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(127th General Assembly)
(Amended Substitute Senate Bill Number 97)
AN ACT
To amend sections 504.04, 2907.40, 2950.99, 3319.39,
and 3327.10 and to enact sections 109.5721,
503.60, and 2950.131 of the Revised Code to modify
the penalties for violations of the Sexual
Offender Registration and Notification Law, to
require the inclusion of specified information on
the statewide and county sheriffs' internet sex
offender and child-victim offender databases, to
modify the definition of "sexually oriented
business," to permit townships to regulate the
residency of registered sex offenders and
child-victim offenders, to modify the law
pertaining to school bus driver background checks,
to create the Retained Applicant Fingerprint
Database, and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 504.04, 2907.40, 2950.99, 3319.39,
and 3327.10 be amended and sections 109.5721, 503.60, and 2950.131
of the Revised Code be enacted to read as follows:
Sec. 109.5721. (A) As used in this section:
(1) "Employment" includes volunteer service.
(2) "Licensure" means the authorization, evidenced by a
license, certificate, registration, permit, or other authority
that is issued or conferred by a public office, to engage in a
profession, occupation, or occupational activity or to have
control of and operate certain specific equipment, machinery, or
premises over which a public office has jurisdiction.
(3) "Participating public office" means a public office that
requires a fingerprint background check as a condition of
employment with or licensure by the public office and that elects
to receive notice under division (C) of this section in accordance
with rules adopted by the attorney general.
(4) "Public office" has the same meaning as in section 117.01
of the Revised Code.
(B) Within six months after the effective date of this
section, the superintendent of the bureau of criminal
identification and investigation shall establish and maintain a
database of fingerprints of individuals on whom the bureau has
conducted criminal records checks for the purpose of determining
eligibility for employment with or licensure by a public office.
The superintendent shall maintain the database separate and apart
from other records maintained by the bureau. The database shall be
known as the retained applicant fingerprint database.
(C) When the superintendent receives information that an
individual whose name is in the retained applicant fingerprint
database has been arrested for or convicted of any offense, the
superintendent shall promptly notify any participating public
office that employs or that licensed the individual of the arrest
or conviction. The public office that receives the notification
and its employees and officers shall use the information contained
in the notification solely to determine the individual's
eligibility for continued employment with the public office or to
retain a license issued by the public office. The public office
and its employees and officers shall not disclose that information
to any person for any other purpose.
(D) The attorney general shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the operation and
maintenance of the database. The rules shall provide for, but not
be limited to, both of the following:
(1) The expungement or sealing of records of individuals who
are deceased or who are no longer employed or licensed by the
public office that required submission of the individual's
fingerprints;
(2) The terms under which a public office may elect to
receive notification under division (C) of this section, including
payment of any reasonable fee that may be charged for the purpose.
(E) No public office or employee of a public office shall be
considered negligent in a civil action solely because the public
office did not elect to be a participating public office.
(F)(1) No person shall knowingly use information contained in
or received from the retained applicant fingerprint database for
purposes not authorized by this section.
(2) No person shall knowingly use information contained in or
received from the retained applicant fingerprint database with the
intent to harass or intimidate another person.
(3) Whoever violates division (F)(1) or (F)(2) of this
section is guilty of unlawful use of retained applicant
fingerprint database records. A violation of division (F)(1) of
this section is a misdemeanor of the fourth degree. A violation of
division (F)(2) of this section is a misdemeanor of the first
degree.
Sec. 503.60. (A) Townships have authority to exercise all
powers of local self-government within their limits regarding the
residency of a person who has been convicted of or pleaded guilty
to either a sexually oriented offense or a child-victim oriented
offense and to adopt and enforce within their limits any local
police, sanitary, and similar regulations regarding the residency
of such persons that are not in conflict with general laws. The
authority granted under this division shall be exercised by the
adoption of resolutions. Townships have the same rights, powers,
and duties pursuant to the authority granted under this division
as municipal corporations have under Section 3 of Article XVIII,
Ohio Constitution relative to their authority to exercise powers
of local self-government and to adopt and enforce within their
limits local police, sanitary, and similar regulations, except to
the extent that the rights, powers, and duties that the municipal
corporations have by their nature clearly are inapplicable to
townships and to the exercise by townships of their authority
granted under this division.
