To amend sections 109.572 and 2953.32 and to enact sections 109.574, 109.575, 109.576, 109.577, 109.578, 109.579, 109.5710, 109.5711, 109.5712, and 109.5713 of the Revised Code to facilitate BCII criminal records checks regarding any person who applies to be or is a volunteer of a specified type of organization or entity that provides specified services to children and who regularly has unsupervised access to a child.

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

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 109.575, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section.

(2) On receipt of a request pursuant to section 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a direct services position with an entity contracting with a county board for employment, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code;

(b) An existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.

(3) On receipt of a request pursuant to section 173.41, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position that involves providing direct care to an older adult. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section.

(4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.

(5) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section.

(6) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, in addition to the determination made under division (A)(1) of this section, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code.

(7) When conducting a criminal records check on a request pursuant to section 2151.86 of the Revised Code for a person who is a prospective foster caregiver or who is eighteen years old or older and resides in the home of a prospective foster caregiver, the superintendent, in addition to the determination made under division (A)(1) of this section, shall determine whether any information exists that indicates that the person has been convicted of or pleaded guilty to a violation of:

(a) Section 2909.02 or 2909.03 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to section 2909.02 or 2909.03 of the Revised Code.

(8) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), (5), (6), or (7) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), or (7) of this section, as appropriate. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (5) of this section.

(B) The superintendent shall conduct any criminal records check requested under section 109.575, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows:

(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;

(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.

(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 109.575, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 109.575, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 109.575, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 109.575, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request.

(4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic method.

(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check.

(E) As used in this section:

(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.

(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.

(3) "Older adult" means a person age sixty or older.

Sec. 109.574. AS USED IN SECTIONS 109.574 TO 109.5713 OF THE REVISED CODE:

(A) "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN SECTION 109.572 OF THE REVISED CODE.

(B) "ORGANIZATION OR ENTITY" MEANS A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, SUPERVISION, OR RECREATION TO CHILDREN.

(C) "UNSUPERVISED ACCESS TO A CHILD" MEANS THAT THE PERSON IN QUESTION HAS ACCESS TO A CHILD AND THAT EITHER OF THE FOLLOWING APPLIES:

(1) NO OTHER PERSON EIGHTEEN YEARS OF AGE OR OLDER IS PRESENT IN THE SAME ROOM WITH THE CHILD.

(2) IF OUTDOORS, NO OTHER PERSON EIGHTEEN YEARS OF AGE OR OLDER IS WITHIN A THIRTY-YARD RADIUS OF THE CHILD OR HAS VISUAL CONTACT WITH THE CHILD.

Sec. 109.575. (A) AN ORGANIZATION OR ENTITY MAY REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION CONDUCT, IN ACCORDANCE WITH SECTION 109.572 OF THE REVISED CODE, A CRIMINAL RECORDS CHECK WITH RESPECT TO ANY PERSON IT INTENDS TO ACCEPT AS A VOLUNTEER OR WHO IS CURRENTLY A VOLUNTEER IF THE VOLUNTEER POSITION PERMITS UNSUPERVISED ACCESS TO A CHILD ON A REGULAR BASIS.

(B) A CRIMINAL RECORDS CHECK REQUEST MADE PURSUANT TO THIS SECTION SHALL CONSIST OF A REQUEST FOR THE INFORMATION DESCRIBED IN DIVISION (A)(1) OF SECTION 109.572 OF THE REVISED CODE AND BE ACCOMPANIED BY THE FORM AND STANDARD IMPRESSION SHEET PRESCRIBED BY THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION UNDER DIVISION (C) OF THAT SECTION.

