As Reported by the Senate Judiciary 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, Adams, R., Amstutz, Baker, Beck, Blair, Boose, Boyce, Brenner, Buchy, Budish, Carney, Celebrezze, Cera, Damschroder, DeVitis, Dovilla, Driehaus, Duffey, Gardner, Goodwin, Grossman, Hackett, Hagan, C., Hall, Hayes, Henne, Hill, Hottinger, Johnson, Kozlowski, Landis, Luckie, Lundy, Maag, Mallory, Martin, McClain, McGregor, Newbold, Roegner, Rosenberger, Ruhl, Sears, Slaby, M., Smith, Sprague, Stautberg, Terhar, Thompson, Uecker, Winburn, Young Speaker Batchelder 

Senators Wagoner, Oelslager, LaRose, Obhof, Turner 

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A BILL

To amend sections 109.73, 2151.358, 2152.021,

1

2743.60, 2905.32, 2907.07, 2907.23, 2921.32,

2

2923.31, 2929.13, 2950.01, 2953.321, 2953.35,

3

2981.12, and 5502.63 and to enact sections 109.66,

4

109.745, 109.746, 2307.51, 2953.38, 4743.07, and

5

5101.87 of the Revised Code to require the

6

Attorney General annually to publish statistical

7

data on human trafficking cases in Ohio, to

8

provide for peace officer training and public

9

awareness programs relative to human trafficking,

10

to authorize a juvenile court to hold a delinquent

11

child complaint in abeyance pending the child's

12

completion of diversion actions if the alleged

13

delinquent child is charged with

14

prostitution-related conduct or is a victim of

15

trafficking in persons, to ensure that minor

16

victims of trafficking in persons are not

17

prohibited from receiving awards from the Victims

18

of Crime Fund, to increase the penalties for

19

trafficking in persons and obstruction of justice,

20

to prohibit a person from soliciting another to

21

engage in sexual conduct with the offender when

22

the other person is sixteen or seventeen years of

23

age and a victim of trafficking in persons, to

24

increase the penalty for procuring in certain

25

circumstances, to require offenders convicted of

26

promoting prostitution or of trafficking in

27

persons under certain circumstances to register as

28

sex offenders, to authorize a person convicted of

29

or 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, 2907.07, 2907.23, 2921.32, 2923.31, 2929.13, 2950.01,	45
2953.321, 2953.35, 2981.12, and 5502.63 be amended and sections	46
109.66, 109.745, 109.746, 2307.51, 2953.38, 4743.07, and 5101.87	47
of the Revised Code be enacted to 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 recommendations that	617
are in the best interest of the child to the court.	618

(4) If after a hearing the court decides to hold the	619
complaint in abeyance, the court may make any orders regarding	620
placement, services, supervision, diversion actions, and	621
conditions of abeyance, including, but not limited to, engagement	622
in trauma-based behavioral health services or education	623
activities, that the court considers appropriate and in the best	624
interest of the child. The court may hold the complaint in	625
abeyance for up to ninety days while the child engages in	626
diversion actions. If the child violates the conditions of	627
abeyance or does not complete the diversion actions to the court's	628
satisfaction within ninety days, the court may extend the period	629
of abeyance for not more than two additional ninety-day periods.	630

(5) If the court holds the complaint in abeyance and the	631
child complies with the conditions of abeyance and completes the	632
diversion actions to the court's satisfaction, the court shall	633
dismiss the complaint and order that the records pertaining to the	634
case be expunged immediately. If the child fails to complete the	635
diversion actions to the court's satisfaction, the court shall	636
proceed upon the complaint.	637

Sec. 2307.51. (A) A victim of a violation of section 2905.32	638
of the Revised Code has and may commence a civil cause of action	639
for compensatory and punitive damages against the trafficker for	640
harm that resulted from the violation of section 2905.32 of the	641
Revised Code.	642

(B) The cause of action created by this section is in	643
addition to any other cause of action available under statutory or	644
common law.	645

Sec. 2743.60.  (A) The attorney general, a court of claims	646
panel of commissioners, or a judge of the court of claims shall	647
not make or order an award of reparations to a claimant if the	648
criminally injurious conduct upon which the claimant bases a claim	649
never was reported to a law enforcement officer or agency.	650

(B)(1) The attorney general, a panel of commissioners, or a	651
judge of the court of claims shall not make or order an award of	652
reparations to a claimant if any of the following apply:	653

(a) The claimant is the offender or an accomplice of the	654
offender who committed the criminally injurious conduct, or the	655
award would unjustly benefit the offender or accomplice.	656

(b) Except as provided in division (B)(2) of this section,	657
both of the following apply:	658

(i) The victim was a passenger in a motor vehicle and knew or	659
reasonably should have known that the driver was under the	660
influence of alcohol, a drug of abuse, or both.	661

(ii) The claimant is seeking compensation for injuries	662
proximately caused by the driver described in division	663
(B)(1)(b)(i) of this section being under the influence of alcohol,	664
a drug of abuse, or both.	665

(c) Both of the following apply:

666

(i) The victim was under the influence of alcohol, a drug of	667
abuse, or both and was a passenger in a motor vehicle and, if	668
sober, should have reasonably known that the driver was under the	669
influence of alcohol, a drug of abuse, or both.	670

(ii) The claimant is seeking compensation for injuries	671
proximately caused by the driver described in division	672
(B)(1)(b)(i) of this section being under the influence of alcohol,	673
a drug of abuse, or both.	674

(2) Division (B)(1)(b) of this section does not apply if on	675
the date of the occurrence of the criminally injurious conduct,	676
the victim was under sixteen years of age or was at least sixteen	677
years of age but less than eighteen years of age and was riding	678
with a parent, guardian, or care-provider.	679

(C) The attorney general, a panel of commissioners, or a	680
judge of the court of claims, upon a finding that the claimant or	681
victim has not fully cooperated with appropriate law enforcement	682
agencies, may deny a claim or reconsider and reduce an award of	683
reparations.	684

(D) The attorney general, a panel of commissioners, or a	685
judge of the court of claims shall reduce an award of reparations	686
or deny a claim for an award of reparations that is otherwise	687
payable to a claimant to the extent that the economic loss upon	688
which the claim is based is recouped from other persons, including	689
collateral sources. If an award is reduced or a claim is denied	690
because of the expected recoupment of all or part of the economic	691
loss of the claimant from a collateral source, the amount of the	692
award or the denial of the claim shall be conditioned upon the	693
claimant's economic loss being recouped by the collateral source.	694
If the award or denial is conditioned upon the recoupment of the	695
claimant's economic loss from a collateral source and it is	696
determined that the claimant did not unreasonably fail to present	697
a timely claim to the collateral source and will not receive all	698
or part of the expected recoupment, the claim may be reopened and	699
an award may be made in an amount equal to the amount of expected	700
recoupment that it is determined the claimant will not receive	701
from the collateral source.	702

If the claimant recoups all or part of the economic loss upon	703
which the claim is based from any other person or entity,	704
including a collateral source, the attorney general may recover	705
pursuant to section 2743.72 of the Revised Code the part of the	706
award that represents the economic loss for which the claimant	707
received the recoupment from the other person or entity.	708

(E)(1) Except as otherwise provided in division (E)(2) of	709
this section, the attorney general, a panel of commissioners, or a	710
judge of the court of claims shall not make an award to a claimant	711
if any of the following applies:	712

(a) The victim was convicted of a felony within ten years	713
prior to the criminally injurious conduct that gave rise to the	714
claim or is convicted of a felony during the pendency of the	715
claim.	716

(b) The claimant was convicted of a felony within ten years	717
prior to the criminally injurious conduct that gave rise to the	718
claim or is convicted of a felony during the pendency of the	719
claim.	720

(c) It is proved by a preponderance of the evidence that the	721
victim or the claimant engaged, within ten years prior to the	722
criminally injurious conduct that gave rise to the claim or during	723
the pendency of the claim, in an offense of violence, a violation	724
of section 2925.03 of the Revised Code, or any substantially	725
similar offense that also would constitute a felony under the laws	726
of this state, another state, or the United States.	727

(d) The claimant was convicted of a violation of section	728
2919.22 or 2919.25 of the Revised Code, or of any state law or	729
municipal ordinance substantially similar to either section,	730
within ten years prior to the criminally injurious conduct that	731
gave rise to the claim or during the pendency of the claim.	732

(e) It is proved by a preponderance of the evidence that the	733
victim at the time of the criminally injurious conduct that gave	734
rise to the claim engaged in conduct that was a felony violation	735
of section 2925.11 of the Revised Code or engaged in any	736
substantially similar conduct that would constitute a felony under	737
the laws of this state, another state, or the United States.	738

(2) The attorney general, a panel of commissioners, or a	739
judge of the court of claims may make an award to a minor	740
dependent of a deceased victim for dependent's economic loss or	741
for counseling pursuant to division (F)(2) of section 2743.51 of	742
the Revised Code if the minor dependent is not ineligible under	743
division (E)(1) of this section due to the minor dependent's	744
criminal history and if the victim was not killed while engaging	745
in illegal conduct that contributed to the criminally injurious	746
conduct that gave rise to the claim. For purposes of this section,	747
the use of illegal drugs by the deceased victim shall not be	748
deemed to have contributed to the criminally injurious conduct	749
that gave rise to the claim.	750

(F) In determining whether to make an award of reparations	751
pursuant to this section, the attorney general or panel of	752
commissioners shall consider whether there was contributory	753
misconduct by the victim or the claimant. The attorney general, a	754
panel of commissioners, or a judge of the court of claims shall	755
reduce an award of reparations or deny a claim for an award of	756
reparations to the extent it is determined to be reasonable	757
because of the contributory misconduct of the claimant or the	758
victim.	759

When the attorney general decides whether a claim should be	760
denied because of an allegation of contributory misconduct, the	761
burden of proof on the issue of that alleged contributory	762
misconduct shall be upon the claimant, if either of the following	763
apply:	764

(1) The victim was convicted of a felony more than ten years	765
prior to the criminally injurious conduct that is the subject of	766
the claim or has a record of felony arrests under the laws of this	767
state, another state, or the United States.	768

(2) There is good cause to believe that the victim engaged in	769
an ongoing course of criminal conduct within five years or less of	770
the criminally injurious conduct that is the subject of the claim.	771

(G) The attorney general, a panel of commissioners, or a	772
judge of the court of claims shall not make an award of	773
reparations to a claimant if the criminally injurious conduct that	774
caused the injury or death that is the subject of the claim	775
occurred to a victim who was an adult and while the victim, after	776
being convicted of or pleading guilty to an offense, was serving a	777
sentence of imprisonment in any detention facility, as defined in	778
section 2921.01 of the Revised Code.	779

(H) If a claimant unreasonably fails to present a claim	780
timely to a source of benefits or advantages that would have been	781
a collateral source and that would have reimbursed the claimant	782
for all or a portion of a particular expense, the attorney	783
general, a panel of commissioners, or a judge of the court of	784
claims may reduce an award of reparations or deny a claim for an	785
award of reparations to the extent that it is reasonable to do so.	786

(I) Reparations payable to a victim and to all other	787
claimants sustaining economic loss because of injury to or the	788
death of that victim shall not exceed fifty thousand dollars in	789
the aggregate. If the attorney general, a panel of commissioners,	790
or a judge of the court of claims reduces an award under division	791
(F) of this section, the maximum aggregate amount of reparations	792
payable under this division shall be reduced proportionately to	793
the reduction under division (F) of this section.	794

(J) Nothing in this section shall be construed to prohibit an	795
award to a claimant whose claim is based on the claimant's being a	796
victim of a violation of section 2905.32 of the Revised Code if	797
the claimant was less than eighteen years of age when the	798
criminally injurious conduct occurred.	799

Sec. 2905.32. (A) No person shall knowingly recruit, lure,	800
entice, isolate, harbor, transport, provide, obtain, or maintain,	801
or knowingly attempt to recruit, lure, entice, isolate, harbor,	802
transport, provide, obtain, or maintain, another person knowing	803
that the person will be subjected to involuntary servitude or be	804
compelled to engage in sexual activity for hire, engage in a	805
performance that is obscene, sexually oriented, or nudity	806
oriented, or be a model or participant in the production of	807
material that is obscene, sexually oriented, or nudity oriented.	808

(B) For a prosecution under this section, the element	809
"compelled" does not require that the compulsion be openly	810
displayed or physically exerted. The element "compelled" has been	811
established if the state proves that the victim's will was	812
overcome by force, fear, duress, or intimidation.	813

(C) In a prosecution under this section, proof that the	814
defendant engaged in sexual activity with any person, or solicited	815
sexual activity with any person, whether or not for hire, without	816
more, does not constitute a violation of this section.	817

(D) A prosecution for a violation of this section does not	818
preclude a prosecution of a violation of any other section of the	819
Revised Code. One or more acts, a series of acts, or a course of	820
behavior that can be prosecuted under this section or any other	821
section of the Revised Code may be prosecuted under this section,	822
the other section of the Revised Code, or both sections. However,	823
if an offender is convicted of or pleads guilty to a violation of	824
this section and also is convicted of or pleads guilty to any	825
other offensea violation of section 2907.21 of the Revised Code	826
based on the same conduct involving the same victim that was the	827
basis of the violation of this section, or is convicted of or	828
pleads guilty to any other violation of Chapter 2907. of the	829
Revised Code based on the same conduct involving the same victim	830
that was the basis of the violation of this section, the two	831
offenses are allied offenses of similar import under section	832
2941.25 of the Revised Code.	833

(E) Whoever violates this section is guilty of trafficking in	834
persons, a felony of the secondfirst degree. Notwithstanding	835
division (A)(1) of section 2929.14 of the Revised Code, the court	836
shall sentence the offender to a definite prison term of ten,	837
eleven, twelve, thirteen, fourteen, or fifteen years.	838

Sec. 2907.07.  (A) No person shall solicit a person who is	839
less than thirteen years of age to engage in sexual activity with	840
the offender, whether or not the offender knows the age of such	841
person.	842

