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Sub. H. B. No. 262 As Passed by the HouseAs Passed by the House
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Antonio, Boyd, Combs, Derickson, Garland, Hagan, R., Murray, O'Brien, Okey, Patmon, Pillich, Slesnick, Stebelton, Stinziano, Williams, Yuko, Fende, Celeste, Szollosi, Heard, Clyde, Reece, Phillips, Barnes, Gerberry, Foley, Ashford, Goyal, Milkovich, Ramos, Gentile, Sykes, Schuring, Letson, Bubp, Butler, Conditt, Huffman, Lynch, Pelanda, Scherer, Adams, R., Amstutz, Baker, Beck, Blair, Boose, Boyce, Brenner, Buchy, Budish, Carney, Celebrezze, Cera, Damschroder, DeVitis, Dovilla, Driehaus, Duffey, Gardner, Goodwin, Grossman, Hackett, Hagan, C., Hall, Hayes, Henne, Hill, Hottinger, Johnson, Kozlowski, Landis, Luckie, Lundy, Maag, Mallory, Martin, McClain, McGregor, Newbold, Roegner, Rosenberger, Ruhl, Sears, Slaby, M., Smith, Sprague, Stautberg, Terhar, Thompson, Uecker, Winburn, Young Speaker Batchelder
A BILL
To amend sections 109.73, 2151.358, 2152.021,
2743.60, 2905.32, 2907.04, 2921.32, 2923.31,
2929.13, 2950.01, 2981.12, and 5502.63 and to
enact sections 109.66, 109.745, 109.746, 2307.51,
2953.38, 4743.07, and 5101.87 of the Revised Code
to require the Attorney General annually to
publish statistical data on human trafficking
cases in Ohio, to provide for peace officer
training and public awareness programs relative to
human trafficking, to authorize a juvenile court
to hold a delinquent child complaint in abeyance
pending the child's completion of diversion
actions if the alleged delinquent child is charged
with prostitution-related conduct or is a victim
of trafficking in persons, to ensure that minor
victims of trafficking in persons are not
prohibited from receiving awards from the Victims
of Crime Fund, to eliminate provisions that
prohibit multiple convictions for conduct that
constitutes trafficking in persons and either an
allied offense or corrupt activity, to increase
the penalties for trafficking in persons and
obstruction of justice, to prohibit a person from
engaging in sexual conduct for hire with a minor
regardless of the adult's knowledge of the minor's
age, to require offenders convicted of promoting
prostitution or of trafficking in persons under
certain circumstances to register as sex
offenders, to authorize a person convicted of or
adjudicated a delinquent child for committing a
prostitution-related offense or act to apply for
expungement of the record of conviction or
adjudication if the person's participation in the
offense or act was a result of being a victim of
human trafficking, to recommend that agencies that
grant licenses for trades or professions require
training related to human trafficking, to require
the Division of Criminal Justice Services to
create and make available a poster that provides
information regarding the National Human
Trafficking Resource Center hotline, to create the
Victims of Human Trafficking Fund, and to declare
an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.73, 2151.358, 2152.021, 2743.60,
2905.32, 2907.04, 2921.32, 2923.31, 2929.13, 2950.01, 2981.12, and
5502.63 be amended and sections 109.66, 109.745, 109.746, 2307.51,
2953.38, 4743.02, and 5101.87 of the Revised Code be enacted to
read as follows:
Sec. 109.66. (A) The attorney general, with assistance from
the bureau of criminal identification and investigation, annually
shall publish statistical data on violations of section 2905.32 of
the Revised Code. The first annual publication of this data shall
occur one year after the effective date of this section.
(B) Each state agency and each agency of each political
subdivision that investigates violations of section 2905.32 of the
Revised Code or acts of human trafficking shall collect and submit
to the bureau of criminal identification and investigation on or
before a date to be determined by the attorney general the
following information relevant to those violations or acts:
(1) The number of investigations, arrests, prosecutions, and
successful convictions of persons for a violation of section
2905.32 of the Revised Code;
(2) The estimated number and demographic characteristics of
persons violating that section, as well as those persons who
purchase or receive a commercial sex act, sexually explicit
performance, labor, or services from victims of violations of that
section;
(3) Statistics on the number of victims of violations of that
section and statistics on the nationality, age, method of
recruitment, and country, state, or city of origin of the victims
of violations of that section;
(4) Trafficking routes and trafficking patterns used in
violations of that section;
(5) Methods of transportation used in violations of that
section;
(6) Social and economic factors that contribute to and foster
the demand for all forms of exploitation of persons that leads to
trafficking in persons.
(C) As used in this section:
(1) "Commercial sex act" means any sex act on account of
which anything of value is directly or indirectly given, promised
to, or received by any person.
(2) "Labor" means work of economic or financial value.
(3) "Services" means an ongoing relationship between persons
in which a person performs activities at the behest of, under the
supervision of, or for the benefit of another person.
(4) "Sexually explicit performance" means a live, public,
private, photographed, recorded, or videotaped act intended to
sexually arouse, satisfy the sexual desires of, or appeal to the
prurient interests of any person.
(5) "Human trafficking" has the same meaning as in section
2929.01 of the Revised Code.
Sec. 109.73. (A) The Ohio peace officer training commission
shall recommend rules to the attorney general with respect to all
of the following:
(1) The approval, or revocation of approval, of peace officer
training schools administered by the state, counties, municipal
corporations, public school districts, technical college
districts, and the department of natural resources;
(2) Minimum courses of study, attendance requirements, and
equipment and facilities to be required at approved state, county,
municipal, and department of natural resources peace officer
training schools;
(3) Minimum qualifications for instructors at approved state,
county, municipal, and department of natural resources peace
officer training schools;
(4) The requirements of minimum basic training that peace
officers appointed to probationary terms shall complete before
being eligible for permanent appointment, which requirements shall
include training in the handling of the offense of domestic
violence, other types of domestic violence-related offenses and
incidents, and protection orders and consent agreements issued or
approved under section 2919.26 or 3113.31 of the Revised Code;
crisis intervention training; and training in the handling of
missing children and child abuse and neglect cases; and training
in handling violations of section 2905.32 of the Revised Code; and
the time within which such basic training shall be completed
following appointment to a probationary term;
(5) The requirements of minimum basic training that peace
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be
eligible for continued employment or permanent appointment, which
requirements shall include training in the handling of the offense
of domestic violence, other types of domestic violence-related
offenses and incidents, and protection orders and consent
agreements issued or approved under section 2919.26 or 3113.31 of
the Revised Code, crisis intervention training, and training in
the handling of missing children and child abuse and neglect
cases, and training in handling violations of section 2905.32 of
the Revised Code, and the time within which such basic training
shall be completed following appointment on other than a permanent
basis;
(6) Categories or classifications of advanced in-service
training programs for peace officers, including programs in the
handling of the offense of domestic violence, other types of
domestic violence-related offenses and incidents, and protection
orders and consent agreements issued or approved under section
2919.26 or 3113.31 of the Revised Code, in crisis intervention,
and in the handling of missing children and child abuse and
neglect cases, and in handling violations of section 2905.32 of
the Revised Code, and minimum courses of study and attendance
requirements with respect to such categories or classifications;
(7) Permitting persons, who are employed as members of a
campus police department appointed under section 1713.50 of the
Revised Code; who are employed as police officers by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code; who are appointed and commissioned as
bank, savings and loan association, savings bank, credit union, or
association of banks, savings and loan associations, savings
banks, or credit unions police officers, as railroad police
officers, or as hospital police officers pursuant to sections
4973.17 to 4973.22 of the Revised Code; or who are appointed and
commissioned as amusement park police officers pursuant to section
4973.17 of the Revised Code, to attend approved peace officer
training schools, including the Ohio peace officer training
academy, and to receive certificates of satisfactory completion of
basic training programs, if the private college or university that
established the campus police department; qualified nonprofit
corporation police department; bank, savings and loan association,
savings bank, credit union, or association of banks, savings and
loan associations, savings banks, or credit unions; railroad
company; hospital; or amusement park sponsoring the police
officers pays the entire cost of the training and certification
and if trainee vacancies are available;
(8) Permitting undercover drug agents to attend approved
peace officer training schools, other than the Ohio peace officer
training academy, and to receive certificates of satisfactory
completion of basic training programs, if, for each undercover
drug agent, the county, township, or municipal corporation that
employs that undercover drug agent pays the entire cost of the
training and certification;
(9)(a) The requirements for basic training programs for
bailiffs and deputy bailiffs of courts of record of this state and
for criminal investigators employed by the state public defender
that those persons shall complete before they may carry a firearm
while on duty;
(b) The requirements for any training received by a bailiff
or deputy bailiff of a court of record of this state or by a
criminal investigator employed by the state public defender prior
to June 6, 1986, that is to be considered equivalent to the
training described in division (A)(9)(a) of this section.
(10) Establishing minimum qualifications and requirements for
certification for dogs utilized by law enforcement agencies;
(11) Establishing minimum requirements for certification of
persons who are employed as correction officers in a full-service
jail, five-day facility, or eight-hour holding facility or who
provide correction services in such a jail or facility;
(12) Establishing requirements for the training of agents of
a county humane society under section 1717.06 of the Revised Code,
including, without limitation, a requirement that the agents
receive instruction on traditional animal husbandry methods and
training techniques, including customary owner-performed
practices.
(B) The commission shall appoint an executive director, with
the approval of the attorney general, who shall hold office during
the pleasure of the commission. The executive director shall
perform such duties assigned by the commission. The executive
director shall receive a salary fixed pursuant to Chapter 124. of
the Revised Code and reimbursement for expenses within the amounts
available by appropriation. The executive director may appoint
officers, employees, agents, and consultants as the executive
director considers necessary, prescribe their duties, and provide
for reimbursement of their expenses within the amounts available
for reimbursement by appropriation and with the approval of the
commission.
(C) The commission may do all of the following:
(1) Recommend studies, surveys, and reports to be made by the
executive director regarding the carrying out of the objectives
and purposes of sections 109.71 to 109.77 of the Revised Code;
(2) Visit and inspect any peace officer training school that
has been approved by the executive director or for which
application for approval has been made;
(3) Make recommendations, from time to time, to the executive
director, the attorney general, and the general assembly regarding
the carrying out of the purposes of sections 109.71 to 109.77 of
the Revised Code;
(4) Report to the attorney general from time to time, and to
the governor and the general assembly at least annually,
concerning the activities of the commission;
(5) Establish fees for the services the commission offers
under sections 109.71 to 109.79 of the Revised Code, including,
but not limited to, fees for training, certification, and testing;
(6) Perform such other acts as are necessary or appropriate
to carry out the powers and duties of the commission as set forth
in sections 109.71 to 109.77 of the Revised Code.
