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Sub. H. B. No. 485As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Widowfield, Womer Benjamin, Williams, Roman, Hoops, Webster, McGregor, Wolpert, Flowers, Lendrum, Salerno, Latta, Trakas, Young, Metzger, Olman, Hagan, Brinkman, Evans, Clancy, Jerse, Carey, Reinhard, Setzer, Schmidt, Collier, Grendell, Seitz, Buehrer, Hughes, Callender, Niehaus, Schuring, Gilb, Oakar, Seaver, Otterman, Faber, Reidelbach, Sulzer, S. Smith, Sykes, Brown, Manning, Carmichael, Aslanides, Cates, G. Smith, Coates, Sferra, Schaffer, DeWine, Flannery, Cirelli, Barrett, Distel, Ogg, Redfern, Hartnett, DeBose, Fedor, Perry, Wilson, Rhine, Stapleton, Schneider, Strahorn, Krupinski, Kearns, Latell, Peterson, Boccieri, DePiero
SENATORS Herington, Ryan
A BILL
To amend sections 2907.02, 2929.13, 2929.14, 2929.19, 2950.01, 2950.03, 2950.04, 2950.06, 2950.07, 2950.09, 2950.10, 2950.11, 2950.13, and 2967.13 of the Revised
Code to
eliminate the requirement of force or a
threat of
force for a sentence of life imprisonment
for the
rape of a child who is less than ten years
of age;
to require either life imprisonment or life imprisonment without parole
for
the rape of a child less than
thirteen years of age, if the offender previously was convicted of the rape of a child under that age or caused serious physical harm to the victim; to provide a mandatory prison term for attempted rape if the completed rape would subject the offender to life imprisonment; to specify
that a conviction of or plea of guilty to rape when the victim was
under 13 years of age automatically subjects the offender to the
same duties and requirements as a
sexual predator under the Sex
Offender Registration and
Notification Law;
and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2907.02, 2929.13, 2929.14, 2929.19, 2950.01, 2950.03, 2950.04, 2950.06, 2950.07, 2950.09, 2950.10, 2950.11, 2950.13, and 2967.13 of the Revised
Code be
amended to read as follows:
Sec. 2907.02. (A)(1) No person shall engage in sexual
conduct with another who is not the spouse of the offender or who
is the spouse of the offender but is living separate and apart
from the offender, when any of the following applies: (a) For the purpose of preventing resistance, the offender
substantially impairs the other person's judgment or control by
administering any drug, intoxicant, or controlled
substance to the
other person surreptitiously or by force, threat
of force, or
deception. (b) The other person is less than thirteen years of age,
whether or not the offender knows the age of the other person. (c) The other person's ability to resist or consent is
substantially impaired because of a mental or physical condition
or because of advanced age, and the offender knows or has
reasonable cause to believe that the other person's ability to
resist or consent is substantially impaired because of a mental
or
physical condition or because of advanced age. (2) No person shall engage in sexual conduct with another
when the offender purposely compels the other person to submit by
force or threat of force. (B) Whoever violates this section is guilty of
rape, a
felony of the first degree. If the offender under
division
(A)(1)(a) of this section
substantially impairs the other person's
judgment or control by administering
any controlled substance
described in section 3719.41 of the
Revised Code
to the other
person surreptitiously or by force, threat of force, or
deception,
the prison term imposed upon the offender shall be one of the
prison
terms prescribed for a felony of the first degree in
section 2929.14
of the Revised Code that is not less than five
years.
If the offender under
division (A)(1)(b) of this section
purposely compels the victim
to submit by force or threat of force
or if the victim under division (A)(1)(b) of this section is less
than ten years of age, whoever violates division (A)(1)(b)
of
this
section shall be imprisoned for life.
If the offender under division (A)(1)(b) of this section previously
has been convicted of or pleaded guilty to violating division
(A)(1)(b) of this section or to violating a law of another state
or the United States that is substantially similar to division
(A)(1)(b) of this section or if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, whoever violates division (A)(1)(b) of
this section shall be imprisoned for life or life without parole. (C) A victim need not prove physical resistance to the
offender in prosecutions under this section. (D) Evidence of specific instances of the victim's sexual
activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be
admitted under this section unless it involves evidence of the
origin of semen, pregnancy, or disease, or the victim's past
sexual activity with the offender, and only to the extent that
the
court finds that the evidence is material to a fact at issue
in
the case and that its inflammatory or prejudicial nature does
not
outweigh its probative value. Evidence of specific instances of the defendant's sexual
activity, opinion evidence of the defendant's sexual activity,
and
reputation evidence of the defendant's sexual activity shall
not
be admitted under this section unless it involves evidence of
the
origin of semen, pregnancy, or disease, the defendant's past
sexual activity with the victim, or is admissible against the
defendant under section 2945.59 of the Revised Code, and only to
the extent that the court finds that the evidence is material to
a
fact at issue in the case and that its inflammatory or
prejudicial
nature does not outweigh its probative value. (E) Prior to taking testimony or receiving evidence of any
sexual activity of the victim or the defendant in a proceeding
under this section, the court shall resolve the admissibility of
the proposed evidence in a hearing in chambers, which shall be
held at or before preliminary hearing and not less than three
days
before trial, or for good cause shown during the trial. (F) Upon approval by the court, the victim may be
represented by counsel in any hearing in chambers or other
proceeding to resolve the admissibility of evidence. If the
victim is indigent or otherwise is unable to obtain the services
of
counsel, the court, upon request, may appoint counsel to
represent the victim without cost to the victim. (G) It is not a defense to a charge under division (A)(2)
of
this section that the offender and the victim were married or
were
cohabiting at the time of the commission of the offense.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources. If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code. If the offender is being sentenced for a fourth degree felony
OMVI offense or for a third degree felony OMVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory prison term required for
the offense by
division (G)(1)
or (2) of this section, the
court shall impose upon the offender a
mandatory fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is applicable: (1) For a fourth degree felony OMVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code; (2) For a third or fourth degree felony OMVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code. (B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply: (a) In committing the offense, the offender caused
physical
harm to a person. (b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon. (c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person. (d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others. (e) The offender committed the offense for hire or as part
of an organized criminal activity. (f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code. (g) The offender previously served a prison term. (h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance. (i) The offender committed the offense while in possession
of a firearm. (2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender. (b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender. (C) Except as provided in division (E), (F), or (G) of this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code. (D) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree and for a
felony drug offense that is a violation
of any provision of
Chapter 2925., 3719., or 4729. of the
Revised Code for which a
presumption in favor of
a prison term is specified as being
applicable, it is presumed
that a prison term is necessary in
order to comply
with the purposes and principles of sentencing
under section 2929.11 of the
Revised Code. Notwithstanding the
presumption established
under this division, the sentencing court
may
impose a community control sanction or a combination of
community control
sanctions instead of a prison term on an
offender for a felony of the first or
second degree or for a
felony drug offense that is a violation of any
provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable if
it makes both of
the following findings: (1) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism. (2) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense. (E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation. (2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following: (a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program. (b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code. (F) Notwithstanding divisions (A) to
(E) of this section,
the court shall impose a prison
term or terms under sections
2929.02 to 2929.06, section 2929.14, or section
2971.03 of the
Revised Code and except as specifically provided in
section
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the terms pursuant to section 2929.20,
section
2967.193, or any other provision of
Chapter 2967. or
Chapter 5120. of
the Revised Code for any of the following
offenses: (1) Aggravated murder when death is not imposed or murder; (2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
by force
when the victim is under thirteen years of age
if, had
the offender completed the rape that was
attempted, the offender
would have been subject to a sentence of
life imprisonment or life
imprisonment without parole for the
rape; (3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age, if the offender previously was
convicted of or pleaded guilty to
rape, the former offense of
felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under
thirteen years of age; (4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 of the Revised Code if the section
requires the
imposition of a prison term; (5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term; (6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses; (7) Any offense that is a third degree felony and that is
listed in division
(DD)(1) of section 2929.01 of the Revised Code
if the offender previously was
convicted of or pleaded guilty to
any offense that is listed in division
(DD)(2)(a)(i) or (ii) of
section 2929.01 of the Revised Code; (8) Any offense, other than a violation of section 2923.12
of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14 of the Revised Code for having the firearm; (9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (D)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor; (10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree; (11) Any sexually violent offense for which the offender
also is convicted
of or pleads guilty to a sexually violent
predator
specification that was included in the indictment, count
in the indictment, or
information charging the sexually violent
offense; (12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction. (G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OMVI
offense or for a third degree felony OMVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following: (1) If the offender is being sentenced for a fourth degree
felony
OMVI offense, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days as specified
in division (A)(4) of section 4511.99 of
the Revised Code or a
mandatory term of local incarceration of one hundred
twenty days
as specified in division (A)(8) of that section. The court
shall
not reduce the term pursuant to
section 2929.20, 2967.193, or any
other provision of the Revised
Code. The court that imposes a
mandatory term of local incarceration
under this division shall
specify whether the term is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility, and the
offender shall serve the
term in the type of facility specified
by the court. A mandatory
term of local incarceration imposed
under division (G)(1) of this
section is not subject to extension
under section 2967.11 of the
Revised Code, to a period of post-release control
under section
2967.28 of the Revised Code, or to any other Revised Code
provision that pertains to a prison term. (2) If the offender is being sentenced for a third
degree
felony OMVI offense,
or if the offender is being sentenced for a
fourth degree felony OMVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory
prison term of sixty days as specified in division (A)(4)
of
section 4511.99 of the Revised Code
or a mandatory prison term of
one hundred twenty days as specified in division
(A)(8) of that
section. The court shall not reduce the term pursuant
to section
2929.20, 2967.193, or any other provision of the Revised Code. In
no case shall an offender who once has been sentenced to a
mandatory term
of local incarceration pursuant to division (G)(1)
of this section for a
fourth degree felony OMVI offense be
sentenced to another mandatory
term of local incarceration under
that division for any violation of division
(A) of section 4511.19
of the Revised Code. The court shall not sentence the
offender to
a
community control sanction under section 2929.16 or 2929.17 of
the Revised
Code. The department of rehabilitation and correction
may place an offender
sentenced to a mandatory prison term under
this division in an intensive
program prison established pursuant
to section 5120.033 of the Revised
Code if the department gave the
sentencing judge prior notice of its intent to
place the offender
in an intensive program prison established under that
section and
if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code that is privately operated
and managed by a
contractor pursuant to a contract entered into under section
9.06
of the Revised Code, both of the following apply: (a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison. (H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies: (1) The offense was a sexually violent offense, and the
offender also was
convicted of or pleaded guilty to a sexually
violent predator specification
that was included in the
indictment,
count in the indictment, or information charging the
sexually violent offense. (2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator. (I) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duty to
register pursuant to section 2950.04 of the Revised Code,
the
offender's duty to provide notice of a change in residence address
and
register the new residence address pursuant to section 2950.05
of the Revised
Code, the offender's duty to periodically verify
the offender's current
residence address pursuant to section
2950.06 of the Revised Code, and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section. (J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted. (2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt. (K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter and is not
prohibited by division (G)(1) of section 2929.13 of the
Revised
Code from imposing a prison term on the offender, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), or (G) of this section, in section 2907.02
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender and if the
offender previously has not served a prison term, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless the
court finds
on the record that the shortest prison term will
demean the
seriousness of the offender's conduct or will not
adequately
protect the public from future crime by the offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
chapter
Chapter 2967. or
chapter
Chapter 5120. of the
Revised Code. A court shall not impose more
than one prison term
on an offender under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an additional prison
term under division (D)(1)(a)
or (c)
of this section, the
court is not precluded from imposing
an additional prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense. (2)(a) If an offender who is
convicted of or pleads guilty
to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the
Revised Code
that the
offender is a repeat
violent offender, the
court shall
impose a prison term from the range of terms
authorized for the offense
under division (A) of this section
that
may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code.
If the court finds that the
repeat violent offender, in committing
the offense, caused any
physical harm that carried a substantial
risk of death to a
person or that involved substantial permanent
incapacity or
substantial permanent disfigurement of a person,
the
court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent
offender imposes the longest prison term
from the range of terms
authorized for the offense under division
(A) of this section, the
court may impose on the offender
an additional definite prison
term of one, two, three, four,
five, six, seven, eight, nine, or
ten years if the court finds
that both of the following apply with
respect to the prison terms
imposed on the offender pursuant to
division
(D)(2)(a) of this section and, if
applicable, divisions
(D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05, 2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
or if the court imposing sentence upon an offender for
a felony
finds that the offender is guilty
of corrupt activity with the
most serious offense in the pattern
of corrupt activity being a
felony of the first degree, or
if the offender is guilty of
an
attempted
forcible violation of section 2907.02 of the Revised
Code
with
the victim being under
thirteen years of age and that
attempted violation is the felony
for which sentence is being
imposed
and, had the offender completed the violation of section
2907.02
of the Revised Code that was attempted, the offender would
have
been subject to a sentence of life imprisonment or life
imprisonment without parole for the violation of section 2907.02
of the Revised Code, the court shall impose upon
the offender for
the felony violation a ten-year prison term that
cannot be reduced
pursuant to section 2929.20 or Chapter
2967. or 5120. of the
Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OMVI offense under division (G)(2) of section
2929.13 of the Revised
Code,
the sentencing court shall impose
upon the offender a mandatory prison term in
accordance with that
division. In addition to the mandatory prison term, the
sentencing court may sentence the offender to an additional prison
term of any
duration specified in division (A)(3) of this section
minus the sixty or one
hundred twenty days imposed upon the
offender as the mandatory prison term.
