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S. B. No. 321 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 109.572 and 2151.86 and to enact
section 2151.862 of the Revised Code to require a
criminal records check conducted by the bureau of
criminal identification and investigation to be
completed for each employee of a residential camp
and to require a social security number criminal
records check to be completed for each volunteer
of a residential camp.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.572 and 2151.86 be amended and
section 2151.862 of the Revised Code be enacted to read as
follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant
to division (C)(1) of this section, and a set
of fingerprint
impressions obtained in the manner described in
division (C)(2) of
this section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check. The superintendent shall conduct the
criminal records check
in the manner described in division (B) of
this
section to
determine whether any information
exists that
indicates that the
person who is the subject of the request
previously has been
convicted of, has pleaded guilty to, or has
been found eligible
for intervention in lieu of conviction for
any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 or
division (B) of section 2151.862 of
the Revised
Code, a
completed form prescribed pursuant to
division (C)(1) of
this
section, and a set of fingerprint
impressions obtained in the
manner described in division (C)(2)
of this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the
manner
described in division (B) of this section to
determine
whether any
information exists that indicates that the
person
who is the
subject of the request previously has been
convicted
of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, or felonious sexual penetration in violation
of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) When conducting a criminal records check on a request
pursuant to section 5104.013 of the Revised Code for a person who
is an owner, licensee, or administrator of a child day-care center
or type A family day-care home, an authorized provider of a
certified type B family day-care home, or an adult residing in a
type A or certified type B home, or when conducting a criminal
records check or a request pursuant to section 5104.012 of the
Revised Code for a person who is an applicant for employment in a
center, type A home, or certified type B home, the superintendent,
in addition to the determination made under division (A)(1) of
this section, shall determine whether any information exists that
indicates that the person has been convicted of or pleaded guilty
to any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,
2921.13, or 2923.01 of the Revised Code, a violation of section
2923.02 or 2923.03 of the Revised Code that relates to a crime
specified in this division or division (A)(1)(a) of this section,
or a second violation of section 4511.19 of the Revised Code
within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1322.03,
1322.031, or 4763.05 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check with respect to any person who has applied
for a license, permit, or certification from the department of
commerce or a division in the department. The superintendent shall
conduct the criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any
of the following: a violation of section 2913.02, 2913.11,
2913.31, 2913.51, or 2925.03 of the Revised Code; any other
criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money
laundering, or drug trafficking, or any criminal offense involving
money or securities, as set forth in Chapters 2909., 2911., 2913.,
2915., 2921., 2923., and 2925. of the Revised Code; or any
existing or former law of this state, any other state, or the
United States that is substantially equivalent to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or
from an individual under section 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code,
accompanied
by
a completed form prescribed under division (C)(1)
of this
section
and a set of fingerprint impressions obtained in
the
manner
described in division (C)(2) of this section, the
superintendent
of the bureau of criminal identification and
investigation shall
conduct a criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request has been convicted of or pleaded
guilty to any criminal
offense in this state or any other state.
The superintendent shall
send the results of a check requested
under section 113.041 of the Revised Code to the treasurer of
state and shall send the results of a check requested under any of
the other listed sections to the licensing board specified by the
individual in the request.
