The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 369 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Domenick, Okey, Fende, Lehner
A BILL
To amend sections 2950.03, 2950.04, 2950.041, and
2950.05 of the Revised Code to require that a
person who registers under the Sex Offender
Registration and Notification Law and who does not
have a fixed residence address be monitored by an
active global positioning system device until the
person acquires a fixed residence address.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2950.03, 2950.04, 2950.041, and
2950.05 of the Revised Code be amended to read as follows:
Sec. 2950.03. (A) Each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a
sexually oriented
offense or a child-victim oriented offense and
who has a duty to
register pursuant
to section 2950.04
or
2950.041 of the Revised
Code and each person who is
adjudicated a
delinquent child for
committing a
sexually oriented
offense or a
child-victim
oriented offense and who is classified a juvenile
offender
registrant based on
that adjudication shall be
provided
notice in accordance with
this section of the offender's
or
delinquent child's duties imposed under sections
2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code and of the
offender's duties to similarly register, provide notice of a
change, and verify addresses in another state if the offender
resides, is temporarily domiciled, attends a school or institution
of higher education, or is employed in a state other than this
state. The following
official shall
provide the notice required
under this division to
the specified person at the
following
time:
(1) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the
person
is an offender
who is sentenced
to a prison term, a term of
imprisonment, or any
other type of confinement for any offense,
and if on or
after January 1, 2008,
the offender is serving
that
term or
is
under that confinement, subject to division
(A)(5) of
this
section,
the official in charge of the jail,
workhouse,
state
correctional
institution, or other institution
in
which
the
offender serves the
prison term, term of
imprisonment,
or
confinement, or a designee
of that official,
shall provide the
notice to the offender before
the offender is
released pursuant
to
any type of supervised
release or before the
offender
otherwise is
released from the
prison term, term of
imprisonment,
or
confinement.
(2) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the
person
is an offender
who is sentenced
on
or after January
1, 2008, for
any offense,
and if division (A)(1) of this
section
does not
apply, the
judge
shall provide the notice to the
offender
at the
time of
sentencing.
(3)
If the person is a delinquent child who is classified
a
juvenile offender
registrant on or after January 1, 2008, the
judge
shall
provide the
notice to the delinquent child at the time
specified in division (B) of section 2152.82, division (C) of
section 2152.83, division (C) of section 2152.84, or division (E)
of section 2152.85 of the Revised Code, whichever is applicable.
(4) If the person is a delinquent child who is classified as
both a juvenile offender registrant and a public
registry-qualified juvenile offender registrant on or after
January 1, 2008, the judge shall provide the notice to the
delinquent child at the time specified in division (B) of section
2152.86 of the Revised Code.
(5) If the person is an offender or delinquent child in any
of the following categories, the attorney general, department of
rehabilitation and correction, or department of youth services
shall provide the notice to the offender or delinquent child at
the time and in the manner specified in section 2950.031 or
division (A) or (B) of section 2950.032 of the Revised Code,
whichever is applicable:
(a) An offender or delinquent child who prior to December 1,
2007, has registered a residence, school, institution of higher
education, or place of employment address pursuant to section
2950.04, 2950.041, or 2950.05 of the Revised Code;
(b) An offender or delinquent child who registers with a
sheriff pursuant to section 2950.04 or 2950.041 of the Revised
Code on or after December 1, 2007, previously had not registered
under either section with that sheriff or any other sheriff, and
was convicted of, pleaded guilty to, or was classified a juvenile
offender registrant relative to the sexually oriented offense or
child-victim oriented offense upon which the registration was
based prior to December 1, 2007;
(c) An offender who on December 1, 2007, is serving a prison
term in a state correctional institution for a sexually oriented
offense or child-victim oriented offense or each delinquent child
who has been classified a juvenile offender registrant relative to
a sexually oriented offense or child-victim oriented offense and
who on that date is confined in an institution of the department
of youth services for the sexually oriented offense or
child-victim oriented offense;
(d) An offender or delinquent child who on or after December
2, 2007, commences a prison term in a state correctional
institution or confinement in an institution of the department of
youth services for a sexually oriented offense or child-victim
oriented offense and who was convicted of, pleaded guilty to, or
was classified a juvenile offender registrant relative to the
sexually oriented offense or child-victim oriented offense prior
to that date.
(6) If the person is an offender or delinquent child who on
or after July 1, 2007, and prior to January 1, 2008, is convicted
of or pleads guilty to a sexually oriented offense or a
child-victim oriented offense and is not sentenced to a prison
term for that offense or is classified a juvenile offender
registrant relative to a sexually oriented offense or child-victim
oriented offense and is not committed to the custody of the
department of youth services for that offense, the sentencing
court or juvenile court shall provide the notice to the offender
or delinquent child at the time and in the manner specified in
division (C) of section 2950.032 of the Revised Code.
(7) If the person is an offender or delinquent child who has
a duty to register in this state pursuant to division (A)(4) of
section 2950.04 or 2950.041 of the Revised Code, the offender or
delinquent child is presumed to have knowledge of the law and of
the offender's or delinquent child's duties imposed under sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(B)(1) The notice provided under division (A) of this
section
shall inform the offender
or delinquent child of the offender's or
delinquent child's
duty
to register, to provide notice of a change
in the
offender's
or
delinquent child's residence address or in
the offender's school, institution of higher education, or place
of employment address, as applicable, and register
the new
address, to periodically verify the offender's or delinquent
child's residence address
or the offender's school, institution of
higher education, or place of employment address, as applicable,
and, if applicable, to provide notice of the offender's or
delinquent child's intent to reside, pursuant to sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice
shall specify that, for an offender, it applies regarding
residence addresses or school, institution of higher education,
and place of employment addresses and that, for a delinquent
child, it applies regarding residence addresses. Additionally, it
shall inform the offender of the offender's duties to similarly
register, provide notice of a change in, and verify those
addresses in states other than this state as described in division
(A) of this section and shall inform the offender or delinquent
child that the offender or delinquent child will be monitored by
an active global positioning system device during any period in
which the offender or delinquent child does not have a fixed
residence address. A notice provided under division (A)(1), (2),
(3), or
(4) of this section shall
comport
with the following:
(a)
If the notice is provided
to an offender under division
(A)(1) or (2) of this section, the official, official's
designee,
or judge
shall require the offender to read and sign a
form
stating
that the offender's duties to register, to file a
notice
of intent to reside, if applicable, to
register a new
residence
address or new school, institution of higher education,
or place
of employment address, and to periodically verify those
addresses, and the offender's duties in other states as described
in division (A) of this section
have been explained to the
offender. If the
offender is unable to
read, the official,
official's designee, or
judge shall certify on
the form that the
official, designee, or
judge specifically
informed the offender of
those duties and that
the offender
indicated an understanding of
those duties.