The total of the
additional prison term imposed under division (D)(4) of this
section
plus the sixty or one hundred twenty days imposed as the
mandatory prison term
shall equal one of
the authorized prison
terms specified in division (A)(3) of this section. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. The
court shall not sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code or if a prison term is
imposed for a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for a prior
offense. (b) The harm caused by the multiple offenses
was so great or
unusual that no single prison term for any of the
offenses
committed as part of a single course of conduct
adequately
reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), or (4) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court
imposes a prison term
of a type described in division (C) of that
section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a
sexually violent
offense and also is convicted of or pleads guilty
to a sexually violent
predator specification that was included in
the indictment, count in the
indictment, or information charging
that offense, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court shall determine if
an
offender is eligible for placement in a program of shock
incarceration under
section 5120.031 of the Revised Code or is
eligible for placement in an intensive program
prison under
section 5120.032 of the Revised Code. The court may recommend the
offender for
placement in a program of shock incarceration, if
eligible, or for placement
in an intensive program prison, if
eligible, disapprove placement of the
offender in a program of
shock incarceration or in an intensive program
prison, regardless
of eligibility, or make no recommendation on placement of
the
offender. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court approves placement of the offender in a program
of shock
incarceration or in an intensive program prison, the
department shall notify
the court if the offender is subsequently
placed in the recommended program or
prison and shall include with
the notice a brief description of the placement. If the court approves placement of the offender in a program
of shock
incarceration or in an intensive program prison and the
department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an eligible offender, the department
shall screen the offender and
determine if there is an available
program of shock incarceration or an
intensive program prison for
which the offender is suited. If there is an
available program of
shock incarceration or an intensive program prison for
which the
offender is suited, the department shall notify the court of the
proposed placement of the offender and shall include with the
notice a brief
description of the placement. The court shall have
ten days from receipt of
the notice to disapprove the placement.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender. (2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced for a
sexually oriented offense that was committed on or after
January
1, 1997,
and that is not a sexually violent offense,
and before
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1,
1997,
and who was not
charged with a sexually violent
predator
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
sexually violent
offense and a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code. (B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code. (2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances: (a) Unless the offense is a sexually violent offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender. (b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code. (c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences; (d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term; (e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term. (3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following: (a) Impose a stated prison term; (b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term; (c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree in the commission of which
the
offender caused or threatened to cause physical harm to a person; (d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is being sentenced for a
felony of
the third, fourth, or fifth degree that is not subject to
division
(B)(3)(c) of this section; (e) Notify the offender that, if a
period of supervision is
imposed following
the
offender's release from prison, as described
in division
(B)(3)(c) or (d) of this
section, and if the offender
violates that supervision or a condition of
post-release control
imposed under division (B) of section 2967.131 of the
Revised
Code, the parole board may
impose a prison
term, as part of the
sentence, of up to one-half of the stated
prison term originally
imposed
upon the offender; (f) Require that the offender not ingest or be injected with
a drug of abuse
and submit to random drug testing as provided in
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever
is applicable to the offender who is
serving a prison term, and
require that the results of the drug test
administered under any
of those sections indicate that the offender did not
ingest or was
not injected with a drug of abuse. (4) If the offender is being sentenced for a sexually
violent offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent offense
or, if the
offender is being sentenced
for
a sexually oriented offense that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code that the
offender committed on or after the effective date of this
amendment, the
court
shall include in the offender's sentence a
statement that
the
offender has been adjudicated as being a sexual
predator
or has been convicted of or pleaded guilty to an
aggravated sexually oriented offense, whichever is applicable, and
shall
comply with the requirements of section 2950.03 of the
Revised
Code. Additionally, in the circumstances described in
division
(G) of section 2929.14 of the Revised Code, the court
shall impose
sentence on
the offender as described in that
division. (5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code. (6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section 2929.25 of the
Revised
Code, the court shall consider the offender's present and
future ability to
pay the amount of the sanction or fine. (C)(1) If the offender is being sentenced for a fourth
degree felony
OMVI offense under division (G)(1) of
section
2929.13 of the Revised Code, the court shall impose the mandatory
term
of local
incarceration in accordance with that division,
shall impose a mandatory fine
in accordance with division (B)(3)
of section 2929.18 of the Revised Code,
and, in addition, may
impose additional sanctions as specified in sections
2929.15,
2929.16, 2929.17, and 2929.18 of the Revised Code. The court
shall
not impose a prison term on the offender. (2) If the offender is being sentenced for a third or fourth
degree felony
OMVI offense under division (G)(2) of
section
2929.13 of the Revised Code, the court shall impose the mandatory
prison term in accordance with that
division, shall impose a
mandatory fine in accordance with division (B)(3) of
section
2929.18 of the Revised Code, and, in addition, may impose an
additional prison term as specified in section 2929.14 of the
Revised Code.
The court shall not impose any community control
sanction on the offender. (D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
of the Revised Code.
(B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
to whom both
of the following apply: (1) The person is convicted of or pleads guilty to a
sexually oriented offense, or the person is adjudicated a
delinquent
child for committing on or after
January 1, 2002, a
sexually oriented offense, was
fourteen years of
age or older at
the time of committing the
offense, and is
classified a juvenile
sex offender registrant
based on
that
adjudication. (2) One of the following applies to the person: (a) Regarding a person who is an offender, the person
previously
was convicted of or pleaded
guilty to one or
more
sexually oriented offenses
or
previously
was adjudicated a
delinquent
child for
committing one or more
sexually oriented
offenses
and was
classified a
juvenile sex offender registrant or
out-of-state
juvenile sex
offender registrant based on one or more
of those
adjudications,
regardless of when the offense was
committed and
regardless of the
person's age at the time of
committing the
offense. (b) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more sexually oriented offenses,
regardless of when the offense was committed and regardless of the
person's age at the time of committing the offense. (C) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(D) "Sexually oriented offense" means any
of the following: (1)
Any of
the
following
violations or offenses
committed by
a person
eighteen years of age or older: (a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, or 2907.05 of the Revised
Code; (b) Any of the following offenses involving a minor, in
the
circumstances specified: (i) A violation of section 2905.01, 2905.02, 2905.03,
2905.05, or 2907.04
or former section 2905.04 of the
Revised Code
when the victim
of the offense is under eighteen
years of age; (ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code; (iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code; (v) A violation of division (B)(5) of section 2919.22 of
the
Revised Code when the child who is involved in the offense is
under eighteen years of age; (vi) A violation of division (D) or (E) of section 2907.07 of
the Revised Code.
(c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a purpose to gratify the sexual needs
or desires of the offender;
(d) A sexually violent offense; (e) A violation of any former law of this state, any
existing or former municipal
ordinance
or law of another state or
the United States,
or any existing or former law applicable in a
military court or
in an
Indian tribal court that
is or was
substantially equivalent to any
offense listed in
division
(D)(1)(a),
(b), (c), or
(d) of this
section;
(f) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(b), (c), (d),
or (e) of this section. (2) An act committed by a person under eighteen years of age
that is
any of the following: (a)
Subject to
division (D)(2)(h) of this section,
regardless of the age of the
victim of the
violation, a violation
of section 2907.02, 2907.03,
or 2907.05 of
the Revised Code; (b) Subject to division (D)(2)(h) of this section, any of
the following acts involving a minor in the circumstances
specified: (i) A violation of section 2905.01 or 2905.02 of the
Revised
Code, or of former section 2905.04 of the Revised Code,
when the
victim of the violation is under eighteen years of age; (ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age; (iii) A violation of division (B)(5) of section 2919.22 of
the Revised Code when the child who is involved in the violation
is under eighteen years of age. (c) Subject to division (D)(2)(h) of this section, any
sexually violent offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(d) Subject to division (D)(2)(h) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
purpose to gratify the sexual needs or desires of the child
committing the violation;
(e) Subject to division (D)(2)(h) of this section, a
violation of division (A)(1) or (3) of section 2907.321, division
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of
section 2907.323 of the Revised Code, or an attempt to violate any
of those divisions, if the person who violates or attempts to
violate the division is four or more years older than the minor
who is the victim of the
violation; (f) Subject to division (D)(2)(h) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
or any existing or former law applicable in a military court or in
an Indian tribal court that is or was substantially equivalent to
any offense listed in division (D)(2)(a), (b), (c), (d), or (e) of
this section and that, if committed by an adult, would be a felony
of the first, second, third, or fourth degree; (g) Subject to division (D)(2)(h) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (D)(2)(a), (b), (c),
(d), (e), or (f) of this section; (h) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (D)(1)(a), (b), (c), (d), (e),
or
(f) of this section or would be any offense listed in any
of those
divisions if committed by an adult. (E) "Sexual predator" means a person
to whom either of
the
following applies: (1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense and is likely to engage
in
the future in one or more sexually oriented offenses. (2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense, was fourteen years of age
or older at
the time of committing the offense, was classified a
juvenile sex
offender registrant based on that adjudication, and
is
likely to engage in the future in one or more sexually oriented
offenses. (F) "Supervised release" means a release
of an offender from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or
probation, under transitional control, or under a post-release
control sanction, and it requires the person to report to or be
supervised by a parole officer, probation officer, field officer,
or another type of supervising officer.
(2) The release is any type of release that is not described
in division (F)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer. (G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
or "adjudicated a sexual predator" if any of
the following applies
and if that
status has not been removed
pursuant to section 2152.84, 2152.85,
or 2950.09 of the Revised
Code: (1) The offender is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is a sexually violent offense and also is convicted
of or pleads guilty to a sexually violent predator specification
that was included in the indictment, count in the indictment, or
information that charged the sexually violent offense. (2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.09 of the
Revised Code that the offender is a sexual predator. (3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has been
classified a juvenile sex offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to
section
2152.82, 2152.83,
2152.84,
or
2152.85
of
the
Revised
Code that the
delinquent child
is a
sexual
predator. (4) Prior to January 1, 1997, the offender was convicted
of
or pleaded guilty to, and was sentenced for, a sexually
oriented
offense, the offender is imprisoned in a state
correctional
institution on or after January 1, 1997, and the
court determines
pursuant to division (C) of section 2950.09 of
the Revised Code
that the offender is a sexual predator. (5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
has been convicted of or pleaded guilty to,
or
is adjudicated a
delinquent child for committing a sexually
oriented offense in
another state or in a federal court, military
court, or an Indian
tribal court, as a result of that conviction,
plea of guilty,
or adjudication, the offender
or delinquent
child
is required,
under the law of the jurisdiction in which the
offender was
convicted or pleaded guilty
or the delinquent child
was
adjudicated, to register as a sex offender until the
offender's
or
delinquent child's death and to verify the
offender's
or
delinquent child's address on at least a quarterly
basis each
year, and, on or after July 1, 1997,
for offenders or
January 1, 2002, for
delinquent children the
offender
or
delinquent
child moves to and
resides in this state or
temporarily
is
domiciled in this state
for more than seven days,
unless a
court
of common pleas
or
juvenile court determines that
the
offender
or delinquent
child
is
not a sexual predator pursuant
to
division (F) of section
2950.09
of the Revised Code. (H) "Sexually violent predator specification" and "sexually
violent offense" have the same meanings as in section 2971.01 of
the Revised Code.
(I) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(J) "Juvenile sex offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense, who
is fourteen years of age
or older at the
time of committing the
offense, and who a juvenile
court judge,
pursuant to an order
issued under section 2152.82,
2152.83,
2152.84, or 2152.85 of the
Revised Code, classifies
a
juvenile
sex offender registrant and
specifies has a duty to
register under
section 2950.04 of the
Revised Code. (K) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
locked and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(L) "Out-of-state juvenile sex offender registrant" means a
person who is adjudicated a delinquent child for committing a
sexually oriented offense in another state or in a federal court,
military court, or Indian tribal court, who on or after
January 1,
2002, moves to and
resides in this
state or temporarily is
domiciled in this state
for more than
seven days, and who under
section 2950.04 of the
Revised Code has
a duty to register in this
state as described in
that section.
(M) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(N) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense. (O) "Aggravated sexually oriented offense" means a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code.
Sec. 2950.03. (A) Each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a
sexually oriented
offense and who has a duty to register pursuant
to section 2950.04
of the Revised Code, and each person who is
adjudicated a delinquent child for
committing a
sexually oriented
offense and who is classified pursuant to section 2152.82 or
division (A) of section 2152.83
of the Revised Code a juvenile
sex
offender registrant based on
that adjudication, shall be
provided
notice in accordance with
this section of the offender's
or
delinquent child's duty to
register under
section
2950.04
of
the
Revised Code, the offender's
or delinquent child's
duty to
provide
notice of any change in the offender's
or
delinquent
child's
residence address and to register the new
residence
address
pursuant to section 2950.05 of the Revised Code,
and the
offender's
or delinquent child's duty to periodically
verify the
offender's
or delinquent child's residence address
pursuant to
section 2950.06 of the Revised Code. The following
official shall
provide the notice to the offender
or delinquent
child at the
following time:
(1) Regardless of when the offender committed the sexually
oriented offense, if the
person is an offender
who is sentenced
for the sexually
oriented offense to a prison term, a term of
imprisonment, or any
other type of confinement, and if, on or
after January 1, 1997,
the offender is serving that term or is
under that confinement,
the official in charge of the jail,
workhouse, state correctional
institution, or other institution in
which the offender serves the
prison term, term of imprisonment,
or confinement, or a designee
of that official, shall provide the
notice to the offender before
the offender is released pursuant to
any type of supervised
release or before the offender otherwise is
released from the
prison term, term of imprisonment, or
confinement.
(2) Regardless of when the offender committed the sexually
oriented offense, if the
person is an offender
who is sentenced
for
the sexually oriented offense on
or after January 1,
1997,
and if division (A)(1) of this section
does not apply, the
judge
shall provide the notice to the offender
at the time of
sentencing.