(14) Not later than thirty days after the date the
superintendent receives a request of a type described in
division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11), or
(12) of this section, the completed form, and
the
fingerprint
impressions, the superintendent shall send the person,
board, or
entity that made the request any information, other than
information the dissemination of which is prohibited by federal
law, the superintendent determines exists with respect to the
person who is the subject of the request that indicates that the
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A)(1), (2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as
appropriate. The superintendent shall send the person, board, or
entity that made the request a copy of the list of offenses
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),
(9), (10), (11), or (12) of this section, as appropriate. If the
request was made under section 3701.881 of the Revised Code with
regard to an applicant who may be both responsible for the care,
custody, or control of a child and involved in providing direct
care to an older adult, the superintendent shall provide a list of
the offenses specified in divisions (A)(4) and (6) of this
section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1322.03,
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09,
3721.121, 3722.151, 4701.08, 4715.101,
4717.061,
4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013,
5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or
5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that
bureau.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by
section
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,
3301.32,
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4701.08, 4715.101, 4717.061, 4725.121, 4725.501,
4729.071,
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,
5104.012, 5104.013,
5111.032,
5111.033, 5111.034, 5123.081,
5126.28, 5126.281, or
5153.111 of
the Revised Code. The form
that the superintendent
prescribes
pursuant to this division may
be in a tangible format,
in an
electronic format, or in both
tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08,
173.27,
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,
3319.39,
3701.881, 3712.09, 3721.121, 3722.151, 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, 4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of the Revised
Code. Any
person for whom a
records check is requested under or required by any of
those
sections shall obtain the fingerprint impressions at a
county
sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08,
173.27, 173.394, 1322.03, 1322.031, 2151.86,
3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121,
3722.151, 4701.08, 4715.101, 4717.061, 4725.121,
4725.501,
4729.071, 4730.101,
4730.14, 4730.28, 4731.081,
4731.15,
4731.171, 4731.222, 4731.281,
4731.296, 4731.531,
4732.091,
4734.202, 4740.061, 4741.10, 4749.03, 4749.06,
4755.70,
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,
5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of
the Revised
Code. The
person making a criminal records request
under section 113.041,
121.08,
173.27, 173.394, 1322.03,
1322.031, 2151.86, 3301.32,
3301.541,
3319.39, 3701.881,
3712.09, 3721.121, 3722.151,
4701.08, 4715.101,
4717.061,
4725.121,
4725.501,
4729.071, 4730.101, 4730.14,
4730.28,
4731.081, 4731.15,
4731.171, 4731.222, 4731.281,
4731.296,
4731.531, 4732.091,
4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70,
4757.101, 4759.061, 4760.032,
4760.06,
4761.051, 4762.031,
4762.06, 4763.05, 4779.091,
5104.012,
5104.013, 5111.033,
5111.034,
5123.081,
5126.28,
5126.281, or
5153.111 of the Revised
Code
shall pay the
fee
prescribed
pursuant to this division. A
person
making a
request
under
section 3701.881 of the Revised Code
for
a criminal
records
check for an applicant who may be both
responsible for
the care,
custody, or control of a child and
involved in
providing direct
care to an older adult shall pay one
fee for the
request. In the
case of a request under section
5111.032 of the
Revised Code,
the fee shall be paid in the manner
specified in
that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this
section, or that indicates that
a person previously has been
convicted of or pleaded guilty to any
criminal offense in this
state or any other state regarding a
criminal records check of a
type described in division (A)(13) of
this section, and
that is
made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the
criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
Sec. 2151.86. (A)(1) The Except as otherwise provided in
section 2151.862 of the Revised Code, the appointing or hiring
officer of
any entity that appoints or employs any person
responsible for a
child's care
in out-of-home care shall request
the superintendent of BCII to
conduct a
criminal records check
with respect to any person who
is under final consideration for
appointment or employment as a person responsible for
a child's
care in out-of-home care, except that section 3319.39 of the
Revised Code shall apply instead of this section if the
out-of-home care entity is a public school, educational service
center, or chartered nonpublic school.
(2) The administrative director
of an agency, or attorney,
who arranges an adoption for a prospective adoptive
parent shall
request the
superintendent of BCII to conduct a criminal records
check
with respect
to that prospective adoptive parent and all
persons eighteen years of age or older who reside with the
prospective adoptive parent.
(3) Before a recommending agency submits a recommendation to
the
department
of job and family services on whether the
department should
issue a certificate to a foster
home under
section 5103.03 of the Revised Code, the administrative director
of
the agency
shall request that the
superintendent of BCII
conduct a criminal records check with respect
to the prospective
foster caregiver and all other persons eighteen years of
age
or
older who reside with the foster caregiver.