(D) In establishing the requirements, under division (A)(12)
of this section, the commission may consider any portions of the
curriculum for instruction on the topic of animal husbandry
practices, if any, of the Ohio state university college of
veterinary medicine. No person or entity that fails to provide
instruction on traditional animal husbandry methods and training
techniques, including customary owner-performed practices, shall
qualify to train a humane agent for appointment under section
1717.06 of the Revised Code.
Sec. 109.745. (A) The attorney general shall provide
training for peace officers in investigating and handling
violations of section 2905.32 of the Revised Code. The training
shall include all of the following:
(1) Identifying violations of section 2905.32 of the Revised
Code;
(2) Methods used in identifying victims of violations of
section 2905.32 of the Revised Code who are citizens of the United
States or a foreign country, including preliminary interviewing
techniques and appropriate questioning methods;
(3) Methods for prosecuting persons who violate section
2905.32 of the Revised Code;
(4) Methods of increasing effective collaboration with
nongovernmental organizations and other social service
organizations in the course of a criminal action regarding a
violation of section 2905.32 of the Revised Code;
(5) Methods for protecting the rights of victims of
violations of section 2905.32 of the Revised Code, including the
need to consider human rights and the special needs of women and
children who are victims of violations of that section and to
treat victims as victims rather than as criminals;
(6) Methods for promoting the safety of victims of violations
of section 2905.32 of the Revised Code, including the training of
peace officers to quickly recognize victims of a violation of any
of those sections who are citizens of the United States or
citizens of a foreign country.
(B) Any organization, person, or other governmental agency
with an interest and expertise in trafficking in persons may
submit information or materials to the attorney general regarding
the development and presentation of the training required under
this section. The attorney general, in developing the training
required by this section, shall consider any information submitted
pursuant to this division.
Sec. 109.746. (A) The attorney general may prepare public
awareness programs that are designed to educate potential victims
of violations of section 2905.32 of the Revised Code and their
families of the risks of becoming a victim of a violation of that
section. The attorney general may prepare these programs with
assistance from the department of health, the department of mental
health, the department of job and family services, the department
of alcohol and drug addiction services, and the department of
education.
(B) Any organization, person, or other governmental agency
with an interest and expertise in trafficking in persons may
submit information or materials to the attorney general regarding
the preparation of the programs and materials permitted under this
section. The attorney general, in developing the programs and
materials permitted by this section, shall consider any
information submitted pursuant to this division.
Sec. 2151.358. (A) The juvenile court shall expunge all
records sealed under section 2151.356 of the Revised Code five
years after the court issues a sealing order or upon the
twenty-third birthday of the person who is the subject of the
sealing order, whichever date is earlier.
(B) Notwithstanding division (A) of this section, upon
application by the person who has had a record sealed under
section 2151.356 of the Revised Code, the juvenile court may
expunge a record sealed under section 2151.356 of the Revised
Code. In making the determination whether to expunge records, all
of the following apply:
(1) The court may require a person filing an application for
expungement to submit any relevant documentation to support the
application.
(2) The court may cause an investigation to be made to
determine if the person who is the subject of the proceedings has
been rehabilitated to a satisfactory degree.
(3) The court shall promptly notify the prosecuting attorney
of any proceedings to expunge records.
(4)(a) The prosecuting attorney may file a response with the
court within thirty days of receiving notice of the expungement
proceedings.
(b) If the prosecuting attorney does not file a response with
the court or if the prosecuting attorney files a response but
indicates that the prosecuting attorney does not object to the
expungement of the records, the court may order the records of the
person that are under consideration to be expunged without
conducting a hearing on the application. If the court decides in
its discretion to conduct a hearing on the application, the court
shall conduct the hearing within thirty days after making that
decision and shall give notice, by regular mail, of the date,
time, and location of the hearing to the prosecuting attorney and
to the person who is the subject of the records under
consideration.
(c) If the prosecuting attorney files a response with the
court that indicates that the prosecuting attorney objects to the
expungement of the records, the court shall conduct a hearing on
the application within thirty days after the court receives the
response. The court shall give notice, by regular mail, of the
date, time, and location of the hearing to the prosecuting
attorney and to the person who is the subject of the records under
consideration.
(5) After conducting a hearing in accordance with division
(B)(4) of this section or after due consideration when a hearing
is not conducted, the court may order the records of the person
that are the subject of the application to be expunged if it finds
that the person has been rehabilitated to a satisfactory degree.
In determining whether the person has been rehabilitated to a
satisfactory degree, the court may consider all of the following:
(a) The age of the person;
(b) The nature of the case;
(c) The cessation or continuation of delinquent, unruly, or
criminal behavior;
(d) The education and employment history of the person;
(e) Any other circumstances that may relate to the
rehabilitation of the person who is the subject of the records
under consideration.
(C) If the juvenile court is notified by any party in a civil
action that a civil action has been filed based on a case the
records for which are the subject of a sealing order, the juvenile
court shall not expunge a record sealed under section 2151.356 of
the Revised Code until the civil action has been resolved and is
not subject to further appellate review, at which time the records
shall be expunged pursuant to division (A) of this section.
(D)(1) A juvenile court that issues a protection order or
approves a consent agreement under section 2151.34 or 3113.31 of
the Revised Code shall automatically seal all of the records of
the proceeding in which the order was issued or agreement approved
on the date the person against whom the protection order was
issued or the consent agreement approved attains the age of
nineteen years if the court determines that the person has
complied with all of the terms of the protection order or consent
agreement.
(2) In a proceeding under section 2151.34 of the Revised
Code, if the juvenile court does not issue any protection order
under division (E) of that section, the court shall automatically
seal all of the records in that proceeding. In a proceeding under
section 3113.31 of the Revised Code, if the juvenile court does
not issue any protection order or approve any consent agreement
under division (E) of that section, the court shall automatically
seal all of the records in that proceeding.
(3)(a) If a juvenile court that issues a protection order or
approves a consent agreement under section 2151.34 or 3113.31 of
the Revised Code determines that the person against whom the
protection order was issued or the consent agreement approved has
not complied with all of the terms of the protection order or
consent agreement, the court shall consider sealing all of the
records of the proceeding in which the order was issued or
agreement approved upon the court's own motion or upon the
application of a person. The court may make the motion or the
person who is the subject of the records under consideration may
apply for an order sealing the records of the proceeding at any
time after two years after the expiration of the protection order
or consent agreement.
(b) In making a determination whether to seal records
pursuant to division (D)(3) of this section, all of the following
apply:
(i) The court may require a person filing an application
under division (D)(3) of this section to submit any relevant
documentation to support the application.
(ii) The court shall promptly notify the victim or the
victim's attorney of any proceedings to seal records initiated
pursuant to division (D)(3) of this section.
(iii) The victim or the victim's attorney may file a response
with the court within thirty days of receiving notice of the
sealing proceedings.
If the victim or the victim's attorney does not file a
response with the court or if the victim or the victim's attorney
files a response but indicates that the victim or the victim's
attorney does not object to the sealing of the records, the court
may order the records of the person that are under consideration
to be sealed without conducting a hearing on the motion or
application. If the court decides in its discretion to conduct a
hearing on the motion or application, the court shall conduct the
hearing within thirty days after making that decision and shall
give notice, by regular mail, of the date, time, and location of
the hearing to the victim or the victim's attorney and to the
person who is the subject of the records under consideration.
If the victim or the victim's attorney files a response with
the court that indicates that the victim or the victim's attorney
objects to the sealing of the records, the court shall conduct a
hearing on the motion or application within thirty days after the
court receives the response. The court shall give notice, by
regular mail, of the date, time, and location of the hearing to
the victim or the victim's attorney and to the person who is the
subject of the records under consideration.
(iv) After conducting a hearing in accordance with division
(D)(3)(b)(iii) of this section or after due consideration when a
hearing is not conducted, the court may order the records of the
person that are the subject of the motion or application to be
sealed.
(4) Inspection of the records sealed pursuant to division
(D)(1), (2), or (3) of this section may be made only by the
following persons or for the following purposes:
(a) By a law enforcement officer or prosecutor, or the
assistants of either, to determine whether the nature and
character of the offense with which a person is to be charged
would be affected by virtue of the person's previously having been
convicted of a crime;
(b) By the parole or probation officer of the person who is
the subject of the records, for the exclusive use of the officer
in supervising the person while on parole or under a community
control sanction or a post-release control sanction, and in making
inquiries and written reports as requested by the court or adult
parole authority;
(c) Upon application by the person who is the subject of the
records, by the persons named in the application;
(d) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case;
(e) By a prosecuting attorney or the prosecuting attorney's
assistants, to determine a defendant's eligibility to enter a
pre-trial diversion program established pursuant to section
2935.36 of the Revised Code;
(f) By any law enforcement agency or any authorized employee
of a law enforcement agency or by the department of rehabilitation
and correction as part of a background investigation of a person
who applies for employment with the agency as a law enforcement
officer or with the department as a corrections officer;
(g) By any law enforcement agency or any authorized employee
of a law enforcement agency, for the purposes set forth in, and in
the manner provided in, section 2953.321 of the Revised Code;
(h) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(i) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of performing a criminal history records check on a person
to whom a certificate as prescribed in section 109.77 of the
Revised Code is to be awarded;
(j) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of conducting a criminal records check of an individual
pursuant to division (B) of section 109.572 of the Revised Code
that was requested pursuant to any of the sections identified in
division (B)(1) of that section;
(k) By the bureau of criminal identification and
investigation, an authorized employee of the bureau, a sheriff, or
an authorized employee of a sheriff in connection with a criminal
records check described in section 311.41 of the Revised Code;
(l) By the attorney general or an authorized employee of the
attorney general or a court for purposes of determining a person's
classification pursuant to Chapter 2950. of the Revised Code.
When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense.
(E) In addition to the methods of expungement provided for in
divisions (A) and (B) of this section, a person who has been
adjudicated a delinquent child for having committed an act that
would be a violation of section 2907.24, 2907.241, or 2907.25 of
the Revised Code if the child were an adult may apply to the
adjudicating court for the expungement of the record of
adjudication if the person's participation in the act was a result
of the person having been a victim of human trafficking. The
application shall be made in the same manner as an application for
expungement under section 2953.38 of the Revised Code, and all of
the provisions of that section shall apply to the expungement
procedure.
