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Am. Sub. S. B. No. 175As Reported by the Committee of ConferenceAs Reported by the Committee of Conference
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Jacobson, Oelslager, Randy Gardner, Harris, Mumper
REPRESENTATIVES Willamowski, Faber, Young, Hughes, Latta, Callender, Womer Benjamin, Flowers, Allen, Otterman, Perry, D. Miller, Flannery, White, Driehaus, Setzer, Sferra, Schaffer, Webster, Salerno, Collier, Coates, Barrett, Schmidt, Roman, Reidelbach, Clancy, Niehaus, Buehrer, Seitz, Schneider, Calvert, Metzger, Aslanides, G. Smith, Widowfield, DeBose
A BILL
To amend sections 2907.07, 2950.01, 2950.04, 2950.05, 2950.09, 2950.11, and 2950.12 of
the Revised
Code regarding
sexual predator hearings
for
offenders convicted of
a sexually oriented
offense
but acquitted of a
sexually violent
predator
specification, regarding
Department of
Rehabilitation and Correction employees' immunity
for acts under the Sex Offender Registration and
Notification
Law, regarding making certain
importuning violations a sexually oriented offense, regarding
expansion of the sex offender community notification provisions to
give more neighbors notice and earlier notice, regarding sexual
predators and certain habitual sex offenders providing a notice to
sheriffs of an intent to reside at a premises, regarding an
increase in the amount of prior notice sex offenders must provide
relative to changing residence, regarding the relevant age of the
victim and offender for the offense of importuning,
and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2907.07, 2950.01, 2950.04, 2950.05, 2950.09, 2950.11, and 2950.12 of the
Revised
Code be
amended to read as follows:
Sec. 2907.07. (A) No person shall solicit a person
who is
less than thirteen years of age to engage in sexual activity
with
the
offender, whether or not the offender knows the age of such
person. (B) No person shall solicit a person of the same sex to
engage in sexual activity with the offender, when the offender
knows such solicitation is offensive to the other person, or is
reckless in that regard. (C) No person shall solicit another, not the spouse of the
offender, to engage in sexual conduct with the offender, when the
offender is eighteen years of age or older and four or more years
older than the other person, and the other person is
over twelve
thirteen years of age or older
but less than
sixteen
years of
age, whether or
not the offender
knows the age of the
other
person. (D) No person shall solicit another by means of a
telecommunications
device, as defined in section 2913.01 of the
Revised Code,
to
engage in sexual activity with the offender when
the offender is eighteen
years of age or older and either of the
following applies: (1) The other person is less than thirteen years of age, and
the
offender knows that the other person is less than thirteen
years of age or
is reckless in that regard.
(2) The other person is a law enforcement officer posing as
a
person who is less than thirteen years of age, and the offender
believes that
the
other person is less than thirteen years of age
or is reckless in that
regard. (E) No person shall solicit another by means of a
telecommunications device, as defined in section 2913.01 of the
Revised Code, to engage in sexual
activity with the offender when
the offender is eighteen years of age or older
and either of the
following applies: (1) The other person is
over twelve
thirteen years of age or
older but less than
sixteen
years of
age,
and the
offender knows
that the other person is
over
twelve
thirteen years
of age or
older but
less than
sixteen years of age or is
reckless in that
regard, and the offender is four or more years
older than the
other person. (2) The other person is a law enforcement officer posing as
a
person who is
over
twelve
thirteen years of age or older but
less than
sixteen years of age,
and the
offender believes
that the
other person is
over twelve
thirteen years of age or
older but
less than
sixteen years of age or is reckless
in that regard, and
the offender is four or more years older than
the age the law
enforcement officer assumes in posing as the
person who is
thirteen years of age or older but less than
sixteen years of age.
(F) Divisions (D) and (E) of this section apply
to any
solicitation that is
contained in a transmission via a
telecommunications device that either
originates in this state or
is received in this state. (g)(G) Whoever violates this section is guilty of
importuning. Violation of division
(A) or (B) of this section is
a misdemeanor of the first degree.
A violation of division (A)
or (D) of this section is a
felony of the fourth degree on a first
offense and a felony of the third
degree on each
subsquent
subsequent offense. A violation of division (C) or
(E) of this
section is a felony of the fifth degree on a first offense and a
felony of the
fourth degree
on each subsequent offense.