(B) If a person subject to a criminal records check
does not
present proof that the person has been a resident of
this state
for
the five-year period
immediately prior to the date upon which
the criminal records
check is requested or does not provide
evidence that within that
five-year period the superintendent of
BCII has requested
information
about the
person from the federal
bureau of investigation in a criminal
records check, the
appointing or hiring officer,
administrative
director, or attorney
shall request that the superintendent
of BCII obtain information
from the federal bureau of investigation as a part of the
criminal
records check. If the person subject to the criminal
records check
presents proof that the person has been a resident of
this state
for
that five-year period, the
officer, director, or
attorney may
request that
the superintendent of BCII include information from
the
federal bureau of
investigation in the criminal records check.
An appointing or hiring officer, administrative
director, or
attorney required by division (A) of this section
to request a
criminal records check shall provide to each
person subject to a
criminal records check a copy of the
form prescribed pursuant to
division (C)(1)
of section 109.572 of the Revised Code and a
standard impression
sheet to obtain fingerprint impressions
prescribed pursuant to
division (C)(2) of section 109.572 of the
Revised Code, obtain
the completed form and impression sheet from
the
person, and
forward the completed form and impression sheet to
the
superintendent of BCII at the time the
criminal records
check
is requested.
Any person subject to a criminal records
check who receives
pursuant to this division
a copy of the form prescribed pursuant
to
division (C)(1) of section 109.572 of the Revised Code and a
copy
of an impression sheet prescribed pursuant to division (C)(2)
of
that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheet with the impressions of the
person's
fingerprints. If
a person subject to a criminal records
check, upon request, fails to provide the
information necessary to
complete the form or fails to provide
impressions of the person's
fingerprints, the appointing or hiring officer shall not
appoint
or employ
the person as a person
responsible for a child's care in
out-of-home care, a probate court may not
issue a final decree of
adoption or an interlocutory order of adoption making
the person
an adoptive parent,
and the department of job and family services
shall not issue a
certificate authorizing the
prospective
foster
caregiver to operate a
foster
home.
(C)(1) No appointing or hiring
officer shall appoint or
employ a person as a person
responsible for a child's care in
out-of-home care, the department of job and family services shall
not issue a certificate under section 5103.03 of the Revised Code
authorizing a prospective foster caregiver to operate a foster
home,
and no probate court
shall
issue a final decree of adoption
or an interlocutory order of adoption making
a person an adoptive
parent if the
person or, in the case of a prospective foster
caregiver or prospective adoptive parent, any person eighteen
years of age or older who resides with the prospective foster
caregiver or prospective adoptive parent previously has been
convicted of or pleaded guilty to any
of the following violations
described in division (A)(8) of section 109.572 of the Revised
Code, unless the person meets rehabilitation standards
established
in rules adopted under division (F) of this
section:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of
section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a
violation of section 2919.23 of the
Revised Code that would have been a
violation of section 2905.04
of the Revised Code as it existed prior to July
1, 1996, had the
violation been committed prior to that date, a
violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, or felonious sexual penetration in violation
of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other
state, or the United States that is substantially
equivalent to
any of the offenses described in division (C)(1)(a)
of this
section.
(2) The appointing or hiring officer may appoint or employ a
person as a person responsible for a child's care in
out-of-home
care
conditionally until the criminal records check required by
this
section is completed and the officer receives the results
of
the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (C)(1) of this
section,
the person subject to the criminal records check does
not qualify
for appointment or employment, the
officer shall
release the
person from appointment or
employment.
(D) The appointing or
hiring officer, administrative
director, or attorney shall pay to the
bureau
of criminal
identification and investigation the fee prescribed
pursuant to
division (C)(3) of section 109.572 of the Revised
Code for each
criminal records check conducted in accordance with
that section
upon a request pursuant to division (A) of this
section. The
officer, director, or attorney
may charge the person
subject to
the criminal records check a fee
for the costs the officer,
director, or attorney incurs in
obtaining the criminal records
check. A fee charged under this division shall
not exceed the
amount of fees the officer, director, or
attorney pays for the
criminal records check. If a fee is
charged under this division,
the
officer, director, or attorney shall notify the person
who is
the applicant at the time of the person's initial
application for
appointment or employment, an adoption to be
arranged, or a
certificate to operate a
foster home of the amount of the fee and
that, unless the
fee
is paid, the person who is the applicant will
not
be considered for appointment or
employment or as an
adoptive
parent or foster caregiver.
