As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 130


Representative Fedor 

Cosponsors: Representatives Antonio, Ashford, Barborak, Barnes, Bishoff, Boose, Boyce, Boyd, Brown, Buchy, Budish, Carney, Celebrezze, Cera, Clyde, Curtin, Derickson, Dovilla, Driehaus, Foley, Gerberry, Green, Hagan, R., Hall, Heard, Henne, Letson, Lundy, Maag, Mallory, Milkovich, O'Brien, Patmon, Patterson, Pelanda, Phillips, Pillich, Ramos, Redfern, Reece, Rogers, Schuring, Slesnick, Stautberg, Stebelton, Stinziano, Strahorn, Sykes, Szollosi, Terhar, Williams, Winburn, Butler, Amstutz, Anielski, Baker, Beck, Blair, Blessing, Brenner, Burkley, Conditt, Damschroder, DeVitis, Duffey, Grossman, Hackett, Hagan, C., Hayes, Hill, Hottinger, Huffman, Johnson, Landis, Lynch, McClain, McGregor, Roegner, Romanchuk, Ruhl, Scherer, Sears, Sheehy, Slaby, Sprague, Thompson Speaker Batchelder 



A BILL
To amend sections 109.54, 2151.414, 2151.419, 1
2901.13, 2905.32, 2907.02, 2907.05, 2907.07, 2
2907.22, 2907.24, 2907.241, 2907.25, 2929.01, 3
2937.11, 2950.01, and 2951.041 and to enact 4
sections 149.435, 2907.19, and 2927.17 of the 5
Revised Code to authorize a judge or magistrate to 6
order the testimony of a victim of trafficking in 7
persons to be taken by closed circuit television 8
equipment under certain circumstances, to prohibit 9
the disclosure of names or other information in a 10
routine police report that is highly likely to 11
identify an alleged delinquent child arrestee who 12
is abused and under 18, to specify that a public 13
children services agency or private child 14
placement agency is not required to make 15
reasonable efforts to prevent the removal of a 16
child from the child's home, eliminate the 17
continued removal of a child from the child's 18
home, or return a child to the child's home and 19
that a court find that a child cannot be placed 20
with either parent under specified circumstances, 21
to extend the period within which a prosecution 22
for trafficking in persons must be commenced from 23
six to twenty years after the offense is 24
committed, to specify that the Rape Shield Law 25
applies to evidence of a rape victim's involuntary 26
sexual activity as well as evidence of a rape 27
victim's voluntary sexual activity, to prohibit 28
the admission of evidence pertaining to a victim's 29
sexual activity in a case of trafficking in 30
persons in the same manner as the Rape Shield Law 31
does in a case of rape, to eliminate as an element 32
of the offense of importuning the offender's 33
knowledge or reckless disregard of the age of the 34
person importuned when the person importuned is a 35
victim of trafficking in persons who is 16 or 17 36
years of age, to provide that a minor or 37
developmentally disabled person is a victim of 38
trafficking in persons if recruited or otherwise 39
obtained or held to engage in certain specified 40
sexual, nudity, or obscenity related activities, 41
to include in the offense of promoting 42
prostitution certain specified activities that 43
through electronic means promotes or facilitates 44
sexual activity for hire, to increase the penalty 45
for soliciting when the person solicited is a 46
minor, to create an affirmative defense that a 47
defendant charged with soliciting or prostitution 48
after a positive HIV test was being trafficked, to 49
require offenders convicted of solicitation when 50
the person solicited is under 18 years of age to 51
register as sex offenders, to prohibit the 52
advertisement of massage or massage techniques or 53
methods unless certain circumstances apply, to 54
allow a victim of trafficking in persons to be 55
eligible for intervention in lieu of conviction, 56
and to declare an emergency.57


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

       Section 1. That sections 109.54, 2151.414, 2151.419, 2901.13, 58
2905.32, 2907.02, 2907.05, 2907.07, 2907.22, 2907.24, 2907.241, 59
2907.25, 2929.01, 2937.11, 2950.01, and 2951.041 be amended and 60
sections 149.435, 2907.19, and 2927.17 of the Revised Code be 61
enacted to read as follows:62

       Sec. 109.54.  (A) The bureau of criminal identification and 63
investigation may investigate any criminal activity in this state 64
that is of statewide or intercounty concern when requested by 65
local authorities and may aid federal authorities, when requested, 66
in their investigation of any criminal activity in this state. The 67
bureau may investigate any criminal activity in this state related 68
to the conduct of elections when requested by the secretary of 69
state. The bureau may investigate any criminal activity in this 70
state involving drug abuse or illegal drug distribution prohibited 71
under Chapter 3719. or 4729. of the Revised Code. The 72
superintendent and any agent of the bureau may participate, as the 73
director of an organized crime task force established under 74
section 177.02 of the Revised Code or as a member of the 75
investigatory staff of a task force established under that 76
section, in an investigation of organized criminal activity 77
anywhere within this state under sections 177.01 to 177.03 of the 78
Revised Code.79

       (B) The bureau may provide any trained investigative 80
personnel and specialized equipment that are requested by any 81
sheriff or chief of police, by the authorized designee of any 82
sheriff or chief of police, or by any other authorized law 83
enforcement officer to aid and assist the officer in the 84
investigation and solution of any crime or the control of any 85
criminal activity occurring within the officer's jurisdiction. 86
This assistance shall be furnished by the bureau without 87
disturbing or impairing any of the existing law enforcement 88
authority or the prerogatives of local law enforcement authorities 89
or officers. Investigators provided pursuant to this section, or 90
engaged in an investigation pursuant to section 109.83 of the 91
Revised Code, may go armed in the same manner as sheriffs and 92
regularly appointed police officers under section 2923.12 of the 93
Revised Code.94

       (C)(1) The bureau shall obtain recording equipment that can 95
be used to record depositions of the type described in division 96
(A) of section 2152.81 and division (A) of section 2945.481 of the 97
Revised Code, or testimony of the type described in division (D) 98
of section 2152.81 and division (D) of section 2945.481 or in 99
division (C) of section 2937.11 of the Revised Code, shall obtain 100
closed circuit equipment that can be used to televise testimony of 101
the type described in division (C) of section 2152.81 and division 102
(C) of section 2945.481 or in division (B) or (D) of section 103
2937.11 of the Revised Code, and shall provide the equipment, upon 104
request, to any court for use in recording any deposition or 105
testimony of one of those types or in televising the testimony in 106
accordance with the applicable division.107

       (2) The bureau shall obtain the names, addresses, and 108
telephone numbers of persons who are experienced in questioning 109
children in relation to an investigation of a violation of section 110
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 111
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, 112
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an 113
offense of violence and shall maintain a list of those names, 114
addresses, and telephone numbers. The list shall include a 115
classification of the names, addresses, and telephone numbers by 116
appellate district. Upon request, the bureau shall provide any 117
county sheriff, chief of police, prosecuting attorney, village 118
solicitor, city director of law, or similar chief legal officer 119
with the name, address, and telephone number of any person 120
contained in the list.121

       Sec. 149.435.  (A) As used in this section:122

       (1) "Abused child" has the same meaning as in section 123
2151.031 of the Revised Code.124

       (2) "Confidential law enforcement investigatory record" has 125
the same meaning as in section 149.43 of the Revised Code.126

       (3) "Law enforcement agency" means a municipal or township 127
police department, the office of a sheriff, the state highway 128
patrol, federal law enforcement, a county prosecuting attorney, 129
the office of the United States attorney, or a state or local 130
governmental body that enforces criminal laws and that has 131
employees who have a statutory power of arrest.132

       (4) "Routine factual report" means a police blotter, arrest 133
log, incident report, or other record of events maintained in 134
paper, electronic, or other form by a law enforcement agency, 135
other than a confidential law enforcement investigatory record. 136

       (B)(1) Except as provided in division (C) of this section, a 137
law enforcement agency or employee of a law enforcement agency 138
shall not disclose a name or other information contained in a 139
routine factual report that is highly likely to identify an 140
alleged delinquent child or arrestee who is also an abused child 141
and who is under eighteen years of age at the time the report is 142
created. If the agency or employee does not know whether the 143
alleged delinquent child or arrestee is an abused child, the 144
agency or employee shall attempt to determine whether or not the 145
alleged delinquent child or arrestee is an abused child and shall 146
not disclose the name or other information before making the 147
determination.148

       (2) No person to whom information described in division 149
(B)(1) of this section is disclosed, and no employer of that 150
person, shall further disclose that information except as provided 151
in division (C) of this section.152

       (C) This section does not prohibit the disclosure of 153
information described in division (B) of this section to any of 154
the following:155

       (1) An employee of a law enforcement agency for the purpose 156
of investigating or prosecuting a crime or delinquent act; 157

       (2) An employee of the department of youth services or a 158
probation officer who is supervising an alleged delinquent child 159
or arrestee who is also an abused child and who is under eighteen 160
years of age;161

       (3) An employee of a law enforcement agency for use in the 162
employee's defense of a civil or administrative action arising out 163
of the employee's involvement in the case that gave rise to the 164
civil or administrative action;165

       (4) An employee of the attorney general's office responsible 166
for administering awards of reparations under section 2743.191 of 167
the Revised Code;168

       (5) Any other person pursuant to a court order.169

       Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant 170
to section 2151.413 of the Revised Code for permanent custody of a 171
child, the court shall schedule a hearing and give notice of the 172
filing of the motion and of the hearing, in accordance with 173
section 2151.29 of the Revised Code, to all parties to the action 174
and to the child's guardian ad litem. The notice also shall 175
contain a full explanation that the granting of permanent custody 176
permanently divests the parents of their parental rights, a full 177
explanation of their right to be represented by counsel and to 178
have counsel appointed pursuant to Chapter 120. of the Revised 179
Code if they are indigent, and the name and telephone number of 180
the court employee designated by the court pursuant to section 181
2151.314 of the Revised Code to arrange for the prompt appointment 182
of counsel for indigent persons. 183

       The court shall conduct a hearing in accordance with section 184
2151.35 of the Revised Code to determine if it is in the best 185
interest of the child to permanently terminate parental rights and 186
grant permanent custody to the agency that filed the motion. The 187
adjudication that the child is an abused, neglected, or dependent 188
child and any dispositional order that has been issued in the case 189
under section 2151.353 of the Revised Code pursuant to the 190
adjudication shall not be readjudicated at the hearing and shall 191
not be affected by a denial of the motion for permanent custody.192

       (2) The court shall hold the hearing scheduled pursuant to 193
division (A)(1) of this section not later than one hundred twenty 194
days after the agency files the motion for permanent custody, 195
except that, for good cause shown, the court may continue the 196
hearing for a reasonable period of time beyond the 197
one-hundred-twenty-day deadline. The court shall issue an order 198
that grants, denies, or otherwise disposes of the motion for 199
permanent custody, and journalize the order, not later than two 200
hundred days after the agency files the motion.201

       If a motion is made under division (D)(2) of section 2151.413 202
of the Revised Code and no dispositional hearing has been held in 203
the case, the court may hear the motion in the dispositional 204
hearing required by division (B) of section 2151.35 of the Revised 205
Code. If the court issues an order pursuant to section 2151.353 of 206
the Revised Code granting permanent custody of the child to the 207
agency, the court shall immediately dismiss the motion made under 208
division (D)(2) of section 2151.413 of the Revised Code.209

       The failure of the court to comply with the time periods set 210
forth in division (A)(2) of this section does not affect the 211
authority of the court to issue any order under this chapter and 212
does not provide any basis for attacking the jurisdiction of the 213
court or the validity of any order of the court.214

       (B)(1) Except as provided in division (B)(2) of this section, 215
the court may grant permanent custody of a child to a movant if 216
the court determines at the hearing held pursuant to division (A) 217
of this section, by clear and convincing evidence, that it is in 218
the best interest of the child to grant permanent custody of the 219
child to the agency that filed the motion for permanent custody 220
and that any of the following apply:221

       (a) The child is not abandoned or orphaned, has not been in 222
the temporary custody of one or more public children services 223
agencies or private child placing agencies for twelve or more 224
months of a consecutive twenty-two-month period, or has not been 225
in the temporary custody of one or more public children services 226
agencies or private child placing agencies for twelve or more 227
months of a consecutive twenty-two-month period if, as described 228
in division (D)(1) of section 2151.413 of the Revised Code, the 229
child was previously in the temporary custody of an equivalent 230
agency in another state, and the child cannot be placed with 231
either of the child's parents within a reasonable time or should 232
not be placed with the child's parents.233

       (b) The child is abandoned.234

       (c) The child is orphaned, and there are no relatives of the 235
child who are able to take permanent custody.236

       (d) The child has been in the temporary custody of one or 237
more public children services agencies or private child placing 238
agencies for twelve or more months of a consecutive 239
twenty-two-month period, or the child has been in the temporary 240
custody of one or more public children services agencies or 241
private child placing agencies for twelve or more months of a 242
consecutive twenty-two-month period and, as described in division 243
(D)(1) of section 2151.413 of the Revised Code, the child was 244
previously in the temporary custody of an equivalent agency in 245
another state.246

       For the purposes of division (B)(1) of this section, a child 247
shall be considered to have entered the temporary custody of an 248
agency on the earlier of the date the child is adjudicated 249
pursuant to section 2151.28 of the Revised Code or the date that 250
is sixty days after the removal of the child from home.251

       (2) With respect to a motion made pursuant to division (D)(2) 252
of section 2151.413 of the Revised Code, the court shall grant 253
permanent custody of the child to the movant if the court 254
determines in accordance with division (E) of this section that 255
the child cannot be placed with one of the child's parents within 256
a reasonable time or should not be placed with either parent and 257
determines in accordance with division (D) of this section that 258
permanent custody is in the child's best interest.259

       (C) In making the determinations required by this section or 260
division (A)(4) of section 2151.353 of the Revised Code, a court 261
shall not consider the effect the granting of permanent custody to 262
the agency would have upon any parent of the child. A written 263
report of the guardian ad litem of the child shall be submitted to 264
the court prior to or at the time of the hearing held pursuant to 265
division (A) of this section or section 2151.35 of the Revised 266
Code but shall not be submitted under oath.267

       If the court grants permanent custody of a child to a movant 268
under this division, the court, upon the request of any party, 269
shall file a written opinion setting forth its findings of fact 270
and conclusions of law in relation to the proceeding. The court 271
shall not deny an agency's motion for permanent custody solely 272
because the agency failed to implement any particular aspect of 273
the child's case plan.274

       (D)(1) In determining the best interest of a child at a 275
hearing held pursuant to division (A) of this section or for the 276
purposes of division (A)(4) or (5) of section 2151.353 or division 277
(C) of section 2151.415 of the Revised Code, the court shall 278
consider all relevant factors, including, but not limited to, the 279
following:280

       (a) The interaction and interrelationship of the child with 281
the child's parents, siblings, relatives, foster caregivers and 282
out-of-home providers, and any other person who may significantly 283
affect the child;284

       (b) The wishes of the child, as expressed directly by the 285
child or through the child's guardian ad litem, with due regard 286
for the maturity of the child;287

       (c) The custodial history of the child, including whether the 288
child has been in the temporary custody of one or more public 289
children services agencies or private child placing agencies for 290
twelve or more months of a consecutive twenty-two-month period, or 291
the child has been in the temporary custody of one or more public 292
children services agencies or private child placing agencies for 293
twelve or more months of a consecutive twenty-two-month period 294
and, as described in division (D)(1) of section 2151.413 of the 295
Revised Code, the child was previously in the temporary custody of 296
an equivalent agency in another state;297

       (d) The child's need for a legally secure permanent placement 298
and whether that type of placement can be achieved without a grant 299
of permanent custody to the agency;300

       (e) Whether any of the factors in divisions (E)(7) to (11) of 301
this section apply in relation to the parents and child.302

       For the purposes of division (D)(1) of this section, a child 303
shall be considered to have entered the temporary custody of an 304
agency on the earlier of the date the child is adjudicated 305
pursuant to section 2151.28 of the Revised Code or the date that 306
is sixty days after the removal of the child from home.307

       (2) If all of the following apply, permanent custody is in 308
the best interest of the child, and the court shall commit the 309
child to the permanent custody of a public children services 310
agency or private child placing agency:311