(B)(1) No person shall solicit another, not the spouse of the	843
offender, to engage in sexual conduct with the offender, when the	844
offender is eighteen years of age or older and four or more years	845
older than the other person, and the other person is thirteen	846
years of age or older but less than sixteen years of age, whether	847
or not the offender knows the age of the other person.	848

(2) No person shall solicit another, not the spouse of the	849
offender, to engage in sexual conduct with the offender, when the	850
offender is eighteen years of age or older and four or more years	851
older than the other person, the other person is sixteen or	852
seventeen years of age and a victim of a violation of section	853
2905.32 of the Revised Code, and the offender knows or has	854
reckless disregard of the age of the other person.	855

(C) No person shall solicit another by means of a	856
telecommunications device, as defined in section 2913.01 of the	857
Revised Code, to engage in sexual activity with the offender when	858
the offender is eighteen years of age or older and either of the	859
following applies:	860

(1) The other person is less than thirteen years of age, and	861
the offender knows that the other person is less than thirteen	862
years of age or is reckless in that regard.	863

(2) The other person is a law enforcement officer posing as a	864
person who is less than thirteen years of age, and the offender	865
believes that the other person is less than thirteen years of age	866
or is reckless in that regard.	867

(D) No person shall solicit another by means of a	868
telecommunications device, as defined in section 2913.01 of the	869
Revised Code, to engage in sexual activity with the offender when	870
the offender is eighteen years of age or older and either of the	871
following applies:	872

(1) The other person is thirteen years of age or older but	873
less than sixteen years of age, the offender knows that the other	874
person is thirteen years of age or older but less than sixteen	875
years of age or is reckless in that regard, and the offender is	876
four or more years older than the other person.	877

(2) The other person is a law enforcement officer posing as a	878
person who is thirteen years of age or older but less than sixteen	879
years of age, the offender believes that the other person is	880
thirteen years of age or older but less than sixteen years of age	881
or is reckless in that regard, and the offender is four or more	882
years older than the age the law enforcement officer assumes in	883
posing as the person who is thirteen years of age or older but	884
less than sixteen years of age.	885

(E) Divisions (C) and (D) of this section apply to any	886
solicitation that is contained in a transmission via a	887
telecommunications device that either originates in this state or	888
is received in this state.	889

(F)(1) Whoever violates this section is guilty of	890
importuning.	891

(2) Except as otherwise provided in this division, a	892
violation of division (A) or (C) of this section is a felony of	893
the third degree on a first offense, and, notwithstanding division	894
(C) of section 2929.13 of the Revised Code, there is a presumption	895
that a prison term shall be imposed as described in division (D)	896
of section 2929.13 of the Revised Code. If the offender previously	897
has been convicted of a sexually oriented offense or a	898
child-victim oriented offense, a violation of division (A) or (C)	899
of this section is a felony of the second degree, and the court	900
shall impose upon the offender as a mandatory prison term one of	901
the prison terms prescribed in section 2929.14 of the Revised Code	902
for a felony of the second degree.	903

(3) A violation of division (B) or (D) of this section is a	904
felony of the fifth degree on a first offense, and,	905
notwithstanding division (B) of section 2929.13 of the Revised	906
Code, there is a presumption that a prison term shall be imposed	907
as described in division (D) of section 2929.13 of the Revised	908
Code. If the offender previously has been convicted of a sexually	909
oriented offense or a child-victim oriented offense, a violation	910
of division (B) or (D) of this section is a felony of the fourth	911
degree, and the court shall impose upon the offender as a	912
mandatory prison term one of the prison terms prescribed in	913
section 2929.14 of the Revised Code for a felony of the fourth	914
degree that is not less than twelve months in duration.	915

Sec. 2907.23.  (A) No person, knowingly and for gain, shall	916
do either of the following:	917

(1) Entice or solicit another to patronize a prostitute or	918
brothel;	919

(2) Procure a prostitute for another to patronize, or take or	920
direct another at his or herthe other's request to any place for	921
the purpose of patronizing a prostitute.	922

(B) No person, having authority or responsibility over the	923
use of premises, shall knowingly permit such premises to be used	924
for the purpose of engaging in sexual activity for hire.	925

(C) Whoever violates this section is guilty of procuring,.	926
Except as otherwise provided in this division, procuring is a	927
misdemeanor of the first degree. If the prostitute who is	928
procured, patronized, or otherwise involved in a violation of	929
division (A)(2) of this section is under sixteen years of age at	930
the time of the violation, regardless of whether the offender who	931
violates division (A)(2) of this section knows the prostitute's	932
age, or if a prostitute who engages in sexual activity for hire in	933
premises used in violation of division (B) of this section is	934
under sixteen years of age at the time of the violation,	935
regardless of whether the offender who violates division (B) of	936
this section knows the prostitute's age, procuring is a felony of	937
the fourth degree. If the prostitute who is procured, patronized,	938
or otherwise involved in a violation of division (A)(2) of this	939
section is sixteen or seventeen years of age at the time of the	940
violation or if a prostitute who engages in sexual activity for	941
hire in premises used in violation of division (B) of this section	942
is sixteen or seventeen years of age at the time of the violation,	943
procuring is a felony of the fifth degree.	944

Sec. 2921.32.  (A) No person, with purpose to hinder the	945
discovery, apprehension, prosecution, conviction, or punishment of	946
another for crime or to assist another to benefit from the	947
commission of a crime, and no person, with purpose to hinder the	948
discovery, apprehension, prosecution, adjudication as a delinquent	949
child, or disposition of a child for an act that if committed by	950
an adult would be a crime or to assist a child to benefit from the	951
commission of an act that if committed by an adult would be a	952
crime, shall do any of the following:	953

(1) Harbor or conceal the other person or child;

954

(2) Provide the other person or child with money,	955
transportation, a weapon, a disguise, or other means of avoiding	956
discovery or apprehension;	957

(3) Warn the other person or child of impending discovery or	958
apprehension;	959

(4) Destroy or conceal physical evidence of the crime or act,	960
or induce any person to withhold testimony or information or to	961
elude legal process summoning the person to testify or supply	962
evidence;	963

(5) Communicate false information to any person;

964

(6) Prevent or obstruct any person, by means of force,	965
intimidation, or deception, from performing any act to aid in the	966
discovery, apprehension, or prosecution of the other person or	967
child.	968

(B) A person may be prosecuted for, and may be convicted of	969
or adjudicated a delinquent child for committing, a violation of	970
division (A) of this section regardless of whether the person or	971
child aided ultimately is apprehended for, is charged with, is	972
convicted of, pleads guilty to, or is adjudicated a delinquent	973
child for committing the crime or act the person or child aided	974
committed. The crime or act the person or child aided committed	975
shall be used under division (C) of this section in determining	976
the penalty for the violation of division (A) of this section,	977
regardless of whether the person or child aided ultimately is	978
apprehended for, is charged with, is convicted of, pleads guilty	979
to, or is adjudicated a delinquent child for committing the crime	980
or act the person or child aided committed.	981

(C)(1) Whoever violates this section is guilty of obstructing	982
justice.	983

(2) If the crime committed by the person aided is a	984
misdemeanor or if the act committed by the child aided would be a	985
misdemeanor if committed by an adult, obstructing justice is a	986
misdemeanor of the same degree as the crime committed by the	987
person aided or a misdemeanor of the same degree that the act	988
committed by the child aided would be if committed by an adult.	989

(3) Except as otherwise provided in divisions (C)(4) and,	990
(5), and (6) of this section, if the crime committed by the person	991
aided is a felony or if the act committed by the child aided would	992
be a felony if committed by an adult, obstructing justice is a	993
felony of the fifth degree.	994

(4) IfExcept as otherwise provided in division (C)(6) of	995
this section, if the crime committed by the person aided is	996
aggravated murder, murder, or a felony of the first or second	997
degree or if the act committed by the child aided would be one of	998
those offenses if committed by an adult and if the offender knows	999
or has reason to believe that the crime committed by the person	1000
aided is one of those offenses or that the act committed by the	1001
child aided would be one of those offenses if committed by an	1002
adult, obstructing justice is a felony of the third degree.	1003

(5) If the crime or act committed by the person or child	1004
aided is an act of terrorism, obstructing justice is one of the	1005
following:	1006

(a) Except as provided in division (C)(5)(b) of this section,	1007
a felony of the second degree;	1008

(b) If the act of terrorism resulted in the death of a person	1009
who was not a participant in the act of terrorism, a felony of the	1010
first degree.	1011

(6) If the crime committed by the person is trafficking in	1012
persons or if the act committed by the child aided would be	1013
trafficking in persons if committed by an adult, obstructing	1014
justice is a felony of the second degree.	1015

(D) As used in this section:

1016

(1) "Adult" and "child" have the same meanings as in section	1017
2151.011 of the Revised Code.	1018

(2) "Delinquent child" has the same meaning as in section	1019
2152.02 of the Revised Code.	1020

(3) "Act of terrorism" has the same meaning as in section	1021
2909.21 of the Revised Code.	1022

Sec. 2923.31.  As used in sections 2923.31 to 2923.36 of the	1023
Revised Code:	1024

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

1025

(1) The interest of a person as a beneficiary under a trust	1026
in which the trustee holds title to personal or real property;	1027

(2) The interest of a person as a beneficiary under any other	1028
trust arrangement under which any other person holds title to	1029
personal or real property for the benefit of such person;	1030

(3) The interest of a person under any other form of express	1031
fiduciary arrangement under which any other person holds title to	1032
personal or real property for the benefit of such person.	1033

"Beneficial interest" does not include the interest of a	1034
stockholder in a corporation or the interest of a partner in	1035
either a general or limited partnership.	1036

(B) "Costs of investigation and prosecution" and "costs of	1037
investigation and litigation" mean all of the costs incurred by	1038
the state or a county or municipal corporation under sections	1039
2923.31 to 2923.36 of the Revised Code in the prosecution and	1040
investigation of any criminal action or in the litigation and	1041
investigation of any civil action, and includes, but is not	1042
limited to, the costs of resources and personnel.	1043

(C) "Enterprise" includes any individual, sole	1044
proprietorship, partnership, limited partnership, corporation,	1045
trust, union, government agency, or other legal entity, or any	1046
organization, association, or group of persons associated in fact	1047
although not a legal entity. "Enterprise" includes illicit as well	1048
as licit enterprises.	1049

(D) "Innocent person" includes any bona fide purchaser of	1050
property that is allegedly involved in a violation of section	1051
2923.32 of the Revised Code, including any person who establishes	1052
a valid claim to or interest in the property in accordance with	1053
division (E) of section 2981.04 of the Revised Code, and any	1054
victim of an alleged violation of that section or of any	1055
underlying offense involved in an alleged violation of that	1056
section.	1057

(E) "Pattern of corrupt activity" means two or more incidents	1058
of corrupt activity, whether or not there has been a prior	1059
conviction, that are related to the affairs of the same	1060
enterprise, are not isolated, and are not so closely related to	1061
each other and connected in time and place that they constitute a	1062
single event.	1063

At least one of the incidents forming the pattern shall occur	1064
on or after January 1, 1986. Unless any incident was an aggravated	1065
murder or murder, the last of the incidents forming the pattern	1066
shall occur within six years after the commission of any prior	1067
incident forming the pattern, excluding any period of imprisonment	1068
served by any person engaging in the corrupt activity.	1069

For the purposes of the criminal penalties that may be	1070
imposed pursuant to section 2923.32 of the Revised Code, at least	1071
one of the incidents forming the pattern shall constitute a felony	1072
under the laws of this state in existence at the time it was	1073
committed or, if committed in violation of the laws of the United	1074
States or of any other state, shall constitute a felony under the	1075
law of the United States or the other state and would be a	1076
criminal offense under the law of this state if committed in this	1077
state.	1078

(F) "Pecuniary value" means money, a negotiable instrument, a	1079
commercial interest, or anything of value, as defined in section	1080
1.03 of the Revised Code, or any other property or service that	1081
has a value in excess of one hundred dollars.	1082

(G) "Person" means any person, as defined in section 1.59 of	1083
the Revised Code, and any governmental officer, employee, or	1084
entity.	1085

(H) "Personal property" means any personal property, any	1086
interest in personal property, or any right, including, but not	1087
limited to, bank accounts, debts, corporate stocks, patents, or	1088
copyrights. Personal property and any beneficial interest in	1089
personal property are deemed to be located where the trustee of	1090
the property, the personal property, or the instrument evidencing	1091
the right is located.	1092

(I) "Corrupt activity" means engaging in, attempting to	1093
engage in, conspiring to engage in, or soliciting, coercing, or	1094
intimidating another person to engage in any of the following:	1095

(1) Conduct defined as "racketeering activity" under the	1096
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.	1097
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;	1098

(2) Conduct constituting any of the following:

1099

(a) A violation of section 1315.55, 1322.02, 2903.01,	1100
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,	1101
2905.11, 2905.22, 2905.32 as specified in division (I)(2)(g) of	1102
this section, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03,	1103
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	1104
2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31, 2913.05,	1105
2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12, 2921.32,	1106
2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division	1107
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)	1108
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of	1109
section 1707.44; division (A)(1) or (2) of section 2923.20;	1110
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or	1111
4719.06; division (C), (D), or (E) of section 4719.07; section	1112
4719.08; or division (A) of section 4719.09 of the Revised Code.	1113

(b) Any violation of section 3769.11, 3769.15, 3769.16, or	1114
3769.19 of the Revised Code as it existed prior to July 1, 1996,	1115
any violation of section 2915.02 of the Revised Code that occurs	1116
on or after July 1, 1996, and that, had it occurred prior to that	1117
date, would have been a violation of section 3769.11 of the	1118
Revised Code as it existed prior to that date, or any violation of	1119
section 2915.05 of the Revised Code that occurs on or after July	1120
1, 1996, and that, had it occurred prior to that date, would have	1121
been a violation of section 3769.15, 3769.16, or 3769.19 of the	1122
Revised Code as it existed prior to that date.	1123

