|
|
To amend sections 109.73, 2151.358, 2152.021, | 1 |
2743.60, 2905.32, 2907.04, 2921.32, 2923.31, | 2 |
2929.13, 2950.01, 2981.12, and 5502.63 and to | 3 |
enact sections 109.66, 109.745, 109.746, 2307.51, | 4 |
2953.38, 4743.07, and 5101.87 of the Revised Code | 5 |
to require the Attorney General annually to | 6 |
publish statistical data on human trafficking | 7 |
cases in Ohio, to provide for peace officer | 8 |
training and public awareness programs relative to | 9 |
human trafficking, to authorize a juvenile court | 10 |
to hold a delinquent child complaint in abeyance | 11 |
pending the child's completion of diversion | 12 |
actions if the alleged delinquent child is charged | 13 |
with prostitution-related conduct or is a victim | 14 |
of trafficking in persons, to ensure that minor | 15 |
victims of trafficking in persons are not | 16 |
prohibited from receiving awards from the Victims | 17 |
of Crime Fund, to eliminate provisions that | 18 |
prohibit multiple convictions for conduct that | 19 |
constitutes trafficking in persons and either an | 20 |
allied offense or corrupt activity, to increase | 21 |
the penalties for trafficking in persons and | 22 |
obstruction of justice, to prohibit a person from | 23 |
engaging in sexual conduct for hire with a minor | 24 |
regardless of the adult's knowledge of the minor's | 25 |
age, to require offenders convicted of promoting | 26 |
prostitution or of trafficking in persons under | 27 |
certain circumstances to register as sex | 28 |
offenders, to authorize a person convicted of or | 29 |
adjudicated a delinquent child for committing a | 30 |
prostitution-related offense or act to apply for | 31 |
expungement of the record of conviction or | 32 |
adjudication if the person's participation in the | 33 |
offense or act was a result of being a victim of | 34 |
human trafficking, to recommend that agencies that | 35 |
grant licenses for trades or professions require | 36 |
training related to human trafficking, to require | 37 |
the Division of Criminal Justice Services to | 38 |
create and make available a poster that provides | 39 |
information regarding the National Human | 40 |
Trafficking Resource Center hotline, to create the | 41 |
Victims of Human Trafficking Fund, and to declare | 42 |
an emergency. | 43 |
Section 1. That sections 109.73, 2151.358, 2152.021, 2743.60, | 44 |
2905.32, 2907.04, 2921.32, 2923.31, 2929.13, 2950.01, 2981.12, and | 45 |
5502.63 be amended and sections 109.66, 109.745, 109.746, 2307.51, | 46 |
2953.38, 4743.02, and 5101.87 of the Revised Code be enacted to | 47 |
read as follows: | 48 |
Sec. 109.66. (A) The attorney general, with assistance from | 49 |
the bureau of criminal identification and investigation, annually | 50 |
shall publish statistical data on violations of section 2905.32 of | 51 |
the Revised Code. The first annual publication of this data shall | 52 |
occur one year after the effective date of this section. | 53 |
(B) Each state agency and each agency of each political | 54 |
subdivision that investigates violations of section 2905.32 of the | 55 |
Revised Code or acts of human trafficking shall collect and submit | 56 |
to the bureau of criminal identification and investigation on or | 57 |
before a date to be determined by the attorney general the | 58 |
following information relevant to those violations or acts: | 59 |
(1) The number of investigations, arrests, prosecutions, and | 60 |
successful convictions of persons for a violation of section | 61 |
2905.32 of the Revised Code; | 62 |
(2) The estimated number and demographic characteristics of | 63 |
persons violating that section, as well as those persons who | 64 |
purchase or receive a commercial sex act, sexually explicit | 65 |
performance, labor, or services from victims of violations of that | 66 |
section; | 67 |
(3) Statistics on the number of victims of violations of that | 68 |
section and statistics on the nationality, age, method of | 69 |
recruitment, and country, state, or city of origin of the victims | 70 |
of violations of that section; | 71 |
(4) Trafficking routes and trafficking patterns used in | 72 |
violations of that section; | 73 |
(5) Methods of transportation used in violations of that | 74 |
section; | 75 |
(6) Social and economic factors that contribute to and foster | 76 |
the demand for all forms of exploitation of persons that leads to | 77 |
trafficking in persons. | 78 |
(C) As used in this section: | 79 |
(1) "Commercial sex act" means any sex act on account of | 80 |
which anything of value is directly or indirectly given, promised | 81 |
to, or received by any person. | 82 |
(2) "Labor" means work of economic or financial value. | 83 |
(3) "Services" means an ongoing relationship between persons | 84 |
in which a person performs activities at the behest of, under the | 85 |
supervision of, or for the benefit of another person. | 86 |
(4) "Sexually explicit performance" means a live, public, | 87 |
private, photographed, recorded, or videotaped act intended to | 88 |
sexually arouse, satisfy the sexual desires of, or appeal to the | 89 |
prurient interests of any person. | 90 |
(5) "Human trafficking" has the same meaning as in section | 91 |
2929.01 of the Revised Code. | 92 |
Sec. 109.73. (A) The Ohio peace officer training commission | 93 |
shall recommend rules to the attorney general with respect to all | 94 |
of the following: | 95 |
(1) The approval, or revocation of approval, of peace officer | 96 |
training schools administered by the state, counties, municipal | 97 |
corporations, public school districts, technical college | 98 |
districts, and the department of natural resources; | 99 |
(2) Minimum courses of study, attendance requirements, and | 100 |
equipment and facilities to be required at approved state, county, | 101 |
municipal, and department of natural resources peace officer | 102 |
training schools; | 103 |
(3) Minimum qualifications for instructors at approved state, | 104 |
county, municipal, and department of natural resources peace | 105 |
officer training schools; | 106 |
(4) The requirements of minimum basic training that peace | 107 |
officers appointed to probationary terms shall complete before | 108 |
being eligible for permanent appointment, which requirements shall | 109 |
include training in the handling of the offense of domestic | 110 |
violence, other types of domestic violence-related offenses and | 111 |
incidents, and protection orders and consent agreements issued or | 112 |
approved under section 2919.26 or 3113.31 of the Revised Code; | 113 |
crisis intervention training; and training in the handling of | 114 |
missing children and child abuse and neglect cases; and training | 115 |
in handling violations of section 2905.32 of the Revised Code; and | 116 |
the time within which such basic training shall be completed | 117 |
following appointment to a probationary term; | 118 |
(5) The requirements of minimum basic training that peace | 119 |
officers not appointed for probationary terms but appointed on | 120 |
other than a permanent basis shall complete in order to be | 121 |
eligible for continued employment or permanent appointment, which | 122 |
requirements shall include training in the handling of the offense | 123 |
of domestic violence, other types of domestic violence-related | 124 |
offenses and incidents, and protection orders and consent | 125 |
agreements issued or approved under section 2919.26 or 3113.31 of | 126 |
the Revised Code, crisis intervention training, and training in | 127 |
the handling of missing children and child abuse and neglect | 128 |
cases, and training in handling violations of section 2905.32 of | 129 |
the Revised Code, and the time within which such basic training | 130 |
shall be completed following appointment on other than a permanent | 131 |
basis; | 132 |
(6) Categories or classifications of advanced in-service | 133 |
training programs for peace officers, including programs in the | 134 |
handling of the offense of domestic violence, other types of | 135 |
domestic violence-related offenses and incidents, and protection | 136 |
orders and consent agreements issued or approved under section | 137 |
2919.26 or 3113.31 of the Revised Code, in crisis intervention, | 138 |
and in the handling of missing children and child abuse and | 139 |
neglect cases, and in handling violations of section 2905.32 of | 140 |
the Revised Code, and minimum courses of study and attendance | 141 |
requirements with respect to such categories or classifications; | 142 |
(7) Permitting persons, who are employed as members of a | 143 |
campus police department appointed under section 1713.50 of the | 144 |
Revised Code; who are employed as police officers by a qualified | 145 |
nonprofit corporation police department pursuant to section | 146 |
1702.80 of the Revised Code; who are appointed and commissioned as | 147 |
bank, savings and loan association, savings bank, credit union, or | 148 |
association of banks, savings and loan associations, savings | 149 |
banks, or credit unions police officers, as railroad police | 150 |
officers, or as hospital police officers pursuant to sections | 151 |
4973.17 to 4973.22 of the Revised Code; or who are appointed and | 152 |
commissioned as amusement park police officers pursuant to section | 153 |
4973.17 of the Revised Code, to attend approved peace officer | 154 |
training schools, including the Ohio peace officer training | 155 |
academy, and to receive certificates of satisfactory completion of | 156 |
basic training programs, if the private college or university that | 157 |
established the campus police department; qualified nonprofit | 158 |
corporation police department; bank, savings and loan association, | 159 |
savings bank, credit union, or association of banks, savings and | 160 |
loan associations, savings banks, or credit unions; railroad | 161 |
company; hospital; or amusement park sponsoring the police | 162 |
officers pays the entire cost of the training and certification | 163 |
and if trainee vacancies are available; | 164 |
(8) Permitting undercover drug agents to attend approved | 165 |
peace officer training schools, other than the Ohio peace officer | 166 |
training academy, and to receive certificates of satisfactory | 167 |
completion of basic training programs, if, for each undercover | 168 |
drug agent, the county, township, or municipal corporation that | 169 |
employs that undercover drug agent pays the entire cost of the | 170 |
training and certification; | 171 |
(9)(a) The requirements for basic training programs for | 172 |
bailiffs and deputy bailiffs of courts of record of this state and | 173 |
for criminal investigators employed by the state public defender | 174 |
that those persons shall complete before they may carry a firearm | 175 |
while on duty; | 176 |
(b) The requirements for any training received by a bailiff | 177 |
or deputy bailiff of a court of record of this state or by a | 178 |
criminal investigator employed by the state public defender prior | 179 |
to June 6, 1986, that is to be considered equivalent to the | 180 |
training described in division (A)(9)(a) of this section. | 181 |
(10) Establishing minimum qualifications and requirements for | 182 |
certification for dogs utilized by law enforcement agencies; | 183 |
(11) Establishing minimum requirements for certification of | 184 |
persons who are employed as correction officers in a full-service | 185 |
jail, five-day facility, or eight-hour holding facility or who | 186 |
provide correction services in such a jail or facility; | 187 |
(12) Establishing requirements for the training of agents of | 188 |
a county humane society under section 1717.06 of the Revised Code, | 189 |
including, without limitation, a requirement that the agents | 190 |
receive instruction on traditional animal husbandry methods and | 191 |
training techniques, including customary owner-performed | 192 |
practices. | 193 |
(B) The commission shall appoint an executive director, with | 194 |
the approval of the attorney general, who shall hold office during | 195 |
the pleasure of the commission. The executive director shall | 196 |
perform such duties assigned by the commission. The executive | 197 |
director shall receive a salary fixed pursuant to Chapter 124. of | 198 |
the Revised Code and reimbursement for expenses within the amounts | 199 |
available by appropriation. The executive director may appoint | 200 |
officers, employees, agents, and consultants as the executive | 201 |
director considers necessary, prescribe their duties, and provide | 202 |
for reimbursement of their expenses within the amounts available | 203 |
for reimbursement by appropriation and with the approval of the | 204 |
commission. | 205 |
(C) The commission may do all of the following: | 206 |
(1) Recommend studies, surveys, and reports to be made by the | 207 |
executive director regarding the carrying out of the objectives | 208 |
and purposes of sections 109.71 to 109.77 of the Revised Code; | 209 |
(2) Visit and inspect any peace officer training school that | 210 |
has been approved by the executive director or for which | 211 |
application for approval has been made; | 212 |
(3) Make recommendations, from time to time, to the executive | 213 |
director, the attorney general, and the general assembly regarding | 214 |
the carrying out of the purposes of sections 109.71 to 109.77 of | 215 |
the Revised Code; | 216 |
(4) Report to the attorney general from time to time, and to | 217 |
the governor and the general assembly at least annually, | 218 |
concerning the activities of the commission; | 219 |
(5) Establish fees for the services the commission offers | 220 |
under sections 109.71 to 109.79 of the Revised Code, including, | 221 |
but not limited to, fees for training, certification, and testing; | 222 |
(6) Perform such other acts as are necessary or appropriate | 223 |
to carry out the powers and duties of the commission as set forth | 224 |
in sections 109.71 to 109.77 of the Revised Code. | 225 |
(D) In establishing the requirements, under division (A)(12) | 226 |
of this section, the commission may consider any portions of the | 227 |
curriculum for instruction on the topic of animal husbandry | 228 |
practices, if any, of the Ohio state university college of | 229 |
veterinary medicine. No person or entity that fails to provide | 230 |
instruction on traditional animal husbandry methods and training | 231 |
techniques, including customary owner-performed practices, shall | 232 |
qualify to train a humane agent for appointment under section | 233 |
1717.06 of the Revised Code. | 234 |
Sec. 109.745. (A) The attorney general shall provide | 235 |
training for peace officers in investigating and handling | 236 |
violations of section 2905.32 of the Revised Code. The training | 237 |
shall include all of the following: | 238 |
(1) Identifying violations of section 2905.32 of the Revised | 239 |
Code; | 240 |
(2) Methods used in identifying victims of violations of | 241 |
section 2905.32 of the Revised Code who are citizens of the United | 242 |
States or a foreign country, including preliminary interviewing | 243 |
techniques and appropriate questioning methods; | 244 |
(3) Methods for prosecuting persons who violate section | 245 |
2905.32 of the Revised Code; | 246 |
(4) Methods of increasing effective collaboration with | 247 |
nongovernmental organizations and other social service | 248 |
organizations in the course of a criminal action regarding a | 249 |
violation of section 2905.32 of the Revised Code; | 250 |
(5) Methods for protecting the rights of victims of | 251 |
violations of section 2905.32 of the Revised Code, including the | 252 |
need to consider human rights and the special needs of women and | 253 |
children who are victims of violations of that section and to | 254 |
treat victims as victims rather than as criminals; | 255 |
(6) Methods for promoting the safety of victims of violations | 256 |
of section 2905.32 of the Revised Code, including the training of | 257 |
peace officers to quickly recognize victims of a violation of any | 258 |
of those sections who are citizens of the United States or | 259 |
citizens of a foreign country. | 260 |
(B) Any organization, person, or other governmental agency | 261 |
with an interest and expertise in trafficking in persons may | 262 |
submit information or materials to the attorney general regarding | 263 |
the development and presentation of the training required under | 264 |
this section. The attorney general, in developing the training | 265 |
required by this section, shall consider any information submitted | 266 |
pursuant to this division. | 267 |
Sec. 109.746. (A) The attorney general may prepare public | 268 |
awareness programs that are designed to educate potential victims | 269 |
of violations of section 2905.32 of the Revised Code and their | 270 |
families of the risks of becoming a victim of a violation of that | 271 |
section. The attorney general may prepare these programs with | 272 |
assistance from the department of health, the department of mental | 273 |
health, the department of job and family services, the department | 274 |
of alcohol and drug addiction services, and the department of | 275 |
education. | 276 |
(B) Any organization, person, or other governmental agency | 277 |
with an interest and expertise in trafficking in persons may | 278 |
submit information or materials to the attorney general regarding | 279 |
the preparation of the programs and materials permitted under this | 280 |
section. The attorney general, in developing the programs and | 281 |
materials permitted by this section, shall consider any | 282 |
information submitted pursuant to this division. | 283 |
Sec. 2151.358. (A) The juvenile court shall expunge all | 284 |
records sealed under section 2151.356 of the Revised Code five | 285 |
years after the court issues a sealing order or upon the | 286 |
twenty-third birthday of the person who is the subject of the | 287 |
sealing order, whichever date is earlier. | 288 |
(B) Notwithstanding division (A) of this section, upon | 289 |
application by the person who has had a record sealed under | 290 |
section 2151.356 of the Revised Code, the juvenile court may | 291 |
expunge a record sealed under section 2151.356 of the Revised | 292 |
Code. In making the determination whether to expunge records, all | 293 |
of the following apply: | 294 |
(1) The court may require a person filing an application for | 295 |
expungement to submit any relevant documentation to support the | 296 |
application. | 297 |
(2) The court may cause an investigation to be made to | 298 |
determine if the person who is the subject of the proceedings has | 299 |
been rehabilitated to a satisfactory degree. | 300 |
(3) The court shall promptly notify the prosecuting attorney | 301 |
of any proceedings to expunge records. | 302 |
(4)(a) The prosecuting attorney may file a response with the | 303 |
court within thirty days of receiving notice of the expungement | 304 |
proceedings. | 305 |
(b) If the prosecuting attorney does not file a response with | 306 |
the court or if the prosecuting attorney files a response but | 307 |
indicates that the prosecuting attorney does not object to the | 308 |
expungement of the records, the court may order the records of the | 309 |
person that are under consideration to be expunged without | 310 |
conducting a hearing on the application. If the court decides in | 311 |
its discretion to conduct a hearing on the application, the court | 312 |
shall conduct the hearing within thirty days after making that | 313 |
decision and shall give notice, by regular mail, of the date, | 314 |
time, and location of the hearing to the prosecuting attorney and | 315 |
to the person who is the subject of the records under | 316 |
consideration. | 317 |
(c) If the prosecuting attorney files a response with the | 318 |
court that indicates that the prosecuting attorney objects to the | 319 |
expungement of the records, the court shall conduct a hearing on | 320 |
the application within thirty days after the court receives the | 321 |
response. The court shall give notice, by regular mail, of the | 322 |
date, time, and location of the hearing to the prosecuting | 323 |
attorney and to the person who is the subject of the records under | 324 |
consideration. | 325 |
(5) After conducting a hearing in accordance with division | 326 |
(B)(4) of this section or after due consideration when a hearing | 327 |
is not conducted, the court may order the records of the person | 328 |
that are the subject of the application to be expunged if it finds | 329 |