       (a) The court determines by clear and convincing evidence 312
that one or more of the factors in division (E) of this section 313
exist and the child cannot be placed with one of the child's 314
parents within a reasonable time or should not be placed with 315
either parent.316

       (b) The child has been in an agency's custody for two years 317
or longer, and no longer qualifies for temporary custody pursuant 318
to division (D) of section 2151.415 of the Revised Code.319

       (c) The child does not meet the requirements for a planned 320
permanent living arrangement pursuant to division (A)(5) of 321
section 2151.353 of the Revised Code.322

       (d) Prior to the dispositional hearing, no relative or other 323
interested person has filed, or has been identified in, a motion 324
for legal custody of the child.325

       (E) In determining at a hearing held pursuant to division (A) 326
of this section or for the purposes of division (A)(4) of section 327
2151.353 of the Revised Code whether a child cannot be placed with 328
either parent within a reasonable period of time or should not be 329
placed with the parents, the court shall consider all relevant 330
evidence. If the court determines, by clear and convincing 331
evidence, at a hearing held pursuant to division (A) of this 332
section or for the purposes of division (A)(4) of section 2151.353 333
of the Revised Code that one or more of the following exist as to 334
each of the child's parents, the court shall enter a finding that 335
the child cannot be placed with either parent within a reasonable 336
time or should not be placed with either parent:337

       (1) Following the placement of the child outside the child's 338
home and notwithstanding reasonable case planning and diligent 339
efforts by the agency to assist the parents to remedy the problems 340
that initially caused the child to be placed outside the home, the 341
parent has failed continuously and repeatedly to substantially 342
remedy the conditions causing the child to be placed outside the 343
child's home. In determining whether the parents have 344
substantially remedied those conditions, the court shall consider 345
parental utilization of medical, psychiatric, psychological, and 346
other social and rehabilitative services and material resources 347
that were made available to the parents for the purpose of 348
changing parental conduct to allow them to resume and maintain 349
parental duties.350

       (2) Chronic mental illness, chronic emotional illness, mental 351
retardation, physical disability, or chemical dependency of the 352
parent that is so severe that it makes the parent unable to 353
provide an adequate permanent home for the child at the present 354
time and, as anticipated, within one year after the court holds 355
the hearing pursuant to division (A) of this section or for the 356
purposes of division (A)(4) of section 2151.353 of the Revised 357
Code;358

       (3) The parent committed any abuse as described in section 359
2151.031 of the Revised Code against the child, caused the child 360
to suffer any neglect as described in section 2151.03 of the 361
Revised Code, or allowed the child to suffer any neglect as 362
described in section 2151.03 of the Revised Code between the date 363
that the original complaint alleging abuse or neglect was filed 364
and the date of the filing of the motion for permanent custody;365

       (4) The parent has demonstrated a lack of commitment toward 366
the child by failing to regularly support, visit, or communicate 367
with the child when able to do so, or by other actions showing an 368
unwillingness to provide an adequate permanent home for the child;369

       (5) The parent is incarcerated for an offense committed 370
against the child or a sibling of the child;371

       (6) The parent has been convicted of or pleaded guilty to an 372
offense under division (A) or (C) of section 2919.22 or under 373
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 374
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,375
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 376
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, 377
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the 378
Revised Code, and the child or a sibling of the child was a victim 379
of the offense, or the parent has been convicted of or pleaded 380
guilty to an offense under section 2903.04 of the Revised Code, a 381
sibling of the child was the victim of the offense, and the parent 382
who committed the offense poses an ongoing danger to the child or 383
a sibling of the child.384

       (7) The parent has been convicted of or pleaded guilty to one 385
of the following:386

       (a) An offense under section 2903.01, 2903.02, or 2903.03 of 387
the Revised Code or under an existing or former law of this state, 388
any other state, or the United States that is substantially 389
equivalent to an offense described in those sections and the 390
victim of the offense was a sibling of the child or the victim was 391
another child who lived in the parent's household at the time of 392
the offense;393

       (b) An offense under section 2903.11, 2903.12, or 2903.13 of 394
the Revised Code or under an existing or former law of this state, 395
any other state, or the United States that is substantially 396
equivalent to an offense described in those sections and the 397
victim of the offense is the child, a sibling of the child, or 398
another child who lived in the parent's household at the time of 399
the offense;400

       (c) An offense under division (B)(2) of section 2919.22 of 401
the Revised Code or under an existing or former law of this state, 402
any other state, or the United States that is substantially 403
equivalent to the offense described in that section and the child, 404
a sibling of the child, or another child who lived in the parent's 405
household at the time of the offense is the victim of the offense;406

       (d) An offense under section 2907.02, 2907.03, 2907.04, 407
2907.05, or 2907.06 of the Revised Code or under an existing or 408
former law of this state, any other state, or the United States 409
that is substantially equivalent to an offense described in those 410
sections and the victim of the offense is the child, a sibling of 411
the child, or another child who lived in the parent's household at 412
the time of the offense;413

       (e) An offense under section 2905.32, 2907.21, or 2907.22 of 414
the Revised Code or under an existing or former law of this state, 415
any other state, or the United States that is substantially 416
equivalent to the offense described in that section and the victim 417
of the offense is the child, a sibling of the child, or another 418
child who lived in the parent's household at the time of the 419
offense;420

        (f) A conspiracy or attempt to commit, or complicity in 421
committing, an offense described in division (E)(7)(a) or, (d), or 422
(e) of this section.423

       (8) The parent has repeatedly withheld medical treatment or 424
food from the child when the parent has the means to provide the 425
treatment or food, and, in the case of withheld medical treatment, 426
the parent withheld it for a purpose other than to treat the 427
physical or mental illness or defect of the child by spiritual 428
means through prayer alone in accordance with the tenets of a 429
recognized religious body.430

       (9) The parent has placed the child at substantial risk of 431
harm two or more times due to alcohol or drug abuse and has 432
rejected treatment two or more times or refused to participate in 433
further treatment two or more times after a case plan issued 434
pursuant to section 2151.412 of the Revised Code requiring 435
treatment of the parent was journalized as part of a dispositional 436
order issued with respect to the child or an order was issued by 437
any other court requiring treatment of the parent.438

       (10) The parent has abandoned the child.439

       (11) The parent has had parental rights involuntarily 440
terminated with respect to a sibling of the child pursuant to this 441
section or section 2151.353 or 2151.415 of the Revised Code, or 442
under an existing or former law of this state, any other state, or 443
the United States that is substantially equivalent to those 444
sections, and the parent has failed to provide clear and 445
convincing evidence to prove that, notwithstanding the prior 446
termination, the parent can provide a legally secure permanent 447
placement and adequate care for the health, welfare, and safety of 448
the child.449

       (12) The parent is incarcerated at the time of the filing of 450
the motion for permanent custody or the dispositional hearing of 451
the child and will not be available to care for the child for at 452
least eighteen months after the filing of the motion for permanent 453
custody or the dispositional hearing.454

       (13) The parent is repeatedly incarcerated, and the repeated 455
incarceration prevents the parent from providing care for the 456
child.457

       (14) The parent for any reason is unwilling to provide food, 458
clothing, shelter, and other basic necessities for the child or to 459
prevent the child from suffering physical, emotional, or sexual 460
abuse or physical, emotional, or mental neglect.461

       (15) The parent has committed abuse as described in section 462
2151.031 of the Revised Code against the child or caused or 463
allowed the child to suffer neglect as described in section 464
2151.03 of the Revised Code, and the court determines that the 465
seriousness, nature, or likelihood of recurrence of the abuse or 466
neglect makes the child's placement with the child's parent a 467
threat to the child's safety.468

       (16) Any other factor the court considers relevant.469

       (F) The parents of a child for whom the court has issued an 470
order granting permanent custody pursuant to this section, upon 471
the issuance of the order, cease to be parties to the action. This 472
division is not intended to eliminate or restrict any right of the 473
parents to appeal the granting of permanent custody of their child 474
to a movant pursuant to this section.475

       Sec. 2151.419.  (A)(1) Except as provided in division (A)(2) 476
of this section, at any hearing held pursuant to section 2151.28, 477
division (E) of section 2151.31, or section 2151.314, 2151.33, or 478
2151.353 of the Revised Code at which the court removes a child 479
from the child's home or continues the removal of a child from the 480
child's home, the court shall determine whether the public 481
children services agency or private child placing agency that 482
filed the complaint in the case, removed the child from home, has 483
custody of the child, or will be given custody of the child has 484
made reasonable efforts to prevent the removal of the child from 485
the child's home, to eliminate the continued removal of the child 486
from the child's home, or to make it possible for the child to 487
return safely home. The agency shall have the burden of proving 488
that it has made those reasonable efforts. If the agency removed 489
the child from home during an emergency in which the child could 490
not safely remain at home and the agency did not have prior 491
contact with the child, the court is not prohibited, solely 492
because the agency did not make reasonable efforts during the 493
emergency to prevent the removal of the child, from determining 494
that the agency made those reasonable efforts. In determining 495
whether reasonable efforts were made, the child's health and 496
safety shall be paramount.497

       (2) If any of the following apply, the court shall make a 498
determination that the agency is not required to make reasonable 499
efforts to prevent the removal of the child from the child's home, 500
eliminate the continued removal of the child from the child's 501
home, and return the child to the child's home:502

       (a) The parent from whom the child was removed has been 503
convicted of or pleaded guilty to one of the following:504

       (i) An offense under section 2903.01, 2903.02, or 2903.03 of 505
the Revised Code or under an existing or former law of this state, 506
any other state, or the United States that is substantially 507
equivalent to an offense described in those sections and the 508
victim of the offense was a sibling of the child or the victim was 509
another child who lived in the parent's household at the time of 510
the offense;511

       (ii) An offense under section 2903.11, 2903.12, or 2903.13 of 512
the Revised Code or under an existing or former law of this state, 513
any other state, or the United States that is substantially 514
equivalent to an offense described in those sections and the 515
victim of the offense is the child, a sibling of the child, or 516
another child who lived in the parent's household at the time of 517
the offense;518

       (iii) An offense under division (B)(2) of section 2919.22 of 519
the Revised Code or under an existing or former law of this state, 520
any other state, or the United States that is substantially 521
equivalent to the offense described in that section and the child, 522
a sibling of the child, or another child who lived in the parent's 523
household at the time of the offense is the victim of the offense;524

       (iv) An offense under section 2907.02, 2907.03, 2907.04, 525
2907.05, or 2907.06 of the Revised Code or under an existing or 526
former law of this state, any other state, or the United States 527
that is substantially equivalent to an offense described in those 528
sections and the victim of the offense is the child, a sibling of 529
the child, or another child who lived in the parent's household at 530
the time of the offense;531

       (v) An offense under section 2907.21 or 2907.22 of the 532
Revised Code or under an existing or former law of this state, any 533
other state, or the United States that is substantially equivalent 534
to the offense described in those sections and the victim of the 535
offense is the child, a sibling of the child, or another child who 536
lived in the parent's household at the time of the offense;537

       (vi) An offense under division (A)(1) of section 2907.21 of 538
the Revised Code or under an existing or former law of this state, 539
any other state, or the United States that is substantially 540
equivalent to the offense described in that division and the 541
parent compels another to engage in sexual activity for hire with 542
the child, a sibling of the child, or another child who lived in 543
the parent's household at the time of the offense;544

       (vii) An offense under section 2905.32 of the Revised Code or 545
under an existing or former law of this state, any other state, or 546
the United States that is substantially equivalent to the offense 547
described in that section and the victim of the offense is the 548
child, a sibling of the child, or another child who lived in the 549
parent's household at the time of the offense;550

       (viii) A conspiracy or attempt to commit, or complicity in 551
committing, an offense described in division (A)(2)(a)(i) or,552
(iv), (v), (vi), or (vii) of this section.553

       (b) The parent from whom the child was removed has repeatedly 554
withheld medical treatment or food from the child when the parent 555
has the means to provide the treatment or food. If the parent has 556
withheld medical treatment in order to treat the physical or 557
mental illness or defect of the child by spiritual means through 558
prayer alone, in accordance with the tenets of a recognized 559
religious body, the court or agency shall comply with the 560
requirements of division (A)(1) of this section.561

       (c) The parent from whom the child was removed has placed the 562
child at substantial risk of harm two or more times due to alcohol 563
or drug abuse and has rejected treatment two or more times or 564
refused to participate in further treatment two or more times 565
after a case plan issued pursuant to section 2151.412 of the 566
Revised Code requiring treatment of the parent was journalized as 567
part of a dispositional order issued with respect to the child or 568
an order was issued by any other court requiring such treatment of 569
the parent.570

       (d) The parent from whom the child was removed has abandoned 571
the child.572

       (e) The parent from whom the child was removed has had 573
parental rights involuntarily terminated with respect to a sibling 574
of the child pursuant to section 2151.353, 2151.414, or 2151.415 575
of the Revised Code or under an existing or former law of this 576
state, any other state, or the United States that is substantially 577
equivalent to those sections.578

       (3) At any hearing in which the court determines whether to 579
return a child to the child's home, the court may issue an order 580
that returns the child in situations in which the conditions 581
described in divisions (A)(2)(a) to (e) of this section are 582
present.583

       (B)(1) A court that is required to make a determination as 584
described in division (A)(1) or (2) of this section shall issue 585
written findings of fact setting forth the reasons supporting its 586
determination. If the court makes a written determination under 587
division (A)(1) of this section, it shall briefly describe in the 588
findings of fact the relevant services provided by the agency to 589
the family of the child and why those services did not prevent the 590
removal of the child from the child's home or enable the child to 591
return safely home.592

       (2) If a court issues an order that returns the child to the 593
child's home in situations in which division (A)(2)(a), (b), (c), 594
(d), or (e) of this section applies, the court shall issue written 595
findings of fact setting forth the reasons supporting its 596
determination.597

       (C) If the court makes a determination pursuant to division 598
(A)(2) of this section, the court shall conduct a review hearing 599
pursuant to section 2151.417 of the Revised Code to approve a 600
permanency plan with respect to the child, unless the court issues 601
an order returning the child home pursuant to division (A)(3) of 602
this section. The hearing to approve the permanency plan may be 603
held immediately following the court's determination pursuant to 604
division (A)(2) of this section and shall be held no later than 605
thirty days following that determination.606

       Sec. 2901.13.  (A)(1) Except as provided in division (A)(2) 607
or (3) of this section or as otherwise provided in this section, a 608
prosecution shall be barred unless it is commenced within the 609
following periods after an offense is committed:610

       (a) For a felony, six years;611

       (b) For a misdemeanor other than a minor misdemeanor, two 612
years;613

       (c) For a minor misdemeanor, six months.614

       (2) There is no period of limitation for the prosecution of a 615
violation of section 2903.01 or 2903.02 of the Revised Code.616

       (3) Except as otherwise provided in divisions (B) to (H) of 617
this section, a prosecution of any of the following offenses shall 618
be barred unless it is commenced within twenty years after the 619
offense is committed:620

       (a) A violation of section 2903.03, 2903.04, 2905.01, 621
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 622
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 623
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised 624
Code, a violation of section 2903.11 or 2903.12 of the Revised 625
Code if the victim is a peace officer, a violation of section 626
2903.13 of the Revised Code that is a felony, or a violation of 627
former section 2907.12 of the Revised Code;628

       (b) A conspiracy to commit, attempt to commit, or complicity 629
in committing a violation set forth in division (A)(3)(a) of this 630
section.631

       (B)(1) Except as otherwise provided in division (B)(2) of 632
this section, if the period of limitation provided in division 633
(A)(1) or (3) of this section has expired, prosecution shall be 634
commenced for an offense of which an element is fraud or breach of 635
a fiduciary duty, within one year after discovery of the offense 636
either by an aggrieved person, or by the aggrieved person's legal 637
representative who is not a party to the offense.638

       (2) If the period of limitation provided in division (A)(1) 639
or (3) of this section has expired, prosecution for a violation of 640
section 2913.49 of the Revised Code shall be commenced within five 641
years after discovery of the offense either by an aggrieved person 642
or the aggrieved person's legal representative who is not a party 643
to the offense.644

       (C)(1) If the period of limitation provided in division 645
(A)(1) or (3) of this section has expired, prosecution shall be 646
commenced for the following offenses during the following 647
specified periods of time:648

       (a) For an offense involving misconduct in office by a public 649
servant, at any time while the accused remains a public servant, 650
or within two years thereafter;651