(c) Any violation of section 2907.21, 2907.22, 2907.31,	1124
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,	1125
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37	1126
of the Revised Code, any violation of section 2925.11 of the	1127
Revised Code that is a felony of the first, second, third, or	1128
fourth degree and that occurs on or after July 1, 1996, any	1129
violation of section 2915.02 of the Revised Code that occurred	1130
prior to July 1, 1996, any violation of section 2915.02 of the	1131
Revised Code that occurs on or after July 1, 1996, and that, had	1132
it occurred prior to that date, would not have been a violation of	1133
section 3769.11 of the Revised Code as it existed prior to that	1134
date, any violation of section 2915.06 of the Revised Code as it	1135
existed prior to July 1, 1996, or any violation of division (B) of	1136
section 2915.05 of the Revised Code as it exists on and after July	1137
1, 1996, when the proceeds of the violation, the payments made in	1138
the violation, the amount of a claim for payment or for any other	1139
benefit that is false or deceptive and that is involved in the	1140
violation, or the value of the contraband or other property	1141
illegally possessed, sold, or purchased in the violation exceeds	1142
one thousand dollars, or any combination of violations described	1143
in division (I)(2)(c) of this section when the total proceeds of	1144
the combination of violations, payments made in the combination of	1145
violations, amount of the claims for payment or for other benefits	1146
that is false or deceptive and that is involved in the combination	1147
of violations, or value of the contraband or other property	1148
illegally possessed, sold, or purchased in the combination of	1149
violations exceeds one thousand dollars;	1150

(d) Any violation of section 5743.112 of the Revised Code	1151
when the amount of unpaid tax exceeds one hundred dollars;	1152

(e) Any violation or combination of violations of section	1153
2907.32 of the Revised Code involving any material or performance	1154
containing a display of bestiality or of sexual conduct, as	1155
defined in section 2907.01 of the Revised Code, that is explicit	1156
and depicted with clearly visible penetration of the genitals or	1157
clearly visible penetration by the penis of any orifice when the	1158
total proceeds of the violation or combination of violations, the	1159
payments made in the violation or combination of violations, or	1160
the value of the contraband or other property illegally possessed,	1161
sold, or purchased in the violation or combination of violations	1162
exceeds one thousand dollars;	1163

(f) Any combination of violations described in division	1164
(I)(2)(c) of this section and violations of section 2907.32 of the	1165
Revised Code involving any material or performance containing a	1166
display of bestiality or of sexual conduct, as defined in section	1167
2907.01 of the Revised Code, that is explicit and depicted with	1168
clearly visible penetration of the genitals or clearly visible	1169
penetration by the penis of any orifice when the total proceeds of	1170
the combination of violations, payments made in the combination of	1171
violations, amount of the claims for payment or for other benefits	1172
that is false or deceptive and that is involved in the combination	1173
of violations, or value of the contraband or other property	1174
illegally possessed, sold, or purchased in the combination of	1175
violations exceeds one thousand dollars;	1176

(g) Any violation of section 2905.32 of the Revised Code to	1177
the extent the violation is not based solely on the same conduct	1178
that constitutes corrupt activity pursuant to division (I)(2)(c)	1179
of this section due to the conduct being in violation of section	1180
2907.21 of the Revised Code.	1181

(3) Conduct constituting a violation of any law of any state	1182
other than this state that is substantially similar to the conduct	1183
described in division (I)(2) of this section, provided the	1184
defendant was convicted of the conduct in a criminal proceeding in	1185
the other state;	1186

(4) Animal or ecological terrorism;

1187

(5)(a) Conduct constituting any of the following:

1188

(i) Organized retail theft;

1189

(ii) Conduct that constitutes one or more violations of any	1190
law of any state other than this state, that is substantially	1191
similar to organized retail theft, and that if committed in this	1192
state would be organized retail theft, if the defendant was	1193
convicted of or pleaded guilty to the conduct in a criminal	1194
proceeding in the other state.	1195

(b) By enacting division (I)(5)(a) of this section, it is the	1196
intent of the general assembly to add organized retail theft and	1197
the conduct described in division (I)(5)(a)(ii) of this section as	1198
conduct constituting corrupt activity. The enactment of division	1199
(I)(5)(a) of this section and the addition by division (I)(5)(a)	1200
of this section of organized retail theft and the conduct	1201
described in division (I)(5)(a)(ii) of this section as conduct	1202
constituting corrupt activity does not limit or preclude, and	1203
shall not be construed as limiting or precluding, any prosecution	1204
for a violation of section 2923.32 of the Revised Code that is	1205
based on one or more violations of section 2913.02 or 2913.51 of	1206
the Revised Code, one or more similar offenses under the laws of	1207
this state or any other state, or any combination of any of those	1208
violations or similar offenses, even though the conduct	1209
constituting the basis for those violations or offenses could be	1210
construed as also constituting organized retail theft or conduct	1211
of the type described in division (I)(5)(a)(ii) of this section.	1212

(J) "Real property" means any real property or any interest	1213
in real property, including, but not limited to, any lease of, or	1214
mortgage upon, real property. Real property and any beneficial	1215
interest in it is deemed to be located where the real property is	1216
located.	1217

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

1218

(1) Any person acting as trustee under a trust in which the	1219
trustee holds title to personal or real property;	1220

(2) Any person who holds title to personal or real property	1221
for which any other person has a beneficial interest;	1222

(3) Any successor trustee.

1223

"Trustee" does not include an assignee or trustee for an	1224
insolvent debtor or an executor, administrator, administrator with	1225
the will annexed, testamentary trustee, guardian, or committee,	1226
appointed by, under the control of, or accountable to a court.	1227

(L) "Unlawful debt" means any money or other thing of value	1228
constituting principal or interest of a debt that is legally	1229
unenforceable in this state in whole or in part because the debt	1230
was incurred or contracted in violation of any federal or state	1231
law relating to the business of gambling activity or relating to	1232
the business of lending money at an usurious rate unless the	1233
creditor proves, by a preponderance of the evidence, that the	1234
usurious rate was not intentionally set and that it resulted from	1235
a good faith error by the creditor, notwithstanding the	1236
maintenance of procedures that were adopted by the creditor to	1237
avoid an error of that nature.	1238

(M) "Animal activity" means any activity that involves the	1239
use of animals or animal parts, including, but not limited to,	1240
hunting, fishing, trapping, traveling, camping, the production,	1241
preparation, or processing of food or food products, clothing or	1242
garment manufacturing, medical research, other research,	1243
entertainment, recreation, agriculture, biotechnology, or service	1244
activity that involves the use of animals or animal parts.	1245

(N) "Animal facility" means a vehicle, building, structure,	1246
nature preserve, or other premises in which an animal is lawfully	1247
kept, handled, housed, exhibited, bred, or offered for sale,	1248
including, but not limited to, a zoo, rodeo, circus, amusement	1249
park, hunting preserve, or premises in which a horse or dog event	1250
is held.	1251

(O) "Animal or ecological terrorism" means the commission of	1252
any felony that involves causing or creating a substantial risk of	1253
physical harm to any property of another, the use of a deadly	1254
weapon or dangerous ordnance, or purposely, knowingly, or	1255
recklessly causing serious physical harm to property and that	1256
involves an intent to obstruct, impede, or deter any person from	1257
participating in a lawful animal activity, from mining, foresting,	1258
harvesting, gathering, or processing natural resources, or from	1259
being lawfully present in or on an animal facility or research	1260
facility.	1261

(P) "Research facility" means a place, laboratory,	1262
institution, medical care facility, government facility, or public	1263
or private educational institution in which a scientific test,	1264
experiment, or investigation involving the use of animals or other	1265
living organisms is lawfully carried out, conducted, or attempted.	1266

(Q) "Organized retail theft" means the theft of retail	1267
property with a retail value of one thousand dollars or more from	1268
one or more retail establishments with the intent to sell,	1269
deliver, or transfer that property to a retail property fence.	1270

(R) "Retail property" means any tangible personal property	1271
displayed, held, stored, or offered for sale in or by a retail	1272
establishment.	1273

(S) "Retail property fence" means a person who possesses,	1274
procures, receives, or conceals retail property that was	1275
represented to the person as being stolen or that the person knows	1276
or believes to be stolen.	1277

(T) "Retail value" means the full retail value of the retail	1278
property. In determining whether the retail value of retail	1279
property equals or exceeds one thousand dollars, the value of all	1280
retail property stolen from the retail establishment or retail	1281
establishments by the same person or persons within any	1282
one-hundred-eighty-day period shall be aggregated.	1283

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1284
or (G) of this section and unless a specific sanction is required	1285
to be imposed or is precluded from being imposed pursuant to law,	1286
a court that imposes a sentence upon an offender for a felony may	1287
impose any sanction or combination of sanctions on the offender	1288
that are provided in sections 2929.14 to 2929.18 of the Revised	1289
Code.	1290

If the offender is eligible to be sentenced to community	1291
control sanctions, the court shall consider the appropriateness of	1292
imposing a financial sanction pursuant to section 2929.18 of the	1293
Revised Code or a sanction of community service pursuant to	1294
section 2929.17 of the Revised Code as the sole sanction for the	1295
offense. Except as otherwise provided in this division, if the	1296
court is required to impose a mandatory prison term for the	1297
offense for which sentence is being imposed, the court also shall	1298
impose any financial sanction pursuant to section 2929.18 of the	1299
Revised Code that is required for the offense and may impose any	1300
other financial sanction pursuant to that section but may not	1301
impose any additional sanction or combination of sanctions under	1302
section 2929.16 or 2929.17 of the Revised Code.	1303

If the offender is being sentenced for a fourth degree felony	1304
OVI offense or for a third degree felony OVI offense, in addition	1305
to the mandatory term of local incarceration or the mandatory	1306
prison term required for the offense by division (G)(1) or (2) of	1307
this section, the court shall impose upon the offender a mandatory	1308
fine in accordance with division (B)(3) of section 2929.18 of the	1309
Revised Code and may impose whichever of the following is	1310
applicable:	1311

(1) For a fourth degree felony OVI offense for which sentence	1312
is imposed under division (G)(1) of this section, an additional	1313
community control sanction or combination of community control	1314
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	1315
the court imposes upon the offender a community control sanction	1316
and the offender violates any condition of the community control	1317
sanction, the court may take any action prescribed in division (B)	1318
of section 2929.15 of the Revised Code relative to the offender,	1319
including imposing a prison term on the offender pursuant to that	1320
division.	1321

(2) For a third or fourth degree felony OVI offense for which	1322
sentence is imposed under division (G)(2) of this section, an	1323
additional prison term as described in division (B)(4) of section	1324
2929.14 of the Revised Code or a community control sanction as	1325
described in division (G)(2) of this section.	1326

(B)(1)(a) Except as provided in division (B)(1)(b) of this	1327
section, if an offender is convicted of or pleads guilty to a	1328
felony of the fourth or fifth degree that is not an offense of	1329
violence, the court shall sentence the offender to a community	1330
control sanction of at least one year's duration if all of the	1331
following apply:	1332

(i) The offender previously has not been convicted of or	1333
pleaded guilty to a felony offense or to an offense of violence	1334
that is a misdemeanor and that the offender committed within two	1335
years prior to the offense for which sentence is being imposed.	1336

(ii) The most serious charge against the offender at the time	1337
of sentencing is a felony of the fourth or fifth degree.	1338

(iii) If the court made a request of the department of	1339
rehabilitation and correction pursuant to division (B)(1)(c) of	1340
this section, the department, within the forty-five-day period	1341
specified in that division, provided the court with the names of,	1342
contact information for, and program details of one or more	1343
community control sanctions of at least one year's duration that	1344
are available for persons sentenced by the court.	1345

(b) The court has discretion to impose a prison term upon an	1346
offender who is convicted of or pleads guilty to a felony of the	1347
fourth or fifth degree that is not an offense of violence if any	1348
of the following apply:	1349

(i) The offender committed the offense while having a firearm	1350
on or about the offender's person or under the offender's control.	1351

(ii) The offender caused physical harm to another person	1352
while committing the offense.	1353

(iii) The offender violated a term of the conditions of bond	1354
as set by the court.	1355

(iv) The court made a request of the department of	1356
rehabilitation and correction pursuant to division (B)(1)(c) of	1357
this section, and the department, within the forty-five-day period	1358
specified in that division, did not provide the court with the	1359
name of, contact information for, and program details of any	1360
community control sanction of at least one year's duration that is	1361
available for persons sentenced by the court.	1362

(c) If a court that is sentencing an offender who is	1363
convicted of or pleads guilty to a felony of the fourth or fifth	1364
degree that is not an offense of violence believes that no	1365
community control sanctions are available for its use that, if	1366
imposed on the offender, will adequately fulfill the overriding	1367
principles and purposes of sentencing, the court shall contact the	1368
department of rehabilitation and correction and ask the department	1369
to provide the court with the names of, contact information for,	1370
and program details of one or more community control sanctions of	1371
at least one year's duration that are available for persons	1372
sentenced by the court. Not later than forty-five days after	1373
receipt of a request from a court under this division, the	1374
department shall provide the court with the names of, contact	1375
information for, and program details of one or more community	1376
control sanctions of at least one year's duration that are	1377
available for persons sentenced by the court, if any. Upon making	1378
a request under this division that relates to a particular	1379
offender, a court shall defer sentencing of that offender until it	1380
receives from the department the names of, contact information	1381
for, and program details of one or more community control	1382
sanctions of at least one year's duration that are available for	1383
persons sentenced by the court or for forty-five days, whichever	1384
is the earlier.	1385

If the department provides the court with the names of,	1386
contact information for, and program details of one or more	1387
community control sanctions of at least one year's duration that	1388
are available for persons sentenced by the court within the	1389
forty-five-day period specified in this division, the court shall	1390
impose upon the offender a community control sanction under	1391
division (B)(1)(a) of this section, subject to divisions	1392
(B)(1)(b)(i) and (ii) of this section. If the department does not	1393
provide the court with the names of, contact information for, and	1394
program details of one or more community control sanctions of at	1395
least one year's duration that are available for persons sentenced	1396
by the court within the forty-five-day period specified in this	1397
division, the court may impose upon the offender a prison term	1398
under division (B)(1)(b)(iii) of this section.	1399