(E) The report of any criminal records check conducted by
the
bureau of criminal identification and investigation in
accordance
with section 109.572 of the Revised Code and pursuant
to a request
made under division (A) of this section is not a
public record for
the purposes of section 149.43 of the Revised
Code and shall not
be made available to any person other than the
person who is the
subject of the criminal records check or
the person's
representative;
the appointing or hiring officer, administrative
director, or
attorney requesting
the criminal records check
or the
officer's, director's, or attorney's representative;
the
department of job and
family services or
a county department of
job and family services; and any
court, hearing
officer, or other
necessary individual involved in a case dealing
with the denial of
employment, a final decree of adoption
or interlocutory order of
adoption, or a foster
home certificate.
(F) The director of job and
family services shall
adopt rules
in accordance with Chapter 119. of the Revised Code
to implement
this
section. The rules shall include rehabilitation
standards a
person who has been convicted
of or pleaded guilty to an offense
listed in
division
(C)(1) of this
section (A)(8) of section
109.572 of the Revised Code must meet for an appointing or hiring
officer to
appoint or employ the person as a person
responsible
for a child's care in out-of-home care, a probate court
to
issue a
final decree of adoption or interlocutory order of adoption making
the person
an adoptive parent, or the department to issue a
certificate
authorizing the prospective foster caregiver to
operate a foster home.
(G) An appointing or hiring officer,
administrative director,
or attorney required by division (A) of
this section
to request a
criminal records check shall inform each person who is the
applicant, at
the time of the person's initial application for
appointment or
employment,
an adoption to be arranged, or a foster
home certificate, that the person subject to the
criminal records
check is required to provide a set of impressions of
the person's
fingerprints and that a criminal records check is required to
be
conducted and satisfactorily completed in accordance with
section
109.572 of the Revised Code.
(H) The department of job and family services may waive the
requirement that a criminal records check based on fingerprints be
conducted for an adult resident of a prospective adoptive or
foster home or the home of a foster caregiver if the recommending
agency documents to the department's satisfaction that the adult
resident is physically unable to comply with the fingerprinting
requirement and poses no danger to foster children or adoptive
children who may be placed in the home. In such cases, the
recommending or approving agency shall request that the bureau of
criminal identification and investigation conduct a criminal
records check using the person's name and social security number.
(I) As used in this section:
(1) "Children's hospital" means any of the following:
(a) A hospital registered under section 3701.07 of the
Revised Code that provides general pediatric medical and surgical
care, and in which at least seventy-five per cent of annual
inpatient discharges for the preceding two calendar years were
individuals less than eighteen years of age;
(b) A distinct portion of a hospital registered under
section
3701.07 of the Revised Code that provides general
pediatric
medical and surgical care, has a total of at least one
hundred
fifty registered pediatric special care and pediatric
acute care
beds, and in which at least seventy-five per cent of
annual
inpatient discharges for the preceding two calendar years
were
individuals less than eighteen years of age;
(c) A distinct portion of a hospital, if the hospital is
registered under section 3701.07 of the Revised Code as a
children's hospital and the children's hospital meets all the
requirements of division (I)(3)(a) of this section.
(2) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(3) "Minor drug possession offense" has the same meaning
as
in section
2925.01 of the Revised Code.
(4) "Person responsible for a child's care in out-of-home
care"
has the same meaning as in section 2151.011 of the Revised
Code, except that it does not
include a prospective employee of
the department of youth services or a person
responsible for a
child's care in a hospital or medical clinic other than a
children's hospital.