(b)
If the notice is provided
to a delinquent child under
division
(A)(3) or (4) of this
section, the
judge shall require
the
delinquent child and the
delinquent child's parent,
guardian,
or
custodian to read and sign
a form stating
that the
delinquent
child's duties to
register, to file a notice of intent to reside,
if applicable, to register a new
residence
address, and to
periodically
verify that
address have been
explained to the
delinquent
child and to the delinquent child's
parent, guardian,
or custodian.
If the delinquent child or the
delinquent child's
parent,
guardian, or custodian is unable to
read, the
judge shall
certify
on the form that the judge
specifically
informed the
delinquent
child or the delinquent
child's parent, guardian, or
custodian of
those duties and that
the delinquent child or the
delinquent
child's parent, guardian,
or custodian indicated an
understanding
of those duties.
(2) The notice provided under divisions (A)(1) to (4) of
this
section shall be on a form prescribed by the bureau of
criminal identification and investigation and shall contain all of
the information specified in division (A) of this section and all
of the information
required by the bureau. The notice provided
under divisions (A)(1) to (4) of this section shall include,
but
is not limited to,
all of the following:
(a) For any notice provided under divisions (A)(1)
to (4) of
this section, an
explanation of the offender's periodic residence
address or
periodic school, institution of higher education, or
place of
employment
address verification process
or of the
delinquent
child's periodic residence address verification
process, an
explanation of the frequency with which the
offender
or delinquent
child
will be required to verify those addresses
under that
process, a statement that the
offender
or delinquent
child
must
verify those addresses at
the times specified under
that process
or face criminal
prosecution
or a delinquent child
proceeding, and
an explanation of the offender's duty to
similarly register,
verify, and reregister those addresses in
another state if the
offender resides in another state, attends a
school or institution
of higher education in another state, or is
employed in another
state.
(b)
If the notice is provided under division (A)(3) or (4)
of this section, a statement that the delinquent child has been
classified by the adjudicating juvenile court judge or the judge's
successor in office a juvenile offender registrant and, if
applicable, a public-registry qualified public registry-qualified
juvenile offender
registrant and has a duty to comply with
sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised
Code;
(c) If the notice is provided under division (A)(3) or
(4)
of this
section, a statement that, if the delinquent
child
fails
to comply with the requirements of sections 2950.04,
2950.041,
2950.05, and 2950.06 of the Revised Code, both of the
following
apply:
(i) If the delinquent child's failure occurs while the child
is under eighteen years of age, the child is subject to
proceedings under Chapter 2152. of the Revised Code based on the
failure, but if the failure occurs while the child is eighteen
years of age or older, the child is subject to criminal
prosecution based on the failure.
(ii) If the delinquent child's failure occurs while the
child
is under eighteen years of age, unless the child is
emancipated,
as defined in section 2919.121 of the Revised Code,
the failure of
the parent, guardian, or custodian to ensure that
the child
complies with those requirements is a violation of
section 2919.24
of the Revised Code and may result in the
prosecution of the
parent, guardian, or custodian for that
violation.
(3)(a) After an offender described in division (A)(1) or
(2)
of this section has signed the form described in
divisions
(B)(1)
and (2) of this section or the official,
official's designee, or
judge has certified on
the form that
the
form has been
explained
to the offender and that the offender
indicated an
understanding
of the duties indicated on it, the
official,
official's designee,
or judge shall give one copy of the
form to
the offender, within
three days shall send one copy of the
form to
the bureau of
criminal identification and investigation in
accordance with the
procedures adopted pursuant to section 2950.13
of the Revised
Code, shall send one copy of the form to the
sheriff of the
county
in which the offender expects to reside, and
shall send one copy
of the form to the sheriff of the county in
which the offender
was convicted or pleaded guilty if the offender
has a duty to
register pursuant to division (A)(1) of section
2950.04 or
2950.041 of the Revised Code.
(b)
After a delinquent child described in division
(A)(3)
or (4) of
this section and the
delinquent child's parent,
guardian, or
custodian have signed the form
described in divisions
(B)(1) and (2) of
this section or the judge has certified on the
form that the
form
has been explained to the delinquent child or
the delinquent
child's
parent, guardian, or custodian and that the
delinquent
child or the
delinquent child's parent, guardian, or
custodian
indicated an
understanding of the duties and information
indicated
on the form,
the judge
shall give a copy of the form to
both the
delinquent
child and to the
delinquent child's parent,
guardian,
or
custodian, within three days
shall send one copy of
the form to
the bureau of criminal
identification and
investigation in
accordance with the
procedures adopted pursuant
to section 2950.13
of the
Revised
Code, shall send one copy
of
the form to the
sheriff of the county in which the delinquent
child
expects to
reside, and shall send one copy of the form to
the sheriff of the county in which the child was adjudicated a
delinquent child if the delinquent child has a duty to register
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the
Revised Code.
(C) The official, official's designee, judge, chief of
police, or sheriff who is required to provide notice to an
offender
or delinquent child under divisions (A)(1) to (4) of
this section
shall
determine the offender's
or delinquent child's
name,
identifying factors, and expected future residence address
in this
state or any other state, shall
obtain the offender's
or
delinquent child's criminal
and
delinquency history, and shall
obtain a photograph and the
fingerprints of the offender
or
delinquent child. Regarding an offender, the official, designee,
or judge also shall obtain from the offender the offender's
current or expected future school, institution of higher
education, or place of employment address in this state, if any.
If the notice
is provided by a judge under division (A)(2),
(3),
or (4) of
this
section, the sheriff shall provide the
offender's
or
delinquent
child's criminal
and delinquency history
to the
judge.