       (b) For an offense by a person who is not a public servant 652
but whose offense is directly related to the misconduct in office 653
of a public servant, at any time while that public servant remains 654
a public servant, or within two years thereafter.655

       (2) As used in this division:656

       (a) An "offense is directly related to the misconduct in 657
office of a public servant" includes, but is not limited to, a 658
violation of section 101.71, 101.91, 121.61 or 2921.13, division 659
(F) or (H) of section 102.03, division (A) of section 2921.02, 660
division (A) or (B) of section 2921.43, or division (F) or (G) of 661
section 3517.13 of the Revised Code, that is directly related to 662
an offense involving misconduct in office of a public servant.663

       (b) "Public servant" has the same meaning as in section 664
2921.01 of the Revised Code.665

       (D) An offense is committed when every element of the offense 666
occurs. In the case of an offense of which an element is a 667
continuing course of conduct, the period of limitation does not 668
begin to run until such course of conduct or the accused's 669
accountability for it terminates, whichever occurs first.670

       (E) A prosecution is commenced on the date an indictment is 671
returned or an information filed, or on the date a lawful arrest 672
without a warrant is made, or on the date a warrant, summons, 673
citation, or other process is issued, whichever occurs first. A 674
prosecution is not commenced by the return of an indictment or the 675
filing of an information unless reasonable diligence is exercised 676
to issue and execute process on the same. A prosecution is not 677
commenced upon issuance of a warrant, summons, citation, or other 678
process, unless reasonable diligence is exercised to execute the 679
same.680

       (F) The period of limitation shall not run during any time 681
when the corpus delicti remains undiscovered.682

       (G) The period of limitation shall not run during any time 683
when the accused purposely avoids prosecution. Proof that the 684
accused departed this state or concealed the accused's identity or 685
whereabouts is prima-facie evidence of the accused's purpose to 686
avoid prosecution.687

       (H) The period of limitation shall not run during any time a 688
prosecution against the accused based on the same conduct is 689
pending in this state, even though the indictment, information, or 690
process that commenced the prosecution is quashed or the 691
proceedings on the indictment, information, or process are set 692
aside or reversed on appeal.693

       (I) The period of limitation for a violation of any provision 694
of Title XXIX of the Revised Code that involves a physical or 695
mental wound, injury, disability, or condition of a nature that 696
reasonably indicates abuse or neglect of a child under eighteen 697
years of age or of a mentally retarded, developmentally disabled, 698
or physically impaired child under twenty-one years of age shall 699
not begin to run until either of the following occurs:700

       (1) The victim of the offense reaches the age of majority.701

       (2) A public children services agency, or a municipal or 702
county peace officer that is not the parent or guardian of the 703
child, in the county in which the child resides or in which the 704
abuse or neglect is occurring or has occurred has been notified 705
that abuse or neglect is known, suspected, or believed to have 706
occurred.707

       (J) As used in this section, "peace officer" has the same 708
meaning as in section 2935.01 of the Revised Code.709

       Sec. 2905.32. (A) No person shall knowingly recruit, lure, 710
entice, isolate, harbor, transport, provide, obtain, or maintain, 711
or knowingly attempt to recruit, lure, entice, isolate, harbor, 712
transport, provide, obtain, or maintain, another person knowing 713
that the person will be subjected to involuntary servitude or be 714
compelled to engage in sexual activity for hire, engage in a 715
performance that is obscene, sexually oriented, or nudity 716
oriented, or be a model or participant in the production of 717
material that is obscene, sexually oriented, or nudity oriented.718

       (B) No person shall knowingly recruit, lure, entice, isolate, 719
harbor, transport, provide, obtain, or maintain, or knowingly 720
attempt to recruit, lure, entice, isolate, harbor, transport, 721
provide, obtain, or maintain, a person who is less than eighteen 722
years of age or is a developmentally disabled person knowing that 723
the person will be subjected to involuntary servitude or for any 724
of the following purposes:725

       (a) To engage in sexual activity for hire;726

       (b) To engage in a performance for hire that is obscene, 727
sexually oriented, or nudity oriented;728

       (c) To be a model or participant for hire in the production 729
of material that is obscene, sexually oriented, or nudity 730
oriented.731

       (C) For a prosecution under division (A) of this section, the 732
element "compelled" does not require that the compulsion be openly 733
displayed or physically exerted. The element "compelled" has been 734
established if the state proves that the victim's will was 735
overcome by force, fear, duress, or intimidation.736

       (C)(D) In a prosecution under this section, proof that the 737
defendant engaged in sexual activity with any person, or solicited 738
sexual activity with any person, whether or not for hire, without 739
more, does not constitute a violation of this section. 740

       (D)(E) A prosecution for a violation of this section does not 741
preclude a prosecution of a violation of any other section of the 742
Revised Code. One or more acts, a series of acts, or a course of 743
behavior that can be prosecuted under this section or any other 744
section of the Revised Code may be prosecuted under this section, 745
the other section of the Revised Code, or both sections. However, 746
if an offender is convicted of or pleads guilty to a violation of 747
this section and also is convicted of or pleads guilty to a 748
violation of section 2907.21 of the Revised Code based on the same 749
conduct involving the same victim that was the basis of the 750
violation of this section, or is convicted of or pleads guilty to 751
any other violation of Chapter 2907. of the Revised Code based on 752
the same conduct involving the same victim that was the basis of 753
the violation of this section, the two offenses are allied 754
offenses of similar import under section 2941.25 of the Revised 755
Code. 756

       (E)(F) Evidence of specific instances of the victim's sexual 757
activity, opinion evidence of the victim's sexual activity, and 758
reputation evidence of the victim's sexual activity, shall not be 759
admitted under this section unless it involves evidence of the 760
origin of semen, pregnancy, or disease, or the victim's past 761
sexual activity with the offender, and only to the extent that the 762
court finds that the evidence is material to a fact at issue in 763
the case and that its inflammatory or prejudicial nature does not 764
outweigh its probative value.765

       As used in this division, sexual activity includes both 766
voluntary and involuntary sexual activity.767

       (G) Whoever violates this section is guilty of trafficking in 768
persons, a felony of the first degree. Notwithstanding division 769
(A)(1) of section 2929.14 of the Revised Code, the court shall 770
sentence the offender to a definite prison term of ten, eleven, 771
twelve, thirteen, fourteen, or fifteen years.772

       (H) As used in this section:773

       (1) "Developmentally disabled person" has the same meaning as 774
in section 5123.01 of the Revised Code.775

       (2) "For hire" means done in exchange for anything of value 776
given to or received by any person.777

       Sec. 2907.02.  (A)(1) No person shall engage in sexual 778
conduct with another who is not the spouse of the offender or who 779
is the spouse of the offender but is living separate and apart 780
from the offender, when any of the following applies:781

       (a) For the purpose of preventing resistance, the offender 782
substantially impairs the other person's judgment or control by 783
administering any drug, intoxicant, or controlled substance to the 784
other person surreptitiously or by force, threat of force, or 785
deception.786

       (b) The other person is less than thirteen years of age, 787
whether or not the offender knows the age of the other person.788

       (c) The other person's ability to resist or consent is 789
substantially impaired because of a mental or physical condition 790
or because of advanced age, and the offender knows or has 791
reasonable cause to believe that the other person's ability to 792
resist or consent is substantially impaired because of a mental or 793
physical condition or because of advanced age.794

       (2) No person shall engage in sexual conduct with another 795
when the offender purposely compels the other person to submit by 796
force or threat of force.797

       (B) Whoever violates this section is guilty of rape, a felony 798
of the first degree. If the offender under division (A)(1)(a) of 799
this section substantially impairs the other person's judgment or 800
control by administering any controlled substance described in 801
section 3719.41 of the Revised Code to the other person 802
surreptitiously or by force, threat of force, or deception, the 803
prison term imposed upon the offender shall be one of the prison 804
terms prescribed for a felony of the first degree in section 805
2929.14 of the Revised Code that is not less than five years. 806
Except as otherwise provided in this division, notwithstanding 807
sections 2929.11 to 2929.14 of the Revised Code, an offender under 808
division (A)(1)(b) of this section shall be sentenced to a prison 809
term or term of life imprisonment pursuant to section 2971.03 of 810
the Revised Code. If an offender is convicted of or pleads guilty 811
to a violation of division (A)(1)(b) of this section, if the 812
offender was less than sixteen years of age at the time the 813
offender committed the violation of that division, and if the 814
offender during or immediately after the commission of the offense 815
did not cause serious physical harm to the victim, the victim was 816
ten years of age or older at the time of the commission of the 817
violation, and the offender has not previously been convicted of 818
or pleaded guilty to a violation of this section or a 819
substantially similar existing or former law of this state, 820
another state, or the United States, the court shall not sentence 821
the offender to a prison term or term of life imprisonment 822
pursuant to section 2971.03 of the Revised Code, and instead the 823
court shall sentence the offender as otherwise provided in this 824
division. If an offender under division (A)(1)(b) of this section 825
previously has been convicted of or pleaded guilty to violating 826
division (A)(1)(b) of this section or to violating an existing or 827
former law of this state, another state, or the United States that 828
is substantially similar to division (A)(1)(b) of this section, if 829
the offender during or immediately after the commission of the 830
offense caused serious physical harm to the victim, or if the 831
victim under division (A)(1)(b) of this section is less than ten 832
years of age, in lieu of sentencing the offender to a prison term 833
or term of life imprisonment pursuant to section 2971.03 of the 834
Revised Code, the court may impose upon the offender a term of 835
life without parole. If the court imposes a term of life without 836
parole pursuant to this division, division (F) of section 2971.03 837
of the Revised Code applies, and the offender automatically is 838
classified a tier III sex offender/child-victim offender, as 839
described in that division.840

       (C) A victim need not prove physical resistance to the 841
offender in prosecutions under this section.842

       (D)(1) Evidence of specific instances of the victim's sexual 843
activity, opinion evidence of the victim's sexual activity, and 844
reputation evidence of the victim's sexual activity shall not be 845
admitted under this section unless it involves evidence of the 846
origin of semen, pregnancy, or disease, or the victim's past 847
sexual activity with the offender, and only to the extent that the 848
court finds that the evidence is material to a fact at issue in 849
the case and that its inflammatory or prejudicial nature does not 850
outweigh its probative value.851

       (2) Evidence of specific instances of the defendant's sexual 852
activity, opinion evidence of the defendant's sexual activity, and 853
reputation evidence of the defendant's sexual activity shall not 854
be admitted under this section unless it involves evidence of the 855
origin of semen, pregnancy, or disease, the defendant's past 856
sexual activity with the victim, or is admissible against the 857
defendant under section 2945.59 of the Revised Code, and only to 858
the extent that the court finds that the evidence is material to a 859
fact at issue in the case and that its inflammatory or prejudicial 860
nature does not outweigh its probative value.861

       (3) As used in division (D)(1) of this section, sexual 862
activity includes both voluntary and involuntary sexual activity.863

       (E) Prior to taking testimony or receiving evidence of any 864
sexual activity of the victim or the defendant in a proceeding 865
under this section, the court shall resolve the admissibility of 866
the proposed evidence in a hearing in chambers, which shall be 867
held at or before preliminary hearing and not less than three days 868
before trial, or for good cause shown during the trial.869

       (F) Upon approval by the court, the victim may be represented 870
by counsel in any hearing in chambers or other proceeding to 871
resolve the admissibility of evidence. If the victim is indigent 872
or otherwise is unable to obtain the services of counsel, the 873
court, upon request, may appoint counsel to represent the victim 874
without cost to the victim.875

       (G) It is not a defense to a charge under division (A)(2) of 876
this section that the offender and the victim were married or were 877
cohabiting at the time of the commission of the offense.878

       Sec. 2907.05.  (A) No person shall have sexual contact with 879
another, not the spouse of the offender; cause another, not the 880
spouse of the offender, to have sexual contact with the offender; 881
or cause two or more other persons to have sexual contact when any 882
of the following applies:883

       (1) The offender purposely compels the other person, or one 884
of the other persons, to submit by force or threat of force.885

       (2) For the purpose of preventing resistance, the offender 886
substantially impairs the judgment or control of the other person 887
or of one of the other persons by administering any drug, 888
intoxicant, or controlled substance to the other person 889
surreptitiously or by force, threat of force, or deception.890

       (3) The offender knows that the judgment or control of the 891
other person or of one of the other persons is substantially 892
impaired as a result of the influence of any drug or intoxicant 893
administered to the other person with the other person's consent 894
for the purpose of any kind of medical or dental examination, 895
treatment, or surgery.896

       (4) The other person, or one of the other persons, is less 897
than thirteen years of age, whether or not the offender knows the 898
age of that person.899

       (5) The ability of the other person to resist or consent or 900
the ability of one of the other persons to resist or consent is 901
substantially impaired because of a mental or physical condition 902
or because of advanced age, and the offender knows or has 903
reasonable cause to believe that the ability to resist or consent 904
of the other person or of one of the other persons is 905
substantially impaired because of a mental or physical condition 906
or because of advanced age.907

       (B) No person shall knowingly touch the genitalia of another, 908
when the touching is not through clothing, the other person is 909
less than twelve years of age, whether or not the offender knows 910
the age of that person, and the touching is done with an intent to 911
abuse, humiliate, harass, degrade, or arouse or gratify the sexual 912
desire of any person.913

       (C) Whoever violates this section is guilty of gross sexual 914
imposition.915

       (1) Except as otherwise provided in this section, gross 916
sexual imposition committed in violation of division (A)(1), (2), 917
(3), or (5) of this section is a felony of the fourth degree. If 918
the offender under division (A)(2) of this section substantially 919
impairs the judgment or control of the other person or one of the 920
other persons by administering any controlled substance described 921
in section 3719.41 of the Revised Code to the person 922
surreptitiously or by force, threat of force, or deception, gross 923
sexual imposition committed in violation of division (A)(2) of 924
this section is a felony of the third degree.925

       (2) Gross sexual imposition committed in violation of 926
division (A)(4) or (B) of this section is a felony of the third 927
degree. Except as otherwise provided in this division, for gross 928
sexual imposition committed in violation of division (A)(4) or (B) 929
of this section there is a presumption that a prison term shall be 930
imposed for the offense. The court shall impose on an offender 931
convicted of gross sexual imposition in violation of division 932
(A)(4) or (B) of this section a mandatory prison term equal to one 933
of the prison terms prescribed in section 2929.14 of the Revised 934
Code for a felony of the third degree if either of the following 935
applies:936

       (a) Evidence other than the testimony of the victim was 937
admitted in the case corroborating the violation;938

       (b) The offender previously was convicted of or pleaded 939
guilty to a violation of this section, rape, the former offense of 940
felonious sexual penetration, or sexual battery, and the victim of 941
the previous offense was less than thirteen years of age.942

       (D) A victim need not prove physical resistance to the 943
offender in prosecutions under this section.944

       (E)(1) Evidence of specific instances of the victim's sexual 945
activity, opinion evidence of the victim's sexual activity, and 946
reputation evidence of the victim's sexual activity shall not be 947
admitted under this section unless it involves evidence of the 948
origin of semen, pregnancy, or disease, or the victim's past 949
sexual activity with the offender, and only to the extent that the 950
court finds that the evidence is material to a fact at issue in 951
the case and that its inflammatory or prejudicial nature does not 952
outweigh its probative value.953

       (2) Evidence of specific instances of the defendant's sexual 954
activity, opinion evidence of the defendant's sexual activity, and 955
reputation evidence of the defendant's sexual activity shall not 956
be admitted under this section unless it involves evidence of the 957
origin of semen, pregnancy, or disease, the defendant's past 958
sexual activity with the victim, or is admissible against the 959
defendant under section 2945.59 of the Revised Code, and only to 960
the extent that the court finds that the evidence is material to a 961
fact at issue in the case and that its inflammatory or prejudicial 962
nature does not outweigh its probative value.963

       (3) As used in division (E)(1) of this section, sexual 964
activity includes both voluntary and involuntary sexual activity.965

       (F) Prior to taking testimony or receiving evidence of any 966
sexual activity of the victim or the defendant in a proceeding 967
under this section, the court shall resolve the admissibility of 968
the proposed evidence in a hearing in chambers, which shall be 969
held at or before preliminary hearing and not less than three days 970
before trial, or for good cause shown during the trial.971