(3) If the
person is an offender
who committed the sexually
oriented offense
prior to January 1, 1997, if neither division
(A)(1) nor division
(A)(2) of this section applies, and if,
immediately prior to
January 1, 1997, the offender was a habitual
sex offender who was
required to register under Chapter 2950. of
the Revised Code, the
chief of police or sheriff with whom the
offender most recently
registered under that chapter, in the
circumstances described in
this division, shall provide the notice
to the offender. If the
offender has registered with a chief of
police or sheriff under
Chapter 2950. of the Revised Code as it
existed prior to January
1, 1997, the chief of police or sheriff
with whom the offender
most recently registered shall provide the
notice to the offender
as soon as possible after January 1, 1997,
as described in
division (B)(1) of this section. If the offender
has not
registered with a chief of police or sheriff under that
chapter,
the failure to register shall constitute a waiver by the
offender
of any right to notice under this section. If an
offender
described in this division does not receive notice under
this
section, the offender is not relieved of the duty to
register, the
duty to provide notice of any change in residence
address and to
register the new residence address, and the duty to
periodically
verify the residence address, as described in
division (A) of this
section. (4) If the
person is an offender of the type
described in
division (A)(1) of this section and if, subsequent to
release, the
offender is adjudicated as being a sexual predator
pursuant to
division (C) of section 2950.09 of the Revised Code,
the judge
shall provide the notice to the offender at the time of
adjudication. (5) If the person is a delinquent child who is classified
pursuant to
section 2152.82 or division (A) of section 2152.83 of
the Revised Code a
juvenile sex offender
registrant, the judge
shall
provide the
notice to the delinquent child at the time of
the classification. (B)(1) The notice provided under division (A) of this
section shall inform the offender
or delinquent child of the
duty
to register under section 2950.04 of the Revised
Code, to notify
the appropriate officials of a change in the
offender's
or
delinquent child's residence address and to register
the new
residence address in accordance with section 2950.05 of
the
Revised Code, and to periodically verify a residence address
under
section 2950.06 of the Revised Code. The notice shall
comport
with the following:
(a) If the notice is provided
to an offender under division
(A)(3) of this
section, the notice shall be on a form that is
prescribed by the
bureau of criminal identification and
investigation and that
states the offender's duties to register,
to register a new
residence address, and to periodically verify a
residence address
and that, if the offender has any questions
concerning these
duties, the offender may contact the chief of
police or sheriff
who sent the form for an explanation of the
duties. If the
offender appears in person before the chief of
police or sheriff,
the chief or sheriff shall provide the notice
as described in
division (B)(1)(a) of this section, and all
provisions of this
section that apply regarding a notice provided
by an official,
official's designee, or judge in that manner shall
be applicable. (b) If the notice is provided
to an offender under division
(A)(1), (2), or
(4) of this section, the official, official's
designee, or judge
shall require the offender to read and sign a
form prescribed by
the bureau of criminal identification and
investigation, stating
that the offender's duties to register, to
register a new
residence address, and to periodically verify a
residence address
have been explained to the offender. If the
offender is unable to
read, the official, official's designee, or
judge shall certify on
the form that the official, designee, or
judge specifically
informed the offender of those duties and that
the offender
indicated an understanding of those duties. (c)
If the notice is provided
to a delinquent child under
division
(A)(5) of this
section, the
judge shall require the
delinquent child and the
delinquent child's parent,
guardian, or
custodian to read and sign
a form prescribed by the
bureau of
criminal identification and
investigation, stating
that the
delinquent child's duties to
register, to register a new
residence
address, and to periodically
verify a residence
address have been
explained to the delinquent
child and to the delinquent child's
parent, guardian, or custodian.
If the delinquent child or the
delinquent child's parent,
guardian, or custodian is unable to
read, the
judge shall certify
on the form that the judge
specifically
informed the delinquent
child or the delinquent
child's parent, guardian, or
custodian of
those duties and that
the delinquent child or the
delinquent
child's parent, guardian,
or custodian indicated an
understanding
of those duties. (d) For any notice provided under division (A) of this
section, the form used shall contain all of the information
required by the bureau of criminal identification and
investigation, including, but not limited to,
a statement that the
subject delinquent child if applicable has been classified by the
adjudicating juvenile court judge or the judge's successor in
office a juvenile sex offender
registrant and has a duty to
register, a statement as to
whether
the offender
or delinquent
child has been adjudicated as
being a
sexual predator relative to
the sexually oriented offense
in
question, a statement as to
whether the offender
or delinquent
child has been determined to be
a habitual sex offender,
a statement as to whether the offense for
which the offender has the duty to register is an aggravated
sexually oriented offense committed on or after the effective date
of this amendment, an
explanation of the periodic residence
address verification process
and of the frequency with which the
offender
or delinquent child
will be required to verify the
residence address under that
process, and a statement that the
offender
or delinquent child
must verify the residence address at
the times specified under
that process or face criminal
prosecution
or a delinquent child
proceeding. (e) If the notice is provided under division (A)(4) of
this
section,
in addition to all other information contained on
it, the
form also shall include a statement that the
notice
replaces any
notice previously provided to the offender
under
division (A)(1)
of this section, a statement that the
offender's
duties described
in this notice supersede the duties
described in
the prior notice,
and a statement notifying the
offender that, if
the offender
already has registered under
section 2950.04 of the
Revised Code,
the offender must register
again pursuant to
division (A)(6) of
that section. (f) If the notice is provided under division (A)(5) of this
section, the form, in addition to all other information contained
on it, shall inform the delinquent child and the delinquent
child's parent, guardian, or custodian that, if the delinquent
child fails to comply with the requirements of sections 2950.04,
2950.05, and 2950.06 of the Revised Code, both of the following
apply: (i) If the delinquent child's failure occurs while the child
is under eighteen years of age, the child is subject to
proceedings under Chapter 2152. of the Revised Code based on the
failure, but if the failure occurs while the child is eighteen
years of age or older, the child is subject to criminal
prosecution based on the failure. (ii) If the delinquent child's failure occurs while the
child is under eighteen years of age, unless the child is
emancipated, as defined in section 2919.121 of the Revised Code,
the failure of the parent, guardian, or custodian to ensure that
the child complies with those requirements is a violation of
section 2919.24 of the Revised Code and may result in the
prosecution of the parent, guardian, or custodian for that
violation. (2)(a) After an offender described in division (A)(1), (2),
or (4) of this section has signed the form described in division
(B)(1) of this section or the official, official's designee, or
judge has certified on
the form that
the form has been
explained
to the offender and that the offender indicated an
understanding
of the duties indicated on it, the official,
official's designee,
or judge shall give one copy of the form to
the offender, within
three days shall send one copy of the form to
the bureau of
criminal identification and investigation in
accordance with the
procedures adopted pursuant to section 2950.13
of the Revised
Code, and shall send one copy of the form to the
sheriff of the
county in which the offender expects to reside. (b) After a chief of police or sheriff has sent a form to an
offender under division (A)(3) of this section, the chief or
sheriff shall send a copy of the form to the bureau of criminal
identification and investigation in accordance with the procedures
adopted pursuant to section 2950.13 of the Revised Code. (c) After a delinquent child described in division
(A)(5) of
this section and the
delinquent child's parent, guardian, or
custodian have signed the form
described in division (B)(1) of
this section or the judge has certified on the form that the
form
has been explained to the delinquent child or the delinquent
child's
parent, guardian, or custodian and that the delinquent
child or the
delinquent child's parent, guardian, or custodian
indicated an
understanding of the duties and information indicated
on the form,
the judge
shall give a copy of the form to both the
delinquent
child and to the
delinquent child's parent, guardian,
or
custodian, within three days
shall send one copy of the form to
the bureau of criminal
identification and investigation in
accordance with the
procedures adopted pursuant to section 2950.13
of the
Revised
Code, and shall send one copy
of the form to the
sheriff of the county in which the delinquent child
expects to
reside. (C) The official, official's designee, judge, chief of
police, or sheriff who is required to provide notice to an
offender
or delinquent child under division (A) of this section
shall do all of the following: (1) If the notice is provided under division (A)(1), (2),
(4), or (5) of this section, the official, designee, or judge
shall determine the offender's
or delinquent child's name,
identifying factors, and expected future residence address, shall
obtain the offender's
or delinquent child's criminal
and
delinquency history, and shall obtain a photograph and the
fingerprints of the offender
or delinquent child. If the notice
is provided by a judge under division (A)(2), (4), or (5) of
this
section, the sheriff shall provide the offender's
or
delinquent
child's criminal
and delinquency history to the judge.
The
official, official's designee, or judge shall obtain this
information and these items prior to giving the notice, except
that a judge may give the notice prior to obtaining the offender's
or delinquent child's criminal
and delinquency history. Within
three days after receiving this information and these items, the
official, official's designee, or judge shall forward the
information and items to the bureau of criminal identification and
investigation in accordance with the forwarding procedures adopted
pursuant to section 2950.13 of the Revised Code and to the sheriff
of the county in which the offender
or delinquent child expects to
reside.
If the notice is provided under division (A)(5) of this
section
and if the delinquent child has been committed to the
department
of youth services or to a secure facility, the judge,
in addition
to the other information and items described in this
division,
also shall forward to the bureau and to the sheriff
notification
that the child has been so committed. If it has
not
already done so, the bureau of criminal identification and
investigation shall forward a copy of the fingerprints and
conviction data received under this division to the federal bureau
of investigation. (2) If the notice is provided under division (A)(3) of this
section, the chief of police or sheriff shall determine the
offender's name, identifying factors, and residence address, shall
obtain the offender's criminal history from the bureau of criminal
identification and investigation, and, to the extent possible,
shall obtain a photograph and the fingerprints of the offender.
Within three days after receiving this information and these
items, the chief or sheriff shall forward the information and
items to the bureau of criminal identification and investigation
in accordance with the forwarding procedures adopted pursuant to
section 2950.13 of the Revised Code and, in relation to a chief of
police, to the sheriff of the county in which the offender
resides. If it has not already done so, the bureau of criminal
identification and investigation shall forward a copy of the
fingerprints and conviction data so received to the federal bureau
of investigation.
Sec. 2950.04. (A)(1) Each
of the following types of
offender
who is convicted of or
pleads guilty to, or has been
convicted of
or pleaded guilty to, a
sexually oriented offense
shall
register
personally with
the sheriff of the
county
within
seven days of
the offender's coming into a county in which the
offender resides
or temporarily is domiciled for more than seven
days: (a) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for the sexually
oriented
offense to a prison term, a term of imprisonment, or any
other
type of confinement and, on or after July 1, 1997,
is released in
any manner from the prison term, term of
imprisonment, or
confinement; (b) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for a sexually
oriented
offense on or after July 1, 1997, and
to whom division
(A)(1)(a)
of
this section does not apply;
(c) If the sexually oriented offense was committed prior
to
July 1, 1997,
and neither division (A)(1)(a) nor division
(A)(1)(b) of this section applies,
an offender who,
immediately
prior to
July 1, 1997,
was a habitual sex
offender who was
required to register under Chapter 2950. of the
Revised Code. (2)
Each child who is adjudicated a delinquent
child
for
committing
a sexually oriented offense and who is
classified a
juvenile sex offender
registrant
based on that adjudication shall
register
personally with the sheriff of the county within seven
days of the
delinquent child's coming into a county in which the
delinquent
child resides or temporarily is domiciled for more than
seven
days.
If the delinquent child is committed for the
sexually
oriented offense to the department of youth services or to a
secure facility that is not operated by the department, this duty
begins when the delinquent child
is discharged or released in any
manner from
custody in a
department of youth services secure
facility or from the secure
facility that is not operated
by the
department, if pursuant
to the discharge or release the
delinquent
child is not committed
to any other secure facility of
the
department or any other secure
facility. The delinquent child
does
not have a duty to register under this
division while the child is
in a department of
youth services secure facility or in a secure
facility that is not
operated by the department. (3) If divisions (A)(1) and (2) of this section do not
apply, each following type of offender and each following type of
delinquent child shall register personally with the sheriff of the
county within seven days of the offender's or delinquent child's
coming into a county in which the offender or delinquent child
resides or temporarily is domiciled for more than seven days: (a)
Regardless of when the sexually oriented offense was
committed,
a person who is convicted of, pleads
guilty to, or is
adjudicated a delinquent child for committing a
sexually oriented
offense in another state or in a federal court,
military court, or
an Indian tribal court, if, on or after July 1,
1997,
for
offenders, or
January 1,
2002, for
delinquent
children, the
offender
or delinquent child
moves to and
resides in
this state or
temporarily is domiciled in
this state
for more than
seven days,
and if, at the time the
offender
or
delinquent child
moves to and
resides in this state or
temporarily
is domiciled in
this state
for more than seven days,
the offender
or delinquent
child has a
duty to register as a sex
offender under
the law of
that other
jurisdiction as a result of
the conviction, guilty
plea,
or
adjudication. (b) Regardless of when the sexually oriented offense was
committed,
a person who is convicted of, pleads
guilty to, or is
adjudicated a delinquent child for committing a
sexually oriented
offense in another state or in a federal court,
military court, or
an Indian tribal court, if, on or after July 1,
1997,
for
offenders, or
January 1,
2002, for
delinquent
children, the
offender
or delinquent child is
released
from
imprisonment,
confinement,
or detention imposed for
that
offense,
and if, on or
after July 1,
1997,
for
offenders, or
January 1, 2002, for
delinquent
children, the
offender
or
delinquent child moves to and
resides in
this state or
temporarily
is domiciled in this state
for more than
seven days.
The duty to
register as described in
this
division
applies
to an
offender
regardless of whether the
offender, at the
time of
moving
to and
residing in this state or
temporarily being
domiciled in
this
state for more than seven
days, has a duty to
register as a
sex
offender under the law of
the jurisdiction in
which the
conviction
or guilty plea occurred.
The duty to register
as
described in this
division applies to a
delinquent child only
if
the delinquent
child, at the time of
moving to and residing in
this state or
temporarily being
domiciled in this state for more
than seven
days, has a duty to
register as a sex offender under
the law of
the jurisdiction in
which the delinquent child
adjudication
occurred or if, had the
delinquent child adjudication
occurred in
this state, the
adjudicating juvenile court judge
would have been
required to
issue an order classifying the
delinquent child as a
juvenile sex
offender registrant pursuant to
section 2152.82 or
division (A) of
section 2152.83 of the Revised
Code. (4) If division (A)(1)(a) of this section applies and if,
subsequent to the offender's release, the offender is adjudicated
to be a sexual predator under division (C) of section 2950.09 of
the Revised Code, the offender shall register within seven days of
the adjudication with the sheriff of the county in which the
offender resides or temporarily is domiciled for more than seven
days and shall register with the sheriff of any county in which
the offender subsequently resides or temporarily is domiciled for
more than seven days within seven days of coming into that county.
(5) A person who is adjudicated a delinquent child for
committing a sexually oriented offense is not required to register
under division (A)(2) of this section unless the delinquent child
committed the offense on or after
January 1, 2002, is classified
a juvenile sex offender
registrant by a
juvenile court judge
pursuant to an order issued
under section
2152.82, 2152.83,
2152.84, or 2152.85 of the
Revised Code based
on
that
adjudication,
and has a duty to
register pursuant to
division
(A)(2)
of this section. (B) An offender
or delinquent child who is required by
division (A) of this section to register personally shall obtain
from the sheriff or from a designee of the sheriff a registration
form that conforms to division (C) of this section, shall complete
and sign the form, and shall return the completed form together
with the offender's
or delinquent child's photograph to the
sheriff or the designee. The sheriff or designee shall sign the
form and indicate on the form the date on which it is so returned.