that the person has been rehabilitated to a satisfactory degree. | 330 |
In determining whether the person has been rehabilitated to a | 331 |
satisfactory degree, the court may consider all of the following: | 332 |
(a) The age of the person; | 333 |
(b) The nature of the case; | 334 |
(c) The cessation or continuation of delinquent, unruly, or | 335 |
criminal behavior; | 336 |
(d) The education and employment history of the person; | 337 |
(e) Any other circumstances that may relate to the | 338 |
rehabilitation of the person who is the subject of the records | 339 |
under consideration. | 340 |
(C) If the juvenile court is notified by any party in a civil | 341 |
action that a civil action has been filed based on a case the | 342 |
records for which are the subject of a sealing order, the juvenile | 343 |
court shall not expunge a record sealed under section 2151.356 of | 344 |
the Revised Code until the civil action has been resolved and is | 345 |
not subject to further appellate review, at which time the records | 346 |
shall be expunged pursuant to division (A) of this section. | 347 |
(D)(1) A juvenile court that issues a protection order or | 348 |
approves a consent agreement under section 2151.34 or 3113.31 of | 349 |
the Revised Code shall automatically seal all of the records of | 350 |
the proceeding in which the order was issued or agreement approved | 351 |
on the date the person against whom the protection order was | 352 |
issued or the consent agreement approved attains the age of | 353 |
nineteen years if the court determines that the person has | 354 |
complied with all of the terms of the protection order or consent | 355 |
agreement. | 356 |
(2) In a proceeding under section 2151.34 of the Revised | 357 |
Code, if the juvenile court does not issue any protection order | 358 |
under division (E) of that section, the court shall automatically | 359 |
seal all of the records in that proceeding. In a proceeding under | 360 |
section 3113.31 of the Revised Code, if the juvenile court does | 361 |
not issue any protection order or approve any consent agreement | 362 |
under division (E) of that section, the court shall automatically | 363 |
seal all of the records in that proceeding. | 364 |
(3)(a) If a juvenile court that issues a protection order or | 365 |
approves a consent agreement under section 2151.34 or 3113.31 of | 366 |
the Revised Code determines that the person against whom the | 367 |
protection order was issued or the consent agreement approved has | 368 |
not complied with all of the terms of the protection order or | 369 |
consent agreement, the court shall consider sealing all of the | 370 |
records of the proceeding in which the order was issued or | 371 |
agreement approved upon the court's own motion or upon the | 372 |
application of a person. The court may make the motion or the | 373 |
person who is the subject of the records under consideration may | 374 |
apply for an order sealing the records of the proceeding at any | 375 |
time after two years after the expiration of the protection order | 376 |
or consent agreement. | 377 |
(b) In making a determination whether to seal records | 378 |
pursuant to division (D)(3) of this section, all of the following | 379 |
apply: | 380 |
(i) The court may require a person filing an application | 381 |
under division (D)(3) of this section to submit any relevant | 382 |
documentation to support the application. | 383 |
(ii) The court shall promptly notify the victim or the | 384 |
victim's attorney of any proceedings to seal records initiated | 385 |
pursuant to division (D)(3) of this section. | 386 |
(iii) The victim or the victim's attorney may file a response | 387 |
with the court within thirty days of receiving notice of the | 388 |
sealing proceedings. | 389 |
If the victim or the victim's attorney does not file a | 390 |
response with the court or if the victim or the victim's attorney | 391 |
files a response but indicates that the victim or the victim's | 392 |
attorney does not object to the sealing of the records, the court | 393 |
may order the records of the person that are under consideration | 394 |
to be sealed without conducting a hearing on the motion or | 395 |
application. If the court decides in its discretion to conduct a | 396 |
hearing on the motion or application, the court shall conduct the | 397 |
hearing within thirty days after making that decision and shall | 398 |
give notice, by regular mail, of the date, time, and location of | 399 |
the hearing to the victim or the victim's attorney and to the | 400 |
person who is the subject of the records under consideration. | 401 |
If the victim or the victim's attorney files a response with | 402 |
the court that indicates that the victim or the victim's attorney | 403 |
objects to the sealing of the records, the court shall conduct a | 404 |
hearing on the motion or application within thirty days after the | 405 |
court receives the response. The court shall give notice, by | 406 |
regular mail, of the date, time, and location of the hearing to | 407 |
the victim or the victim's attorney and to the person who is the | 408 |
subject of the records under consideration. | 409 |
(iv) After conducting a hearing in accordance with division | 410 |
(D)(3)(b)(iii) of this section or after due consideration when a | 411 |
hearing is not conducted, the court may order the records of the | 412 |
person that are the subject of the motion or application to be | 413 |
sealed. | 414 |
(4) Inspection of the records sealed pursuant to division | 415 |
(D)(1), (2), or (3) of this section may be made only by the | 416 |
following persons or for the following purposes: | 417 |
(a) By a law enforcement officer or prosecutor, or the | 418 |
assistants of either, to determine whether the nature and | 419 |
character of the offense with which a person is to be charged | 420 |
would be affected by virtue of the person's previously having been | 421 |
convicted of a crime; | 422 |
(b) By the parole or probation officer of the person who is | 423 |
the subject of the records, for the exclusive use of the officer | 424 |
in supervising the person while on parole or under a community | 425 |
control sanction or a post-release control sanction, and in making | 426 |
inquiries and written reports as requested by the court or adult | 427 |
parole authority; | 428 |
(c) Upon application by the person who is the subject of the | 429 |
records, by the persons named in the application; | 430 |
(d) By a law enforcement officer who was involved in the | 431 |
case, for use in the officer's defense of a civil action arising | 432 |
out of the officer's involvement in that case; | 433 |
(e) By a prosecuting attorney or the prosecuting attorney's | 434 |
assistants, to determine a defendant's eligibility to enter a | 435 |
pre-trial diversion program established pursuant to section | 436 |
2935.36 of the Revised Code; | 437 |
(f) By any law enforcement agency or any authorized employee | 438 |
of a law enforcement agency or by the department of rehabilitation | 439 |
and correction as part of a background investigation of a person | 440 |
who applies for employment with the agency as a law enforcement | 441 |
officer or with the department as a corrections officer; | 442 |
(g) By any law enforcement agency or any authorized employee | 443 |
of a law enforcement agency, for the purposes set forth in, and in | 444 |
the manner provided in, section 2953.321 of the Revised Code; | 445 |
(h) By the bureau of criminal identification and | 446 |
investigation or any authorized employee of the bureau for the | 447 |
purpose of providing information to a board or person pursuant to | 448 |
division (F) or (G) of section 109.57 of the Revised Code; | 449 |
(i) By the bureau of criminal identification and | 450 |
investigation or any authorized employee of the bureau for the | 451 |
purpose of performing a criminal history records check on a person | 452 |
to whom a certificate as prescribed in section 109.77 of the | 453 |
Revised Code is to be awarded; | 454 |
(j) By the bureau of criminal identification and | 455 |
investigation or any authorized employee of the bureau for the | 456 |
purpose of conducting a criminal records check of an individual | 457 |
pursuant to division (B) of section 109.572 of the Revised Code | 458 |
that was requested pursuant to any of the sections identified in | 459 |
division (B)(1) of that section; | 460 |
(k) By the bureau of criminal identification and | 461 |
investigation, an authorized employee of the bureau, a sheriff, or | 462 |
an authorized employee of a sheriff in connection with a criminal | 463 |
records check described in section 311.41 of the Revised Code; | 464 |
(l) By the attorney general or an authorized employee of the | 465 |
attorney general or a court for purposes of determining a person's | 466 |
classification pursuant to Chapter 2950. of the Revised Code. | 467 |
When the nature and character of the offense with which a | 468 |
person is to be charged would be affected by the information, it | 469 |
may be used for the purpose of charging the person with an | 470 |
offense. | 471 |
(E) In addition to the methods of expungement provided for in | 472 |
divisions (A) and (B) of this section, a person who has been | 473 |
adjudicated a delinquent child for having committed an act that | 474 |
would be a violation of section 2907.24, 2907.241, or 2907.25 of | 475 |
the Revised Code if the child were an adult may apply to the | 476 |
adjudicating court for the expungement of the record of | 477 |
adjudication if the person's participation in the act was a result | 478 |
of the person having been a victim of human trafficking. The | 479 |
application shall be made in the same manner as an application for | 480 |
expungement under section 2953.38 of the Revised Code, and all of | 481 |
the provisions of that section shall apply to the expungement | 482 |
procedure. | 483 |
(F) After the records have been expunged under this section, | 484 |
the person who is the subject of the expunged records properly | 485 |
may, and the court shall, reply that no record exists with respect | 486 |
to the person upon any inquiry in the matter. | 487 |
Sec. 2152.021. (A)(1) Subject to division (A)(2) of this | 488 |
section, any person having knowledge of a child who appears to be | 489 |
a juvenile traffic offender or to be a delinquent child may file a | 490 |
sworn complaint with respect to that child in the juvenile court | 491 |
of the county in which the child has a residence or legal | 492 |
settlement or in which the traffic offense or delinquent act | 493 |
allegedly occurred. The sworn complaint may be upon information | 494 |
and belief, and, in addition to the allegation that the child is a | 495 |
delinquent child or a juvenile traffic offender, the complaint | 496 |
shall allege the particular facts upon which the allegation that | 497 |
the child is a delinquent child or a juvenile traffic offender is | 498 |
based. | 499 |
If a child appears to be a delinquent child who is eligible | 500 |
for a serious youthful offender dispositional sentence under | 501 |
section 2152.11 of the Revised Code and if the prosecuting | 502 |
attorney desires to seek a serious youthful offender dispositional | 503 |
sentence under section 2152.13 of the Revised Code in regard to | 504 |
the child, the prosecuting attorney of the county in which the | 505 |
alleged delinquency occurs may initiate a case in the juvenile | 506 |
court of the county by presenting the case to a grand jury for | 507 |
indictment, by charging the child in a bill of information as a | 508 |
serious youthful offender pursuant to section 2152.13 of the | 509 |
Revised Code, by requesting a serious youthful offender | 510 |
dispositional sentence in the original complaint alleging that the | 511 |
child is a delinquent child, or by filing with the juvenile court | 512 |
a written notice of intent to seek a serious youthful offender | 513 |
dispositional sentence. This paragraph does not apply regarding | 514 |
the imposition of a serious youthful offender dispositional | 515 |
sentence pursuant to section 2152.121 of the Revised Code. | 516 |
(2) Any person having knowledge of a child who appears to be | 517 |
a delinquent child for being an habitual or chronic truant may | 518 |
file a sworn complaint with respect to that child, or with respect | 519 |
to that child and the parent, guardian, or other person having | 520 |
care of the child, in the juvenile court of the county in which | 521 |
the child has a residence or legal settlement or in which the | 522 |
child is supposed to attend public school. The sworn complaint may | 523 |
be upon information and belief and shall allege that the child is | 524 |
a delinquent child for being a chronic truant or an habitual | 525 |
truant who previously has been adjudicated an unruly child for | 526 |
being a habitual truant and, in addition, the particular facts | 527 |
upon which that allegation is based. If the complaint contains | 528 |
allegations regarding the child's parent, guardian, or other | 529 |
person having care of the child, the complaint additionally shall | 530 |
allege that the parent, guardian, or other person having care of | 531 |
the child has failed to cause the child's attendance at school in | 532 |
violation of section 3321.38 of the Revised Code and, in addition, | 533 |
the particular facts upon which that allegation is based. | 534 |
(B) Any person with standing under applicable law may file a | 535 |
complaint for the determination of any other matter over which the | 536 |
juvenile court is given jurisdiction by section 2151.23 of the | 537 |
Revised Code. The complaint shall be filed in the county in which | 538 |
the child who is the subject of the complaint is found or was last | 539 |
known to be found. | 540 |
(C) Within ten days after the filing of a complaint or the | 541 |
issuance of an indictment, the court shall give written notice of | 542 |
the filing of the complaint or the issuance of an indictment and | 543 |
of the substance of the complaint or indictment to the | 544 |
superintendent of a city, local, exempted village, or joint | 545 |
vocational school district if the complaint or indictment alleges | 546 |
that a child committed an act that would be a criminal offense if | 547 |
committed by an adult, that the child was sixteen years of age or | 548 |
older at the time of the commission of the alleged act, and that | 549 |
the alleged act is any of the following: | 550 |
(1) A violation of section 2923.122 of the Revised Code that | 551 |
relates to property owned or controlled by, or to an activity held | 552 |
under the auspices of, the board of education of that school | 553 |
district; | 554 |
(2) A violation of section 2923.12 of the Revised Code, of a | 555 |
substantially similar municipal ordinance, or of section 2925.03 | 556 |
of the Revised Code that was committed on property owned or | 557 |
controlled by, or at an activity held under the auspices of, the | 558 |
board of education of that school district; | 559 |
(3) A violation of section 2925.11 of the Revised Code that | 560 |
was committed on property owned or controlled by, or at an | 561 |
activity held under the auspices of, the board of education of | 562 |
that school district, other than a violation of that section that | 563 |
would be a minor drug possession offense if committed by an adult; | 564 |
(4) A violation of section 2903.01, 2903.02, 2903.03, | 565 |
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised | 566 |
Code, or a violation of former section 2907.12 of the Revised | 567 |
Code, that was committed on property owned or controlled by, or at | 568 |
an activity held under the auspices of, the board of education of | 569 |
that school district, if the victim at the time of the commission | 570 |
of the alleged act was an employee of the board of education of | 571 |
that school district; | 572 |
(5) Complicity in any violation described in division (C)(1), | 573 |
(2), (3), or (4) of this section that was alleged to have been | 574 |
committed in the manner described in division (C)(1), (2), (3), or | 575 |
(4) of this section, regardless of whether the act of complicity | 576 |
was committed on property owned or controlled by, or at an | 577 |
activity held under the auspices of, the board of education of | 578 |
that school district. | 579 |
(D) A public children services agency, acting pursuant to a | 580 |
complaint or an action on a complaint filed under this section, is | 581 |
not subject to the requirements of section 3127.23 of the Revised | 582 |
Code. | 583 |
(E) For purposes of the record to be maintained by the clerk | 584 |
under division (B) of section 2152.71 of the Revised Code, when a | 585 |
complaint is filed that alleges that a child is a delinquent | 586 |
child, the court shall determine if the victim of the alleged | 587 |
delinquent act was sixty-five years of age or older or permanently | 588 |
and totally disabled at the time of the alleged commission of the | 589 |
act. | 590 |
(F)(1) At any time after the filing of a complaint alleging | 591 |
that a child is a delinquent child and before adjudication, the | 592 |
court may hold a hearing to determine whether to hold the | 593 |
complaint in abeyance pending the child's successful completion of | 594 |
actions that constitute a method to divert the child from the | 595 |
juvenile court system if the child agrees to the hearing and | 596 |
either of the following applies: | 597 |
(a) The act charged would be a violation of section 2907.24, | 598 |
2907.241, or 2907.25 of the Revised Code if the child were an | 599 |
adult. | 600 |
(b) The court has reason to believe that the child is a | 601 |
victim of a violation of section 2905.32 of the Revised Code, | 602 |
regardless of whether any person has been convicted of a violation | 603 |
of that section or of any other section for victimizing the child, | 604 |
and the act charged is related to the child's victimization. | 605 |
(2) The prosecuting attorney has the right to participate in | 606 |
any hearing held under division (F)(1) of this section, to object | 607 |
to holding the complaint that is the subject of the hearing in | 608 |
abeyance, and to make recommendations related to diversion | 609 |
actions. No statement made by a child at a hearing held under | 610 |
division (F)(1) of this section is admissible in any subsequent | 611 |
proceeding against the child. | 612 |
(3) If either division (F)(1)(a) or (b) of this section | 613 |
applies, the court shall promptly appoint a guardian ad litem for | 614 |
the child. The court shall not appoint the child's attorney as | 615 |
guardian ad litem. If the court decides to hold the complaint in | 616 |
abeyance, the guardian ad litem shall make a recommendation to the | 617 |
court as to whether the court should place the child under the | 618 |
protective supervision or temporary custody of a public children | 619 |
services agency. | 620 |
(4) If after a hearing the court decides to hold the | 621 |
complaint in abeyance, it may place the child under the protective | 622 |
supervision or temporary custody of a public children services | 623 |
agency pursuant to section 2151.33 of the Revised Code and may | 624 |
make any orders regarding placement, services, supervision, | 625 |
diversion actions, and conditions of abeyance that the court | 626 |
considers appropriate and in the best interest of the child. The | 627 |
court may hold the complaint in abeyance for up to ninety days | 628 |
while the child engages in diversion actions. If the child | 629 |
violates the conditions of abeyance or does not complete the | 630 |
diversion actions to the court's satisfaction within ninety days, | 631 |
the court may extend the period of abeyance for not more than two | 632 |
additional ninety-day periods. | 633 |
(5) If the court holds the complaint in abeyance and the | 634 |
child complies with the conditions of abeyance and completes the | 635 |
diversion actions to the court's satisfaction, the court shall | 636 |
dismiss the complaint and order that the records pertaining to the | 637 |
case be expunged immediately. If the child fails to complete the | 638 |
diversion actions to the court's satisfaction, the court shall | 639 |
proceed upon the complaint. | 640 |
Sec. 2307.51. (A) A victim of a violation of section 2905.32 | 641 |
of the Revised Code has and may commence a civil cause of action | 642 |
against the trafficker for damages measured by the monetary | 643 |
benefit received by persons other than the victim as a result of | 644 |