(C) IF THE PERSON ABOUT WHOM A CRIMINAL RECORDS CHECK REQUEST IS TO BE MADE UNDER THIS SECTION DOES NOT PRESENT PROOF THAT THE PERSON HAS BEEN A RESIDENT OF THIS STATE FOR THE FIVE-YEAR PERIOD IMMEDIATELY PRIOR TO THE DATE THE CRIMINAL RECORDS CHECK IS REQUESTED OR DOES NOT PROVIDE EVIDENCE THAT WITHIN THAT FIVE-YEAR PERIOD THE SUPERINTENDENT HAS REQUESTED INFORMATION ABOUT THE PERSON FROM THE FEDERAL BUREAU OF INVESTIGATION IN A CRIMINAL RECORDS CHECK, THE ORGANIZATION OR ENTITY MAKING THE REQUEST SHALL REQUEST THAT THE SUPERINTENDENT OBTAIN INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS PART OF THE CRIMINAL RECORDS CHECK FOR THE PERSON. IF THE PERSON PRESENTS PROOF THAT THE PERSON HAS BEEN A RESIDENT OF THIS STATE FOR THAT FIVE-YEAR PERIOD, THE ORGANIZATION OR ENTITY MAY REQUEST THAT THE SUPERINTENDENT OBTAIN INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS PART OF THE CRIMINAL RECORDS CHECK.

(D) AN ORGANIZATION OR ENTITY SHALL PROVIDE TO EACH PERSON ABOUT WHOM IT REQUESTS A CRIMINAL RECORDS CHECK PURSUANT TO THIS SECTION A COPY OF THE FORM AND STANDARD IMPRESSION SHEET PRESCRIBED PURSUANT TO DIVISION (C) OF SECTION 109.572 OF THE REVISED CODE, OBTAIN THE COMPLETED FORM AND IMPRESSION SHEET FROM THE PERSON, AND FORWARD THEM TO THE SUPERINTENDENT AT THE TIME IT REQUESTS THE CRIMINAL RECORDS CHECK.

(E) A PERSON ASKED TO COMPLETE THE FORM AND PROVIDE A SET OF FINGERPRINT IMPRESSIONS SHALL COMPLETE THE FORM OR PROVIDE ALL THE INFORMATION NECESSARY TO COMPLETE IT AND SHALL PROVIDE THE IMPRESSION SHEET WITH THE IMPRESSIONS OF THE PERSON'S FINGERPRINTS. IF THE PERSON FAILS TO PROVIDE THE INFORMATION NECESSARY TO COMPLETE THE FORM OR FAILS TO PROVIDE IMPRESSIONS OF THE PERSON'S FINGERPRINTS, THE ORGANIZATION OR ENTITY SHALL NOT ACCEPT THE PERSON, OR PERMIT THE PERSON TO CONTINUE, AS A VOLUNTEER IN ANY POSITION THAT PERMITS UNSUPERVISED ACCESS TO A CHILD ON A REGULAR BASIS.

(F) THE SUPERINTENDENT SHALL INCLUDE IN EACH REPORT OF THE RESULTS OF A CRIMINAL RECORDS CHECK CONDUCTED PURSUANT TO THIS SECTION A STATEMENT INDICATING WHETHER ANY RECORDS OF CONVICTION HAVE BEEN SEALED PURSUANT TO SECTION 2953.32 of the Revised Code AND, IF SO, SPECIFYING THE OFFENSES FOR WHICH THE RECORDS OF CONVICTION HAVE BEEN SEALED.

(G) AN ORGANIZATION OR ENTITY THAT MAKES A CRIMINAL RECORDS CHECK REQUEST PURSUANT TO THIS SECTION SHALL PAY THE FEE PRESCRIBED UNDER DIVISION (C)(3) OF SECTION 109.572 OF THE REVISED CODE.

Sec. 109.576. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, AN ORGANIZATION OR ENTITY SHALL NOT ACCEPT A PERSON AS A VOLUNTEER OR PERMIT THE PERSON TO CONTINUE AS A VOLUNTEER IN ANY POSITION THAT PERMITS UNSUPERVISED ACCESS TO A CHILD ON A REGULAR BASIS, IF IT HAS RECEIVED A REPORT FROM THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION THAT THE PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES DESCRIBED IN DIVISION (A)(1) OF SECTION 109.572 OF THE REVISED CODE.