       (G) Upon approval by the court, the victim may be represented 972
by counsel in any hearing in chambers or other proceeding to 973
resolve the admissibility of evidence. If the victim is indigent 974
or otherwise is unable to obtain the services of counsel, the 975
court, upon request, may appoint counsel to represent the victim 976
without cost to the victim.977

       Sec. 2907.07.  (A) No person shall solicit a person who is 978
less than thirteen years of age to engage in sexual activity with 979
the offender, whether or not the offender knows the age of such 980
person.981

       (B)(1) No person shall solicit another, not the spouse of the 982
offender, to engage in sexual conduct with the offender, when the 983
offender is eighteen years of age or older and four or more years 984
older than the other person, and the other person is thirteen 985
years of age or older but less than sixteen years of age, whether 986
or not the offender knows the age of the other person.987

       (2) No person shall solicit another, not the spouse of the 988
offender, to engage in sexual conduct with the offender, when the 989
offender is eighteen years of age or older and four or more years 990
older than the other person, and the other person is sixteen or 991
seventeen years of age and a victim of a violation of section 992
2905.32 of the Revised Code, andwhether or not the offender knows 993
or has reckless disregard of the age of the other person, or the 994
other person is a developmentally disabled person.995

       (3) As used in division (B)(2) of this section, 996
"developmentally disabled person" has the same meaning as in 997
section 5123.01 of the Revised Code.998

       (C) No person shall solicit another by means of a 999
telecommunications device, as defined in section 2913.01 of the 1000
Revised Code, to engage in sexual activity with the offender when 1001
the offender is eighteen years of age or older and either of the 1002
following applies:1003

       (1) The other person is less than thirteen years of age, and 1004
the offender knows that the other person is less than thirteen 1005
years of age or is reckless in that regard.1006

       (2) The other person is a law enforcement officer posing as a 1007
person who is less than thirteen years of age, and the offender 1008
believes that the other person is less than thirteen years of age 1009
or is reckless in that regard.1010

       (D) No person shall solicit another by means of a 1011
telecommunications device, as defined in section 2913.01 of the 1012
Revised Code, to engage in sexual activity with the offender when 1013
the offender is eighteen years of age or older and either of the 1014
following applies:1015

       (1) The other person is thirteen years of age or older but 1016
less than sixteen years of age, the offender knows that the other 1017
person is thirteen years of age or older but less than sixteen 1018
years of age or is reckless in that regard, and the offender is 1019
four or more years older than the other person.1020

       (2) The other person is a law enforcement officer posing as a 1021
person who is thirteen years of age or older but less than sixteen 1022
years of age, the offender believes that the other person is 1023
thirteen years of age or older but less than sixteen years of age 1024
or is reckless in that regard, and the offender is four or more 1025
years older than the age the law enforcement officer assumes in 1026
posing as the person who is thirteen years of age or older but 1027
less than sixteen years of age.1028

       (E) Divisions (C) and (D) of this section apply to any 1029
solicitation that is contained in a transmission via a 1030
telecommunications device that either originates in this state or 1031
is received in this state.1032

       (F)(1) Whoever violates this section is guilty of 1033
importuning. 1034

       (2) Except as otherwise provided in this division, a 1035
violation of division (A) or (C) of this section is a felony of 1036
the third degree on a first offense, and, notwithstanding division 1037
(C) of section 2929.13 of the Revised Code, there is a presumption 1038
that a prison term shall be imposed as described in division (D) 1039
of section 2929.13 of the Revised Code. If the offender previously 1040
has been convicted of a sexually oriented offense or a 1041
child-victim oriented offense, a violation of division (A) or (C) 1042
of this section is a felony of the second degree, and the court 1043
shall impose upon the offender as a mandatory prison term one of 1044
the prison terms prescribed in section 2929.14 of the Revised Code 1045
for a felony of the second degree.1046

       (3) A violation of division (B) or (D) of this section is a 1047
felony of the fifth degree on a first offense, and, 1048
notwithstanding division (B) of section 2929.13 of the Revised 1049
Code, there is a presumption that a prison term shall be imposed 1050
as described in division (D) of section 2929.13 of the Revised 1051
Code. If the offender previously has been convicted of a sexually 1052
oriented offense or a child-victim oriented offense, a violation 1053
of division (B) or (D) of this section is a felony of the fourth 1054
degree, and the court shall impose upon the offender as a 1055
mandatory prison term one of the prison terms prescribed in 1056
section 2929.14 of the Revised Code for a felony of the fourth 1057
degree that is not less than twelve months in duration.1058

       Sec. 2907.19. (A) As used in this section:1059

       (1) "Advertisement for sexual activity for hire" or 1060
"advertisement" means any advertisement or offer in electronic or 1061
print media that includes an explicit or implicit offer for sexual 1062
activity for hire to occur in this state.1063

       (2) "Depiction" means any photograph, film, videotape, visual 1064
material, or printed material.1065

       (3) "Person" has the same meaning as in section 1.59 of the 1066
Revised Code.1067

       (B)(1) No person shall knowingly purchase or otherwise obtain 1068
advertising space for an advertisement for sexual activity for 1069
hire that includes a depiction of a minor.1070

       (2) No person shall knowingly publish, disseminate, or 1071
display or directly or indirectly cause to be published, 1072
disseminated, or displayed any advertisement for sexual activity 1073
for hire that includes the depiction of a minor. 1074

       (C) Whoever violates this section is guilty of commercial 1075
sexual exploitation of a minor, a felony of the third degree.1076

       (D)(1) In any prosecution under this section, it is not a 1077
defense that the offender did not know the age of the person 1078
depicted in the advertisement, relied on an oral or written 1079
representation of the age of the person depicted in the 1080
advertisement, or relied on the apparent age of the person 1081
depicted in the advertisement. 1082

       (2) In any prosecution under this section, it is an 1083
affirmative defense that the offender, prior to purchasing 1084
advertising space for the advertisement, made a reasonable bona 1085
fide attempt to ascertain the true age of the person depicted in 1086
the advertisement by requiring the person depicted in the 1087
advertisement to produce a driver's license, marriage license, 1088
birth certificate, or other government issued or school issued 1089
document that identifies the age of the person, provided the 1090
offender retains and produces a copy or other record of the 1091
driver's license, marriage license, birth certificate, or other 1092
document used to ascertain the age of the person depicted in the 1093
advertisement.1094

       Sec. 2907.22.  (A) No person shall knowingly:1095

       (1) Establish, maintain, operate, manage, supervise, control, 1096
or have an interest in a brothel or any other enterprise that 1097
through electronic means promotes or facilitates sexual activity 1098
for hire;1099

       (2) Supervise, manage, or control the activities of a 1100
prostitute in engaging in sexual activity for hire;1101

       (3) Transport another, or cause another to be transported 1102
across the boundary of this state or of any county in this state, 1103
in order to facilitate the other person's engaging in sexual 1104
activity for hire;1105

       (4) For the purpose of violating or facilitating a violation 1106
of this section, induce or procure another to engage in sexual 1107
activity for hire.1108

       (B) Whoever violates this section is guilty of promoting 1109
prostitution. Except as otherwise provided in this division, 1110
promoting prostitution is a felony of the fourth degree. If any 1111
prostitute in the brothel involved in the offense, or the 1112
prostitute whose activities are supervised, managed, or controlled 1113
by the offender, or the person transported, induced, or procured 1114
by the offender to engage in sexual activity for hire, is a minor, 1115
whether or not the offender knows the age of the minor, then 1116
promoting prostitution is a felony of the third degree. If the 1117
offender in any case also is convicted of or pleads guilty to a 1118
specification as described in section 2941.1422 of the Revised 1119
Code that was included in the indictment, count in the indictment, 1120
or information charging the offense, the court shall sentence the 1121
offender to a mandatory prison term as provided in division (B)(7) 1122
of section 2929.14 of the Revised Code and shall order the 1123
offender to make restitution as provided in division (B)(8) of 1124
section 2929.18 of the Revised Code.1125

       Sec. 2907.24.  (A)(1) No person shall solicit another who is 1126
eighteen years of age or older to engage with such other person in 1127
sexual activity for hire.1128

       (2) No person shall solicit another who is less than eighteen 1129
years of age or is a developmentally disabled person to engage 1130
with such other person in sexual activity for hire.1131

       (B) No person, with knowledge that the person has tested 1132
positive as a carrier of a virus that causes acquired 1133
immunodeficiency syndrome, shall engage in conduct in violation of 1134
division (A) of this section.1135

       (C)(1) Whoever violates division (A) of this section is 1136
guilty of soliciting,. A violation of division (A)(1) of this 1137
section is a misdemeanor of the third degree. A violation of 1138
division (A)(2) of this section is a felony of the third degree.1139

       (2) Whoever violates division (B) of this section is guilty 1140
of engaging in solicitation after a positive HIV test. If the 1141
offender commits the violation prior to July 1, 1996, engaging in 1142
solicitation after a positive HIV test is a felony of the second 1143
degree. If the offender commits the violation on or after July 1, 1144
1996, engaging in solicitation after a positive HIV test is a 1145
felony of the third degree.1146

       (D) If a person is convicted of or pleads guilty to a 1147
violation of any provision of this section, an attempt to commit a 1148
violation of any provision of this section, or a violation of or 1149
an attempt to commit a violation of a municipal ordinance that is 1150
substantially equivalent to any provision of this section and if 1151
the person, in committing or attempting to commit the violation, 1152
was in, was on, or used a motor vehicle, the court, in addition to 1153
or independent of all other penalties imposed for the violation, 1154
may impose upon the offender a class six suspension of the 1155
person's driver's license, commercial driver's license, temporary 1156
instruction permit, probationary license, or nonresident operating 1157
privilege from the range specified in division (A)(6) of section 1158
4510.02 of the Revised Code. In lieu of imposing upon the offender 1159
the class six suspension, the court instead may require the 1160
offender to perform community service for a number of hours 1161
determined by the court.1162

       (E) It is an affirmative defense to a charge under division 1163
(B) of this section that the defendant, at the time the defendant 1164
engaged in the prohibited conduct, was being victimized by a 1165
violation of section 2905.32 of the Revised Code, regardless of 1166
whether anyone has been convicted of a violation of that section 1167
or any other section of the Revised Code for victimizing the 1168
defendant.1169

       (F) As used in this section:1170

       (1) "Developmentally disabled person" has the same meaning as 1171
in section 5123.01 of the Revised Code.1172

       (2) "Sexually oriented offense" and "child-victim oriented 1173
offense" have the same meanings as in section 2950.01 of the 1174
Revised Code.1175

       Sec. 2907.241.  (A) No person, with purpose to solicit 1176
another to engage in sexual activity for hire and while in or near 1177
a public place, shall do any of the following:1178

       (1) Beckon to, stop, or attempt to stop another;1179

       (2) Engage or attempt to engage another in conversation;1180

       (3) Stop or attempt to stop the operator of a vehicle or 1181
approach a stationary vehicle;1182

       (4) If the offender is the operator of or a passenger in a 1183
vehicle, stop, attempt to stop, beckon to, attempt to beckon to, 1184
or entice another to approach or enter the vehicle of which the 1185
offender is the operator or in which the offender is the 1186
passenger;1187

       (5) Interfere with the free passage of another.1188

       (B) No person, with knowledge that the person has tested 1189
positive as a carrier of a virus that causes acquired 1190
immunodeficiency syndrome, shall engage in conduct in violation of 1191
division (A) of this section.1192

       (C) As used in this section:1193

       (1) "Vehicle" has the same meaning as in section 4501.01 of 1194
the Revised Code.1195

       (2) "Public place" means any of the following:1196

       (a) A street, road, highway, thoroughfare, bikeway, walkway, 1197
sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking 1198
lot, or transportation facility;1199

       (b) A doorway or entrance way to a building that fronts on a 1200
place described in division (C)(2)(a) of this section;1201

       (c) A place not described in division (C)(2)(a) or (b) of 1202
this section that is open to the public.1203

       (D) It is an affirmative defense to a charge under division 1204
(B) of this section that the defendant, at the time the defendant 1205
engaged in the prohibited conduct, was being victimized by a 1206
violation of section 2905.32 of the Revised Code, regardless of 1207
whether anyone has been convicted of a violation of that section 1208
or any other section of the Revised Code for victimizing the 1209
defendant.1210

       (E)(1) Whoever violates division (A) of this section is 1211
guilty of loitering to engage in solicitation, a misdemeanor of 1212
the third degree.1213

       (2) Whoever violates division (B) of this section is guilty 1214
of loitering to engage in solicitation after a positive HIV test. 1215
If the offender commits the violation prior to July 1, 1996, 1216
loitering to engage in solicitation after a positive HIV test is a 1217
felony of the fourth degree. If the offender commits the violation 1218
on or after July 1, 1996, loitering to engage in solicitation 1219
after a positive HIV test is a felony of the fifth degree.1220

       Sec. 2907.25.  (A) No person shall engage in sexual activity 1221
for hire.1222

       (B) No person, with knowledge that the person has tested 1223
positive as a carrier of a virus that causes acquired 1224
immunodeficiency syndrome, shall engage in sexual activity for 1225
hire.1226

       (C) It is an affirmative defense to a charge under division 1227
(B) of this section that the defendant, at the time the defendant 1228
engaged in the prohibited conduct, was being victimized by a 1229
violation of section 2905.32 of the Revised Code, regardless of 1230
whether anyone has been convicted of a violation of that section 1231
or any other section of the Revised Code for victimizing the 1232
defendant.1233

       (D)(1) Whoever violates division (A) of this section is 1234
guilty of prostitution, a misdemeanor of the third degree.1235

       (2) Whoever violates division (B) of this section is guilty 1236
of engaging in prostitution after a positive HIV test. If the 1237
offender commits the violation prior to July 1, 1996, engaging in 1238
prostitution after a positive HIV test is a felony of the second 1239
degree. If the offender commits the violation on or after July 1, 1240
1996, engaging in prostitution after a positive HIV test is a 1241
felony of the third degree.1242

       Sec. 2927.17.  (A) Except as provided in division (B) of this 1243
section, no person, by means of a statement, solicitation, or 1244
offer in a print or electronic publication, sign, placard, 1245
storefront display, or other medium, shall advertise the practice 1246
of massage or, directly or by implication, relaxation massage or 1247
any other massage technique or method.1248

       (B) Division (A) of this section does not apply to any of the 1249
following if the services advertised are within the scope of 1250
practice for which the individual who performs the services is 1251
certified or licensed:1252

       (1) An individual who holds a certificate or license issued 1253
under Title XLVII of the Revised Code that authorizes the 1254
certificate or license holder to practice massage or a massage 1255
technique or method;1256

       (2) A person that employs or contracts with an individual who 1257
holds a certificate or license issued under Title XLVII of the 1258
Revised Code that authorizes the certificate or license holder to 1259
practice massage or a massage technique or method;1260

       (3) An individual who holds a certificate or license issued 1261
by a political subdivision of this state to engage in massage;1262

       (4) A person that holds a certificate or license issued by a 1263
political subdivision of this state to operate a massage 1264
establishment.1265

       (C) Whoever violates this section is guilty of unlawful 1266
advertising of massage, a felony of the fifth degree.1267

       Sec. 2929.01.  As used in this chapter:1268

       (A)(1) "Alternative residential facility" means, subject to 1269
division (A)(2) of this section, any facility other than an 1270
offender's home or residence in which an offender is assigned to 1271
live and that satisfies all of the following criteria:1272

       (a) It provides programs through which the offender may seek 1273
or maintain employment or may receive education, training, 1274
treatment, or habilitation.1275

       (b) It has received the appropriate license or certificate 1276
for any specialized education, training, treatment, habilitation, 1277
or other service that it provides from the government agency that 1278
is responsible for licensing or certifying that type of education, 1279
training, treatment, habilitation, or service.1280

       (2) "Alternative residential facility" does not include a 1281
community-based correctional facility, jail, halfway house, or 1282
prison.1283

       (B) "Basic probation supervision" means a requirement that 1284
the offender maintain contact with a person appointed to supervise 1285
the offender in accordance with sanctions imposed by the court or 1286
imposed by the parole board pursuant to section 2967.28 of the 1287
Revised Code. "Basic probation supervision" includes basic parole 1288
supervision and basic post-release control supervision.1289

       (C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the 1290
same meanings as in section 2925.01 of the Revised Code.1291