the actions the victim was compelled to perform, regardless of | 645 |
whether the trafficker was prosecuted or convicted for an alleged | 646 |
violation of section 2905.32 of the Revised Code. | 647 |
(B) The cause of action created by this section is in | 648 |
addition to any other cause of action available under statutory or | 649 |
common law. | 650 |
Sec. 2743.60. (A) The attorney general, a court of claims | 651 |
panel of commissioners, or a judge of the court of claims shall | 652 |
not make or order an award of reparations to a claimant if the | 653 |
criminally injurious conduct upon which the claimant bases a claim | 654 |
never was reported to a law enforcement officer or agency. | 655 |
(B)(1) The attorney general, a panel of commissioners, or a | 656 |
judge of the court of claims shall not make or order an award of | 657 |
reparations to a claimant if any of the following apply: | 658 |
(a) The claimant is the offender or an accomplice of the | 659 |
offender who committed the criminally injurious conduct, or the | 660 |
award would unjustly benefit the offender or accomplice. | 661 |
(b) Except as provided in division (B)(2) of this section, | 662 |
both of the following apply: | 663 |
(i) The victim was a passenger in a motor vehicle and knew or | 664 |
reasonably should have known that the driver was under the | 665 |
influence of alcohol, a drug of abuse, or both. | 666 |
(ii) The claimant is seeking compensation for injuries | 667 |
proximately caused by the driver described in division | 668 |
(B)(1)(b)(i) of this section being under the influence of alcohol, | 669 |
a drug of abuse, or both. | 670 |
(c) Both of the following apply: | 671 |
(i) The victim was under the influence of alcohol, a drug of | 672 |
abuse, or both and was a passenger in a motor vehicle and, if | 673 |
sober, should have reasonably known that the driver was under the | 674 |
influence of alcohol, a drug of abuse, or both. | 675 |
(ii) The claimant is seeking compensation for injuries | 676 |
proximately caused by the driver described in division | 677 |
(B)(1)(b)(i) of this section being under the influence of alcohol, | 678 |
a drug of abuse, or both. | 679 |
(2) Division (B)(1)(b) of this section does not apply if on | 680 |
the date of the occurrence of the criminally injurious conduct, | 681 |
the victim was under sixteen years of age or was at least sixteen | 682 |
years of age but less than eighteen years of age and was riding | 683 |
with a parent, guardian, or care-provider. | 684 |
(C) The attorney general, a panel of commissioners, or a | 685 |
judge of the court of claims, upon a finding that the claimant or | 686 |
victim has not fully cooperated with appropriate law enforcement | 687 |
agencies, may deny a claim or reconsider and reduce an award of | 688 |
reparations. | 689 |
(D) The attorney general, a panel of commissioners, or a | 690 |
judge of the court of claims shall reduce an award of reparations | 691 |
or deny a claim for an award of reparations that is otherwise | 692 |
payable to a claimant to the extent that the economic loss upon | 693 |
which the claim is based is recouped from other persons, including | 694 |
collateral sources. If an award is reduced or a claim is denied | 695 |
because of the expected recoupment of all or part of the economic | 696 |
loss of the claimant from a collateral source, the amount of the | 697 |
award or the denial of the claim shall be conditioned upon the | 698 |
claimant's economic loss being recouped by the collateral source. | 699 |
If the award or denial is conditioned upon the recoupment of the | 700 |
claimant's economic loss from a collateral source and it is | 701 |
determined that the claimant did not unreasonably fail to present | 702 |
a timely claim to the collateral source and will not receive all | 703 |
or part of the expected recoupment, the claim may be reopened and | 704 |
an award may be made in an amount equal to the amount of expected | 705 |
recoupment that it is determined the claimant will not receive | 706 |
from the collateral source. | 707 |
If the claimant recoups all or part of the economic loss upon | 708 |
which the claim is based from any other person or entity, | 709 |
including a collateral source, the attorney general may recover | 710 |
pursuant to section 2743.72 of the Revised Code the part of the | 711 |
award that represents the economic loss for which the claimant | 712 |
received the recoupment from the other person or entity. | 713 |
(E)(1) Except as otherwise provided in division (E)(2) of | 714 |
this section, the attorney general, a panel of commissioners, or a | 715 |
judge of the court of claims shall not make an award to a claimant | 716 |
if any of the following applies: | 717 |
(a) The victim was convicted of a felony within ten years | 718 |
prior to the criminally injurious conduct that gave rise to the | 719 |
claim or is convicted of a felony during the pendency of the | 720 |
claim. | 721 |
(b) The claimant was convicted of a felony within ten years | 722 |
prior to the criminally injurious conduct that gave rise to the | 723 |
claim or is convicted of a felony during the pendency of the | 724 |
claim. | 725 |
(c) It is proved by a preponderance of the evidence that the | 726 |
victim or the claimant engaged, within ten years prior to the | 727 |
criminally injurious conduct that gave rise to the claim or during | 728 |
the pendency of the claim, in an offense of violence, a violation | 729 |
of section 2925.03 of the Revised Code, or any substantially | 730 |
similar offense that also would constitute a felony under the laws | 731 |
of this state, another state, or the United States. | 732 |
(d) The claimant was convicted of a violation of section | 733 |
2919.22 or 2919.25 of the Revised Code, or of any state law or | 734 |
municipal ordinance substantially similar to either section, | 735 |
within ten years prior to the criminally injurious conduct that | 736 |
gave rise to the claim or during the pendency of the claim. | 737 |
(e) It is proved by a preponderance of the evidence that the | 738 |
victim at the time of the criminally injurious conduct that gave | 739 |
rise to the claim engaged in conduct that was a felony violation | 740 |
of section 2925.11 of the Revised Code or engaged in any | 741 |
substantially similar conduct that would constitute a felony under | 742 |
the laws of this state, another state, or the United States. | 743 |
(2) The attorney general, a panel of commissioners, or a | 744 |
judge of the court of claims may make an award to a minor | 745 |
dependent of a deceased victim for dependent's economic loss or | 746 |
for counseling pursuant to division (F)(2) of section 2743.51 of | 747 |
the Revised Code if the minor dependent is not ineligible under | 748 |
division (E)(1) of this section due to the minor dependent's | 749 |
criminal history and if the victim was not killed while engaging | 750 |
in illegal conduct that contributed to the criminally injurious | 751 |
conduct that gave rise to the claim. For purposes of this section, | 752 |
the use of illegal drugs by the deceased victim shall not be | 753 |
deemed to have contributed to the criminally injurious conduct | 754 |
that gave rise to the claim. | 755 |
(F) In determining whether to make an award of reparations | 756 |
pursuant to this section, the attorney general or panel of | 757 |
commissioners shall consider whether there was contributory | 758 |
misconduct by the victim or the claimant. The attorney general, a | 759 |
panel of commissioners, or a judge of the court of claims shall | 760 |
reduce an award of reparations or deny a claim for an award of | 761 |
reparations to the extent it is determined to be reasonable | 762 |
because of the contributory misconduct of the claimant or the | 763 |
victim. | 764 |
When the attorney general decides whether a claim should be | 765 |
denied because of an allegation of contributory misconduct, the | 766 |
burden of proof on the issue of that alleged contributory | 767 |
misconduct shall be upon the claimant, if either of the following | 768 |
apply: | 769 |
(1) The victim was convicted of a felony more than ten years | 770 |
prior to the criminally injurious conduct that is the subject of | 771 |
the claim or has a record of felony arrests under the laws of this | 772 |
state, another state, or the United States. | 773 |
(2) There is good cause to believe that the victim engaged in | 774 |
an ongoing course of criminal conduct within five years or less of | 775 |
the criminally injurious conduct that is the subject of the claim. | 776 |
(G) The attorney general, a panel of commissioners, or a | 777 |
judge of the court of claims shall not make an award of | 778 |
reparations to a claimant if the criminally injurious conduct that | 779 |
caused the injury or death that is the subject of the claim | 780 |
occurred to a victim who was an adult and while the victim, after | 781 |
being convicted of or pleading guilty to an offense, was serving a | 782 |
sentence of imprisonment in any detention facility, as defined in | 783 |
section 2921.01 of the Revised Code. | 784 |
(H) If a claimant unreasonably fails to present a claim | 785 |
timely to a source of benefits or advantages that would have been | 786 |
a collateral source and that would have reimbursed the claimant | 787 |
for all or a portion of a particular expense, the attorney | 788 |
general, a panel of commissioners, or a judge of the court of | 789 |
claims may reduce an award of reparations or deny a claim for an | 790 |
award of reparations to the extent that it is reasonable to do so. | 791 |
(I) Reparations payable to a victim and to all other | 792 |
claimants sustaining economic loss because of injury to or the | 793 |
death of that victim shall not exceed fifty thousand dollars in | 794 |
the aggregate. If the attorney general, a panel of commissioners, | 795 |
or a judge of the court of claims reduces an award under division | 796 |
(F) of this section, the maximum aggregate amount of reparations | 797 |
payable under this division shall be reduced proportionately to | 798 |
the reduction under division (F) of this section. | 799 |
(J) Nothing in this section shall be construed to prohibit an | 800 |
award to a claimant whose claim is based on the claimant's being a | 801 |
victim of a violation of section 2905.32 of the Revised Code if | 802 |
the claimant was less than eighteen years of age when the | 803 |
criminally injurious conduct occurred. | 804 |
Sec. 2905.32. (A) No person shall knowingly recruit, solicit, | 805 |
lure, entice, isolate, harbor, transport, provide, obtain, or | 806 |
maintain, or knowingly attempt to recruit, solicit, lure, entice, | 807 |
isolate, harbor, transport, provide, obtain, or maintain, another | 808 |
person knowing that the person will be subjected to involuntary | 809 |
servitude or be compelled to engage in sexual activity for hire, | 810 |
engage in a performance that is obscene, sexually oriented, or | 811 |
nudity oriented, or be a model or participant in the production of | 812 |
material that is obscene, sexually oriented, or nudity oriented. | 813 |
(B) For a prosecution under this section, the element | 814 |
"compelled" does not require that the compulsion be openly | 815 |
displayed or physically exerted. The element "compelled" has been | 816 |
established if the state proves that the victim's will was | 817 |
overcome by force, fear, duress, or intimidation. | 818 |
(C) | 819 |
820 | |
821 | |
822 |
| 823 |
preclude a prosecution of a violation of any other section of the | 824 |
Revised Code. One or more acts, a series of acts, or a course of | 825 |
behavior that can be prosecuted under this section or any other | 826 |
section of the Revised Code may be prosecuted under this section, | 827 |
the other section of the Revised Code, or both sections. | 828 |
829 | |
830 | |
831 | |
832 | |
833 | |
834 |
| 835 |
in persons, a felony of the | 836 |
division (A)(1) of section 2929.14 of the Revised Code, the court | 837 |
shall sentence the offender to a definite prison term of ten, | 838 |
eleven, twelve, thirteen, fourteen, or fifteen years. | 839 |
Sec. 2907.04. (A)(1) No person who is eighteen years of age | 840 |
or older shall engage in sexual conduct with another, who is not | 841 |
the spouse of the offender, when the offender knows the other | 842 |
person is thirteen years of age or older but less than sixteen | 843 |
years of age, or the offender is reckless in that regard. | 844 |
(2) No person shall engage in sexual conduct for hire with | 845 |
another, who is not the spouse of the offender, when the other | 846 |
person is thirteen years of age or older but less than sixteen | 847 |
years of age, regardless of whether the offender knows the other | 848 |
person's age. | 849 |
(3) No person shall engage in sexual conduct for hire with | 850 |
another, who is not the spouse of the offender, when the other | 851 |
person is sixteen or seventeen years of age, regardless of whether | 852 |
the offender knows the other person's age. | 853 |
(B) Whoever violates this section is guilty of unlawful | 854 |
sexual conduct with a minor. | 855 |
(1) Except as otherwise provided in divisions (B)(2), (3), | 856 |
and (4) of this section, unlawful sexual conduct with a minor in | 857 |
violation of division (A)(1) of this section is a felony of the | 858 |
fourth degree. | 859 |
(2) Except as otherwise provided in division (B)(4) of this | 860 |
section, if the offender is less than four years older than the | 861 |
other person, unlawful sexual conduct with a minor in violation of | 862 |
division (A)(1) of this section is a misdemeanor of the first | 863 |
degree. | 864 |
(3) Except as otherwise provided in division (B)(4) of this | 865 |
section, if the offender is ten or more years older than the other | 866 |
person, unlawful sexual conduct with a minor in violation of | 867 |
division (A)(1) of this section is a felony of the third degree. | 868 |
(4) If the offender previously has been convicted of or | 869 |
pleaded guilty to a violation of section 2907.02, 2907.03, or | 870 |
2907.04 of the Revised Code or a violation of former section | 871 |
2907.12 of the Revised Code, unlawful sexual conduct with a minor | 872 |
in violation of division (A)(1) of this section is a felony of the | 873 |
second degree. | 874 |
(5) Unlawful sexual conduct with a minor in violation of | 875 |
division (A)(2) of this section is a felony of the second degree. | 876 |
(6) Unlawful sexual conduct with a minor in violation of | 877 |
division (A)(3) of this section is a felony of the third degree. | 878 |
Sec. 2921.32. (A) No person, with purpose to hinder the | 879 |
discovery, apprehension, prosecution, conviction, or punishment of | 880 |
another for crime or to assist another to benefit from the | 881 |
commission of a crime, and no person, with purpose to hinder the | 882 |
discovery, apprehension, prosecution, adjudication as a delinquent | 883 |
child, or disposition of a child for an act that if committed by | 884 |
an adult would be a crime or to assist a child to benefit from the | 885 |
commission of an act that if committed by an adult would be a | 886 |
crime, shall do any of the following: | 887 |
(1) Harbor or conceal the other person or child; | 888 |
(2) Provide the other person or child with money, | 889 |
transportation, a weapon, a disguise, or other means of avoiding | 890 |
discovery or apprehension; | 891 |
(3) Warn the other person or child of impending discovery or | 892 |
apprehension; | 893 |
(4) Destroy or conceal physical evidence of the crime or act, | 894 |
or induce any person to withhold testimony or information or to | 895 |
elude legal process summoning the person to testify or supply | 896 |
evidence; | 897 |
(5) Communicate false information to any person; | 898 |
(6) Prevent or obstruct any person, by means of force, | 899 |
intimidation, or deception, from performing any act to aid in the | 900 |
discovery, apprehension, or prosecution of the other person or | 901 |
child. | 902 |
(B) A person may be prosecuted for, and may be convicted of | 903 |
or adjudicated a delinquent child for committing, a violation of | 904 |
division (A) of this section regardless of whether the person or | 905 |
child aided ultimately is apprehended for, is charged with, is | 906 |
convicted of, pleads guilty to, or is adjudicated a delinquent | 907 |
child for committing the crime or act the person or child aided | 908 |
committed. The crime or act the person or child aided committed | 909 |
shall be used under division (C) of this section in determining | 910 |
the penalty for the violation of division (A) of this section, | 911 |
regardless of whether the person or child aided ultimately is | 912 |
apprehended for, is charged with, is convicted of, pleads guilty | 913 |
to, or is adjudicated a delinquent child for committing the crime | 914 |
or act the person or child aided committed. | 915 |
(C)(1) Whoever violates this section is guilty of obstructing | 916 |
justice. | 917 |
(2) If the crime committed by the person aided is a | 918 |
misdemeanor or if the act committed by the child aided would be a | 919 |
misdemeanor if committed by an adult, obstructing justice is a | 920 |
misdemeanor of the same degree as the crime committed by the | 921 |
person aided or a misdemeanor of the same degree that the act | 922 |
committed by the child aided would be if committed by an adult. | 923 |
(3) Except as otherwise provided in divisions (C)(4) and (5) | 924 |
of this section, if the crime committed by the person aided is a | 925 |
felony or if the act committed by the child aided would be a | 926 |
felony if committed by an adult, obstructing justice is a felony | 927 |
of the fifth degree. | 928 |
(4) If the crime committed by the person aided is aggravated | 929 |
murder, murder, or a felony of the first or second degree or if | 930 |
the act committed by the child aided would be one of those | 931 |
offenses if committed by an adult and if the offender knows or has | 932 |
reason to believe that the crime committed by the person aided is | 933 |
one of those offenses or that the act committed by the child aided | 934 |
would be one of those offenses if committed by an adult, | 935 |
obstructing justice is a felony of the | 936 |
(5) If the crime or act committed by the person or child | 937 |
aided is an act of terrorism, obstructing justice is one of the | 938 |
following: | 939 |
(a) Except as provided in division (C)(5)(b) of this section, | 940 |
a felony of the second degree; | 941 |
(b) If the act of terrorism resulted in the death of a person | 942 |
who was not a participant in the act of terrorism, a felony of the | 943 |
first degree. | 944 |
(D) As used in this section: | 945 |
(1) "Adult" and "child" have the same meanings as in section | 946 |
2151.011 of the Revised Code. | 947 |
(2) "Delinquent child" has the same meaning as in section | 948 |
2152.02 of the Revised Code. | 949 |
(3) "Act of terrorism" has the same meaning as in section | 950 |
2909.21 of the Revised Code. | 951 |
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the | 952 |
Revised Code: | 953 |
(A) "Beneficial interest" means any of the following: | 954 |
(1) The interest of a person as a beneficiary under a trust | 955 |
in which the trustee holds title to personal or real property; | 956 |
(2) The interest of a person as a beneficiary under any other | 957 |
trust arrangement under which any other person holds title to | 958 |
personal or real property for the benefit of such person; | 959 |
(3) The interest of a person under any other form of express | 960 |
fiduciary arrangement under which any other person holds title to | 961 |
personal or real property for the benefit of such person. | 962 |
"Beneficial interest" does not include the interest of a | 963 |
stockholder in a corporation or the interest of a partner in | 964 |
either a general or limited partnership. | 965 |
(B) "Costs of investigation and prosecution" and "costs of | 966 |
investigation and litigation" mean all of the costs incurred by | 967 |
the state or a county or municipal corporation under sections | 968 |
2923.31 to 2923.36 of the Revised Code in the prosecution and | 969 |
investigation of any criminal action or in the litigation and | 970 |
investigation of any civil action, and includes, but is not | 971 |
limited to, the costs of resources and personnel. | 972 |
(C) "Enterprise" includes any individual, sole | 973 |
proprietorship, partnership, limited partnership, corporation, | 974 |
trust, union, government agency, or other legal entity, or any | 975 |