(F) After the records have been expunged under this section,
the person who is the subject of the expunged records properly
may, and the court shall, reply that no record exists with respect
to the person upon any inquiry in the matter.
Sec. 2152.021. (A)(1) Subject to division (A)(2) of this
section, any person having knowledge of a child who appears to be
a juvenile traffic offender or to be a delinquent child may file a
sworn complaint with respect to that child in the juvenile court
of the county in which the child has a residence or legal
settlement or in which the traffic offense or delinquent act
allegedly occurred. The sworn complaint may be upon information
and belief, and, in addition to the allegation that the child is a
delinquent child or a juvenile traffic offender, the complaint
shall allege the particular facts upon which the allegation that
the child is a delinquent child or a juvenile traffic offender is
based.
If a child appears to be a delinquent child who is eligible
for a serious youthful offender dispositional sentence under
section 2152.11 of the Revised Code and if the prosecuting
attorney desires to seek a serious youthful offender dispositional
sentence under section 2152.13 of the Revised Code in regard to
the child, the prosecuting attorney of the county in which the
alleged delinquency occurs may initiate a case in the juvenile
court of the county by presenting the case to a grand jury for
indictment, by charging the child in a bill of information as a
serious youthful offender pursuant to section 2152.13 of the
Revised Code, by requesting a serious youthful offender
dispositional sentence in the original complaint alleging that the
child is a delinquent child, or by filing with the juvenile court
a written notice of intent to seek a serious youthful offender
dispositional sentence. This paragraph does not apply regarding
the imposition of a serious youthful offender dispositional
sentence pursuant to section 2152.121 of the Revised Code.
(2) Any person having knowledge of a child who appears to be
a delinquent child for being an habitual or chronic truant may
file a sworn complaint with respect to that child, or with respect
to that child and the parent, guardian, or other person having
care of the child, in the juvenile court of the county in which
the child has a residence or legal settlement or in which the
child is supposed to attend public school. The sworn complaint may
be upon information and belief and shall allege that the child is
a delinquent child for being a chronic truant or an habitual
truant who previously has been adjudicated an unruly child for
being a habitual truant and, in addition, the particular facts
upon which that allegation is based. If the complaint contains
allegations regarding the child's parent, guardian, or other
person having care of the child, the complaint additionally shall
allege that the parent, guardian, or other person having care of
the child has failed to cause the child's attendance at school in
violation of section 3321.38 of the Revised Code and, in addition,
the particular facts upon which that allegation is based.
(B) Any person with standing under applicable law may file a
complaint for the determination of any other matter over which the
juvenile court is given jurisdiction by section 2151.23 of the
Revised Code. The complaint shall be filed in the county in which
the child who is the subject of the complaint is found or was last
known to be found.
(C) Within ten days after the filing of a complaint or the
issuance of an indictment, the court shall give written notice of
the filing of the complaint or the issuance of an indictment and
of the substance of the complaint or indictment to the
superintendent of a city, local, exempted village, or joint
vocational school district if the complaint or indictment alleges
that a child committed an act that would be a criminal offense if
committed by an adult, that the child was sixteen years of age or
older at the time of the commission of the alleged act, and that
the alleged act is any of the following:
(1) A violation of section 2923.122 of the Revised Code that
relates to property owned or controlled by, or to an activity held
under the auspices of, the board of education of that school
district;
(2) A violation of section 2923.12 of the Revised Code, of a
substantially similar municipal ordinance, or of section 2925.03
of the Revised Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district;
(3) A violation of section 2925.11 of the Revised Code that
was committed on property owned or controlled by, or at an
activity held under the auspices of, the board of education of
that school district, other than a violation of that section that
would be a minor drug possession offense if committed by an adult;
(4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or at
an activity held under the auspices of, the board of education of
that school district, if the victim at the time of the commission
of the alleged act was an employee of the board of education of
that school district;
(5) Complicity in any violation described in division (C)(1),
(2), (3), or (4) of this section that was alleged to have been
committed in the manner described in division (C)(1), (2), (3), or
(4) of this section, regardless of whether the act of complicity
was committed on property owned or controlled by, or at an
activity held under the auspices of, the board of education of
that school district.
(D) A public children services agency, acting pursuant to a
complaint or an action on a complaint filed under this section, is
not subject to the requirements of section 3127.23 of the Revised
Code.
(E) For purposes of the record to be maintained by the clerk
under division (B) of section 2152.71 of the Revised Code, when a
complaint is filed that alleges that a child is a delinquent
child, the court shall determine if the victim of the alleged
delinquent act was sixty-five years of age or older or permanently
and totally disabled at the time of the alleged commission of the
act.
(F)(1) At any time after the filing of a complaint alleging
that a child is a delinquent child and before adjudication, the
court may hold a hearing to determine whether to hold the
complaint in abeyance pending the child's successful completion of
actions that constitute a method to divert the child from the
juvenile court system if the child agrees to the hearing and
either of the following applies:
(a) The act charged would be a violation of section 2907.24,
2907.241, or 2907.25 of the Revised Code if the child were an
adult.
(b) The court has reason to believe that the child is a
victim of a violation of section 2905.32 of the Revised Code,
regardless of whether any person has been convicted of a violation
of that section or of any other section for victimizing the child,
and the act charged is related to the child's victimization.
(2) The prosecuting attorney has the right to participate in
any hearing held under division (F)(1) of this section, to object
to holding the complaint that is the subject of the hearing in
abeyance, and to make recommendations related to diversion
actions. No statement made by a child at a hearing held under
division (F)(1) of this section is admissible in any subsequent
proceeding against the child.
(3) If either division (F)(1)(a) or (b) of this section
applies, the court shall promptly appoint a guardian ad litem for
the child. The court shall not appoint the child's attorney as
guardian ad litem. If the court decides to hold the complaint in
abeyance, the guardian ad litem shall make a recommendation to the
court as to whether the court should place the child under the
protective supervision or temporary custody of a public children
services agency.
(4) If after a hearing the court decides to hold the
complaint in abeyance, it may place the child under the protective
supervision or temporary custody of a public children services
agency pursuant to section 2151.33 of the Revised Code and may
make any orders regarding placement, services, supervision,
diversion actions, and conditions of abeyance that the court
considers appropriate and in the best interest of the child. The
court may hold the complaint in abeyance for up to ninety days
while the child engages in diversion actions. If the child
violates the conditions of abeyance or does not complete the
diversion actions to the court's satisfaction within ninety days,
the court may extend the period of abeyance for not more than two
additional ninety-day periods.
(5) If the court holds the complaint in abeyance and the
child complies with the conditions of abeyance and completes the
diversion actions to the court's satisfaction, the court shall
dismiss the complaint and order that the records pertaining to the
case be expunged immediately. If the child fails to complete the
diversion actions to the court's satisfaction, the court shall
proceed upon the complaint.
Sec. 2307.51. (A) A victim of a violation of section 2905.32
of the Revised Code has and may commence a civil cause of action
against the trafficker for damages measured by the monetary
benefit received by persons other than the victim as a result of
the actions the victim was compelled to perform, regardless of
whether the trafficker was prosecuted or convicted for an alleged
violation of section 2905.32 of the Revised Code.
(B) The cause of action created by this section is in
addition to any other cause of action available under statutory or
common law.
Sec. 2743.60. (A) The attorney general, a court of claims
panel of commissioners, or a judge of the court of claims shall
not make or order an award of reparations to a claimant if the
criminally injurious conduct upon which the claimant bases a claim
never was reported to a law enforcement officer or agency.
(B)(1) The attorney general, a panel of commissioners, or a
judge of the court of claims shall not make or order an award of
reparations to a claimant if any of the following apply:
(a) The claimant is the offender or an accomplice of the
offender who committed the criminally injurious conduct, or the
award would unjustly benefit the offender or accomplice.
(b) Except as provided in division (B)(2) of this section,
both of the following apply:
(i) The victim was a passenger in a motor vehicle and knew or
reasonably should have known that the driver was under the
influence of alcohol, a drug of abuse, or both.
(ii) The claimant is seeking compensation for injuries
proximately caused by the driver described in division
(B)(1)(b)(i) of this section being under the influence of alcohol,
a drug of abuse, or both.
(c) Both of the following apply:
(i) The victim was under the influence of alcohol, a drug of
abuse, or both and was a passenger in a motor vehicle and, if
sober, should have reasonably known that the driver was under the
influence of alcohol, a drug of abuse, or both.
(ii) The claimant is seeking compensation for injuries
proximately caused by the driver described in division
(B)(1)(b)(i) of this section being under the influence of alcohol,
a drug of abuse, or both.
(2) Division (B)(1)(b) of this section does not apply if on
the date of the occurrence of the criminally injurious conduct,
the victim was under sixteen years of age or was at least sixteen
years of age but less than eighteen years of age and was riding
with a parent, guardian, or care-provider.
(C) The attorney general, a panel of commissioners, or a
judge of the court of claims, upon a finding that the claimant or
victim has not fully cooperated with appropriate law enforcement
agencies, may deny a claim or reconsider and reduce an award of
reparations.
(D) The attorney general, a panel of commissioners, or a
judge of the court of claims shall reduce an award of reparations
or deny a claim for an award of reparations that is otherwise
payable to a claimant to the extent that the economic loss upon
which the claim is based is recouped from other persons, including
collateral sources. If an award is reduced or a claim is denied
because of the expected recoupment of all or part of the economic
loss of the claimant from a collateral source, the amount of the
award or the denial of the claim shall be conditioned upon the
claimant's economic loss being recouped by the collateral source.
If the award or denial is conditioned upon the recoupment of the
claimant's economic loss from a collateral source and it is
determined that the claimant did not unreasonably fail to present
a timely claim to the collateral source and will not receive all
or part of the expected recoupment, the claim may be reopened and
an award may be made in an amount equal to the amount of expected
recoupment that it is determined the claimant will not receive
from the collateral source.
If the claimant recoups all or part of the economic loss upon
which the claim is based from any other person or entity,
including a collateral source, the attorney general may recover
pursuant to section 2743.72 of the Revised Code the part of the
award that represents the economic loss for which the claimant
received the recoupment from the other person or entity.
(E)(1) Except as otherwise provided in division (E)(2) of
this section, the attorney general, a panel of commissioners, or a
judge of the court of claims shall not make an award to a claimant
if any of the following applies:
(a) The victim was convicted of a felony within ten years
prior to the criminally injurious conduct that gave rise to the
claim or is convicted of a felony during the pendency of the
claim.
(b) The claimant was convicted of a felony within ten years
prior to the criminally injurious conduct that gave rise to the
claim or is convicted of a felony during the pendency of the
claim.
