As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. Sub. S. B. No. 97

Senator Stivers 

Cosponsors: Senators Schaffer, Faber, Clancy, Boccieri, Mumper, Austria, Goodman, Harris, Padgett, Spada, Wilson, Cates 

Representatives Latta, Jones, Bubp, Blessing, Hughes, Bacon, Barrett, Batchelder, Beatty, Bolon, Boyd, Brady, Carmichael, Combs, Core, DeBose, DeGeeter, Domenick, Dyer, Evans, Flowers, Gerberry, Gibbs, Hagan, J., Healy, Heard, Hottinger, Luckie, Lundy, Mandel, Oelslager, Otterman, Patton, Sayre, Schindel, Setzer, Stebelton, Szollosi, Uecker, Wagoner, Webster, Williams, B., Yuko, Zehringer 

---

A BILL

To amend sections 504.04, 2907.40, 2950.99, 3319.39,

1

and 3327.10 and to enact sections 109.5721,

2

503.60, and 2950.131 of the Revised Code to modify

3

the penalties for violations of the Sexual

4

Offender Registration and Notification Law, to

5

require the inclusion of specified information on

6

the statewide and county sheriffs' internet sex

7

offender and child-victim offender databases, to

8

modify the definition of "sexually oriented

9

business," to permit townships to regulate the

10

residency of registered sex offenders and

11

child-victim offenders, to modify the law

12

pertaining to school bus driver background checks,

13

to create the Retained Applicant Fingerprint

14

Database, and to declare an emergency.

15

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

Section 1. That sections 504.04, 2907.40, 2950.99, 3319.39,	16
and 3327.10 be amended and sections 109.5721, 503.60, and 2950.131	17
of the Revised Code be enacted to read as follows:	18

Sec. 109.5721. (A) As used in this section:

19

(1) "Employment" includes volunteer service.

20

(2) "Licensure" means the authorization, evidenced by a	21
license, certificate, registration, permit, or other authority	22
that is issued or conferred by a public office, to engage in a	23
profession, occupation, or occupational activity or to have	24
control of and operate certain specific equipment, machinery, or	25
premises over which a public office has jurisdiction.	26

(3) "Participating public office" means a public office that	27
requires a fingerprint background check as a condition of	28
employment with or licensure by the public office and that elects	29
to receive notice under division (C) of this section in accordance	30
with rules adopted by the attorney general.	31

(4) "Public office" has the same meaning as in section 117.01	32
of the Revised Code.	33

(B) Within six months after the effective date of this	34
section, the superintendent of the bureau of criminal	35
identification and investigation shall establish and maintain a	36
database of fingerprints of individuals on whom the bureau has	37
conducted criminal records checks for the purpose of determining	38
eligibility for employment with or licensure by a public office.	39
The superintendent shall maintain the database separate and apart	40
from other records maintained by the bureau. The database shall be	41
known as the retained applicant fingerprint database.	42

(C) When the superintendent receives information that an	43
individual whose name is in the retained applicant fingerprint	44
database has been arrested for or convicted of any offense, the	45
superintendent shall promptly notify any participating public	46
office that employs or that licensed the individual of the arrest	47
or conviction. The public office that receives the notification	48
and its employees and officers shall use the information contained	49
in the notification solely to determine the individual's	50
eligibility for continued employment with the public office or to	51
retain a license issued by the public office. The public office	52
and its employees and officers shall not disclose that information	53
to any person for any other purpose.	54

(D) The attorney general shall adopt rules in accordance with	55
Chapter 119. of the Revised Code governing the operation and	56
maintenance of the database. The rules shall provide for, but not	57
be limited to, both of the following:	58

(1) The expungement or sealing of records of individuals who	59
are deceased or who are no longer employed or licensed by the	60
public office that required submission of the individual's	61
fingerprints;	62

(2) The terms under which a public office may elect to	63
receive notification under division (C) of this section, including	64
payment of any reasonable fee that may be charged for the purpose.	65

(E) No public office or employee of a public office shall be	66
considered negligent in a civil action solely because the public	67
office did not elect to be a participating public office.	68

(F)(1) No person shall knowingly use information contained in	69
or received from the retained applicant fingerprint database for	70
purposes not authorized by this section.	71

(2) No person shall knowingly use information contained in or	72
received from the retained applicant fingerprint database with the	73
intent to harass or intimidate another person.	74

(3) Whoever violates division (F)(1) or (F)(2) of this	75
section is guilty of unlawful use of retained applicant	76
fingerprint database records. A violation of division (F)(1) of	77
this section is a misdemeanor of the fourth degree. A violation of	78
division (F)(2) of this section is a misdemeanor of the first	79
degree.	80

Sec. 503.60.  (A) Townships have authority to exercise all	81
powers of local self-government within their limits regarding the	82
residency of a person who has been convicted of or pleaded guilty	83
to either a sexually oriented offense or a child-victim oriented	84
offense and to adopt and enforce within their limits any local	85
police, sanitary, and similar regulations regarding the residency	86
of such persons that are not in conflict with general laws. The	87
authority granted under this division shall be exercised by the	88
adoption of resolutions. Townships have the same rights, powers,	89
and duties pursuant to the authority granted under this division	90
as municipal corporations have under Section 3 of Article XVIII,	91
Ohio Constitution relative to their authority to exercise powers	92
of local self-government and to adopt and enforce within their	93
limits local police, sanitary, and similar regulations, except to	94
the extent that the rights, powers, and duties that the municipal	95
corporations have by their nature clearly are inapplicable to	96
townships and to the exercise by townships of their authority	97
granted under this division.	98