       (D) "Community-based correctional facility" means a 1292
community-based correctional facility and program or district 1293
community-based correctional facility and program developed 1294
pursuant to sections 2301.51 to 2301.58 of the Revised Code.1295

       (E) "Community control sanction" means a sanction that is not 1296
a prison term and that is described in section 2929.15, 2929.16, 1297
2929.17, or 2929.18 of the Revised Code or a sanction that is not 1298
a jail term and that is described in section 2929.26, 2929.27, or 1299
2929.28 of the Revised Code. "Community control sanction" includes 1300
probation if the sentence involved was imposed for a felony that 1301
was committed prior to July 1, 1996, or if the sentence involved 1302
was imposed for a misdemeanor that was committed prior to January 1303
1, 2004.1304

       (F) "Controlled substance," "marihuana," "schedule I," and 1305
"schedule II" have the same meanings as in section 3719.01 of the 1306
Revised Code.1307

       (G) "Curfew" means a requirement that an offender during a 1308
specified period of time be at a designated place.1309

       (H) "Day reporting" means a sanction pursuant to which an 1310
offender is required each day to report to and leave a center or 1311
other approved reporting location at specified times in order to 1312
participate in work, education or training, treatment, and other 1313
approved programs at the center or outside the center.1314

       (I) "Deadly weapon" has the same meaning as in section 1315
2923.11 of the Revised Code.1316

       (J) "Drug and alcohol use monitoring" means a program under 1317
which an offender agrees to submit to random chemical analysis of 1318
the offender's blood, breath, or urine to determine whether the 1319
offender has ingested any alcohol or other drugs.1320

       (K) "Drug treatment program" means any program under which a 1321
person undergoes assessment and treatment designed to reduce or 1322
completely eliminate the person's physical or emotional reliance 1323
upon alcohol, another drug, or alcohol and another drug and under 1324
which the person may be required to receive assessment and 1325
treatment on an outpatient basis or may be required to reside at a 1326
facility other than the person's home or residence while 1327
undergoing assessment and treatment.1328

       (L) "Economic loss" means any economic detriment suffered by 1329
a victim as a direct and proximate result of the commission of an 1330
offense and includes any loss of income due to lost time at work 1331
because of any injury caused to the victim, and any property loss, 1332
medical cost, or funeral expense incurred as a result of the 1333
commission of the offense. "Economic loss" does not include 1334
non-economic loss or any punitive or exemplary damages.1335

       (M) "Education or training" includes study at, or in 1336
conjunction with a program offered by, a university, college, or 1337
technical college or vocational study and also includes the 1338
completion of primary school, secondary school, and literacy 1339
curricula or their equivalent.1340

       (N) "Firearm" has the same meaning as in section 2923.11 of 1341
the Revised Code.1342

       (O) "Halfway house" means a facility licensed by the division 1343
of parole and community services of the department of 1344
rehabilitation and correction pursuant to section 2967.14 of the 1345
Revised Code as a suitable facility for the care and treatment of 1346
adult offenders.1347

       (P) "House arrest" means a period of confinement of an 1348
offender that is in the offender's home or in other premises 1349
specified by the sentencing court or by the parole board pursuant 1350
to section 2967.28 of the Revised Code and during which all of the 1351
following apply:1352

       (1) The offender is required to remain in the offender's home 1353
or other specified premises for the specified period of 1354
confinement, except for periods of time during which the offender 1355
is at the offender's place of employment or at other premises as 1356
authorized by the sentencing court or by the parole board.1357

       (2) The offender is required to report periodically to a 1358
person designated by the court or parole board.1359

       (3) The offender is subject to any other restrictions and 1360
requirements that may be imposed by the sentencing court or by the 1361
parole board.1362

       (Q) "Intensive probation supervision" means a requirement 1363
that an offender maintain frequent contact with a person appointed 1364
by the court, or by the parole board pursuant to section 2967.28 1365
of the Revised Code, to supervise the offender while the offender 1366
is seeking or maintaining necessary employment and participating 1367
in training, education, and treatment programs as required in the 1368
court's or parole board's order. "Intensive probation supervision" 1369
includes intensive parole supervision and intensive post-release 1370
control supervision.1371

       (R) "Jail" means a jail, workhouse, minimum security jail, or 1372
other residential facility used for the confinement of alleged or 1373
convicted offenders that is operated by a political subdivision or 1374
a combination of political subdivisions of this state.1375

       (S) "Jail term" means the term in a jail that a sentencing 1376
court imposes or is authorized to impose pursuant to section 1377
2929.24 or 2929.25 of the Revised Code or pursuant to any other 1378
provision of the Revised Code that authorizes a term in a jail for 1379
a misdemeanor conviction.1380

       (T) "Mandatory jail term" means the term in a jail that a 1381
sentencing court is required to impose pursuant to division (G) of 1382
section 1547.99 of the Revised Code, division (E) of section 1383
2903.06 or division (D) of section 2903.08 of the Revised Code, 1384
division (E) or (G) of section 2929.24 of the Revised Code, 1385
division (B) of section 4510.14 of the Revised Code, or division 1386
(G) of section 4511.19 of the Revised Code or pursuant to any 1387
other provision of the Revised Code that requires a term in a jail 1388
for a misdemeanor conviction.1389

       (U) "Delinquent child" has the same meaning as in section 1390
2152.02 of the Revised Code.1391

       (V) "License violation report" means a report that is made by 1392
a sentencing court, or by the parole board pursuant to section 1393
2967.28 of the Revised Code, to the regulatory or licensing board 1394
or agency that issued an offender a professional license or a 1395
license or permit to do business in this state and that specifies 1396
that the offender has been convicted of or pleaded guilty to an 1397
offense that may violate the conditions under which the offender's 1398
professional license or license or permit to do business in this 1399
state was granted or an offense for which the offender's 1400
professional license or license or permit to do business in this 1401
state may be revoked or suspended.1402

       (W) "Major drug offender" means an offender who is convicted 1403
of or pleads guilty to the possession of, sale of, or offer to 1404
sell any drug, compound, mixture, preparation, or substance that 1405
consists of or contains at least one thousand grams of hashish; at 1406
least one hundred grams of cocaine; at least two thousand five 1407
hundred unit doses or two hundred fifty grams of heroin; at least 1408
five thousand unit doses of L.S.D. or five hundred grams of L.S.D. 1409
in a liquid concentrate, liquid extract, or liquid distillate 1410
form; at least fifty grams of a controlled substance analog; or at 1411
least one hundred times the amount of any other schedule I or II 1412
controlled substance other than marihuana that is necessary to 1413
commit a felony of the third degree pursuant to section 2925.03, 1414
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on 1415
the possession of, sale of, or offer to sell the controlled 1416
substance.1417

       (X) "Mandatory prison term" means any of the following:1418

       (1) Subject to division (X)(2) of this section, the term in 1419
prison that must be imposed for the offenses or circumstances set 1420
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section 1421
2929.13 and division (B) of section 2929.14 of the Revised Code. 1422
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, 1423
and 2925.11 of the Revised Code, unless the maximum or another 1424
specific term is required under section 2929.14 or 2929.142 of the 1425
Revised Code, a mandatory prison term described in this division 1426
may be any prison term authorized for the level of offense.1427

       (2) The term of sixty or one hundred twenty days in prison 1428
that a sentencing court is required to impose for a third or 1429
fourth degree felony OVI offense pursuant to division (G)(2) of 1430
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 1431
of the Revised Code or the term of one, two, three, four, or five 1432
years in prison that a sentencing court is required to impose 1433
pursuant to division (G)(2) of section 2929.13 of the Revised 1434
Code.1435

       (3) The term in prison imposed pursuant to division (A) of 1436
section 2971.03 of the Revised Code for the offenses and in the 1437
circumstances described in division (F)(11) of section 2929.13 of 1438
the Revised Code or pursuant to division (B)(1)(a), (b), or (c), 1439
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 1440
2971.03 of the Revised Code and that term as modified or 1441
terminated pursuant to section 2971.05 of the Revised Code.1442

       (Y) "Monitored time" means a period of time during which an 1443
offender continues to be under the control of the sentencing court 1444
or parole board, subject to no conditions other than leading a 1445
law-abiding life.1446

       (Z) "Offender" means a person who, in this state, is 1447
convicted of or pleads guilty to a felony or a misdemeanor.1448

       (AA) "Prison" means a residential facility used for the 1449
confinement of convicted felony offenders that is under the 1450
control of the department of rehabilitation and correction but 1451
does not include a violation sanction center operated under 1452
authority of section 2967.141 of the Revised Code.1453

       (BB) "Prison term" includes either of the following sanctions 1454
for an offender:1455

       (1) A stated prison term;1456

       (2) A term in a prison shortened by, or with the approval of, 1457
the sentencing court pursuant to section 2929.143, 2929.20, 1458
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.1459

       (CC) "Repeat violent offender" means a person about whom both 1460
of the following apply:1461

       (1) The person is being sentenced for committing or for 1462
complicity in committing any of the following:1463

       (a) Aggravated murder, murder, any felony of the first or 1464
second degree that is an offense of violence, or an attempt to 1465
commit any of these offenses if the attempt is a felony of the 1466
first or second degree;1467

       (b) An offense under an existing or former law of this state, 1468
another state, or the United States that is or was substantially 1469
equivalent to an offense described in division (CC)(1)(a) of this 1470
section.1471

       (2) The person previously was convicted of or pleaded guilty 1472
to an offense described in division (CC)(1)(a) or (b) of this 1473
section.1474

       (DD) "Sanction" means any penalty imposed upon an offender 1475
who is convicted of or pleads guilty to an offense, as punishment 1476
for the offense. "Sanction" includes any sanction imposed pursuant 1477
to any provision of sections 2929.14 to 2929.18 or 2929.24 to 1478
2929.28 of the Revised Code.1479

       (EE) "Sentence" means the sanction or combination of 1480
sanctions imposed by the sentencing court on an offender who is 1481
convicted of or pleads guilty to an offense.1482

       (FF) "Stated prison term" means the prison term, mandatory 1483
prison term, or combination of all prison terms and mandatory 1484
prison terms imposed by the sentencing court pursuant to section 1485
2929.14, 2929.142, or 2971.03 of the Revised Code or under section 1486
2919.25 of the Revised Code. "Stated prison term" includes any 1487
credit received by the offender for time spent in jail awaiting 1488
trial, sentencing, or transfer to prison for the offense and any 1489
time spent under house arrest or house arrest with electronic 1490
monitoring imposed after earning credits pursuant to section 1491
2967.193 of the Revised Code. If an offender is serving a prison 1492
term as a risk reduction sentence under sections 2929.143 and 1493
5120.036 of the Revised Code, "stated prison term" includes any 1494
period of time by which the prison term imposed upon the offender 1495
is shortened by the offender's successful completion of all 1496
assessment and treatment or programming pursuant to those 1497
sections.1498

       (GG) "Victim-offender mediation" means a reconciliation or 1499
mediation program that involves an offender and the victim of the 1500
offense committed by the offender and that includes a meeting in 1501
which the offender and the victim may discuss the offense, discuss 1502
restitution, and consider other sanctions for the offense.1503

       (HH) "Fourth degree felony OVI offense" means a violation of 1504
division (A) of section 4511.19 of the Revised Code that, under 1505
division (G) of that section, is a felony of the fourth degree.1506

       (II) "Mandatory term of local incarceration" means the term 1507
of sixty or one hundred twenty days in a jail, a community-based 1508
correctional facility, a halfway house, or an alternative 1509
residential facility that a sentencing court may impose upon a 1510
person who is convicted of or pleads guilty to a fourth degree 1511
felony OVI offense pursuant to division (G)(1) of section 2929.13 1512
of the Revised Code and division (G)(1)(d) or (e) of section 1513
4511.19 of the Revised Code.1514

       (JJ) "Designated homicide, assault, or kidnapping offense," 1515
"violent sex offense," "sexual motivation specification," 1516
"sexually violent offense," "sexually violent predator," and 1517
"sexually violent predator specification" have the same meanings 1518
as in section 2971.01 of the Revised Code.1519

       (KK) "Sexually oriented offense," "child-victim oriented 1520
offense," and "tier III sex offender/child-victim offender" have 1521
the same meanings as in section 2950.01 of the Revised Code.1522

       (LL) An offense is "committed in the vicinity of a child" if 1523
the offender commits the offense within thirty feet of or within 1524
the same residential unit as a child who is under eighteen years 1525
of age, regardless of whether the offender knows the age of the 1526
child or whether the offender knows the offense is being committed 1527
within thirty feet of or within the same residential unit as the 1528
child and regardless of whether the child actually views the 1529
commission of the offense.1530

       (MM) "Family or household member" has the same meaning as in 1531
section 2919.25 of the Revised Code.1532

       (NN) "Motor vehicle" and "manufactured home" have the same 1533
meanings as in section 4501.01 of the Revised Code.1534

       (OO) "Detention" and "detention facility" have the same 1535
meanings as in section 2921.01 of the Revised Code.1536

       (PP) "Third degree felony OVI offense" means a violation of 1537
division (A) of section 4511.19 of the Revised Code that, under 1538
division (G) of that section, is a felony of the third degree.1539

       (QQ) "Random drug testing" has the same meaning as in section 1540
5120.63 of the Revised Code.1541

       (RR) "Felony sex offense" has the same meaning as in section 1542
2967.28 of the Revised Code.1543

       (SS) "Body armor" has the same meaning as in section 1544
2941.1411 of the Revised Code.1545

       (TT) "Electronic monitoring" means monitoring through the use 1546
of an electronic monitoring device.1547

       (UU) "Electronic monitoring device" means any of the 1548
following:1549

        (1) Any device that can be operated by electrical or battery 1550
power and that conforms with all of the following:1551

        (a) The device has a transmitter that can be attached to a 1552
person, that will transmit a specified signal to a receiver of the 1553
type described in division (UU)(1)(b) of this section if the 1554
transmitter is removed from the person, turned off, or altered in 1555
any manner without prior court approval in relation to electronic 1556
monitoring or without prior approval of the department of 1557
rehabilitation and correction in relation to the use of an 1558
electronic monitoring device for an inmate on transitional control 1559
or otherwise is tampered with, that can transmit continuously and 1560
periodically a signal to that receiver when the person is within a 1561
specified distance from the receiver, and that can transmit an 1562
appropriate signal to that receiver if the person to whom it is 1563
attached travels a specified distance from that receiver.1564

        (b) The device has a receiver that can receive continuously 1565
the signals transmitted by a transmitter of the type described in 1566
division (UU)(1)(a) of this section, can transmit continuously 1567
those signals by a wireless or landline telephone connection to a 1568
central monitoring computer of the type described in division 1569
(UU)(1)(c) of this section, and can transmit continuously an 1570
appropriate signal to that central monitoring computer if the 1571
device has been turned off or altered without prior court approval 1572
or otherwise tampered with. The device is designed specifically 1573
for use in electronic monitoring, is not a converted wireless 1574
phone or another tracking device that is clearly not designed for 1575
electronic monitoring, and provides a means of text-based or voice 1576
communication with the person.1577

        (c) The device has a central monitoring computer that can 1578
receive continuously the signals transmitted by a wireless or 1579
landline telephone connection by a receiver of the type described 1580
in division (UU)(1)(b) of this section and can monitor 1581
continuously the person to whom an electronic monitoring device of 1582
the type described in division (UU)(1)(a) of this section is 1583
attached.1584

        (2) Any device that is not a device of the type described in 1585
division (UU)(1) of this section and that conforms with all of the 1586
following:1587

       (a) The device includes a transmitter and receiver that can 1588
monitor and determine the location of a subject person at any 1589
time, or at a designated point in time, through the use of a 1590
central monitoring computer or through other electronic means.1591

        (b) The device includes a transmitter and receiver that can 1592
determine at any time, or at a designated point in time, through 1593
the use of a central monitoring computer or other electronic means 1594
the fact that the transmitter is turned off or altered in any 1595
manner without prior approval of the court in relation to the 1596
electronic monitoring or without prior approval of the department 1597
of rehabilitation and correction in relation to the use of an 1598
electronic monitoring device for an inmate on transitional control 1599
or otherwise is tampered with.1600

        (3) Any type of technology that can adequately track or 1601
determine the location of a subject person at any time and that is 1602
approved by the director of rehabilitation and correction, 1603
including, but not limited to, any satellite technology, voice 1604
tracking system, or retinal scanning system that is so approved.1605