organization, association, or group of persons associated in fact | 976 |
although not a legal entity. "Enterprise" includes illicit as well | 977 |
as licit enterprises. | 978 |
(D) "Innocent person" includes any bona fide purchaser of | 979 |
property that is allegedly involved in a violation of section | 980 |
2923.32 of the Revised Code, including any person who establishes | 981 |
a valid claim to or interest in the property in accordance with | 982 |
division (E) of section 2981.04 of the Revised Code, and any | 983 |
victim of an alleged violation of that section or of any | 984 |
underlying offense involved in an alleged violation of that | 985 |
section. | 986 |
(E) "Pattern of corrupt activity" means two or more incidents | 987 |
of corrupt activity, whether or not there has been a prior | 988 |
conviction, that are related to the affairs of the same | 989 |
enterprise, are not isolated, and are not so closely related to | 990 |
each other and connected in time and place that they constitute a | 991 |
single event. | 992 |
At least one of the incidents forming the pattern shall occur | 993 |
on or after January 1, 1986. Unless any incident was an aggravated | 994 |
murder or murder, the last of the incidents forming the pattern | 995 |
shall occur within six years after the commission of any prior | 996 |
incident forming the pattern, excluding any period of imprisonment | 997 |
served by any person engaging in the corrupt activity. | 998 |
For the purposes of the criminal penalties that may be | 999 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 1000 |
one of the incidents forming the pattern shall constitute a felony | 1001 |
under the laws of this state in existence at the time it was | 1002 |
committed or, if committed in violation of the laws of the United | 1003 |
States or of any other state, shall constitute a felony under the | 1004 |
law of the United States or the other state and would be a | 1005 |
criminal offense under the law of this state if committed in this | 1006 |
state. | 1007 |
(F) "Pecuniary value" means money, a negotiable instrument, a | 1008 |
commercial interest, or anything of value, as defined in section | 1009 |
1.03 of the Revised Code, or any other property or service that | 1010 |
has a value in excess of one hundred dollars. | 1011 |
(G) "Person" means any person, as defined in section 1.59 of | 1012 |
the Revised Code, and any governmental officer, employee, or | 1013 |
entity. | 1014 |
(H) "Personal property" means any personal property, any | 1015 |
interest in personal property, or any right, including, but not | 1016 |
limited to, bank accounts, debts, corporate stocks, patents, or | 1017 |
copyrights. Personal property and any beneficial interest in | 1018 |
personal property are deemed to be located where the trustee of | 1019 |
the property, the personal property, or the instrument evidencing | 1020 |
the right is located. | 1021 |
(I) "Corrupt activity" means engaging in, attempting to | 1022 |
engage in, conspiring to engage in, or soliciting, coercing, or | 1023 |
intimidating another person to engage in any of the following: | 1024 |
(1) Conduct defined as "racketeering activity" under the | 1025 |
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C. | 1026 |
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended; | 1027 |
(2) Conduct constituting any of the following: | 1028 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 1029 |
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 1030 |
2905.11, 2905.22, 2905.32, 2907.321, 2907.322, 2907.323, 2909.02, | 1031 |
2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, | 1032 |
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, | 1033 |
2913.05, 2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, | 1034 |
2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division | 1035 |
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2) | 1036 |
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of | 1037 |
section 1707.44; division (A)(1) or (2) of section 2923.20; | 1038 |
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or | 1039 |
4719.06; division (C), (D), or (E) of section 4719.07; section | 1040 |
4719.08; or division (A) of section 4719.09 of the Revised Code. | 1041 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 1042 |
3769.19 of the Revised Code as it existed prior to July 1, 1996, | 1043 |
any violation of section 2915.02 of the Revised Code that occurs | 1044 |
on or after July 1, 1996, and that, had it occurred prior to that | 1045 |
date, would have been a violation of section 3769.11 of the | 1046 |
Revised Code as it existed prior to that date, or any violation of | 1047 |
section 2915.05 of the Revised Code that occurs on or after July | 1048 |
1, 1996, and that, had it occurred prior to that date, would have | 1049 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 1050 |
Revised Code as it existed prior to that date. | 1051 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 1052 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 1053 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 1054 |
of the Revised Code, any violation of section 2925.11 of the | 1055 |
Revised Code that is a felony of the first, second, third, or | 1056 |
fourth degree and that occurs on or after July 1, 1996, any | 1057 |
violation of section 2915.02 of the Revised Code that occurred | 1058 |
prior to July 1, 1996, any violation of section 2915.02 of the | 1059 |
Revised Code that occurs on or after July 1, 1996, and that, had | 1060 |
it occurred prior to that date, would not have been a violation of | 1061 |
section 3769.11 of the Revised Code as it existed prior to that | 1062 |
date, any violation of section 2915.06 of the Revised Code as it | 1063 |
existed prior to July 1, 1996, or any violation of division (B) of | 1064 |
section 2915.05 of the Revised Code as it exists on and after July | 1065 |
1, 1996, when the proceeds of the violation, the payments made in | 1066 |
the violation, the amount of a claim for payment or for any other | 1067 |
benefit that is false or deceptive and that is involved in the | 1068 |
violation, or the value of the contraband or other property | 1069 |
illegally possessed, sold, or purchased in the violation exceeds | 1070 |
one thousand dollars, or any combination of violations described | 1071 |
in division (I)(2)(c) of this section when the total proceeds of | 1072 |
the combination of violations, payments made in the combination of | 1073 |
violations, amount of the claims for payment or for other benefits | 1074 |
that is false or deceptive and that is involved in the combination | 1075 |
of violations, or value of the contraband or other property | 1076 |
illegally possessed, sold, or purchased in the combination of | 1077 |
violations exceeds one thousand dollars; | 1078 |
(d) Any violation of section 5743.112 of the Revised Code | 1079 |
when the amount of unpaid tax exceeds one hundred dollars; | 1080 |
(e) Any violation or combination of violations of section | 1081 |
2907.32 of the Revised Code involving any material or performance | 1082 |
containing a display of bestiality or of sexual conduct, as | 1083 |
defined in section 2907.01 of the Revised Code, that is explicit | 1084 |
and depicted with clearly visible penetration of the genitals or | 1085 |
clearly visible penetration by the penis of any orifice when the | 1086 |
total proceeds of the violation or combination of violations, the | 1087 |
payments made in the violation or combination of violations, or | 1088 |
the value of the contraband or other property illegally possessed, | 1089 |
sold, or purchased in the violation or combination of violations | 1090 |
exceeds one thousand dollars; | 1091 |
(f) Any combination of violations described in division | 1092 |
(I)(2)(c) of this section and violations of section 2907.32 of the | 1093 |
Revised Code involving any material or performance containing a | 1094 |
display of bestiality or of sexual conduct, as defined in section | 1095 |
2907.01 of the Revised Code, that is explicit and depicted with | 1096 |
clearly visible penetration of the genitals or clearly visible | 1097 |
penetration by the penis of any orifice when the total proceeds of | 1098 |
the combination of violations, payments made in the combination of | 1099 |
violations, amount of the claims for payment or for other benefits | 1100 |
that is false or deceptive and that is involved in the combination | 1101 |
of violations, or value of the contraband or other property | 1102 |
illegally possessed, sold, or purchased in the combination of | 1103 |
violations exceeds one thousand dollars; | 1104 |
| 1105 |
1106 | |
1107 | |
1108 | |
1109 |
(3) Conduct constituting a violation of any law of any state | 1110 |
other than this state that is substantially similar to the conduct | 1111 |
described in division (I)(2) of this section, provided the | 1112 |
defendant was convicted of the conduct in a criminal proceeding in | 1113 |
the other state; | 1114 |
(4) Animal or ecological terrorism; | 1115 |
(5)(a) Conduct constituting any of the following: | 1116 |
(i) Organized retail theft; | 1117 |
(ii) Conduct that constitutes one or more violations of any | 1118 |
law of any state other than this state, that is substantially | 1119 |
similar to organized retail theft, and that if committed in this | 1120 |
state would be organized retail theft, if the defendant was | 1121 |
convicted of or pleaded guilty to the conduct in a criminal | 1122 |
proceeding in the other state. | 1123 |
(b) By enacting division (I)(5)(a) of this section, it is the | 1124 |
intent of the general assembly to add organized retail theft and | 1125 |
the conduct described in division (I)(5)(a)(ii) of this section as | 1126 |
conduct constituting corrupt activity. The enactment of division | 1127 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 1128 |
of this section of organized retail theft and the conduct | 1129 |
described in division (I)(5)(a)(ii) of this section as conduct | 1130 |
constituting corrupt activity does not limit or preclude, and | 1131 |
shall not be construed as limiting or precluding, any prosecution | 1132 |
for a violation of section 2923.32 of the Revised Code that is | 1133 |
based on one or more violations of section 2913.02 or 2913.51 of | 1134 |
the Revised Code, one or more similar offenses under the laws of | 1135 |
this state or any other state, or any combination of any of those | 1136 |
violations or similar offenses, even though the conduct | 1137 |
constituting the basis for those violations or offenses could be | 1138 |
construed as also constituting organized retail theft or conduct | 1139 |
of the type described in division (I)(5)(a)(ii) of this section. | 1140 |
(J) "Real property" means any real property or any interest | 1141 |
in real property, including, but not limited to, any lease of, or | 1142 |
mortgage upon, real property. Real property and any beneficial | 1143 |
interest in it is deemed to be located where the real property is | 1144 |
located. | 1145 |
(K) "Trustee" means any of the following: | 1146 |
(1) Any person acting as trustee under a trust in which the | 1147 |
trustee holds title to personal or real property; | 1148 |
(2) Any person who holds title to personal or real property | 1149 |
for which any other person has a beneficial interest; | 1150 |
(3) Any successor trustee. | 1151 |
"Trustee" does not include an assignee or trustee for an | 1152 |
insolvent debtor or an executor, administrator, administrator with | 1153 |
the will annexed, testamentary trustee, guardian, or committee, | 1154 |
appointed by, under the control of, or accountable to a court. | 1155 |
(L) "Unlawful debt" means any money or other thing of value | 1156 |
constituting principal or interest of a debt that is legally | 1157 |
unenforceable in this state in whole or in part because the debt | 1158 |
was incurred or contracted in violation of any federal or state | 1159 |
law relating to the business of gambling activity or relating to | 1160 |
the business of lending money at an usurious rate unless the | 1161 |
creditor proves, by a preponderance of the evidence, that the | 1162 |
usurious rate was not intentionally set and that it resulted from | 1163 |
a good faith error by the creditor, notwithstanding the | 1164 |
maintenance of procedures that were adopted by the creditor to | 1165 |
avoid an error of that nature. | 1166 |
(M) "Animal activity" means any activity that involves the | 1167 |
use of animals or animal parts, including, but not limited to, | 1168 |
hunting, fishing, trapping, traveling, camping, the production, | 1169 |
preparation, or processing of food or food products, clothing or | 1170 |
garment manufacturing, medical research, other research, | 1171 |
entertainment, recreation, agriculture, biotechnology, or service | 1172 |
activity that involves the use of animals or animal parts. | 1173 |
(N) "Animal facility" means a vehicle, building, structure, | 1174 |
nature preserve, or other premises in which an animal is lawfully | 1175 |
kept, handled, housed, exhibited, bred, or offered for sale, | 1176 |
including, but not limited to, a zoo, rodeo, circus, amusement | 1177 |
park, hunting preserve, or premises in which a horse or dog event | 1178 |
is held. | 1179 |
(O) "Animal or ecological terrorism" means the commission of | 1180 |
any felony that involves causing or creating a substantial risk of | 1181 |
physical harm to any property of another, the use of a deadly | 1182 |
weapon or dangerous ordnance, or purposely, knowingly, or | 1183 |
recklessly causing serious physical harm to property and that | 1184 |
involves an intent to obstruct, impede, or deter any person from | 1185 |
participating in a lawful animal activity, from mining, foresting, | 1186 |
harvesting, gathering, or processing natural resources, or from | 1187 |
being lawfully present in or on an animal facility or research | 1188 |
facility. | 1189 |
(P) "Research facility" means a place, laboratory, | 1190 |
institution, medical care facility, government facility, or public | 1191 |
or private educational institution in which a scientific test, | 1192 |
experiment, or investigation involving the use of animals or other | 1193 |
living organisms is lawfully carried out, conducted, or attempted. | 1194 |
(Q) "Organized retail theft" means the theft of retail | 1195 |
property with a retail value of one thousand dollars or more from | 1196 |
one or more retail establishments with the intent to sell, | 1197 |
deliver, or transfer that property to a retail property fence. | 1198 |
(R) "Retail property" means any tangible personal property | 1199 |
displayed, held, stored, or offered for sale in or by a retail | 1200 |
establishment. | 1201 |
(S) "Retail property fence" means a person who possesses, | 1202 |
procures, receives, or conceals retail property that was | 1203 |
represented to the person as being stolen or that the person knows | 1204 |
or believes to be stolen. | 1205 |
(T) "Retail value" means the full retail value of the retail | 1206 |
property. In determining whether the retail value of retail | 1207 |
property equals or exceeds one thousand dollars, the value of all | 1208 |
retail property stolen from the retail establishment or retail | 1209 |
establishments by the same person or persons within any | 1210 |
one-hundred-eighty-day period shall be aggregated. | 1211 |
Sec. 2929.13. (A) Except as provided in division (E), (F), | 1212 |
or (G) of this section and unless a specific sanction is required | 1213 |
to be imposed or is precluded from being imposed pursuant to law, | 1214 |
a court that imposes a sentence upon an offender for a felony may | 1215 |
impose any sanction or combination of sanctions on the offender | 1216 |
that are provided in sections 2929.14 to 2929.18 of the Revised | 1217 |
Code. | 1218 |
If the offender is eligible to be sentenced to community | 1219 |
control sanctions, the court shall consider the appropriateness of | 1220 |
imposing a financial sanction pursuant to section 2929.18 of the | 1221 |
Revised Code or a sanction of community service pursuant to | 1222 |
section 2929.17 of the Revised Code as the sole sanction for the | 1223 |
offense. Except as otherwise provided in this division, if the | 1224 |
court is required to impose a mandatory prison term for the | 1225 |
offense for which sentence is being imposed, the court also shall | 1226 |
impose any financial sanction pursuant to section 2929.18 of the | 1227 |
Revised Code that is required for the offense and may impose any | 1228 |
other financial sanction pursuant to that section but may not | 1229 |
impose any additional sanction or combination of sanctions under | 1230 |
section 2929.16 or 2929.17 of the Revised Code. | 1231 |
If the offender is being sentenced for a fourth degree felony | 1232 |
OVI offense or for a third degree felony OVI offense, in addition | 1233 |
to the mandatory term of local incarceration or the mandatory | 1234 |
prison term required for the offense by division (G)(1) or (2) of | 1235 |
this section, the court shall impose upon the offender a mandatory | 1236 |
fine in accordance with division (B)(3) of section 2929.18 of the | 1237 |
Revised Code and may impose whichever of the following is | 1238 |
applicable: | 1239 |
(1) For a fourth degree felony OVI offense for which sentence | 1240 |
is imposed under division (G)(1) of this section, an additional | 1241 |
community control sanction or combination of community control | 1242 |
sanctions under section 2929.16 or 2929.17 of the Revised Code. If | 1243 |
the court imposes upon the offender a community control sanction | 1244 |
and the offender violates any condition of the community control | 1245 |
sanction, the court may take any action prescribed in division (B) | 1246 |
of section 2929.15 of the Revised Code relative to the offender, | 1247 |
including imposing a prison term on the offender pursuant to that | 1248 |
division. | 1249 |
(2) For a third or fourth degree felony OVI offense for which | 1250 |
sentence is imposed under division (G)(2) of this section, an | 1251 |
additional prison term as described in division (B)(4) of section | 1252 |
2929.14 of the Revised Code or a community control sanction as | 1253 |
described in division (G)(2) of this section. | 1254 |
(B)(1)(a) Except as provided in division (B)(1)(b) of this | 1255 |
section, if an offender is convicted of or pleads guilty to a | 1256 |
felony of the fourth or fifth degree that is not an offense of | 1257 |
violence, the court shall sentence the offender to a community | 1258 |
control sanction of at least one year's duration if all of the | 1259 |
following apply: | 1260 |
(i) The offender previously has not been convicted of or | 1261 |
pleaded guilty to a felony offense or to an offense of violence | 1262 |
that is a misdemeanor and that the offender committed within two | 1263 |
years prior to the offense for which sentence is being imposed. | 1264 |
(ii) The most serious charge against the offender at the time | 1265 |
of sentencing is a felony of the fourth or fifth degree. | 1266 |
(iii) If the court made a request of the department of | 1267 |
rehabilitation and correction pursuant to division (B)(1)(c) of | 1268 |
this section, the department, within the forty-five-day period | 1269 |
specified in that division, provided the court with the names of, | 1270 |
contact information for, and program details of one or more | 1271 |
community control sanctions of at least one year's duration that | 1272 |
are available for persons sentenced by the court. | 1273 |
(b) The court has discretion to impose a prison term upon an | 1274 |
offender who is convicted of or pleads guilty to a felony of the | 1275 |
fourth or fifth degree that is not an offense of violence if any | 1276 |
of the following apply: | 1277 |
(i) The offender committed the offense while having a firearm | 1278 |
on or about the offender's person or under the offender's control. | 1279 |
(ii) The offender caused physical harm to another person | 1280 |
while committing the offense. | 1281 |
(iii) The offender violated a term of the conditions of bond | 1282 |
as set by the court. | 1283 |
(iv) The court made a request of the department of | 1284 |
rehabilitation and correction pursuant to division (B)(1)(c) of | 1285 |
this section, and the department, within the forty-five-day period | 1286 |
specified in that division, did not provide the court with the | 1287 |
name of, contact information for, and program details of any | 1288 |
community control sanction of at least one year's duration that is | 1289 |
available for persons sentenced by the court. | 1290 |