(c) It is proved by a preponderance of the evidence that the
victim or the claimant engaged, within ten years prior to the
criminally injurious conduct that gave rise to the claim or during
the pendency of the claim, in an offense of violence, a violation
of section 2925.03 of the Revised Code, or any substantially
similar offense that also would constitute a felony under the laws
of this state, another state, or the United States.
(d) The claimant was convicted of a violation of section
2919.22 or 2919.25 of the Revised Code, or of any state law or
municipal ordinance substantially similar to either section,
within ten years prior to the criminally injurious conduct that
gave rise to the claim or during the pendency of the claim.
(e) It is proved by a preponderance of the evidence that the
victim at the time of the criminally injurious conduct that gave
rise to the claim engaged in conduct that was a felony violation
of section 2925.11 of the Revised Code or engaged in any
substantially similar conduct that would constitute a felony under
the laws of this state, another state, or the United States.
(2) The attorney general, a panel of commissioners, or a
judge of the court of claims may make an award to a minor
dependent of a deceased victim for dependent's economic loss or
for counseling pursuant to division (F)(2) of section 2743.51 of
the Revised Code if the minor dependent is not ineligible under
division (E)(1) of this section due to the minor dependent's
criminal history and if the victim was not killed while engaging
in illegal conduct that contributed to the criminally injurious
conduct that gave rise to the claim. For purposes of this section,
the use of illegal drugs by the deceased victim shall not be
deemed to have contributed to the criminally injurious conduct
that gave rise to the claim.
(F) In determining whether to make an award of reparations
pursuant to this section, the attorney general or panel of
commissioners shall consider whether there was contributory
misconduct by the victim or the claimant. The attorney general, a
panel of commissioners, or a judge of the court of claims shall
reduce an award of reparations or deny a claim for an award of
reparations to the extent it is determined to be reasonable
because of the contributory misconduct of the claimant or the
victim.
When the attorney general decides whether a claim should be
denied because of an allegation of contributory misconduct, the
burden of proof on the issue of that alleged contributory
misconduct shall be upon the claimant, if either of the following
apply:
(1) The victim was convicted of a felony more than ten years
prior to the criminally injurious conduct that is the subject of
the claim or has a record of felony arrests under the laws of this
state, another state, or the United States.
(2) There is good cause to believe that the victim engaged in
an ongoing course of criminal conduct within five years or less of
the criminally injurious conduct that is the subject of the claim.
(G) The attorney general, a panel of commissioners, or a
judge of the court of claims shall not make an award of
reparations to a claimant if the criminally injurious conduct that
caused the injury or death that is the subject of the claim
occurred to a victim who was an adult and while the victim, after
being convicted of or pleading guilty to an offense, was serving a
sentence of imprisonment in any detention facility, as defined in
section 2921.01 of the Revised Code.
(H) If a claimant unreasonably fails to present a claim
timely to a source of benefits or advantages that would have been
a collateral source and that would have reimbursed the claimant
for all or a portion of a particular expense, the attorney
general, a panel of commissioners, or a judge of the court of
claims may reduce an award of reparations or deny a claim for an
award of reparations to the extent that it is reasonable to do so.
(I) Reparations payable to a victim and to all other
claimants sustaining economic loss because of injury to or the
death of that victim shall not exceed fifty thousand dollars in
the aggregate. If the attorney general, a panel of commissioners,
or a judge of the court of claims reduces an award under division
(F) of this section, the maximum aggregate amount of reparations
payable under this division shall be reduced proportionately to
the reduction under division (F) of this section.
(J) Nothing in this section shall be construed to prohibit an
award to a claimant whose claim is based on the claimant's being a
victim of a violation of section 2905.32 of the Revised Code if
the claimant was less than eighteen years of age when the
criminally injurious conduct occurred.
Sec. 2905.32. (A) No person shall knowingly recruit, solicit,
lure, entice, isolate, harbor, transport, provide, obtain, or
maintain, or knowingly attempt to recruit, solicit, lure, entice,
isolate, harbor, transport, provide, obtain, or maintain, another
person knowing that the person will be subjected to involuntary
servitude or be compelled to engage in sexual activity for hire,
engage in a performance that is obscene, sexually oriented, or
nudity oriented, or be a model or participant in the production of
material that is obscene, sexually oriented, or nudity oriented.
(B) For a prosecution under this section, the element
"compelled" does not require that the compulsion be openly
displayed or physically exerted. The element "compelled" has been
established if the state proves that the victim's will was
overcome by force, fear, duress, or intimidation.
(C) In a prosecution under this section, proof that the
defendant engaged in sexual activity with any person, or solicited
sexual activity with any person, whether or not for hire, without
more, does not constitute a violation of this section.
(D) A prosecution for a violation of this section does not
preclude a prosecution of a violation of any other section of the
Revised Code. One or more acts, a series of acts, or a course of
behavior that can be prosecuted under this section or any other
section of the Revised Code may be prosecuted under this section,
the other section of the Revised Code, or both sections. However,
if an offender is convicted of or pleads guilty to a violation of
this section and also is convicted of or pleads guilty to any
other offense based on the same conduct involving the same victim
that was the basis of the violation of this section, the two
offenses are allied offenses of similar import under section
2941.25 of the Revised Code.
(E)(D) Whoever violates this section is guilty of trafficking
in persons, a felony of the second first degree.
Notwithstanding
division (A)(1) of section 2929.14 of the Revised Code, the court
shall sentence the offender to a definite prison term of ten,
eleven, twelve, thirteen, fourteen, or fifteen years.
Sec. 2907.04. (A)(1) No person who is eighteen years of age
or older shall engage in sexual conduct with another, who is not
the spouse of the offender, when the offender knows the other
person is thirteen years of age or older but less than sixteen
years of age, or the offender is reckless in that regard.
(2) No person shall engage in sexual conduct for hire with
another, who is not the spouse of the offender, when the other
person is thirteen years of age or older but less than sixteen
years of age, regardless of whether the offender knows the other
person's age.
(3) No person shall engage in sexual conduct for hire with
another, who is not the spouse of the offender, when the other
person is sixteen or seventeen years of age, regardless of whether
the offender knows the other person's age.
(B) Whoever violates this section is guilty of unlawful
sexual conduct with a minor.
(1) Except as otherwise provided in divisions (B)(2), (3),
and (4) of this section, unlawful sexual conduct with a minor in
violation of division (A)(1) of this section is a felony of the
fourth degree.
(2) Except as otherwise provided in division (B)(4) of this
section, if the offender is less than four years older than the
other person, unlawful sexual conduct with a minor in violation of
division (A)(1) of this section is a misdemeanor of the first
degree.
(3) Except as otherwise provided in division (B)(4) of this
section, if the offender is ten or more years older than the other
person, unlawful sexual conduct with a minor in violation of
division (A)(1) of this section is a felony of the third degree.
(4) If the offender previously has been convicted of or
pleaded guilty to a violation of section 2907.02, 2907.03, or
2907.04 of the Revised Code or a violation of former section
2907.12 of the Revised Code, unlawful sexual conduct with a minor
in violation of division (A)(1) of this section is a felony of the
second degree.
(5) Unlawful sexual conduct with a minor in violation of
division (A)(2) of this section is a felony of the second degree.
(6) Unlawful sexual conduct with a minor in violation of
division (A)(3) of this section is a felony of the third degree.
Sec. 2921.32. (A) No person, with purpose to hinder the
discovery, apprehension, prosecution, conviction, or punishment of
another for crime or to assist another to benefit from the
commission of a crime, and no person, with purpose to hinder the
discovery, apprehension, prosecution, adjudication as a delinquent
child, or disposition of a child for an act that if committed by
an adult would be a crime or to assist a child to benefit from the
commission of an act that if committed by an adult would be a
crime, shall do any of the following:
(1) Harbor or conceal the other person or child;
(2) Provide the other person or child with money,
transportation, a weapon, a disguise, or other means of avoiding
discovery or apprehension;
(3) Warn the other person or child of impending discovery or
apprehension;
(4) Destroy or conceal physical evidence of the crime or act,
or induce any person to withhold testimony or information or to
elude legal process summoning the person to testify or supply
evidence;
(5) Communicate false information to any person;
(6) Prevent or obstruct any person, by means of force,
intimidation, or deception, from performing any act to aid in the
discovery, apprehension, or prosecution of the other person or
child.
(B) A person may be prosecuted for, and may be convicted of
or adjudicated a delinquent child for committing, a violation of
division (A) of this section regardless of whether the person or
child aided ultimately is apprehended for, is charged with, is
convicted of, pleads guilty to, or is adjudicated a delinquent
child for committing the crime or act the person or child aided
committed. The crime or act the person or child aided committed
shall be used under division (C) of this section in determining
the penalty for the violation of division (A) of this section,
regardless of whether the person or child aided ultimately is
apprehended for, is charged with, is convicted of, pleads guilty
to, or is adjudicated a delinquent child for committing the crime
or act the person or child aided committed.
(C)(1) Whoever violates this section is guilty of obstructing
justice.
(2) If the crime committed by the person aided is a
misdemeanor or if the act committed by the child aided would be a
misdemeanor if committed by an adult, obstructing justice is a
misdemeanor of the same degree as the crime committed by the
person aided or a misdemeanor of the same degree that the act
committed by the child aided would be if committed by an adult.
(3) Except as otherwise provided in divisions (C)(4) and (5)
of this section, if the crime committed by the person aided is a
felony or if the act committed by the child aided would be a
felony if committed by an adult, obstructing justice is a felony
of the fifth degree.
(4) If the crime committed by the person aided is aggravated
murder, murder, or a felony of the first or second degree or if
the act committed by the child aided would be one of those
offenses if committed by an adult and if the offender knows or has
reason to believe that the crime committed by the person aided is
one of those offenses or that the act committed by the child aided
would be one of those offenses if committed by an adult,
obstructing justice is a felony of the third second degree.
(5) If the crime or act committed by the person or child
aided is an act of terrorism, obstructing justice is one of the
following:
(a) Except as provided in division (C)(5)(b) of this section,
a felony of the second degree;
(b) If the act of terrorism resulted in the death of a person
who was not a participant in the act of terrorism, a felony of the
first degree.
(D) As used in this section:
(1) "Adult" and "child" have the same meanings as in section
2151.011 of the Revised Code.