The
official, official's designee, or judge shall
obtain
this
information and these items prior to giving the
notice,
except
that a judge may give the notice prior to obtaining
the
offender's
or delinquent child's criminal
and delinquency
history. Within
three days after receiving this information and
these items, the
official, official's designee, or judge shall
forward the
information and items to the bureau of criminal
identification and
investigation in accordance with the forwarding
procedures adopted
pursuant to section 2950.13 of the Revised
Code, to the sheriff
of the county in which the offender
or
delinquent child expects to
reside and to the sheriff of the
county in which the offender or delinquent child was convicted,
pleaded guilty, or adjudicated a delinquent child if the offender
or delinquent child has a duty to register pursuant to division
(A)(1) of section 2950.04 or 2950.041 of the Revised Code, and,
regarding an offender, to the sheriff of the county, if any, in
which the offender attends or will attend a school or institution
of higher education or is or will be employed.
If the notice is
provided under division (A)(3) or (4) of this
section
and if
the
delinquent child has been committed to the
department
of youth
services or to a secure facility, the judge,
in addition
to the
other information and items described in this
division,
also shall
forward to the bureau and to the sheriff
notification
that the
child has been so committed. If it has
not
already done so, the
bureau of criminal identification and
investigation shall forward
a copy of the fingerprints and
conviction data received under this
division to the federal bureau
of investigation.
Sec. 2950.04. (A)(1)(a)
Immediately after a sentencing
hearing is held on or after January
1, 2008, for an offender who
is convicted of or pleads guilty to a
sexually oriented offense
and is sentenced to a prison term, a
term of imprisonment, or any
other type of confinement and before
the offender is transferred
to the custody of the department of
rehabilitation and correction
or to the official in charge of the
jail, workhouse, state
correctional institution, or other
institution where the offender
will be confined, the offender
shall register personally with the
sheriff, or the sheriff's
designee, of the county in which
the
offender was convicted of or
pleaded guilty to the sexually
oriented offense.
(b) Immediately after a dispositional hearing is held on or
after January 1, 2008, for a child who is adjudicated a delinquent
child for committing a sexually oriented offense, is classified a
juvenile offender registrant based on that adjudication, and is
committed to the custody of the department of youth services or to
a secure facility that is not operated by the department and
before the child is transferred to the custody of the department
of youth services or the secure facility to which the delinquent
child is committed, the delinquent child shall register personally
with the sheriff, or the sheriff's designee, of the county in
which the delinquent child was
classified a juvenile offender
registrant based on that sexually
oriented offense.
(c) A law enforcement officer shall be present at the
sentencing hearing or dispositional hearing described in division
(A)(1)(a) or (b) of this section to immediately transport the
offender or delinquent child who is the subject of the hearing to
the sheriff, or the sheriff's designee, of the county in which the
offender or delinquent
child is convicted, pleads guilty, or is
adjudicated a delinquent
child.
(d) After an offender who has registered pursuant to division
(A)(1)(a) of this section is released from a prison term, a term
of imprisonment, or any other type of confinement, the offender
shall register as provided in division (A)(2) of this section.
After a delinquent child who has registered pursuant to division
(A)(1)(b) of this section is released from the custody of the
department of youth services or from a secure facility that is not
operated by the department, the delinquent child shall register as
provided in division (A)(3) of this section.
(2) Regardless of when the sexually oriented offense was
committed, each
offender
who is convicted of,
pleads guilty to,
has been
convicted of,
or has pleaded guilty to a
sexually
oriented offense
shall comply with the following registration
requirements described in divisions (A)(2)(a), (b), (c), (d), and
(e) of this section:
(a) The offender shall
register
personally with
the sheriff,
or the sheriff's designee,
of the
county
within
three days
of
the offender's coming into
a county in which the
offender
resides
or temporarily is domiciled
for more than three
days.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county immediately upon coming
into a county in which the
offender attends a school or
institution of higher education on a
full-time or part-time basis
regardless of whether the offender
resides or has a temporary
domicile in this state or another
state.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender is
employed if the offender
resides or has a temporary domicile in
this state and has been
employed in that county for more than
three days or for an
aggregate period of fourteen
or more days
in that calendar year.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender
then is employed if the
offender does not reside or have a
temporary domicile in this
state and has been employed at any
location or locations in this
state more than three days
or for
an aggregate period of
fourteen
or more days in
that calendar
year.
(e) The offender shall register with the sheriff, or the
sheriff's designee, or other
appropriate person of the other
state immediately upon entering
into any state other than this
state in which the offender attends
a school or institution of
higher education on a full-time or
part-time basis or upon being
employed in any state other than
this state for more than
three
days or for an aggregate period
of fourteen
or more days in that
calendar year regardless of whether
the
offender resides or has
a temporary domicile in this state,
the
other state, or a
different state.
(3)(a)
Each child who is adjudicated a delinquent
child
for
committing
a sexually oriented offense and who is
classified a
juvenile offender
registrant
based on that
adjudication shall
register
personally with the sheriff, or the
sheriff's designee,
of the
county within three
days of the
delinquent child's coming
into a county in which the
delinquent
child resides or temporarily
is domiciled for more than
three
days.
(b) In addition to the registration duty imposed under
division (A)(3)(a) of this section, each public
registry-qualified juvenile offender registrant shall comply with
the following additional registration requirements:
(i) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the
county immediately upon coming into a
county in which the
registrant attends a school or institution of
higher education on
a full-time or part-time basis regardless of
whether the
registrant resides or has a temporary domicile in
this state or
another state.
(ii) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the
county in which the registrant is
employed if the registrant
resides or has a temporary domicile in
this state and has been
employed in that county for more than
three days or for an
aggregate period of fourteen or more days in
that calendar year.
(iii) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the
county in which the registrant then is
employed if the registrant
does not reside or have a temporary
domicile in this state and has
been employed at any location or
locations in this state more than
three days or for an aggregate
period of fourteen or more days in
that calendar year.
(iv) The public registry-qualified juvenile offender
registrant shall register with the sheriff, or the sheriff's
designee, or other appropriate
person of the other state
immediately upon entering into any state
other than this state in
which the registrant attends a school or
institution of higher
education on a full-time or part-time basis
or upon being
employed in any state other than this state for more
than three
days or for an aggregate period of fourteen or more
days in that
calendar year regardless of whether the registrant
resides or has
a temporary domicile in this state, the other
state, or a
different state.
(c) If
the delinquent
child is committed for the
sexually
oriented offense to the department of
youth services or to a
secure facility that is not operated by the
department, this duty
begins when the delinquent child
is
discharged or released in any
manner from
custody in a
department
of youth services secure
facility or from the secure
facility that
is not operated
by the
department if pursuant
to the discharge or
release the
delinquent
child is not committed
to any other secure
facility of
the
department or any other secure
facility.