(B) The authority of a township granted under division (A) of	99
this section applies to all townships. If a township has adopted a	100
limited home rule government pursuant to Chapter 504. of the	101
Revised Code, the authority granted under division (A) of this	102
section is in addition to the powers and authority granted to the	103
township under Chapter 504. of the Revised Code.	104

(C) As used in this section, "child-victim oriented offense"	105
and "sexually oriented offense" have the same meanings as in	106
section 2950.01 of the Revised Code.	107

Sec. 504.04.  (A) A township that adopts a limited home rule	108
government may do all of the following by resolution, provided	109
that any of these resolutions, other than a resolution to supply	110
water or sewer services in accordance with sections 504.18 to	111
504.20 of the Revised Code, may be enforced only by the imposition	112
of civil fines as authorized in this chapter:	113

(1) Exercise all powers of local self-government within the	114
unincorporated area of the township, other than powers that are in	115
conflict with general laws, except that the township shall comply	116
with the requirements and prohibitions of this chapter, and shall	117
enact no taxes other than those authorized by general law, and	118
except that no resolution adopted pursuant to this chapter shall	119
encroach upon the powers, duties, and privileges of elected	120
township officers or change, alter, combine, eliminate, or	121
otherwise modify the form or structure of the township government	122
unless the change is required or permitted by this chapter;	123

(2) Adopt and enforce within the unincorporated area of the	124
township local police, sanitary, and other similar regulations	125
that are not in conflict with general laws or otherwise prohibited	126
by division (B) of this section;	127

(3) Supply water and sewer services to users within the	128
unincorporated area of the township in accordance with sections	129
504.18 to 504.20 of the Revised Code;	130

(4) Adopt and enforce within the unincorporated area of the	131
township any resolution of a type described in section 503.52 or	132
503.60 of the Revised Code.	133

(B) No resolution adopted pursuant to this chapter shall do	134
any of the following:	135

(1) Create a criminal offense or impose criminal penalties,	136
except as authorized by division (A) of this section or by section	137
503.52 of the Revised Code;	138

(2) Impose civil fines other than as authorized by this	139
chapter;	140

(3) Establish or revise subdivision regulations, road	141
construction standards, urban sediment rules, or storm water and	142
drainage regulations, except as provided in section 504.21 of the	143
Revised Code;	144

(4) Establish or revise building standards, building codes,	145
and other standard codes except as provided in section 504.13 of	146
the Revised Code;	147

(5) Increase, decrease, or otherwise alter the powers or	148
duties of a township under any other chapter of the Revised Code	149
pertaining to agriculture or the conservation or development of	150
natural resources;	151

(6) Establish regulations affecting hunting, trapping,	152
fishing, or the possession, use, or sale of firearms;	153

(7) Establish or revise water or sewer regulations, except in	154
accordance with section 504.18, 504.19, or 504.21 of the Revised	155
Code.	156

Nothing in this chapter shall be construed as affecting the	157
powers of counties with regard to the subjects listed in divisions	158
(B)(3) to (5) of this section.	159

(C) Under a limited home rule government, all officers shall	160
have the qualifications, and be nominated, elected, or appointed,	161
as provided in Chapter 505. of the Revised Code, except that the	162
board of township trustees shall appoint a full-time or part-time	163
law director pursuant to section 504.15 of the Revised Code, and	164
except that a five-member board of township trustees approved for	165
the township before September 26, 2003, shall continue to serve as	166
the legislative authority with successive members serving for	167
four-year terms of office until a termination of a limited home	168
rule government under section 504.03 of the Revised Code.	169

(D) In case of conflict between resolutions enacted by a	170
board of township trustees and municipal ordinances or	171
resolutions, the ordinance or resolution enacted by the municipal	172
corporation prevails. In case of conflict between resolutions	173
enacted by a board of township trustees and any county resolution,	174
the resolution enacted by the board of township trustees prevails.	175

Sec. 2907.40.  (A) As used in this section:

176

(1) "Adult bookstore" or "adult video store" means a	177
commercial establishment that has as a significant or substantial	178
portion of its stock in trade or inventory in, derives a	179
significant or substantial portion of its revenues from, devotes a	180
significant or substantial portion of its interior business or	181
advertising to, or maintains a substantial section of its sales or	182
display space for the sale or rental, for any form of	183
consideration, of books, magazines, periodicals, or other printed	184
matter, or photographs, films, motion pictures, video cassettes,	185
compact discs, slides, or other visual representations, that are	186
characterized by their emphasis upon the exhibition or description	187
of specified sexual activities or specified anatomical areas.	188

(2) "Adult cabaret" means a nightclub, bar, juice bar,	189
restaurant, bottle club, or other similar commercial	190
establishment, regardless of whether alcoholic beverages are	191
served, that regularly features individuals who appear in a state	192
of nudity or seminudity.	193

(3) "Adult motion picture theater" means a commercial	194
establishment where films, motion pictures, videocassettes,	195
slides, or similar photographic reproductions that are	196
characterized by their emphasis upon the display of specified	197
sexual activities or specified anatomical areas are regularly	198
shown to more than five individuals for any form of consideration.	199

(4) "Characterized by" means describing the essential	200
character or quality of an item.	201

