(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 5. This act is hereby declared to be an emergency | 855 |
measure necessary for the immediate preservation of the public | 856 |
peace, health, and safety. The reason for such necessity is that | 857 |
the changes to the state's Sex Offender Registration and | 858 |
Notification Law made by this act are crucially needed to provide | 859 |
increased protection and security for the state's residents from | 860 |
persons who have been convicted of, or found to be delinquent for | 861 |
committing, a sexually oriented offense or a child-victim oriented | 862 |
offense and to conform that Law by July 1, 2007, to recently | 863 |
enacted requirements of federal law. Therefore, this act shall go | 864 |
into immediate effect. | 865 |