(B) The authority of a township granted under division (A) of
this section applies to all townships. If a township has adopted a
limited home rule government pursuant to Chapter 504. of the
Revised Code, the authority granted under division (A) of this
section is in addition to the powers and authority granted to the
township under Chapter 504. of the Revised Code.
(C) As used in this section, "child-victim oriented offense"
and "sexually oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Sec. 504.04. (A) A township that adopts a limited
home rule
government may do all of the following by resolution,
provided
that any of these resolutions, other than a
resolution to
supply
water or sewer services in accordance with sections 504.18
to
504.20 of the Revised
Code, may be enforced only by the imposition
of civil fines as authorized in
this chapter:
(1) Exercise all powers of local self-government within
the
unincorporated area of the township, other than powers that
are in
conflict with general laws, except that the township shall
comply
with the requirements and prohibitions of this chapter,
and shall
enact no taxes other than those authorized by general
law, and
except that no resolution adopted pursuant to this
chapter shall
encroach upon the powers, duties, and privileges of
elected
township officers or change, alter, combine, eliminate,
or
otherwise modify the form or structure of the township
government
unless the change is required
or permitted by this chapter;
(2) Adopt and enforce within the unincorporated area of
the
township local police, sanitary, and other similar
regulations
that are not in conflict with general laws or
otherwise
prohibited
by division (B) of this section;
(3) Supply water and sewer services to users within the
unincorporated
area of the township in accordance with sections
504.18
to 504.20 of the
Revised Code;
(4) Adopt and enforce within the unincorporated area of the
township any resolution of a type described in section 503.52 or
503.60 of the Revised Code.
(B) No resolution adopted pursuant to this chapter shall do
any of the
following:
(1) Create a criminal offense or impose criminal
penalties,
except as authorized by division (A) of this
section or by section
503.52 of the Revised Code;
(2) Impose civil fines other than as authorized by this
chapter;
(3) Establish or revise subdivision regulations, road
construction standards, urban
sediment rules, or storm water and
drainage regulations, except as provided in section 504.21 of the
Revised Code;
(4) Establish or revise building standards, building
codes,
and other standard codes except as provided in section
504.13 of
the Revised Code;
(5) Increase, decrease, or otherwise alter the powers or
duties of a township under any other chapter of the Revised Code
pertaining to agriculture or the conservation or
development of
natural resources;
(6) Establish regulations affecting hunting, trapping,
fishing, or the possession, use, or sale of firearms;
(7) Establish or revise water or sewer regulations,
except
in
accordance with section
504.18, 504.19, or 504.21 of the Revised
Code.
Nothing in this chapter shall be construed as affecting the
powers of counties with regard to the subjects listed in
divisions
(B)(3) to (5) of this section.
(C) Under a limited
home rule government, all officers shall
have the
qualifications, and be
nominated, elected, or appointed,
as provided in Chapter 505. of
the Revised Code, except that the
board of township trustees
shall appoint a full-time or part-time
law director pursuant
to section 504.15 of the Revised Code, and
except that
a five-member board of township trustees approved for
the
township before September 26, 2003, shall continue to serve as
the legislative authority with successive members serving for
four-year terms of office until a termination of a limited home
rule government under section 504.03 of the Revised Code.
(D) In case of conflict between resolutions enacted by a
board of township trustees and municipal ordinances or
resolutions, the ordinance or resolution enacted by the municipal
corporation prevails. In case of conflict between resolutions
enacted by a board of township trustees and any county
resolution,
the resolution enacted by the board of township
trustees prevails.
Sec. 2907.40. (A) As used in this section:
(1) "Adult bookstore" or "adult video store" means a
commercial establishment that has as a significant or substantial
portion of its stock in trade or inventory in, derives a
significant or substantial portion of its revenues from, devotes a
significant or substantial portion of its interior business or
advertising to, or maintains a substantial section of its sales or
display space for the sale or rental, for any form of
consideration, of books, magazines, periodicals, or other printed
matter, or photographs, films, motion pictures, video cassettes,
compact discs, slides, or other visual representations, that are
characterized by their emphasis upon the exhibition or description
of specified sexual activities or specified anatomical areas.