(5) "Employee" means any individual who performs any service	202
on the premises of a sexually oriented business on a full-time,	203
part-time, or contract basis, regardless of whether the individual	204
is denominated an employee, independent contractor, agent, or	205
otherwise, but does not include an individual exclusively on the	206
premises for repair or maintenance of the premises or for the	207
delivery of goods to the premises.	208

(6) "Nudity," "nude," or "state of nudity" has the same	209
meaning as in section 2907.39 of the Revised Code.	210

(7) "Operator" means any individual on the premises of a	211
sexually oriented business who causes the business to function or	212
who puts or keeps in operation the business or who is authorized	213
to manage the business or exercise overall operational control of	214
the business premises.	215

(8) "Patron" means any individual on the premises of a	216
sexually oriented business except for any of the following:	217

(a) An operator or an employee of the sexually oriented	218
business;	219

(b) An individual who is on the premises exclusively for	220
repair or maintenance of the premises or for the delivery of goods	221
to the premises;	222

(c) A public employee or a volunteer firefighter emergency	223
medical services worker acting within the scope of the public	224
employee's or volunteer's duties as a public employee or	225
volunteer.	226

(9) "Premises" means the real property on which the sexually	227
oriented business is located and all appurtenances to the real	228
property, including, but not limited, to the sexually oriented	229
business, the grounds, private walkways, and parking lots or	230
parking garages adjacent to the real property under the ownership,	231
control, or supervision of the owner or operator of the sexually	232
oriented business.	233

(10) "Regularly" means consistently or repeatedly.

234

(11) "Seminude" or "state of seminudity" has the same meaning	235
as in section 2907.39 of the Revised Code.	236

(12) "Sexual device" means any three-dimensional object	237
designed and marketed for stimulation of the male or female human	238
genitals or anus or female breasts or for sadomasochistic use or	239
abuse of oneself or others, including, but not limited to, dildos,	240
vibrators, penis pumps, and physical representations of the human	241
genital organs, but not including devices primarily intended for	242
protection against sexually transmitted diseases or for preventing	243
pregnancy.	244

(13) "Sexual device shop" means a commercial establishment	245
that regularly features sexual devices, but not including any	246
pharmacy, drug store, medical clinic, or establishment primarily	247
dedicated to providing medical or healthcare products or services,	248
and not including any commercial establishment that does not	249
restrict access to its premises by reason of age.	250

(14) "Sexual encounter center" means a business or commercial	251
enterprise that, as one of its principal business purposes,	252
purports to offer for any form of consideration physical contact	253
in the form of wrestling or tumbling between individuals of the	254
opposite sex when one or more of the individuals is nude or	255
seminude.	256

(15) "Sexually oriented business" means an adult bookstore,	257
adult video store, adult cabaret, adult motion picture theater,	258
sexual device shop, or sexual encounter center, but does not	259
include a business solely by reason of its showing, selling, or	260
renting materials rated NC-17 or R by the motion picture	261
association of Americathat may depict sex.	262

(16) "Specified anatomical areas" includes human genitals,	263
pubic region, and buttocks and the human female breast below a	264
point immediately above the top of the areola.	265

(17) "Specified sexual activity" means sexual intercourse,	266
oral copulation, masturbation, or sodomy, or excretory functions	267
as a part of or in connection with any of these activities.	268

(B) No sexually oriented business shall be or remain open for	269
business between 12:00 midnight and 6:00 a.m. on any day, except	270
that a sexually oriented business that holds a liquor permit	271
pursuant to Chapter 4303. of the Revised Code may remain open	272
until the hour specified in that permit if it does not conduct,	273
offer, or allow sexually oriented entertainment activity in which	274
the performers appear nude.	275

(C)(1) No patron who is not a member of the employee's	276
immediate family shall knowingly touch any employee while that	277
employee is nude or seminude or touch the clothing of any employee	278
while that employee is nude or seminude.	279

(2) No employee who regularly appears nude or seminude on the	280
premises of a sexually oriented business, while on the premises of	281
that sexually oriented business and while nude or seminude, shall	282
knowingly touch a patron who is not a member of the employee's	283
immediate family or another employee who is not a member of the	284
employee's immediate family or the clothing of a patron who is not	285
a member of the employee's immediate family or another employee	286
who is not a member of the employee's immediate family or allow a	287
patron who is not a member of the employee's immediate family or	288
another employee who is not a member of the employee's immediate	289
family to touch the employee or the clothing of the employee.	290

(D) Whoever violates division (B) of this section is guilty	291
of illegally operating a sexually oriented business, a misdemeanor	292
of the first degree.	293

(E) Whoever violates division (C) of this section is guilty	294
of illegal sexually oriented activity in a sexually oriented	295
business. If the offender touches a specified anatomical area of	296
the patron or employee, or the clothing covering a specified	297
anatomical area, a violation of division (C) of this section is a	298
misdemeanor of the first degree. If the offender does not touch a	299
specified anatomical area of the patron or employee, or the	300
clothing covering a specified anatomical area, a violation of	301
division (C) of this section is a misdemeanor of the fourth	302
degree.	303

Sec. 2950.131. (A) By January 1, 2008, the bureau of criminal	304
identification and investigation, with the assistance of the	305
office of criminal justice services, shall include on the internet	306
sex offender and child-victim offender database established and	307
operated pursuant to division (A)(11) of section 2950.13 of the	308
Revised Code a link to educational information for the public on	309
current research about sex offenders and child-victim offenders.	310
Each sheriff who has established on the internet a sex offender	311
and child-victim offender database may include a link to this	312
information on the sheriff's internet database.	313