(4)
Regardless of when the sexually oriented offense was
committed,
each person who is convicted, pleads
guilty, or is
adjudicated a delinquent child in a court in another state, in a
federal court,
military court, or
Indian tribal court, or in a
court in any nation other than the United States for committing a
sexually oriented offense shall comply with the following
registration
requirements if, at the time the
offender
or
delinquent child
moves to and
resides in this state or
temporarily
is domiciled in
this state
for more than three days, the offender
or public
registry-qualified juvenile offender registrant enters
this
state
to attend a school or institution of higher
education,
or the
offender or public registry-qualified juvenile
offender registrant
is employed in this state for more than the
specified period of
time,
the offender
or delinquent
child has a
duty to register as a
sex
offender or child-victim offender under
the law of
that other
jurisdiction as a result of
the conviction,
guilty
plea,
or
adjudication:
(a) Each offender and delinquent child shall register
personally with the sheriff, or the sheriff's designee, of the
county within three days of the
offender's or delinquent child's
coming into the county in which
the offender or delinquent child
resides or temporarily is
domiciled for more than three days.
(b) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee,
of
the county immediately upon coming
into a county in which the
offender or public registry-qualified
juvenile offender registrant
attends a school or institution of
higher education on a
full-time or part-time basis regardless of
whether the offender or
public registry-qualified juvenile
offender registrant
resides or
has a temporary domicile in this
state or another
state.
(c) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee,
of the county in which the offender or
public registry-qualified juvenile offender registrant is employed
if the offender
resides or has a temporary domicile in this state
and has been
employed in that county for more than three days or
for an
aggregate period of fourteen days or more in that calendar
year.
(d) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee,
of the county in which the offender or
public registry-qualified juvenile offender registrant then is
employed if the
offender or public registry-qualified juvenile
offender registrant does not reside or have a temporary domicile
in this
state and has been employed at any location or
locations
in
this state for more than three days or for an
aggregate
period
of fourteen or more days in that calendar year.
(5) An offender or a delinquent child who is a public
registry-qualified juvenile offender registrant is not required to
register under division (A)(2), (3), or (4) of this section if a
court issues an order terminating the offender's or delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code pursuant to section 2950.15 of the
Revised Code. A delinquent child who is a juvenile offender
registrant but is not a public registry-qualified juvenile
offender registrant is not required to register under any of those
divisions if a juvenile court issues an order declassifying the
delinquent child as a juvenile offender registrant pursuant to
section 2152.84 or 2152.85 of the Revised Code.
(B) An offender
or delinquent child who is required by
division (A) of this section to register in this state personally
shall obtain
from the sheriff or from a designee of the sheriff a
registration
form that conforms to division (C) of this section,
shall complete
and sign the form, and shall return the completed
form together
with the offender's
or delinquent child's
photograph, copies of travel and immigration documents, and any
other required material to the
sheriff or the designee.
The
sheriff or designee shall sign the
form and indicate on the
form
the date on which it is so returned.
The registration
required
under this division is complete when the
offender
or
delinquent
child returns the form, containing the
requisite
information,
photograph, other required material, signatures, and
date, to the
sheriff or designee.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include or contain all of
the following
for the offender or delinquent child who is
registering:
(1) The offender's or delinquent child's name and any aliases
used by the offender or delinquent child;
(2) The offender's or delinquent child's social security
number and date of birth,
including any alternate social security
numbers or dates of birth
that the offender or delinquent child
has used or uses;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1) of this
section, a statement that the offender is serving a prison term,
term of imprisonment, or any other type of confinement or a
statement that the delinquent child is in the custody of the
department of youth services or is confined in a secure facility
that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(2), (3),
or
(4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than three days, the current residence
address of
the offender
or delinquent child who is registering or
a statement that the offender or delinquent child has no fixed
residence address,
the name and
address of the offender's
or
delinquent child's
employer if the
offender
or delinquent child
is employed at the
time of
registration or if the offender
or
delinquent child knows
at the
time of registration that the
offender
or delinquent child
will be
commencing employment with
that employer subsequent to
registration, any other employment
information, such as the
general area where the offender or
delinquent child is employed,
if the offender or delinquent child
is employed in many
locations, and the name and address of the
offender's or public
registry-qualified juvenile offender
registrant's school or
institution of higher education if the
offender or public
registry-qualified juvenile offender
registrant attends one at the
time of registration or if the
offender or public
registry-qualified juvenile offender
registrant knows at the time
of
registration that the offender
or public registry-qualified
juvenile offender registrant will be
commencing attendance at
that school or institution subsequent to
registration;
(5) Regarding an offender or public registry-qualified
juvenile offender registrant who is registering under a duty
imposed under division (A)(2), (3), or (4) of this
section as
a
result of the offender or public registry-qualified
juvenile
offender registrant attending a school or
institution of
higher
education in this state on a full-time or
part-time basis
or
being employed in this state or in a
particular county in this
state, whichever is applicable, for
more than three days
or for
an aggregate of
fourteen or more days in any
calendar year, the
name
and current
address of the school,
institution of higher
education, or place
of employment of the
offender or public
registry-qualified
juvenile offender
registrant who is
registering,
including
any other employment information, such
as the general
area where
the offender or public
registry-qualified juvenile
offender registrant is employed, if
the
offender or public
registry-qualified juvenile offender
registrant is
employed in
many locations;
(6) The identification license plate
number
of each vehicle
the offender
or delinquent child owns,
of each
vehicle
registered in the offender's
or
delinquent
child's name, of each
vehicle the offender or delinquent
child
operates as a part of
employment, and of each other vehicle that
is regularly available
to be operated by the offender
or
delinquent child;
a
description of where each vehicle is
habitually parked, stored,
docked, or otherwise kept; and, if
required by the bureau of
criminal
identification and
investigation, a photograph of each
of those
vehicles;
(7) If the offender or delinquent child has a driver's or
commercial driver's license or permit issued by this state or any
other state or a state identification
card issued under section
4507.50 or 4507.51 of the Revised Code or a comparable
identification card issued by another state,
the driver's license
number, commercial driver's license number,
or state
identification card number;
(8) If the offender or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing the sexually oriented offense resulting in the
registration duty in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States, a DNA specimen, as defined in
section 109.573 of the Revised Code, from the offender or
delinquent child, a citation for, and the name of, the sexually
oriented offense resulting in the registration duty, and a
certified copy of a document that describes the text of that
sexually oriented offense;
(9) A description of each
professional and occupational
license, permit, or registration,
including those licenses,
permits, and registrations issued under
Title XLVII of the
Revised Code, held by the offender or
delinquent child;
(10) Any email addresses, internet identifiers, or telephone
numbers registered to or used by the offender or delinquent child;
(11) Any other information required by the bureau of criminal
identification and investigation.