(2) "Adult cabaret" means a nightclub, bar, juice bar,
restaurant, bottle club, or other similar commercial
establishment, regardless of whether alcoholic beverages are
served, that regularly features individuals who appear in a state
of nudity or seminudity.
(3) "Adult motion picture theater" means a commercial
establishment where films, motion pictures, videocassettes,
slides, or similar photographic reproductions that are
characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas are regularly
shown to more than five individuals for any form of consideration.
(4) "Characterized by" means describing the essential
character or quality of an item.
(5) "Employee" means any individual who performs any service
on the premises of a sexually oriented business on a full-time,
part-time, or contract basis, regardless of whether the individual
is denominated an employee, independent contractor, agent, or
otherwise, but does not include an individual exclusively on the
premises for repair or maintenance of the premises or for the
delivery of goods to the premises.
(6) "Nudity," "nude," or "state of nudity" has the same
meaning as in section 2907.39 of the Revised Code.
(7) "Operator" means any individual on the premises of a
sexually oriented business who causes the business to function or
who puts or keeps in operation the business or who is authorized
to manage the business or exercise overall operational control of
the business premises.
(8) "Patron" means any individual on the premises of a
sexually oriented business except for any of the following:
(a) An operator or an employee of the sexually oriented
business;
(b) An individual who is on the premises exclusively for
repair or maintenance of the premises or for the delivery of goods
to the premises;
(c) A public employee or a volunteer firefighter emergency
medical services worker acting within the scope of the public
employee's or volunteer's duties as a public employee or
volunteer.
(9) "Premises" means the real property on which the sexually
oriented business is located and all appurtenances to the real
property, including, but not limited, to the sexually oriented
business, the grounds, private walkways, and parking lots or
parking garages adjacent to the real property under the ownership,
control, or supervision of the owner or operator of the sexually
oriented business.
(10) "Regularly" means consistently or repeatedly.
(11) "Seminude" or "state of seminudity" has the same meaning
as in section 2907.39 of the Revised Code.
(12) "Sexual device" means any three-dimensional object
designed and marketed for stimulation of the male or female human
genitals or anus or female breasts or for sadomasochistic use or
abuse of oneself or others, including, but not limited to, dildos,
vibrators, penis pumps, and physical representations of the human
genital organs, but not including devices primarily intended for
protection against sexually transmitted diseases or for preventing
pregnancy.
(13) "Sexual device shop" means a commercial establishment
that regularly features sexual devices, but not including any
pharmacy, drug store, medical clinic, or establishment primarily
dedicated to providing medical or healthcare products or services,
and not including any commercial establishment that does not
restrict access to its premises by reason of age.
(14) "Sexual encounter center" means a business or commercial
enterprise that, as one of its principal business purposes,
purports to offer for any form of consideration physical contact
in the form of wrestling or tumbling between individuals of the
opposite sex when one or more of the individuals is nude or
seminude.
(15) "Sexually oriented business" means an adult bookstore,
adult video store, adult cabaret, adult motion picture theater,
sexual device shop, or sexual encounter center, but does not
include a business solely by reason of its showing, selling, or
renting materials rated NC-17 or R by the motion picture
association of America that may depict sex.
(16) "Specified anatomical areas" includes human genitals,
pubic region, and buttocks and the human female breast below a
point immediately above the top of the areola.
(17) "Specified sexual activity" means sexual intercourse,
oral copulation, masturbation, or sodomy, or excretory functions
as a part of or in connection with any of these activities.
(B) No sexually oriented business shall be or remain open for
business between 12:00 midnight and 6:00 a.m. on any day, except
that a sexually oriented business that holds a liquor permit
pursuant to Chapter 4303. of the Revised Code may remain open
until the hour specified in that permit if it does not conduct,
offer, or allow sexually oriented entertainment activity in which
the performers appear nude.
(C)(1) No patron who is not a member of the employee's
immediate family shall knowingly touch any employee while that
employee is nude or seminude or touch the clothing of any employee
while that employee is nude or seminude.
(2) No employee who regularly appears nude or seminude on the
premises of a sexually oriented business, while on the premises of
that sexually oriented business and while nude or seminude, shall
knowingly touch a patron who is not a member of the employee's
immediate family or another employee who is not a member of the
employee's immediate family or the clothing of a patron who is not
a member of the employee's immediate family or another employee
who is not a member of the employee's immediate family or allow a
patron who is not a member of the employee's immediate family or
another employee who is not a member of the employee's immediate
family to touch the employee or the clothing of the employee.