(c) If a court that is sentencing an offender who is | 1291 |
convicted of or pleads guilty to a felony of the fourth or fifth | 1292 |
degree that is not an offense of violence believes that no | 1293 |
community control sanctions are available for its use that, if | 1294 |
imposed on the offender, will adequately fulfill the overriding | 1295 |
principles and purposes of sentencing, the court shall contact the | 1296 |
department of rehabilitation and correction and ask the department | 1297 |
to provide the court with the names of, contact information for, | 1298 |
and program details of one or more community control sanctions of | 1299 |
at least one year's duration that are available for persons | 1300 |
sentenced by the court. Not later than forty-five days after | 1301 |
receipt of a request from a court under this division, the | 1302 |
department shall provide the court with the names of, contact | 1303 |
information for, and program details of one or more community | 1304 |
control sanctions of at least one year's duration that are | 1305 |
available for persons sentenced by the court, if any. Upon making | 1306 |
a request under this division that relates to a particular | 1307 |
offender, a court shall defer sentencing of that offender until it | 1308 |
receives from the department the names of, contact information | 1309 |
for, and program details of one or more community control | 1310 |
sanctions of at least one year's duration that are available for | 1311 |
persons sentenced by the court or for forty-five days, whichever | 1312 |
is the earlier. | 1313 |
If the department provides the court with the names of, | 1314 |
contact information for, and program details of one or more | 1315 |
community control sanctions of at least one year's duration that | 1316 |
are available for persons sentenced by the court within the | 1317 |
forty-five-day period specified in this division, the court shall | 1318 |
impose upon the offender a community control sanction under | 1319 |
division (B)(1)(a) of this section, subject to divisions | 1320 |
(B)(1)(b)(i) and (ii) of this section. If the department does not | 1321 |
provide the court with the names of, contact information for, and | 1322 |
program details of one or more community control sanctions of at | 1323 |
least one year's duration that are available for persons sentenced | 1324 |
by the court within the forty-five-day period specified in this | 1325 |
division, the court may impose upon the offender a prison term | 1326 |
under division (B)(1)(b)(iii) of this section. | 1327 |
(d) A sentencing court may impose an additional penalty under | 1328 |
division (B) of section 2929.15 of the Revised Code upon an | 1329 |
offender sentenced to a community control sanction under division | 1330 |
(B)(1)(a) of this section if the offender violates the conditions | 1331 |
of the community control sanction, violates a law, or leaves the | 1332 |
state without the permission of the court or the offender's | 1333 |
probation officer. | 1334 |
(2) If division (B)(1) of this section does not apply, except | 1335 |
as provided in division (B)(3), (E), (F), or (G) of this section, | 1336 |
in sentencing an offender for a felony of the fourth or fifth | 1337 |
degree, the sentencing court shall determine whether any of the | 1338 |
following apply: | 1339 |
(a) In committing the offense, the offender caused physical | 1340 |
harm to a person. | 1341 |
(b) In committing the offense, the offender attempted to | 1342 |
cause or made an actual threat of physical harm to a person with a | 1343 |
deadly weapon. | 1344 |
(c) In committing the offense, the offender attempted to | 1345 |
cause or made an actual threat of physical harm to a person, and | 1346 |
the offender previously was convicted of an offense that caused | 1347 |
physical harm to a person. | 1348 |
(d) The offender held a public office or position of trust | 1349 |
and the offense related to that office or position; the offender's | 1350 |
position obliged the offender to prevent the offense or to bring | 1351 |
those committing it to justice; or the offender's professional | 1352 |
reputation or position facilitated the offense or was likely to | 1353 |
influence the future conduct of others. | 1354 |
(e) The offender committed the offense for hire or as part of | 1355 |
an organized criminal activity. | 1356 |
(f) The offense is a sex offense that is a fourth or fifth | 1357 |
degree felony violation of section 2907.03, 2907.04, 2907.05, | 1358 |
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the | 1359 |
Revised Code. | 1360 |
(g) The offender at the time of the offense was serving, or | 1361 |
the offender previously had served, a prison term. | 1362 |
(h) The offender committed the offense while under a | 1363 |
community control sanction, while on probation, or while released | 1364 |
from custody on a bond or personal recognizance. | 1365 |
(i) The offender committed the offense while in possession of | 1366 |
a firearm. | 1367 |
(3)(a) If the court makes a finding described in division | 1368 |
(B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this | 1369 |
section and if the court, after considering the factors set forth | 1370 |
in section 2929.12 of the Revised Code, finds that a prison term | 1371 |
is consistent with the purposes and principles of sentencing set | 1372 |
forth in section 2929.11 of the Revised Code and finds that the | 1373 |
offender is not amenable to an available community control | 1374 |
sanction, the court shall impose a prison term upon the offender. | 1375 |
(b) Except as provided in division (E), (F), or (G) of this | 1376 |
section, if the court does not make a finding described in | 1377 |
division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of | 1378 |
this section and if the court, after considering the factors set | 1379 |
forth in section 2929.12 of the Revised Code, finds that a | 1380 |
community control sanction or combination of community control | 1381 |
sanctions is consistent with the purposes and principles of | 1382 |
sentencing set forth in section 2929.11 of the Revised Code, the | 1383 |
court shall impose a community control sanction or combination of | 1384 |
community control sanctions upon the offender. | 1385 |
(C) Except as provided in division (D), (E), (F), or (G) of | 1386 |
this section, in determining whether to impose a prison term as a | 1387 |
sanction for a felony of the third degree or a felony drug offense | 1388 |
that is a violation of a provision of Chapter 2925. of the Revised | 1389 |
Code and that is specified as being subject to this division for | 1390 |
purposes of sentencing, the sentencing court shall comply with the | 1391 |
purposes and principles of sentencing under section 2929.11 of the | 1392 |
Revised Code and with section 2929.12 of the Revised Code. | 1393 |
(D)(1) Except as provided in division (E) or (F) of this | 1394 |
section, for a felony of the first or second degree, for a felony | 1395 |
drug offense that is a violation of any provision of Chapter | 1396 |
2925., 3719., or 4729. of the Revised Code for which a presumption | 1397 |
in favor of a prison term is specified as being applicable, and | 1398 |
for a violation of division (A)(4) or (B) of section 2907.05 of | 1399 |
the Revised Code for which a presumption in favor of a prison term | 1400 |
is specified as being applicable, it is presumed that a prison | 1401 |
term is necessary in order to comply with the purposes and | 1402 |
principles of sentencing under section 2929.11 of the Revised | 1403 |
Code. Division (D)(2) of this section does not apply to a | 1404 |
presumption established under this division for a violation of | 1405 |
division (A)(4) of section 2907.05 of the Revised Code. | 1406 |
(2) Notwithstanding the presumption established under | 1407 |
division (D)(1) of this section for the offenses listed in that | 1408 |
division other than a violation of division (A)(4) or (B) of | 1409 |
section 2907.05 of the Revised Code, the sentencing court may | 1410 |
impose a community control sanction or a combination of community | 1411 |
control sanctions instead of a prison term on an offender for a | 1412 |
felony of the first or second degree or for a felony drug offense | 1413 |
that is a violation of any provision of Chapter 2925., 3719., or | 1414 |
4729. of the Revised Code for which a presumption in favor of a | 1415 |
prison term is specified as being applicable if it makes both of | 1416 |
the following findings: | 1417 |
(a) A community control sanction or a combination of | 1418 |
community control sanctions would adequately punish the offender | 1419 |
and protect the public from future crime, because the applicable | 1420 |
factors under section 2929.12 of the Revised Code indicating a | 1421 |
lesser likelihood of recidivism outweigh the applicable factors | 1422 |
under that section indicating a greater likelihood of recidivism. | 1423 |
(b) A community control sanction or a combination of | 1424 |
community control sanctions would not demean the seriousness of | 1425 |
the offense, because one or more factors under section 2929.12 of | 1426 |
the Revised Code that indicate that the offender's conduct was | 1427 |
less serious than conduct normally constituting the offense are | 1428 |
applicable, and they outweigh the applicable factors under that | 1429 |
section that indicate that the offender's conduct was more serious | 1430 |
than conduct normally constituting the offense. | 1431 |
(E)(1) Except as provided in division (F) of this section, | 1432 |
for any drug offense that is a violation of any provision of | 1433 |
Chapter 2925. of the Revised Code and that is a felony of the | 1434 |
third, fourth, or fifth degree, the applicability of a presumption | 1435 |
under division (D) of this section in favor of a prison term or of | 1436 |
division (B) or (C) of this section in determining whether to | 1437 |
impose a prison term for the offense shall be determined as | 1438 |
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 1439 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the | 1440 |
Revised Code, whichever is applicable regarding the violation. | 1441 |
(2) If an offender who was convicted of or pleaded guilty to | 1442 |
a felony violates the conditions of a community control sanction | 1443 |
imposed for the offense solely by reason of producing positive | 1444 |
results on a drug test, the court, as punishment for the violation | 1445 |
of the sanction, shall not order that the offender be imprisoned | 1446 |
unless the court determines on the record either of the following: | 1447 |
(a) The offender had been ordered as a sanction for the | 1448 |
felony to participate in a drug treatment program, in a drug | 1449 |
education program, or in narcotics anonymous or a similar program, | 1450 |
and the offender continued to use illegal drugs after a reasonable | 1451 |
period of participation in the program. | 1452 |
(b) The imprisonment of the offender for the violation is | 1453 |
consistent with the purposes and principles of sentencing set | 1454 |
forth in section 2929.11 of the Revised Code. | 1455 |
(3) A court that sentences an offender for a drug abuse | 1456 |
offense that is a felony of the third, fourth, or fifth degree may | 1457 |
require that the offender be assessed by a properly credentialed | 1458 |
professional within a specified period of time. The court shall | 1459 |
require the professional to file a written assessment of the | 1460 |
offender with the court. If the offender is eligible for a | 1461 |
community control sanction and after considering the written | 1462 |
assessment, the court may impose a community control sanction that | 1463 |
includes treatment and recovery support services authorized by | 1464 |
section 3793.02 of the Revised Code. If the court imposes | 1465 |
treatment and recovery support services as a community control | 1466 |
sanction, the court shall direct the level and type of treatment | 1467 |
and recovery support services after considering the assessment and | 1468 |
recommendation of treatment and recovery support services | 1469 |
providers. | 1470 |
(F) Notwithstanding divisions (A) to (E) of this section, the | 1471 |
court shall impose a prison term or terms under sections 2929.02 | 1472 |
to 2929.06, section 2929.14, section 2929.142, or section 2971.03 | 1473 |
of the Revised Code and except as specifically provided in section | 1474 |
2929.20, divisions (C) to (I) of section 2967.19, or section | 1475 |
2967.191 of the Revised Code or when parole is authorized for the | 1476 |
offense under section 2967.13 of the Revised Code shall not reduce | 1477 |
the term or terms pursuant to section 2929.20, section 2967.19, | 1478 |
section 2967.193, or any other provision of Chapter 2967. or | 1479 |
Chapter 5120. of the Revised Code for any of the following | 1480 |
offenses: | 1481 |
(1) Aggravated murder when death is not imposed or murder; | 1482 |
(2) Any rape, regardless of whether force was involved and | 1483 |
regardless of the age of the victim, or an attempt to commit rape | 1484 |
if, had the offender completed the rape that was attempted, the | 1485 |
offender would have been guilty of a violation of division | 1486 |
(A)(1)(b) of section 2907.02 of the Revised Code and would be | 1487 |
sentenced under section 2971.03 of the Revised Code; | 1488 |
(3) Gross sexual imposition or sexual battery, if the victim | 1489 |
is less than thirteen years of age and if any of the following | 1490 |
applies: | 1491 |
(a) Regarding gross sexual imposition, the offender | 1492 |
previously was convicted of or pleaded guilty to rape, the former | 1493 |
offense of felonious sexual penetration, gross sexual imposition, | 1494 |
or sexual battery, and the victim of the previous offense was less | 1495 |
than thirteen years of age; | 1496 |
(b) Regarding gross sexual imposition, the offense was | 1497 |
committed on or after August 3, 2006, and evidence other than the | 1498 |
testimony of the victim was admitted in the case corroborating the | 1499 |
violation. | 1500 |
(c) Regarding sexual battery, either of the following | 1501 |
applies: | 1502 |
(i) The offense was committed prior to August 3, 2006, the | 1503 |
offender previously was convicted of or pleaded guilty to rape, | 1504 |
the former offense of felonious sexual penetration, or sexual | 1505 |
battery, and the victim of the previous offense was less than | 1506 |
thirteen years of age. | 1507 |
(ii) The offense was committed on or after August 3, 2006. | 1508 |
(4) A felony violation of section 2903.04, 2903.06, 2903.08, | 1509 |
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code | 1510 |
if the section requires the imposition of a prison term; | 1511 |
(5) A first, second, or third degree felony drug offense for | 1512 |
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 1513 |
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 1514 |
4729.99 of the Revised Code, whichever is applicable regarding the | 1515 |
violation, requires the imposition of a mandatory prison term; | 1516 |
(6) Any offense that is a first or second degree felony and | 1517 |
that is not set forth in division (F)(1), (2), (3), or (4) of this | 1518 |
section, if the offender previously was convicted of or pleaded | 1519 |
guilty to aggravated murder, murder, any first or second degree | 1520 |
felony, or an offense under an existing or former law of this | 1521 |
state, another state, or the United States that is or was | 1522 |
substantially equivalent to one of those offenses; | 1523 |
(7) Any offense that is a third degree felony and either is a | 1524 |
violation of section 2903.04 of the Revised Code or an attempt to | 1525 |
commit a felony of the second degree that is an offense of | 1526 |
violence and involved an attempt to cause serious physical harm to | 1527 |
a person or that resulted in serious physical harm to a person if | 1528 |
the offender previously was convicted of or pleaded guilty to any | 1529 |
of the following offenses: | 1530 |
(a) Aggravated murder, murder, involuntary manslaughter, | 1531 |
rape, felonious sexual penetration as it existed under section | 1532 |
2907.12 of the Revised Code prior to September 3, 1996, a felony | 1533 |
of the first or second degree that resulted in the death of a | 1534 |
person or in physical harm to a person, or complicity in or an | 1535 |
attempt to commit any of those offenses; | 1536 |
(b) An offense under an existing or former law of this state, | 1537 |
another state, or the United States that is or was substantially | 1538 |
equivalent to an offense listed in division (F)(7)(a) of this | 1539 |
section that resulted in the death of a person or in physical harm | 1540 |
to a person. | 1541 |
(8) Any offense, other than a violation of section 2923.12 of | 1542 |
the Revised Code, that is a felony, if the offender had a firearm | 1543 |
on or about the offender's person or under the offender's control | 1544 |
while committing the felony, with respect to a portion of the | 1545 |
sentence imposed pursuant to division (B)(1)(a) of section 2929.14 | 1546 |
of the Revised Code for having the firearm; | 1547 |
(9) Any offense of violence that is a felony, if the offender | 1548 |
wore or carried body armor while committing the felony offense of | 1549 |
violence, with respect to the portion of the sentence imposed | 1550 |
pursuant to division (B)(1)(d) of section 2929.14 of the Revised | 1551 |
Code for wearing or carrying the body armor; | 1552 |
(10) Corrupt activity in violation of section 2923.32 of the | 1553 |
Revised Code when the most serious offense in the pattern of | 1554 |
corrupt activity that is the basis of the offense is a felony of | 1555 |
the first degree; | 1556 |
(11) Any violent sex offense or designated homicide, assault, | 1557 |
or kidnapping offense if, in relation to that offense, the | 1558 |
offender is adjudicated a sexually violent predator; | 1559 |
(12) A violation of division (A)(1) or (2) of section 2921.36 | 1560 |
of the Revised Code, or a violation of division (C) of that | 1561 |
section involving an item listed in division (A)(1) or (2) of that | 1562 |
section, if the offender is an officer or employee of the | 1563 |
department of rehabilitation and correction; | 1564 |
(13) A violation of division (A)(1) or (2) of section 2903.06 | 1565 |
of the Revised Code if the victim of the offense is a peace | 1566 |
officer, as defined in section 2935.01 of the Revised Code, or an | 1567 |
investigator of the bureau of criminal identification and | 1568 |
investigation, as defined in section 2903.11 of the Revised Code, | 1569 |
with respect to the portion of the sentence imposed pursuant to | 1570 |
division (B)(5) of section 2929.14 of the Revised Code; | 1571 |
(14) A violation of division (A)(1) or (2) of section 2903.06 | 1572 |
of the Revised Code if the offender has been convicted of or | 1573 |
pleaded guilty to three or more violations of division (A) or (B) | 1574 |
of section 4511.19 of the Revised Code or an equivalent offense, | 1575 |
as defined in section 2941.1415 of the Revised Code, or three or | 1576 |
more violations of any combination of those divisions and | 1577 |
offenses, with respect to the portion of the sentence imposed | 1578 |
pursuant to division (B)(6) of section 2929.14 of the Revised | 1579 |
Code; | 1580 |
(15) Kidnapping, in the circumstances specified in section | 1581 |
2971.03 of the Revised Code and when no other provision of | 1582 |
division (F) of this section applies; | 1583 |
(16) Kidnapping, abduction, compelling prostitution, | 1584 |
promoting prostitution, engaging in a pattern of corrupt activity, | 1585 |
illegal use of a minor in a nudity-oriented material or | 1586 |
performance in violation of division (A)(1) or (2) of section | 1587 |
2907.323 of the Revised Code, or endangering children in violation | 1588 |
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of | 1589 |
the Revised Code, if the offender is convicted of or pleads guilty | 1590 |
to a specification as described in section 2941.1422 of the | 1591 |
Revised Code that was included in the indictment, count in the | 1592 |
indictment, or information charging the offense; | 1593 |
(17) A felony violation of division (A) or (B) of section | 1594 |
2919.25 of the Revised Code if division (D)(3), (4), or (5) of | 1595 |
that section, and division (D)(6) of that section, require the | 1596 |
imposition of a prison term; | 1597 |
(18) A felony violation of section 2903.11, 2903.12, or | 1598 |
2903.13 of the Revised Code, if the victim of the offense was a | 1599 |