The registration required under this division is complete when the
offender
or delinquent child returns the form, containing the
requisite information, photograph, signatures, and date, to the
sheriff or designee. (C) The registration form to be used under divisions (A) and
(B) of this section shall contain the current residence address of
the offender
or delinquent child who is registering, the name and
address of the offender's
or delinquent child's employer, if the
offender
or delinquent child is employed at the time of
registration or if the offender
or delinquent child knows at the
time of registration that the offender
or delinquent child will be
commencing employment with that employer subsequent to
registration, and any other information required by the bureau of
criminal identification and investigation and shall include the
offender's
or delinquent child's photograph. Additionally, if the
offender
or delinquent child has been adjudicated as being a
sexual predator relative to the sexually oriented offense in
question and the court has not subsequently determined pursuant to
division (D) of section 2950.09, section
2152.84, or section
2152.85 of
the Revised Code that the
offender
or delinquent child
no longer
is a sexual predator, or if
the
judge
determined
pursuant to division (C) of
section 2950.09 or pursuant to
section
2152.82,
2152.83, 2152.84, or 2152.85 of the
Revised Code that
the
offender
or
delinquent child is a habitual
sex offender and
the determination has not been removed pursuant
to section 2152.84
or 2152.85 of the Revised Code, the
offender
or
delinquent child
shall include on the signed, written
registration
form all of the
following information:
(1) A specific declaration that the person has been
adjudicated as being a sexual predator or has been determined to
be a habitual sex offender, whichever is applicable; (2) If the offender
or delinquent child has been adjudicated
as being a sexual predator, the identification license plate
number of each motor vehicle the offender
or delinquent child owns
and of each motor
vehicle registered in the offender's
or
delinquent child's name. (D) After an offender
or delinquent child registers with a
sheriff pursuant to this section, the sheriff shall forward the
signed, written registration form and photograph to the bureau of
criminal identification and investigation in accordance with the
forwarding procedures adopted pursuant to section 2950.13 of the
Revised Code. The bureau shall include the information and
materials forwarded to it under this division in the state
registry of sex offenders established and maintained under section
2950.13 of the Revised Code.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section shall fail to register as
required in accordance with those divisions or that division. (F) An offender
or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is adjudicated a sexual
predator or a habitual sexual offender subject to community
notification under division (C)(2) or (E) of section 2950.09 of
the Revised Code,
or if an offender who is required by division
(A) of this section to register has that duty as a result of a
conviction of or plea of guilty to an aggravated sexually oriented
offense committed on or after the effective date of this
amendment, the offender or delinquent child also shall send
the
sheriff of the county in which the offender or delinquent
child
intends to reside written notice of the offender's or
delinquent
child's intent to reside in the county. The offender or
delinquent
child shall send the notice of intent to reside at
least twenty
days prior to the date the offender or delinquent
child begins to
reside in the county. The notice of intent to
reside shall contain
the following information: (1) The offender's or delinquent child's name; (2) The address or addresses at which the offender or
delinquent child intends to reside; (3) The sexually oriented offense of which the offender was
convicted, to which the offender pleaded guilty, or for which the
child was adjudicated a delinquent child; (4) A statement that the offender or delinquent child has
been adjudicated as being a sexual predator and that, as of the
date of the notice, the court has not entered a determination that
the offender or delinquent child no longer is a sexual predator,
or a statement that the sentencing or reviewing judge has
determined that the offender or delinquent child is a habitual sex
offender and that, as of the date of the notice, the determination
has not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code, or a statement that the offender was convicted of or
pleaded guilty to an aggravated sexually oriented offense
committed on or after the effective date of this amendment.
Sec. 2950.06. (A) An offender
or delinquent child who is
required to
register pursuant to section 2950.04
of the Revised
Code shall periodically verify the offender's
or delinquent
child's current
residence address in accordance with this section.
The frequency of
verification shall be determined in accordance
with division
(B) of this section, and the manner of
verification
shall be determined in accordance with division
(C) of this
section. (B) The frequency with which an offender
or delinquent child
must
verify the
offender's
or delinquent child's current residence
address pursuant to
division
(A) of this section shall be
determined as follows: (1) Regardless of when the sexually oriented offense for
which the
offender
or delinquent child is required to
register was
committed, if the
offender
or delinquent child has been
adjudicated as being a sexual
predator relative to the sexually
oriented offense and
if the court has not
subsequently entered a
determination pursuant to division (D) of
section 2950.09, section
2152.84, or section 2152.85 of the
Revised Code that the
offender
or delinquent
child no
longer is a
sexual predator,
or if the
offender is required to register as a result of an aggravated
sexually oriented offense committed on or after the effective date
of this amendment, the
offender
or delinquent child shall
verify
the
offender's
or
delinquent
child's current
residence address in
accordance with
division (C)
of this section every ninety
days
after the
offender's
or
delinquent child's initial registration
date during
the period the
offender
or delinquent child is
required to
register. (2) In all circumstances not described in division
(B)(1) of
this section, the offender
or delinquent child shall verify
the
offender's
or delinquent child's
current residence address in
accordance with
division (C) of this section on each
anniversary
of the offender's
or delinquent child's initial
registration date
during the period the
offender
or delinquent child is required to
register. (C)(1) An offender
or delinquent child who is required to
verify the
offender's
or delinquent child's current residence
address pursuant to division
(A) of this section shall verify the
address with the sheriff with
whom the offender
or delinquent
child most recently registered by
personally appearing before the
sheriff or a designee of the sheriff,
no earlier than ten days
before the date on which the verification is required
pursuant to
division (B) of this section
and no later than the date so
required for verification, and completing and
signing a copy of
the verification form prescribed by the bureau of criminal
identification and investigation. The sheriff or
designee shall
sign the completed form and indicate on the form the date on
which
it is so completed.
The verification required under this division
is complete
when the offender
or delinquent child personally
appears before the
sheriff or designee and
completes and signs the
form
as described in this division. (2) To facilitate the verification of an offender's
or
delinquent
child's
current residence address under division (C)(1)
of this section, the
sheriff with whom the offender
or delinquent
child most recently
registered may mail
a nonforwardable
verification form prescribed by the bureau of
criminal
identification and investigation to the offender's
or delinquent
child's last
reported address
and to the last reported address of
the parents of the
delinquent child, with a notice that
conspicuously
states that the
offender
or delinquent child must
personally appear before the sheriff
or a designee
of the sheriff
to complete the form and the date by which the
form must be so
completed. Regardless of whether a sheriff
mails a form to an
offender
or delinquent child and that child's
parents, each
offender
or delinquent child who is required
to verify the
offender's
or delinquent child's current residence
address
pursuant to
division (A) of this section
shall personally appear
before the sheriff or a designee of the
sheriff to verify the
address in accordance with division
(C)(1) of this section. (D) The verification form to be used
under division (C) of
this section shall
contain the current residence address of the
offender
or delinquent
child, the name and address of
the
offender's
or delinquent child's employer if the offender
or
delinquent child is employed at the time of
verification or if the
offender
or delinquent child knows at the time
of verification
that the
offender
or delinquent child will be commencing
employment with that
employer subsequent to
verification, and any
other information required by the bureau of criminal
identification and investigation. (E) Upon an offender's
or delinquent child's personal
appearance and
completion of a
verification form under division
(C) of this section, a sheriff
promptly shall forward a copy of
the verification form to the
bureau of criminal identification and
investigation in accordance with the
forwarding procedures adopted
by the attorney general pursuant to section
2950.13 of the Revised
Code. The bureau shall include all information
forwarded to it
under this division in the state registry of sex offenders
established and maintained under section 2950.13 of the Revised
Code. (F) No person who is required to verify
a current residence
address pursuant to divisions (A) to (C)
of this section shall
fail to verify a current residence address in
accordance with
those divisions
by the date required for the verification as set
forth in
division (B) of this section,
provided that no person
shall be prosecuted
or subjected to a delinquent child proceeding
for a violation of
this division, and that no parent, guardian, or
custodian of a delinquent child shall be prosecuted for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of this division, prior to the
expiration of the period of time
specified in division (G) of this
section. (G)(1) If an offender
or delinquent child fails to verify a
current
residence
address as required by divisions (A) to (C) of
this section
by the date required for the verification as set
forth in
division (B) of this section,
the sheriff with whom the
offender
or delinquent child is required to
verify the
current
residence address, on the day following that date
required for the
verification, shall send a written warning to
the offender
or to
the
delinquent child and that child's parents, at the
offender's
or
delinquent child's and that child's parents' last known
residence
address,
regarding the offender's
or delinquent child's
duty to
verify the
offender's
or delinquent child's current
residence
address.
The written warning shall
do all of the following: (a) Identify the
sheriff who sends
it and the date on which
it is sent; (b) State conspicuously
that the offender
or delinquent
child has failed to
verify the
offender's
or delinquent child's
current residence address by the
date
required for
the
verification; (c) Conspicuously state that the offender
or
delinquent
child has seven days
from the date
on which the warning
is sent to
verify the current residence
address with the sheriff
who sent the
warning; (d) Conspicuously state that a failure to
timely verify the
current
residence address is a felony offense; (e) Conspicuously state
that, if the offender
or
delinquent
child verifies the current
residence address
with that
sheriff
within that seven-day-period, the offender
or delinquent
child
will not be prosecuted
or subjected to a delinquent child
proceeding for a failure to timely verify a
current
residence
address and
the delinquent child's parent, guardian, or custodian
will not be prosecuted based on a failure of the delinquent child
to timely verify an address; (f) Conspicuously state that, if the offender
or delinquent
child does
not verify the
current residence address with that
sheriff within that
seven-day-period, the offender
or delinquent
child will be arrested
or taken into custody, as appropriate, and
prosecuted
or subjected to a delinquent child proceeding
for a
failure to timely verify a current residence
address
and the
delinquent child's parent, guardian, or custodian may be
prosecuted for a violation of section 2919.24 of the Revised Code
based on the delinquent child's failure to timely verify a current
residence address.
(2) If an offender
or delinquent child fails to verify a
current
residence
address as required by divisions
(A) to (C) of
this section by the date
required for the verification as set
forth in division
(B) of this section, the
offender
or delinquent
child shall not be prosecuted
or subjected to a delinquent child
proceeding for a violation of
division
(F) of
this section, and
the delinquent child's parent, guardian, or custodian shall not be
prosecuted for a violation of section 2919.24 of the Revised Code
based on the delinquent child's failure to timely verify a current
residence address, unless the
seven-day-period subsequent to that
date
that the offender
or delinquent
child is
provided under
division
(G)(1)
of this section to verify the current residence
address has
expired and the offender
or delinquent child, prior to
the
expiration
of that
seven-day-period, has not verified the
current
residence
address. Upon the expiration of the
seven-day-period
that the
offender
or delinquent child is provided
under division
(G)(1) of this
section to
verify the current
residence address has
expired, if the
offender
or delinquent child
has not verified the
current residence
address, all of the
following apply: (a) The sheriff with whom the offender
or delinquent child
is required
to verify the current
residence address promptly shall
notify the bureau of criminal identification
and investigation of
the failure. (b) The sheriff with whom the offender
or delinquent child
is required
to verify the current
residence address, the sheriff
of the county in which the offender
or
delinquent child resides,
or
a deputy of the appropriate sheriff, shall locate the offender
or
delinquent child, promptly shall
seek a warrant for the arrest
or taking into custody, as
appropriate, of the offender
or
delinquent child for the
violation of division
(F) of this section
and shall arrest the offender
or take the child into
custody, as
appropriate. (c) The offender
or delinquent child is subject to
prosecution
or a delinquent child proceeding for the
violation of
division (F) of this section, and the delinquent child's parent,
guardian, or custodian may be subject to prosecution for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of that division. (H) A person who is required to verify the person's
current
residence address pursuant to divisions (A) to (C)
of this section
shall do so for the period of time specified in section
2950.07 of
the Revised Code.
Sec. 2950.07. (A) The duty of an offender who is convicted
of or
pleads guilty to, or has been convicted of or pleaded guilty
to, a sexually
oriented offense
and the duty of a delinquent child
who is adjudicated a
delinquent child for committing a sexually
oriented offense and is classified a juvenile sex offender
registrant or who is an out-of-state juvenile sex offender
registrant
to comply with sections 2950.04,
2950.05, and
2950.06
of the Revised Code commences on
whichever of the
following dates
is applicable: (1) If the offender's duty to register is imposed
pursuant
to division (A)(1)(a) of
section 2950.04 of the Revised Code, the
offender's duty to
comply with those sections commences on
the
date of the offender's release from
a prison term, a term of
imprisonment, or any other type of confinement
or on July 1,
1997,
whichever is
later. (2) If the offender's duty to register is imposed pursuant
to division
(A)(1)(b)
of section 2950.04 of the Revised Code,
the
offender's duty to
comply with those sections commences on the
date of entry of the judgment of
conviction of the sexually
oriented offense
or on July 1,
1997, whichever is
later. (3) If the offender's duty to register is imposed
pursuant
to division (A)(1)(c) of
section 2950.04 of the Revised Code,
the
offender's duty to
comply with those sections commences
fourteen
days after July
1, 1997. (4) If the offender's
or delinquent child's duty to register
is imposed pursuant
to division (A)(3)(a) or (b) of
section
2950.04
of the Revised
Code, the offender's duty to comply
with
those
sections commences
on
March
30, 1999, or on the
date that
the offender begins
to reside or becomes
temporarily
domiciled in
this state,
whichever is later, and the delinquent child's duty
commences on
the effective date of this amendment
January 1, 2002,
or on the date
the delinquent
child begins to reside or becomes
temporarily
domiciled in this
state, whichever is later. (5)
If the delinquent child's duty to register is imposed
pursuant to division (A)(2)
of
section 2950.04 of the Revised
Code, if the delinquent child's classification as a juvenile sex
offender registrant is made at the time of the child's disposition
for that sexually oriented offense, and if the delinquent child is
committed for the sexually oriented offense to the department of
youth services or to a secure facility that is not operated by the
department, the delinquent child's duty to
comply with those
sections
commences on the date of the
delinquent child's discharge
or
release from
custody in the department of youth
services secure
facility or from the secure facility not operated by the
department
as described in that division. (6) If the delinquent child's duty to register is imposed
pursuant to division (A)(2)
of
section 2950.04 of the Revised
Code
and if either the delinquent child's classification as a juvenile
sex offender registrant is made at the time of the child's
disposition for that sexually oriented offense and the delinquent
child is not committed for the sexually oriented offense to the
department of youth services or to a secure facility that is not
operated by the department or the child's classification as a
juvenile sex offender registrant is made pursuant to sections
2152.83 of the Revised Code, the delinquent child's duty to
comply
with those sections commences on the date of entry of the
court's
order that classifies the delinquent child a juvenile sex
offender
registrant. (B) The duty of an offender who is convicted of or pleads
guilty to, or has
been convicted of or
pleaded guilty to,
a
sexually oriented offense
and the duty of a delinquent child who
is adjudicated a delinquent child for committing a sexually
oriented offense and is classified a juvenile sex offender
registrant or who is an out-of-state juvenile sex offender
registrant to comply
with sections
2950.04, 2950.05,
and 2950.06
of the Revised Code continues, after
the
date of commencement, for
whichever of the following periods
is applicable: (1) Except as otherwise provided in this division, if the
offender
or
delinquent child has
been adjudicated
as being a
sexual
predator relative to the sexually oriented offense
or if
the offender has the duty to register as a result of an aggravated
sexually oriented offense committed on or after the effective date
of this amendment, the
offender's
or
delinquent child's duty to
comply with those
sections continues until
the offender's
or
delinquent child's
death.