(2) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(3) "Act of terrorism" has the same meaning as in section
2909.21 of the Revised Code.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a trust
in which the trustee holds title to personal or real property;
(2) The interest of a person as a beneficiary under any other
trust arrangement under which any other person holds title to
personal or real property for the benefit of such person;
(3) The interest of a person under any other form of express
fiduciary arrangement under which any other person holds title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more incidents
of corrupt activity, whether or not there has been a prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall occur
on or after January 1, 1986. Unless any incident was an aggravated
murder or murder, the last of the incidents forming the pattern
shall occur within six years after the commission of any prior
incident forming the pattern, excluding any period of imprisonment
served by any person engaging in the corrupt activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a felony
under the laws of this state in existence at the time it was
committed or, if committed in violation of the laws of the United
States or of any other state, shall constitute a felony under the
law of the United States or the other state and would be a
criminal offense under the law of this state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable instrument, a
commercial interest, or anything of value, as defined in section
1.03 of the Revised Code, or any other property or service that
has a value in excess of one hundred dollars.
(G) "Person" means any person, as defined in section 1.59 of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11, 2905.22, 2905.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31,
2913.05, 2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12,
2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of
section 1707.44; division (A)(1) or (2) of section 2923.20;
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or
4719.06; division (C), (D), or (E) of section 4719.07; section
4719.08; or division (A) of section 4719.09 of the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after July 1, 1996, and that, had it occurred prior to that
date, would have been a violation of section 3769.11 of the
Revised Code as it existed prior to that date, or any violation of
section 2915.05 of the Revised Code that occurs on or after July
1, 1996, and that, had it occurred prior to that date, would have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the Revised Code, any violation of section 2925.11 of the
Revised Code that is a felony of the first, second, third, or
fourth degree and that occurs on or after July 1, 1996, any
violation of section 2915.02 of the Revised Code that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred prior to that date, would not have been a violation of
section 3769.11 of the Revised Code as it existed prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of division (B) of
section 2915.05 of the Revised Code as it exists on and after July
1, 1996, when the proceeds of the violation, the payments made in
the violation, the amount of a claim for payment or for any other
benefit that is false or deceptive and that is involved in the
violation, or the value of the contraband or other property
illegally possessed, sold, or purchased in the violation exceeds
one thousand dollars, or any combination of violations described
in division (I)(2)(c) of this section when the total proceeds of
the combination of violations, payments made in the combination of
violations, amount of the claims for payment or for other benefits
that is false or deceptive and that is involved in the combination
of violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds one thousand dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally possessed,
sold, or purchased in the violation or combination of violations
exceeds one thousand dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this section and violations of section 2907.32 of the
Revised Code involving any material or performance containing a
display of bestiality or of sexual conduct, as defined in section
2907.01 of the Revised Code, that is explicit and depicted with
clearly visible penetration of the genitals or clearly visible
penetration by the penis of any orifice when the total proceeds of
the combination of violations, payments made in the combination of
violations, amount of the claims for payment or for other benefits
that is false or deceptive and that is involved in the combination
of violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds one thousand dollars;
(g) Any violation of section 2905.32 of the Revised Code to
the extent the violation is not based solely on the same conduct
that constitutes corrupt activity pursuant to division (I)(2)(c)
of this section due to the conduct being in violation of section
2907.21 of the Revised Code.
(3) Conduct constituting a violation of any law of any state
other than this state that is substantially similar to the conduct
described in division (I)(2) of this section, provided the
defendant was convicted of the conduct in a criminal proceeding in
the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any
law of any state other than this state, that is substantially
similar to organized retail theft, and that if committed in this
state would be organized retail theft, if the defendant was
convicted of or pleaded guilty to the conduct in a criminal
proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the
intent of the general assembly to add organized retail theft and
the conduct described in division (I)(5)(a)(ii) of this section as
conduct constituting corrupt activity. The enactment of division
(I)(5)(a) of this section and the addition by division (I)(5)(a)
of this section of organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity does not limit or preclude, and
shall not be construed as limiting or precluding, any prosecution
for a violation of section 2923.32 of the Revised Code that is
based on one or more violations of section 2913.02 or 2913.51 of
the Revised Code, one or more similar offenses under the laws of
this state or any other state, or any combination of any of those
violations or similar offenses, even though the conduct
constituting the basis for those violations or offenses could be
construed as also constituting organized retail theft or conduct
of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any interest
in real property, including, but not limited to, any lease of, or
mortgage upon, real property. Real property and any beneficial
interest in it is deemed to be located where the real property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator with
the will annexed, testamentary trustee, guardian, or committee,
appointed by, under the control of, or accountable to a court.
(L) "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in this state in whole or in part because the debt
was incurred or contracted in violation of any federal or state
law relating to the business of gambling activity or relating to
the business of lending money at an usurious rate unless the
creditor proves, by a preponderance of the evidence, that the
usurious rate was not intentionally set and that it resulted from
a good faith error by the creditor, notwithstanding the
maintenance of procedures that were adopted by the creditor to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or attempted.
(Q) "Organized retail theft" means the theft of retail
property with a retail value of one thousand dollars or more from
one or more retail establishments with the intent to sell,
deliver, or transfer that property to a retail property fence.
(R) "Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.
(S) "Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was
represented to the person as being stolen or that the person knows
or believes to be stolen.
(T) "Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail
property equals or exceeds one thousand dollars, the value of all
retail property stolen from the retail establishment or retail
establishments by the same person or persons within any
one-hundred-eighty-day period shall be aggregated.
Sec. 2929.13. (A) Except as provided in division (E), (F),
or (G) of this section and unless a specific sanction is required
to be imposed or is precluded from being imposed pursuant to law,
a court that imposes a sentence upon an offender for a felony may
impose any sanction or combination of sanctions on the offender
that are provided in sections 2929.14 to 2929.18 of the Revised
Code.
If the offender is eligible to be sentenced to community
control sanctions, the court shall consider the appropriateness of
imposing a financial sanction pursuant to section 2929.18 of the
Revised Code or a sanction of community service pursuant to
section 2929.17 of the Revised Code as the sole sanction for the
offense. Except as otherwise provided in this division, if the
court is required to impose a mandatory prison term for the
offense for which sentence is being imposed, the court also shall
impose any financial sanction pursuant to section 2929.18 of the
Revised Code that is required for the offense and may impose any
other financial sanction pursuant to that section but may not
impose any additional sanction or combination of sanctions under
section 2929.16 or 2929.17 of the Revised Code.
If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in addition
to the mandatory term of local incarceration or the mandatory
prison term required for the offense by division (G)(1) or (2) of
this section, the court shall impose upon the offender a mandatory
fine in accordance with division (B)(3) of section 2929.18 of the
Revised Code and may impose whichever of the following is
applicable:
(1) For a fourth degree felony OVI offense for which sentence
is imposed under division (G)(1) of this section, an additional
community control sanction or combination of community control
sanctions under section 2929.16 or 2929.17 of the Revised Code. If
the court imposes upon the offender a community control sanction
and the offender violates any condition of the community control
sanction, the court may take any action prescribed in division (B)
of section 2929.15 of the Revised Code relative to the offender,
including imposing a prison term on the offender pursuant to that
division.
(2) For a third or fourth degree felony OVI offense for which
sentence is imposed under division (G)(2) of this section, an
additional prison term as described in division (B)(4) of section
2929.14 of the Revised Code or a community control sanction as
described in division (G)(2) of this section.
(B)(1)(a) Except as provided in division (B)(1)(b) of this
section, if an offender is convicted of or pleads guilty to a
felony of the fourth or fifth degree that is not an offense of
violence, the court shall sentence the offender to a community
control sanction of at least one year's duration if all of the
following apply:
(i) The offender previously has not been convicted of or
pleaded guilty to a felony offense or to an offense of violence
that is a misdemeanor and that the offender committed within two
years prior to the offense for which sentence is being imposed.
(ii) The most serious charge against the offender at the time
of sentencing is a felony of the fourth or fifth degree.
(iii) If the court made a request of the department of
rehabilitation and correction pursuant to division (B)(1)(c) of
this section, the department, within the forty-five-day period
specified in that division, provided the court with the names of,
contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court.
(b) The court has discretion to impose a prison term upon an
offender who is convicted of or pleads guilty to a felony of the
fourth or fifth degree that is not an offense of violence if any
of the following apply:
(i) The offender committed the offense while having a firearm
on or about the offender's person or under the offender's control.
(ii) The offender caused physical harm to another person
while committing the offense.
(iii) The offender violated a term of the conditions of bond
as set by the court.
(iv) The court made a request of the department of
rehabilitation and correction pursuant to division (B)(1)(c) of
this section, and the department, within the forty-five-day period
specified in that division, did not provide the court with the
name of, contact information for, and program details of any
community control sanction of at least one year's duration that is
available for persons sentenced by the court.
(c) If a court that is sentencing an offender who is
convicted of or pleads guilty to a felony of the fourth or fifth
degree that is not an offense of violence believes that no
community control sanctions are available for its use that, if
imposed on the offender, will adequately fulfill the overriding
principles and purposes of sentencing, the court shall contact the
department of rehabilitation and correction and ask the department
to provide the court with the names of, contact information for,
and program details of one or more community control sanctions of
at least one year's duration that are available for persons
sentenced by the court. Not later than forty-five days after
receipt of a request from a court under this division, the
department shall provide the court with the names of, contact
information for, and program details of one or more community
control sanctions of at least one year's duration that are
available for persons sentenced by the court, if any. Upon making
a request under this division that relates to a particular
offender, a court shall defer sentencing of that offender until it
receives from the department the names of, contact information
for, and program details of one or more community control
sanctions of at least one year's duration that are available for
persons sentenced by the court or for forty-five days, whichever
is the earlier.
If the department provides the court with the names of,
contact information for, and program details of one or more
community control sanctions of at least one year's duration that
are available for persons sentenced by the court within the
forty-five-day period specified in this division, the court shall
impose upon the offender a community control sanction under
division (B)(1)(a) of this section, subject to divisions
(B)(1)(b)(i) and (ii) of this section. If the department does not
provide the court with the names of, contact information for, and
program details of one or more community control sanctions of at
least one year's duration that are available for persons sentenced
by the court within the forty-five-day period specified in this
division, the court may impose upon the offender a prison term
under division (B)(1)(b)(iii) of this section.
(d) A sentencing court may impose an additional penalty under
division (B) of section 2929.15 of the Revised Code upon an
offender sentenced to a community control sanction under division
(B)(1)(a) of this section if the offender violates the conditions
of the community control sanction, violates a law, or leaves the
state without the permission of the court or the offender's
probation officer.