(D) Whoever violates division (B) of this section is guilty
of illegally operating a sexually oriented business, a misdemeanor
of the first degree.
(E) Whoever violates division (C) of this section is guilty
of illegal sexually oriented activity in a sexually oriented
business. If the offender touches a specified anatomical area of
the patron or employee, or the clothing covering a specified
anatomical area, a violation of division (C) of this section is a
misdemeanor of the first degree. If the offender does not touch a
specified anatomical area of the patron or employee, or the
clothing covering a specified anatomical area, a violation of
division (C) of this section is a misdemeanor of the fourth
degree.
Sec. 2950.131. (A) By January 1, 2008, the bureau of criminal
identification and investigation, with the assistance of the
office of criminal justice services, shall include on the internet
sex offender and child-victim offender database established and
operated pursuant to division (A)(11) of section 2950.13 of the
Revised Code a link to educational information for the public on
current research about sex offenders and child-victim offenders.
Each sheriff who has established on the internet a sex offender
and child-victim offender database may include a link to this
information on the sheriff's internet database.
(B) By January 1, 2008, the internet sex offender and
child-victim offender database established and operated pursuant
to division (A)(11) of section 2950.13 of the Revised Code and
each sheriff's internet sex offender and child-victim offender
database is required to inform offenders and public
registry-qualified juvenile offender registrants that they may
contact the sheriff of the county in which the offender or
delinquent child registered an address if the offender or
delinquent child believes that information contained on the
internet sex offender and child-victim offender database or
sheriff's internet sex offender and child-victim offender database
pertaining to the offender or delinquent child is incorrect.
Sec. 2950.99.
(A)(1)(a) Except as otherwise provided in
division (A)(1)(b) of this section, whoever violates a prohibition
in section
2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised
Code shall be punished as follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is aggravated murder, murder, or a
felony of the first, second, or third, or fourth degree if
committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the third same degree as the most serious sexually
oriented offense or child-victim oriented offense that was the
basis of the registration, notice of intent to reside, change of
address, or address verification requirement that was violated
under the prohibition, or, if the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address, or
address verification requirement that was violated under the
prohibition is a comparable category of offense committed in
another jurisdiction, the offender is guilty of a felony of the
same degree as that offense committed in the other jurisdiction
would constitute if committed in this state.
(ii)(iii) If the most serious sexually oriented
offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth
degree or a misdemeanor
if committed by an
adult or a comparable
category of offense committed in another jurisdiction,
or if the
most serious
sexually oriented offense or child-victim oriented
offense
that was the basis of the registration, notice of intent
to reside,
change of address
notification, or address verification
requirement that was
violated under the prohibition is a
misdemeanor
if committed by an
adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty
of a felony of the same fourth degree or a misdemeanor of the same
degree as the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address, or
address verification requirement that was violated under the
prohibition or, if the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address, or
address verification requirement that was violated under the
prohibition was a comparable category of offense committed in
another jurisdiction, the offender is guilty of a felony of the
same degree or a misdemeanor of the same degree as that offense
committed in the other jurisdiction would constitute or would have
constituted if it had been committed in this state.
(b) If the offender previously has been convicted of or
pleaded guilty to, or previously has been adjudicated a delinquent
child for committing, a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,
whoever violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code shall be punished as
follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is aggravated murder, murder, or a
felony of the first, second, or third, or fourth degree if
committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the third same degree as the most serious sexually
oriented offense or child-victim oriented offense that was the
basis of the registration, notice of intent to reside, change of
address, or address verification requirement that was violated
under the prohibition, or, if the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address, or
address verification requirement that was violated under the
prohibition is a comparable category of offense committed in
another jurisdiction, the offender is guilty of a felony of the
same degree as that offense committed in the other jurisdiction
would constitute if committed in this state.
(ii)(iii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth
degree if committed by an adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty
of a felony of the fourth third degree.
(iii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a misdemeanor of the first
degree if committed by an adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty
of a felony of the fifth degree.