       (VV) "Non-economic loss" means nonpecuniary harm suffered by 1606
a victim of an offense as a result of or related to the commission 1607
of the offense, including, but not limited to, pain and suffering; 1608
loss of society, consortium, companionship, care, assistance, 1609
attention, protection, advice, guidance, counsel, instruction, 1610
training, or education; mental anguish; and any other intangible 1611
loss.1612

       (WW) "Prosecutor" has the same meaning as in section 2935.01 1613
of the Revised Code.1614

       (XX) "Continuous alcohol monitoring" means the ability to 1615
automatically test and periodically transmit alcohol consumption 1616
levels and tamper attempts at least every hour, regardless of the 1617
location of the person who is being monitored.1618

       (YY) A person is "adjudicated a sexually violent predator" if 1619
the person is convicted of or pleads guilty to a violent sex 1620
offense and also is convicted of or pleads guilty to a sexually 1621
violent predator specification that was included in the 1622
indictment, count in the indictment, or information charging that 1623
violent sex offense or if the person is convicted of or pleads 1624
guilty to a designated homicide, assault, or kidnapping offense 1625
and also is convicted of or pleads guilty to both a sexual 1626
motivation specification and a sexually violent predator 1627
specification that were included in the indictment, count in the 1628
indictment, or information charging that designated homicide, 1629
assault, or kidnapping offense.1630

       (ZZ) An offense is "committed in proximity to a school" if 1631
the offender commits the offense in a school safety zone or within 1632
five hundred feet of any school building or the boundaries of any 1633
school premises, regardless of whether the offender knows the 1634
offense is being committed in a school safety zone or within five 1635
hundred feet of any school building or the boundaries of any 1636
school premises.1637

       (AAA) "Human trafficking" means a scheme or plan to which all 1638
of the following apply:1639

       (1) Its object is to subject a victim or victims to 1640
involuntary servitude, as defined in section 2905.31 of the 1641
Revised Code, to compel a victim who is not a minor or victims who 1642
are not minors to engage in sexual activity for hire, to engage in 1643
a performance that is obscene, sexually oriented, or nudity 1644
oriented, or to be a model or participant in the production of 1645
material that is obscene, sexually oriented, or nudity oriented, 1646
or to facilitate, permit, encourage, or recruit a victim who is a 1647
minor or victims who are minors to engage in sexual activity for 1648
hire, to engage in a performance that is obscene, sexually 1649
oriented, or nudity oriented, or to be a model or participant in 1650
the production of material that is obscene, sexually oriented, or 1651
nudity oriented.1652

       (2) It involves at least two felony offenses, whether or not 1653
there has been a prior conviction for any of the felony offenses, 1654
to which all of the following apply:1655

       (a) Each of the felony offenses is a violation of section 1656
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division 1657
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3), 1658
(4), or (5) of section 2919.22 of the Revised Code or is a 1659
violation of a law of any state other than this state that is 1660
substantially similar to any of the sections or divisions of the 1661
Revised Code identified in this division.1662

       (b) At least one of the felony offenses was committed in this 1663
state.1664

       (c) The felony offenses are related to the same scheme or 1665
plan and are not isolated instances.1666

       (BBB) "Material," "nudity," "obscene," "performance," and 1667
"sexual activity" have the same meanings as in section 2907.01 of 1668
the Revised Code.1669

       (CCC) "Material that is obscene, sexually oriented, or nudity 1670
oriented" means any material that is obscene, that shows a person 1671
participating or engaging in sexual activity, masturbation, or 1672
bestiality, or that shows a person in a state of nudity.1673

       (DDD) "Performance that is obscene, sexually oriented, or 1674
nudity oriented" means any performance that is obscene, that shows 1675
a person participating or engaging in sexual activity, 1676
masturbation, or bestiality, or that shows a person in a state of 1677
nudity.1678

       Sec. 2937.11.  (A)(1) As used in divisions (B) and (C) of1679
this section, "victim" includes any person who was a victim of a 1680
felony violation identified in division (B) of this section or a 1681
felony offense of violence or against whom was directed any 1682
conduct that constitutes, or that is an element of, a felony 1683
violation identified in division (B) of this section or a felony 1684
offense of violence.1685

       (2) As used in division (D) of this section, "victim" 1686
includes any person who was a victim of a violation of section 1687
2905.32 of the Revised Code or against whom was directed any 1688
conduct that constitutes, or is an element of, a violation of 1689
section 2905.32 of the Revised Code.1690

        (3) At the preliminary hearing set pursuant to section 1691
2937.10 of the Revised Code and the Criminal Rules, the prosecutor 1692
may state, but is not required to state, orally the case for the 1693
state and shall then proceed to examine witnesses and introduce 1694
exhibits for the state. The accused and the magistrate have full 1695
right of cross examination, and the accused has the right of 1696
inspection of exhibits prior to their introduction. The hearing 1697
shall be conducted under the rules of evidence prevailing in 1698
criminal trials generally. On motion of either the state or the 1699
accused, witnesses shall be separated and not permitted in the 1700
hearing room except when called to testify.1701

       (B) In a case involving an alleged felony violation of 1702
section 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 1703
2907.21, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 1704
or 2919.22 of the Revised Code or an alleged felony offense of 1705
violence and in which an alleged victim of the alleged violation 1706
or offense was less than thirteen years of age when the complaint 1707
or information was filed, whichever occurred earlier, upon motion 1708
of the prosecution, the testimony of the child victim at the 1709
preliminary hearing may be taken in a room other than the room in 1710
which the preliminary hearing is being conducted and be televised, 1711
by closed circuit equipment, into the room in which the 1712
preliminary hearing is being conducted, in accordance with 1713
division (C) of section 2945.481 of the Revised Code.1714

       (C) In a case involving an alleged felony violation listed in 1715
division (B) of this section or an alleged felony offense of 1716
violence and in which an alleged victim of the alleged violation 1717
or offense was less than thirteen years of age when the complaint 1718
or information was filed, whichever occurred earlier, the court, 1719
on written motion of the prosecutor in the case filed at least 1720
three days prior to the hearing, shall order that all testimony of 1721
the child victim be recorded and preserved on videotape, in 1722
addition to being recorded for purposes of the transcript of the 1723
proceeding. If such an order is issued, it shall specifically 1724
identify the child victim concerning whose testimony it pertains, 1725
apply only during the testimony of the child victim it 1726
specifically identifies, and apply to all testimony of the child 1727
victim presented at the hearing, regardless of whether the child 1728
victim is called as a witness by the prosecution or by the 1729
defense.1730

       (D)(1)(a) In a case involving an alleged violation of section 1731
2905.32 of the Revised Code, upon motion of the prosecution, the 1732
testimony of the victim at the preliminary hearing may be taken in 1733
a place or room other than the room in which the preliminary 1734
hearing is being conducted and be televised, by closed circuit 1735
equipment, into the room in which the preliminary hearing is being 1736
conducted, to be viewed by the accused and any other persons who 1737
are not permitted in the room in which the testimony is to be 1738
taken but who would have been present during the testimony of the 1739
victim had it been given in the room in which the preliminary 1740
hearing is being conducted. Except for good cause shown, the 1741
prosecution shall file a motion under this division at least seven 1742
days before the date of the preliminary hearing.1743

        (b) Upon the motion of the prosecution filed under division 1744
(D)(1)(a) of this section and if the judge or magistrate 1745
determines that the victim is unavailable to testify in the room 1746
in which the preliminary hearing is being conducted in the 1747
physical presence of the accused for one or more of the reasons 1748
set forth in division (D)(2) of this section, the judge or 1749
magistrate may issue an order for the testimony of the victim to 1750
be taken in a place or room other than the room in which the 1751
preliminary hearing is being conducted and televised, by closed 1752
circuit equipment, into the room in which the preliminary hearing 1753
is being conducted. If a judge or magistrate issues an order of 1754
that nature, the judge or magistrate shall exclude from the room 1755
in which the testimony of the victim is to be taken every person 1756
except the following:1757

        (i) The victim giving the testimony;1758

        (ii) The judge or magistrate;1759

        (iii) One or more interpreters if needed;1760

        (iv) The attorneys for the prosecution and the defense;1761

        (v) Any person needed to operate the equipment to be used;1762

        (vi) One person chosen by the victim giving the testimony;1763

        (vii) Any person whose presence the judge or magistrate 1764
determines would contribute to the welfare and well-being of the 1765
victim giving the testimony.1766

        (c) The person chosen by the victim under division 1767
(D)(1)(b)(vi) of this section shall not be a witness in the 1768
preliminary hearing and, both before and during the testimony, 1769
shall not discuss the testimony of the victim with any other 1770
witness in the preliminary hearing.1771

        (d) The judge or magistrate, at the judge's or magistrate's 1772
discretion, may preside during the giving of the testimony by 1773
electronic means from outside the room in which it is being given, 1774
subject to the limitations set forth in this division. If the 1775
judge or magistrate presides by electronic means, the judge or 1776
magistrate shall be provided with monitors on which the judge or 1777
magistrate can see each person in the room in which the testimony 1778
is to be taken and with an electronic means of communication with 1779
each person, and each person in the room shall be provided with a 1780
monitor on which that person can see the judge or magistrate and 1781
with an electronic means of communication with the judge or 1782
magistrate. To the extent feasible, any person operating the 1783
televising equipment shall be restricted to a room adjacent to the 1784
room in which the testimony is being taken, or to a location in 1785
the room in which the testimony is being taken that is behind a 1786
screen or mirror, so that the person operating the televising 1787
equipment can see and hear, but cannot be seen or heard by, the 1788
victim giving the testimony during the testimony. The accused 1789
shall be permitted to observe and hear the testimony of the victim 1790
giving the testimony on a monitor, shall be provided with an 1791
electronic means of immediate communication with the attorney of 1792
the accused during the testimony, and shall be restricted to a 1793
location from which the accused cannot be seen or heard by the 1794
victim giving the testimony, except on a monitor provided for that 1795
purpose. The accused and the judge or magistrate have full right 1796
of cross examination, and the accused has the right of inspection 1797
of exhibits prior to their introduction. The victim giving the 1798
testimony shall be provided with a monitor on which the victim can 1799
observe the accused during the testimony.1800

        (2) For purposes of division (D)(1) of this section, a judge 1801
or magistrate may order the testimony of a victim to be taken at a 1802
place or room outside the room in which the preliminary hearing is 1803
being conducted if the judge or magistrate determines that the 1804
victim is unavailable to testify in the room in the physical 1805
presence of the accused due to one or more of the following:1806

        (a) The inability of the victim to communicate about the 1807
alleged offense because of extreme fear, severe trauma, or another 1808
similar reason;1809

        (b) The substantial likelihood that the victim will suffer 1810
serious emotional trauma from so testifying;1811

        (c) The victim is at a hospital for care and treatment for 1812
any physical, mental, or emotional injury suffered by reason of 1813
the alleged offense.1814

       Sec. 2950.01. As used in this chapter, unless the context 1815
clearly requires otherwise:1816

       (A) "Sexually oriented offense" means any of the following 1817
violations or offenses committed by a person, regardless of the 1818
person's age:1819

       (1) A violation of section 2907.02, 2907.03, 2907.05, 1820
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321, 1821
2907.322, or 2907.323 of the Revised Code;1822

       (2) A violation of section 2907.04 of the Revised Code when 1823
the offender is less than four years older than the other person 1824
with whom the offender engaged in sexual conduct, the other person 1825
did not consent to the sexual conduct, and the offender previously 1826
has not been convicted of or pleaded guilty to a violation of 1827
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a 1828
violation of former section 2907.12 of the Revised Code;1829

       (3) A violation of section 2907.04 of the Revised Code when 1830
the offender is at least four years older than the other person 1831
with whom the offender engaged in sexual conduct or when the 1832
offender is less than four years older than the other person with 1833
whom the offender engaged in sexual conduct and the offender 1834
previously has been convicted of or pleaded guilty to a violation 1835
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a 1836
violation of former section 2907.12 of the Revised Code;1837

       (4) A violation of section 2903.01, 2903.02, or 2903.11 of 1838
the Revised Code when the violation was committed with a sexual 1839
motivation;1840

       (5) A violation of division (A) of section 2903.04 of the 1841
Revised Code when the offender committed or attempted to commit 1842
the felony that is the basis of the violation with a sexual 1843
motivation;1844

       (6) A violation of division (A)(3) of section 2903.211 of the 1845
Revised Code;1846

       (7) A violation of division (A)(1), (2), (3), or (5) of 1847
section 2905.01 of the Revised Code when the offense is committed 1848
with a sexual motivation;1849

       (8) A violation of division (A)(4) of section 2905.01 of the 1850
Revised Code;1851

       (9) A violation of division (B) of section 2905.01 of the 1852
Revised Code when the victim of the offense is under eighteen 1853
years of age and the offender is not a parent of the victim of the 1854
offense;1855

       (10) A violation of division (B) of section 2903.03, of 1856
division (B) of section 2905.02, of division (B) of section 1857
2905.03, of division (B) of section 2905.05, or of division (B)(5) 1858
of section 2919.22 of the Revised Code;1859

       (11) A violation of section 2905.32 of the Revised Code when 1860
the offender knowingly recruited, lured, enticed, isolated, 1861
harbored, transported, provided, obtained, or maintained, or 1862
knowingly attempted to recruit, lure, entice, isolate, harbor, 1863
transport, provide, obtain, or maintain, another person knowing 1864
that the person would be compelled to engage in sexual activity 1865
for hire, engage in a performance that was obscene, sexually 1866
oriented, or nudity oriented, or be a model or participant in the 1867
production of material that was obscene, sexually oriented, or 1868
nudity oriented;1869

        (12) A violation of any former law of this state, any 1870
existing or former municipal ordinance or law of another state or 1871
the United States, any existing or former law applicable in a 1872
military court or in an Indian tribal court, or any existing or 1873
former law of any nation other than the United States that is or 1874
was substantially equivalent to any offense listed in division 1875
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of 1876
this section;1877

       (13) A violation of division (A)(2) of section 2907.24 of the 1878
Revised Code;1879

       (14) Any attempt to commit, conspiracy to commit, or 1880
complicity in committing any offense listed in division (A)(1), 1881
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12), or 1882
(13) of this section.1883

       (B)(1) "Sex offender" means, subject to division (B)(2) of 1884
this section, a 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 any sexually oriented offense.1888

       (2) "Sex offender" does not include a person who is convicted 1889
of, pleads guilty to, has been convicted of, has pleaded guilty 1890
to, is adjudicated a delinquent child for committing, or has been 1891
adjudicated a delinquent child for committing a sexually oriented 1892
offense if the offense involves consensual sexual conduct or 1893
consensual sexual contact and either of the following applies:1894

       (a) The victim of the sexually oriented offense was eighteen 1895
years of age or older and at the time of the sexually oriented 1896
offense was not under the custodial authority of the person who is 1897
convicted of, pleads guilty to, has been convicted of, has pleaded 1898
guilty to, is adjudicated a delinquent child for committing, or 1899
has been adjudicated a delinquent child for committing the 1900
sexually oriented offense.1901

       (b) The victim of the offense was thirteen years of age or 1902
older, and the person who is convicted of, pleads guilty to, has 1903
been convicted of, has pleaded guilty to, is adjudicated a 1904
delinquent child for committing, or has been adjudicated a 1905
delinquent child for committing the sexually oriented offense is 1906
not more than four years older than the victim.1907

       (C) "Child-victim oriented offense" means any of the 1908
following violations or offenses committed by a person, regardless 1909
of the person's age, when the victim is under eighteen years of 1910
age and is not a child of the person who commits the violation:1911

       (1) A violation of division (A)(1), (2), (3), or (5) of 1912
section 2905.01 of the Revised Code when the violation is not 1913
included in division (A)(7) of this section;1914

       (2) A violation of division (A) of section 2905.02, division 1915
(A) of section 2905.03, or division (A) of section 2905.05 of the 1916
Revised Code;1917

       (3) A violation of any former law of this state, any existing 1918
or former municipal ordinance or law of another state or the 1919
United States, any existing or former law applicable in a military 1920
court or in an Indian tribal court, or any existing or former law 1921
of any nation other than the United States that is or was 1922
substantially equivalent to any offense listed in division (C)(1) 1923
or (2) of this section;1924