(d) A sentencing court may impose an additional penalty under	1400
division (B) of section 2929.15 of the Revised Code upon an	1401
offender sentenced to a community control sanction under division	1402
(B)(1)(a) of this section if the offender violates the conditions	1403
of the community control sanction, violates a law, or leaves the	1404
state without the permission of the court or the offender's	1405
probation officer.	1406

(2) If division (B)(1) of this section does not apply, except	1407
as provided in division (B)(3), (E), (F), or (G) of this section,	1408
in sentencing an offender for a felony of the fourth or fifth	1409
degree, the sentencing court shall determine whether any of the	1410
following apply:	1411

(a) In committing the offense, the offender caused physical	1412
harm to a person.	1413

(b) In committing the offense, the offender attempted to	1414
cause or made an actual threat of physical harm to a person with a	1415
deadly weapon.	1416

(c) In committing the offense, the offender attempted to	1417
cause or made an actual threat of physical harm to a person, and	1418
the offender previously was convicted of an offense that caused	1419
physical harm to a person.	1420

(d) The offender held a public office or position of trust	1421
and the offense related to that office or position; the offender's	1422
position obliged the offender to prevent the offense or to bring	1423
those committing it to justice; or the offender's professional	1424
reputation or position facilitated the offense or was likely to	1425
influence the future conduct of others.	1426

(e) The offender committed the offense for hire or as part of	1427
an organized criminal activity.	1428

(f) The offense is a sex offense that is a fourth or fifth	1429
degree felony violation of section 2907.03, 2907.04, 2907.05,	1430
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	1431
Revised Code.	1432

(g) The offender at the time of the offense was serving, or	1433
the offender previously had served, a prison term.	1434

(h) The offender committed the offense while under a	1435
community control sanction, while on probation, or while released	1436
from custody on a bond or personal recognizance.	1437

(i) The offender committed the offense while in possession of	1438
a firearm.	1439

(3)(a) If the court makes a finding described in division	1440
(B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	1441
section and if the court, after considering the factors set forth	1442
in section 2929.12 of the Revised Code, finds that a prison term	1443
is consistent with the purposes and principles of sentencing set	1444
forth in section 2929.11 of the Revised Code and finds that the	1445
offender is not amenable to an available community control	1446
sanction, the court shall impose a prison term upon the offender.	1447

(b) Except as provided in division (E), (F), or (G) of this	1448
section, if the court does not make a finding described in	1449
division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	1450
this section and if the court, after considering the factors set	1451
forth in section 2929.12 of the Revised Code, finds that a	1452
community control sanction or combination of community control	1453
sanctions is consistent with the purposes and principles of	1454
sentencing set forth in section 2929.11 of the Revised Code, the	1455
court shall impose a community control sanction or combination of	1456
community control sanctions upon the offender.	1457

(C) Except as provided in division (D), (E), (F), or (G) of	1458
this section, in determining whether to impose a prison term as a	1459
sanction for a felony of the third degree or a felony drug offense	1460
that is a violation of a provision of Chapter 2925. of the Revised	1461
Code and that is specified as being subject to this division for	1462
purposes of sentencing, the sentencing court shall comply with the	1463
purposes and principles of sentencing under section 2929.11 of the	1464
Revised Code and with section 2929.12 of the Revised Code.	1465

(D)(1) Except as provided in division (E) or (F) of this	1466
section, for a felony of the first or second degree, for a felony	1467
drug offense that is a violation of any provision of Chapter	1468
2925., 3719., or 4729. of the Revised Code for which a presumption	1469
in favor of a prison term is specified as being applicable, and	1470
for a violation of division (A)(4) or (B) of section 2907.05 of	1471
the Revised Code for which a presumption in favor of a prison term	1472
is specified as being applicable, it is presumed that a prison	1473
term is necessary in order to comply with the purposes and	1474
principles of sentencing under section 2929.11 of the Revised	1475
Code. Division (D)(2) of this section does not apply to a	1476
presumption established under this division for a violation of	1477
division (A)(4) of section 2907.05 of the Revised Code.	1478

(2) Notwithstanding the presumption established under	1479
division (D)(1) of this section for the offenses listed in that	1480
division other than a violation of division (A)(4) or (B) of	1481
section 2907.05 of the Revised Code, the sentencing court may	1482
impose a community control sanction or a combination of community	1483
control sanctions instead of a prison term on an offender for a	1484
felony of the first or second degree or for a felony drug offense	1485
that is a violation of any provision of Chapter 2925., 3719., or	1486
4729. of the Revised Code for which a presumption in favor of a	1487
prison term is specified as being applicable if it makes both of	1488
the following findings:	1489

(a) A community control sanction or a combination of	1490
community control sanctions would adequately punish the offender	1491
and protect the public from future crime, because the applicable	1492
factors under section 2929.12 of the Revised Code indicating a	1493
lesser likelihood of recidivism outweigh the applicable factors	1494
under that section indicating a greater likelihood of recidivism.	1495

(b) A community control sanction or a combination of	1496
community control sanctions would not demean the seriousness of	1497
the offense, because one or more factors under section 2929.12 of	1498
the Revised Code that indicate that the offender's conduct was	1499
less serious than conduct normally constituting the offense are	1500
applicable, and they outweigh the applicable factors under that	1501
section that indicate that the offender's conduct was more serious	1502
than conduct normally constituting the offense.	1503

(E)(1) Except as provided in division (F) of this section,	1504
for any drug offense that is a violation of any provision of	1505
Chapter 2925. of the Revised Code and that is a felony of the	1506
third, fourth, or fifth degree, the applicability of a presumption	1507
under division (D) of this section in favor of a prison term or of	1508
division (B) or (C) of this section in determining whether to	1509
impose a prison term for the offense shall be determined as	1510
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1511
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1512
Revised Code, whichever is applicable regarding the violation.	1513

(2) If an offender who was convicted of or pleaded guilty to	1514
a felony violates the conditions of a community control sanction	1515
imposed for the offense solely by reason of producing positive	1516
results on a drug test, the court, as punishment for the violation	1517
of the sanction, shall not order that the offender be imprisoned	1518
unless the court determines on the record either of the following:	1519

(a) The offender had been ordered as a sanction for the	1520
felony to participate in a drug treatment program, in a drug	1521
education program, or in narcotics anonymous or a similar program,	1522
and the offender continued to use illegal drugs after a reasonable	1523
period of participation in the program.	1524

(b) The imprisonment of the offender for the violation is	1525
consistent with the purposes and principles of sentencing set	1526
forth in section 2929.11 of the Revised Code.	1527

(3) A court that sentences an offender for a drug abuse	1528
offense that is a felony of the third, fourth, or fifth degree may	1529
require that the offender be assessed by a properly credentialed	1530
professional within a specified period of time. The court shall	1531
require the professional to file a written assessment of the	1532
offender with the court. If the offender is eligible for a	1533
community control sanction and after considering the written	1534
assessment, the court may impose a community control sanction that	1535
includes treatment and recovery support services authorized by	1536
section 3793.02 of the Revised Code. If the court imposes	1537
treatment and recovery support services as a community control	1538
sanction, the court shall direct the level and type of treatment	1539
and recovery support services after considering the assessment and	1540
recommendation of treatment and recovery support services	1541
providers.	1542

(F) Notwithstanding divisions (A) to (E) of this section, the	1543
court shall impose a prison term or terms under sections 2929.02	1544
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	1545
of the Revised Code and except as specifically provided in section	1546
2929.20, divisions (C) to (I) of section 2967.19, or section	1547
2967.191 of the Revised Code or when parole is authorized for the	1548
offense under section 2967.13 of the Revised Code shall not reduce	1549
the term or terms pursuant to section 2929.20, section 2967.19,	1550
section 2967.193, or any other provision of Chapter 2967. or	1551
Chapter 5120. of the Revised Code for any of the following	1552
offenses:	1553

(1) Aggravated murder when death is not imposed or murder;

1554

(2) Any rape, regardless of whether force was involved and	1555
regardless of the age of the victim, or an attempt to commit rape	1556
if, had the offender completed the rape that was attempted, the	1557
offender would have been guilty of a violation of division	1558
(A)(1)(b) of section 2907.02 of the Revised Code and would be	1559
sentenced under section 2971.03 of the Revised Code;	1560

(3) Gross sexual imposition or sexual battery, if the victim	1561
is less than thirteen years of age and if any of the following	1562
applies:	1563

(a) Regarding gross sexual imposition, the offender	1564
previously was convicted of or pleaded guilty to rape, the former	1565
offense of felonious sexual penetration, gross sexual imposition,	1566
or sexual battery, and the victim of the previous offense was less	1567
than thirteen years of age;	1568

(b) Regarding gross sexual imposition, the offense was	1569
committed on or after August 3, 2006, and evidence other than the	1570
testimony of the victim was admitted in the case corroborating the	1571
violation.	1572

(c) Regarding sexual battery, either of the following	1573
applies:	1574

(i) The offense was committed prior to August 3, 2006, the	1575
offender previously was convicted of or pleaded guilty to rape,	1576
the former offense of felonious sexual penetration, or sexual	1577
battery, and the victim of the previous offense was less than	1578
thirteen years of age.	1579

(ii) The offense was committed on or after August 3, 2006.

1580

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1581
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	1582
if the section requires the imposition of a prison term;	1583

(5) A first, second, or third degree felony drug offense for	1584
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1585
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1586
4729.99 of the Revised Code, whichever is applicable regarding the	1587
violation, requires the imposition of a mandatory prison term;	1588

(6) Any offense that is a first or second degree felony and	1589
that is not set forth in division (F)(1), (2), (3), or (4) of this	1590
section, if the offender previously was convicted of or pleaded	1591
guilty to aggravated murder, murder, any first or second degree	1592
felony, or an offense under an existing or former law of this	1593
state, another state, or the United States that is or was	1594
substantially equivalent to one of those offenses;	1595

(7) Any offense that is a third degree felony and either is a	1596
violation of section 2903.04 of the Revised Code or an attempt to	1597
commit a felony of the second degree that is an offense of	1598
violence and involved an attempt to cause serious physical harm to	1599
a person or that resulted in serious physical harm to a person if	1600
the offender previously was convicted of or pleaded guilty to any	1601
of the following offenses:	1602

(a) Aggravated murder, murder, involuntary manslaughter,	1603
rape, felonious sexual penetration as it existed under section	1604
2907.12 of the Revised Code prior to September 3, 1996, a felony	1605
of the first or second degree that resulted in the death of a	1606
person or in physical harm to a person, or complicity in or an	1607
attempt to commit any of those offenses;	1608

(b) An offense under an existing or former law of this state,	1609
another state, or the United States that is or was substantially	1610
equivalent to an offense listed in division (F)(7)(a) of this	1611
section that resulted in the death of a person or in physical harm	1612
to a person.	1613

(8) Any offense, other than a violation of section 2923.12 of	1614
the Revised Code, that is a felony, if the offender had a firearm	1615
on or about the offender's person or under the offender's control	1616
while committing the felony, with respect to a portion of the	1617
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	1618
of the Revised Code for having the firearm;	1619

(9) Any offense of violence that is a felony, if the offender	1620
wore or carried body armor while committing the felony offense of	1621
violence, with respect to the portion of the sentence imposed	1622
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	1623
Code for wearing or carrying the body armor;	1624

(10) Corrupt activity in violation of section 2923.32 of the	1625
Revised Code when the most serious offense in the pattern of	1626
corrupt activity that is the basis of the offense is a felony of	1627
the first degree;	1628

(11) Any violent sex offense or designated homicide, assault,	1629
or kidnapping offense if, in relation to that offense, the	1630
offender is adjudicated a sexually violent predator;	1631

(12) A violation of division (A)(1) or (2) of section 2921.36	1632
of the Revised Code, or a violation of division (C) of that	1633
section involving an item listed in division (A)(1) or (2) of that	1634
section, if the offender is an officer or employee of the	1635
department of rehabilitation and correction;	1636

(13) A violation of division (A)(1) or (2) of section 2903.06	1637
of the Revised Code if the victim of the offense is a peace	1638
officer, as defined in section 2935.01 of the Revised Code, or an	1639
investigator of the bureau of criminal identification and	1640
investigation, as defined in section 2903.11 of the Revised Code,	1641
with respect to the portion of the sentence imposed pursuant to	1642
division (B)(5) of section 2929.14 of the Revised Code;	1643

(14) A violation of division (A)(1) or (2) of section 2903.06	1644
of the Revised Code if the offender has been convicted of or	1645
pleaded guilty to three or more violations of division (A) or (B)	1646
of section 4511.19 of the Revised Code or an equivalent offense,	1647
as defined in section 2941.1415 of the Revised Code, or three or	1648
more violations of any combination of those divisions and	1649
offenses, with respect to the portion of the sentence imposed	1650
pursuant to division (B)(6) of section 2929.14 of the Revised	1651
Code;	1652

(15) Kidnapping, in the circumstances specified in section	1653
2971.03 of the Revised Code and when no other provision of	1654
division (F) of this section applies;	1655

(16) Kidnapping, abduction, compelling prostitution,	1656
promoting prostitution, engaging in a pattern of corrupt activity,	1657
illegal use of a minor in a nudity-oriented material or	1658
performance in violation of division (A)(1) or (2) of section	1659
2907.323 of the Revised Code, or endangering children in violation	1660
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	1661
the Revised Code, if the offender is convicted of or pleads guilty	1662
to a specification as described in section 2941.1422 of the	1663
Revised Code that was included in the indictment, count in the	1664
indictment, or information charging the offense;	1665

(17) A felony violation of division (A) or (B) of section	1666
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	1667
that section, and division (D)(6) of that section, require the	1668
imposition of a prison term;	1669