(B) AN ORGANIZATION OR ENTITY THAT RECEIVES A REPORT FROM THE BUREAU THAT A PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE DESCRIBED IN DIVISION (A)(1) OF SECTION 109.572 OF THE REVISED CODE MAY ACCEPT THE PERSON, OR PERMIT THE PERSON TO CONTINUE, AS A VOLUNTEER IN A POSITION THAT PERMITS UNSUPERVISED ACCESS TO A CHILD ON A REGULAR BASIS IF EITHER OF THE FOLLOWING IS THE CASE:

(1) THE ONLY CRIMES IDENTIFIED IN THE CRIMINAL RECORDS CHECK REPORT ARE MISDEMEANOR OFFENSES FOR WHICH THE RECORDS OF CONVICTION HAVE BEEN SEALED PURSUANT TO SECTION 2953.32 of the Revised Code;

(2) ONE OF THE FOLLOWING APPLIES:

(a) THE ORGANIZATION OR ENTITY HAS ADOPTED REHABILITATION STANDARDS UNDER SECTION 109.577 OF THE REVISED CODE AND THE PERSON MEETS THOSE STANDARDS;

(b) THE ORGANIZATION OR ENTITY HAS NOT ADOPTED REHABILITATION STANDARDS UNDER SECTION 109.577 OF THE REVISED CODE, THE ONLY CRIMES IDENTIFIED IN THE CRIMINAL RECORDS CHECK REPORT ARE FELONY OFFENSES FOR WHICH THE RECORDS OF CONVICTION HAVE BEEN SEALED PURSUANT TO SECTION 2953.32 of the Revised Code, AND THE PERSON HAS MET THE REHABILITATION STANDARDS SPECIFIED IN SECTION 109.578 OF THE REVISED CODE.

Sec. 109.577. (A) AN ORGANIZATION OR ENTITY MAY ADOPT REHABILITATION STANDARDS DESIGNED TO ENSURE A PERSON DESCRIBED IN DIVISION (B)(2)(a) OF SECTION 109.576 OF THE REVISED CODE WILL NOT JEOPARDIZE THE HEALTH, SAFETY, OR WELFARE OF CHILDREN IT SERVES IF THE PERSON IS ACCEPTED OR REMAINS AS A VOLUNTEER FOR THE ORGANIZATION OR ENTITY IN A POSITION THAT PERMITS UNSUPERVISED ACCESS TO A CHILD ON A REGULAR BASIS.

(B) AN ORGANIZATION OR ENTITY THAT ESTABLISHES ITS OWN REHABILITATION STANDARDS PURSUANT TO THIS SECTION SHALL NOTIFY THE PARENT OR GUARDIAN OF EACH CHILD FOR WHOM IT PROVIDES SERVICES OF THE FOLLOWING:

(1) THE ORGANIZATION OR ENTITY USES ITS OWN REHABILITATION STANDARDS INSTEAD OF THE REHABILITATION STANDARDS ESTABLISHED IN SECTION 109.578 of the Revised Code;

(2) THE DIFFERENCE BETWEEN THE STANDARDS ESTABLISHED BY THE ORGANIZATION OR ENTITY AND THE STANDARDS ESTABLISHED IN SECTION 109.578 of the Revised Code.

THE NOTICE REQUIRED BY THIS SECTION SHALL BE IN WRITING AND BE SENT TO THE PARENT OR GUARDIAN OF A CHILD ON THE DATE THE ORGANIZATION OR ENTITY COMMENCES PROVIDING SERVICES TO THE CHILD.

Sec. 109.578. (A) AN ORGANIZATION OR ENTITY MAY ACCEPT, OR PERMIT TO REMAIN, AS A VOLUNTEER IN A POSITION THAT PERMITS UNSUPERVISED ACCESS TO A CHILD ON A REGULAR BASIS, A PERSON DESCRIBED IN DIVISION (B)(2)(b) OF SECTION 109.576 of the Revised Code IF ALL OF THE FOLLOWING APPLY:

(1) THE VICTIM OF THE OFFENSE OR OFFENSES WAS NOT A PERSON UNDER EIGHTEEN YEARS OF AGE;

(2) AT LEAST FIVE YEARS HAVE ELAPSED SINCE THE PERSON WAS FULLY DISCHARGED FROM IMPRISONMENT, PROBATION, AND PAROLE;

(3) THE PERSON PROVIDES WRITTEN CONFIRMATION FROM A COURT, THE PERSON'S PAROLE OFFICER, OR THE PERSON'S COUNSELOR THAT THE PERSON HAS BEEN REHABILITATED;