       (4) Any attempt to commit, conspiracy to commit, or 1925
complicity in committing any offense listed in division (C)(1), 1926
(2), or (3) of this section.1927

       (D) "Child-victim offender" means a person who is convicted 1928
of, pleads guilty to, has been convicted of, has pleaded guilty 1929
to, is adjudicated a delinquent child for committing, or has been 1930
adjudicated a delinquent child for committing any child-victim 1931
oriented offense.1932

        (E) "Tier I sex offender/child-victim offender" means any of 1933
the following:1934

       (1) A sex offender who is convicted of, pleads guilty to, has 1935
been convicted of, or has pleaded guilty to any of the following 1936
sexually oriented offenses:1937

       (a) A violation of section 2907.06, 2907.07, 2907.08, 1938
2907.22, or 2907.32 of the Revised Code;1939

       (b) A violation of section 2907.04 of the Revised Code when 1940
the offender is less than four years older than the other person 1941
with whom the offender engaged in sexual conduct, the other person 1942
did not consent to the sexual conduct, and the offender previously 1943
has not been convicted of or pleaded guilty to a violation of 1944
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a 1945
violation of former section 2907.12 of the Revised Code;1946

       (c) A violation of division (A)(1), (2), (3), or (5) of 1947
section 2907.05 of the Revised Code;1948

       (d) A violation of division (A)(3) of section 2907.323 of the 1949
Revised Code;1950

       (e) A violation of division (A)(3) of section 2903.211, of 1951
division (B) of section 2905.03, or of division (B) of section 1952
2905.05 of the Revised Code;1953

       (f) A violation of any former law of this state, any existing 1954
or former municipal ordinance or law of another state or the 1955
United States, any existing or former law applicable in a military 1956
court or in an Indian tribal court, or any existing or former law 1957
of any nation other than the United States, that is or was 1958
substantially equivalent to any offense listed in division 1959
(E)(1)(a), (b), (c), (d), or (e) of this section;1960

       (g) Any attempt to commit, conspiracy to commit, or 1961
complicity in committing any offense listed in division (E)(1)(a), 1962
(b), (c), (d), (e), or (f) of this section.1963

       (2) A child-victim offender who is convicted of, pleads 1964
guilty to, has been convicted of, or has pleaded guilty to a 1965
child-victim oriented offense and who is not within either 1966
category of child-victim offender described in division (F)(2) or 1967
(G)(2) of this section.1968

       (3) A sex offender who is adjudicated a delinquent child for 1969
committing or has been adjudicated a delinquent child for 1970
committing any sexually oriented offense and who a juvenile court, 1971
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the 1972
Revised Code, classifies a tier I sex offender/child-victim 1973
offender relative to the offense.1974

       (4) A child-victim offender who is adjudicated a delinquent 1975
child for committing or has been adjudicated a delinquent child 1976
for committing any child-victim oriented offense and who a 1977
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 1978
2152.85 of the Revised Code, classifies a tier I sex 1979
offender/child-victim offender relative to the offense.1980

       (F) "Tier II sex offender/child-victim offender" means any of 1981
the following:1982

       (1) A sex offender who is convicted of, pleads guilty to, has 1983
been convicted of, or has pleaded guilty to any of the following 1984
sexually oriented offenses:1985

       (a) A violation of section 2907.21, 2907.321, or 2907.322 or 1986
a felony violation of section 2905.321 of the Revised Code;1987

       (b) A violation of section 2907.04 of the Revised Code when 1988
the offender is at least four years older than the other person 1989
with whom the offender engaged in sexual conduct, or when the 1990
offender is less than four years older than the other person with 1991
whom the offender engaged in sexual conduct and the offender 1992
previously has been convicted of or pleaded guilty to a violation 1993
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or 1994
former section 2907.12 of the Revised Code;1995

       (c) A violation of division (A)(4) of section 2907.05, of 1996
division (A)(2) of section 2907.24, or of division (A)(1) or (2) 1997
of section 2907.323 of the Revised Code;1998

       (d) A violation of division (A)(1), (2), (3), or (5) of 1999
section 2905.01 of the Revised Code when the offense is committed 2000
with a sexual motivation;2001

       (e) A violation of division (A)(4) of section 2905.01 of the 2002
Revised Code when the victim of the offense is eighteen years of 2003
age or older;2004

       (f) A violation of division (B) of section 2905.02 or of 2005
division (B)(5) of section 2919.22 of the Revised Code;2006

       (g) A violation of section 2905.32 of the Revised Code when 2007
the offender knowingly recruited, lured, enticed, isolated, 2008
harbored, transported, provided, obtained, or maintained, or 2009
knowingly attempted to recruit, lure, entice, isolate, harbor, 2010
transport, provide, obtain, or maintain, another person knowing 2011
that the person would be compelled to engage in sexual activity 2012
for hire, engage in a performance that was obscene, sexually 2013
oriented, or nudity oriented, or be a model or participant in the 2014
production of material that was obscene, sexually oriented, or 2015
nudity oriented;2016

       (h) A violation of any former law of this state, any existing 2017
or former municipal ordinance or law of another state or the 2018
United States, any existing or former law applicable in a military 2019
court or in an Indian tribal court, or any existing or former law 2020
of any nation other than the United States that is or was 2021
substantially equivalent to any offense listed in division 2022
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;2023

       (i) Any attempt to commit, conspiracy to commit, or 2024
complicity in committing any offense listed in division (F)(1)(a), 2025
(b), (c), (d), (e), (f), (g), or (h) of this section;2026

       (j) Any sexually oriented offense that is committed after the 2027
sex offender previously has been convicted of, pleaded guilty to, 2028
or has been adjudicated a delinquent child for committing any 2029
sexually oriented offense or child-victim oriented offense for 2030
which the offender was classified a tier I sex 2031
offender/child-victim offender.2032

       (2) A child-victim offender who is convicted of, pleads 2033
guilty to, has been convicted of, or has pleaded guilty to any 2034
child-victim oriented offense when the child-victim oriented 2035
offense is committed after the child-victim offender previously 2036
has been convicted of, pleaded guilty to, or been adjudicated a 2037
delinquent child for committing any sexually oriented offense or 2038
child-victim oriented offense for which the offender was 2039
classified a tier I sex offender/child-victim offender.2040

       (3) A sex offender who is adjudicated a delinquent child for 2041
committing or has been adjudicated a delinquent child for 2042
committing any sexually oriented offense and who a juvenile court, 2043
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the 2044
Revised Code, classifies a tier II sex offender/child-victim 2045
offender relative to the offense.2046

       (4) A child-victim offender who is adjudicated a delinquent 2047
child for committing or has been adjudicated a delinquent child 2048
for committing any child-victim oriented offense and whom a 2049
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2050
2152.85 of the Revised Code, classifies a tier II sex 2051
offender/child-victim offender relative to the current offense.2052

       (5) A sex offender or child-victim offender who is not in any 2053
category of tier II sex offender/child-victim offender set forth 2054
in division (F)(1), (2), (3), or (4) of this section, who prior to 2055
January 1, 2008, was adjudicated a delinquent child for committing 2056
a sexually oriented offense or child-victim oriented offense, and 2057
who prior to that date was determined to be a habitual sex 2058
offender or determined to be a habitual child-victim offender, 2059
unless either of the following applies:2060

       (a) The sex offender or child-victim offender is reclassified 2061
pursuant to section 2950.031 or 2950.032 of the Revised Code as a 2062
tier I sex offender/child-victim offender or a tier III sex 2063
offender/child-victim offender relative to the offense.2064

       (b) A juvenile court, pursuant to section 2152.82, 2152.83, 2065
2152.84, or 2152.85 of the Revised Code, classifies the child a 2066
tier I sex offender/child-victim offender or a tier III sex 2067
offender/child-victim offender relative to the offense.2068

       (G) "Tier III sex offender/child-victim offender" means any 2069
of the following:2070

       (1) A sex offender who is convicted of, pleads guilty to, has 2071
been convicted of, or has pleaded guilty to any of the following 2072
sexually oriented offenses:2073

       (a) A violation of section 2907.02 or 2907.03 of the Revised 2074
Code;2075

       (b) A violation of division (B) of section 2907.05 of the 2076
Revised Code;2077

       (c) A violation of section 2903.01, 2903.02, or 2903.11 of 2078
the Revised Code when the violation was committed with a sexual 2079
motivation;2080

       (d) A violation of division (A) of section 2903.04 of the 2081
Revised Code when the offender committed or attempted to commit 2082
the felony that is the basis of the violation with a sexual 2083
motivation;2084

       (e) A violation of division (A)(4) of section 2905.01 of the 2085
Revised Code when the victim of the offense is under eighteen 2086
years of age;2087

       (f) A violation of division (B) of section 2905.01 of the 2088
Revised Code when the victim of the offense is under eighteen 2089
years of age and the offender is not a parent of the victim of the 2090
offense;2091

       (g) A violation of division (B) of section 2903.03 of the 2092
Revised Code;2093

       (h) A violation of any former law of this state, any existing 2094
or former municipal ordinance or law of another state or the 2095
United States, any existing or former law applicable in a military 2096
court or in an Indian tribal court, or any existing or former law 2097
of any nation other than the United States that is or was 2098
substantially equivalent to any offense listed in division 2099
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;2100

       (i) Any attempt to commit, conspiracy to commit, or 2101
complicity in committing any offense listed in division (G)(1)(a), 2102
(b), (c), (d), (e), (f), (g), or (h) of this section;2103

       (j) Any sexually oriented offense that is committed after the 2104
sex offender previously has been convicted of, pleaded guilty to, 2105
or been adjudicated a delinquent child for committing any sexually 2106
oriented offense or child-victim oriented offense for which the 2107
offender was classified a tier II sex offender/child-victim 2108
offender or a tier III sex offender/child-victim offender.2109

       (2) A child-victim offender who is convicted of, pleads 2110
guilty to, has been convicted of, or has pleaded guilty to any 2111
child-victim oriented offense when the child-victim oriented 2112
offense is committed after the child-victim offender previously 2113
has been convicted of, pleaded guilty to, or been adjudicated a 2114
delinquent child for committing any sexually oriented offense or 2115
child-victim oriented offense for which the offender was 2116
classified a tier II sex offender/child-victim offender or a tier 2117
III sex offender/child-victim offender.2118

       (3) A sex offender who is adjudicated a delinquent child for 2119
committing or has been adjudicated a delinquent child for 2120
committing any sexually oriented offense and who a juvenile court, 2121
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the 2122
Revised Code, classifies a tier III sex offender/child-victim 2123
offender relative to the offense.2124

       (4) A child-victim offender who is adjudicated a delinquent 2125
child for committing or has been adjudicated a delinquent child 2126
for committing any child-victim oriented offense and whom a 2127
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2128
2152.85 of the Revised Code, classifies a tier III sex 2129
offender/child-victim offender relative to the current offense.2130

       (5) A sex offender or child-victim offender who is not in any 2131
category of tier III sex offender/child-victim offender set forth 2132
in division (G)(1), (2), (3), or (4) of this section, who prior to 2133
January 1, 2008, was convicted of or pleaded guilty to a sexually 2134
oriented offense or child-victim oriented offense or was 2135
adjudicated a delinquent child for committing a sexually oriented 2136
offense or child-victim oriented offense and classified a juvenile 2137
offender registrant, and who prior to that date was adjudicated a 2138
sexual predator or adjudicated a child-victim predator, unless 2139
either of the following applies:2140

       (a) The sex offender or child-victim offender is reclassified 2141
pursuant to section 2950.031 or 2950.032 of the Revised Code as a 2142
tier I sex offender/child-victim offender or a tier II sex 2143
offender/child-victim offender relative to the offense.2144

       (b) The sex offender or child-victim offender is a delinquent 2145
child, and a juvenile court, pursuant to section 2152.82, 2152.83, 2146
2152.84, or 2152.85 of the Revised Code, classifies the child a 2147
tier I sex offender/child-victim offender or a tier II sex 2148
offender/child-victim offender relative to the offense.2149

       (6) A sex offender who is convicted of, pleads guilty to, was 2150
convicted of, or pleaded guilty to a sexually oriented offense, if 2151
the sexually oriented offense and the circumstances in which it 2152
was committed are such that division (F) of section 2971.03 of the 2153
Revised Code automatically classifies the offender as a tier III 2154
sex offender/child-victim offender;2155

       (7) A sex offender or child-victim offender who is convicted 2156
of, pleads guilty to, was convicted of, pleaded guilty to, is 2157
adjudicated a delinquent child for committing, or was adjudicated 2158
a delinquent child for committing a sexually oriented offense or 2159
child-victim offense in another state, in a federal court, 2160
military court, or Indian tribal court, or in a court in any 2161
nation other than the United States if both of the following 2162
apply:2163

       (a) Under the law of the jurisdiction in which the offender 2164
was convicted or pleaded guilty or the delinquent child was 2165
adjudicated, the offender or delinquent child is in a category 2166
substantially equivalent to a category of tier III sex 2167
offender/child-victim offender described in division (G)(1), (2), 2168
(3), (4), (5), or (6) of this section.2169

       (b) Subsequent to the conviction, plea of guilty, or 2170
adjudication in the other jurisdiction, the offender or delinquent 2171
child resides, has temporary domicile, attends school or an 2172
institution of higher education, is employed, or intends to reside 2173
in this state in any manner and for any period of time that 2174
subjects the offender or delinquent child to a duty to register or 2175
provide notice of intent to reside under section 2950.04 or 2176
2950.041 of the Revised Code.2177

       (H) "Confinement" includes, but is not limited to, a 2178
community residential sanction imposed pursuant to section 2929.16 2179
or 2929.26 of the Revised Code.2180

       (I) "Prosecutor" has the same meaning as in section 2935.01 2181
of the Revised Code.2182

       (J) "Supervised release" means a release of an offender from 2183
a prison term, a term of imprisonment, or another type of 2184
confinement that satisfies either of the following conditions:2185

       (1) The release is on parole, a conditional pardon, under a 2186
community control sanction, under transitional control, or under a 2187
post-release control sanction, and it requires the person to 2188
report to or be supervised by a parole officer, probation officer, 2189
field officer, or another type of supervising officer.2190

       (2) The release is any type of release that is not described 2191
in division (J)(1) of this section and that requires the person to 2192
report to or be supervised by a probation officer, a parole 2193
officer, a field officer, or another type of supervising officer.2194

       (K) "Sexually violent predator specification," "sexually 2195
violent predator," "sexually violent offense," "sexual motivation 2196
specification," "designated homicide, assault, or kidnapping 2197
offense," and "violent sex offense" have the same meanings as in 2198
section 2971.01 of the Revised Code.2199

       (L) "Post-release control sanction" and "transitional 2200
control" have the same meanings as in section 2967.01 of the 2201
Revised Code.2202

       (M) "Juvenile offender registrant" means a person who is 2203
adjudicated a delinquent child for committing on or after January 2204
1, 2002, a sexually oriented offense or a child-victim oriented 2205
offense, who is fourteen years of age or older at the time of 2206
committing the offense, and who a juvenile court judge, pursuant 2207
to an order issued under section 2152.82, 2152.83, 2152.84, 2208
2152.85, or 2152.86 of the Revised Code, classifies a juvenile 2209
offender registrant and specifies has a duty to comply with 2210
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised 2211
Code. "Juvenile offender registrant" includes a person who prior 2212
to January 1, 2008, was a "juvenile offender registrant" under the 2213
definition of the term in existence prior to January 1, 2008, and 2214
a person who prior to July 31, 2003, was a "juvenile sex offender 2215
registrant" under the former definition of that former term.2216

       (N) "Public registry-qualified juvenile offender registrant" 2217
means a person who is adjudicated a delinquent child and on whom a 2218
juvenile court has imposed a serious youthful offender 2219
dispositional sentence under section 2152.13 of the Revised Code 2220
before, on, or after January 1, 2008, and to whom all of the 2221
following apply:2222

       (1) The person is adjudicated a delinquent child for 2223
committing, attempting to commit, conspiring to commit, or 2224
complicity in committing one of the following acts:2225

       (a) A violation of section 2907.02 of the Revised Code, 2226
division (B) of section 2907.05 of the Revised Code, or section 2227
2907.03 of the Revised Code if the victim of the violation was 2228
less than twelve years of age;2229