If
Regarding an offender or delinquent
child who has been adjudicated a sexual predator relative to the
sexually oriented offense, if the judge who sentenced
the offender
or made the
disposition for the delinquent child or that
judge's
successor in
office subsequently enters a determination pursuant
to division
(D) of section 2950.09
or pursuant to section 2152.84
or 2152.85
of the Revised Code
that the offender
or
delinquent
child no
longer is a sexual predator,
the
offender's
or
delinquent
child's
duty to comply with those sections
continues
for the
period
of
time that otherwise would have been applicable
to the
offender
or
delinquent child under
division (B)(2) or (3)
of this
section
or, if the offender's duty to register results from a
conviction of or plea of guilty to an aggravated sexually oriented
offense, until the offender's death as specified under this
division. In no case shall the lifetime duty to register that is
imposed under this division on an offender for an aggravated
sexually oriented offense committed on or after the effective date
of this amendment be removed or terminated. (2) If the judge who sentenced the offender
or made the
disposition for the delinquent child for
committing
the sexually
oriented offense, or the successor in office of the juvenile court
judge who made the delinquent child disposition,
determined
pursuant
to division (E) of section 2950.09
or pursuant to
division (B) of section
2152.83, section 2152.84, or section
2152.85 of the
Revised Code that the
offender
or
delinquent child
is a habitual sex
offender,
the
offender's
or
delinquent child's
duty to comply with those
sections
continues
for twenty years.
If
a delinquent child is determined pursuant to
division (E) of
section 2950.09 or pursuant to division (B) of section 2152.83,
section
2152.84, or section 2152.85 of the Revised Code to be a
habitual sex offender and if
the judge who made the disposition
for the delinquent child or
that judge's successor in office
subsequently enters a
determination pursuant to section 2152.84 or
2152.85 of the
Revised Code that the delinquent child no longer is
a habitual sex
offender but remains a juvenile sex offender
registrant, the
delinquent child's duty to comply with those
sections continues
for the period of time that otherwise would
have been applicable
to the delinquent child under division (B)(3)
of this section. (3) If neither division (B)(1) nor (B)(2) of this section
applies, the
offender's
or delinquent child's duty to comply with
those sections
continues for ten years.
If a delinquent child is
classified pursuant to section 2152.82 or
2152.83 of the Revised
Code a juvenile sex offender
registrant
and if the judge who made
the disposition for the
delinquent child
or that judge's successor
in office subsequently
enters a
determination pursuant to section
2152.84 or 2152.85 of
the
Revised Code that the delinquent child
no longer is to be
classified a juvenile sex offender registrant,
the delinquent
child's duty to comply with those sections
terminates upon the
court's entry of the determination. (C)(1) If an offender has been convicted
of or pleaded
guilty
to
a sexually oriented offense
or a delinquent child has
been adjudicated a delinquent child for committing a sexually
oriented offense
and
is classified a juvenile sex offender
registrant or is an out-of-state juvenile sex offender registrant,
and if the
offender
subsequently is convicted of or
pleads guilty
to
another
sexually
oriented
offense
or the
delinquent child
subsequently is
adjudicated a delinquent child
for committing
another sexually
oriented offense and is classified
a juvenile sex
offender
registrant relative to that offense or
subsequently is
convicted
of or pleads guilty to another sexually
oriented
offense, the
period of time for which the offender
or
delinquent
child
must
comply with the
sections specified in
division (A) of
this section
shall be
separately calculated
pursuant to divisions
(A)(1), (2),
(3), (4), (5), (6), and (7)
to (6) and (B)(1) to (3)
of
this
section for
each
of the
sexually
oriented offenses, and
the
separately
calculated
periods
of time shall be
complied with
independently.
If a delinquent child has been adjudicated a delinquent child
for committing a
sexually oriented offense, is classified a
juvenile sex offender
registrant or is an out-of-state juvenile
sex offender registrant relative to the offense, and,
after
attaining eighteen
years of age, subsequently is convicted
of or
pleads guilty to
another sexually oriented offense, the
subsequent
conviction or
guilty plea does not limit, affect, or
supersede the
duties
imposed upon the delinquent child under this
chapter
relative to
the delinquent child's classification as a
juvenile
sex offender
registrant or as an out-of-state juvenile sex
offender registrant, and the delinquent child shall
comply with
both those
duties and the duties imposed under this
chapter
relative to the
subsequent conviction or guilty plea. (2) If a delinquent child has been adjudicated a delinquent
child for committing on or after
the effective date of this
amendment
January 1, 2002, a sexually oriented offense and is
classified
a juvenile
sex offender registrant relative to the
offense, if the
order
containing the classification also contains
a determination
by the
juvenile judge that the delinquent child is
a sexual
predator or a
habitual sex offender, and if the juvenile
judge or
the judge's
successor in office subsequently determines
pursuant
to section
2152.84 or 2152.85 of the Revised Code that
the
delinquent child
no longer is a sexual predator or habitual
sex
offender, the
judge's subsequent determination does not affect
the
date of
commencement of the delinquent child's duty to comply
with
sections 2950.04, 2950.05, and 2950.06 of the Revised Code as
determined under division (A) of this section. (D) The duty of an offender
or delinquent child to register
under this
chapter is
tolled for any period during which the
offender
or delinquent child is
returned to confinement
in a
secure facility for
any
reason or imprisoned for an offense when
the confinement
in a secure facility or
imprisonment
occurs
subsequent to the date
determined pursuant to
division
(A) of this
section. The
offender's
or delinquent
child's duty to
register
under this
chapter resumes upon the
offender's
or delinquent
child's release
from
confinement
in a secure facility or
imprisonment. (E) An offender
or delinquent child who has been convicted
of or
pleaded guilty to,
or has been or is adjudicated a
delinquent child
for committing, a
sexually oriented offense in
another state or in a federal court, military
court, or an Indian
tribal court may apply to the sheriff of the
county in which the
offender
or delinquent child resides or temporarily
is domiciled
for credit
against the duty to register for the time that the
offender
or delinquent
child has complied with
the sex
offender
registration requirements of another jurisdiction. The sheriff
shall
grant the offender
or delinquent child credit against the
duty to
register for time for which the
offender
or delinquent
child provides adequate proof that the offender
or delinquent
child
has complied with the sex
offender registration requirements
of another jurisdiction. If the offender
or delinquent child
disagrees with the determination of the sheriff,
the offender
or
delinquent child may appeal the
determination to the court of
common pleas of the county in which the offender
or delinquent
child resides or is temporarily domiciled.
Sec. 2950.09. (A) If a person is convicted of or pleads
guilty to committing, on or after January 1, 1997, a sexually
oriented offense that is a sexually violent offense and also is
convicted of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the
indictment, or information charging the sexually violent offense,
the conviction of or plea of guilty to the specification
automatically classifies the offender as a sexual predator for
purposes of this chapter. If a person is convicted of, pleads
guilty to, or is
adjudicated a delinquent child for committing, a
sexually oriented
offense in another state, or in a federal court,
military court,
or an Indian tribal court and if, as a result of
that conviction,
plea of guilty,
or adjudication, the person is
required, under the
law of the jurisdiction in which the person
was convicted, pleaded
guilty,
or was adjudicated, to register
as
a sex offender until
the person's death and is required to
verify
the person's address
on at least a quarterly basis each
year, that
conviction, plea of
guilty, or adjudication
automatically
classifies the
person as a
sexual predator
for the purposes of
this chapter, but the
person
may
challenge that classification
pursuant to division (F) of this
section. In all other cases, a
person who is convicted of or
pleads guilty to,
has been
convicted of or pleaded guilty to,
or
is adjudicated a delinquent
child for committing,
a sexually
oriented offense may be
classified as a sexual predator
for
purposes of this chapter only
in accordance with division (B)
or
(C) of this section
or,
regarding delinquent children, divisions
(B) and (C) of section
2152.83 of the Revised Code. (B)(1)(a)
The judge who is to impose sentence on a person who
is
convicted of or pleads guilty to a sexually oriented offense
shall
conduct a hearing to
determine whether the
offender
is a
sexual
predator if
either
any of the
following
circumstances
apply: (i) Regardless of when the sexually oriented offense was
committed,
the offender is to be sentenced on or after
January
1,
1997, for a sexually oriented offense that is not a
sexually
violent offense. (ii) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after January 1,
1997, for a sexually oriented offense that is a sexually violent
offense and a sexually violent predator specification was not
included in the indictment, count in the indictment, or
information charging the sexually violent offense.
(iii) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after May 7,
2002, for a sexually oriented offense, and that offender was
acquitted of a sexually violent predator specification that was
included in the indictment, count in the indictment, or
information charging the sexually oriented offense. (b) The
judge who is to impose or has
imposed an order of
disposition upon a child who is adjudicated a
delinquent child for
committing on or after January 1, 2002, a
sexually oriented
offense shall conduct a hearing as provided in
this division to
determine whether the child is to be classified
as a sexual
predator if either of the following applies: (i) The judge is required by
section 2152.82 or division
(A) of
section 2152.83 of the Revised Code
to classify the
child a
juvenile sex offender registrant. (ii) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile sex offender registrant. (d) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after the
effective date of this amendment for a sexually oriented offense,
and that offender was acquitted of a sexually violent predator
specification that was included in the indictment, count in the
indictment, or information charging the sexually oriented offense.
(2)
Regarding an offender, the judge shall conduct the
hearing
required by division (B)(1)(a) of this section
prior to
sentencing
and, if the
sexually oriented offense
is a felony
and
if the
hearing is being
conducted under division
(B)(1)(a), or (c)
of this
section, the
judge may conduct it as part
of the
sentencing
hearing required by
section 2929.19 of the
Revised
Code.
Regarding
a delinquent child, the judge may conduct the
hearing required by
division (B)(1)(b) of this section at the same
time as, or
separate from, the dispositional hearing, as specified
in the
applicable provision of section 2152.82 or 2152.83 of the
Revised
Code. The
court shall give the
offender
or delinquent
child and
the
prosecutor who prosecuted the
offender
or handled
the case
against
the delinquent child for the
sexually oriented
offense
notice of
the date, time, and location
of the hearing. At
the
hearing, the
offender
or delinquent child
and the prosecutor
shall
have an
opportunity to testify, present
evidence, call and
examine
witnesses and expert witnesses, and
cross-examine
witnesses and
expert witnesses regarding the
determination as to
whether the
offender
or delinquent child is a
sexual predator.
The
offender
or
delinquent child shall have the
right to be
represented by counsel
and, if indigent, the right to
have counsel
appointed to represent
the offender
or delinquent
child. (3) In making a determination under divisions (B)(1) and
(4)
of this section as to whether an offender
or delinquent
child is a
sexual predator, the judge shall consider all relevant
factors,
including, but not limited to, all of the following: (a) The offender's
or delinquent child's age; (b) The offender's
or delinquent child's prior criminal
or
delinquency record regarding all offenses, including, but not
limited to, all sexual offenses; (c) The age of the victim of the sexually oriented offense
for which sentence is to be imposed
or the order of disposition is
to be made; (d) Whether the sexually oriented offense for which sentence
is to be imposed
or the order of disposition is to be made
involved multiple victims; (e) Whether the offender
or delinquent child used drugs or
alcohol to impair the victim of the sexually oriented offense or
to prevent the victim from resisting; (f) If the offender
or delinquent child previously has been
convicted of or pleaded guilty to, or been
adjudicated a
delinquent child for committing an act that if committed by an
adult would be, a criminal offense, whether the offender
or
delinquent child completed any sentence
or dispositional order
imposed for the prior offense
or act and, if the prior offense
or
act was a sex offense or a sexually oriented offense, whether the
offender
or delinquent child participated in available programs
for sexual offenders; (g) Any mental illness or mental disability of the offender
or delinquent child; (h) The nature of the offender's
or delinquent child's
sexual conduct, sexual contact, or interaction in a sexual context
with the victim of the sexually oriented offense and whether the
sexual conduct, sexual contact, or interaction in a sexual context
was part of a demonstrated pattern of abuse; (i) Whether the offender
or delinquent child, during the
commission of the sexually oriented offense for which sentence is
to be imposed
or the order of disposition is to be made, displayed
cruelty or made one or more threats of cruelty; (j) Any additional behavioral characteristics that
contribute to the offender's
or delinquent child's conduct. (4) After reviewing all testimony and evidence presented
at
the hearing conducted under division (B)(1) of this section and
the factors specified in division (B)(3) of this section, the
court shall determine by clear and convincing evidence
whether the
subject offender
or delinquent child is a sexual
predator. If
the
court determines that the
subject offender
or delinquent child
is
not a sexual predator, the
court
shall specify in the
offender's
sentence and the judgment of
conviction that contains
the sentence
or in the delinquent child's
dispositional order, as
appropriate,
that the
court has
determined that the offender
or delinquent
child is not a sexual
predator. If the
court
determines by clear
and convincing
evidence that the
subject offender
or
delinquent
child is a sexual
predator, the
court shall
specify in the
offender's sentence
and the judgment of conviction
that contains
the sentence
or in
the delinquent child's dispositional
order, as
appropriate, that
the
court has determined that
the offender
or
delinquent
child is a sexual predator and shall
specify that the
determination was pursuant to division (B) of
this section.