(4) THE ORGANIZATION OR ENTITY FOR WHICH THE PERSON WORKS, OR SEEKS TO WORK, AS A VOLUNTEER DETERMINES THAT ALLOWING THE PERSON TO BE A VOLUNTEER IN THE POSITION, OR TO REMAIN AS A VOLUNTEER IN THE POSITION WILL NOT JEOPARDIZE THE HEALTH, SAFETY, OR WELFARE OF CHILDREN SERVED BY THE ORGANIZATION OR ENTITY. THE ORGANIZATION OR ENTITY MUST CONSIDER THE FOLLOWING FACTORS IN DETERMINING WHETHER THE PERSON WILL JEOPARDIZE THE HEALTH, SAFETY, OR WELFARE OF THE CHILDREN:

(a) THE PERSON'S AGE AT THE TIME THE OFFENSE OR OFFENSES WERE COMMITTED;

(b) THE AGE AND ABILITY OF THE VICTIM AT THE TIME THE OFFENSE OR OFFENSES WERE COMMITTED, INCLUDING WHETHER THE VICTIM WAS AN INDIVIDUAL WITH PHYSICAL OR MENTAL DISABILITIES;

(c) THE NATURE AND SERIOUSNESS OF THE OFFENSE OR OFFENSES;

(d) THE CIRCUMSTANCES UNDER WHICH THE OFFENSE OR OFFENSES WERE COMMITTED;

(e) THE DEGREE TO WHICH THE PERSON PARTICIPATED IN THE OFFENSE OR OFFENSES;

(f) THE TIME ELAPSED SINCE THE PERSON WAS FULLY DISCHARGED FROM IMPRISONMENT, PROBATION, AND PAROLE;

(g) THE LIKELIHOOD THAT THE CIRCUMSTANCES LEADING TO THE OFFENSE OR OFFENSES WILL RECUR;

(h) THE EXTENT TO WHICH THE POSITION HELD BY THE PERSON PROVIDES AN OPPORTUNITY FOR THE COMMISSION OF AN OFFENSE IDENTIFIED IN DIVISION (A)(1) OF SECTION 109.572 of the Revised Code;

(i) THE PERSON'S EMPLOYMENT RECORD;

(j) THE PERSON'S EFFORTS AT REHABILITATION AND THE RESULTS OF THOSE EFFORTS;

(k) WHETHER ANY CRIMINAL PROCEEDINGS ARE PENDING AGAINST THE PERSON;

(l) ANY OTHER FACTOR THE ORGANIZATION OR ENTITY CONSIDERS RELEVANT.

(B) A PERSON DESCRIBED IN DIVISION (A) OF THIS SECTION SHALL PROVIDE WRITTEN EVIDENCE THAT THE PERSON MEETS THE REHABILITATION STANDARDS SPECIFIED IN THIS SECTION. IF THE PERSON FAILS TO PROVIDE THE EVIDENCE OR THE ORGANIZATION OR ENTITY FOR WHICH THE PERSON WORKS, OR SEEKS TO WORK, AS A VOLUNTEER DETERMINES THAT THE EVIDENCE IS INCONCLUSIVE, THE ORGANIZATION OR ENTITY SHALL NOT ACCEPT THE PERSON OR SHALL REMOVE THE PERSON FROM ANY VOLUNTEER POSITION THAT ENABLES THE PERSON ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD. ANY DOUBT AS TO WHETHER THE PERSON MEETS THE STANDARDS SHALL BE RESOLVED AGAINST THE PERSON.

(C) NOT LATER THAN SEVEN DAYS AFTER RECEIVING THE EVIDENCE DESCRIBED IN DIVISION (B) OF THIS SECTION, AN ORGANIZATION OR ENTITY SHALL DETERMINE WHETHER THE PERSON TO WHOM THE EVIDENCE PERTAINS HAS MET THE REHABILITATION STANDARDS DESCRIBED IN DIVISION (A) OF THIS SECTION.