(2) If division (B)(1) of this section does not apply, except
as provided in division (B)(3), (E), (F), or (G) of this section,
in sentencing an offender for a felony of the fourth or fifth
degree, the sentencing court shall determine whether any of the
following apply:
(a) In committing the offense, the offender caused physical
harm to a person.
(b) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person with a
deadly weapon.
(c) In committing the offense, the offender attempted to
cause or made an actual threat of physical harm to a person, and
the offender previously was convicted of an offense that caused
physical harm to a person.
(d) The offender held a public office or position of trust
and the offense related to that office or position; the offender's
position obliged the offender to prevent the offense or to bring
those committing it to justice; or the offender's professional
reputation or position facilitated the offense or was likely to
influence the future conduct of others.
(e) The offender committed the offense for hire or as part of
an organized criminal activity.
(f) The offense is a sex offense that is a fourth or fifth
degree felony violation of section 2907.03, 2907.04, 2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the
Revised Code.
(g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term.
(h) The offender committed the offense while under a
community control sanction, while on probation, or while released
from custody on a bond or personal recognizance.
(i) The offender committed the offense while in possession of
a firearm.
(3)(a) If the court makes a finding described in division
(B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this
section and if the court, after considering the factors set forth
in section 2929.12 of the Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the
offender is not amenable to an available community control
sanction, the court shall impose a prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this
section, if the court does not make a finding described in
division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of
this section and if the court, after considering the factors set
forth in section 2929.12 of the Revised Code, finds that a
community control sanction or combination of community control
sanctions is consistent with the purposes and principles of
sentencing set forth in section 2929.11 of the Revised Code, the
court shall impose a community control sanction or combination of
community control sanctions upon the offender.
(C) Except as provided in division (D), (E), (F), or (G) of
this section, in determining whether to impose a prison term as a
sanction for a felony of the third degree or a felony drug offense
that is a violation of a provision of Chapter 2925. of the Revised
Code and that is specified as being subject to this division for
purposes of sentencing, the sentencing court shall comply with the
purposes and principles of sentencing under section 2929.11 of the
Revised Code and with section 2929.12 of the Revised Code.
(D)(1) Except as provided in division (E) or (F) of this
section, for a felony of the first or second degree, for a felony
drug offense that is a violation of any provision of Chapter
2925., 3719., or 4729. of the Revised Code for which a presumption
in favor of a prison term is specified as being applicable, and
for a violation of division (A)(4) or (B) of section 2907.05 of
the Revised Code for which a presumption in favor of a prison term
is specified as being applicable, it is presumed that a prison
term is necessary in order to comply with the purposes and
principles of sentencing under section 2929.11 of the Revised
Code. Division (D)(2) of this section does not apply to a
presumption established under this division for a violation of
division (A)(4) of section 2907.05 of the Revised Code.
(2) Notwithstanding the presumption established under
division (D)(1) of this section for the offenses listed in that
division other than a violation of division (A)(4) or (B) of
section 2907.05 of the Revised Code, the sentencing court may
impose a community control sanction or a combination of community
control sanctions instead of a prison term on an offender for a
felony of the first or second degree or for a felony drug offense
that is a violation of any provision of Chapter 2925., 3719., or
4729. of the Revised Code for which a presumption in favor of a
prison term is specified as being applicable if it makes both of
the following findings:
(a) A community control sanction or a combination of
community control sanctions would adequately punish the offender
and protect the public from future crime, because the applicable
factors under section 2929.12 of the Revised Code indicating a
lesser likelihood of recidivism outweigh the applicable factors
under that section indicating a greater likelihood of recidivism.
(b) A community control sanction or a combination of
community control sanctions would not demean the seriousness of
the offense, because one or more factors under section 2929.12 of
the Revised Code that indicate that the offender's conduct was
less serious than conduct normally constituting the offense are
applicable, and they outweigh the applicable factors under that
section that indicate that the offender's conduct was more serious
than conduct normally constituting the offense.
(E)(1) Except as provided in division (F) of this section,
for any drug offense that is a violation of any provision of
Chapter 2925. of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a presumption
under division (D) of this section in favor of a prison term or of
division (B) or (C) of this section in determining whether to
impose a prison term for the offense shall be determined as
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the
Revised Code, whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to
a felony violates the conditions of a community control sanction
imposed for the offense solely by reason of producing positive
results on a drug test, the court, as punishment for the violation
of the sanction, shall not order that the offender be imprisoned
unless the court determines on the record either of the following:
(a) The offender had been ordered as a sanction for the
felony to participate in a drug treatment program, in a drug
education program, or in narcotics anonymous or a similar program,
and the offender continued to use illegal drugs after a reasonable
period of participation in the program.
(b) The imprisonment of the offender for the violation is
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code.
(3) A court that sentences an offender for a drug abuse
offense that is a felony of the third, fourth, or fifth degree may
require that the offender be assessed by a properly credentialed
professional within a specified period of time. The court shall
require the professional to file a written assessment of the
offender with the court. If the offender is eligible for a
community control sanction and after considering the written
assessment, the court may impose a community control sanction that
includes treatment and recovery support services authorized by
section 3793.02 of the Revised Code. If the court imposes
treatment and recovery support services as a community control
sanction, the court shall direct the level and type of treatment
and recovery support services after considering the assessment and
recommendation of treatment and recovery support services
providers.
(F) Notwithstanding divisions (A) to (E) of this section, the
court shall impose a prison term or terms under sections 2929.02
to 2929.06, section 2929.14, section 2929.142, or section 2971.03
of the Revised Code and except as specifically provided in section
2929.20, divisions (C) to (I) of section 2967.19, or section
2967.191 of the Revised Code or when parole is authorized for the
offense under section 2967.13 of the Revised Code shall not reduce
the term or terms pursuant to section 2929.20, section 2967.19,
section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code for any of the following
offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had the offender completed the rape that was attempted, the
offender would have been guilty of a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code and would be
sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim
is less than thirteen years of age and if any of the following
applies:
(a) Regarding gross sexual imposition, the offender
previously was convicted of or pleaded guilty to rape, the former
offense of felonious sexual penetration, gross sexual imposition,
or sexual battery, and the victim of the previous offense was less
than thirteen years of age;
(b) Regarding gross sexual imposition, the offense was
committed on or after August 3, 2006, and evidence other than the
testimony of the victim was admitted in the case corroborating the
violation.
(c) Regarding sexual battery, either of the following
applies:
(i) The offense was committed prior to August 3, 2006, the
offender previously was convicted of or pleaded guilty to rape,
the former offense of felonious sexual penetration, or sexual
battery, and the victim of the previous offense was less than
thirteen years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06, 2903.08,
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code
if the section requires the imposition of a prison term;
(5) A first, second, or third degree felony drug offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is applicable regarding the
violation, requires the imposition of a mandatory prison term;
(6) Any offense that is a first or second degree felony and
that is not set forth in division (F)(1), (2), (3), or (4) of this
section, if the offender previously was convicted of or pleaded
guilty to aggravated murder, murder, any first or second degree
felony, or an offense under an existing or former law of this
state, another state, or the United States that is or was
substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and either is a
violation of section 2903.04 of the Revised Code or an attempt to
commit a felony of the second degree that is an offense of
violence and involved an attempt to cause serious physical harm to
a person or that resulted in serious physical harm to a person if
the offender previously was convicted of or pleaded guilty to any
of the following offenses:
(a) Aggravated murder, murder, involuntary manslaughter,
rape, felonious sexual penetration as it existed under section
2907.12 of the Revised Code prior to September 3, 1996, a felony
of the first or second degree that resulted in the death of a
person or in physical harm to a person, or complicity in or an
attempt to commit any of those offenses;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense listed in division (F)(7)(a) of this
section that resulted in the death of a person or in physical harm
to a person.
(8) Any offense, other than a violation of section 2923.12 of
the Revised Code, that is a felony, if the offender had a firearm
on or about the offender's person or under the offender's control
while committing the felony, with respect to a portion of the
sentence imposed pursuant to division (B)(1)(a) of section 2929.14
of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the offender
wore or carried body armor while committing the felony offense of
violence, with respect to the portion of the sentence imposed
pursuant to division (B)(1)(d) of section 2929.14 of the Revised
Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of the
Revised Code when the most serious offense in the pattern of
corrupt activity that is the basis of the offense is a felony of
the first degree;
(11) Any violent sex offense or designated homicide, assault,
or kidnapping offense if, in relation to that offense, the
offender is adjudicated a sexually violent predator;
(12) A violation of division (A)(1) or (2) of section 2921.36
of the Revised Code, or a violation of division (C) of that
section involving an item listed in division (A)(1) or (2) of that
section, if the offender is an officer or employee of the
department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the victim of the offense is a peace
officer, as defined in section 2935.01 of the Revised Code, or an
investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
with respect to the portion of the sentence imposed pursuant to
division (B)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06
of the Revised Code if the offender has been convicted of or
pleaded guilty to three or more violations of division (A) or (B)
of section 4511.19 of the Revised Code or an equivalent offense,
as defined in section 2941.1415 of the Revised Code, or three or
more violations of any combination of those divisions and
offenses, with respect to the portion of the sentence imposed
pursuant to division (B)(6) of section 2929.14 of the Revised
Code;
(15) Kidnapping, in the circumstances specified in section
2971.03 of the Revised Code and when no other provision of
division (F) of this section applies;
(16) Kidnapping, abduction, compelling prostitution,
promoting prostitution, engaging in a pattern of corrupt activity,
illegal use of a minor in a nudity-oriented material or
performance in violation of division (A)(1) or (2) of section
2907.323 of the Revised Code, or endangering children in violation
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of
the Revised Code, if the offender is convicted of or pleads guilty
to a specification as described in section 2941.1422 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense;
(17) A felony violation of division (A) or (B) of section
2919.25 of the Revised Code if division (D)(3), (4), or (5) of
that section, and division (D)(6) of that section, require the
imposition of a prison term;
(18) A felony violation of section 2903.11, 2903.12, or
2903.13 of the Revised Code, if the victim of the offense was a
woman that the offender knew was pregnant at the time of the
violation, with respect to a portion of the sentence imposed
pursuant to division (B)(8) of section 2929.14 of the Revised
Code.