In any
case in which the sexually oriented offense in question is an
aggravated sexually oriented offense committed on or after the
effective date of this amendment, the court shall specify in the
offender's sentence and the judgment of conviction that contains
the sentence that the offender's offense is an aggravated sexually
oriented offense. The
offender
or delinquent child and the
prosecutor
who prosecuted the
offender
or handled the case against
the delinquent child for the
sexually
oriented offense in question
may appeal as a matter of
right the
court's determination under
this division as to
whether
the offender
or delinquent child is,
or is not, a sexual
predator. (5) A hearing shall not be conducted under division (B)
of
this section regarding an offender if the
sexually oriented
offense in question is a sexually violent
offense, if the
indictment, count in the indictment, or
information charging the
offense also included a
sexually violent predator specification,
and if the offender is convicted of or pleads guilty to that
sexually violent predator specification. (C)(1) If a person was convicted of or pleaded guilty to a
sexually oriented offense prior to January 1, 1997, if the person
was not sentenced for the offense on or after January 1, 1997, and
if, on or after January 1, 1997, the offender is serving a term of
imprisonment in a state correctional institution, the department
of rehabilitation and correction shall determine whether to
recommend that the offender be adjudicated as being a sexual
predator. In making a determination under this division as to
whether to recommend that the offender be adjudicated as being a
sexual predator, the department shall consider all relevant
factors, including, but not limited to, all of the factors
specified in division (B)(2) of this section. If the department
determines that it will recommend that the offender be adjudicated
as being a sexual predator, it immediately shall send the
recommendation to the court that sentenced the offender and shall
enter its determination and recommendation in the offender's
institutional record, and the court shall proceed in accordance
with division (C)(2) of this section. (2)(a) If, pursuant to division (C)(1) of this section, the
department of rehabilitation and correction sends to a court a
recommendation that an offender who has been convicted of or
pleaded guilty to a sexually oriented offense be adjudicated as
being a sexual predator, the court is not bound by the
department's recommendation, and the court may conduct a hearing
to determine whether the offender is a sexual predator. The court
may deny the recommendation and determine that the offender is not
a sexual predator without a hearing but shall not make a
determination that the offender is a sexual predator in any case
without a hearing. The court may hold the hearing and make the
determination prior to the offender's release from imprisonment or
at any time within one year following the offender's release from
that imprisonment. If the court determines without a hearing that
the offender is not a sexual predator, it shall include its
determination in the offender's institutional record and shall
determine whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense other than the
offense in relation to which the court determined that the
offender is not a sexual predator. The court may make the determination as to whether the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense without a hearing, but, if the court
determines that the offender previously has been convicted of or
pleaded guilty to such an offense, it shall not impose a
requirement that the offender be subject to the community
notification provisions regarding the offender's place of
residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code without a hearing. The court may conduct a
hearing to determine both whether the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense and
whether to impose a requirement that the offender be subject to
the community notification provisions as described in this
division, or may conduct a hearing solely to make the latter
determination. The court shall include in the offender's
institutional record any determination made under this division as
to whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense, and, as such,
whether the offender is a habitual sex offender. (b) If the court schedules a hearing under division
(C)(2)(a) of this section, the court shall give the offender and
the prosecutor who prosecuted the offender for the sexually
oriented offense, or that prosecutor's successor in office, notice
of the date, time, and place of the hearing. If the hearing is to
determine whether the offender is a sexual predator, it shall be
conducted in the manner described in division (B)(1) of this
section regarding hearings conducted under that division and, in
making a determination under this division as to whether the
offender is a sexual predator, the court shall consider all
relevant factors, including, but not limited to, all of the
factors specified in division (B)(2) of this section. After
reviewing all testimony and evidence presented at the sexual
predator hearing and the factors specified in division (B)(2) of
this section, the court shall determine by clear and convincing
evidence whether the offender is a sexual predator. If the court
determines that the offender is not a sexual predator, it also
shall determine whether the offender previously has been convicted
of or pleaded guilty to a sexually oriented offense other than the
offense in relation to which the hearing is being conducted. Upon making its determinations at the hearing, the court
shall proceed as follows: (i) If the hearing is to determine whether the offender is a
sexual predator, and if the court determines that the offender is
not a sexual predator and that the offender previously has not
been convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted, it shall include its determinations in the offender's
institutional record. (ii) If the hearing is to determine whether the offender is
a sexual predator, and if the court determines that the offender
is not a sexual predator but that the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted, it shall include its determination that the offender is
not a sexual predator but is a habitual sex offender in the
offender's institutional record, shall attach the determinations
to the offender's sentence, shall specify that the determinations
were pursuant to division (C) of this section, shall provide a
copy of the determinations to the offender, to the prosecuting
attorney, and to the department of rehabilitation and correction,
and may impose a requirement that the offender be subject to the
community notification provisions regarding the offender's place
of residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code. The offender shall not be subject to those
community notification provisions relative to the sexually
oriented offense in question if the court does not so impose the
requirement described in this division. If the court imposes
those community notification provisions, the offender may appeal
the judge's determination that the offender is a habitual sex
offender. (iii) If the hearing is to determine whether the offender
previously has been convicted of or pleaded guilty to a sexually
oriented offense other than the offense in relation to which the
hearing is being conducted and whether to impose a requirement
that the offender be subject to the specified community
notification provisions, and if the court determines that the
offender previously has been convicted of or pleaded guilty to
such an offense, the court shall proceed as described in division
(C)(2)(b)(ii) of this section and may impose a community
notification requirement as described in that division. The
offender shall not be subject to the specified community
notification provisions relative to the sexually oriented offense
in question if the court does not so impose the requirement
described in that division. If the court imposes those community
notification provisions, the offender may appeal the judge's
determination that the offender is a habitual sex offender. (iv) If the court determined without a hearing that the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense other than the offense in relation to
which the court determined that the offender is not a sexual
predator, and, as such, is a habitual sex offender, and the
hearing is solely to determine whether to impose a requirement
that the offender be subject to the specified community
notification provisions, after the hearing, the court may impose a
community notification requirement as described in division
(C)(2)(b)(ii) of this section. The offender shall not be subject
to the specified community notification provisions relative to the
sexually oriented offense in question if the court does not so
impose the requirement described in that division. If the court
imposes those community notification provisions, the offender may
appeal the judge's determination that the offender is a habitual
sex offender. (v) If the hearing is to determine whether the offender is a
sexual predator, and if the court determines by clear and
convincing evidence that the offender is a sexual predator, it
shall enter its determination in the offender's institutional
record, shall attach the determination to the offender's sentence,
shall specify that the determination was pursuant to division (C)
of this section, and shall provide a copy of the determination to
the offender, to the prosecuting attorney, and to the department
of rehabilitation and correction. The offender and the prosecutor
may appeal as a matter of right the judge's determination under
this division as to whether the offender is, or is not, a sexual
predator. (D)(1)
Division (D) of this section applies to
persons
who
have been convicted of or pleaded guilty to a sexually
oriented
offense
and also applies as provided in Chapter 2152. of
the
Revised Code. A person who has been adjudicated
a delinquent
child for committing a sexually oriented offense and
who has been
classified by a juvenile court judge a juvenile sex
offender
registrant or, if applicable, additionally has been
determined by
a juvenile court judge to be a sexual predator or
habitual sex
offender, may petition the adjudicating court for a
reclassification or declassification pursuant to section 2152.85
of the Revised Code. Upon the expiration of the applicable period of time
specified in division (D)(1)(a) or (b) of this section, an
offender who has been convicted of or pleaded guilty to
a sexually
oriented offense and who
has been adjudicated as being
a
sexual
predator relative to the sexually oriented offense in the
manner
described in division (B) or (C) of this section
may
petition the
judge who made the determination that the offender was a sexual
predator, or
that judge's successor
in office, to enter a
determination that
the offender no longer is a sexual predator.
Upon the filing
of
the petition, the judge may review the prior
sexual predator
determination
that comprises the sexual
predator
adjudication, and, upon consideration of all relevant
evidence and
information, including, but not limited to, the
factors set forth
in division (B)(3) of this section, either
shall
enter a
determination that the offender no longer is a
sexual
predator or
shall enter an order denying the petition. The
judge
shall not
enter a determination under this division
that the
offender no
longer is a sexual
predator unless the
judge
determines by clear
and convincing
evidence that the
offender is
unlikely to
commit a
sexually oriented offense in the
future. If
the judge
enters a
determination under this division
that the
offender no longer is a
sexual predator, the judge shall
notify
the bureau of criminal
identification and investigation and
the
parole board of the
determination. Upon receipt of the
notification, the bureau
promptly shall notify the sheriff with
whom the offender most
recently registered under section 2950.04
or
2950.05 of the
Revised Code of the determination that the
offender no longer is
a sexual predator.
If the judge enters a determination under this
division that the offender no longer is a sexual predator and if
the offender has a duty to register under section 2950.04 of the
Revised Code resulting from the offender's conviction of or plea
of guilty to committing on or after the effective date of this
amendment an aggravated sexually oriented offense, the entry of
the determination under this division does not affect any duties
imposed upon the offender under this chapter as a result of that
conviction of or plea of guilty to the aggravated sexually
oriented offense. If the judge
enters an
order denying the
petition, the prior adjudication of
the offender
as a sexual
predator shall remain
in effect. An offender
determined to be a
sexual predator in the manner described in
division (B) or (C) of
this section may file a petition under this
division after the
expiration of the following periods of time: (a) Regardless of when the sexually oriented offense was
committed, if, on or after January 1, 1997, the offender is
imprisoned or sentenced to a prison term or other confinement for
the sexually oriented offense in relation to which the
determination was made, the offender initially may file the
petition not earlier than one year prior to the offender's release
from the imprisonment, prison term, or other confinement by
discharge, parole, judicial release, or any other final release.
If the offender is sentenced on or after January 1, 1997, for the
sexually oriented offense in relation to which the determination
is made and is not imprisoned or sentenced to a prison term or
other confinement for the sexually oriented offense, the offender
initially may file the petition upon the expiration of one year
after the entry of the offender's judgment of conviction. (b) After the offender's initial
filing of a petition under
division (D)(1)(a) of this section,
thereafter, an offender may
file a petition
under this division upon the expiration of five
years after the
court has entered an order denying
the petition
under division (D)(1)(a) of this section or the most recent
petition the
offender has filed under this division. (2) Except as otherwise provided in this division, division
(D)(1) of this section does
not apply to a person who is
classified as a sexual predator
pursuant to division (A) of this
section. If a person who is so
classified was sentenced to a
prison term pursuant to division
(A)(3) of section 2971.03 of the
Revised Code and if the
sentencing court terminates the offender's
prison term as provided
in division (D) of section 2971.05 of the
Revised Code, the
court's termination of the prison term
automatically shall
constitute a determination by the court that
the offender no
longer is a sexual predator.
However, if there is
a determination under this division that the offender no longer is
a sexual predator and if the offender has a duty to register under
section 2950.04 of the Revised Code resulting from the offender's
conviction of or plea of guilty to committing on or after the
effective date of this amendment an aggravated sexually oriented
offense, the determination under this division does not affect any
duties imposed upon the offender under this chapter as a result of
that conviction of or plea of guilty to the aggravated sexually
oriented offense. If the court so
terminates the
offender's
prison term, the court shall notify the
bureau of
criminal
identification and investigation and the parole
board of
the
determination that the offender no longer is a sexual
predator.
Upon receipt of the notification, the bureau promptly
shall notify
the sheriff with whom the offender most recently
registered under
section 2950.04 or 2950.05 of the Revised Code
that the offender
no longer is a sexual predator. If an offender
who is classified
as a sexual predator pursuant to division (A) of
this section is
released from prison pursuant to a pardon or
commutation, the
classification of the offender as a sexual
predator shall remain
in effect after the offender's release, and
the offender may file
one or more petitions in accordance with the
procedures and time
limitations contained in division (D)(1) of
this section for a
determination that the offender no longer is a
sexual predator. (E)(1) If a person is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense, the judge who is to impose
sentence on the offender shall
determine, prior to sentencing, whether the offender
previously
has been convicted of or pleaded guilty to, or adjudicated a
delinquent child for committing, a sexually oriented
offense
and
is a habitual sex
offender. The judge who is to impose or has
imposed an order of
disposition upon a child who is adjudicated a
delinquent child for
committing on or after January 1, 2002, a
sexually oriented
offense shall
determine, prior to entering the
order classifying
the delinquent
child a juvenile sex offender
registrant,
whether
the delinquent
child previously has been
convicted of or pleaded
guilty to, or adjudicated a
delinquent
child for
committing, a
sexually oriented offense
and is a
habitual sex offender,
if either of the following applies: (a) The judge is required by section 2152.82 or division
(A)
of section 2152.83 of the Revised Code to classify the child a
juvenile sex offender registrant; (b) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile sex offender registrant. (2) If, under division (E)(1) of this section,
the judge
determines that the
offender
or delinquent child previously has
not been
convicted of or pleaded guilty to, or been
adjudicated a
delinquent child for
committing, a sexually oriented
offense
or
that the offender otherwise does not satisfy the
criteria for
being a habitual sex offender, the
judge shall
specify in
the
offender's
sentence
or in the
order classifying the
delinquent
child a juvenile sex offender registrant that the
judge
has
determined that the offender
or delinquent child is not
a
habitual
sex offender. If the judge determines that the
offender
or
delinquent child
previously has been convicted of or
pleaded
guilty to, or been
adjudicated a delinquent child for
committing,
a sexually oriented
offense
and that the offender
satisfies all
other criteria for being a habitual sex offender,
the judge shall
specify
in the offender's sentence and
the
judgment of conviction
that
contains the sentence
or in the
order
classifying the
delinquent child a juvenile sex offender
registrant that the judge
has
determined that the offender
or
delinquent child is a habitual
sex
offender and may impose a
requirement in that sentence and
judgment of conviction
or in that
order that the
offender
or
delinquent child be
subject to the
community
notification
provisions regarding the
offender's
or
delinquent
child's place of
residence that are
contained in
sections 2950.10
and 2950.11 of
the Revised Code.
Unless the
habitual sex offender
also has been
adjudicated as
being a sexual
predator relative to
the sexually
oriented offense
in question
or the habitual sex offender was
convicted of or pleaded guilty to an aggravated sexually oriented
offense that was committed on or after the effective date of this
amendment,
the offender
or
delinquent child
shall
be subject
to
those
community
notification provisions
only
if the court
imposes
the
requirement described in this division
in
the
offender's
sentence
and the judgment of conviction
or in
the
order
classifying the
delinquent child a juvenile sex offender
registrant. (F)(1) An offender
or delinquent child classified as a
sexual predator may petition the court of common pleas
or, for a
delinquent child, the juvenile court of the
county in which the
offender
or delinquent child resides or
temporarily is domiciled
to enter a determination that the
offender
or delinquent child is
not an adjudicated sexual predator
in this state for purposes of
the sex offender registration
requirements of this chapter or the
community notification
provisions contained in sections 2950.10
and 2950.11 of the
Revised Code if all of the following apply: (a) The offender
or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing, a sexually oriented offense in another state or in a
federal court, a military court, or an Indian tribal court. (b) As a result of the conviction, plea of guilty, or
adjudication described in division (F)(1)(a) of this section, the
offender
or delinquent child is required under the law of the
jurisdiction under which the offender
or delinquent child was
convicted, pleaded guilty, or was adjudicated to register as a
sex
offender until the offender's
or delinquent child's death and
is
required to verify the offender's
or delinquent child's address
on
at least a quarterly basis each year. (c) The offender
or delinquent child was automatically
classified as a sexual predator under division (A) of this section
in relation to the conviction, guilty plea, or adjudication
described in division (F)(1)(a) of this section. (2) The court may enter a determination that the offender
or
delinquent child filing the petition described in division (F)(1)
of this section is not an adjudicated sexual predator in this
state for purposes of the sex offender registration requirements
of this chapter or the community notification provisions contained
in sections 2950.10 and 2950.11 of the Revised Code only if the
offender
or delinquent child proves by clear and convincing
evidence that the requirement of the other jurisdiction that the
offender
or delinquent child register as a sex offender until the
offender's
or delinquent child's death and the requirement that
the offender
or delinquent child verify the offender's
or
delinquent child's address on at least a quarterly basis each year
is not substantially similar to a classification as a sexual
predator for purposes of this chapter.