Sec. 109.579. AT THE TIME OF A PERSON'S INITIAL APPLICATION TO AN ORGANIZATION OR ENTITY TO BE A VOLUNTEER IN A POSITION THAT WILL ENABLE THE PERSON ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD, THE ORGANIZATION OR ENTITY SHALL INFORM THE PERSON THAT, AT ANY TIME, THE PERSON MIGHT BE REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF THE PERSON'S FINGERPRINTS AND A CRIMINAL RECORDS CHECK MIGHT BE CONDUCTED WITH RESPECT TO THE PERSON IN ACCORDANCE WITH SECTION 109.575 OF THE REVISED CODE. NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH ORGANIZATION OR ENTITY SHALL NOTIFY EACH CURRENT VOLUNTEER THAT THE VOLUNTEER, AT ANY TIME, MIGHT BE REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF THE VOLUNTEER'S FINGERPRINTS AND A CRIMINAL RECORDS CHECK MIGHT BE CONDUCTED WITH RESPECT TO THE VOLUNTEER IN ACCORDANCE WITH SECTION 109.575 OF THE REVISED CODE.

Sec. 109.5710. AN ORGANIZATION OR ENTITY THAT REQUIRES A CURRENT OR PROSPECTIVE VOLUNTEER TO SUBMIT TO A CRIMINAL RECORDS CHECK SHALL ESTABLISH A POLICY GOVERNING ITS PROCEDURES AND REQUIREMENTS REGARDING THE CHECKS THAT INCLUDES THE FOLLOWING:

(A) THE CRITERIA FOR DETERMINING WHO SHOULD BE REQUIRED TO SUBMIT TO A CHECK;

(B) THE PERSON RESPONSIBLE FOR REQUESTING CRIMINAL RECORDS CHECKS AND RECEIVING AND MAINTAINING THE CRIMINAL RECORDS CHECK REPORTS;

(C) THE PROCESS FOR APPLYING REHABILITATION STANDARDS AND THE PERSON RESPONSIBLE FOR THE APPLICATION;

(D) ANY OTHER PROCEDURE OR REQUIREMENT THE ORGANIZATION OR ENTITY DETERMINES APPROPRIATE.

Sec. 109.5711. THE REPORT OF A CRIMINAL RECORDS CHECK CONDUCTED PURSUANT TO SECTION 109.575 of the Revised Code IS CONFIDENTIAL AND SHALL NOT BE RELEASED BY THE ORGANIZATION OR ENTITY TO ANY PERSON OR ENTITY, UNLESS THE PERSON WHO IS THE SUBJECT OF THE REPORT EXPRESSLY PERMITS THE REPORT TO BE RELEASED TO A PERSON OR ENTITY. THE REPORT OF THE CRIMINAL RECORDS CHECK IS NOT A PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE.

Sec. 109.5712. (A) A PERSON, ORGANIZATION, OR ENTITY THAT, IN GOOD FAITH, COMPLIES OR ATTEMPTS TO COMPLY WITH THE REQUIREMENTS OF SECTIONS 109.574 TO 109.5713 of the Revised Code AND ITS POLICY ADOPTED PURSUANT TO SECTION 109.5710 of the Revised Code IS IMMUNE FROM CIVIL LIABILITY THAT MIGHT OTHERWISE BE INCURRED OR IMPOSED FOR ANY DEATH OR ANY INJURY OR LOSS THAT OCCURS AS A RESULT OF THE COMPLIANCE, ATTEMPTED COMPLIANCE, OR FAILURE TO COMPLY. THIS IMMUNITY DOES NOT APPLY TO A PERSON, ORGANIZATION, OR ENTITY THAT HAS IMMUNITY FROM CIVIL LIABILITY IN ACCORDANCE WITH SECTION 9.86, 2744.02, OR 2744.03 OF THE REVISED CODE FOR THE GOOD FAITH COMPLIANCE, ATTEMPTED COMPLIANCE, OR FAILURE TO COMPLY.

(B) THIS SECTION DOES NOT CREATE A NEW CAUSE OF ACTION OR SUBSTANTIVE LEGAL RIGHT AGAINST A PERSON, ORGANIZATION, OR ENTITY AND DOES NOT AFFECT ANY IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES ESTABLISHED BY ANOTHER SECTION of the Revised Code OR AVAILABLE AT COMMON LAW, TO WHICH A PERSON, ORGANIZATION, OR ENTITY MAY BE ENTITLED UNDER CIRCUMSTANCES NOT COVERED BY THIS SECTION.