(G) Notwithstanding divisions (A) to (E) of this section, if
an offender is being sentenced for a fourth degree felony OVI
offense or for a third degree felony OVI offense, the court shall
impose upon the offender a mandatory term of local incarceration
or a mandatory prison term in accordance with the following:
(1) If the offender is being sentenced for a fourth degree
felony OVI offense and if the offender has not been convicted of
and has not pleaded guilty to a specification of the type
described in section 2941.1413 of the Revised Code, the court may
impose upon the offender a mandatory term of local incarceration
of sixty days or one hundred twenty days as specified in division
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall
not reduce the term pursuant to section 2929.20, 2967.193, or any
other provision of the Revised Code. The court that imposes a
mandatory term of local incarceration under this division shall
specify whether the term is to be served in a jail, a
community-based correctional facility, a halfway house, or an
alternative residential facility, and the offender shall serve the
term in the type of facility specified by the court. A mandatory
term of local incarceration imposed under division (G)(1) of this
section is not subject to any other Revised Code provision that
pertains to a prison term except as provided in division (A)(1) of
this section.
(2) If the offender is being sentenced for a third degree
felony OVI offense, or if the offender is being sentenced for a
fourth degree felony OVI offense and the court does not impose a
mandatory term of local incarceration under division (G)(1) of
this section, the court shall impose upon the offender a mandatory
prison term of one, two, three, four, or five years if the
offender also is convicted of or also pleads guilty to a
specification of the type described in section 2941.1413 of the
Revised Code or shall impose upon the offender a mandatory prison
term of sixty days or one hundred twenty days as specified in
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code
if the offender has not been convicted of and has not pleaded
guilty to a specification of that type. Subject to divisions (C)
to (I) of section 2967.19 of the Revised Code, the court shall not
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or
any other provision of the Revised Code. The offender shall serve
the one-, two-, three-, four-, or five-year mandatory prison term
consecutively to and prior to the prison term imposed for the
underlying offense and consecutively to any other mandatory prison
term imposed in relation to the offense. In no case shall an
offender who once has been sentenced to a mandatory term of local
incarceration pursuant to division (G)(1) of this section for a
fourth degree felony OVI offense be sentenced to another mandatory
term of local incarceration under that division for any violation
of division (A) of section 4511.19 of the Revised Code. In
addition to the mandatory prison term described in division (G)(2)
of this section, the court may sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the
Revised Code, but the offender shall serve the prison term prior
to serving the community control sanction. The department of
rehabilitation and correction may place an offender sentenced to a
mandatory prison term under this division in an intensive program
prison established pursuant to section 5120.033 of the Revised
Code if the department gave the sentencing judge prior notice of
its intent to place the offender in an intensive program prison
established under that section and if the judge did not notify the
department that the judge disapproved the placement. Upon the
establishment of the initial intensive program prison pursuant to
section 5120.033 of the Revised Code that is privately operated
and managed by a contractor pursuant to a contract entered into
under section 9.06 of the Revised Code, both of the following
apply:
(a) The department of rehabilitation and correction shall
make a reasonable effort to ensure that a sufficient number of
offenders sentenced to a mandatory prison term under this division
are placed in the privately operated and managed prison so that
the privately operated and managed prison has full occupancy.
(b) Unless the privately operated and managed prison has full
occupancy, the department of rehabilitation and correction shall
not place any offender sentenced to a mandatory prison term under
this division in any intensive program prison established pursuant
to section 5120.033 of the Revised Code other than the privately
operated and managed prison.
(H) If an offender is being sentenced for a sexually oriented
offense or child-victim oriented offense that is a felony
committed on or after January 1, 1997, the judge shall require the
offender to submit to a DNA specimen collection procedure pursuant
to section 2901.07 of the Revised Code.
(I) If an offender is being sentenced for a sexually oriented
offense or a child-victim oriented offense committed on or after
January 1, 1997, the judge shall include in the sentence a summary
of the offender's duties imposed under sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code and the duration of the
duties. The judge shall inform the offender, at the time of
sentencing, of those duties and of their duration. If required
under division (A)(2) of section 2950.03 of the Revised Code, the
judge shall perform the duties specified in that section, or, if
required under division (A)(6) of section 2950.03 of the Revised
Code, the judge shall perform the duties specified in that
division.
(J)(1) Except as provided in division (J)(2) of this section,
when considering sentencing factors under this section in relation
to an offender who is convicted of or pleads guilty to an attempt
to commit an offense in violation of section 2923.02 of the
Revised Code, the sentencing court shall consider the factors
applicable to the felony category of the violation of section
2923.02 of the Revised Code instead of the factors applicable to
the felony category of the offense attempted.
(2) When considering sentencing factors under this section in
relation to an offender who is convicted of or pleads guilty to an
attempt to commit a drug abuse offense for which the penalty is
determined by the amount or number of unit doses of the controlled
substance involved in the drug abuse offense, the sentencing court
shall consider the factors applicable to the felony category that
the drug abuse offense attempted would be if that drug abuse
offense had been committed and had involved an amount or number of
unit doses of the controlled substance that is within the next
lower range of controlled substance amounts than was involved in
the attempt.
(K) As used in this section, "drug abuse offense" has the
same meaning as in section 2925.01 of the Revised Code.
(L) At the time of sentencing an offender for any sexually
oriented offense, if the offender is a tier III sex
offender/child-victim offender relative to that offense and the
offender does not serve a prison term or jail term, the court may
require that the offender be monitored by means of a global
positioning device. If the court requires such monitoring, the
cost of monitoring shall be borne by the offender. If the offender
is indigent, the cost of compliance shall be paid by the crime
victims reparations fund.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Sexually oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age:
(1) A violation of section 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,
2907.322, or 2907.323 of the Revised Code;
(2) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(3) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(5) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(6) A violation of division (A)(3) of section 2903.211 of the
Revised Code;
(7) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(8) A violation of division (A)(4) of section 2905.01 of the
Revised Code;
(9) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(10) A violation of division (B) of section 2905.02, of
division (B) of section 2905.03, of division (B) of section
2905.05, or of division (B)(5) of section 2919.22 of the Revised
Code;
(11) A violation of section 2905.32 of the Revised Code when
the offender knowingly recruited, solicited, lured, enticed,
isolated, harbored, transported, provided, obtained, or
maintained, or knowingly attempted to recruit, solicit, lure,
entice, isolate, harbor, transport, provide, obtain, or maintain,
another person knowing that the person would be compelled to
engage in sexual activity for hire, engage in a performance that
was obscene, sexually oriented, or nudity oriented, or be a model
or participant in the production of material that was obscene,
sexually oriented, or nudity oriented;
(12) A violation of any former law of this state, any
existing or former municipal ordinance or law of another state or
the United States, any existing or former law applicable in a
military court or in an Indian tribal court, or any existing or
former law of any nation other than the United States that is or
was substantially equivalent to any offense listed in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10), or (11)
of this section;
(12)(13) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (A)(1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11), or (12) of
this section.
(B)(1) "Sex offender" means, subject to division (B)(2) of
this section, a person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing any sexually oriented offense.
(2) "Sex offender" does not include a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing a sexually oriented
offense if the offense involves consensual sexual conduct or
consensual sexual contact and either of the following applies:
(a) The victim of the sexually oriented offense was eighteen
years of age or older and at the time of the sexually oriented
offense was not under the custodial authority of the person who is
convicted of, pleads guilty to, has been convicted of, has pleaded
guilty to, is adjudicated a delinquent child for committing, or
has been adjudicated a delinquent child for committing the
sexually oriented offense.
(b) The victim of the offense was thirteen years of age or
older, and the person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing the sexually oriented offense is
not more than four years older than the victim.
(C) "Child-victim oriented offense" means any of the
following violations or offenses committed by a person, regardless
of the person's age, when the victim is under eighteen years of
age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the violation is not
included in division (A)(7) of this section;
(2) A violation of division (A) of section 2905.02, division
(A) of section 2905.03, or division (A) of section 2905.05 of the
Revised Code;
(3) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division (C)(1)
or (2) of this section;
(4) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (C)(1),
(2), or (3) of this section.
(D) "Child-victim offender" means a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing any child-victim
oriented offense.
(E) "Tier I sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.06, 2907.07, 2907.08,
2907.22, or 2907.32 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(c) A violation of division (A)(1), (2), (3), or (5) of
section 2907.05 of the Revised Code;
(d) A violation of division (A)(3) of section 2907.323 of the
Revised Code;
(e) A violation of division (A)(3) of section 2903.211, of
division (B) of section 2905.03, or of division (B) of section
2905.05 of the Revised Code;
(f) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States, that is or was
substantially equivalent to any offense listed in division
(E)(1)(a), (b), (c), (d), or (e) of this section;
(g) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (E)(1)(a),
(b), (c), (d), (e), or (f) of this section.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to a
child-victim oriented offense and who is not within either
category of child-victim offender described in division (F)(2) or
(G)(2) of this section.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier I sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and who a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier I sex
offender/child-victim offender relative to the offense.
(F) "Tier II sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.21, 2907.321, or 2907.322 of
the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct, or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or
former section 2907.12 of the Revised Code;
(c) A violation of division (A)(4) of section 2907.05 or of
division (A)(1) or (2) of section 2907.323 of the Revised Code;
(d) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is eighteen years of
age or older;
(f) A violation of division (B) of section 2905.02 or of
division (B)(5) of section 2919.22 of the Revised Code;
(g) A violation of section 2905.32 of the Revised Code when
the offender knowingly recruited, solicited, lured, enticed,
isolated, harbored, transported, provided, obtained, or
maintained, or knowingly attempted to recruit, solicit, lure,
entice, isolate, harbor, transport, provide, obtain, or maintain,
another person knowing that the person would be compelled to
engage in sexual activity for hire, engage in a performance that
was obscene, sexually oriented, or nudity oriented, or be a model
or participant in the production of material that was obscene,
sexually oriented, or nudity oriented;
(h) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(F)(1)(a), (b), (c), (d), (e), or (f), or (g) of this section;
(h)(i) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (F)(1)(a),
(b), (c), (d), (e), (f), or (g), or (h) of this section;
(i)(j) Any sexually oriented offense that is committed after
the sex offender previously has been convicted of, pleaded guilty
to, or has been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for
which the offender was classified a tier I sex
offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier I sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier II sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier II sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any
category of tier II sex offender/child-victim offender set forth
in division (F)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was adjudicated a delinquent child for committing
a sexually oriented offense or child-victim oriented offense, and
who prior to that date was determined to be a habitual sex
offender or determined to be a habitual child-victim offender,
unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(b) A juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(G) "Tier III sex offender/child-victim offender" means any
of the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.02 or 2907.03 of the Revised
Code;
(b) A violation of division (B) of section 2907.05 of the
Revised Code;
(c) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(d) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age;
(f) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(g) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(G)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (G)(1)(a),
(b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier II sex offender/child-victim
offender or a tier III sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier II sex offender/child-victim offender or a tier
III sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier III sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier III sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any
category of tier III sex offender/child-victim offender set forth
in division (G)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was convicted of or pleaded guilty to a sexually
oriented offense or child-victim oriented offense or was
adjudicated a delinquent child for committing a sexually oriented
offense or child-victim oriented offense and classified a juvenile
offender registrant, and who prior to that date was adjudicated a
sexual predator or adjudicated a child-victim predator, unless
either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(b) The sex offender or child-victim offender is a delinquent
child, and a juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(6) A sex offender who is convicted of, pleads guilty to, was
convicted of, or pleaded guilty to a sexually oriented offense, if
the sexually oriented offense and the circumstances in which it
was committed are such that division (F) of section 2971.03 of the
Revised Code automatically classifies the offender as a tier III
sex offender/child-victim offender;
(7) A sex offender or child-victim offender who is convicted
of, pleads guilty to, was convicted of, pleaded guilty to, is
adjudicated a delinquent child for committing, or was adjudicated
a delinquent child for committing a sexually oriented offense or
child-victim offense 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 if both of the following
apply:
(a) Under the law of the jurisdiction in which the offender
was convicted or pleaded guilty or the delinquent child was
adjudicated, the offender or delinquent child is in a category
substantially equivalent to a category of tier III sex
offender/child-victim offender described in division (G)(1), (2),
(3), (4), (5), or (6) of this section.