(B) By January 1, 2008, the internet sex offender and	314
child-victim offender database established and operated pursuant	315
to division (A)(11) of section 2950.13 of the Revised Code and	316
each sheriff's internet sex offender and child-victim offender	317
database is required to inform offenders and public	318
registry-qualified juvenile offender registrants that they may	319
contact the sheriff of the county in which the offender or	320
delinquent child registered an address if the offender or	321
delinquent child believes that information contained on the	322
internet sex offender and child-victim offender database or	323
sheriff's internet sex offender and child-victim offender database	324
pertaining to the offender or delinquent child is incorrect.	325

Sec. 2950.99.  (A)(1)(a) Except as otherwise provided in	326
division (A)(1)(b) of this section, whoever violates a prohibition	327
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	328
Code shall be punished as follows:	329

(i) If the most serious sexually oriented offense that was	330
the basis of the registration, notice of intent to reside, change	331
of address notification, or address verification requirement that	332
was violated under the prohibition is aggravated murder or murder	333
if committed by an adult or a comparable category of offense	334
committed in another jurisdiction, the offender is guilty of a	335
felony of the first degree.	336

(ii) If the most serious sexually oriented offense or	337
child-victim oriented offense that was the basis of the	338
registration, notice of intent to reside, change of address	339
notification, or address verification requirement that was	340
violated under the prohibition is aggravated murder, murder, or a	341
felony of the first, second, or third, or fourth degree if	342
committed by an adult or a comparable category of offense	343
committed in another jurisdiction, the offender is guilty of a	344
felony of the thirdsame degree as the most serious sexually	345
oriented offense or child-victim oriented offense that was the	346
basis of the registration, notice of intent to reside, change of	347
address, or address verification requirement that was violated	348
under the prohibition, or, if the most serious sexually oriented	349
offense or child-victim oriented offense that was the basis of the	350
registration, notice of intent to reside, change of address, or	351
address verification requirement that was violated under the	352
prohibition is a comparable category of offense committed in	353
another jurisdiction, the offender is guilty of a felony of the	354
same degree as that offense committed in the other jurisdiction	355
would constitute if committed in this state.	356

(ii)(iii) If the most serious sexually oriented offense or	357
child-victim oriented offense that was the basis of the	358
registration, notice of intent to reside, change of address	359
notification, or address verification requirement that was	360
violated under the prohibition is a felony of the fourth or fifth	361
degree or a misdemeanor if committed by an adult or a comparable	362
category of offense committed in another jurisdiction, or if the	363
most serious sexually oriented offense or child-victim oriented	364
offense that was the basis of the registration, notice of intent	365
to reside, change of address notification, or address verification	366
requirement that was violated under the prohibition is a	367
misdemeanor if committed by an adult or a comparable category of	368
offense committed in another jurisdiction, the offender is guilty	369
of a felony of the samefourth degree or a misdemeanor of the same	370
degree as the most serious sexually oriented offense or	371
child-victim oriented offense that was the basis of the	372
registration, notice of intent to reside, change of address, or	373
address verification requirement that was violated under the	374
prohibition or, if the most serious sexually oriented offense or	375
child-victim oriented offense that was the basis of the	376
registration, notice of intent to reside, change of address, or	377
address verification requirement that was violated under the	378
prohibition was a comparable category of offense committed in	379
another jurisdiction, the offender is guilty of a felony of the	380
same degree or a misdemeanor of the same degree as that offense	381
committed in the other jurisdiction would constitute or would have	382
constituted if it had been committed in this state.	383

(b) If the offender previously has been convicted of or	384
pleaded guilty to, or previously has been adjudicated a delinquent	385
child for committing, a violation of a prohibition in section	386
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	387
whoever violates a prohibition in section 2950.04, 2950.041,	388
2950.05, or 2950.06 of the Revised Code shall be punished as	389
follows:	390

(i) If the most serious sexually oriented offense that was	391
the basis of the registration, notice of intent to reside, change	392
of address notification, or address verification requirement that	393
was violated under the prohibition is aggravated murder or murder	394
if committed by an adult or a comparable category of offense	395
committed in another jurisdiction, the offender is guilty of a	396
felony of the first degree.	397

(ii) If the most serious sexually oriented offense or	398
child-victim oriented offense that was the basis of the	399
registration, notice of intent to reside, change of address	400
notification, or address verification requirement that was	401
violated under the prohibition is aggravated murder, murder, or a	402
felony of the first, second, or third, or fourth degree if	403
committed by an adult or a comparable category of offense	404
committed in another jurisdiction, the offender is guilty of a	405
felony of the thirdsame degree as the most serious sexually	406
oriented offense or child-victim oriented offense that was the	407
basis of the registration, notice of intent to reside, change of	408
address, or address verification requirement that was violated	409
under the prohibition, or, if the most serious sexually oriented	410
offense or child-victim oriented offense that was the basis of the	411
registration, notice of intent to reside, change of address, or	412
address verification requirement that was violated under the	413
prohibition is a comparable category of offense committed in	414
another jurisdiction, the offender is guilty of a felony of the	415
same degree as that offense committed in the other jurisdiction	416
would constitute if committed in this state.	417

(ii)(iii) If the most serious sexually oriented offense or	418
child-victim oriented offense that was the basis of the	419
registration, notice of intent to reside, change of address	420
notification, or address verification requirement that was	421
violated under the prohibition is a felony of the fourth or fifth	422
degree if committed by an adult or a comparable category of	423
offense committed in another jurisdiction, the offender is guilty	424
of a felony of the fourththird degree.	425