(5) "Person subject to a criminal records check" means the
following:
(a) A person who is under final consideration for appointment
or
employment as a person responsible for a child's care in
out-of-home care;
(b) A prospective adoptive parent;
(c) A prospective foster caregiver;
(d) A person eighteen years old or older who resides with a
prospective foster
caregiver or a prospective adoptive parent.
(6) "Recommending agency" means a public children services
agency, private
child placing agency, or private noncustodial
agency to which the department
of job and family services has
delegated a duty to inspect and approve foster
homes.
(7) "Superintendent of BCII" means the superintendent of the
bureau of criminal identification and investigation.
Sec. 2151.862. (A) A criminal records check shall be
conducted on each employee and volunteer of a residential camp in
accordance with this section.
(B)(1) The hiring officer of
any residential camp shall
request the superintendent of BCII to
conduct a
criminal records
check with respect to any person who
is under final consideration
for
employment by the residential camp.
(2) If a person under final consideration for employment by a
residential camp
does not present proof that the person has been a
resident of
this state for
the five-year period
immediately prior
to the date upon which the criminal records
check is requested or
does not provide evidence that within that
five-year period the
superintendent of BCII has requested
information
about the
person
from the federal
bureau of investigation in a criminal
records
check, the hiring officer shall request that the superintendent
of
BCII obtain information
from the federal bureau of investigation
as a part of the
criminal records check. If the person presents
proof that the person has been a resident of
this state for
that
five-year period, the
hiring officer may request that
the
superintendent of BCII include information from the
federal bureau
of
investigation in the criminal records check.
A hiring officer required by division (B)(1) of this section
to request a criminal records check shall provide to each
person
under final consideration for employment by the residential camp a
copy of the
form prescribed pursuant to division (C)(1)
of section
109.572 of the Revised Code and a standard impression
sheet to
obtain fingerprint impressions prescribed pursuant to
division
(C)(2) of section 109.572 of the Revised Code, obtain
the
completed form and impression sheet from the
person, and
forward
the completed form and impression sheet to the
superintendent of
BCII at the time the
criminal records
check is requested.
Any person under final consideration for employment by a
residential camp who receives pursuant to this division
a copy of
the form prescribed pursuant to
division (C)(1) of section 109.572
of the Revised Code and a copy
of an impression sheet prescribed
pursuant to division (C)(2) of
that section and who is requested
to complete the form and
provide a set of fingerprint impressions
shall complete the form
or provide all the information necessary
to complete the form and
shall provide the impression sheet with
the impressions of the person's
fingerprints. If
a person under
final consideration for employment by a residential camp, upon
request, fails to provide the
information necessary to complete
the form or fails to provide
impressions of the person's
fingerprints, the hiring officer shall not
employ
the person.
(3)(a) No hiring
officer of a residential camp shall employ a
person if the
person previously has been convicted of or pleaded
guilty to any
of the violations described in division (A)(8) of
section 109.572 of the Revised Code, unless the person meets
rehabilitation standards
established in rules adopted under
division (B)(6) of this
section.
(b) The hiring officer of a residential camp may employ a
person conditionally until the criminal records check required by
division (B) of this
section is completed and the officer receives
the results
of the
criminal records check. If the results of the
criminal records
check indicate that, pursuant to division
(B)(3)(a) of this
section,
the person does
not qualify for
employment, the
officer shall
release the person from employment.
(4) The hiring officer shall pay to the
bureau
of criminal
identification and investigation the fee prescribed
pursuant to
division (C)(3) of section 109.572 of the Revised
Code for each
criminal records check conducted in accordance with
that section
upon a request pursuant to division (B)(1) of this
section. The
hiring officer
may charge the person
under final consideration for
employment by the residential camp a fee
for the costs the
officer incurs in
obtaining the criminal
records check. A fee
charged under this division shall
not exceed
the amount of fees
the officer pays for the
criminal records check. If a fee is
charged under this division,
the
officer shall notify the person
at the time of the person's
initial
application for employment of
the amount of the fee and
that, unless the
fee
is paid, the
person will not
be considered
for employment.