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
the effective date of
this amendment
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) The person previously has been convicted of or pleaded
guilty to one or more sexually oriented offenses
or, regarding a
delinquent child, previously has
been adjudicated a delinquent
child for committing one or more
sexually oriented offenses. (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) Subject to division (D)(2) of this section, any of the
following
violations or offenses: (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,
2905.04, 2905.05, or 2907.04 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 that was
substantially equivalent to any offense listed in division
(D)(1)(a),
(b), (c), or
(d) of this section;
(f) A violation of an existing or former municipal
ordinance
or law of another state or the United States, a
violation under
the law applicable in a military court, or a
violation under the
law applicable 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;
(g) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(b), (c), (d), (e), or
(f) of this section. (2) An act committed by a person under eighteen years of age
that is
any of the following: (a) Except for the violations specifically described in
divisions (D)(2)(b) and (c) of this section and subject to
division (D)(2)(d) of this section, any violation listed in
division (D)(1) of this section that, if committed by an adult,
would be a felony of the first, second, third, or fourth degree;
(b) Subject to division
(A)(D)(2)(d) 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;
(c) Subject to division
(A)(D)(2)(d) 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 offense; (d) 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),
(f), or (g) 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"
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 division (B) of section 2152.83, section 2152.84,
or section 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
the effective date of
this amendment
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
the
effective date of
this amendment
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 as 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
the
effective date of
this amendment
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.
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, who is
classified a
juvenile sex offender
registrant
based on that adjudication, and
who
is described in
division
(A)(2) of this section 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
the effective date of this amendment
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
the effective date of this amendment
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
the
effective
date of this amendment
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
the effective date of this
amendment
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, 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, 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, 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.
Sec. 2950.05. (A) If an offender
or delinquent child is
required to
register
pursuant to section 2950.04 of the Revised
Code, the offender
or delinquent
child,
at least
seven
twenty days
prior
to
changing the offender's
or delinquent child's residence
address
during
the period during which the
offender
or delinquent
child is
required to register, shall provide
written
notice of the
residence address change to the sheriff
with whom the offender
or
delinquent child most recently registered
under section 2950.04 of
the
Revised Code or under division (B) of this section. (B) If an offender
or delinquent child is required to
provide notice of a residence address change under division
(A) of
this section, the offender
or delinquent child, at least
seven
twenty
days prior to
changing the residence address, also shall
register
the new residence address in the manner described in
divisions (B)
and (C) of section 2950.04 of the
Revised Code with
the sheriff of
the county in
which the offender's
or delinquent
child's new
residence address is
located, subject to division (C)
of this
section. (C) Divisions (A) and (B) of this section apply
to a person
who is required to register pursuant to
section 2950.04 of the
Revised Code regardless of whether the new residence
address is in
this state or in another state. If the new residence address is
in another state, the person shall register with the appropriate
law
enforcement officials in that state in the manner required
under the law of
that state and within the earlier of the period
of time required under the law
of that state or at least seven
days prior to changing the residence address. (D)(1) Upon receiving from an offender
or delinquent child
pursuant to
division
(A) of this section notice of a change of the
offender's
or delinquent child's residence address, a sheriff
promptly
shall
forward the new residence address to the bureau of
criminal
identification and investigation in accordance with the
forwarding procedures
adopted pursuant to section 2950.13 of the
Revised Code
if the new residence address is in another state or,
if the offender's
or
delinquent child's new
residence address is
located in another county in this state, to the sheriff
of that
county. 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 and shall forward
notice of the offender's
or delinquent
child's new residence address to
the appropriate officials in the
other state. (2) When an offender
or delinquent child registers a new
residence
address pursuant to
division (B) of this section, the
sheriff with whom the offender
or delinquent child registers and
the bureau of criminal
identification and investigation shall
comply with division
(D) of section 2950.04 of the Revised Code. (E)(1) No person who is required to notify a sheriff of a
change
of address pursuant to division (A) of this section shall
fail to
notify the appropriate sheriff in accordance with that
division. (2) No person who is required to register a new residence
address with a
sheriff or with an official of another state
pursuant to divisions (B) and (C) of this section shall fail to
register
with the appropriate sheriff or official of the other
state in accordance with those divisions. (F) An offender
or delinquent child who is required to
comply with
divisions (A), (B), and (C) of this section shall
do
so for the period of time specified in section 2950.07 of the
Revised Code.