(iv) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a misdemeanor other than a
misdemeanor of the first degree if committed by an adult or a
comparable category of offense committed in another jurisdiction,
the offender is guilty of a misdemeanor that is one degree higher
than the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, change of
address, or address verification requirement that was violated
under the prohibition or, if the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address, or
address verification requirement that was violated under the
prohibition was a comparable category of offense committed in
another jurisdiction, the offender is guilty of a misdemeanor that
is one degree higher than the most serious sexually oriented
offense or child-victim oriented offense committed in the other
jurisdiction would constitute or would have constituted if it had
been committed in this state.
(iv) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a misdemeanor if committed by an
adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the fourth
degree.
(2)(a) In addition to
any penalty
or sanction imposed under
division (A)(1) of this section or any other provision of law for
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code, if the
offender
or
delinquent child is
subject to a community control sanction, is on
parole, is subject to
one or
more
post-release
control sanctions,
or is subject to any other
type
of supervised
release at the time
of the violation, the
violation shall
constitute a violation of
the terms and
conditions
of the
community control sanction,
parole, post-release control
sanction, or other
type of supervised
release.
(b) In addition to any penalty or sanction imposed under
division (A)(1)(b)(i), (ii), or (iii) of this section or any other
provision of law for a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender previously has been convicted of or pleaded guilty to, or
previously has been adjudicated a delinquent child for committing,
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code when the most serious
sexually oriented offense or child-victim oriented offense that
was the basis of the requirement that was violated under the
prohibition is a felony if committed by an adult or a comparable
category of offense committed in another jurisdiction, the court
imposing a sentence upon the offender shall impose a definite
prison term of no less than three years. The definite prison term
imposed under this section is not restricted by division (B) of
section 2929.14 of the Revised Code and shall not be reduced to
less than three years pursuant to Chapter 2967. or any other
provision of the Revised Code.
(3) As used in division (A)(1) of this section, "comparable
category of offense committed in another jurisdiction" means a
sexually oriented offense or child-victim oriented offense that
was the basis of the registration, notice of intent to reside,
change of address notification, or address verification
requirement that was violated, that is a violation of an existing
or former law of another state or the United States, an existing
or former law applicable in a military court or in an Indian
tribal court, or an existing or former law of any nation other
than the United States, and that, if it had been committed in this
state, would constitute or would have constituted aggravated
murder, or murder for purposes of division (A)(1)(a)(i) of this
section, or a felony of the first, second, or third, or fourth
degree for purposes of division (A)(1)(a)(i)(ii) of this section,
a felony of the fourth or fifth degree or a misdemeanor for
purposes of division (A)(1)(a)(ii)(iii) of this section,
aggravated murder, or murder for purposes of division (A)(1)(b)(i)
of this section, or a felony of the first, second, or third, or
fourth degree for purposes of division (A)(1)(b)(i)(ii) of this
section, a felony of the fourth or fifth degree for purposes of
division (A)(1)(b)(ii)(iii) of this section, a misdemeanor of the
first degree for purposes of division (A)(1)(b)(iii) of this
section, or a misdemeanor other than a misdemeanor of the first
degree for purposes of division (A)(1)(b)(iv) of this section.
(B) If a person violates a prohibition in section 2950.04,
2950.041,
2950.05, or 2950.06 of the Revised Code that applies to
the person
as a result of the person being adjudicated a
delinquent child and
being classified a juvenile offender
registrant or as an
out-of-state juvenile offender registrant,
both of the
following apply:
(1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
(C) Whoever violates division (C) of section 2950.13 of the
Revised Code is guilty of a misdemeanor of the first degree.
Sec. 3319.39. (A)(1) Except as provided in division
(F)(2)(b) of section
109.57 of the Revised Code, the appointing or
hiring officer of
the board of education of a school district, the
governing board of an
educational service center, or of a
chartered
nonpublic school shall request the superintendent of the
bureau
of criminal identification and investigation to conduct a
criminal records check with respect to any applicant who has
applied to the school district, educational service center, or
school for employment in any
position as a person responsible for
the care, custody, or
control of a child. If Except as provided in
division (A)(1) of this section, if the applicant does not present
proof that
the applicant 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 has requested
information about the applicant from the federal bureau of
investigation in
a criminal records check, the appointing or
hiring officer shall
request that the superintendent obtain
information from the
federal bureau of investigation as a part of
the criminal records
check for the applicant. If Except as
provided in division (A)(1) of this section, if the applicant
presents proof that
the applicant has been a resident of this
state for that
five-year period, the appointing or hiring officer
may request
that the superintendent include information from the
federal
bureau of investigation in the criminal records check. In
the case of an applicant who is applying to be employed as driver
of a school bus or motor van, the appointing or hiring officer
shall request that the superintendent include information from the
federal bureau of investigation in the criminal records check.