Sec. 109.5713. (A) THE GOVERNOR'S COMMUNITY SERVICE COUNCIL SHALL ESTABLISH AND MAINTAIN AN EDUCATIONAL PROGRAM THAT DOES ALL OF THE FOLLOWING:

(1) MAKES AVAILABLE TO PARENTS AND GUARDIANS OF CHILDREN NOTICE ABOUT THE PROVISIONS OF SECTIONS 109.574 TO 109.5713 OF THE REVISED CODE AND INFORMATION ABOUT HOW TO KEEP CHILDREN SAFE WHEN THEY ARE UNDER THE CARE, CUSTODY, OR CONTROL OF A PERSON OTHER THAN THE PARENT OR GUARDIAN;

(2) MAKES AVAILABLE TO ORGANIZATIONS AND ENTITIES INFORMATION REGARDING THE BEST METHODS OF SCREENING AND SUPERVISING VOLUNTEERS, HOW TO OBTAIN A CRIMINAL RECORDS CHECK OF A VOLUNTEER UNDER SECTION 109.575 OF THE REVISED CODE, THE ESTABLISHMENT OF REHABILITATION STANDARDS PURSUANT TO SECTION 109.577 OF THE REVISED CODE, CONFIDENTIALITY ISSUES RELATING TO REPORTS OF CRIMINAL RECORDS CHECKS, AND RECORD KEEPING REGARDING THE REPORTS;

(3) MAKES AVAILABLE TO VOLUNTEERS INFORMATION REGARDING THE CRIMINAL RECORDS CHECK PROCESS UNDER SECTION 109.575 OF THE REVISED CODE, THE REASON A CRIMINAL RECORDS CHECK MAY BE REQUIRED OF A VOLUNTEER, AND DISPLAYING APPROPRIATE BEHAVIOR TO MINORS;

(4) MAKES AVAILABLE TO CHILDREN ADVICE ON PERSONAL SAFETY AND INFORMATION ON WHAT ACTION TO TAKE IF SOMEONE TAKES INAPPROPRIATE ACTION TOWARDS A CHILD.

(B) THE PROGRAM SHALL BEGIN MAKING THE MATERIALS DESCRIBED IN THIS SECTION AVAILABLE NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.

Sec. 2953.32. (A)(1) Except as provided in section 2953.61 of the Revised Code, a first offender may apply to the sentencing court if convicted in this state, or to a court of common pleas if convicted in another state or in a federal court, for the sealing of the conviction record. Application may be made at the expiration of three years after the offender's final discharge if convicted of a felony, or at the expiration of one year after the offender's final discharge if convicted of a misdemeanor.

(2) Any person who has been arrested for any misdemeanor offense and who has effected a bail forfeiture may apply to the court in which the misdemeanor criminal case was pending when bail was forfeited for the sealing of the record of the case. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the expiration of one year from the date on which the bail forfeiture was entered upon the minutes of the court or the journal, whichever entry occurs first.

(B) Upon the filing of an application under this section, the court shall set a date for a hearing and shall notify the prosecutor for the case of the hearing on the application. The prosecutor may object to the granting of the application by filing an objection with the court prior to the date set for the hearing. The prosecutor shall specify in the objection the reasons for believing a denial of the application is justified. The court shall direct its regular probation officer, a state probation officer, or the department of probation of the county in which the applicant resides to make inquiries and written reports as the court requires concerning the applicant.

(C)(1) The court shall do each of the following:

(a) Determine whether the applicant is a first offender or whether the forfeiture of bail was agreed to by the applicant and the prosecutor in the case. If the applicant applies as a first offender pursuant to division (A)(1) of this section and has two or three convictions that result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, in making its determination under this division, the court initially shall determine whether it is not in the public interest for the two or three convictions to be counted as one conviction. If the court determines that it is not in the public interest for the two or three convictions to be counted as one conviction, the court shall determine that the applicant is not a first offender; if the court does not make that determination, the court shall determine that the offender is a first offender.