(18) A felony violation of section 2903.11, 2903.12, or	1670
2903.13 of the Revised Code, if the victim of the offense was a	1671
woman that the offender knew was pregnant at the time of the	1672
violation, with respect to a portion of the sentence imposed	1673
pursuant to division (B)(8) of section 2929.14 of the Revised	1674
Code.	1675

(G) Notwithstanding divisions (A) to (E) of this section, if	1676
an offender is being sentenced for a fourth degree felony OVI	1677
offense or for a third degree felony OVI offense, the court shall	1678
impose upon the offender a mandatory term of local incarceration	1679
or a mandatory prison term in accordance with the following:	1680

(1) If the offender is being sentenced for a fourth degree	1681
felony OVI offense and if the offender has not been convicted of	1682
and has not pleaded guilty to a specification of the type	1683
described in section 2941.1413 of the Revised Code, the court may	1684
impose upon the offender a mandatory term of local incarceration	1685
of sixty days or one hundred twenty days as specified in division	1686
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	1687
not reduce the term pursuant to section 2929.20, 2967.193, or any	1688
other provision of the Revised Code. The court that imposes a	1689
mandatory term of local incarceration under this division shall	1690
specify whether the term is to be served in a jail, a	1691
community-based correctional facility, a halfway house, or an	1692
alternative residential facility, and the offender shall serve the	1693
term in the type of facility specified by the court. A mandatory	1694
term of local incarceration imposed under division (G)(1) of this	1695
section is not subject to any other Revised Code provision that	1696
pertains to a prison term except as provided in division (A)(1) of	1697
this section.	1698

(2) If the offender is being sentenced for a third degree	1699
felony OVI offense, or if the offender is being sentenced for a	1700
fourth degree felony OVI offense and the court does not impose a	1701
mandatory term of local incarceration under division (G)(1) of	1702
this section, the court shall impose upon the offender a mandatory	1703
prison term of one, two, three, four, or five years if the	1704
offender also is convicted of or also pleads guilty to a	1705
specification of the type described in section 2941.1413 of the	1706
Revised Code or shall impose upon the offender a mandatory prison	1707
term of sixty days or one hundred twenty days as specified in	1708
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	1709
if the offender has not been convicted of and has not pleaded	1710
guilty to a specification of that type. Subject to divisions (C)	1711
to (I) of section 2967.19 of the Revised Code, the court shall not	1712
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	1713
any other provision of the Revised Code. The offender shall serve	1714
the one-, two-, three-, four-, or five-year mandatory prison term	1715
consecutively to and prior to the prison term imposed for the	1716
underlying offense and consecutively to any other mandatory prison	1717
term imposed in relation to the offense. In no case shall an	1718
offender who once has been sentenced to a mandatory term of local	1719
incarceration pursuant to division (G)(1) of this section for a	1720
fourth degree felony OVI offense be sentenced to another mandatory	1721
term of local incarceration under that division for any violation	1722
of division (A) of section 4511.19 of the Revised Code. In	1723
addition to the mandatory prison term described in division (G)(2)	1724
of this section, the court may sentence the offender to a	1725
community control sanction under section 2929.16 or 2929.17 of the	1726
Revised Code, but the offender shall serve the prison term prior	1727
to serving the community control sanction. The department of	1728
rehabilitation and correction may place an offender sentenced to a	1729
mandatory prison term under this division in an intensive program	1730
prison established pursuant to section 5120.033 of the Revised	1731
Code if the department gave the sentencing judge prior notice of	1732
its intent to place the offender in an intensive program prison	1733
established under that section and if the judge did not notify the	1734
department that the judge disapproved the placement. Upon the	1735
establishment of the initial intensive program prison pursuant to	1736
section 5120.033 of the Revised Code that is privately operated	1737
and managed by a contractor pursuant to a contract entered into	1738
under section 9.06 of the Revised Code, both of the following	1739
apply:	1740

(a) The department of rehabilitation and correction shall	1741
make a reasonable effort to ensure that a sufficient number of	1742
offenders sentenced to a mandatory prison term under this division	1743
are placed in the privately operated and managed prison so that	1744
the privately operated and managed prison has full occupancy.	1745

(b) Unless the privately operated and managed prison has full	1746
occupancy, the department of rehabilitation and correction shall	1747
not place any offender sentenced to a mandatory prison term under	1748
this division in any intensive program prison established pursuant	1749
to section 5120.033 of the Revised Code other than the privately	1750
operated and managed prison.	1751

(H) If an offender is being sentenced for a sexually oriented	1752
offense or child-victim oriented offense that is a felony	1753
committed on or after January 1, 1997, the judge shall require the	1754
offender to submit to a DNA specimen collection procedure pursuant	1755
to section 2901.07 of the Revised Code.	1756

(I) If an offender is being sentenced for a sexually oriented	1757
offense or a child-victim oriented offense committed on or after	1758
January 1, 1997, the judge shall include in the sentence a summary	1759
of the offender's duties imposed under sections 2950.04, 2950.041,	1760
2950.05, and 2950.06 of the Revised Code and the duration of the	1761
duties. The judge shall inform the offender, at the time of	1762
sentencing, of those duties and of their duration. If required	1763
under division (A)(2) of section 2950.03 of the Revised Code, the	1764
judge shall perform the duties specified in that section, or, if	1765
required under division (A)(6) of section 2950.03 of the Revised	1766
Code, the judge shall perform the duties specified in that	1767
division.	1768

(J)(1) Except as provided in division (J)(2) of this section,	1769
when considering sentencing factors under this section in relation	1770
to an offender who is convicted of or pleads guilty to an attempt	1771
to commit an offense in violation of section 2923.02 of the	1772
Revised Code, the sentencing court shall consider the factors	1773
applicable to the felony category of the violation of section	1774
2923.02 of the Revised Code instead of the factors applicable to	1775
the felony category of the offense attempted.	1776

(2) When considering sentencing factors under this section in	1777
relation to an offender who is convicted of or pleads guilty to an	1778
attempt to commit a drug abuse offense for which the penalty is	1779
determined by the amount or number of unit doses of the controlled	1780
substance involved in the drug abuse offense, the sentencing court	1781
shall consider the factors applicable to the felony category that	1782
the drug abuse offense attempted would be if that drug abuse	1783
offense had been committed and had involved an amount or number of	1784
unit doses of the controlled substance that is within the next	1785
lower range of controlled substance amounts than was involved in	1786
the attempt.	1787

(K) As used in this section, "drug abuse offense" has the	1788
same meaning as in section 2925.01 of the Revised Code.	1789

(L) At the time of sentencing an offender for any sexually	1790
oriented offense, if the offender is a tier III sex	1791
offender/child-victim offender relative to that offense and the	1792
offender does not serve a prison term or jail term, the court may	1793
require that the offender be monitored by means of a global	1794
positioning device. If the court requires such monitoring, the	1795
cost of monitoring shall be borne by the offender. If the offender	1796
is indigent, the cost of compliance shall be paid by the crime	1797
victims reparations fund.	1798

Sec. 2950.01. As used in this chapter, unless the context	1799
clearly requires otherwise:	1800

(A) "Sexually oriented offense" means any of the following	1801
violations or offenses committed by a person, regardless of the	1802
person's age:	1803

(1) A violation of section 2907.02, 2907.03, 2907.05,	1804
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,	1805
2907.322, or 2907.323 of the Revised Code;	1806

(2) A violation of section 2907.04 of the Revised Code when	1807
the offender is less than four years older than the other person	1808
with whom the offender engaged in sexual conduct, the other person	1809
did not consent to the sexual conduct, and the offender previously	1810
has not been convicted of or pleaded guilty to a violation of	1811
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1812
violation of former section 2907.12 of the Revised Code;	1813

(3) A violation of section 2907.04 of the Revised Code when	1814
the offender is at least four years older than the other person	1815
with whom the offender engaged in sexual conduct or when the	1816
offender is less than four years older than the other person with	1817
whom the offender engaged in sexual conduct and the offender	1818
previously has been convicted of or pleaded guilty to a violation	1819
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1820
violation of former section 2907.12 of the Revised Code;	1821

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	1822
the Revised Code when the violation was committed with a sexual	1823
motivation;	1824

(5) A violation of division (A) of section 2903.04 of the	1825
Revised Code when the offender committed or attempted to commit	1826
the felony that is the basis of the violation with a sexual	1827
motivation;	1828

(6) A violation of division (A)(3) of section 2903.211 of the	1829
Revised Code;	1830

(7) A violation of division (A)(1), (2), (3), or (5) of	1831
section 2905.01 of the Revised Code when the offense is committed	1832
with a sexual motivation;	1833

(8) A violation of division (A)(4) of section 2905.01 of the	1834
Revised Code;	1835

(9) A violation of division (B) of section 2905.01 of the	1836
Revised Code when the victim of the offense is under eighteen	1837
years of age and the offender is not a parent of the victim of the	1838
offense;	1839

(10) A violation of division (B) of section 2905.02, of	1840
division (B) of section 2905.03, of division (B) of section	1841
2905.05, or of division (B)(5) of section 2919.22 of the Revised	1842
Code;	1843

(11) A violation of section 2905.32 of the Revised Code when	1844
the offender knowingly recruited, lured, enticed, isolated,	1845
harbored, transported, provided, obtained, or maintained, or	1846
knowingly attempted to recruit, lure, entice, isolate, harbor,	1847
transport, provide, obtain, or maintain, another person knowing	1848
that the person would be compelled to engage in sexual activity	1849
for hire, engage in a performance that was obscene, sexually	1850
oriented, or nudity oriented, or be a model or participant in the	1851
production of material that was obscene, sexually oriented, or	1852
nudity oriented;	1853

(12) A violation of any former law of this state, any	1854
existing or former municipal ordinance or law of another state or	1855
the United States, any existing or former law applicable in a	1856
military court or in an Indian tribal court, or any existing or	1857
former law of any nation other than the United States that is or	1858
was substantially equivalent to any offense listed in division	1859
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10), or (11)	1860
of this section;	1861

(12)(13) Any attempt to commit, conspiracy to commit, or	1862
complicity in committing any offense listed in division (A)(1),	1863
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11), or (12) of	1864
this section.	1865

(B)(1) "Sex offender" means, subject to division (B)(2) of	1866
this section, a person who is convicted of, pleads guilty to, has	1867
been convicted of, has pleaded guilty to, is adjudicated a	1868
delinquent child for committing, or has been adjudicated a	1869
delinquent child for committing any sexually oriented offense.	1870

(2) "Sex offender" does not include a person who is convicted	1871
of, pleads guilty to, has been convicted of, has pleaded guilty	1872
to, is adjudicated a delinquent child for committing, or has been	1873
adjudicated a delinquent child for committing a sexually oriented	1874
offense if the offense involves consensual sexual conduct or	1875
consensual sexual contact and either of the following applies:	1876

(a) The victim of the sexually oriented offense was eighteen	1877
years of age or older and at the time of the sexually oriented	1878
offense was not under the custodial authority of the person who is	1879
convicted of, pleads guilty to, has been convicted of, has pleaded	1880
guilty to, is adjudicated a delinquent child for committing, or	1881
has been adjudicated a delinquent child for committing the	1882
sexually oriented offense.	1883

(b) The victim of the offense was thirteen years of age or	1884
older, and the person who is convicted of, pleads guilty to, has	1885
been convicted of, has pleaded guilty to, is adjudicated a	1886
delinquent child for committing, or has been adjudicated a	1887
delinquent child for committing the sexually oriented offense is	1888
not more than four years older than the victim.	1889

(C) "Child-victim oriented offense" means any of the	1890
following violations or offenses committed by a person, regardless	1891
of the person's age, when the victim is under eighteen years of	1892
age and is not a child of the person who commits the violation:	1893

(1) A violation of division (A)(1), (2), (3), or (5) of	1894
section 2905.01 of the Revised Code when the violation is not	1895
included in division (A)(7) of this section;	1896

(2) A violation of division (A) of section 2905.02, division	1897
(A) of section 2905.03, or division (A) of section 2905.05 of the	1898
Revised Code;	1899

(3) A violation of any former law of this state, any existing	1900
or former municipal ordinance or law of another state or the	1901
United States, any existing or former law applicable in a military	1902
court or in an Indian tribal court, or any existing or former law	1903
of any nation other than the United States that is or was	1904
substantially equivalent to any offense listed in division (C)(1)	1905
or (2) of this section;	1906

(4) Any attempt to commit, conspiracy to commit, or	1907
complicity in committing any offense listed in division (C)(1),	1908
(2), or (3) of this section.	1909

(D) "Child-victim offender" means a person who is convicted	1910
of, pleads guilty to, has been convicted of, has pleaded guilty	1911
to, is adjudicated a delinquent child for committing, or has been	1912
adjudicated a delinquent child for committing any child-victim	1913
oriented offense.	1914

(E) "Tier I sex offender/child-victim offender" means any of	1915
the following:	1916

(1) A sex offender who is convicted of, pleads guilty to, has	1917
been convicted of, or has pleaded guilty to any of the following	1918
sexually oriented offenses:	1919

(a) A violation of section 2907.06, 2907.07, 2907.08,	1920
2907.22, or 2907.32 of the Revised Code;	1921

(b) A violation of section 2907.04 of the Revised Code when	1922
the offender is less than four years older than the other person	1923
with whom the offender engaged in sexual conduct, the other person	1924
did not consent to the sexual conduct, and the offender previously	1925
has not been convicted of or pleaded guilty to a violation of	1926
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1927
violation of former section 2907.12 of the Revised Code;	1928

(c) A violation of division (A)(1), (2), (3), or (5) of	1929
section 2907.05 of the Revised Code;	1930

(d) A violation of division (A)(3) of section 2907.323 of the	1931
Revised Code;	1932

(e) A violation of division (A)(3) of section 2903.211, of	1933
division (B) of section 2905.03, or of division (B) of section	1934
2905.05 of the Revised Code;	1935

(f) A violation of any former law of this state, any existing	1936
or former municipal ordinance or law of another state or the	1937
United States, any existing or former law applicable in a military	1938
court or in an Indian tribal court, or any existing or former law	1939
of any nation other than the United States, that is or was	1940
substantially equivalent to any offense listed in division	1941
(E)(1)(a), (b), (c), (d), or (e) of this section;	1942