(2) A person required by division (A)(1) of this section
to
request a criminal records check shall provide to each
applicant a
copy of the form prescribed pursuant to division
(C)(2) of section
109.572 of the Revised Code, provide to each
applicant 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 each
applicant, and forward the completed
form and impression sheet to
the superintendent of the bureau of
criminal identification and
investigation at the time the person
requests a criminal records
check pursuant to division (A)(1) of
this section.
(3) An applicant who receives pursuant to division (A)(2)
of
this section 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
applicant's fingerprints. If an applicant, upon request, fails to
provide
the information necessary to complete the form or fails to
provide impressions of the applicant's fingerprints, the board of
education
of a school district, governing board of an educational
service center, or
governing authority of a chartered nonpublic
school shall not employ that
applicant for any position for which
a criminal records check
is required pursuant to division (A)(1)
of this section.
(B)(1) Except as provided in rules adopted by the
department
of education in accordance with division (E) of this
section and
as provided in division (B)(3) of this section, no
board of
education of a school district, no governing board of an
educational service center, and no governing
authority of a
chartered nonpublic school shall employ a person
as a person
responsible for the care, custody, or control of a
child if the
person 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, 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,
another
state, or the United States that is substantially
equivalent to
any of the offenses or violations described in
division (B)(1)(a)
of this section.
(2) A board, governing board of an educational
service
center, or a governing authority of a
chartered nonpublic school
may employ an applicant conditionally
until the criminal records
check required by this section is
completed and the board or
governing authority receives the
results of the criminal records
check. If the results of the
criminal records check indicate that,
pursuant to division (B)(1)
of this section, the applicant does
not qualify for employment,
the board or governing authority shall
release the applicant from
employment.
(3) No board and no governing authority of a chartered
nonpublic school shall
employ a teacher who previously has been
convicted of or pleaded guilty
to any of the offenses listed in
section 3319.31 of the Revised
Code.
(C)(1) Each board and each governing
authority of a chartered
nonpublic school 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 the request pursuant to division (A)(1) of this
section of
the appointing or hiring officer of the board or
governing
authority.
(2) A board and the governing authority of a
chartered
nonpublic school may charge an applicant a fee for the
costs it
incurs in obtaining a criminal records check under this
section. A
fee charged under this division shall not exceed the
amount of
fees the board or governing authority pays under
division (C)(1)
of this section. If a fee is charged under this
division, the
board or governing authority shall notify the
applicant at the
time of the applicant's initial application for employment
of the
amount of the fee and that, unless the fee is paid, the board or
governing authority will not consider the applicant
for
employment.
(D) 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
under division (A)(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
applicant who is
the subject of the criminal records check or the applicant's
representative, the board or governing authority requesting the
criminal records check or its representative, and any court,
hearing officer, or other necessary individual involved in a case
dealing with the denial of employment to the applicant.
(E) The department of education shall adopt rules pursuant
to
Chapter 119. of the Revised Code to implement this section,
including rules specifying circumstances under which the board or
governing authority may hire a person who has been convicted of
an
offense listed in division (B)(1) or (3) of this section but who
meets standards in regard to rehabilitation set by the
department.
(F) Any person required by division (A)(1) of this section
to
request a criminal records check shall inform each person, at
the
time of the person's initial application for employment,
of the
requirement to provide a set of fingerprint impressions and that a
criminal records check is required to be conducted
and
satisfactorily completed in accordance with section 109.572 of
the
Revised Code if the person comes under final consideration for
appointment or employment as a precondition to employment for the
school district, educational service center, or school for that
position.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment in a position with a
board of education, governing board of an educational service
center, or a chartered nonpublic school as a person
responsible
for the care, custody, or control of a child, except that
"applicant" does not include a person already employed by a board
or chartered
nonpublic school in a position of care, custody, or
control of a child who is
under consideration for a different
position with such board or school.