(b) Determine whether criminal proceedings are pending against the applicant;

(c) If the applicant is a first offender who applies pursuant to division (A)(1) of this section, determine whether the applicant has been rehabilitated to the satisfaction of the court;

(d) If the prosecutor has filed an objection in accordance with division (B) of this section, consider the reasons against granting the application specified by the prosecutor in the objection;

(e) Weigh the interests of the applicant in having the records pertaining to the applicant's conviction sealed against the legitimate needs, if any, of the government to maintain those records.

(2) If the court determines, after complying with division (C)(1) of this section, that the applicant is a first offender or the subject of a bail forfeiture, that no criminal proceeding is pending against the applicant, and that the interests of the applicant in having the records pertaining to the applicant's conviction or bail forfeiture sealed are not outweighed by any legitimate governmental needs to maintain those records, and that the rehabilitation of an applicant who is a first offender applying pursuant to division (A)(1) of this section has been attained to the satisfaction of the court, the court, except as provided in division (G) of this section, shall order all official records pertaining to the case sealed and, except as provided in division (F) of this section, all index references to the case deleted and, in the case of bail forfeitures, shall dismiss the charges in the case. The proceedings in the case shall be considered not to have occurred and the conviction or bail forfeiture of the person who is the subject of the proceedings shall be sealed, except that upon conviction of a subsequent offense, the sealed record of prior conviction or bail forfeiture may be considered by the court in determining the sentence or other appropriate disposition, including the relief provided for in sections 2953.31 to 2953.33 of the Revised Code.

(3) Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars. The court shall pay thirty dollars of the fee into the state treasury. It shall pay twenty dollars of the fee into the county general revenue fund if the sealed conviction or bail forfeiture was pursuant to a state statute, or into the general revenue fund of the municipal corporation involved if the sealed conviction or bail forfeiture was pursuant to a municipal ordinance.

(D) Inspection of the sealed records included in the order may be made only by the following persons or for the following purposes:

(1) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime;

(2) By the parole or probation officer of the person who is the subject of the records, for the exclusive use of the officer in supervising the person while on parole or probation and in making inquiries and written reports as requested by the court or adult parole authority;

(3) Upon application by the person who is the subject of the records, by the persons named in the application;

(4) By a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;

(5) By a prosecuting attorney or the prosecuting attorney's assistants to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;

(6) By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction as part of a background investigation of a person who applies for employment with the agency as a law enforcement officer or with the department as a corrections officer;

(7) By any law enforcement agency or any authorized employee of a law enforcement agency, for the purposes set forth in, and in the manner provided in, section 2953.321 of the Revised Code;

(8) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code OR TO A PERSON OR ENTITY PURSUANT TO DIVISION (F) OF SECTION 109.575 of the Revised Code;

(9) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded.

When the nature and character of the offense with which a person is to be charged would be affected by the information, it may be used for the purpose of charging the person with an offense.

(E) In any criminal proceeding, proof of any otherwise admissible prior conviction may be introduced and proved, notwithstanding the fact that for any such prior conviction an order of sealing previously was issued pursuant to sections 2953.31 to 2953.36 of the Revised Code.

(F) The person or governmental agency, office, or department that maintains sealed records pertaining to convictions or bail forfeitures that have been sealed pursuant to this section may maintain a manual or computerized index to the sealed records. The index shall contain only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of the sealed records, the word "sealed," and the name of the person, agency, office, or department that has custody of the sealed records, and shall not contain the name of the crime committed. The index shall be made available by the person who has custody of the sealed records only for the purposes set forth in divisions (C), (D), and (E) of this section.

(G) Notwithstanding any provision of this section or section 2953.33 of the Revised Code that requires otherwise, a board of education of a city, local, exempted village, or joint vocational school district that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding a conviction that was used as the basis for the individual's permanent exclusion, regardless of a court order to seal the record. An order issued under this section to seal the record of a conviction does not revoke the adjudication order of the superintendent of public instruction to permanently exclude the individual who is the subject of the sealing order. An order issued under this section to seal the record of a conviction of an individual may be presented to a district superintendent as evidence to support the contention that the superintendent should recommend that the permanent exclusion of the individual who is the subject of the sealing order be revoked. Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code, any school employee in possession of or having access to the sealed conviction records of an individual that were the basis of a permanent exclusion of the individual is subject to section 2953.35 of the Revised Code.