(5) The report of any criminal records check conducted by
the
bureau of criminal identification and investigation in
accordance
with section 109.572 of the Revised Code and pursuant
to a request
made under division (B)(1) of this section is not a
public record
for the purposes of section 149.43 of the Revised
Code and shall
not be made available to any person other than the
person who is
the subject of the criminal records check or
the person's
representative;
the hiring officer; and any
court, hearing
officer, or other necessary individual involved in a case dealing
with the denial of employment.
(6) The director of job and
family services shall
adopt rules
in accordance with Chapter 119. of the Revised Code
to implement
this
section. The rules shall include rehabilitation
standards a
person who has been convicted
of or pleaded guilty to an offense
listed in
division
(A)(8) of section 109.572 of the Revised Code
must meet for a hiring officer of a residential camp to
employ the
person or a director or person responsible for volunteers at a
residential camp to permit the person to volunteer at the camp.
(7) A hiring officer required by division (B)(1) of
this
section
to request a criminal records check shall inform each
person who applies for employment by the residential camp, at
the
time of the person's initial application for employment,
that the
person is required to provide a set of impressions of
the person's
fingerprints and that a criminal records check is required to
be
conducted and satisfactorily completed in accordance with
section
109.572 of the Revised Code.
(8) As used in division (B) of this section:
(a) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(b) "Minor drug possession offense" has the same meaning
as
in section
2925.01 of the Revised Code.
(c) "Superintendent of BCII" has the same meaning as in
section 2151.86 of the Revised Code.
(C)(1) The director or person responsible for the
coordination of volunteers for a residential camp shall request a
criminal records check of each person who intends to volunteer at
the residential camp. The person's social security number shall be
used to conduct the criminal records check required of a proposed
volunteer under this division by a private criminal records check
provider with whom the director or person responsible for the
coordination of volunteers contracts.
(2) A person who intends to volunteer at a residential camp
shall provide to the director or person responsible for the
coordination of volunteers for the camp the proposed volunteer's
social security number and any additional information required to
complete the criminal records check required under division (C)(1)
of this section.
(3) No director or person responsible for the coordination of
volunteers of a residential camp shall permit a person to
volunteer at the residential camp if the person previously has
been convicted of or pleaded guilty to any of the offenses
described in division (A)(8) of section 109.572 of the Revised
Code, unless the person meets rehabilitation standards established
in rules adopted under division (B)(6) of this section.
(4) A director or person responsible for the coordination of
volunteers of a residential camp may permit a person to volunteer
at the residential camp conditionally until the criminal records
check required by division (C) of this section is completed and
the director or person responsible for the coordination of
volunteers receives the result of the criminal records check. If
the results of the criminal records check indicate that, pursuant
to division (C)(3) of this section, the person does not qualify as
a volunteer, the director or person responsible for the
coordination of volunteers shall release the person as a volunteer
for the residential camp.
(5) The report of any criminal records check conducted
pursuant to a request made under division (C)(1) of this section
is not a public record for the purposes of section 149.43 of the
Revised Code and shall not be made available to any person other
than the person who is the subject of the criminal records check
or the person's representative; the director or person responsible
for the coordination of volunteers of the residential camp; and
any court, hearing officer, or other necessary individual involved
in a case dealing with the denial of the person as a volunteer.
(6) The director or person responsible for the coordination
of volunteers of a residential camp shall inform each person who
desires to volunteer at the residential camp, at the time of the
person's initial application to volunteer, that the applicant is
required to provide the applicant's social security number and any
additional information required under division (C)(2) of this
section and that a criminal records check is required to be
conducted and satisfactorily completed for the applicant to
volunteer at the residential camp.
Section 2. That existing sections 109.572 and 2151.86 of the
Revised Code are hereby repealed.
Section 3. Section 2151.86 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 106 and Am. Sub. H.B. 117 of
the 125th 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 composite is the resulting
version of
the section in effect prior to the effective date of
the section
as presented in this act.
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