woman that the offender knew was pregnant at the time of the | 1600 |
violation, with respect to a portion of the sentence imposed | 1601 |
pursuant to division (B)(8) of section 2929.14 of the Revised | 1602 |
Code. | 1603 |
(G) Notwithstanding divisions (A) to (E) of this section, if | 1604 |
an offender is being sentenced for a fourth degree felony OVI | 1605 |
offense or for a third degree felony OVI offense, the court shall | 1606 |
impose upon the offender a mandatory term of local incarceration | 1607 |
or a mandatory prison term in accordance with the following: | 1608 |
(1) If the offender is being sentenced for a fourth degree | 1609 |
felony OVI offense and if the offender has not been convicted of | 1610 |
and has not pleaded guilty to a specification of the type | 1611 |
described in section 2941.1413 of the Revised Code, the court may | 1612 |
impose upon the offender a mandatory term of local incarceration | 1613 |
of sixty days or one hundred twenty days as specified in division | 1614 |
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall | 1615 |
not reduce the term pursuant to section 2929.20, 2967.193, or any | 1616 |
other provision of the Revised Code. The court that imposes a | 1617 |
mandatory term of local incarceration under this division shall | 1618 |
specify whether the term is to be served in a jail, a | 1619 |
community-based correctional facility, a halfway house, or an | 1620 |
alternative residential facility, and the offender shall serve the | 1621 |
term in the type of facility specified by the court. A mandatory | 1622 |
term of local incarceration imposed under division (G)(1) of this | 1623 |
section is not subject to any other Revised Code provision that | 1624 |
pertains to a prison term except as provided in division (A)(1) of | 1625 |
this section. | 1626 |
(2) If the offender is being sentenced for a third degree | 1627 |
felony OVI offense, or if the offender is being sentenced for a | 1628 |
fourth degree felony OVI offense and the court does not impose a | 1629 |
mandatory term of local incarceration under division (G)(1) of | 1630 |
this section, the court shall impose upon the offender a mandatory | 1631 |
prison term of one, two, three, four, or five years if the | 1632 |
offender also is convicted of or also pleads guilty to a | 1633 |
specification of the type described in section 2941.1413 of the | 1634 |
Revised Code or shall impose upon the offender a mandatory prison | 1635 |
term of sixty days or one hundred twenty days as specified in | 1636 |
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code | 1637 |
if the offender has not been convicted of and has not pleaded | 1638 |
guilty to a specification of that type. Subject to divisions (C) | 1639 |
to (I) of section 2967.19 of the Revised Code, the court shall not | 1640 |
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or | 1641 |
any other provision of the Revised Code. The offender shall serve | 1642 |
the one-, two-, three-, four-, or five-year mandatory prison term | 1643 |
consecutively to and prior to the prison term imposed for the | 1644 |
underlying offense and consecutively to any other mandatory prison | 1645 |
term imposed in relation to the offense. In no case shall an | 1646 |
offender who once has been sentenced to a mandatory term of local | 1647 |
incarceration pursuant to division (G)(1) of this section for a | 1648 |
fourth degree felony OVI offense be sentenced to another mandatory | 1649 |
term of local incarceration under that division for any violation | 1650 |
of division (A) of section 4511.19 of the Revised Code. In | 1651 |
addition to the mandatory prison term described in division (G)(2) | 1652 |
of this section, the court may sentence the offender to a | 1653 |
community control sanction under section 2929.16 or 2929.17 of the | 1654 |
Revised Code, but the offender shall serve the prison term prior | 1655 |
to serving the community control sanction. The department of | 1656 |
rehabilitation and correction may place an offender sentenced to a | 1657 |
mandatory prison term under this division in an intensive program | 1658 |
prison established pursuant to section 5120.033 of the Revised | 1659 |
Code if the department gave the sentencing judge prior notice of | 1660 |
its intent to place the offender in an intensive program prison | 1661 |
established under that section and if the judge did not notify the | 1662 |
department that the judge disapproved the placement. Upon the | 1663 |
establishment of the initial intensive program prison pursuant to | 1664 |
section 5120.033 of the Revised Code that is privately operated | 1665 |
and managed by a contractor pursuant to a contract entered into | 1666 |
under section 9.06 of the Revised Code, both of the following | 1667 |
apply: | 1668 |
(a) The department of rehabilitation and correction shall | 1669 |
make a reasonable effort to ensure that a sufficient number of | 1670 |
offenders sentenced to a mandatory prison term under this division | 1671 |
are placed in the privately operated and managed prison so that | 1672 |
the privately operated and managed prison has full occupancy. | 1673 |
(b) Unless the privately operated and managed prison has full | 1674 |
occupancy, the department of rehabilitation and correction shall | 1675 |
not place any offender sentenced to a mandatory prison term under | 1676 |
this division in any intensive program prison established pursuant | 1677 |
to section 5120.033 of the Revised Code other than the privately | 1678 |
operated and managed prison. | 1679 |
(H) If an offender is being sentenced for a sexually oriented | 1680 |
offense or child-victim oriented offense that is a felony | 1681 |
committed on or after January 1, 1997, the judge shall require the | 1682 |
offender to submit to a DNA specimen collection procedure pursuant | 1683 |
to section 2901.07 of the Revised Code. | 1684 |
(I) If an offender is being sentenced for a sexually oriented | 1685 |
offense or a child-victim oriented offense committed on or after | 1686 |
January 1, 1997, the judge shall include in the sentence a summary | 1687 |
of the offender's duties imposed under sections 2950.04, 2950.041, | 1688 |
2950.05, and 2950.06 of the Revised Code and the duration of the | 1689 |
duties. The judge shall inform the offender, at the time of | 1690 |
sentencing, of those duties and of their duration. If required | 1691 |
under division (A)(2) of section 2950.03 of the Revised Code, the | 1692 |
judge shall perform the duties specified in that section, or, if | 1693 |
required under division (A)(6) of section 2950.03 of the Revised | 1694 |
Code, the judge shall perform the duties specified in that | 1695 |
division. | 1696 |
(J)(1) Except as provided in division (J)(2) of this section, | 1697 |
when considering sentencing factors under this section in relation | 1698 |
to an offender who is convicted of or pleads guilty to an attempt | 1699 |
to commit an offense in violation of section 2923.02 of the | 1700 |
Revised Code, the sentencing court shall consider the factors | 1701 |
applicable to the felony category of the violation of section | 1702 |
2923.02 of the Revised Code instead of the factors applicable to | 1703 |
the felony category of the offense attempted. | 1704 |
(2) When considering sentencing factors under this section in | 1705 |
relation to an offender who is convicted of or pleads guilty to an | 1706 |
attempt to commit a drug abuse offense for which the penalty is | 1707 |
determined by the amount or number of unit doses of the controlled | 1708 |
substance involved in the drug abuse offense, the sentencing court | 1709 |
shall consider the factors applicable to the felony category that | 1710 |
the drug abuse offense attempted would be if that drug abuse | 1711 |
offense had been committed and had involved an amount or number of | 1712 |
unit doses of the controlled substance that is within the next | 1713 |
lower range of controlled substance amounts than was involved in | 1714 |
the attempt. | 1715 |
(K) As used in this section, "drug abuse offense" has the | 1716 |
same meaning as in section 2925.01 of the Revised Code. | 1717 |
(L) At the time of sentencing an offender for any sexually | 1718 |
oriented offense, if the offender is a tier III sex | 1719 |
offender/child-victim offender relative to that offense and the | 1720 |
offender does not serve a prison term or jail term, the court may | 1721 |
require that the offender be monitored by means of a global | 1722 |
positioning device. If the court requires such monitoring, the | 1723 |
cost of monitoring shall be borne by the offender. If the offender | 1724 |
is indigent, the cost of compliance shall be paid by the crime | 1725 |
victims reparations fund. | 1726 |
Sec. 2950.01. As used in this chapter, unless the context | 1727 |
clearly requires otherwise: | 1728 |
(A) "Sexually oriented offense" means any of the following | 1729 |
violations or offenses committed by a person, regardless of the | 1730 |
person's age: | 1731 |
(1) A violation of section 2907.02, 2907.03, 2907.05, | 1732 |
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321, | 1733 |
2907.322, or 2907.323 of the Revised Code; | 1734 |
(2) A violation of section 2907.04 of the Revised Code when | 1735 |
the offender is less than four years older than the other person | 1736 |
with whom the offender engaged in sexual conduct, the other person | 1737 |
did not consent to the sexual conduct, and the offender previously | 1738 |
has not been convicted of or pleaded guilty to a violation of | 1739 |
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a | 1740 |
violation of former section 2907.12 of the Revised Code; | 1741 |
(3) A violation of section 2907.04 of the Revised Code when | 1742 |
the offender is at least four years older than the other person | 1743 |
with whom the offender engaged in sexual conduct or when the | 1744 |
offender is less than four years older than the other person with | 1745 |
whom the offender engaged in sexual conduct and the offender | 1746 |
previously has been convicted of or pleaded guilty to a violation | 1747 |
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a | 1748 |
violation of former section 2907.12 of the Revised Code; | 1749 |
(4) A violation of section 2903.01, 2903.02, or 2903.11 of | 1750 |
the Revised Code when the violation was committed with a sexual | 1751 |
motivation; | 1752 |
(5) A violation of division (A) of section 2903.04 of the | 1753 |
Revised Code when the offender committed or attempted to commit | 1754 |
the felony that is the basis of the violation with a sexual | 1755 |
motivation; | 1756 |
(6) A violation of division (A)(3) of section 2903.211 of the | 1757 |
Revised Code; | 1758 |
(7) A violation of division (A)(1), (2), (3), or (5) of | 1759 |
section 2905.01 of the Revised Code when the offense is committed | 1760 |
with a sexual motivation; | 1761 |
(8) A violation of division (A)(4) of section 2905.01 of the | 1762 |
Revised Code; | 1763 |
(9) A violation of division (B) of section 2905.01 of the | 1764 |
Revised Code when the victim of the offense is under eighteen | 1765 |
years of age and the offender is not a parent of the victim of the | 1766 |
offense; | 1767 |
(10) A violation of division (B) of section 2905.02, of | 1768 |
division (B) of section 2905.03, of division (B) of section | 1769 |
2905.05, or of division (B)(5) of section 2919.22 of the Revised | 1770 |
Code; | 1771 |
(11) A violation of section 2905.32 of the Revised Code when | 1772 |
the offender knowingly recruited, solicited, lured, enticed, | 1773 |
isolated, harbored, transported, provided, obtained, or | 1774 |
maintained, or knowingly attempted to recruit, solicit, lure, | 1775 |
entice, isolate, harbor, transport, provide, obtain, or maintain, | 1776 |
another person knowing that the person would be compelled to | 1777 |
engage in sexual activity for hire, engage in a performance that | 1778 |
was obscene, sexually oriented, or nudity oriented, or be a model | 1779 |
or participant in the production of material that was obscene, | 1780 |
sexually oriented, or nudity oriented; | 1781 |
(12) A violation of any former law of this state, any | 1782 |
existing or former municipal ordinance or law of another state or | 1783 |
the United States, any existing or former law applicable in a | 1784 |
military court or in an Indian tribal court, or any existing or | 1785 |
former law of any nation other than the United States that is or | 1786 |
was substantially equivalent to any offense listed in division | 1787 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), | 1788 |
of this section; | 1789 |
| 1790 |
complicity in committing any offense listed in division (A)(1), | 1791 |
(2), (3), (4), (5), (6), (7), (8), (9), (10), | 1792 |
this section. | 1793 |
(B)(1) "Sex offender" means, subject to division (B)(2) of | 1794 |
this section, a person who is convicted of, pleads guilty to, has | 1795 |
been convicted of, has pleaded guilty to, is adjudicated a | 1796 |
delinquent child for committing, or has been adjudicated a | 1797 |
delinquent child for committing any sexually oriented offense. | 1798 |
(2) "Sex offender" does not include a person who is convicted | 1799 |
of, pleads guilty to, has been convicted of, has pleaded guilty | 1800 |
to, is adjudicated a delinquent child for committing, or has been | 1801 |
adjudicated a delinquent child for committing a sexually oriented | 1802 |
offense if the offense involves consensual sexual conduct or | 1803 |
consensual sexual contact and either of the following applies: | 1804 |
(a) The victim of the sexually oriented offense was eighteen | 1805 |
years of age or older and at the time of the sexually oriented | 1806 |
offense was not under the custodial authority of the person who is | 1807 |
convicted of, pleads guilty to, has been convicted of, has pleaded | 1808 |
guilty to, is adjudicated a delinquent child for committing, or | 1809 |
has been adjudicated a delinquent child for committing the | 1810 |
sexually oriented offense. | 1811 |
(b) The victim of the offense was thirteen years of age or | 1812 |
older, and the person who is convicted of, pleads guilty to, has | 1813 |
been convicted of, has pleaded guilty to, is adjudicated a | 1814 |
delinquent child for committing, or has been adjudicated a | 1815 |
delinquent child for committing the sexually oriented offense is | 1816 |
not more than four years older than the victim. | 1817 |
(C) "Child-victim oriented offense" means any of the | 1818 |
following violations or offenses committed by a person, regardless | 1819 |
of the person's age, when the victim is under eighteen years of | 1820 |
age and is not a child of the person who commits the violation: | 1821 |
(1) A violation of division (A)(1), (2), (3), or (5) of | 1822 |
section 2905.01 of the Revised Code when the violation is not | 1823 |
included in division (A)(7) of this section; | 1824 |
(2) A violation of division (A) of section 2905.02, division | 1825 |
(A) of section 2905.03, or division (A) of section 2905.05 of the | 1826 |
Revised Code; | 1827 |
(3) A violation of any former law of this state, any existing | 1828 |
or former municipal ordinance or law of another state or the | 1829 |
United States, any existing or former law applicable in a military | 1830 |
court or in an Indian tribal court, or any existing or former law | 1831 |
of any nation other than the United States that is or was | 1832 |
substantially equivalent to any offense listed in division (C)(1) | 1833 |
or (2) of this section; | 1834 |
(4) Any attempt to commit, conspiracy to commit, or | 1835 |
complicity in committing any offense listed in division (C)(1), | 1836 |
(2), or (3) of this section. | 1837 |
(D) "Child-victim offender" means a person who is convicted | 1838 |
of, pleads guilty to, has been convicted of, has pleaded guilty | 1839 |
to, is adjudicated a delinquent child for committing, or has been | 1840 |
adjudicated a delinquent child for committing any child-victim | 1841 |
oriented offense. | 1842 |
(E) "Tier I sex offender/child-victim offender" means any of | 1843 |
the following: | 1844 |
(1) A sex offender who is convicted of, pleads guilty to, has | 1845 |
been convicted of, or has pleaded guilty to any of the following | 1846 |
sexually oriented offenses: | 1847 |
(a) A violation of section 2907.06, 2907.07, 2907.08, | 1848 |
2907.22, or 2907.32 of the Revised Code; | 1849 |
(b) A violation of section 2907.04 of the Revised Code when | 1850 |
the offender is less than four years older than the other person | 1851 |
with whom the offender engaged in sexual conduct, the other person | 1852 |
did not consent to the sexual conduct, and the offender previously | 1853 |
has not been convicted of or pleaded guilty to a violation of | 1854 |
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a | 1855 |
violation of former section 2907.12 of the Revised Code; | 1856 |
(c) A violation of division (A)(1), (2), (3), or (5) of | 1857 |
section 2907.05 of the Revised Code; | 1858 |
(d) A violation of division (A)(3) of section 2907.323 of the | 1859 |
Revised Code; | 1860 |
(e) A violation of division (A)(3) of section 2903.211, of | 1861 |
division (B) of section 2905.03, or of division (B) of section | 1862 |
2905.05 of the Revised Code; | 1863 |
(f) A violation of any former law of this state, any existing | 1864 |
or former municipal ordinance or law of another state or the | 1865 |
United States, any existing or former law applicable in a military | 1866 |
court or in an Indian tribal court, or any existing or former law | 1867 |
of any nation other than the United States, that is or was | 1868 |
substantially equivalent to any offense listed in division | 1869 |
(E)(1)(a), (b), (c), (d), or (e) of this section; | 1870 |
(g) Any attempt to commit, conspiracy to commit, or | 1871 |
complicity in committing any offense listed in division (E)(1)(a), | 1872 |
(b), (c), (d), (e), or (f) of this section. | 1873 |
(2) A child-victim offender who is convicted of, pleads | 1874 |
guilty to, has been convicted of, or has pleaded guilty to a | 1875 |
child-victim oriented offense and who is not within either | 1876 |
category of child-victim offender described in division (F)(2) or | 1877 |
(G)(2) of this section. | 1878 |
(3) A sex offender who is adjudicated a delinquent child for | 1879 |
committing or has been adjudicated a delinquent child for | 1880 |
committing any sexually oriented offense and who a juvenile court, | 1881 |
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the | 1882 |
Revised Code, classifies a tier I sex offender/child-victim | 1883 |
offender relative to the offense. | 1884 |
(4) A child-victim offender who is adjudicated a delinquent | 1885 |
child for committing or has been adjudicated a delinquent child | 1886 |
for committing any child-victim oriented offense and who a | 1887 |
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or | 1888 |
2152.85 of the Revised Code, classifies a tier I sex | 1889 |
offender/child-victim offender relative to the offense. | 1890 |
(F) "Tier II sex offender/child-victim offender" means any of | 1891 |
the following: | 1892 |
(1) A sex offender who is convicted of, pleads guilty to, has | 1893 |
been convicted of, or has pleaded guilty to any of the following | 1894 |
sexually oriented offenses: | 1895 |
(a) A violation of section 2907.21, 2907.321, or 2907.322 of | 1896 |
the Revised Code; | 1897 |
(b) A violation of section 2907.04 of the Revised Code when | 1898 |
the offender is at least four years older than the other person | 1899 |
with whom the offender engaged in sexual conduct, or when the | 1900 |
offender is less than four years older than the other person with | 1901 |
whom the offender engaged in sexual conduct and the offender | 1902 |
previously has been convicted of or pleaded guilty to a violation | 1903 |
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or | 1904 |
former section 2907.12 of the Revised Code; | 1905 |
(c) A violation of division (A)(4) of section 2907.05 or of | 1906 |
division (A)(1) or (2) of section 2907.323 of the Revised Code; | 1907 |
(d) A violation of division (A)(1), (2), (3), or (5) of | 1908 |
section 2905.01 of the Revised Code when the offense is committed | 1909 |
with a sexual motivation; | 1910 |
(e) A violation of division (A)(4) of section 2905.01 of the | 1911 |
Revised Code when the victim of the offense is eighteen years of | 1912 |
age or older; | 1913 |
(f) A violation of division (B) of section 2905.02 or of | 1914 |
division (B)(5) of section 2919.22 of the Revised Code; | 1915 |
(g) A violation of section 2905.32 of the Revised Code when | 1916 |