(D) After an offender
or delinquent child registers with a
sheriff, or the sheriff's designee, pursuant to this section, the
sheriff, or the sheriff's designee, shall forward the
signed,
written registration form, photograph, and other
material to
the
bureau of
criminal identification and
investigation in
accordance with the
forwarding procedures adopted
pursuant to
section 2950.13 of the
Revised Code. If an offender
registers a
school, institution of higher education, or place of
employment
address, or provides a school or institution of higher
education
address under division (C)(4) of this section, the
sheriff
also
shall provide notice to the law enforcement agency
with
jurisdiction over the premises of the school, institution of
higher education, or place of employment of the offender's name
and that the offender has registered that address as a place at
which the offender attends school or an institution of higher
education or at which the offender is employed. The bureau shall
include the information and
materials forwarded to it under this
division in the state
registry of sex offenders and child-victim
offenders established and maintained under section
2950.13 of the
Revised Code.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is
required to send a notice of intent to reside pursuant to division
(G) of this section, shall fail to register or send the notice of
intent as
required in accordance with those divisions or that
division.
(F) An offender
or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code, with the duty commencing
on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is a tier III sex
offender/child-victim offender, the
offender or delinquent child
also shall send
the
sheriff, or the
sheriff's designee, of the
county in which the offender or
delinquent
child
intends to
reside
written notice of the
offender's or
delinquent
child's
intent to
reside in the county.
The offender or
delinquent
child
shall send
the notice of intent
to reside at
least twenty
days
prior to the
date the offender or
delinquent
child begins to
reside in the
county. The notice of
intent to
reside shall
contain
the following
information:
(1) The offender's or delinquent child's name;
(2) The address or addresses at which the offender or
delinquent child intends to reside;
(3) The sexually oriented offense of which the offender was
convicted, to which the offender pleaded guilty, or for which the
child was adjudicated a delinquent child.
(H) If, immediately prior to January 1, 2008,
an offender or
delinquent child who was convicted of, pleaded
guilty to, or was
adjudicated a delinquent child for committing a
sexually oriented
offense or a child-victim oriented offense as
those terms were
defined in section 2950.01 of the Revised Code
prior to January
1, 2008, was required by division (A) of this
section or section
2950.041 of the Revised Code to register and
if, on or after
January 1, 2008, that offense is a sexually oriented offense as
that term is defined in
section 2950.01 of the Revised Code on
and after January 1, 2008,
the duty to register that is imposed
pursuant to
this section on and after January 1, 2008, shall be
considered,
for purposes of section 2950.07 of the Revised Code
and for all
other purposes, to be a continuation of the duty
imposed upon the
offender or delinquent child prior to January 1,
2008, under this section or section 2950.041 of the Revised Code.
(I) A person who states on the registration form required by
division (C) of this section that the person does not have a fixed
residence address shall be monitored by an active global
positioning system device for as long as the person remains
without a fixed residence address and during any future periods in
which the person does not have a fixed residence address. The
sheriff, or the sheriff's designee, of the county in which the
person resides or is temporarily domiciled shall cause the person
to be monitored. The person shall pay the full costs of monitoring
unless the person files with the sheriff or the sheriff's designee
an affidavit of indigency, supported by documentary evidence,
showing that the person cannot pay part or all of the costs of
monitoring. To the extent that the person cannot pay the costs of
monitoring, the county in which the person resides or is
temporarily domiciled shall pay those costs.
Sec. 2950.041. (A)(1)(a)
Immediately after a sentencing
hearing is held on or after January
1, 2008, for an offender who
is convicted of or pleads guilty to a
child-victim oriented
offense and is sentenced to a prison term, a
term of
imprisonment, or any other type of confinement and before
the
offender is transferred to the custody of the department of
rehabilitation and correction or to the official in charge of the
jail, workhouse, state correctional institution, or other
institution where the offender will be confined, the offender
shall register personally with the sheriff, or the sheriff's
designee, of the county in which
the offender was convicted of or
pleaded guilty to the
child-victim offense.
(b) Immediately after a dispositional hearing is held on or
after January 1, 2008, for a child who is adjudicated a delinquent
child for committing a child-victim oriented offense, is
classified a juvenile offender registrant based on that
adjudication, and is committed to the custody of the department of
youth services or to a secure facility that is not operated by the
department and before the child is transferred to the custody of
the department of youth services or the secure facility to which
the delinquent child is committed, the delinquent child shall
register personally with the sheriff, or the sheriff's designee,
of the county in which the
delinquent child was classified a
juvenile offender registrant
based on that child-victim oriented
offense.
(c) A law enforcement officer shall be present at the
sentencing hearing or dispositional hearing described in division
(A)(1)(a) or (b) of this section to immediately transport the
offender or delinquent child who is the subject of the hearing to
the sheriff, or the sheriff's designee, of the county in which the
offender or delinquent
child is convicted, pleads guilty, or is
adjudicated a delinquent
child.
(d) After an offender who has registered pursuant to division
(A)(1)(a) of this section is released from a prison term, a term
of imprisonment, or any other type of confinement, the offender
shall register as provided in division (A)(2) of this section.
After a delinquent child who has registered pursuant to division
(A)(1)(b) of this section is released from the custody of the
department of youth services or from a secure facility that is not
operated by the department, the delinquent child shall register as
provided in division (A)(3) of this section.