Sec. 2950.10. (A)(1) If a person is
convicted of or pleads
guilty to, or has been convicted of or pleaded
guilty to, a
sexually oriented
offense
or a person is adjudicated a delinquent
child for committing a sexually oriented offense
and is classified
a juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, if the
offender
or
delinquent child
has been
adjudicated
as being a
sexual predator
relative to the sexually
oriented
offense and the
court has not
subsequently determined pursuant to
division (D) of
section
2950.09, section 2152.84, or section 2152.85 of the
Revised Code
that the
offender
or
delinquent child no
longer is a
sexual
predator or the
offender
or delinquent child has
been
determined
pursuant to
division (C)(2) or (E) of section 2950.09,
division (B) of section
2152.83, section 2152.84, or section
2152.85 of
the
Revised Code to
be a
habitual
sex offender, the
court has
imposed a requirement
under that
division
or section
subjecting
the habitual sex offender to this
section, and the
determination
has not been removed pursuant to
section 2152.84 or
2152.85 of
the Revised Code
is in any category specified in
division (B)(1)(a), (b), or (c) of this section, if the
offender
or
delinquent child
registers
with a
sheriff pursuant to section
2950.04 or 2950.05 of
the
Revised
Code, and if the victim of the
sexually oriented
offense
has made
a request in accordance with
rules adopted by the
attorney
general
that specifies that the
victim would like to be
provided the
notices
described in this
section, the sheriff shall
notify the
victim of the sexually
oriented offense, in writing,
that the
offender
or delinquent
child has
registered and shall
include in
the notice the
offender's
or delinquent child's name
and
residence
address or
addresses.
The sheriff shall provide the
notice
required by this
division to the victim
at the most recent
residence address
available for that victim, not later than
seventy-two hours after
the offender
or delinquent child registers
with
the sheriff. (2) If a person is convicted of or pleads guilty to,
or has
been convicted
of or pleaded guilty to, a sexually oriented
offense
or a person is adjudicated a delinquent child for
committing a
sexually oriented offense and is
classified a
juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, if
the
offender
or delinquent
child
has been adjudicated as being a
sexual
predator relative to
the sexually oriented offense or
sexually violent offense and the
court has
not subsequently
determined pursuant to division (D) of
section
2950.09, section
2152.84, or section 2152.85 of the
Revised Code that the offender
or delinquent child no
longer is a
sexual predator
or the offender
or delinquent child has been
determined pursuant to
division (E)
of section
2950.09, division (B) of section
2152.83, section
2152.84, or section 2152.85 of the Revised Code
to be a
habitual
sex offender,
the court has imposed a requirement
under
that
division
or section
subjecting the habitual sex offender to this
section, and the determination has not been removed pursuant to
section 2152.84 or 2152.85 of the Revised Code
is in any category
specified in division (B)(1)(a), (b), or (c) of this section, if
the
offender
or
delinquent child registers with a
sheriff pursuant
to
section
2950.04 or 2950.05 of the Revised
Code, if the victim
of the
sexually
oriented offense has made a
request in accordance
with
rules
adopted by the attorney general
that
specifies that the
victim
would like to be provided the
notices described in
this
section,
and if the offender
or
delinquent child notifies the
sheriff of a
change of residence
address pursuant to
section
2950.05 of the
Revised Code, the
sheriff shall
notify the victim
of the sexually
oriented offense,
in writing, that the
offender's
or delinquent
child's residence
address has changed and
shall
include in the
notice the
offender's
or delinquent child's name
and new residence
address or
addresses.
The
sheriff shall provide
the notice
required by this division to
the victim at
the most
recent
residence address available for that
victim, no later
than
seventy-two hours after the offender
or
delinquent child notifies
the sheriff of the change
in the
offender's
or delinquent child's
residence address. (3) If
a person is convicted of or pleads guilty
to, or
has
been
convicted of or pleaded guilty to, a sexually
oriented
offense
or a person is adjudicated a delinquent child for
committing a
sexually oriented offense and is
classified a
juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, and if the
offender
or
delinquent child is adjudicated as
being a sexual
predator
relative to the sexually
oriented offense
or the offender
or
delinquent child is determined
pursuant
to
division (E) of
section
2950.09, division (B) of section 2152.83, section
2152.84, or section 2152.85 of the Revised
Code
to be a
habitual
sex offender and is made subject to this section,
the
victim of
the offense may make a request in accordance with
rules
adopted by
the attorney general pursuant
to section 2950.13
of the
Revised
Code that specifies that the
victim would like to
be
provided the
notices described in
divisions (A)(1) and (2) of
this
section. If
the victim makes a request in
accordance with
those
rules, the
sheriff described in divisions
(A)(1) and (2) of
this
section
shall provide the victim with the notices
described
in
those
divisions. (4) If a victim makes a request as described in division
(A)(3) of this
section that specifies that the victim would like
to be provided the notices
described in divisions (A)(1)
and (2)
of this section, all information a sheriff obtains
regarding the
victim from or as a result of the request is
confidential, and the
information is not a public record open
for inspection under
section 149.43 of the Revised Code. (5) The notices described in divisions
(A)(1) and (2) of
this section are in addition
to any notices regarding the offender
or delinquent child that the
victim is entitled to receive
under
Chapter 2930. of the Revised Code. (B)(1) The duties to provide the notices described in
divisions (A)(1) and (2) of this section apply regarding any
offender or delinquent child who is in any of the following
categories, if the other criteria set forth in division (A)(1) or
(2) of this section, whichever is applicable, are satisfied: (a) The offender or delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code, and the court has not
subsequently determined pursuant to division (D) of section
2950.09, section 2152.84, or section 2152.85 of the Revised Code
that the offender or delinquent child no longer is a sexual
predator. (b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender to this section, and the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code. (c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense committed on or after the
effective date of this amendment, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender and,
if the offender has been so adjudicated or determined, regardless
of whether the court has subsequently determined that the offender
no longer is a sexual predator or whether the habitual sex
offender determination has not been removed as described in
division (A)(1)(a) or (b) of this section. (2) A victim of a sexually oriented offense is not entitled
to
be provided any notice described in division (A)(1) or (2) of
this section
unless the offender
or delinquent child is
adjudicated as being a
sexual predator
relative to the sexually
oriented offense and the court has not
subsequently determined
pursuant to division
(D) of section 2950.09, section 2152.84,
or
section 2152.85 of the Revised Code
that the offender
or
delinquent
child no
longer is a sexual
predator or the offender
or
delinquent child has
been determined
pursuant to division (E) of
section 2950.09, division (B) of section 2152.83, section
2152.84, or section 2152.85 of the
Revised Code to
be a habitual
sex
offender, the court has
imposed a requirement
under that
division
or section subjecting
the habitual sex offender to this
section, and the determination
has not been removed pursuant to
section 2152.84 or 2152.85 of
the
Revised Code
in a category
specified in division (B)(1)(a), (b), or (c) of this section.
A
victim of a
sexually oriented offense is not
entitled
to any
notice described
in division (A)(1) or (2) of this
section
unless
the victim makes
a request in accordance with rules
adopted
by the
attorney general
pursuant to section 2950.13 of the
Revised
Code
that specifies
that the victim would like to be
provided the
notices
described in
divisions (A)(1) and (2) of this
section.
This division does not
affect any rights of a victim of a
sexually
oriented offense to be
provided
notice regarding an
offender
or
delinquent child that are
described in
Chapter
2930. of the
Revised Code.
Sec. 2950.11. (A) As used in this section, "specified
geographical notification area" means the geographic area or areas
within
which the attorney general, by rule adopted under section
2950.13 of the Revised Code, requires the notice described in
division (B) of
this section to be given to the persons identified
in divisions
(A)(2) to (8) of this section. If a person is
convicted of or pleads guilty to, or has been convicted of or
pleaded
guilty
to, a sexually
oriented offense
or a person is
adjudicated a delinquent child for committing a sexually oriented
offense and is classified a juvenile sex
offender registrant or is
an out-of-state juvenile sex offender registrant based on that
adjudication, and if the offender
or
delinquent child
has been
adjudicated as being a sexual predator
relative to the sexually
oriented offense and the court has not
subsequently determined
pursuant to
division (D) of section
2950.09, section 2152.84, or
section 2152.85 of the Revised Code that the offender
or
delinquent child
no
longer is a sexual predator or the offender
or
delinquent child
has
been determined pursuant to
division (C)(2)
or (E) of section
2950.09, division (B) of section 2152.83,
section 2152.84, or section 2152.85
of
the
Revised Code to be a
habitual sex offender, the
court
has
imposed a requirement
under
that
division
or section
subjecting
the
habitual sex
offender to
this section,
and the
determination
has not been
removed pursuant
to section 2152.84
or
2152.85 of the
Revised
Code
is in any
category specified in division (F)(1)(a), (b), or (c) of this
section, the
sheriff
with whom the
offender
or delinquent
child
has
most recently
registered under
section
2950.04 or
2950.05 of
the
Revised Code
and the sheriff to whom the offender or
delinquent child most
recently sent a notice of intent to reside
under section 2950.04
of the Revised Code,
within the period
of
time
specified
in
division (C)
of this
section, shall provide a
written
notice
containing the
information
set forth in division
(B) of
this
section
to all of
the following
persons: (1) All occupants of residences
within one
thousand feet of
the offender's
or delinquent
child's place of
residence that are
located within
the county served by the sheriff
and all
additional
neighbors of
the offender
or delinquent child
who are within
any
category
that
the attorney general by rule
adopted under section
2950.13 of the
Revised
Code requires to be
provided the notice and
who reside
within the county
served by the
sheriff; (2) The executive director of the public children services
agency that has
jurisdiction within the specified geographical
notification area and that is located within the county served by
the sheriff; (3)(a) The superintendent of each board of education of a
school
district
that has schools within the specified geographical
notification area and that
is located within the county served by
the sheriff; (b) The principal of the school within the specified
geographical notification area and within the county served by the
sheriff
that the delinquent
child attends; (c) If the delinquent child attends a school outside of the
specified geographical notification area or outside of the school
district
where the delinquent
child resides, the superintendent of
the board of education of a school
district that governs
the
school that the delinquent child attends and the principal of
the
school that the delinquent child attends. (4)(a) The appointing or hiring officer of each chartered
nonpublic
school
located within the specified geographical
notification area and within the
county served by the sheriff or
of each other school
located within the specified geographical
notification area and within the
county served by the sheriff and
that is not
operated by a board of education
described in division
(A)(3) of this section; (b) Regardless of the location of the school, the appointing
or
hiring officer of a chartered nonpublic school that the
delinquent child
attends. (5) The director, head teacher, elementary principal, or
site administrator
of each preschool program governed by Chapter
3301. of
the Revised Code that is located within the specified
geographical notification area and within the county served by the
sheriff; (6) The administrator of each child day-care center or type
A family day-care home that is located
within the specified
geographical notification area and within the county
served by the
sheriff, and the provider of each
certified type B family day-care
home that is located
within the specified geographical
notification area and within the county
served by the sheriff. As
used in this division, "child day-care center,"
"type A family
day-care home," and "certified type B family day-care home"
have
the same meanings as in section 5104.01 of the Revised Code. (7) The president or other chief administrative officer of
each
institution of higher education, as defined in
section
2907.03 of the Revised Code, that is located within
the specified
geographical notification area and within the county served by
the
sheriff, and the chief
law enforcement officer of the state
university law enforcement
agency or campus police department
established under section
3345.04 or 1713.50 of the Revised Code,
if any, that serves
that institution; (8) The sheriff of each county that includes any portion of
the specified
geographical notification area; (9) If the offender
or delinquent child resides within the
county
served by the sheriff, the
chief of police, marshal, or
other chief law enforcement officer of the
municipal corporation
in which the offender
or delinquent child resides
or, if the
offender
or delinquent child
resides in an unincorporated area,
the constable or chief of the
police department or police district
police force of the
township in which the offender
or delinquent
child resides. (B) The notice required under division (A) of this
section
shall include all
of the following information regarding the
subject offender
or delinquent
child: (1) The offender's
or delinquent child's name; (2) The address or addresses at which the offender
or
delinquent child
resides; (3) The sexually oriented offense of which the offender was
convicted,
to which the offender pleaded guilty,
or for which
the
child was
adjudicated a delinquent child; (4) A statement that the offender
or delinquent child has
been
adjudicated as being a sexual
predator and that, as of the
date of the notice, the court has not entered a
determination that
the offender
or delinquent child no longer
is a sexual predator,
or a
statement that the sentencing or reviewing judge has
determined that
the offender
or delinquent child is a
habitual sex
offender
and that, as of the date of the notice, the determination
has not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code. (C) If a sheriff with whom an offender
or delinquent child
registers
under section
2950.04 or 2950.05 of the Revised Code
or
to whom the offender or delinquent child most recently sent a
notice of intent to reside under section 2950.04 of the Revised
Code is
required by
division
(A) of this section to provide
notices
regarding an offender
or delinquent
child and if, pursuant
to that
requirement, the sheriff provides a notice to
a sheriff of
one
or
more other counties in accordance with division (A)(8) of
this
section, the
sheriff of each of the other counties who is
provided
notice
under division (A)(8) of this section shall
provide the
notices described in
divisions
(A)(1) to (7) and
(A)(9) of this
section to each
person or entity identified within
those divisions
that is
located within the geographical
notification area and
within the
county served by the sheriff in
question. (D)(1) A sheriff required by division (A) or (C)
of this
section to provide notices regarding an offender
or delinquent
child shall provide the
notice to the neighbors that
are
described
in division (A)(1) of this
section and the notices to
law
enforcement personnel that are described in
divisions (A)(8)
and
(9) of this section no later than
seventy-two hours after the
offender sends the notice of intent to reside to the sheriff and
again no later than seventy-two
hours after the
offender
or
delinquent child registers with the sheriff or, if the
sheriff is
required by division
(C) to provide the notices, no
later than
seventy-two hours after the sheriff
is provided the
notice
described in division (A)(8) of this section. A sheriff required by division (A) or (C) of this
section to
provide notices regarding an offender
or delinquent child
shall
provide the notices to
all other specified persons that are
described in divisions (A)(2) to (7) of
this section not later
than seven days after the offender
or delinquent
child registers
with the
sheriff, if the sheriff is required by division
(C) to
provide the notices, no
later than seventy-two hours after the
sheriff is provided the
notice described in division (A)(8) of
this section. (2) If an offender
or delinquent child in relation to
whom
division (A) of this
section applies verifies the offender's
or
delinquent child's current
residence
address with a sheriff
pursuant to section 2950.06 of the
Revised Code, the sheriff may
provide a
written notice containing the information set forth in
division
(B) of this section to the
persons identified in
divisions
(A)(1) to (9) of this section.
