As Reported by the House Judiciary and Ethics Committee

129th General Assembly
Regular Session
2011-2012
Sub. H. B. No. 262


Representative Fedor 

Cosponsors: Representatives Antonio, Boyd, Combs, Derickson, Garland, Hagan, R., Murray, O'Brien, Okey, Patmon, Pillich, Slesnick, Stebelton, Stinziano, Williams, Yuko, Fende, Celeste, Szollosi, Heard, Clyde, Reece, Phillips, Barnes, Gerberry, Foley, Ashford, Goyal, Milkovich, Ramos, Gentile, Sykes, Schuring, Letson, Bubp, Butler, Conditt, Huffman, Lynch, Pelanda, Scherer 



A BILL
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


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

       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) In a prosecution under this section, proof that the 819
defendant engaged in sexual activity with any person, or solicited 820
sexual activity with any person, whether or not for hire, without 821
more, does not constitute a violation of this section.822

       (D) A prosecution for a violation of this section does not 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. However, 828
if an offender is convicted of or pleads guilty to a violation of 829
this section and also is convicted of or pleads guilty to any 830
other offense based on the same conduct involving the same victim 831
that was the basis of the violation of this section, the two 832
offenses are allied offenses of similar import under section 833
2941.25 of the Revised Code. 834

       (E)(D) Whoever violates this section is guilty of trafficking 835
in persons, a felony of the secondfirst degree. Notwithstanding 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 thirdsecond degree.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

       (g) Any violation of section 2905.32 of the Revised Code to 1105
the extent the violation is not based solely on the same conduct 1106
that constitutes corrupt activity pursuant to division (I)(2)(c) 1107
of this section due to the conduct being in violation of section 1108
2907.21 of the Revised Code. 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), or (10), or (11)1788
of this section;1789

       (12)(13) Any attempt to commit, conspiracy to commit, or 1790
complicity in committing any offense listed in division (A)(1), 1791
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11), or (12) of 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), or (f), or (g) of this section;1932

       (h)(i) Any attempt to commit, conspiracy to commit, or 1933
complicity in committing any offense listed in division (F)(1)(a), 1934
(b), (c), (d), (e), (f), or (g), or (h) of this section;1935

       (i)(j) Any sexually oriented offense that is committed after 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 sectiondivision, "federally licensed 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 week2496

           - Operated by a non-profit, non-governmental organization2497

          - Anonymous & confidential2498

          - Accessible in 170 languages2499

          - 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