(iii) If the most serious sexually oriented offense or	426
child-victim oriented offense that was the basis of the	427
registration, notice of intent to reside, change of address	428
notification, or address verification requirement that was	429
violated under the prohibition is a misdemeanor of the first	430
degree if committed by an adult or a comparable category of	431
offense committed in another jurisdiction, the offender is guilty	432
of a felony of the fifth degree.	433

(iv) If the most serious sexually oriented offense or	434
child-victim oriented offense that was the basis of the	435
registration, notice of intent to reside, change of address	436
notification, or address verification requirement that was	437
violated under the prohibition is a misdemeanor other than a	438
misdemeanor of the first degree if committed by an adult or a	439
comparable category of offense committed in another jurisdiction,	440
the offender is guilty of a misdemeanor that is one degree higher	441
than the most serious sexually oriented offense or child-victim	442
oriented offense that was the basis of the registration, change of	443
address, or address verification requirement that was violated	444
under the prohibition or, if the most serious sexually oriented	445
offense or child-victim oriented offense that was the basis of the	446
registration, notice of intent to reside, change of address, or	447
address verification requirement that was violated under the	448
prohibition was a comparable category of offense committed in	449
another jurisdiction, the offender is guilty of a misdemeanor that	450
is one degree higher than the most serious sexually oriented	451
offense or child-victim oriented offense committed in the other	452
jurisdiction would constitute or would have constituted if it had	453
been committed in this state.	454

(iv) If the most serious sexually oriented offense or	455
child-victim oriented offense that was the basis of the	456
registration, notice of intent to reside, change of address	457
notification, or address verification requirement that was	458
violated under the prohibition is a misdemeanor if committed by an	459
adult or a comparable category of offense committed in another	460
jurisdiction, the offender is guilty of a felony of the fourth	461
degree.	462

(2)(a) In addition to any penalty or sanction imposed under	463
division (A)(1) of this section or any other provision of law for	464
a violation of a prohibition in section 2950.04, 2950.041,	465
2950.05, or 2950.06 of the Revised Code, if the offender or	466
delinquent child is subject to a community control sanction, is on	467
parole, is subject to one or more post-release control sanctions,	468
or is subject to any other type of supervised release at the time	469
of the violation, the violation shall constitute a violation of	470
the terms and conditions of the community control sanction,	471
parole, post-release control sanction, or other type of supervised	472
release.	473

(b) In addition to any penalty or sanction imposed under	474
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	475
provision of law for a violation of a prohibition in section	476
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	477
offender previously has been convicted of or pleaded guilty to, or	478
previously has been adjudicated a delinquent child for committing,	479
a violation of a prohibition in section 2950.04, 2950.041,	480
2950.05, or 2950.06 of the Revised Code when the most serious	481
sexually oriented offense or child-victim oriented offense that	482
was the basis of the requirement that was violated under the	483
prohibition is a felony if committed by an adult or a comparable	484
category of offense committed in another jurisdiction, the court	485
imposing a sentence upon the offender shall impose a definite	486
prison term of no less than three years. The definite prison term	487
imposed under this section is not restricted by division (B) of	488
section 2929.14 of the Revised Code and shall not be reduced to	489
less than three years pursuant to Chapter 2967. or any other	490
provision of the Revised Code.	491

(3) As used in division (A)(1) of this section, "comparable	492
category of offense committed in another jurisdiction" means a	493
sexually oriented offense or child-victim oriented offense that	494
was the basis of the registration, notice of intent to reside,	495
change of address notification, or address verification	496
requirement that was violated, that is a violation of an existing	497
or former law of another state or the United States, an existing	498
or former law applicable in a military court or in an Indian	499
tribal court, or an existing or former law of any nation other	500
than the United States, and that, if it had been committed in this	501
state, would constitute or would have constituted aggravated	502
murder,or murder for purposes of division (A)(1)(a)(i) of this	503
section, or a felony of the first, second, or third, or fourth	504
degree for purposes of division (A)(1)(a)(i)(ii) of this section,	505
a felony of the fourth or fifth degree or a misdemeanor for	506
purposes of division (A)(1)(a)(ii)(iii) of this section,	507
aggravated murder,or murder for purposes of division (A)(1)(b)(i)	508
of this section, or a felony of the first, second, or third, or	509
fourth degree for purposes of division (A)(1)(b)(i)(ii) of this	510
section, a felony of the fourth or fifth degree for purposes of	511
division (A)(1)(b)(ii)(iii) of this section, a misdemeanor of the	512
first degree for purposes of division (A)(1)(b)(iii) of this	513
section, or a misdemeanor other than a misdemeanor of the first	514
degree for purposes of division (A)(1)(b)(iv) of this section.	515

(B) If a person violates a prohibition in section 2950.04,	516
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	517
the person as a result of the person being adjudicated a	518
delinquent child and being classified a juvenile offender	519
registrant or as an out-of-state juvenile offender registrant,	520
both of the following apply:	521

(1) If the violation occurs while the person is under	522
eighteen years of age, the person is subject to proceedings under	523
Chapter 2152. of the Revised Code based on the violation.	524

(2) If the violation occurs while the person is eighteen	525
years of age or older, the person is subject to criminal	526
prosecution based on the violation.	527

(C) Whoever violates division (C) of section 2950.13 of the	528
Revised Code is guilty of a misdemeanor of the first degree.	529