the offender knowingly recruited, solicited, lured, enticed, | 1917 |
isolated, harbored, transported, provided, obtained, or | 1918 |
maintained, or knowingly attempted to recruit, solicit, lure, | 1919 |
entice, isolate, harbor, transport, provide, obtain, or maintain, | 1920 |
another person knowing that the person would be compelled to | 1921 |
engage in sexual activity for hire, engage in a performance that | 1922 |
was obscene, sexually oriented, or nudity oriented, or be a model | 1923 |
or participant in the production of material that was obscene, | 1924 |
sexually oriented, or nudity oriented; | 1925 |
(h) A violation of any former law of this state, any existing | 1926 |
or former municipal ordinance or law of another state or the | 1927 |
United States, any existing or former law applicable in a military | 1928 |
court or in an Indian tribal court, or any existing or former law | 1929 |
of any nation other than the United States that is or was | 1930 |
substantially equivalent to any offense listed in division | 1931 |
(F)(1)(a), (b), (c), (d), (e), | 1932 |
| 1933 |
complicity in committing any offense listed in division (F)(1)(a), | 1934 |
(b), (c), (d), (e), (f), | 1935 |
| 1936 |
the sex offender previously has been convicted of, pleaded guilty | 1937 |
to, or has been adjudicated a delinquent child for committing any | 1938 |
sexually oriented offense or child-victim oriented offense for | 1939 |
which the offender was classified a tier I sex | 1940 |
offender/child-victim offender. | 1941 |
(2) A child-victim offender who is convicted of, pleads | 1942 |
guilty to, has been convicted of, or has pleaded guilty to any | 1943 |
child-victim oriented offense when the child-victim oriented | 1944 |
offense is committed after the child-victim offender previously | 1945 |
has been convicted of, pleaded guilty to, or been adjudicated a | 1946 |
delinquent child for committing any sexually oriented offense or | 1947 |
child-victim oriented offense for which the offender was | 1948 |
classified a tier I sex offender/child-victim offender. | 1949 |
(3) A sex offender who is adjudicated a delinquent child for | 1950 |
committing or has been adjudicated a delinquent child for | 1951 |
committing any sexually oriented offense and who a juvenile court, | 1952 |
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the | 1953 |
Revised Code, classifies a tier II sex offender/child-victim | 1954 |
offender relative to the offense. | 1955 |
(4) A child-victim offender who is adjudicated a delinquent | 1956 |
child for committing or has been adjudicated a delinquent child | 1957 |
for committing any child-victim oriented offense and whom a | 1958 |
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or | 1959 |
2152.85 of the Revised Code, classifies a tier II sex | 1960 |
offender/child-victim offender relative to the current offense. | 1961 |
(5) A sex offender or child-victim offender who is not in any | 1962 |
category of tier II sex offender/child-victim offender set forth | 1963 |
in division (F)(1), (2), (3), or (4) of this section, who prior to | 1964 |
January 1, 2008, was adjudicated a delinquent child for committing | 1965 |
a sexually oriented offense or child-victim oriented offense, and | 1966 |
who prior to that date was determined to be a habitual sex | 1967 |
offender or determined to be a habitual child-victim offender, | 1968 |
unless either of the following applies: | 1969 |
(a) The sex offender or child-victim offender is reclassified | 1970 |
pursuant to section 2950.031 or 2950.032 of the Revised Code as a | 1971 |
tier I sex offender/child-victim offender or a tier III sex | 1972 |
offender/child-victim offender relative to the offense. | 1973 |
(b) A juvenile court, pursuant to section 2152.82, 2152.83, | 1974 |
2152.84, or 2152.85 of the Revised Code, classifies the child a | 1975 |
tier I sex offender/child-victim offender or a tier III sex | 1976 |
offender/child-victim offender relative to the offense. | 1977 |
(G) "Tier III sex offender/child-victim offender" means any | 1978 |
of the following: | 1979 |
(1) A sex offender who is convicted of, pleads guilty to, has | 1980 |
been convicted of, or has pleaded guilty to any of the following | 1981 |
sexually oriented offenses: | 1982 |
(a) A violation of section 2907.02 or 2907.03 of the Revised | 1983 |
Code; | 1984 |
(b) A violation of division (B) of section 2907.05 of the | 1985 |
Revised Code; | 1986 |
(c) A violation of section 2903.01, 2903.02, or 2903.11 of | 1987 |
the Revised Code when the violation was committed with a sexual | 1988 |
motivation; | 1989 |
(d) A violation of division (A) of section 2903.04 of the | 1990 |
Revised Code when the offender committed or attempted to commit | 1991 |
the felony that is the basis of the violation with a sexual | 1992 |
motivation; | 1993 |
(e) A violation of division (A)(4) of section 2905.01 of the | 1994 |
Revised Code when the victim of the offense is under eighteen | 1995 |
years of age; | 1996 |
(f) A violation of division (B) of section 2905.01 of the | 1997 |
Revised Code when the victim of the offense is under eighteen | 1998 |
years of age and the offender is not a parent of the victim of the | 1999 |
offense; | 2000 |
(g) A violation of any former law of this state, any existing | 2001 |
or former municipal ordinance or law of another state or the | 2002 |
United States, any existing or former law applicable in a military | 2003 |
court or in an Indian tribal court, or any existing or former law | 2004 |
of any nation other than the United States that is or was | 2005 |
substantially equivalent to any offense listed in division | 2006 |
(G)(1)(a), (b), (c), (d), (e), or (f) of this section; | 2007 |
(h) Any attempt to commit, conspiracy to commit, or | 2008 |
complicity in committing any offense listed in division (G)(1)(a), | 2009 |
(b), (c), (d), (e), (f), or (g) of this section; | 2010 |
(i) Any sexually oriented offense that is committed after the | 2011 |
sex offender previously has been convicted of, pleaded guilty to, | 2012 |
or been adjudicated a delinquent child for committing any sexually | 2013 |
oriented offense or child-victim oriented offense for which the | 2014 |
offender was classified a tier II sex offender/child-victim | 2015 |
offender or a tier III sex offender/child-victim offender. | 2016 |
(2) A child-victim offender who is convicted of, pleads | 2017 |
guilty to, has been convicted of, or has pleaded guilty to any | 2018 |
child-victim oriented offense when the child-victim oriented | 2019 |
offense is committed after the child-victim offender previously | 2020 |
has been convicted of, pleaded guilty to, or been adjudicated a | 2021 |
delinquent child for committing any sexually oriented offense or | 2022 |
child-victim oriented offense for which the offender was | 2023 |
classified a tier II sex offender/child-victim offender or a tier | 2024 |
III sex offender/child-victim offender. | 2025 |
(3) A sex offender who is adjudicated a delinquent child for | 2026 |
committing or has been adjudicated a delinquent child for | 2027 |
committing any sexually oriented offense and who a juvenile court, | 2028 |
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the | 2029 |
Revised Code, classifies a tier III sex offender/child-victim | 2030 |
offender relative to the offense. | 2031 |
(4) A child-victim offender who is adjudicated a delinquent | 2032 |
child for committing or has been adjudicated a delinquent child | 2033 |
for committing any child-victim oriented offense and whom a | 2034 |
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or | 2035 |
2152.85 of the Revised Code, classifies a tier III sex | 2036 |
offender/child-victim offender relative to the current offense. | 2037 |
(5) A sex offender or child-victim offender who is not in any | 2038 |
category of tier III sex offender/child-victim offender set forth | 2039 |
in division (G)(1), (2), (3), or (4) of this section, who prior to | 2040 |
January 1, 2008, was convicted of or pleaded guilty to a sexually | 2041 |
oriented offense or child-victim oriented offense or was | 2042 |
adjudicated a delinquent child for committing a sexually oriented | 2043 |
offense or child-victim oriented offense and classified a juvenile | 2044 |
offender registrant, and who prior to that date was adjudicated a | 2045 |
sexual predator or adjudicated a child-victim predator, unless | 2046 |
either of the following applies: | 2047 |
(a) The sex offender or child-victim offender is reclassified | 2048 |
pursuant to section 2950.031 or 2950.032 of the Revised Code as a | 2049 |
tier I sex offender/child-victim offender or a tier II sex | 2050 |
offender/child-victim offender relative to the offense. | 2051 |
(b) The sex offender or child-victim offender is a delinquent | 2052 |
child, and a juvenile court, pursuant to section 2152.82, 2152.83, | 2053 |
2152.84, or 2152.85 of the Revised Code, classifies the child a | 2054 |
tier I sex offender/child-victim offender or a tier II sex | 2055 |
offender/child-victim offender relative to the offense. | 2056 |
(6) A sex offender who is convicted of, pleads guilty to, was | 2057 |
convicted of, or pleaded guilty to a sexually oriented offense, if | 2058 |
the sexually oriented offense and the circumstances in which it | 2059 |
was committed are such that division (F) of section 2971.03 of the | 2060 |
Revised Code automatically classifies the offender as a tier III | 2061 |
sex offender/child-victim offender; | 2062 |
(7) A sex offender or child-victim offender who is convicted | 2063 |
of, pleads guilty to, was convicted of, pleaded guilty to, is | 2064 |
adjudicated a delinquent child for committing, or was adjudicated | 2065 |
a delinquent child for committing a sexually oriented offense or | 2066 |
child-victim offense in another state, in a federal court, | 2067 |
military court, or Indian tribal court, or in a court in any | 2068 |
nation other than the United States if both of the following | 2069 |
apply: | 2070 |
(a) Under the law of the jurisdiction in which the offender | 2071 |
was convicted or pleaded guilty or the delinquent child was | 2072 |
adjudicated, the offender or delinquent child is in a category | 2073 |
substantially equivalent to a category of tier III sex | 2074 |
offender/child-victim offender described in division (G)(1), (2), | 2075 |
(3), (4), (5), or (6) of this section. | 2076 |
(b) Subsequent to the conviction, plea of guilty, or | 2077 |
adjudication in the other jurisdiction, the offender or delinquent | 2078 |
child resides, has temporary domicile, attends school or an | 2079 |
institution of higher education, is employed, or intends to reside | 2080 |
in this state in any manner and for any period of time that | 2081 |
subjects the offender or delinquent child to a duty to register or | 2082 |
provide notice of intent to reside under section 2950.04 or | 2083 |
2950.041 of the Revised Code. | 2084 |
(H) "Confinement" includes, but is not limited to, a | 2085 |
community residential sanction imposed pursuant to section 2929.16 | 2086 |
or 2929.26 of the Revised Code. | 2087 |
(I) "Prosecutor" has the same meaning as in section 2935.01 | 2088 |
of the Revised Code. | 2089 |
(J) "Supervised release" means a release of an offender from | 2090 |
a prison term, a term of imprisonment, or another type of | 2091 |
confinement that satisfies either of the following conditions: | 2092 |
(1) The release is on parole, a conditional pardon, under a | 2093 |
community control sanction, under transitional control, or under a | 2094 |
post-release control sanction, and it requires the person to | 2095 |
report to or be supervised by a parole officer, probation officer, | 2096 |
field officer, or another type of supervising officer. | 2097 |
(2) The release is any type of release that is not described | 2098 |
in division (J)(1) of this section and that requires the person to | 2099 |
report to or be supervised by a probation officer, a parole | 2100 |
officer, a field officer, or another type of supervising officer. | 2101 |
(K) "Sexually violent predator specification," "sexually | 2102 |
violent predator," "sexually violent offense," "sexual motivation | 2103 |
specification," "designated homicide, assault, or kidnapping | 2104 |
offense," and "violent sex offense" have the same meanings as in | 2105 |
section 2971.01 of the Revised Code. | 2106 |
(L) "Post-release control sanction" and "transitional | 2107 |
control" have the same meanings as in section 2967.01 of the | 2108 |
Revised Code. | 2109 |
(M) "Juvenile offender registrant" means a person who is | 2110 |
adjudicated a delinquent child for committing on or after January | 2111 |
1, 2002, a sexually oriented offense or a child-victim oriented | 2112 |
offense, who is fourteen years of age or older at the time of | 2113 |
committing the offense, and who a juvenile court judge, pursuant | 2114 |
to an order issued under section 2152.82, 2152.83, 2152.84, | 2115 |
2152.85, or 2152.86 of the Revised Code, classifies a juvenile | 2116 |
offender registrant and specifies has a duty to comply with | 2117 |
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 2118 |
Code. "Juvenile offender registrant" includes a person who prior | 2119 |
to January 1, 2008, was a "juvenile offender registrant" under the | 2120 |
definition of the term in existence prior to January 1, 2008, and | 2121 |
a person who prior to July 31, 2003, was a "juvenile sex offender | 2122 |
registrant" under the former definition of that former term. | 2123 |
(N) "Public registry-qualified juvenile offender registrant" | 2124 |
means a person who is adjudicated a delinquent child and on whom a | 2125 |
juvenile court has imposed a serious youthful offender | 2126 |
dispositional sentence under section 2152.13 of the Revised Code | 2127 |
before, on, or after January 1, 2008, and to whom all of the | 2128 |
following apply: | 2129 |
(1) The person is adjudicated a delinquent child for | 2130 |
committing, attempting to commit, conspiring to commit, or | 2131 |
complicity in committing one of the following acts: | 2132 |
(a) A violation of section 2907.02 of the Revised Code, | 2133 |
division (B) of section 2907.05 of the Revised Code, or section | 2134 |
2907.03 of the Revised Code if the victim of the violation was | 2135 |
less than twelve years of age; | 2136 |
(b) A violation of section 2903.01, 2903.02, or 2905.01 of | 2137 |
the Revised Code that was committed with a purpose to gratify the | 2138 |
sexual needs or desires of the child. | 2139 |
(2) The person was fourteen, fifteen, sixteen, or seventeen | 2140 |
years of age at the time of committing the act. | 2141 |
(3) A juvenile court judge, pursuant to an order issued under | 2142 |
section 2152.86 of the Revised Code, classifies the person a | 2143 |
juvenile offender registrant, specifies the person has a duty to | 2144 |
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised | 2145 |
Code, and classifies the person a public registry-qualified | 2146 |
juvenile offender registrant, and the classification of the person | 2147 |
as a public registry-qualified juvenile offender registrant has | 2148 |
not been terminated pursuant to division (D) of section 2152.86 of | 2149 |
the Revised Code. | 2150 |
(O) "Secure facility" means any facility that is designed and | 2151 |
operated to ensure that all of its entrances and exits are locked | 2152 |
and under the exclusive control of its staff and to ensure that, | 2153 |
because of that exclusive control, no person who is | 2154 |
institutionalized or confined in the facility may leave the | 2155 |
facility without permission or supervision. | 2156 |
(P) "Out-of-state juvenile offender registrant" means a | 2157 |
person who is adjudicated a delinquent child in a court in another | 2158 |
state, in a federal court, military court, or Indian tribal court, | 2159 |
or in a court in any nation other than the United States for | 2160 |
committing a sexually oriented offense or a child-victim oriented | 2161 |
offense, who on or after January 1, 2002, moves to and resides in | 2162 |
this state or temporarily is domiciled in this state for more than | 2163 |
five days, and who has a duty under section 2950.04 or 2950.041 of | 2164 |
the Revised Code to register in this state and the duty to | 2165 |
otherwise comply with that applicable section and sections 2950.05 | 2166 |
and 2950.06 of the Revised Code. "Out-of-state juvenile offender | 2167 |
registrant" includes a person who prior to January 1, 2008, was an | 2168 |
"out-of-state juvenile offender registrant" under the definition | 2169 |
of the term in existence prior to January 1, 2008, and a person | 2170 |
who prior to July 31, 2003, was an "out-of-state juvenile sex | 2171 |
offender registrant" under the former definition of that former | 2172 |
term. | 2173 |
(Q) "Juvenile court judge" includes a magistrate to whom the | 2174 |
juvenile court judge confers duties pursuant to division (A)(15) | 2175 |
of section 2151.23 of the Revised Code. | 2176 |
(R) "Adjudicated a delinquent child for committing a sexually | 2177 |
oriented offense" includes a child who receives a serious youthful | 2178 |
offender dispositional sentence under section 2152.13 of the | 2179 |
Revised Code for committing a sexually oriented offense. | 2180 |
(S) "School" and "school premises" have the same meanings as | 2181 |
in section 2925.01 of the Revised Code. | 2182 |
(T) "Residential premises" means the building in which a | 2183 |
residential unit is located and the grounds upon which that | 2184 |
building stands, extending to the perimeter of the property. | 2185 |
"Residential premises" includes any type of structure in which a | 2186 |
residential unit is located, including, but not limited to, | 2187 |
multi-unit buildings and mobile and manufactured homes. | 2188 |
(U) "Residential unit" means a dwelling unit for residential | 2189 |
use and occupancy, and includes the structure or part of a | 2190 |
structure that is used as a home, residence, or sleeping place by | 2191 |
one person who maintains a household or two or more persons who | 2192 |
maintain a common household. "Residential unit" does not include a | 2193 |
halfway house or a community-based correctional facility. | 2194 |
(V) "Multi-unit building" means a building in which is | 2195 |
located more than twelve residential units that have entry doors | 2196 |
that open directly into the unit from a hallway that is shared | 2197 |
with one or more other units. A residential unit is not considered | 2198 |
located in a multi-unit building if the unit does not have an | 2199 |
entry door that opens directly into the unit from a hallway that | 2200 |
is shared with one or more other units or if the unit is in a | 2201 |
building that is not a multi-unit building as described in this | 2202 |
division. | 2203 |
(W) "Community control sanction" has the same meaning as in | 2204 |
section 2929.01 of the Revised Code. | 2205 |
(X) "Halfway house" and "community-based correctional | 2206 |
facility" have the same meanings as in section 2929.01 of the | 2207 |
Revised Code. | 2208 |
Sec. 2953.38. (A) As used in this section: | 2209 |
(1) "Expunge" means to destroy, delete, or erase a record as | 2210 |
appropriate for the record's physical or electronic form or | 2211 |
characteristic so that the record is permanently irretrievable. | 2212 |
(2) "Prosecutor" has the same meaning as in section 2953.31 | 2213 |
of the Revised Code. | 2214 |
(3) "Record of conviction" means the record related to a | 2215 |
conviction of or plea of guilty to an offense. | 2216 |
(4) "Victim of human trafficking" means a person who is or | 2217 |
was a victim of a violation of section 2905.32 of the Revised | 2218 |
Code, regardless of whether anyone has been convicted of a | 2219 |
violation of that section or of any other section for victimizing | 2220 |
the person. | 2221 |
(B) Any person who is or was convicted of a violation of | 2222 |
section 2907.24, 2907.241, or 2907.25 of the Revised Code may | 2223 |
apply to the sentencing court for the expungement of the record of | 2224 |
conviction if the person's participation in the offense was a | 2225 |
result of the person having been a victim of human trafficking. | 2226 |
The person may file the application at any time. The application | 2227 |
shall do all of the following: | 2228 |
(1) Identify the applicant, the offense for which the | 2229 |
expungement is sought, the date of the conviction of that offense, | 2230 |
and the court in which the conviction occurred; | 2231 |
(2) Describe the evidence and provide copies of any | 2232 |
documentation of the type described in division (F) of this | 2233 |