If a sheriff provides a
notice pursuant to this division to the
sheriff of one or more
other counties in accordance with
division (A)(8) of this
section,
the sheriff of each of the other counties who is
provided the
notice under division
(A)(8) of this section may
provide, but is
not required to provide, a written notice
containing the
information set forth in division
(B) of this section to the
persons identified in divisions
(A)(1) to (7) and (A)(9) of this
section. (E) All information that a sheriff possesses regarding a
sexual predator or a
habitual sex offender that is described in
division
(B) of this section and that must be provided
in a notice
required under division (A) or (C)
of this section or that may be
provided in a notice authorized under
division (D)(2) of this
section is a public record that is open
to inspection under
section 149.43 of the Revised Code. If the sexual predator or habitual sex offender is a juvenile
sex offender registrant, the sheriff shall not cause any of the
information described in this division to be publicly disseminated
by means of the internet, except when the act that is the basis of
a child's classification as a juvenile sex offender registrant is
a violation of, or an attempt to commit a violation of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that was
committed with a purpose to gratify the sexual needs or desires of
the child, a violation of section 2907.02 of the Revised Code, or
an attempt to commit a violation of that section. (F)(1) The duties to provide the notices described in
divisions (A) and (C) of this section apply regarding any offender
or delinquent child who is in any of the following categories, if
the other criteria set forth in division (A) or (C) of this
section, whichever is applicable, are satisfied: (a) The offender or delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code, and the court has not
subsequently determined pursuant to division (D) of section
2950.09, section 2152.84, or section 2152.85 of the Revised Code
that the offender or delinquent child no longer is a sexual
predator. (b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender to this section, and the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code. (c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense committed on or after the
effective date of this amendment, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender and,
if the offender has been so adjudicated or determined, regardless
of whether the court has subsequently determined that the offender
no longer is a sexual predator or whether the habitual sex
offender determination has not been removed as described in
division (F)(1)(a) or (b) of this section. (2) The notification provisions of this section do not apply
regarding a
person who is convicted of or pleads guilty to,
has
been convicted of or
pleaded guilty to,
or is adjudicated a
delinquent child for committing, a sexually oriented
offense, who
has
is not
been adjudicated
as being a sexual predator
relative to
that sexually oriented offense
in the category specified in either
division (F)(1)(a) or (c) of this section, and who
is determined
pursuant to
division (C)(2) or
(E) of section 2950.09, division
(B) of section
2152.83,
section 2152.84, or section 2152.85 of the
Revised Code
to be a habitual sex
offender
unless the sentencing
or reviewing
court imposes a requirement
in
the offender's
sentence and in the
judgment of conviction that
contains the
sentence
or in the
delinquent child's adjudication,
or
imposes a
requirement as
described in
division (C)(2) of
section 2950.09 of
the Revised
Code, that subjects the
offender
or
the delinquent
child to the
provisions of this section. (G) The department of job and family services shall compile,
maintain,
and
update in
January and July of each year, a list of
all agencies, centers, or homes of a type described in division
(A)(2) or (6) of this section
that contains the name of each
agency, center, or home of that type, the
county in which it is
located, its address and telephone number,
and the name of an
administrative officer or employee of the
agency, center, or home.
The department of education shall
compile, maintain, and update in
January and July of each year, a list of
all boards of education,
schools, or programs of a type
described in division (A)(3),
(4),
or (5) of this section that contains the name of each
board of
education, school, or program of that type, the county in which it
is located, its address and telephone number, the name of the
superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board
of
education, the county or counties in which each of its
schools is
located and the address of each such school. The
Ohio board of
regents shall compile, maintain, and update in
January and July of
each year, a list of
all institutions of a type described in
division
(A)(7) of this section that
contains the name of each
such institution, the county in which
it is located, its address
and telephone number, and the name of
its president or other chief
administrative officer. A sheriff
required by division (A) or (C)
of this section, or authorized by
division (D)(2) of this section,
to provide
notices regarding an offender
or delinquent child, or a
designee of a
sheriff of that type,
may request the department of
job and family services, department of
education, or Ohio board of
regents, by telephone, in person, or by mail, to provide the
sheriff or designee with the names, addresses, and telephone
numbers of the appropriate persons and entities to whom the
notices described in divisions
(A)(2) to (7) of this section
are
to be provided. Upon receipt of a request, the
department or
board shall provide the requesting sheriff or
designee with the
names, addresses, and telephone numbers of the
appropriate persons
and entities to whom those notices are to be
provided.
Sec. 2950.13. (A) The attorney general shall do all of the
following: (1) No later than July 1, 1997, establish and maintain a
state registry of sex offenders that is housed at the bureau of
criminal
identification and investigation and that contains all of
the registration,
change of residence address, and verification
information the bureau receives
pursuant to sections 2950.04,
2950.05, and 2950.06 of the
Revised Code
regarding a person who is
convicted of or pleads guilty to, or has been
convicted of or
pleaded guilty to, a sexually oriented
offense
or a person who is
adjudicated a delinquent child for committing a sexually oriented
offense and is classified a juvenile sex
offender registrant or is
an out-of-state juvenile sex offender registrant based on that
adjudication, and all of the information
the bureau receives
pursuant to section
2950.14 of the Revised
Code; (2) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules that
contain
guidelines necessary for the implementation of this
chapter; (3) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules for
the
implementation and administration of the provisions contained
in section
2950.11 of the Revised Code that pertain to the
notification of
neighbors of
an offender or a delinquent
child
who has committed a sexually
oriented offense and has
been
adjudicated as being a
sexual predator or
determined to
be a
habitual sex offender
or who has committed on or after the
effective date of this amendment an aggravated sexually oriented
offense, and
rules that prescribe
a manner in
which
victims of a
sexually
oriented offense committed
by
an offender
or a
delinquent child who has been
adjudicated as
being a sexual
predator or determined to be a
habitual sex
offender
or who has
committed on or after the effective date of this amendment an
aggravated sexually oriented offense may make a
request that
specifies that the
victim would
like to be provided
the notices
described in
divisions (A)(1) and
(2) of section
2950.10 of the
Revised Code; (4) In consultation with local law enforcement
representatives and through
the bureau of criminal
identification
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03 of the Revised Code
to
advise offenders
and delinquent children of their duties of
registration, notification of
a change
of residence address and
registration of the new
residence address, and
residence address
verification under
sections 2950.04, 2950.05, and 2950.06 of
the
Revised Code, and
prescribe the forms to be used by
sheriffs
relative to those
duties of registration,
change of residence
address notification,
and residence address
verification; (5) Make copies of the forms prescribed under division
(A)(4) of this section
available to judges, officials, and
sheriffs; (6) Through the bureau of criminal identification and
investigation, provide
the notifications, the information,
and the
documents that the bureau is required to provide to appropriate
law
enforcement officials and to the federal bureau of
investigation pursuant to
sections 2950.04, 2950.05, and 2950.06
of the Revised Code; (7) Through the bureau of criminal
identification and
investigation, maintain the verification forms returned
under the
residence address verification mechanism set forth in section
2950.06 of the Revised Code; (8) In consultation with representatives of the officials,
judges, and
sheriffs, adopt procedures for officials,
judges, and
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of
criminal identification and
investigation
pursuant to the requirements of sections 2950.03,
2950.04, 2950.05, and
2950.06 of the Revised Code; (9) In consultation with the director of education, the
director of
job and family
services, and the director of
rehabilitation and correction and no later than
July 1, 1997,
adopt rules that contain
guidelines to be followed by boards of
education of a school district,
chartered nonpublic schools or
other schools not operated by a board of
education, preschool
programs, child day-care centers, type
A family day-care homes,
certified type
B family day-care homes, and institutions of
higher
education regarding the proper use and administration of
information
received pursuant to section 2950.11 of the Revised
Code
relative to
an offender or delinquent child who has
been
adjudicated as being a
sexual predator or
determined to be a
habitual sex offender; (10) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules
that
designate a geographic area or areas within which the
notice
described in division (B) of section 2950.11 of the
Revised Code
must be given to the persons identified in
divisions (A)(2) to (8)
of that section. (B) The attorney general, in consultation with local law
enforcement representatives, may adopt rules that establish one or
more
categories of
neighbors of an offender
or delinquent child
who, in addition to
the occupants of
residences adjacent to an
offender's
or delinquent child's place of
residence, must be
given
the notice described in division (B) of
section 2950.11 of the
Revised
Code. (C) As used in this section, "local law enforcement
representatives" means representatives of the sheriffs of this
state,
representatives of the municipal chiefs of police and
marshals of this state,
and representatives of the township
constables and chiefs of police of the
township police departments
or police district police forces of this state.
Sec. 2967.13. (A) Except as provided in division (G) of
this section, a prisoner serving a sentence of
imprisonment for
life for an offense committed on or after
July 1, 1996, is not
entitled to any earned credit under section 2967.193 of
the
Revised Code
and becomes eligible for parole as follows: (1) If a sentence of imprisonment for life was imposed for
the
offense of murder, at the expiration of the prisoner's minimum
term; (2) If a sentence of imprisonment for life
with parole
eligibility after serving twenty years of
imprisonment was imposed
pursuant to section 2929.022 or 2929.03 of
the Revised Code, after
serving a term of twenty years; (3) If a sentence of imprisonment for life
with parole
eligibility after serving twenty-five full years of
imprisonment
was imposed pursuant to section 2929.022 or 2929.03 of
the Revised
Code, after serving a term of twenty-five
full years; (4) If a sentence of imprisonment for life
with parole
eligibility after serving thirty full years of
imprisonment was
imposed pursuant to section 2929.022 or 2929.03 of
the Revised
Code, after serving a term of thirty full
years; (5) If a sentence of imprisonment for life was imposed for
rape, after
serving a term of ten full years' imprisonment; (6) If a sentence of imprisonment for life with parole
eligibility after
serving fifteen years of imprisonment was
imposed for a violation of section
2927.24 of the Revised Code,
after serving a term of fifteen years. (B) Except as provided in division (G) of this section, a
prisoner serving a sentence of imprisonment for life
with parole
eligibility after serving twenty years of
imprisonment or a
sentence of imprisonment for life with parole eligibility
after
serving twenty-five full years or thirty full years of
imprisonment
imposed pursuant to section 2929.022 or 2929.03 of
the Revised Code for an offense committed on or after July
1,
1996, consecutively to any other term of imprisonment,
becomes
eligible for parole after serving twenty years, twenty full
years,
or thirty full years, as applicable, as to each
such sentence of
life imprisonment, which shall not be reduced for
earned credits
under section 2967.193 of the Revised Code, plus
the term or terms
of the other sentences consecutively imposed or, if one of
the
other sentences is another type of life sentence with parole
eligibility, the number of years before parole eligibility for
that sentence. (C) Except as provided in division (G) of this section, a
prisoner serving consecutively two or more sentences
in which an
indefinite term of imprisonment is imposed becomes eligible for
parole upon the expiration of the aggregate of the minimum terms
of the
sentences. (D) Except as provided in division (G) of this section, a
prisoner serving a term of imprisonment who is
described in
division (A) of section 2967.021 of the Revised Code becomes
eligible for parole as described in that division or, if the
prisoner is
serving a definite term of
imprisonment, shall be
released as described in that division. (E) A prisoner serving a sentence of life imprisonment
without parole imposed
pursuant to
section 2907.02 or section
2929.03 or 2929.06 of the Revised Code is not eligible for
parole
and shall be imprisoned until death. (F) A prisoner serving a stated prison term shall be
released in
accordance with section 2967.28 of the Revised Code. (G) A prisoner serving a prison term or term of life
imprisonment without parole imposed pursuant to section 2971.03 of
the Revised
Code never becomes eligible for parole during that
term of imprisonment.
Section 2. That existing sections 2907.02, 2929.13, 2929.14, 2929.19, 2950.01, 2950.03, 2950.04, 2950.06, 2950.07, 2950.09, 2950.10, 2950.11, 2950.13, and 2967.13 of the
Revised Code
are hereby repealed.
Section 3. Section 2929.13 of
the Revised Code is presented
in this act
as a composite of the
section as amended by Am. H.B.
528, Am. Sub.
S.B. 22,
Am. Sub.
S.B. 107, Am. S.B. 142, and Am.
Sub. S.B. 222 of the 123rd General
Assembly. Sections 2950.01,
2950.04, and
2950.09 of the Revised Code are
presented in
this act
as
composites of the sections as amended by
both Sub. H.B. 393
and
Am. Sub. S.B. 175 of
the 124th General
Assembly. The General
Assembly, applying the
principle stated in
division (B) of section
1.52 of the Revised
Code that amendments
are to be harmonized if
reasonably capable of
simultaneous
operation, finds that the
composites are the resulting
versions of
the sections in effect
prior to the effective date of
the section
as presented in this
act.
Section 4. Section 2929.19 of the Revised Code is amended by this act and also by Am. Sub. H.B. 327 of the 124th General Assembly, effective July 8, 2002. The amendments of Am. Sub. H.B. 327 are included in this act to confirm the intention to retain them but are not intended to be effective until July 8, 2002.
Section 5. Sections 2950.01, 2950.04, and 2950.09 of the Revised Code are amended by this act and also by Sub. H.B. 393 of the 124th General Assembly, effective July 5, 2002. The amendments of Sub. H.B. 393 are included in this act to confirm the intention to retain them but are not intended to be effective until July 5, 2002.
Section 6. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
this act's elimination of the need to prove force or a threat of
force in cases involving the rape of a child under the age of ten
is needed at the earliest possible date to prevent sex offenders
from preying on the children of Ohio. Therefore, this act shall
go into immediate effect.
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