Sec. 3319.39.  (A)(1) Except as provided in division	530
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or	531
hiring officer of the board of education of a school district, the	532
governing board of an educational service center, or of a	533
chartered nonpublic school shall request the superintendent of the	534
bureau of criminal identification and investigation to conduct a	535
criminal records check with respect to any applicant who has	536
applied to the school district, educational service center, or	537
school for employment in any position as a person responsible for	538
the care, custody, or control of a child. IfExcept as provided in	539
division (A)(1) of this section, if the applicant does not present	540
proof that the applicant has been a resident of this state for the	541
five-year period immediately prior to the date upon which the	542
criminal records check is requested or does not provide evidence	543
that within that five-year period the superintendent has requested	544
information about the applicant from the federal bureau of	545
investigation in a criminal records check, the appointing or	546
hiring officer shall request that the superintendent obtain	547
information from the federal bureau of investigation as a part of	548
the criminal records check for the applicant. IfExcept as	549
provided in division (A)(1) of this section, if the applicant	550
presents proof that the applicant has been a resident of this	551
state for that five-year period, the appointing or hiring officer	552
may request that the superintendent include information from the	553
federal bureau of investigation in the criminal records check. In	554
the case of an applicant who is applying to be employed as driver	555
of a school bus or motor van, the appointing or hiring officer	556
shall request that the superintendent include information from the	557
federal bureau of investigation in the criminal records check.	558

(2) A person required by division (A)(1) of this section to	559
request a criminal records check shall provide to each applicant a	560
copy of the form prescribed pursuant to division (C)(2) of section	561
109.572 of the Revised Code, provide to each applicant a standard	562
impression sheet to obtain fingerprint impressions prescribed	563
pursuant to division (C)(2) of section 109.572 of the Revised	564
Code, obtain the completed form and impression sheet from each	565
applicant, and forward the completed form and impression sheet to	566
the superintendent of the bureau of criminal identification and	567
investigation at the time the person requests a criminal records	568
check pursuant to division (A)(1) of this section.	569

(3) An applicant who receives pursuant to division (A)(2) of	570
this section a copy of the form prescribed pursuant to division	571
(C)(1) of section 109.572 of the Revised Code and a copy of an	572
impression sheet prescribed pursuant to division (C)(2) of that	573
section and who is requested to complete the form and provide a	574
set of fingerprint impressions shall complete the form or provide	575
all the information necessary to complete the form and shall	576
provide the impression sheet with the impressions of the	577
applicant's fingerprints. If an applicant, upon request, fails to	578
provide the information necessary to complete the form or fails to	579
provide impressions of the applicant's fingerprints, the board of	580
education of a school district, governing board of an educational	581
service center, or governing authority of a chartered nonpublic	582
school shall not employ that applicant for any position for which	583
a criminal records check is required pursuant to division (A)(1)	584
of this section.	585

(B)(1) Except as provided in rules adopted by the department	586
of education in accordance with division (E) of this section and	587
as provided in division (B)(3) of this section, no board of	588
education of a school district, no governing board of an	589
educational service center, and no governing authority of a	590
chartered nonpublic school shall employ a person as a person	591
responsible for the care, custody, or control of a child if the	592
person previously has been convicted of or pleaded guilty to any	593
of the following:	594

(a) A violation of section 2903.01, 2903.02, 2903.03,	595
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	596
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	597
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	598
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	599
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	600
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	601
2925.06, or 3716.11 of the Revised Code, a violation of section	602
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	603
violation of section 2919.23 of the Revised Code that would have	604
been a violation of section 2905.04 of the Revised Code as it	605
existed prior to July 1, 1996, had the violation been committed	606
prior to that date, a violation of section 2925.11 of the Revised	607
Code that is not a minor drug possession offense, or felonious	608
sexual penetration in violation of former section 2907.12 of the	609
Revised Code;	610

(b) A violation of an existing or former law of this state,	611
another state, or the United States that is substantially	612
equivalent to any of the offenses or violations described in	613
division (B)(1)(a) of this section.	614

(2) A board, governing board of an educational service	615
center, or a governing authority of a chartered nonpublic school	616
may employ an applicant conditionally until the criminal records	617
check required by this section is completed and the board or	618
governing authority receives the results of the criminal records	619
check. If the results of the criminal records check indicate that,	620
pursuant to division (B)(1) of this section, the applicant does	621
not qualify for employment, the board or governing authority shall	622
release the applicant from employment.	623

(3) No board and no governing authority of a chartered	624
nonpublic school shall employ a teacher who previously has been	625
convicted of or pleaded guilty to any of the offenses listed in	626
section 3319.31 of the Revised Code.	627

(C)(1) Each board and each governing authority of a chartered	628
nonpublic school shall pay to the bureau of criminal	629
identification and investigation the fee prescribed pursuant to	630
division (C)(3) of section 109.572 of the Revised Code for each	631
criminal records check conducted in accordance with that section	632
upon the request pursuant to division (A)(1) of this section of	633
the appointing or hiring officer of the board or governing	634
authority.	635

(2) A board and the governing authority of a chartered	636
nonpublic school may charge an applicant a fee for the costs it	637
incurs in obtaining a criminal records check under this section. A	638
fee charged under this division shall not exceed the amount of	639
fees the board or governing authority pays under division (C)(1)	640
of this section. If a fee is charged under this division, the	641
board or governing authority shall notify the applicant at the	642
time of the applicant's initial application for employment of the	643
amount of the fee and that, unless the fee is paid, the board or	644
governing authority will not consider the applicant for	645
employment.	646