(g) Any attempt to commit, conspiracy to commit, or	1943
complicity in committing any offense listed in division (E)(1)(a),	1944
(b), (c), (d), (e), or (f) of this section.	1945

(2) A child-victim offender who is convicted of, pleads	1946
guilty to, has been convicted of, or has pleaded guilty to a	1947
child-victim oriented offense and who is not within either	1948
category of child-victim offender described in division (F)(2) or	1949
(G)(2) of this section.	1950

(3) A sex offender who is adjudicated a delinquent child for	1951
committing or has been adjudicated a delinquent child for	1952
committing any sexually oriented offense and who a juvenile court,	1953
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1954
Revised Code, classifies a tier I sex offender/child-victim	1955
offender relative to the offense.	1956

(4) A child-victim offender who is adjudicated a delinquent	1957
child for committing or has been adjudicated a delinquent child	1958
for committing any child-victim oriented offense and who a	1959
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1960
2152.85 of the Revised Code, classifies a tier I sex	1961
offender/child-victim offender relative to the offense.	1962

(F) "Tier II sex offender/child-victim offender" means any of	1963
the following:	1964

(1) A sex offender who is convicted of, pleads guilty to, has	1965
been convicted of, or has pleaded guilty to any of the following	1966
sexually oriented offenses:	1967

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	1968
the Revised Code;	1969

(b) A violation of section 2907.04 of the Revised Code when	1970
the offender is at least four years older than the other person	1971
with whom the offender engaged in sexual conduct, or when the	1972
offender is less than four years older than the other person with	1973
whom the offender engaged in sexual conduct and the offender	1974
previously has been convicted of or pleaded guilty to a violation	1975
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	1976
former section 2907.12 of the Revised Code;	1977

(c) A violation of division (A)(4) of section 2907.05 or of	1978
division (A)(1) or (2) of section 2907.323 of the Revised Code;	1979

(d) A violation of division (A)(1), (2), (3), or (5) of	1980
section 2905.01 of the Revised Code when the offense is committed	1981
with a sexual motivation;	1982

(e) A violation of division (A)(4) of section 2905.01 of the	1983
Revised Code when the victim of the offense is eighteen years of	1984
age or older;	1985

(f) A violation of division (B) of section 2905.02 or of	1986
division (B)(5) of section 2919.22 of the Revised Code;	1987

(g) A violation of section 2905.32 of the Revised Code when	1988
the offender knowingly recruited, lured, enticed, isolated,	1989
harbored, transported, provided, obtained, or maintained, or	1990
knowingly attempted to recruit, lure, entice, isolate, harbor,	1991
transport, provide, obtain, or maintain, another person knowing	1992
that the person would be compelled to engage in sexual activity	1993
for hire, engage in a performance that was obscene, sexually	1994
oriented, or nudity oriented, or be a model or participant in the	1995
production of material that was obscene, sexually oriented, or	1996
nudity oriented;	1997

(h) A violation of any former law of this state, any existing	1998
or former municipal ordinance or law of another state or the	1999
United States, any existing or former law applicable in a military	2000
court or in an Indian tribal court, or any existing or former law	2001
of any nation other than the United States that is or was	2002
substantially equivalent to any offense listed in division	2003
(F)(1)(a), (b), (c), (d), (e), or (f), or (g) of this section;	2004

(h)(i) Any attempt to commit, conspiracy to commit, or	2005
complicity in committing any offense listed in division (F)(1)(a),	2006
(b), (c), (d), (e), (f), or (g), or (h) of this section;	2007

(i)(j) Any sexually oriented offense that is committed after	2008
the sex offender previously has been convicted of, pleaded guilty	2009
to, or has been adjudicated a delinquent child for committing any	2010
sexually oriented offense or child-victim oriented offense for	2011
which the offender was classified a tier I sex	2012
offender/child-victim offender.	2013

(2) A child-victim offender who is convicted of, pleads	2014
guilty to, has been convicted of, or has pleaded guilty to any	2015
child-victim oriented offense when the child-victim oriented	2016
offense is committed after the child-victim offender previously	2017
has been convicted of, pleaded guilty to, or been adjudicated a	2018
delinquent child for committing any sexually oriented offense or	2019
child-victim oriented offense for which the offender was	2020
classified a tier I sex offender/child-victim offender.	2021

(3) A sex offender who is adjudicated a delinquent child for	2022
committing or has been adjudicated a delinquent child for	2023
committing any sexually oriented offense and who a juvenile court,	2024
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	2025
Revised Code, classifies a tier II sex offender/child-victim	2026
offender relative to the offense.	2027

(4) A child-victim offender who is adjudicated a delinquent	2028
child for committing or has been adjudicated a delinquent child	2029
for committing any child-victim oriented offense and whom a	2030
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	2031
2152.85 of the Revised Code, classifies a tier II sex	2032
offender/child-victim offender relative to the current offense.	2033

(5) A sex offender or child-victim offender who is not in any	2034
category of tier II sex offender/child-victim offender set forth	2035
in division (F)(1), (2), (3), or (4) of this section, who prior to	2036
January 1, 2008, was adjudicated a delinquent child for committing	2037
a sexually oriented offense or child-victim oriented offense, and	2038
who prior to that date was determined to be a habitual sex	2039
offender or determined to be a habitual child-victim offender,	2040
unless either of the following applies:	2041

(a) The sex offender or child-victim offender is reclassified	2042
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	2043
tier I sex offender/child-victim offender or a tier III sex	2044
offender/child-victim offender relative to the offense.	2045

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	2046
2152.84, or 2152.85 of the Revised Code, classifies the child a	2047
tier I sex offender/child-victim offender or a tier III sex	2048
offender/child-victim offender relative to the offense.	2049

(G) "Tier III sex offender/child-victim offender" means any	2050
of the following:	2051

(1) A sex offender who is convicted of, pleads guilty to, has	2052
been convicted of, or has pleaded guilty to any of the following	2053
sexually oriented offenses:	2054

(a) A violation of section 2907.02 or 2907.03 of the Revised	2055
Code;	2056

(b) A violation of division (B) of section 2907.05 of the	2057
Revised Code;	2058

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	2059
the Revised Code when the violation was committed with a sexual	2060
motivation;	2061

(d) A violation of division (A) of section 2903.04 of the	2062
Revised Code when the offender committed or attempted to commit	2063
the felony that is the basis of the violation with a sexual	2064
motivation;	2065

(e) A violation of division (A)(4) of section 2905.01 of the	2066
Revised Code when the victim of the offense is under eighteen	2067
years of age;	2068

(f) A violation of division (B) of section 2905.01 of the	2069
Revised Code when the victim of the offense is under eighteen	2070
years of age and the offender is not a parent of the victim of the	2071
offense;	2072

(g) A violation of any former law of this state, any existing	2073
or former municipal ordinance or law of another state or the	2074
United States, any existing or former law applicable in a military	2075
court or in an Indian tribal court, or any existing or former law	2076
of any nation other than the United States that is or was	2077
substantially equivalent to any offense listed in division	2078
(G)(1)(a), (b), (c), (d), (e), or (f) of this section;	2079

(h) Any attempt to commit, conspiracy to commit, or	2080
complicity in committing any offense listed in division (G)(1)(a),	2081
(b), (c), (d), (e), (f), or (g) of this section;	2082

(i) Any sexually oriented offense that is committed after the	2083
sex offender previously has been convicted of, pleaded guilty to,	2084
or been adjudicated a delinquent child for committing any sexually	2085
oriented offense or child-victim oriented offense for which the	2086
offender was classified a tier II sex offender/child-victim	2087
offender or a tier III sex offender/child-victim offender.	2088

(2) A child-victim offender who is convicted of, pleads	2089
guilty to, has been convicted of, or has pleaded guilty to any	2090
child-victim oriented offense when the child-victim oriented	2091
offense is committed after the child-victim offender previously	2092
has been convicted of, pleaded guilty to, or been adjudicated a	2093
delinquent child for committing any sexually oriented offense or	2094
child-victim oriented offense for which the offender was	2095
classified a tier II sex offender/child-victim offender or a tier	2096
III sex offender/child-victim offender.	2097

(3) A sex offender who is adjudicated a delinquent child for	2098
committing or has been adjudicated a delinquent child for	2099
committing any sexually oriented offense and who a juvenile court,	2100
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	2101
Revised Code, classifies a tier III sex offender/child-victim	2102
offender relative to the offense.	2103

(4) A child-victim offender who is adjudicated a delinquent	2104
child for committing or has been adjudicated a delinquent child	2105
for committing any child-victim oriented offense and whom a	2106
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	2107
2152.85 of the Revised Code, classifies a tier III sex	2108
offender/child-victim offender relative to the current offense.	2109

(5) A sex offender or child-victim offender who is not in any	2110
category of tier III sex offender/child-victim offender set forth	2111
in division (G)(1), (2), (3), or (4) of this section, who prior to	2112
January 1, 2008, was convicted of or pleaded guilty to a sexually	2113
oriented offense or child-victim oriented offense or was	2114
adjudicated a delinquent child for committing a sexually oriented	2115
offense or child-victim oriented offense and classified a juvenile	2116
offender registrant, and who prior to that date was adjudicated a	2117
sexual predator or adjudicated a child-victim predator, unless	2118
either of the following applies:	2119

(a) The sex offender or child-victim offender is reclassified	2120
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	2121
tier I sex offender/child-victim offender or a tier II sex	2122
offender/child-victim offender relative to the offense.	2123

(b) The sex offender or child-victim offender is a delinquent	2124
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	2125
2152.84, or 2152.85 of the Revised Code, classifies the child a	2126
tier I sex offender/child-victim offender or a tier II sex	2127
offender/child-victim offender relative to the offense.	2128

(6) A sex offender who is convicted of, pleads guilty to, was	2129
convicted of, or pleaded guilty to a sexually oriented offense, if	2130
the sexually oriented offense and the circumstances in which it	2131
was committed are such that division (F) of section 2971.03 of the	2132
Revised Code automatically classifies the offender as a tier III	2133
sex offender/child-victim offender;	2134

(7) A sex offender or child-victim offender who is convicted	2135
of, pleads guilty to, was convicted of, pleaded guilty to, is	2136
adjudicated a delinquent child for committing, or was adjudicated	2137
a delinquent child for committing a sexually oriented offense or	2138
child-victim offense in another state, in a federal court,	2139
military court, or Indian tribal court, or in a court in any	2140
nation other than the United States if both of the following	2141
apply:	2142

(a) Under the law of the jurisdiction in which the offender	2143
was convicted or pleaded guilty or the delinquent child was	2144
adjudicated, the offender or delinquent child is in a category	2145
substantially equivalent to a category of tier III sex	2146
offender/child-victim offender described in division (G)(1), (2),	2147
(3), (4), (5), or (6) of this section.	2148

(b) Subsequent to the conviction, plea of guilty, or	2149
adjudication in the other jurisdiction, the offender or delinquent	2150
child resides, has temporary domicile, attends school or an	2151
institution of higher education, is employed, or intends to reside	2152
in this state in any manner and for any period of time that	2153
subjects the offender or delinquent child to a duty to register or	2154
provide notice of intent to reside under section 2950.04 or	2155
2950.041 of the Revised Code.	2156

(H) "Confinement" includes, but is not limited to, a	2157
community residential sanction imposed pursuant to section 2929.16	2158
or 2929.26 of the Revised Code.	2159

(I) "Prosecutor" has the same meaning as in section 2935.01	2160
of the Revised Code.	2161

(J) "Supervised release" means a release of an offender from	2162
a prison term, a term of imprisonment, or another type of	2163
confinement that satisfies either of the following conditions:	2164

(1) The release is on parole, a conditional pardon, under a	2165
community control sanction, under transitional control, or under a	2166
post-release control sanction, and it requires the person to	2167
report to or be supervised by a parole officer, probation officer,	2168
field officer, or another type of supervising officer.	2169

(2) The release is any type of release that is not described	2170
in division (J)(1) of this section and that requires the person to	2171
report to or be supervised by a probation officer, a parole	2172
officer, a field officer, or another type of supervising officer.	2173

(K) "Sexually violent predator specification," "sexually	2174
violent predator," "sexually violent offense," "sexual motivation	2175
specification," "designated homicide, assault, or kidnapping	2176
offense," and "violent sex offense" have the same meanings as in	2177
section 2971.01 of the Revised Code.	2178

(L) "Post-release control sanction" and "transitional	2179
control" have the same meanings as in section 2967.01 of the	2180
Revised Code.	2181

(M) "Juvenile offender registrant" means a person who is	2182
adjudicated a delinquent child for committing on or after January	2183
1, 2002, a sexually oriented offense or a child-victim oriented	2184
offense, who is fourteen years of age or older at the time of	2185
committing the offense, and who a juvenile court judge, pursuant	2186
to an order issued under section 2152.82, 2152.83, 2152.84,	2187
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	2188
offender registrant and specifies has a duty to comply with	2189
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2190
Code. "Juvenile offender registrant" includes a person who prior	2191
to January 1, 2008, was a "juvenile offender registrant" under the	2192
definition of the term in existence prior to January 1, 2008, and	2193
a person who prior to July 31, 2003, was a "juvenile sex offender	2194
registrant" under the former definition of that former term.	2195

(N) "Public registry-qualified juvenile offender registrant"	2196
means a person who is adjudicated a delinquent child and on whom a	2197
juvenile court has imposed a serious youthful offender	2198
dispositional sentence under section 2152.13 of the Revised Code	2199
before, on, or after January 1, 2008, and to whom all of the	2200
following apply:	2201

(1) The person is adjudicated a delinquent child for	2202
committing, attempting to commit, conspiring to commit, or	2203
complicity in committing one of the following acts:	2204

(a) A violation of section 2907.02 of the Revised Code,	2205
division (B) of section 2907.05 of the Revised Code, or section	2206
2907.03 of the Revised Code if the victim of the violation was	2207
less than twelve years of age;	2208