       (b) A violation of section 2903.01, 2903.02, or 2905.01 of 2230
the Revised Code that was committed with a purpose to gratify the 2231
sexual needs or desires of the child;2232

       (c) A violation of division (B) of section 2903.03 of the 2233
Revised Code.2234

       (2) The person was fourteen, fifteen, sixteen, or seventeen 2235
years of age at the time of committing the act.2236

       (3) A juvenile court judge, pursuant to an order issued under 2237
section 2152.86 of the Revised Code, classifies the person a 2238
juvenile offender registrant, specifies the person has a duty to 2239
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised 2240
Code, and classifies the person a public registry-qualified 2241
juvenile offender registrant, and the classification of the person 2242
as a public registry-qualified juvenile offender registrant has 2243
not been terminated pursuant to division (D) of section 2152.86 of 2244
the Revised Code.2245

       (O) "Secure facility" means any facility that is designed and 2246
operated to ensure that all of its entrances and exits are locked 2247
and under the exclusive control of its staff and to ensure that, 2248
because of that exclusive control, no person who is 2249
institutionalized or confined in the facility may leave the 2250
facility without permission or supervision.2251

       (P) "Out-of-state juvenile offender registrant" means a 2252
person who is adjudicated a delinquent child in a court in another 2253
state, in a federal court, military court, or Indian tribal court, 2254
or in a court in any nation other than the United States for 2255
committing a sexually oriented offense or a child-victim oriented 2256
offense, who on or after January 1, 2002, moves to and resides in 2257
this state or temporarily is domiciled in this state for more than 2258
five days, and who has a duty under section 2950.04 or 2950.041 of 2259
the Revised Code to register in this state and the duty to 2260
otherwise comply with that applicable section and sections 2950.05 2261
and 2950.06 of the Revised Code. "Out-of-state juvenile offender 2262
registrant" includes a person who prior to January 1, 2008, was an 2263
"out-of-state juvenile offender registrant" under the definition 2264
of the term in existence prior to January 1, 2008, and a person 2265
who prior to July 31, 2003, was an "out-of-state juvenile sex 2266
offender registrant" under the former definition of that former 2267
term.2268

       (Q) "Juvenile court judge" includes a magistrate to whom the 2269
juvenile court judge confers duties pursuant to division (A)(15) 2270
of section 2151.23 of the Revised Code.2271

       (R) "Adjudicated a delinquent child for committing a sexually 2272
oriented offense" includes a child who receives a serious youthful 2273
offender dispositional sentence under section 2152.13 of the 2274
Revised Code for committing a sexually oriented offense.2275

       (S) "School" and "school premises" have the same meanings as 2276
in section 2925.01 of the Revised Code.2277

       (T) "Residential premises" means the building in which a 2278
residential unit is located and the grounds upon which that 2279
building stands, extending to the perimeter of the property. 2280
"Residential premises" includes any type of structure in which a 2281
residential unit is located, including, but not limited to, 2282
multi-unit buildings and mobile and manufactured homes.2283

       (U) "Residential unit" means a dwelling unit for residential 2284
use and occupancy, and includes the structure or part of a 2285
structure that is used as a home, residence, or sleeping place by 2286
one person who maintains a household or two or more persons who 2287
maintain a common household. "Residential unit" does not include a 2288
halfway house or a community-based correctional facility.2289

       (V) "Multi-unit building" means a building in which is 2290
located more than twelve residential units that have entry doors 2291
that open directly into the unit from a hallway that is shared 2292
with one or more other units. A residential unit is not considered 2293
located in a multi-unit building if the unit does not have an 2294
entry door that opens directly into the unit from a hallway that 2295
is shared with one or more other units or if the unit is in a 2296
building that is not a multi-unit building as described in this 2297
division.2298

       (W) "Community control sanction" has the same meaning as in 2299
section 2929.01 of the Revised Code.2300

       (X) "Halfway house" and "community-based correctional 2301
facility" have the same meanings as in section 2929.01 of the 2302
Revised Code.2303

       Sec. 2951.041.  (A)(1) If an offender is charged with a 2304
criminal offense, including but not limited to a violation of 2305
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of 2306
the Revised Code, and the court has reason to believe that drug or 2307
alcohol usage by the offender was a factor leading to the criminal 2308
offense with which the offender is charged or that, at the time of 2309
committing that offense, the offender had a mental illness or, was 2310
a person with intellectual disability, or was a victim of a 2311
violation of section 2905.32 of the Revised Code and that the 2312
mental illness or, status as a person with intellectual 2313
disability, or fact that the offender was a victim of a violation 2314
of section 2905.32 of the Revised Code was a factor leading to the 2315
offender's criminal behavior, the court may accept, prior to the 2316
entry of a guilty plea, the offender's request for intervention in 2317
lieu of conviction. The request shall include a statement from the 2318
offender as to whether the offender is alleging that drug or 2319
alcohol usage by the offender was a factor leading to the criminal 2320
offense with which the offender is charged or is alleging that, at 2321
the time of committing that offense, the offender had a mental 2322
illness or, was a person with intellectual disability, or was a 2323
victim of a violation of section 2905.32 of the Revised Code and 2324
that the mental illness or, status as a person with intellectual 2325
disability, or fact that the offender was a victim of a violation 2326
of section 2905.32 of the Revised Code was a factor leading to the 2327
criminal offense with which the offender is charged. The request 2328
also shall include a waiver of the defendant's right to a speedy 2329
trial, the preliminary hearing, the time period within which the 2330
grand jury may consider an indictment against the offender, and 2331
arraignment, unless the hearing, indictment, or arraignment has 2332
already occurred. The court may reject an offender's request 2333
without a hearing. If the court elects to consider an offender's 2334
request, the court shall conduct a hearing to determine whether 2335
the offender is eligible under this section for intervention in 2336
lieu of conviction and shall stay all criminal proceedings pending 2337
the outcome of the hearing. If the court schedules a hearing, the 2338
court shall order an assessment of the offender for the purpose of 2339
determining the offender's eligibility for intervention in lieu of 2340
conviction and recommending an appropriate intervention plan.2341

       If the offender alleges that drug or alcohol usage by the 2342
offender was a factor leading to the criminal offense with which 2343
the offender is charged, the court may order that the offender be 2344
assessed by a program certified pursuant to section 3793.06 of the 2345
Revised Code or a properly credentialed professional for the 2346
purpose of determining the offender's eligibility for intervention 2347
in lieu of conviction and recommending an appropriate intervention 2348
plan. The program or the properly credentialed professional shall 2349
provide a written assessment of the offender to the court.2350

       (2) The victim notification provisions of division (C) of 2351
section 2930.08 of the Revised Code apply in relation to any 2352
hearing held under division (A)(1) of this section.2353

       (B) An offender is eligible for intervention in lieu of 2354
conviction if the court finds all of the following:2355

       (1) The offender previously has not been convicted of or 2356
pleaded guilty to a felony offense of violence or previously has 2357
been convicted of or pleaded guilty to any felony that is not an 2358
offense of violence and the prosecuting attorney recommends that 2359
the offender be found eligible for participation in intervention 2360
in lieu of treatment under this section, previously has not been 2361
through intervention in lieu of conviction under this section or 2362
any similar regimen, and is charged with a felony for which the 2363
court, upon conviction, would impose a community control sanction 2364
on the offender under division (B)(2) of section 2929.13 of the 2365
Revised Code or with a misdemeanor.2366

       (2) The offense is not a felony of the first, second, or 2367
third degree, is not an offense of violence, is not a violation of 2368
division (A)(1) or (2) of section 2903.06 of the Revised Code, is 2369
not a violation of division (A)(1) of section 2903.08 of the 2370
Revised Code, is not a violation of division (A) of section 2371
4511.19 of the Revised Code or a municipal ordinance that is 2372
substantially similar to that division, and is not an offense for 2373
which a sentencing court is required to impose a mandatory prison 2374
term, a mandatory term of local incarceration, or a mandatory term 2375
of imprisonment in a jail.2376

       (3) The offender is not charged with a violation of section 2377
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged 2378
with a violation of section 2925.03 of the Revised Code that is a 2379
felony of the first, second, third, or fourth degree, and is not 2380
charged with a violation of section 2925.11 of the Revised Code 2381
that is a felony of the first, second, or third degree.2382

       (4) If an offender alleges that drug or alcohol usage by the 2383
offender was a factor leading to the criminal offense with which 2384
the offender is charged, the court has ordered that the offender 2385
be assessed by a program certified pursuant to section 3793.06 of 2386
the Revised Code or a properly credentialed professional for the 2387
purpose of determining the offender's eligibility for intervention 2388
in lieu of conviction and recommending an appropriate intervention 2389
plan, the offender has been assessed by a program of that nature 2390
or a properly credentialed professional in accordance with the 2391
court's order, and the program or properly credentialed 2392
professional has filed the written assessment of the offender with 2393
the court.2394

       (5) If an offender alleges that, at the time of committing 2395
the criminal offense with which the offender is charged, the 2396
offender had a mental illness or, was a person with intellectual 2397
disability, or was a victim of a violation of section 2905.32 of 2398
the Revised Code and that the mental illness or, status as a 2399
person with intellectual disability, or fact that the offender was 2400
a victim of a violation of section 2905.32 of the Revised Code was 2401
a factor leading to that offense, the offender has been assessed 2402
by a psychiatrist, psychologist, independent social worker, or 2403
professional clinical counselor for the purpose of determining the 2404
offender's eligibility for intervention in lieu of conviction and 2405
recommending an appropriate intervention plan.2406

       (6) The offender's drug usage, alcohol usage, mental illness, 2407
or intellectual disability, or the fact that the offender was a 2408
victim of a violation of section 2905.32 of the Revised Code, 2409
whichever is applicable, was a factor leading to the criminal 2410
offense with which the offender is charged, intervention in lieu 2411
of conviction would not demean the seriousness of the offense, and 2412
intervention would substantially reduce the likelihood of any 2413
future criminal activity.2414

       (7) The alleged victim of the offense was not sixty-five 2415
years of age or older, permanently and totally disabled, under 2416
thirteen years of age, or a peace officer engaged in the officer's 2417
official duties at the time of the alleged offense.2418

       (8) If the offender is charged with a violation of section 2419
2925.24 of the Revised Code, the alleged violation did not result 2420
in physical harm to any person, and the offender previously has 2421
not been treated for drug abuse.2422

       (9) The offender is willing to comply with all terms and 2423
conditions imposed by the court pursuant to division (D) of this 2424
section.2425

       (10) The offender is not charged with an offense that would 2426
result in the offender being disqualified under Chapter 4506. of 2427
the Revised Code from operating a commercial motor vehicle or 2428
would subject the offender to any other sanction under that 2429
chapter. 2430

       (C) At the conclusion of a hearing held pursuant to division 2431
(A) of this section, the court shall enter its determination as to 2432
whether the offender is eligible for intervention in lieu of 2433
conviction and as to whether to grant the offender's request. If 2434
the court finds under division (B) of this section that the 2435
offender is eligible for intervention in lieu of conviction and 2436
grants the offender's request, the court shall accept the 2437
offender's plea of guilty and waiver of the defendant's right to a 2438
speedy trial, the preliminary hearing, the time period within 2439
which the grand jury may consider an indictment against the 2440
offender, and arraignment, unless the hearing, indictment, or 2441
arraignment has already occurred. In addition, the court then may 2442
stay all criminal proceedings and order the offender to comply 2443
with all terms and conditions imposed by the court pursuant to 2444
division (D) of this section. If the court finds that the offender 2445
is not eligible or does not grant the offender's request, the 2446
criminal proceedings against the offender shall proceed as if the 2447
offender's request for intervention in lieu of conviction had not 2448
been made.2449

       (D) If the court grants an offender's request for 2450
intervention in lieu of conviction, the court shall place the 2451
offender under the general control and supervision of the county 2452
probation department, the adult parole authority, or another 2453
appropriate local probation or court services agency, if one 2454
exists, as if the offender was subject to a community control 2455
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the 2456
Revised Code. The court shall establish an intervention plan for 2457
the offender. The terms and conditions of the intervention plan 2458
shall require the offender, for at least one year from the date on 2459
which the court grants the order of intervention in lieu of 2460
conviction, to abstain from the use of illegal drugs and alcohol, 2461
to participate in treatment and recovery support services, and to 2462
submit to regular random testing for drug and alcohol use and may 2463
include any other treatment terms and conditions, or terms and 2464
conditions similar to community control sanctions, which may 2465
include community service or restitution, that are ordered by the 2466
court.2467

       (E) If the court grants an offender's request for 2468
intervention in lieu of conviction and the court finds that the 2469
offender has successfully completed the intervention plan for the 2470
offender, including the requirement that the offender abstain from 2471
using illegal drugs and alcohol for a period of at least one year 2472
from the date on which the court granted the order of intervention 2473
in lieu of conviction, the requirement that the offender 2474
participate in treatment and recovery support services, and all 2475
other terms and conditions ordered by the court, the court shall 2476
dismiss the proceedings against the offender. Successful 2477
completion of the intervention plan and period of abstinence under 2478
this section shall be without adjudication of guilt and is not a 2479
criminal conviction for purposes of any disqualification or 2480
disability imposed by law and upon conviction of a crime, and the 2481
court may order the sealing of records related to the offense in 2482
question in the manner provided in sections 2953.31 to 2953.36 of 2483
the Revised Code.2484

       (F) If the court grants an offender's request for 2485
intervention in lieu of conviction and the offender fails to 2486
comply with any term or condition imposed as part of the 2487
intervention plan for the offender, the supervising authority for 2488
the offender promptly shall advise the court of this failure, and 2489
the court shall hold a hearing to determine whether the offender 2490
failed to comply with any term or condition imposed as part of the 2491
plan. If the court determines that the offender has failed to 2492
comply with any of those terms and conditions, it shall enter a 2493
finding of guilty and shall impose an appropriate sanction under 2494
Chapter 2929. of the Revised Code. If the court sentences the 2495
offender to a prison term, the court, after consulting with the 2496
department of rehabilitation and correction regarding the 2497
availability of services, may order continued court-supervised 2498
activity and treatment of the offender during the prison term and, 2499
upon consideration of reports received from the department 2500
concerning the offender's progress in the program of activity and 2501
treatment, may consider judicial release under section 2929.20 of 2502
the Revised Code.2503

       (G) As used in this section:2504

       (1) "Community control sanction" has the same meaning as in 2505
section 2929.01 of the Revised Code.2506

       (2) "Intervention in lieu of conviction" means any 2507
court-supervised activity that complies with this section.2508

       (3) "Peace officer" has the same meaning as in section 2509
2935.01 of the Revised Code.2510

       (4) "Mental illness" and "psychiatrist" have the same 2511
meanings as in section 5122.01 of the Revised Code.2512

       (5) "Person with intellectual disability" means a person 2513
having significantly subaverage general intellectual functioning 2514
existing concurrently with deficiencies in adaptive behavior, 2515
manifested during the developmental period.2516

       (6) "Psychologist" has the same meaning as in section 4732.01 2517
of the Revised Code.2518

       (H) Whenever the term "mentally retarded person" is used in 2519
any statute, rule, contract, grant, or other document, the 2520
reference shall be deemed to include a "person with intellectual 2521
disability," as defined in this section.2522

       Section 2. That existing sections 109.54, 2151.414, 2151.419, 2523
2901.13, 2905.32, 2907.02, 2907.05, 2907.07, 2907.22, 2907.24, 2524
2907.241, 2907.25, 2929.01, 2937.11, 2950.01, and 2951.041 of the 2525
Revised Code are hereby repealed.2526

       Section 3.  Section 2901.13 of the Revised Code is presented 2527
in this act as a composite of the section as amended by both Sub. 2528
H.B. 46 and S.B. 219 of the 127th General Assembly. The General 2529
Assembly, applying the principle stated in division (B) of section 2530
1.52 of the Revised Code that amendments are to be harmonized if 2531
reasonably capable of simultaneous operation, finds that the 2532
composite is the resulting version of the section in effect prior 2533
to the effective date of the section as presented in this act.2534

       Section 4.  This act is hereby declared to be an emergency 2535
measure necessary for the immediate preservation of the public 2536
peace, health, and safety. The reason for such necessity is that 2537
minors are particularly vulnerable to becoming victims of the 2538
offenses described in this act. Therefore this act shall go into 2539
immediate effect.2540