(2) "Teacher" means a person holding an educator license or
permit issued under section 3319.22 or 3319.301 of
the Revised
Code and teachers in a chartered nonpublic school.
(3) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as
in section
2925.01 of the Revised Code.
(H) If the board of education of a local school district
adopts a resolution
requesting the assistance of the educational
service center in which the local
district has territory in
conducting criminal records checks of substitute
teachers under
this section, the appointing or hiring officer of such
educational
service center shall serve for purposes of this section as
the
appointing or hiring
officer of the local board in the case of
hiring substitute teachers for
employment in the local district.
Sec. 3327.10. (A) No person shall be employed as driver
of
a
school bus or motor van, owned and operated by any school
district
or educational service center or privately owned and
operated
under
contract with any
school district or service center
in this
state, who has not received a
certificate
from the
educational
service center governing board in case such person is
employed by
a service center or by
a local school
district under
the
supervision of the service center governing
board, or by the
superintendent of schools, in case such person is employed by the
board of a city or exempted village school district, certifying
that such person is at least eighteen years of age and is of good
moral character and is qualified physically and otherwise for
such
position. The service center governing board or the
superintendent, as the
case may be, shall provide for an annual
physical examination
that conforms with rules adopted by the state
board of education
of each driver to ascertain
the driver's
physical fitness
for such
employment. Any certificate may be
revoked by the authority
granting the same on proof that the
holder has been guilty of
failing to comply with division (D)(1)
of this section, or upon a
conviction or a guilty plea for a
violation, or any other action,
that results in a loss or
suspension of driving rights. Failure
to comply with such
division
may be cause for disciplinary action
or termination of
employment
under division (C) of section
3319.081, or section
124.34 of the
Revised Code.
(B) No person shall be employed as driver of a school bus
or
motor van not subject to the rules of the department of
education
pursuant to division (A) of this section who has not
received a
certificate from the school administrator or
contractor certifying
that such person is at least eighteen years
of age, is of good
moral character, and is qualified physically
and otherwise for
such position. Each driver shall have an
annual physical
examination which conforms to the state highway
patrol rules,
ascertaining
the driver's physical fitness for
such
employment.
The examination shall be performed by one of the
following:
(1) A person licensed under Chapter 4731. of the Revised Code
or by another state to practice medicine and surgery or
osteopathic medicine and surgery;
(2) A
physician assistant;
(3) A
certified nurse practitioner;
(4) A
clinical
nurse specialist;
(5) A certified
nurse-midwife.
Any written documentation of the physical examination shall
be completed by the individual who performed the examination.
Any certificate may be revoked by the authority
granting the
same on proof that the holder has been guilty of
failing to comply
with division (D)(2) of this section.
(C) Any person who drives a school bus or motor van must
give
satisfactory and sufficient bond except a driver who is an
employee of a school district and who drives a bus or motor van
owned by the school district.
(D) No person employed as driver of a school bus or motor
van
under this section who is convicted of a traffic violation or
who
has had
the person's commercial driver's license
suspended
shall
drive a school bus or motor van until
the
person
has filed
a
written notice of
the conviction
or
suspension,
as
follows:
(1) If
the person is employed under division (A) of this
section,
the person shall file the notice
with
the
superintendent,
or a
person
designated by the superintendent,
of
the school
district
for
which
the person drives a school
bus or
motor van as
an
employee or
drives a privately owned and
operated
school bus or
motor van
under contract.
(2) If employed under division (B) of this section,
the
person shall file the notice
with the employing
school
administrator or
contractor, or a person designated by the
administrator or
contractor.
(E) In addition to resulting in possible revocation of a
certificate as authorized by divisions (A) and (B) of this
section, violation of division (D) of this section is a minor
misdemeanor.