(D) The report of any criminal records check conducted by the	647
bureau of criminal identification and investigation in accordance	648
with section 109.572 of the Revised Code and pursuant to a request	649
under division (A)(1) of this section is not a public record for	650
the purposes of section 149.43 of the Revised Code and shall not	651
be made available to any person other than the applicant who is	652
the subject of the criminal records check or the applicant's	653
representative, the board or governing authority requesting the	654
criminal records check or its representative, and any court,	655
hearing officer, or other necessary individual involved in a case	656
dealing with the denial of employment to the applicant.	657

(E) The department of education shall adopt rules pursuant to	658
Chapter 119. of the Revised Code to implement this section,	659
including rules specifying circumstances under which the board or	660
governing authority may hire a person who has been convicted of an	661
offense listed in division (B)(1) or (3) of this section but who	662
meets standards in regard to rehabilitation set by the department.	663

(F) Any person required by division (A)(1) of this section to	664
request a criminal records check shall inform each person, at the	665
time of the person's initial application for employment, of the	666
requirement to provide a set of fingerprint impressions and that a	667
criminal records check is required to be conducted and	668
satisfactorily completed in accordance with section 109.572 of the	669
Revised Code if the person comes under final consideration for	670
appointment or employment as a precondition to employment for the	671
school district, educational service center, or school for that	672
position.	673

(G) As used in this section:

674

(1) "Applicant" means a person who is under final	675
consideration for appointment or employment in a position with a	676
board of education, governing board of an educational service	677
center, or a chartered nonpublic school as a person responsible	678
for the care, custody, or control of a child, except that	679
"applicant" does not include a person already employed by a board	680
or chartered nonpublic school in a position of care, custody, or	681
control of a child who is under consideration for a different	682
position with such board or school.	683

(2) "Teacher" means a person holding an educator license or	684
permit issued under section 3319.22 or 3319.301 of the Revised	685
Code and teachers in a chartered nonpublic school.	686

(3) "Criminal records check" has the same meaning as in	687
section 109.572 of the Revised Code.	688

(4) "Minor drug possession offense" has the same meaning as	689
in section 2925.01 of the Revised Code.	690

(H) If the board of education of a local school district	691
adopts a resolution requesting the assistance of the educational	692
service center in which the local district has territory in	693
conducting criminal records checks of substitute teachers under	694
this section, the appointing or hiring officer of such educational	695
service center shall serve for purposes of this section as the	696
appointing or hiring officer of the local board in the case of	697
hiring substitute teachers for employment in the local district.	698

Sec. 3327.10.  (A) No person shall be employed as driver of a	699
school bus or motor van, owned and operated by any school district	700
or educational service center or privately owned and operated	701
under contract with any school district or service center in this	702
state, who has not received a certificate from the educational	703
service center governing board in case such person is employed by	704
a service center or by a local school district under the	705
supervision of the service center governing board, or by the	706
superintendent of schools, in case such person is employed by the	707
board of a city or exempted village school district, certifying	708
that such person is at least eighteen years of age and is of good	709
moral character and is qualified physically and otherwise for such	710
position. The service center governing board or the	711
superintendent, as the case may be, shall provide for an annual	712
physical examination that conforms with rules adopted by the state	713
board of education of each driver to ascertain the driver's	714
physical fitness for such employment. Any certificate may be	715
revoked by the authority granting the same on proof that the	716
holder has been guilty of failing to comply with division (D)(1)	717
of this section, or upon a conviction or a guilty plea for a	718
violation, or any other action, that results in a loss or	719
suspension of driving rights. Failure to comply with such division	720
may be cause for disciplinary action or termination of employment	721
under division (C) of section 3319.081, or section 124.34 of the	722
Revised Code.	723

(B) No person shall be employed as driver of a school bus or	724
motor van not subject to the rules of the department of education	725
pursuant to division (A) of this section who has not received a	726
certificate from the school administrator or contractor certifying	727
that such person is at least eighteen years of age, is of good	728
moral character, and is qualified physically and otherwise for	729
such position. Each driver shall have an annual physical	730
examination which conforms to the state highway patrol rules,	731
ascertaining the driver's physical fitness for such employment.	732
The examination shall be performed by one of the following:	733

(1) A person licensed under Chapter 4731. of the Revised Code	734
or by another state to practice medicine and surgery or	735
osteopathic medicine and surgery;	736

(2) A physician assistant;

737

(3) A certified nurse practitioner;

738

(4) A clinical nurse specialist;

739

(5) A certified nurse-midwife.

740

Any written documentation of the physical examination shall	741
be completed by the individual who performed the examination.	742

Any certificate may be revoked by the authority granting the	743
same on proof that the holder has been guilty of failing to comply	744
with division (D)(2) of this section.	745

(C) Any person who drives a school bus or motor van must give	746
satisfactory and sufficient bond except a driver who is an	747
employee of a school district and who drives a bus or motor van	748
owned by the school district.	749

(D) No person employed as driver of a school bus or motor van	750
under this section who is convicted of a traffic violation or who	751
has had the person's commercial driver's license suspended shall	752
drive a school bus or motor van until the person has filed a	753
written notice of the conviction or suspension, as follows:	754

(1) If the person is employed under division (A) of this	755
section, the person shall file the notice with the superintendent,	756
or a person designated by the superintendent, of the school	757
district for which the person drives a school bus or motor van as	758
an employee or drives a privately owned and operated school bus or	759
motor van under contract.	760