(2) Regardless of when the child-victim oriented offense was
committed, each offender who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a child-victim
oriented offense shall comply with all of the following
registration requirements:
(a) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county within three days
of
the offender's coming into
a county in which the offender
resides or temporarily is domiciled
for more than three
days.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county immediately upon coming
into a county in which the
offender attends a school or
institution of higher education on a
full-time or part-time basis
regardless of whether the offender
resides or has a temporary
domicile in this state or another
state.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender is
employed if the offender
resides or has a temporary domicile in
this state and has been
employed in that county for more than
three days or for an
aggregate period of fourteen
or more days
in that calendar year.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender
then is employed if the
offender does not reside or have a
temporary domicile in this
state and has been employed at any
location or locations in this
state for more than three
days or
for an aggregate period of
fourteen or more days
in that
calendar year.
(e) The offender shall register personally with the sheriff,
or the sheriff's designee,
or other appropriate person of the
other state immediately upon
entering into any state other than
this state in which the
offender attends a school or institution
of higher education on a
full-time or part-time basis or upon
being employed in any state
other than this state for more than
three days or for an
aggregate period of fourteen
or more days
in that calendar year
regardless of whether the
offender resides
or has a temporary
domicile in this state, the
other state, or a
different state.
(3) Regardless of when the child-victim oriented offense
was
committed, each child who on or after July 31, 2003, is
adjudicated a delinquent child for committing a child-victim
oriented offense and who is classified a juvenile offender
registrant based on that adjudication shall register personally
with the sheriff, or the sheriff's designee, of the county within
three days of the delinquent
child's coming into a county in
which the delinquent child resides
or temporarily is domiciled
for more than three days. If the
delinquent child is committed
for the child-victim oriented
offense to the department of youth
services or to a secure
facility that is not operated by the
department, this duty begins
when the delinquent child is
discharged or released in any manner
from custody in a department
of youth services secure facility or
from the secure facility
that is not operated by the department
if pursuant to the
discharge or release the delinquent child is
not committed to any
other secure facility of the department or
any other secure
facility.
(4) Regardless of when the child-victim oriented offense
was
committed, each person who is convicted, pleads guilty, or
is
adjudicated a delinquent child in a court in another state, in
a
federal court, military court, or Indian tribal court, or in a
court in any nation other than the United States for committing a
child-victim oriented offense shall comply with all of the
following registration
requirements if, at the time the offender
or delinquent child
moves to and resides in this state or
temporarily is domiciled in
this state for more than three days,
the offender enters this
state to attend the school or
institution of higher education, or
the offender is employed in
this state for more than the specified
period of time, the
offender or delinquent child has a duty to
register as a
child-victim offender or sex offender under the law
of that other
jurisdiction as a result of the conviction, guilty
plea, or
adjudication:
(a) Each offender and delinquent child shall register
personally with the sheriff, or the sheriff's designee, of the
county within three days of the
offender's or delinquent child's
coming into the county in which
the offender or delinquent child
resides or temporarily is
domiciled for more than three days.
(b) Each offender shall register personally with the sheriff,
or the sheriff's designee,
of the county immediately upon coming
into a county in which the
offender attends a school or
institution of higher education on a
full-time or part-time basis
regardless of whether the offender
resides or has a temporary
domicile in this state or another
state.
(c) Each offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender is
employed if the offender
resides or has a temporary domicile in
this state and has been
employed in that county for more than
three days or for an
aggregate period of fourteen days or more in
that calendar year.
(d) Each offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender
then is employed if the
offender does not reside or have a
temporary domicile in this
state and has not been employed at any
location or locations in
this state for more than three days or
for an aggregate period
of fourteen or more days in that calendar
year.
(5) An offender is not required to register under division
(A)(2), (3), or (4) of this section if a court issues an order
terminating the offender's duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to
section 2950.15 of the Revised Code. A delinquent child who is a
juvenile offender registrant but is not a public
registry-qualified juvenile offender registrant is not required to
register under any of those divisions if a juvenile court issues
an order declassifying the delinquent child as a juvenile offender
registrant pursuant to section 2152.84 or 2152.85 of the Revised
Code.
(B) An offender or delinquent child who is required by
division (A) of this section to register in this state personally
shall do so in the manner described in division (B) of section
2950.04 of the Revised Code, and the registration is complete as
described in that division.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include or contain all of
the following
for the offender or delinquent child who is
registering:
(1) The offender's or delinquent child's name, any aliases
used by the offender or delinquent child, and a photograph of the
offender or delinquent child;
(2) The offender's or delinquent child's social security
number and date of birth,
including any alternate social security
numbers or dates of birth
that the offender or delinquent child
has used or uses;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1) of this
section, a statement that the offender is serving a prison term,
term of imprisonment, or any other type of confinement or a
statement that the delinquent child is in the custody of the
department of youth services or is confined in a secure facility
that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(2), (3),
or
(4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than three days, all of the information
described in division (C)(4) of section 2950.04 of the Revised
Code;
(5) Regarding an offender who is registering under a duty
imposed under division (A)(2) or (4) of this section as a
result
of the offender attending a school or institution of higher
education on a full-time or part-time basis or being employed in
this state or in a particular county in this state, whichever is
applicable, for more than three days or for an aggregate
of
fourteen or more days in any calendar year, all of the
information
described in division (C)(5) of section 2950.04 of
the Revised
Code;
(6) The identification license plate
number issued by this
state or any other state of each vehicle the offender
or
delinquent child owns, of each vehicle registered in the
offender's
or
delinquent child's name, of each vehicle the
offender or delinquent child operates as a part of employment, and
of each other vehicle that is regularly available to be
operated
by the offender or delinquent child; a description of where each
vehicle is habitually parked,
stored, docked, or otherwise kept;
and, if required by
the bureau of criminal identification and
investigation, a
photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver's or
commercial driver's license or permit issued by this state or any
other state or a state identification card issued under section
4507.50 or 4507.51 of the Revised Code or a comparable
identification card issued by another state, the driver's license
number, commercial driver's license number, or state
identification card number;
(8) If the offender or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing the child-victim oriented offense resulting in the
registration duty in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States, a DNA specimen, as defined in
section 109.573 of the Revised Code, from the offender or
delinquent child, a citation for, and the name of, the
child-victim oriented offense resulting in the registration duty,
and a certified copy of a document that describes the text of that
child-victim oriented offense;
(9) Copies of travel and
immigration documents;
(10) A description of each professional and occupational
license, permit, or registration, including those licenses,
permits, and registrations issued under Title XLVII of the Revised
Code, held by the offender or delinquent child;
(11) Any email addresses, internet identifiers, or telephone
numbers registered to or used by the offender or delinquent child;
(12) Any other information required by the bureau of criminal
identification and investigation.