section showing that the person is entitled to relief under this | 2234 |
section; | 2235 |
(3) Include a request for expungement of the record of | 2236 |
conviction of that offense under this section. | 2237 |
(C) The court may deny an application made under division (B) | 2238 |
of this section if it finds that the application fails to assert | 2239 |
grounds on which relief may be granted. | 2240 |
(D) If the court does not deny an application under division | 2241 |
(C) of this section, it shall set a date for a hearing and shall | 2242 |
notify the prosecutor for the case from which the record of | 2243 |
conviction resulted of the hearing on the application. The | 2244 |
prosecutor may object to the granting of the application by filing | 2245 |
an objection with the court prior to the date set for the hearing. | 2246 |
The prosecutor shall specify in the objection the reasons for | 2247 |
believing a denial of the application is justified. The court may | 2248 |
direct its regular probation officer, a state probation officer, | 2249 |
or the department of probation of the county in which the | 2250 |
applicant resides to make inquiries and written reports as the | 2251 |
court requires concerning the applicant. | 2252 |
(E) At the hearing held under division (D) of this section, | 2253 |
the court shall do both of the following: | 2254 |
(1) If the prosecutor has filed an objection, consider the | 2255 |
reasons against granting the application specified by the | 2256 |
prosecutor in the objection; | 2257 |
(2) Determine whether the applicant has demonstrated by a | 2258 |
preponderance of the evidence that the applicant's participation | 2259 |
in the offense was a result of having been a victim of human | 2260 |
trafficking. | 2261 |
(F) There is a rebuttable presumption that the applicant's | 2262 |
participation in the offense that is the subject of the | 2263 |
application was the result of the applicant's having been a victim | 2264 |
of human trafficking if the applicant presents documentation to | 2265 |
that effect in the form of a police report, a court record, or an | 2266 |
affidavit from an employee of a federal, state, or local | 2267 |
government agency, a trained professional staff member of a victim | 2268 |
services organization, an attorney, a member of the clergy, or a | 2269 |
medical or other health professional from whom the applicant has | 2270 |
sought services to address the effects of having been trafficked. | 2271 |
(G) If after a hearing the court finds that the applicant has | 2272 |
demonstrated by a preponderance of the evidence that the | 2273 |
applicant's participation in the offense that is the subject of | 2274 |
the application was the result of the applicant having been a | 2275 |
victim of human trafficking, the court shall grant the application | 2276 |
and order that the record of conviction be expunged. | 2277 |
(H) Upon the filing of an application under this section, the | 2278 |
applicant, unless indigent, shall pay a fee of fifty dollars. The | 2279 |
court shall pay thirty dollars of the fee into the state treasury | 2280 |
and shall pay twenty dollars of the fee into the county general | 2281 |
revenue fund. | 2282 |
Sec. 2981.12. (A) Unclaimed or forfeited property in the | 2283 |
custody of a law enforcement agency, other than property described | 2284 |
in division (A)(2) of section 2981.11 of the Revised Code, shall | 2285 |
be disposed of by order of any court of record that has | 2286 |
territorial jurisdiction over the political subdivision that | 2287 |
employs the law enforcement agency, as follows: | 2288 |
(1) Drugs shall be disposed of pursuant to section 3719.11 of | 2289 |
the Revised Code or placed in the custody of the secretary of the | 2290 |
treasury of the United States for disposal or use for medical or | 2291 |
scientific purposes under applicable federal law. | 2292 |
(2) Firearms and dangerous ordnance suitable for police work | 2293 |
may be given to a law enforcement agency for that purpose. | 2294 |
Firearms suitable for sporting use or as museum pieces or | 2295 |
collectors' items may be sold at public auction pursuant to | 2296 |
division (B) of this section. The agency may sell other firearms | 2297 |
and dangerous ordnance to a federally licensed firearms dealer in | 2298 |
a manner that the court considers proper. The agency shall destroy | 2299 |
any firearms or dangerous ordnance not given to a law enforcement | 2300 |
agency or sold or shall send them to the bureau of criminal | 2301 |
identification and investigation for destruction by the bureau. | 2302 |
(3) Obscene materials shall be destroyed. | 2303 |
(4) Beer, intoxicating liquor, or alcohol seized from a | 2304 |
person who does not hold a permit issued under Chapters 4301. and | 2305 |
4303. of the Revised Code or otherwise forfeited to the state for | 2306 |
an offense under section 4301.45 or 4301.53 of the Revised Code | 2307 |
shall be sold by the division of liquor control if the division | 2308 |
determines that it is fit for sale or shall be placed in the | 2309 |
custody of the investigations unit in the department of public | 2310 |
safety and be used for training relating to law enforcement | 2311 |
activities. The department, with the assistance of the division of | 2312 |
liquor control, shall adopt rules in accordance with Chapter 119. | 2313 |
of the Revised Code to provide for the distribution to state or | 2314 |
local law enforcement agencies upon their request. If any tax | 2315 |
imposed under Title XLIII of the Revised Code has not been paid in | 2316 |
relation to the beer, intoxicating liquor, or alcohol, any moneys | 2317 |
acquired from the sale shall first be used to pay the tax. All | 2318 |
other money collected under this division shall be paid into the | 2319 |
state treasury. Any beer, intoxicating liquor, or alcohol that the | 2320 |
division determines to be unfit for sale shall be destroyed. | 2321 |
(5) Money received by an inmate of a correctional institution | 2322 |
from an unauthorized source or in an unauthorized manner shall be | 2323 |
returned to the sender, if known, or deposited in the inmates' | 2324 |
industrial and entertainment fund of the institution if the sender | 2325 |
is not known. | 2326 |
(6)(a) Any mobile instrumentality forfeited under this | 2327 |
chapter may be given to the law enforcement agency that initially | 2328 |
seized the mobile instrumentality for use in performing its | 2329 |
duties, if the agency wants the mobile instrumentality. The agency | 2330 |
shall take the mobile instrumentality subject to any security | 2331 |
interest or lien on the mobile instrumentality. | 2332 |
(b) Vehicles and vehicle parts forfeited under sections | 2333 |
4549.61 to 4549.63 of the Revised Code may be given to a law | 2334 |
enforcement agency for use in performing its duties. Those parts | 2335 |
may be incorporated into any other official vehicle. Parts that do | 2336 |
not bear vehicle identification numbers or derivatives of them may | 2337 |
be sold or disposed of as provided by rules of the director of | 2338 |
public safety. Parts from which a vehicle identification number or | 2339 |
derivative of it has been removed, defaced, covered, altered, or | 2340 |
destroyed and that are not suitable for police work or | 2341 |
incorporation into an official vehicle shall be destroyed and sold | 2342 |
as junk or scrap. | 2343 |
(7) Computers, computer networks, computer systems, and | 2344 |
computer software suitable for police work may be given to a law | 2345 |
enforcement agency for that purpose or disposed of under division | 2346 |
(B) of this section. | 2347 |
(8) Money seized in connection with trafficking in persons | 2348 |
shall be deposited in the victims of human trafficking fund | 2349 |
created by section 5101.87 of the Revised Code. | 2350 |
(B) Unclaimed or forfeited property that is not described in | 2351 |
division (A) of this section or division (A)(2) of section 2981.11 | 2352 |
of the Revised Code, with court approval, may be used by the law | 2353 |
enforcement agency in possession of it. If it is not used by the | 2354 |
agency, it may be sold without appraisal at a public auction to | 2355 |
the highest bidder for cash or disposed of in another manner that | 2356 |
the court considers proper. | 2357 |
(C) Except as provided in divisions (A) and (F) of this | 2358 |
section and after compliance with division (D) of this section | 2359 |
when applicable, any moneys acquired from the sale of property | 2360 |
disposed of pursuant to this section shall be placed in the | 2361 |
general revenue fund of the state, or the general fund of the | 2362 |
county, the township, or the municipal corporation of which the | 2363 |
law enforcement agency involved is an agency. | 2364 |
(D) If the property was in the possession of the law | 2365 |
enforcement agency in relation to a delinquent child proceeding in | 2366 |
a juvenile court, ten per cent of any moneys acquired from the | 2367 |
sale of property disposed of under this section shall be applied | 2368 |
to one or more alcohol and drug addiction treatment programs that | 2369 |
are certified by the department of alcohol and drug addiction | 2370 |
services under section 3793.06 of the Revised Code. A juvenile | 2371 |
court shall not specify a program, except as provided in this | 2372 |
division, unless the program is in the same county as the court or | 2373 |
in a contiguous county. If no certified program is located in any | 2374 |
of those counties, the juvenile court may specify a certified | 2375 |
program anywhere in Ohio. The remaining ninety per cent of the | 2376 |
proceeds or cash shall be applied as provided in division (C) of | 2377 |
this section. | 2378 |
Each treatment program that receives in any calendar year | 2379 |
forfeited money under this division shall file an annual report | 2380 |
for that year with the attorney general and with the court of | 2381 |
common pleas and board of county commissioners of the county in | 2382 |
which the program is located and of any other county from which | 2383 |
the program received forfeited money. The program shall file the | 2384 |
report on or before the first day of March in the calendar year | 2385 |
following the calendar year in which the program received the | 2386 |
money. The report shall include statistics on the number of | 2387 |
persons the program served, identify the types of treatment | 2388 |
services it provided to them, and include a specific accounting of | 2389 |
the purposes for which it used the money so received. No | 2390 |
information contained in the report shall identify, or enable a | 2391 |
person to determine the identity of, any person served by the | 2392 |
program. | 2393 |
(E) Each certified alcohol and drug addiction treatment | 2394 |
program that receives in any calendar year money under this | 2395 |
section or under section 2981.13 of the Revised Code as the result | 2396 |
of a juvenile forfeiture order shall file an annual report for | 2397 |
that calendar year with the attorney general and with the court of | 2398 |
common pleas and board of county commissioners of the county in | 2399 |
which the program is located and of any other county from which | 2400 |
the program received the money. The program shall file the report | 2401 |
on or before the first day of March in the calendar year following | 2402 |
the year in which the program received the money. The report shall | 2403 |
include statistics on the number of persons served with the money, | 2404 |
identify the types of treatment services provided, and | 2405 |
specifically account for how the money was used. No information in | 2406 |
the report shall identify or enable a person to determine the | 2407 |
identity of anyone served by the program. | 2408 |
As used in this division, "juvenile-related forfeiture order" | 2409 |
means any forfeiture order issued by a juvenile court under | 2410 |
section 2981.04 or 2981.05 of the Revised Code and any disposal of | 2411 |
property ordered by a court under section 2981.11 of the Revised | 2412 |
Code regarding property that was in the possession of a law | 2413 |
enforcement agency in relation to a delinquent child proceeding in | 2414 |
a juvenile court. | 2415 |
(F) Each board of county commissioners that recognizes a | 2416 |
citizens' reward program under section 9.92 of the Revised Code | 2417 |
shall notify each law enforcement agency of that county and of a | 2418 |
township or municipal corporation wholly located in that county of | 2419 |
the recognition by filing a copy of its resolution conferring that | 2420 |
recognition with each of those agencies. When the board recognizes | 2421 |
a citizens' reward program and the county includes a part, but not | 2422 |
all, of the territory of a municipal corporation, the board shall | 2423 |
so notify the law enforcement agency of that municipal corporation | 2424 |
of the recognition of the citizens' reward program only if the | 2425 |
county contains the highest percentage of the municipal | 2426 |
corporation's population. | 2427 |
Upon being so notified, each law enforcement agency shall pay | 2428 |
twenty-five per cent of any forfeited proceeds or cash derived | 2429 |
from each sale of property disposed of pursuant to this section to | 2430 |
the citizens' reward program for use exclusively to pay rewards. | 2431 |
No part of the funds may be used to pay expenses associated with | 2432 |
the program. If a citizens' reward program that operates in more | 2433 |
than one county or in another state in addition to this state | 2434 |
receives funds under this section, the funds shall be used to pay | 2435 |
rewards only for tips and information to law enforcement agencies | 2436 |
concerning offenses committed in the county from which the funds | 2437 |
were received. | 2438 |
Receiving funds under this section or section 2981.11 of the | 2439 |
Revised Code does not make the citizens' reward program a | 2440 |
governmental unit or public office for purposes of section 149.43 | 2441 |
of the Revised Code. | 2442 |
(G) Any property forfeited under this chapter shall not be | 2443 |
used to pay any fine imposed upon a person who is convicted of or | 2444 |
pleads guilty to an underlying criminal offense or a different | 2445 |
offense arising out of the same facts and circumstances. | 2446 |
(H) Any moneys acquired from the sale of property seized in | 2447 |
connection with trafficking in persons and disposed of pursuant to | 2448 |
this section shall be placed in the victims of human trafficking | 2449 |
fund created by section 5101.87 of the Revised Code. | 2450 |
Sec. 4743.07. The general assembly strongly recommends that | 2451 |
every board, commission, or agency that is created under or by | 2452 |
virtue of Title XLVII of the Revised Code and that is authorized | 2453 |
to grant licensure or certification to persons who may encounter | 2454 |
human trafficking victims in the normal course of their work | 2455 |
promulgate rules pursuant to Chapter 119. of the Revised Code to | 2456 |
require those persons, as a condition of receiving or maintaining | 2457 |
licensure or certification, to receive training in the recognition | 2458 |
and handling of human trafficking cases. | 2459 |
Sec. 5101.87. There is hereby created in the treasury of | 2460 |
state the victims of human trafficking fund consisting of money | 2461 |
seized in connection with trafficking in persons or acquired from | 2462 |
the sale of property seized in connection with trafficking in | 2463 |
persons and deposited pursuant to section 2981.12 of the Revised | 2464 |
Code and such other money as may be appropriated or contributed to | 2465 |
the fund. Money in the fund shall be used for the sole purpose of | 2466 |
treating, caring for, rehabilitating, educating, housing, and | 2467 |
providing assistance for victims of trafficking in persons. The | 2468 |
director of job and family services shall administer the fund. | 2469 |
Sec. 5502.63. (A) The division of criminal justice services | 2470 |
in the department of public safety shall prepare a poster and a | 2471 |
brochure that describe safe firearms practices. The poster and | 2472 |
brochure shall contain typeface that is at least one-quarter inch | 2473 |
tall. The division shall furnish copies of the poster and brochure | 2474 |
free of charge to each federally licensed firearms dealer in this | 2475 |
state. | 2476 |
As used in this | 2477 |
firearms dealer" means an importer, manufacturer, or dealer having | 2478 |
a license to deal in destructive devices or their ammunition, | 2479 |
issued and in effect pursuant to the federal "Gun Control Act of | 2480 |
1968," 82 Stat. 1213, 18 U.S.C. 923 et seq., and any amendments or | 2481 |
additions to that act or reenactments of that act. | 2482 |
(B)(1) The division of criminal justice services shall create | 2483 |
a poster that provides information regarding the national human | 2484 |
trafficking resource center hotline. The poster shall be no | 2485 |
smaller than eight and one-half inches by eleven inches in size | 2486 |
and shall include a statement in substantially the following form: | 2487 |
"If you or someone you know is being forced to engage in any | 2488 |
activity and cannot leave – whether it is commercial sex, | 2489 |
housework, farm work, or any other activity – call the National | 2490 |
Human Trafficking Resource Center Hotline at 1-888-373-7888 to | 2491 |
access help and services. | 2492 |
Victims of human trafficking are protected under U.S. and | 2493 |
Ohio law. | 2494 |
The toll-free Hotline is: | 2495 |
- Available 24 hours a day, 7 days a week | 2496 |
- Operated by a non-profit, non-governmental organization | 2497 |
- Anonymous & confidential | 2498 |
- Accessible in 170 languages | 2499 |
- Able to provide help, referral to services, training, | 2500 |
and general information." | 2501 |
The statement shall appear on each poster in English, | 2502 |
Spanish, and, for each county, any other language required for | 2503 |
voting materials in that county under section 1973aa-1a of the | 2504 |
"Voting Rights Act of 1965," 79 Stat. 437, 42 U.S.C. 1973, as | 2505 |
amended. | 2506 |
(2) The division shall make the poster available for print on | 2507 |
its public web site and shall make the poster available to and | 2508 |
encourage its display at each of the following places: | 2509 |
(a) A highway truck stop; | 2510 |
(b) A hotel, as defined in section 3731.01 of the Revised | 2511 |
Code; | 2512 |
(c) An adult entertainment establishment, as defined in | 2513 |
section 2907.39 of the Revised Code; | 2514 |
(d) A beauty salon, as defined in section 4713.01 of the | 2515 |
Revised Code; | 2516 |
(e) An agricultural labor camp, as defined in section 3733.41 | 2517 |
of the Revised Code; | 2518 |
(f) A hospital or urgent care center; | 2519 |
(g) Any place where there is occurring a contest for the | 2520 |
championship of a division, conference, or league of a | 2521 |
professional athletic association or of a national collegiate | 2522 |
athletic association division I intercollegiate sport or where | 2523 |
there is occurring an athletic competition at which cash prizes | 2524 |
are awarded to individuals or teams; | 2525 |
(h) Any establishment operating as a massage parlor, massage | 2526 |
spa, alternative health clinic, or similar entity by persons who | 2527 |
do not hold a valid certificate from the state medical board to | 2528 |
practice massage therapy under Chapter 4731. of the Revised Code; | 2529 |
(i) A fair. | 2530 |
(3) As used in this section: | 2531 |
(a) "Fair" means the annual exposition conducted by any | 2532 |
county or independent agricultural society or the Ohio expositions | 2533 |
commission. | 2534 |
(b) "Highway truck stop" means a gas station with a sign that | 2535 |
is visible from a highway, as defined in section 5501.01 of the | 2536 |
Revised Code, that offers amenities to commercial vehicles. | 2537 |
Section 2. That existing sections 109.73, 2151.358, 2152.021, | 2538 |
2743.60, 2905.32, 2907.04, 2921.32, 2923.31, 2929.13, 2950.01, | 2539 |
2981.12, and 5502.63 of the Revised Code are hereby repealed. | 2540 |
Section 3. This act is hereby declared to be an emergency | 2541 |
measure necessary for the immediate preservation of the public | 2542 |
peace, health, and safety. The reasons for such necessity are the | 2543 |
continuing abuse of children by human traffickers and the need to | 2544 |
ensure that minor victims of human trafficking receive help to | 2545 |
overcome their victimization. Therefore, this act shall go into | 2546 |
immediate effect. | 2547 |