2529

(6) Recommend ways to protect a victim of trafficking in	2530
persons who is a witness to the offense, including evaluating the	2531
feasibility of witness relocation, new employment or work permits,	2532
protection of the victim's identity and location, and providing	2533
the victim with a new identity;	2534

(7) Determine the best way to provide a victim of trafficking	2535
in persons with all of the following:	2536

(a) An application for a visa for an alien classified as a	2537
nonimmigrant under 8 U.S.C. 1101(a)(15)(T) or (U);	2538

(b) An application for legal permanent residence for an	2539
eligible recipient of a visa for an alien classified as a	2540
nonimmigrant under 8 U.S.C. 1101(a)(15)(T) or (U);	2541

(c) Identification of and application for available public	2542
benefits, including, but not limited to, temporary financial	2543
assistance, refugee match grants, refugee cash assistance, food	2544
stamps, child care, and medical assistance;	2545

(d) Access to both short-term and long-term safe and	2546
appropriate housing;	2547

(e) Access to necessary medical and dental care and mental	2548
health treatment, including, but not limited to, care or treatment	2549
for victims of a sex offense, free optional testing for the HIV	2550
infection and other sexually transmitted diseases, and a	2551
counseling session by a medically trained professional on the	2552
accuracy of those tests and the risk of the transmission of	2553
sexually transmitted diseases;	2554

(f) Access to language translation services in the victim's	2555
native language or language of fluency;	2556

(g) Access to education or English as a second language	2557
training;	2558

(h) Access to any other services necessary to safeguard the	2559
health and well-being of a victim of trafficking in persons.	2560

(8) Developing a method for assisting a victim of trafficking	2561
in persons with the application for a visa for an alien classified	2562
as a nonimmigrant under 8 U.S.C. 1101(a)(15)(T) or (U), assisting	2563
a victim of trafficking in persons with completing a written	2564
request to the appropriate authorities requesting that the victim	2565
be granted temporary immigration status known as "continued	2566
presence," completing, or assisting a victim of trafficking in	2567
persons with completing, a written request to the Attorney General	2568
for documents necessary to support an application for a visa for	2569
an alien classified as a nonimmigrant under 8 U.S.C.	2570
1101(a)(15)(T) or (U), including an endorsement of person's victim	2571
status on Supplement B, Declaration of Law Enforcement Officer for	2572
Victim of Trafficking in Persons, of Form I-914, and assisting a	2573
victim of trafficking in persons with completing a written request	2574
to the Attorney General for the documentation necessary to support	2575
the victim's request for benefits and services authorized under	2576
the "Victims of Trafficking and Violence Protection Act of 2000,"	2577
22 U.S.C. 7105, et. seq.	2578

(9) Evaluate available funding streams, including but not	2579
limited to, federal grants that may be available to assist the	2580
state in establishing or expanding programs for victims of	2581
trafficking in persons, to provide services to victims of	2582
trafficking in persons, and to create and disseminate training and	2583
educational materials on trafficking in persons and technical	2584
assistance to state agencies that are applying for that funding.	2585

(E) The task force shall submit a report of its findings and	2586
recommendations to the Governor, the Speaker of the House of	2587
Representatives, and the President of the Senate by December 31,	2588
2008. Upon submission of the report, the task force shall cease to	2589
exist.	2590

Section 4.  Section 2317.02 of the Revised Code is presented	2591
in this act as a composite of the section as amended by Sub. H.B.	2592
144, Sub. S.B. 8, and Am. Sub. S.B. 17 of the 126th General	2593
Assembly. Section 2929.18 of the Revised Code is presented in this	2594
act as a composite of the section as amended by both Sub. H.B. 241	2595
and Am. Sub. H.B. 461 of the 126th General Assembly. The General	2596
Assembly, applying the principle stated in division (B) of section	2597
1.52 of the Revised Code that amendments are to be harmonized if	2598
reasonably capable of simultaneous operation, finds that the	2599
composites are the resulting versions of the sections in effect	2600
prior to the effective date of the sections as presented in this	2601
act.	2602