(D) Division (D) of section 2950.04 of the Revised Code
applies when an offender or delinquent child registers with a
sheriff pursuant to this section.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is
required to send a notice of intent to reside pursuant to division
(G) of this section, shall fail to register or send the notice as
required in accordance with those divisions or that division.
(F) An offender or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code, with the duty commencing
on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is a tier III sex
offender/child-victim
offender, the offender or delinquent child
also shall send the
sheriff, or the sheriff's designee, of the
county in which the
offender or delinquent child
intends to
reside written notice of
the offender's or delinquent
child's
intent to reside in the
county. The offender or delinquent
child
shall send the notice of
intent to reside at least twenty
days
prior to the date the
offender or delinquent child begins to
reside in the county. The
notice of intent to reside shall
contain
all of the following
information:
(1) The information specified in divisions (G)(1) and (2) of
section 2950.04 of the Revised Code;
(2) The child-victim oriented offense of which the offender
was convicted, to which the offender pleaded guilty, or for which
the child was adjudicated a delinquent child.
(H) If, immediately prior to January 1, 2008, an offender or
delinquent child who was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a child-victim
oriented offense or a sexually oriented offense as those terms
were defined in section 2950.01 of the Revised Code prior to
January 1, 2008, was required by division (A) of this section or
section 2950.04 of the Revised Code to register and if, on or
after January 1, 2008, that offense is a child-victim oriented
offense as that term is defined in section 2950.01 of the Revised
Code on and after January 1, 2008, the duty to register that is
imposed pursuant to this section on and after January 1, 2008,
shall be considered, for purposes of section 2950.07 of the
Revised Code and for all other purposes, to be a continuation of
the duty imposed upon the offender or delinquent child prior to
January 1, 2008, under this section or section 2950.04 of the
Revised Code.
(I) A person who states on the registration form required by
division (C) of this section that the person does not have a fixed
residence address shall be monitored by an active global
positioning system device for as long as the person remains
without a fixed residence address and during any future periods in
which the person does not have a fixed residence address. The
sheriff, or the sheriff's designee, of the county in which the
person resides or is temporarily domiciled shall cause the person
to be monitored. The person shall pay the full costs of monitoring
unless the person files with the sheriff or the sheriff's designee
an affidavit of indigency, supported by documentary evidence,
showing that the person cannot pay part or all of the costs of
monitoring. To the extent that the person cannot pay the costs of
monitoring, the county in which the person resides or is
temporarily domiciled shall pay those costs.
Sec. 2950.05. (A) If an offender
or delinquent child is
required to
register
pursuant to division (A)(2), (3), or (4) of
section 2950.04 or 2950.041 of the Revised
Code, the
delinquent
child if not a public
registry-qualified juvenile offender
registrant shall provide
written
notice of any change of
residence
address, and the
offender and public registry-qualified juvenile
offender
registrant
shall provide notice of any change of
residence,
school, institution of
higher education, or place of
employment
address, to the sheriff
with whom the
offender
or
delinquent
child most recently registered the address
under
division (A)(2),
(3), or (4) of section 2950.04 or 2950.041
of
the
Revised Code or
under division (B) of this section. A
written notice of a change
of school, institution of higher
education, or place of employment
address also shall include the
name of the new school, institution
of higher education, or place
of employment. The
delinquent child if not a public
registry-qualified juvenile offender registrant shall provide the
written notice at least twenty
days prior to changing the
residence address, and the offender and public registry-qualified
juvenile offender registrant
shall provide the written notice at
least twenty days prior to
changing the address of the residence,
school, or institution of higher
education and not later than
three days after changing the address
of the place of employment.
They shall provide the written notices
during the period they are
required to register. If a residence
address change is not to a
fixed address, the offender or
delinquent child shall include in
that notice a detailed
description of the place or places at
which the offender or
delinquent child intends to stay and, not
later than the end of
the first business day immediately
following the day on which the
person obtains a fixed residence
address, shall provide that
sheriff written notice of that fixed
residence address. If a
person whose residence address change is
not to a fixed address
describes in a notice under this division
the place or places at
which the person intends to stay, for
purposes of divisions (C) to
(I) of this section, sections
2950.06 to 2950.13 of the Revised
Code, and sections 311.171 and
2919.24 of the Revised Code, the
place or places so described in
the notice shall be considered the
person's residence address and
registered residence address until
the person provides the
written notice of a fixed residence
address as described in this
division.
A person whose residence address change is not to a
fixed address shall be monitored by an active global positioning
system device as provided in division (I) of section 2950.04 or
division (I) of section 2950.041 of the Revised Code until the
person provides written notice of a fixed residence address as
described in this division.
(B) If an offender or public registry-qualified juvenile
offender registrant
is required to
provide notice of a
residence,
school, institution of higher education, or place of
employment
address change under division
(A) of
this section, or a
delinquent child who is not a public registry-qualified juvenile
offender registrant is required to provide notice of a residence
address change under that division, the offender
or delinquent
child, at least
twenty
days prior to
changing the residence,
school, or institution of higher education address and not later
than three days after changing the place of employment
address,
as applicable, also shall
register
the new address in the
manner,
and using the form, described in
divisions (B)
and (C) of
section
2950.04 or 2950.041 of the
Revised Code, whichever is
applicable,
with
the sheriff of
the county in
which the offender's
or
delinquent
child's new
address is
located, subject to division
(C)
of this
section. If a residence address change is not to a
fixed address, the offender or delinquent child shall include in
the registration a detailed description of the place or places at
which the offender or delinquent child intends to stay and, not
later than the end of the first business day immediately following
the day on which the person obtains a fixed residence address,
shall register with that sheriff that fixed residence address. If
a person whose residence address change is not to a fixed address
describes in a registration under this division the place or
places at which the person intends to stay, for purposes of
divisions (C) to (I) of this section, sections 2950.06 to
2950.13
of the Revised Code, and sections 311.171 and 2919.24 of
the
Revised Code, the place or places so described in the
registration
shall be considered the person's residence address
and registered
residence address, until the person registers a
fixed residence
address as described in this division.
A person
whose residence address change is not to a fixed address shall be
monitored by an active global positioning system device as
provided in division (I) of section 2950.04 or division (I) of
section 2950.041 of the Revised Code until the person provides
written notice of a fixed residence address as described in this
division.