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)
The judge who is to impose sentence on a person who is
convicted of or pleads guilty to a sexually oriented offense or
the judge
who is to impose or has imposed, pursuant to section
2152.82 or division (A) of section 2152.83 of the Revised Code, an
order of disposition upon a child who is
adjudicated a delinquent
child for committing on or after
the
effective date of this
amendment
January 1, 2002, a sexually oriented offense shall
conduct a hearing to
determine whether the
offender
is a sexual
predator if any of the
following
circumstances apply: (a) 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. (b) 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. (c) The delinquent child was classified a
juvenile sex
offender registrant pursuant to section 2152.82 or division (A) of
section 2152.83 of the Revised Code. A judge shall not conduct a
hearing under division (B) of this section regarding a delinquent
child unless the delinquent child is in the category of delinquent
children described in this division. (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) The judge shall conduct the hearing
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, (b), 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. 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. 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
and, 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. The procedures set forth in division (D) of
this section
regarding a determination of whether a person no
longer is a
sexual predator also apply, to the extent specified in
section
2152.84 or 2152.85 of the Revised Code, to persons who
have been
adjudicated a delinquent child for committing a sexually
oriented
offense and have been determined by a juvenile court
judge to be a
sexual predator. 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
sexually violent
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 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. 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) 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 a sexually oriented
offense.
If a person is classified a juvenile sex offender
registrant, pursuant to section 2152.82 or division (A) of section
2152.83 of the Revised Code, the adjudicating
judge shall
determine, prior to entering the order classifying the delinquent
child a juvenile sex offender registrant,
whether the delinquent
child previously has been adjudicated a
delinquent child for
committing a sexually oriented offense. If the adjudicating judge
has classified the delinquent child under division (A) of section
2152.83 of the Revised Code based on that adjudication a juvenile
sex offender registrant, the judge shall determine, prior to
entering the classification order, whether the delinquent child
previously has been adjudicated a delinquent child for committing
a sexually oriented offense. If
the judge determines that the
offender previously has not been
convicted of or pleaded guilty to
a sexually
oriented offense
or
that the delinquent child
previously has not been adjudicated a
delinquent child for
committing a sexually oriented offense, 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
previously has been convicted of or
pleaded guilty to a sexually
oriented offense
or that the delinquent child previously has been
adjudicated a delinquent child for committing a sexually oriented
offense, 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,
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. 2950.11. (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, 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
adjacent to
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
is
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) 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 not been adjudicated
as being a sexual predator
relative to
that sexually oriented offense, 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. 2950.12. (A) Except as provided in division (B) of
this section, any of
the following persons shall be immune from
liability in a civil action to
recover damages for injury, death,
or loss to person or property allegedly
caused by an act or
omission in connection with a power, duty, responsibility,
or
authorization under this chapter or under rules adopted under
authority of
this chapter: (1) An officer or employee of the bureau of criminal
identification and
investigation; (2) The attorney general, a chief of police, marshal, or
other chief law
enforcement officer of a municipal corporation, a
sheriff, a constable or
chief of police of a township police
department or police district police
force, and a deputy,
officer,
or employee of the office of the attorney general, the law
enforcement agency served by the marshal or the municipal or
township chief,
the office of the sheriff, or the constable; (3) A prosecutor and an officer or employee of the office of
a
prosecutor; (4) A supervising officer and an officer or employee of the
adult
parole authority of the department of rehabilitation and
correction; (5)
A supervising officer and an officer or employee of the
department of
youth services; (6) A supervisor and a caseworker or employee of a public
children services agency acting pursuant to section 5153.16 of the
Revised Code; (7)
A managing officer of a state correctional institution
and an officer or employee of the department of rehabilitation and
correction;
(8) A person identified in division (A)(2), (3), (4), (5),
(6), or
(7) of
section 2950.11 of the Revised Code or the agent of
that person. (B) The immunity described in division (A) of this section
does not apply to
a person described in divisions (A)(1) to
(7)
(8) of
this
section if, in relation to the act or omission in
question,
any of the
following applies: (1) The act or omission was manifestly outside the scope of
the person's
employment or official responsibilities. (2) The act or omission was with malicious purpose, in bad
faith, or in
a wanton or reckless manner. (3) Liability for the act or omission is expressly imposed
by a section
of the Revised Code.
Section 2. That existing sections 2907.07, 2950.01, 2950.04, 2950.05, 2950.09, 2950.11, and
2950.12 of
the
Revised Code are hereby repealed.
Section 3. 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,
because sexual predators are subjected to more stringent
registration requirements and to community notification
requirements that provide for increased public safety, it is
crucial for courts to have the mechanism enacted in this act for
determining whether a person who is convicted of a sexually
oriented offense but acquitted of a sexually violent predator
specification included in the charges for that offense is a sexual
predator. Therefore, this act shall go into immediate effect.
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