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	2209
the Revised Code that was committed with a purpose to gratify the	2210
sexual needs or desires of the child.	2211

(2) The person was fourteen, fifteen, sixteen, or seventeen	2212
years of age at the time of committing the act.	2213

(3) A juvenile court judge, pursuant to an order issued under	2214
section 2152.86 of the Revised Code, classifies the person a	2215
juvenile offender registrant, specifies the person has a duty to	2216
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	2217
Code, and classifies the person a public registry-qualified	2218
juvenile offender registrant, and the classification of the person	2219
as a public registry-qualified juvenile offender registrant has	2220
not been terminated pursuant to division (D) of section 2152.86 of	2221
the Revised Code.	2222

(O) "Secure facility" means any facility that is designed and	2223
operated to ensure that all of its entrances and exits are locked	2224
and under the exclusive control of its staff and to ensure that,	2225
because of that exclusive control, no person who is	2226
institutionalized or confined in the facility may leave the	2227
facility without permission or supervision.	2228

(P) "Out-of-state juvenile offender registrant" means a	2229
person who is adjudicated a delinquent child in a court in another	2230
state, in a federal court, military court, or Indian tribal court,	2231
or in a court in any nation other than the United States for	2232
committing a sexually oriented offense or a child-victim oriented	2233
offense, who on or after January 1, 2002, moves to and resides in	2234
this state or temporarily is domiciled in this state for more than	2235
five days, and who has a duty under section 2950.04 or 2950.041 of	2236
the Revised Code to register in this state and the duty to	2237
otherwise comply with that applicable section and sections 2950.05	2238
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	2239
registrant" includes a person who prior to January 1, 2008, was an	2240
"out-of-state juvenile offender registrant" under the definition	2241
of the term in existence prior to January 1, 2008, and a person	2242
who prior to July 31, 2003, was an "out-of-state juvenile sex	2243
offender registrant" under the former definition of that former	2244
term.	2245

(Q) "Juvenile court judge" includes a magistrate to whom the	2246
juvenile court judge confers duties pursuant to division (A)(15)	2247
of section 2151.23 of the Revised Code.	2248

(R) "Adjudicated a delinquent child for committing a sexually	2249
oriented offense" includes a child who receives a serious youthful	2250
offender dispositional sentence under section 2152.13 of the	2251
Revised Code for committing a sexually oriented offense.	2252

(S) "School" and "school premises" have the same meanings as	2253
in section 2925.01 of the Revised Code.	2254

(T) "Residential premises" means the building in which a	2255
residential unit is located and the grounds upon which that	2256
building stands, extending to the perimeter of the property.	2257
"Residential premises" includes any type of structure in which a	2258
residential unit is located, including, but not limited to,	2259
multi-unit buildings and mobile and manufactured homes.	2260

(U) "Residential unit" means a dwelling unit for residential	2261
use and occupancy, and includes the structure or part of a	2262
structure that is used as a home, residence, or sleeping place by	2263
one person who maintains a household or two or more persons who	2264
maintain a common household. "Residential unit" does not include a	2265
halfway house or a community-based correctional facility.	2266

(V) "Multi-unit building" means a building in which is	2267
located more than twelve residential units that have entry doors	2268
that open directly into the unit from a hallway that is shared	2269
with one or more other units. A residential unit is not considered	2270
located in a multi-unit building if the unit does not have an	2271
entry door that opens directly into the unit from a hallway that	2272
is shared with one or more other units or if the unit is in a	2273
building that is not a multi-unit building as described in this	2274
division.	2275

(W) "Community control sanction" has the same meaning as in	2276
section 2929.01 of the Revised Code.	2277

(X) "Halfway house" and "community-based correctional	2278
facility" have the same meanings as in section 2929.01 of the	2279
Revised Code.	2280

Sec. 2953.321.  (A) As used in this section, "investigatory	2281
work product" means any records or reports of a law enforcement	2282
officer or agency that are excepted from the definition of	2283
"official records" contained in section 2953.51 of the Revised	2284
Code and that pertain to a case the records of which have been	2285
ordered sealed pursuant to division (C)(2) of section 2953.32 of	2286
the Revised Code or have been ordered expunged pursuant to	2287
division (E) of section 2151.358, division (D)(2) of section	2288
2953.37, or division (G) of section 2953.38 of the Revised Code.	2289

(B) Upon the issuance of an order by a court pursuant to	2290
division (C)(2) of section 2953.32 of the Revised Code directing	2291
that all official records pertaining to a case be sealed or an	2292
order by a court pursuant to division (E) of section 2151.358,	2293
division (D)(2) of section 2953.37, or division (G) of section	2294
2953.38 of the Revised Code directing that all official records	2295
pertaining to a case be expunged:	2296

(1) Every law enforcement officer who possesses investigatory	2297
work product immediately shall deliver that work product to the	2298
law enforcement officer's employing law enforcement agency.	2299

(2) Except as provided in division (B)(3) of this section,	2300
every law enforcement agency that possesses investigatory work	2301
product shall close that work product to all persons who are not	2302
directly employed by the law enforcement agency and shall treat	2303
that work product, in relation to all persons other than those who	2304
are directly employed by the law enforcement agency, as if it did	2305
not exist and never had existed.	2306

(3) A law enforcement agency that possesses investigatory	2307
work product may permit another law enforcement agency to use that	2308
work product in the investigation of another offense if the facts	2309
incident to the offense being investigated by the other law	2310
enforcement agency and the facts incident to an offense that is	2311
the subject of the case are reasonably similar. The agency that	2312
permits the use of investigatory work product may provide the	2313
other agency with the name of the person who is the subject of the	2314
case if it believes that the name of the person is necessary to	2315
the conduct of the investigation by the other agency.	2316

(C)(1) Except as provided in division (B)(3) of this section,	2317
no law enforcement officer or other person employed by a law	2318
enforcement agency shall knowingly release, disseminate, or	2319
otherwise make the investigatory work product or any information	2320
contained in that work product available to, or discuss any	2321
information contained in it with, any person not employed by the	2322
employing law enforcement agency.	2323

(2) No law enforcement agency, or person employed by a law	2324
enforcement agency, that receives investigatory work product	2325
pursuant to division (B)(3) of this section shall use that work	2326
product for any purpose other than the investigation of the	2327
offense for which it was obtained from the other law enforcement	2328
agency, or disclose the name of the person who is the subject of	2329
the work product except when necessary for the conduct of the	2330
investigation of the offense, or the prosecution of the person for	2331
committing the offense, for which it was obtained from the other	2332
law enforcement agency.	2333

(3) It is not a violation of division (C)(1) or (2) of this	2334
section for the bureau of criminal identification and	2335
investigation or any authorized employee of the bureau	2336
participating in the investigation of criminal activity to	2337
release, disseminate, or otherwise make available to, or discuss	2338
with, a person directly employed by a law enforcement agency DNA	2339
records collected in the DNA database or fingerprints filed for	2340
record by the superintendent of the bureau of criminal	2341
identification and investigation.	2342

(D) Whoever violates division (C)(1) or (2) of this section	2343
is guilty of divulging confidential investigatory work product, a	2344
misdemeanor of the fourth degree.	2345

Sec. 2953.35.  (A) Except as authorized by divisions (D),	2346
(E), and (F) of section 2953.32 of the Revised Code or by Chapter	2347
2950. of the Revised Code, any officer or employee of the state,	2348
or a political subdivision of the state, who releases or otherwise	2349
disseminates or makes available for any purpose involving	2350
employment, bonding, or licensing in connection with any business,	2351
trade, or profession to any person, or to any department, agency,	2352
or other instrumentality of the state, or any political	2353
subdivision of the state, any information or other data concerning	2354
any arrest, complaint, indictment, trial, hearing, adjudication,	2355
conviction, or correctional supervision the records with respect	2356
to which the officer or employee had knowledge of were sealed by	2357
an existing order issued pursuant to sections 2953.31 to 2953.36	2358
of the Revised Code, were expunged by an order issued pursuant to	2359
division (E) of section 2151.358, section 2953.37, or section	2360
2953.38 of the Revised Code, or were expunged by an order issued	2361
pursuant to section 2953.42 of the Revised Code as it existed	2362
prior to June 29, 1988, is guilty of divulging confidential	2363
information, a misdemeanor of the fourth degree.	2364

(B) Any person who, in violation of section 2953.32 of the	2365
Revised Code, uses, disseminates, or otherwise makes available any	2366
index prepared pursuant to division (F) of section 2953.32 of the	2367
Revised Code is guilty of a misdemeanor of the fourth degree.	2368

(C) It is not a violation of this section for the bureau of	2369
criminal identification and investigation or any authorized	2370
employee of the bureau participating in the investigation of	2371
criminal activity to release, disseminate, or otherwise make	2372
available to, or discuss with, a person directly employed by a law	2373
enforcement agency DNA records collected in the DNA database or	2374
fingerprints filed for record by the superintendent of the bureau	2375
of criminal identification and investigation.	2376

Sec. 2953.38.  (A) As used in this section:

2377

(1) "Expunge" means to destroy, delete, or erase a record as	2378
appropriate for the record's physical or electronic form or	2379
characteristic so that the record is permanently irretrievable.	2380

(2) "Prosecutor" has the same meaning as in section 2953.31	2381
of the Revised Code.	2382

(3) "Record of conviction" means the record related to a	2383
conviction of or plea of guilty to an offense.	2384

(4) "Victim of human trafficking" means a person who is or	2385
was a victim of a violation of section 2905.32 of the Revised	2386
Code, regardless of whether anyone has been convicted of a	2387
violation of that section or of any other section for victimizing	2388
the person.	2389

(B) Any person who is or was convicted of a violation of	2390
section 2907.24, 2907.241, or 2907.25 of the Revised Code may	2391
apply to the sentencing court for the expungement of the record of	2392
conviction if the person's participation in the offense was a	2393
result of the person having been a victim of human trafficking.	2394
The person may file the application at any time. The application	2395
shall do all of the following:	2396

(1) Identify the applicant, the offense for which the	2397
expungement is sought, the date of the conviction of that offense,	2398
and the court in which the conviction occurred;	2399

(2) Describe the evidence and provide copies of any	2400
documentation showing that the person is entitled to relief under	2401
this section;	2402

(3) Include a request for expungement of the record of	2403
conviction of that offense under this section.	2404

(C) The court may deny an application made under division (B)	2405
of this section if it finds that the application fails to assert	2406
grounds on which relief may be granted.	2407

(D) If the court does not deny an application under division	2408
(C) of this section, it shall set a date for a hearing and shall	2409
notify the prosecutor for the case from which the record of	2410
conviction resulted of the hearing on the application. The	2411
prosecutor may object to the granting of the application by filing	2412
an objection with the court prior to the date set for the hearing.	2413
The prosecutor shall specify in the objection the reasons for	2414
believing a denial of the application is justified. The court may	2415
direct its regular probation officer, a state probation officer,	2416
or the department of probation of the county in which the	2417
applicant resides to make inquiries and written reports as the	2418
court requires concerning the applicant.	2419

(E) At the hearing held under division (D) of this section,	2420
the court shall do both of the following:	2421

(1) If the prosecutor has filed an objection, consider the	2422
reasons against granting the application specified by the	2423
prosecutor in the objection;	2424

(2) Determine whether the applicant has demonstrated by a	2425
preponderance of the evidence that the applicant's participation	2426
in the offense was a result of having been a victim of human	2427
trafficking.	2428

(F) If after a hearing the court finds that the applicant has	2429
demonstrated by a preponderance of the evidence that the	2430
applicant's participation in the offense that is the subject of	2431
the application was the result of the applicant having been a	2432
victim of human trafficking, the court shall grant the application	2433
and order that the record of conviction be expunged.	2434

(G)(1) The court shall send notice of the order of	2435
expungement to each public office or agency that the court has	2436
reason to believe may have an official record pertaining to the	2437
case if the court, after complying with division (E) of this	2438
section, determines both of the following:	2439

(a) That the applicant has been convicted of a violation of	2440
section 2907.24, 2907.241, or 2907.25 of the Revised Code;	2441

(b) That the interests of the applicant in having the records	2442
pertaining to the applicant's conviction expunged are not	2443
outweighed by any legitimate needs of the government to maintain	2444
those records.	2445

(2) The proceedings in the case that is the subject of an	2446
order issued under division (F) of this section shall be	2447
considered not to have occurred and the conviction of the person	2448
who is the subject of the proceedings shall be expunged. The	2449
record of the conviction shall not be used for any purpose,	2450
including, but not limited to, a criminal records check under	2451
section 109.572 of the Revised Code. The applicant may, and the	2452
court shall, reply that no record exists with respect to the	2453
applicant upon any inquiry into the matter.	2454

(H) Upon the filing of an application under this section, the	2455
applicant, unless indigent, shall pay a fee of fifty dollars. The	2456
court shall pay thirty dollars of the fee into the state treasury	2457
and shall pay twenty dollars of the fee into the county general	2458
revenue fund.	2459

Sec. 2981.12. (A) Unclaimed or forfeited property in the	2460
custody of a law enforcement agency, other than property described	2461
in division (A)(2) of section 2981.11 of the Revised Code, shall	2462
be disposed of by order of any court of record that has	2463
territorial jurisdiction over the political subdivision that	2464
employs the law enforcement agency, as follows:	2465

(1) Drugs shall be disposed of pursuant to section 3719.11 of	2466
the Revised Code or placed in the custody of the secretary of the	2467
treasury of the United States for disposal or use for medical or	2468
scientific purposes under applicable federal law.	2469

(2) Firearms and dangerous ordnance suitable for police work	2470
may be given to a law enforcement agency for that purpose.	2471
Firearms suitable for sporting use or as museum pieces or	2472
collectors' items may be sold at public auction pursuant to	2473
division (B) of this section. The agency may sell other firearms	2474
and dangerous ordnance to a federally licensed firearms dealer in	2475
a manner that the court considers proper. The agency shall destroy	2476
any firearms or dangerous ordnance not given to a law enforcement	2477
agency or sold or shall send them to the bureau of criminal	2478
identification and investigation for destruction by the bureau.	2479

(3) Obscene materials shall be destroyed.