(C) Divisions (A) and (B) of this section apply
to a person
who is required to register pursuant to division (A)(2), (3), or
(4) of
section 2950.04 or 2950.041 of the
Revised Code regardless
of whether the new residence, school, institution of higher
education, or place of employment
address is in
this state or in
another state. If the new address is
in another state, the person
shall register with the appropriate
law
enforcement officials in
that state in the manner required
under the law of
that state and
within the earlier of the period
of time required under the law
of
that state or at least seven
days prior to changing the address.
(D) If an offender or
delinquent child who is a public
registry-qualified juvenile
offender registrant is required to
register pursuant to division
(A)(2), (3), or (4) of section
2950.04 or 2950.041 of the Revised
Code, the offender or public
registry-qualified juvenile offender
registrant shall provide
written notice, within three days of the
change, of any change in
vehicle information, email addresses,
internet identifiers, or
telephone numbers registered to or used
by the offender or
registrant to the sheriff with whom the
offender or registrant
has most recently registered under division
(A)(2), (3), or (4)
of section 2950.04 or 2950.041 of the Revised
Code.
(E)(1) Upon receiving from an offender
or delinquent child
pursuant to
division
(A) of this section notice of a change of the
offender's or public registry-qualified juvenile offender
registrant's
residence, school, institution of higher education,
or
place of employment address or the
residence
address of a
delinquent child who is not a public
registry-qualified juvenile
offender registrant, a sheriff
promptly
shall
forward the new
address to the
bureau of
criminal
identification and
investigation in accordance
with the
forwarding procedures
adopted pursuant to section 2950.13
of the
Revised Code
if the
new address is in another state or,
if
the
new
address is
located in another county in this state, to the
sheriff
of that
county. Upon receiving from
an offender or public
registry-qualified juvenile offender
registrant notice of vehicle
and identifier changes pursuant to
division (D) of this section,
a sheriff promptly shall forward the
new information to the
bureau of criminal identification and
investigation in accordance
with the forwarding procedures adopted
pursuant to section
2950.13 of the Revised Code. The bureau
shall include all
information
forwarded to it
under this division in the state
registry of sex
offenders and child-victim offenders
established
and maintained
under section 2950.13 of
the Revised
Code and
shall forward
notice
of the offender's
or delinquent
child's new
residence, school,
institution of higher education, or place of
employment address,
as applicable, to
the appropriate officials
in the
other state.
(2) When an offender or public
registry-qualified juvenile
offender registrant
registers a new
residence, school,
institution of higher education, or place of employment
address or
a delinquent child who is not a public
registry-qualified
juvenile offender registrant registers a new residence address
pursuant to
division (B) of this section, the
sheriff with whom
the offender
or delinquent child registers and
the bureau of
criminal
identification and investigation shall
comply with
division
(D) of
section 2950.04 or 2950.041 of the Revised Code,
whichever is
applicable.
(F)(1) No person who is required to notify a sheriff of a
change
of address pursuant to division (A) of this section or a
change in vehicle
information or identifiers pursuant to division
(D) of this
section shall
fail to
notify the appropriate sheriff
in accordance with that
division.
(2) No person who is required to register a new residence,
school, institution of higher education, or place of employment
address with a
sheriff or with an official of another state
pursuant to divisions (B) and (C) of this section shall fail to
register
with the appropriate sheriff or official of the other
state in accordance with those divisions.
(G)(1) It is an affirmative defense to a charge of a
violation of division (F)(1) of this section that it was
impossible for the person to provide the written notice to the
sheriff as required under division (A) of this section because of
a lack of knowledge, on the date specified for the provision of
the written notice, of a residence, school, institution of higher
education, or place of employment address change, and that the
person provided notice of the residence, school, institution of
higher education, or place of employment address change to the
sheriff specified in division (A) of this section as soon as
possible, but not later than the end of the first business day,
after learning of the address change by doing either of the
following:
(a) The person provided notice of the address change to the
sheriff specified in division (A) of this section by telephone
immediately upon learning of the address change or, if the person
did not have reasonable access to a telephone at that time, as
soon as possible, but not later than the end of the first business
day, after learning of the address change and having reasonable
access to a telephone, and the person, as soon as possible, but
not later than the end of the first business day, after providing
notice of the address change to the sheriff by telephone, provided
written notice of the address change to that sheriff.
(b) The person, as soon as possible, but not later than the
end of the first business day, after learning of the address
change, provided written notice of the address change to the
sheriff specified in division (A) of this section.
(2) It is an affirmative defense to a charge of a violation
of division (F)(2) of this section that it was impossible for
the
person to register the new address with the sheriff or the
official of the other state as required under division (B) or (C)
of this section because of a lack of knowledge, on the date
specified for the registration of the new address, of a residence,
school, institution of higher education, or place of employment
address change, and that the person registered the new residence,
school, institution of higher education, or place of employment
address with the sheriff or the official of the other state
specified in division (B) or (C) of this section as soon as
possible, but not later than the end of the first business day,
after learning of the address change by doing either of the
following:
(a) The person provided notice of the new address to the
sheriff or official specified in division (B) or (C) of this
section by telephone immediately upon learning of the new address
or, if the person did not have reasonable access to a telephone at
that time, as soon as possible, but not later than the end of the
first business day, after learning of the new address and having
reasonable access to a telephone, and the person, as soon as
possible, but not later than the end of the first business day,
after providing notice of the new address to the sheriff or
official by telephone, registered the new address with that
sheriff or official in accordance with division (B) or (C) of this
section.
(b) The person, as soon as possible, but not later than the
end of the first business day, after learning of the new address,
registered the new address with the sheriff or official specified
in division (B) or (C) of this section, in accordance with that
division.
(H) An offender
or delinquent child who is required to
comply
with
divisions (A), (B), and (C) of this section shall
do
so for
the period of time specified in section 2950.07 of the
Revised
Code.
(I) As used in this section, and in all other sections of
the
Revised Code that refer to the duties imposed on an offender
or
delinquent child under this section relative to a change in
the
offender's or delinquent child's residence, school,
institution of
higher education, or place of employment address,
"change in
address" includes any circumstance in which the old
address for
the person in question no longer is accurate,
regardless of
whether the person in question has a new address.
Section 2. That existing sections 2950.03, 2950.04, 2950.041,
and 2950.05 of the Revised Code are hereby repealed.
|
|