(F)(1) Not later than thirty days after the effective date of
this amendment June 30, 2007, each owner of a school bus or motor
van shall obtain from the bureau of motor vehicles the complete
driving record for at least the prior seven-year period of each
person who is currently employed or otherwise authorized to drive
the school bus or motor van. An owner of a school bus or motor van
shall not permit a person to operate the school bus or motor van
for the first time before the owner has obtained from the bureau
the person's complete driving record for at least the prior
seven-year period. Each year after obtaining a person's seven-year
driving record. Thereafter, the owner of a school bus or motor van
shall obtain from the bureau the person's driving record for at
least the prior year not less frequently than semiannually if the
person remains employed or otherwise authorized to drive the
school bus or motor van. An owner of a school bus or motor van
shall not permit a person to resume operating a school bus or
motor van, after an interruption of one year or longer, before the
owner has obtained from the bureau the person's complete driving
record for at least the period since the owner last obtained the
person's driving record or, if the owner had never obtained a
seven-year driving record for the person, for at least the prior
seven-year period.
(2) The owner of a school bus or motor van shall not permit a
person to operate the school bus or motor van for seven six years
after the date on which the person pleads guilty to or is
convicted of a violation for which six points are assessed under
of section 4510.036 4511.19 of the Revised Code or a substantially
equivalent municipal ordinance.
(3) Divisions (F)(1) and (2) of this section supersede only
the requirements of paragraphs (B)(3) and (F)(2) of rule
3301-83-06 of the Administrative Code, as that rule exists on the
effective date of this amendment, that An owner of a school bus
drivers have no six-point convictions during the prior twenty-four
months. All other or motor van shall not permit any person to
operate such a vehicle unless the person meets all other
requirements contained in rules adopted by the state board of
education prescribing qualifications of drivers of school buses
and other student transportation, including the requirement of
those paragraphs that drivers not have been assessed eight points
within the previous twenty-four months, remain in effect until
amended or rescinded by the state board.
(G) No superintendent of a school district, educational
service center, community school, or public or private employer
shall permit the operation of a vehicle used for pupil
transportation within this state by an individual unless both of
the following apply:
(1) Information pertaining to that driver has been submitted
to the department of education, pursuant to procedures adopted by
that department. Information to be reported shall include the name
of the employer or school district, name of the driver, driver
license number, date of birth, date of hire, status of physical
evaluation, and status of training.
(2) A criminal records check, including information from the
federal bureau of investigation, has been completed and received
by the superintendent or public or private employer.
(H) A person, school district, educational service center,
community school, nonpublic school, or other public or nonpublic
entity that owns a school bus or motor van, or that contracts with
another entity to operate a school bus or motor van, may impose
more stringent restrictions on drivers than those prescribed in
this section, in any other section of the Revised Code, and in
rules adopted by the state board.
(I) For qualified drivers who, on the effective date of this
amendment, are employed by the owner of a school bus or motor van
to drive the school bus or motor van, any instance in which the
driver was convicted of or pleaded guilty to a violation of
section 4511.19 of the Revised Code or a substantially equivalent
municipal ordinance prior to two years prior to the effective date
of this amendment shall not be considered a disqualifying event
with respect to division (F) of this section.
SECTION 2. That existing sections 504.04, 2907.40, 2950.99,
3319.39, and 3327.10 of the Revised Code are hereby repealed.
SECTION 3. The amendments to sections 504.04 and 2950.99 of
the Revised Code that are made by Sections 1 and 2 of this act and
the enactment of sections 503.60 and 2950.131 of the Revised Code
by Section 1 of the act shall take effect on January 1, 2008.
The amendment to section 2907.40 of the Revised Code that is
made by Sections 1 and 2 of this act takes effect the same day
section 2907.40 of the Revised Code as enacted in Sub. S.B. 16 of
the 127th General Assembly takes effect.
The amendments to sections 3319.39 and 3327.10 of the Revised
Code that are made by Sections 1 and 2 of this act shall take
effect July 1, 2007.
The enactment of section 109.5721 of the Revised Code by
Section 1 of
this act shall take effect on August 15, 2007.
SECTION 4. Sections 1 to 3 of this act shall take effect July
1, 2007.
SECTION 5. 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
the changes to the state's Sex Offender Registration and
Notification Law made by this act are crucially needed to provide
increased protection and security for the state's residents from
persons who have been convicted of, or found to be delinquent for
committing, a sexually oriented offense or a child-victim oriented
offense and to conform that Law by July 1, 2007, to recently
enacted requirements of federal law. Therefore, this act shall go
into immediate effect.
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