(2) If employed under division (B) of this section, the	761
person shall file the notice with the employing school	762
administrator or contractor, or a person designated by the	763
administrator or contractor.	764

(E) In addition to resulting in possible revocation of a	765
certificate as authorized by divisions (A) and (B) of this	766
section, violation of division (D) of this section is a minor	767
misdemeanor.	768

(F)(1) Not later than thirty days after the effective date of	769
this amendmentJune 30, 2007, each owner of a school bus or motor	770
van shall obtain from the bureau of motor vehicles the complete	771
driving record for at least the prior seven-year period of each	772
person who is currently employed or otherwise authorized to drive	773
the school bus or motor van. An owner of a school bus or motor van	774
shall not permit a person to operate the school bus or motor van	775
for the first time before the owner has obtained from the bureau	776
the person's complete driving record for at least the prior	777
seven-year period. Each year after obtaining a person's seven-year	778
driving record. Thereafter, the owner of a school bus or motor van	779
shall obtain from the bureau the person's driving record for at	780
least the prior yearnot less frequently than semiannually if the	781
person remains employed or otherwise authorized to drive the	782
school bus or motor van. An owner of a school bus or motor van	783
shall not permit a person to resume operating a school bus or	784
motor van, after an interruption of one year or longer, before the	785
owner has obtained from the bureau the person's complete driving	786
record for at least the period since the owner last obtained the	787
person's driving record or, if the owner had never obtained a	788
seven-year driving record for the person, for at least the prior	789
seven-year period.	790

(2) The owner of a school bus or motor van shall not permit a	791
person to operate the school bus or motor van for sevensix years	792
after the date on which the person pleads guilty to or is	793
convicted of a violation for which six points are assessed under	794
of section 4510.0364511.19 of the Revised Code or a substantially	795
equivalent municipal ordinance.	796

(3) Divisions (F)(1) and (2) of this section supersede only	797
the requirements of paragraphs (B)(3) and (F)(2) of rule	798
3301-83-06 of the Administrative Code, as that rule exists on the	799
effective date of this amendment, thatAn owner of a school bus	800
drivers have no six-point convictions during the prior twenty-four	801
months. All otheror motor van shall not permit any person to	802
operate such a vehicle unless the person meets all other	803
requirements contained in rules adopted by the state board of	804
education prescribing qualifications of drivers of school buses	805
and other student transportation, including the requirement of	806
those paragraphs that drivers not have been assessed eight points	807
within the previous twenty-four months, remain in effect until	808
amended or rescinded by the state board.	809

(G) No superintendent of a school district, educational	810
service center, community school, or public or private employer	811
shall permit the operation of a vehicle used for pupil	812
transportation within this state by an individual unless both of	813
the following apply:	814

(1) Information pertaining to that driver has been submitted	815
to the department of education, pursuant to procedures adopted by	816
that department. Information to be reported shall include the name	817
of the employer or school district, name of the driver, driver	818
license number, date of birth, date of hire, status of physical	819
evaluation, and status of training.	820

(2) A criminal records check, including information from the	821
federal bureau of investigation, has been completed and received	822
by the superintendent or public or private employer.	823

(H) A person, school district, educational service center,	824
community school, nonpublic school, or other public or nonpublic	825
entity that owns a school bus or motor van, or that contracts with	826
another entity to operate a school bus or motor van, may impose	827
more stringent restrictions on drivers than those prescribed in	828
this section, in any other section of the Revised Code, and in	829
rules adopted by the state board.	830

(I) For qualified drivers who, on the effective date of this	831
amendment, are employed by the owner of a school bus or motor van	832
to drive the school bus or motor van, any instance in which the	833
driver was convicted of or pleaded guilty to a violation of	834
section 4511.19 of the Revised Code or a substantially equivalent	835
municipal ordinance prior to two years prior to the effective date	836
of this amendment shall not be considered a disqualifying event	837
with respect to division (F) of this section.	838

Section 2. That existing sections 504.04, 2907.40, 2950.99,	839
3319.39, and 3327.10 of the Revised Code are hereby repealed.	840

Section 3. The amendments to sections 504.04 and 2950.99 of	841
the Revised Code that are made by Sections 1 and 2 of this act and	842
the enactment of sections 503.60 and 2950.131 of the Revised Code	843
by Section 1 of the act shall take effect on January 1, 2008.	844

The amendment to section 2907.40 of the Revised Code that is	845
made by Sections 1 and 2 of this act takes effect the same day	846
section 2907.40 of the Revised Code as enacted in Sub. S.B. 16 of	847
the 127th General Assembly takes effect.	848

The amendments to sections 3319.39 and 3327.10 of the Revised	849
Code that are made by Sections 1 and 2 of this act shall take	850
effect July 1, 2007.	851

The enactment of section 109.5721 of the Revised Code by	852
Section 1 of this act shall take effect on August 15, 2007.	853

Section 4. Sections 1 to 3 of this act shall take effect July	854
1, 2007.	855

Section 5. This act is hereby declared to be an emergency	856
measure necessary for the immediate preservation of the public	857
peace, health, and safety. The reason for such necessity is that	858
the changes to the state's Sex Offender Registration and	859
Notification Law made by this act are crucially needed to provide	860
increased protection and security for the state's residents from	861
persons who have been convicted of, or found to be delinquent for	862
committing, a sexually oriented offense or a child-victim oriented	863
offense and to conform that Law by July 1, 2007, to recently	864
enacted requirements of federal law. Therefore, this act shall go	865
into immediate effect.	866