2480

(4) Beer, intoxicating liquor, or alcohol seized from a	2481
person who does not hold a permit issued under Chapters 4301. and	2482
4303. of the Revised Code or otherwise forfeited to the state for	2483
an offense under section 4301.45 or 4301.53 of the Revised Code	2484
shall be sold by the division of liquor control if the division	2485
determines that it is fit for sale or shall be placed in the	2486
custody of the investigations unit in the department of public	2487
safety and be used for training relating to law enforcement	2488
activities. The department, with the assistance of the division of	2489
liquor control, shall adopt rules in accordance with Chapter 119.	2490
of the Revised Code to provide for the distribution to state or	2491
local law enforcement agencies upon their request. If any tax	2492
imposed under Title XLIII of the Revised Code has not been paid in	2493
relation to the beer, intoxicating liquor, or alcohol, any moneys	2494
acquired from the sale shall first be used to pay the tax. All	2495
other money collected under this division shall be paid into the	2496
state treasury. Any beer, intoxicating liquor, or alcohol that the	2497
division determines to be unfit for sale shall be destroyed.	2498

(5) Money received by an inmate of a correctional institution	2499
from an unauthorized source or in an unauthorized manner shall be	2500
returned to the sender, if known, or deposited in the inmates'	2501
industrial and entertainment fund of the institution if the sender	2502
is not known.	2503

(6)(a) Any mobile instrumentality forfeited under this	2504
chapter may be given to the law enforcement agency that initially	2505
seized the mobile instrumentality for use in performing its	2506
duties, if the agency wants the mobile instrumentality. The agency	2507
shall take the mobile instrumentality subject to any security	2508
interest or lien on the mobile instrumentality.	2509

(b) Vehicles and vehicle parts forfeited under sections	2510
4549.61 to 4549.63 of the Revised Code may be given to a law	2511
enforcement agency for use in performing its duties. Those parts	2512
may be incorporated into any other official vehicle. Parts that do	2513
not bear vehicle identification numbers or derivatives of them may	2514
be sold or disposed of as provided by rules of the director of	2515
public safety. Parts from which a vehicle identification number or	2516
derivative of it has been removed, defaced, covered, altered, or	2517
destroyed and that are not suitable for police work or	2518
incorporation into an official vehicle shall be destroyed and sold	2519
as junk or scrap.	2520

(7) Computers, computer networks, computer systems, and	2521
computer software suitable for police work may be given to a law	2522
enforcement agency for that purpose or disposed of under division	2523
(B) of this section.	2524

(8) Money seized in connection with a violation of section	2525
2905.32, 2907.21, or 2907.22 of the Revised Code shall be	2526
deposited in the victims of human trafficking fund created by	2527
section 5101.87 of the Revised Code.	2528

(B) Unclaimed or forfeited property that is not described in	2529
division (A) of this section or division (A)(2) of section 2981.11	2530
of the Revised Code, with court approval, may be used by the law	2531
enforcement agency in possession of it. If it is not used by the	2532
agency, it may be sold without appraisal at a public auction to	2533
the highest bidder for cash or disposed of in another manner that	2534
the court considers proper.	2535

(C) Except as provided in divisions (A) and (F) of this	2536
section and after compliance with division (D) of this section	2537
when applicable, any moneys acquired from the sale of property	2538
disposed of pursuant to this section shall be placed in the	2539
general revenue fund of the state, or the general fund of the	2540
county, the township, or the municipal corporation of which the	2541
law enforcement agency involved is an agency.	2542

(D) If the property was in the possession of the law	2543
enforcement agency in relation to a delinquent child proceeding in	2544
a juvenile court, ten per cent of any moneys acquired from the	2545
sale of property disposed of under this section shall be applied	2546
to one or more alcohol and drug addiction treatment programs that	2547
are certified by the department of alcohol and drug addiction	2548
services under section 3793.06 of the Revised Code. A juvenile	2549
court shall not specify a program, except as provided in this	2550
division, unless the program is in the same county as the court or	2551
in a contiguous county. If no certified program is located in any	2552
of those counties, the juvenile court may specify a certified	2553
program anywhere in Ohio. The remaining ninety per cent of the	2554
proceeds or cash shall be applied as provided in division (C) of	2555
this section.	2556

Each treatment program that receives in any calendar year	2557
forfeited money under this division shall file an annual report	2558
for that year with the attorney general and with the court of	2559
common pleas and board of county commissioners of the county in	2560
which the program is located and of any other county from which	2561
the program received forfeited money. The program shall file the	2562
report on or before the first day of March in the calendar year	2563
following the calendar year in which the program received the	2564
money. The report shall include statistics on the number of	2565
persons the program served, identify the types of treatment	2566
services it provided to them, and include a specific accounting of	2567
the purposes for which it used the money so received. No	2568
information contained in the report shall identify, or enable a	2569
person to determine the identity of, any person served by the	2570
program.	2571

(E) Each certified alcohol and drug addiction treatment	2572
program that receives in any calendar year money under this	2573
section or under section 2981.13 of the Revised Code as the result	2574
of a juvenile forfeiture order shall file an annual report for	2575
that calendar year with the attorney general and with the court of	2576
common pleas and board of county commissioners of the county in	2577
which the program is located and of any other county from which	2578
the program received the money. The program shall file the report	2579
on or before the first day of March in the calendar year following	2580
the year in which the program received the money. The report shall	2581
include statistics on the number of persons served with the money,	2582
identify the types of treatment services provided, and	2583
specifically account for how the money was used. No information in	2584
the report shall identify or enable a person to determine the	2585
identity of anyone served by the program.	2586

As used in this division, "juvenile-related forfeiture order"	2587
means any forfeiture order issued by a juvenile court under	2588
section 2981.04 or 2981.05 of the Revised Code and any disposal of	2589
property ordered by a court under section 2981.11 of the Revised	2590
Code regarding property that was in the possession of a law	2591
enforcement agency in relation to a delinquent child proceeding in	2592
a juvenile court.	2593

(F) Each board of county commissioners that recognizes a	2594
citizens' reward program under section 9.92 of the Revised Code	2595
shall notify each law enforcement agency of that county and of a	2596
township or municipal corporation wholly located in that county of	2597
the recognition by filing a copy of its resolution conferring that	2598
recognition with each of those agencies. When the board recognizes	2599
a citizens' reward program and the county includes a part, but not	2600
all, of the territory of a municipal corporation, the board shall	2601
so notify the law enforcement agency of that municipal corporation	2602
of the recognition of the citizens' reward program only if the	2603
county contains the highest percentage of the municipal	2604
corporation's population.	2605

Upon being so notified, each law enforcement agency shall pay	2606
twenty-five per cent of any forfeited proceeds or cash derived	2607
from each sale of property disposed of pursuant to this section to	2608
the citizens' reward program for use exclusively to pay rewards.	2609
No part of the funds may be used to pay expenses associated with	2610
the program. If a citizens' reward program that operates in more	2611
than one county or in another state in addition to this state	2612
receives funds under this section, the funds shall be used to pay	2613
rewards only for tips and information to law enforcement agencies	2614
concerning offenses committed in the county from which the funds	2615
were received.	2616

Receiving funds under this section or section 2981.11 of the	2617
Revised Code does not make the citizens' reward program a	2618
governmental unit or public office for purposes of section 149.43	2619
of the Revised Code.	2620

(G) Any property forfeited under this chapter shall not be	2621
used to pay any fine imposed upon a person who is convicted of or	2622
pleads guilty to an underlying criminal offense or a different	2623
offense arising out of the same facts and circumstances.	2624

(H) Any moneys acquired from the sale of personal effects,	2625
tools, or other property seized because the personal effects,	2626
tools, or other property were used in the commission of a	2627
violation of section 2905.32, 2907.21, or 2907.22 of the Revised	2628
Code or derived from the proceeds of the commission of a violation	2629
of section 2905.32, 2907.21, or 2907.22 of the Revised Code and	2630
disposed of pursuant to this section shall be placed in the	2631
victims of human trafficking fund created by section 5101.87 of	2632
the Revised Code.	2633

Sec. 4743.07. The general assembly strongly recommends that	2634
every board, commission, or agency that is created under or by	2635
virtue of Title XLVII of the Revised Code and that is authorized	2636
to grant licensure or certification to persons who may encounter	2637
human trafficking victims in the normal course of their work	2638
promulgate rules pursuant to Chapter 119. of the Revised Code to	2639
require those persons, as a condition of receiving or maintaining	2640
licensure or certification, to receive training in the recognition	2641
and handling of human trafficking cases.	2642

Sec. 5101.87. There is hereby created in the treasury of	2643
state the victims of human trafficking fund consisting of money	2644
seized in connection with trafficking in persons or acquired from	2645
the sale of property seized in connection with trafficking in	2646
persons and deposited pursuant to section 2981.12 of the Revised	2647
Code and such other money as may be appropriated or contributed to	2648
the fund. Money in the fund shall be used for the sole purpose of	2649
treating, caring for, rehabilitating, educating, housing, and	2650
providing assistance for victims of trafficking in persons. The	2651
director of job and family services shall administer the fund.	2652

Sec. 5502.63. (A) The division of criminal justice services	2653
in the department of public safety shall prepare a poster and a	2654
brochure that describe safe firearms practices. The poster and	2655
brochure shall contain typeface that is at least one-quarter inch	2656
tall. The division shall furnish copies of the poster and brochure	2657
free of charge to each federally licensed firearms dealer in this	2658
state.	2659

As used in this sectiondivision, "federally licensed	2660
firearms dealer" means an importer, manufacturer, or dealer having	2661
a license to deal in destructive devices or their ammunition,	2662
issued and in effect pursuant to the federal "Gun Control Act of	2663
1968," 82 Stat. 1213, 18 U.S.C. 923 et seq., and any amendments or	2664
additions to that act or reenactments of that act.	2665

(B)(1) The division of criminal justice services shall create	2666
a poster that provides information regarding the national human	2667
trafficking resource center hotline. The poster shall be no	2668
smaller than eight and one-half inches by eleven inches in size	2669
and shall include a statement in substantially the following form:	2670

"If you or someone you know is being forced to engage in any	2671
activity and cannot leave – whether it is commercial sex,	2672
housework, farm work, or any other activity – call the National	2673
Human Trafficking Resource Center Hotline at 1-888-373-7888 to	2674
access help and services.	2675

Victims of human trafficking are protected under U.S. and	2676
Ohio law.	2677

The toll-free Hotline is:

2678

- Available 24 hours a day, 7 days a week

2679

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

2680

- Anonymous & confidential

2681

- Accessible in 170 languages

2682

- Able to provide help, referral to services, training,	2683
and general information."	2684

The statement shall appear on each poster in English,	2685
Spanish, and, for each county, any other language required for	2686
voting materials in that county under section 1973aa-1a of the	2687
"Voting Rights Act of 1965," 79 Stat. 437, 42 U.S.C. 1973, as	2688
amended. In addition to the national human trafficking resource	2689
center hotline, the statement may contain any additional hotlines	2690
regarding human trafficking for access to help and services.	2691

(2) The division shall make the poster available for print on	2692
its public web site and shall make the poster available to and	2693
encourage its display at each of the following places:	2694

(a) A highway truck stop;

2695

(b) A hotel, as defined in section 3731.01 of the Revised	2696
Code;	2697

(c) An adult entertainment establishment, as defined in	2698
section 2907.39 of the Revised Code;	2699

(d) A beauty salon, as defined in section 4713.01 of the	2700
Revised Code;	2701

(e) An agricultural labor camp, as defined in section 3733.41	2702
of the Revised Code;	2703

(f) A hospital or urgent care center;

2704

(g) Any place where there is occurring a contest for the	2705
championship of a division, conference, or league of a	2706
professional athletic association or of a national collegiate	2707
athletic association division I intercollegiate sport or where	2708
there is occurring an athletic competition at which cash prizes	2709
are awarded to individuals or teams;	2710

(h) Any establishment operating as a massage parlor, massage	2711
spa, alternative health clinic, or similar entity by persons who	2712
do not hold a valid certificate from the state medical board to	2713
practice massage therapy under Chapter 4731. of the Revised Code;	2714

(i) A fair.

2715

(3) As used in this section:

2716

(a) "Fair" means the annual exposition conducted by any	2717
county or independent agricultural society or the Ohio expositions	2718
commission.	2719

(b) "Highway truck stop" means a gas station with a sign that	2720
is visible from a highway, as defined in section 5501.01 of the	2721
Revised Code, that offers amenities to commercial vehicles.	2722

Section 2. That existing sections 109.73, 2151.358, 2152.021,	2723
2743.60, 2905.32, 2907.07, 2907.23, 2921.32, 2923.31, 2929.13,	2724
2950.01, 2953.321, 2953.35, 2981.12, and 5502.63 of the Revised	2725
Code are hereby repealed.	2726

Section 3. If any provision of section 109.66, 109.73,	2727
109.745, 109.746, 2151.358, 2152.021, 2307.51, 2743.60, 2905.32,	2728
2907.23, 2921.32, 2923.31, 2929.13, 2950.01, 2953.321, 2953.35,	2729
2953.38, 2981.12, 4743.07, 5101.87, or 5502.63 of the Revised	2730
Code, as amended or enacted by this act, or the application of	2731
that provision to any person or circumstance is held invalid, the	2732
invalidity of that provision does not affect any other provisions	2733
or applications of those sections that can be given effect without	2734
the invalid provision or application, and to this end the	2735
provisions of those sections are severable as provided in section	2736
1.50 of the Revised Code.	2737

Section 4. This act is hereby declared to be an emergency	2738
measure necessary for the immediate preservation of the public	2739
peace, health, and safety. The reasons for such necessity are the	2740
continuing abuse of children by human traffickers and the need to	2741
ensure that minor victims of human trafficking receive help to	2742
overcome their victimization. Therefore, this act shall go into	2743
immediate effect.	2744