(b) Subsequent to the conviction, plea of guilty, or
adjudication in the other jurisdiction, the offender or delinquent
child resides, has temporary domicile, attends school or an
institution of higher education, is employed, or intends to reside
in this state in any manner and for any period of time that
subjects the offender or delinquent child to a duty to register or
provide notice of intent to reside under section 2950.04 or
2950.041 of the Revised Code.
(H) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26 of the Revised Code.
(I) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(J) "Supervised release" means a release of an offender from
a prison term, a term of imprisonment, or another type of
confinement that satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, under a
community control sanction, under transitional control, or under a
post-release control sanction, and it requires the person to
report to or be supervised by a parole officer, probation officer,
field officer, or another type of supervising officer.
(2) The release is any type of release that is not described
in division (J)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.
(K) "Sexually violent predator specification," "sexually
violent predator," "sexually violent offense," "sexual motivation
specification," "designated homicide, assault, or kidnapping
offense," and "violent sex offense" have the same meanings as in
section 2971.01 of the Revised Code.
(L) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(M) "Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after January
1, 2002, a sexually oriented offense or a child-victim oriented
offense, who is fourteen years of age or older at the time of
committing the offense, and who a juvenile court judge, pursuant
to an order issued under section 2152.82, 2152.83, 2152.84,
2152.85, or 2152.86 of the Revised Code, classifies a juvenile
offender registrant and specifies has a duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code. "Juvenile offender registrant" includes a person who prior
to January 1, 2008, was a "juvenile offender registrant" under the
definition of the term in existence prior to January 1, 2008, and
a person who prior to July 31, 2003, was a "juvenile sex offender
registrant" under the former definition of that former term.
(N) "Public registry-qualified juvenile offender registrant"
means a person who is adjudicated a delinquent child and on whom a
juvenile court has imposed a serious youthful offender
dispositional sentence under section 2152.13 of the Revised Code
before, on, or after January 1, 2008, and to whom all of the
following apply:
(1) The person is adjudicated a delinquent child for
committing, attempting to commit, conspiring to commit, or
complicity in committing one of the following acts:
(a) A violation of section 2907.02 of the Revised Code,
division (B) of section 2907.05 of the Revised Code, or section
2907.03 of the Revised Code if the victim of the violation was
less than twelve years of age;
(b) A violation of section 2903.01, 2903.02, or 2905.01 of
the Revised Code that was committed with a purpose to gratify the
sexual needs or desires of the child.
(2) The person was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(3) A juvenile court judge, pursuant to an order issued under
section 2152.86 of the Revised Code, classifies the person a
juvenile offender registrant, specifies the person has a duty to
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised
Code, and classifies the person a public registry-qualified
juvenile offender registrant, and the classification of the person
as a public registry-qualified juvenile offender registrant has
not been terminated pursuant to division (D) of section 2152.86 of
the Revised Code.
(O) "Secure facility" means any facility that is designed and
operated to ensure that all of its entrances and exits are locked
and under the exclusive control of its staff and to ensure that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(P) "Out-of-state juvenile offender registrant" means a
person who 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 or a child-victim oriented
offense, who on or after January 1, 2002, moves to and resides in
this state or temporarily is domiciled in this state for more than
five days, and who has a duty under section 2950.04 or 2950.041 of
the Revised Code to register in this state and the duty to
otherwise comply with that applicable section and sections 2950.05
and 2950.06 of the Revised Code. "Out-of-state juvenile offender
registrant" includes a person who prior to January 1, 2008, was an
"out-of-state juvenile offender registrant" under the definition
of the term in existence prior to January 1, 2008, and a person
who prior to July 31, 2003, was an "out-of-state juvenile sex
offender registrant" under the former definition of that former
term.
(Q) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(R) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.
(S) "School" and "school premises" have the same meanings as
in section 2925.01 of the Revised Code.
(T) "Residential premises" means the building in which a
residential unit is located and the grounds upon which that
building stands, extending to the perimeter of the property.
"Residential premises" includes any type of structure in which a
residential unit is located, including, but not limited to,
multi-unit buildings and mobile and manufactured homes.
(U) "Residential unit" means a dwelling unit for residential
use and occupancy, and includes the structure or part of a
structure that is used as a home, residence, or sleeping place by
one person who maintains a household or two or more persons who
maintain a common household. "Residential unit" does not include a
halfway house or a community-based correctional facility.
(V) "Multi-unit building" means a building in which is
located more than twelve residential units that have entry doors
that open directly into the unit from a hallway that is shared
with one or more other units. A residential unit is not considered
located in a multi-unit building if the unit does not have an
entry door that opens directly into the unit from a hallway that
is shared with one or more other units or if the unit is in a
building that is not a multi-unit building as described in this
division.
(W) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(X) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.
Sec. 2953.38. (A) As used in this section:
(1) "Expunge" means to destroy, delete, or erase a record as
appropriate for the record's physical or electronic form or
characteristic so that the record is permanently irretrievable.
(2) "Prosecutor" has the same meaning as in section 2953.31
of the Revised Code.
(3) "Record of conviction" means the record related to a
conviction of or plea of guilty to an offense.
(4) "Victim of human trafficking" means a person who is or
was a victim of a violation of section 2905.32 of the Revised
Code, regardless of whether anyone has been convicted of a
violation of that section or of any other section for victimizing
the person.
(B) Any person who is or was convicted of a violation of
section 2907.24, 2907.241, or 2907.25 of the Revised Code may
apply to the sentencing court for the expungement of the record of
conviction if the person's participation in the offense was a
result of the person having been a victim of human trafficking.
The person may file the application at any time. The application
shall do all of the following:
(1) Identify the applicant, the offense for which the
expungement is sought, the date of the conviction of that offense,
and the court in which the conviction occurred;
(2) Describe the evidence and provide copies of any
documentation of the type described in division (F) of this
section showing that the person is entitled to relief under this
section;
(3) Include a request for expungement of the record of
conviction of that offense under this section.
(C) The court may deny an application made under division (B)
of this section if it finds that the application fails to assert
grounds on which relief may be granted.
(D) If the court does not deny an application under division
(C) of this section, it shall set a date for a hearing and shall
notify the prosecutor for the case from which the record of
conviction resulted of the hearing on the application. The
prosecutor may object to the granting of the application by filing
an objection with the court prior to the date set for the hearing.
The prosecutor shall specify in the objection the reasons for
believing a denial of the application is justified. The court may
direct its regular probation officer, a state probation officer,
or the department of probation of the county in which the
applicant resides to make inquiries and written reports as the
court requires concerning the applicant.
(E) At the hearing held under division (D) of this section,
the court shall do both of the following:
(1) If the prosecutor has filed an objection, consider the
reasons against granting the application specified by the
prosecutor in the objection;
(2) Determine whether the applicant has demonstrated by a
preponderance of the evidence that the applicant's participation
in the offense was a result of having been a victim of human
trafficking.
(F) There is a rebuttable presumption that the applicant's
participation in the offense that is the subject of the
application was the result of the applicant's having been a victim
of human trafficking if the applicant presents documentation to
that effect in the form of a police report, a court record, or an
affidavit from an employee of a federal, state, or local
government agency, a trained professional staff member of a victim
services organization, an attorney, a member of the clergy, or a
medical or other health professional from whom the applicant has
sought services to address the effects of having been trafficked.
(G) If after a hearing the court finds that the applicant has
demonstrated by a preponderance of the evidence that the
applicant's participation in the offense that is the subject of
the application was the result of the applicant having been a
victim of human trafficking, the court shall grant the application
and order that the record of conviction be expunged.
(H) Upon the filing of an application under this section, the
applicant, unless indigent, shall pay a fee of fifty dollars. The
court shall pay thirty dollars of the fee into the state treasury
and shall pay twenty dollars of the fee into the county general
revenue fund.
Sec. 2981.12. (A) Unclaimed or forfeited property in the
custody of a law enforcement agency, other than property described
in division (A)(2) of section 2981.11 of the Revised Code, shall
be disposed of by order of any court of record that has
territorial jurisdiction over the political subdivision that
employs the law enforcement agency, as follows:
(1) Drugs shall be disposed of pursuant to section 3719.11 of
the Revised Code or placed in the custody of the secretary of the
treasury of the United States for disposal or use for medical or
scientific purposes under applicable federal law.
(2) Firearms and dangerous ordnance suitable for police work
may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use or as museum pieces or
collectors' items may be sold at public auction pursuant to
division (B) of this section. The agency may sell other firearms
and dangerous ordnance to a federally licensed firearms dealer in
a manner that the court considers proper. The agency shall destroy
any firearms or dangerous ordnance not given to a law enforcement
agency or sold or shall send them to the bureau of criminal
identification and investigation for destruction by the bureau.
(3) Obscene materials shall be destroyed.
(4) Beer, intoxicating liquor, or alcohol seized from a
person who does not hold a permit issued under Chapters 4301. and
4303. of the Revised Code or otherwise forfeited to the state for
an offense under section 4301.45 or 4301.53 of the Revised Code
shall be sold by the division of liquor control if the division
determines that it is fit for sale or shall be placed in the
custody of the investigations unit in the department of public
safety and be used for training relating to law enforcement
activities. The department, with the assistance of the division of
liquor control, shall adopt rules in accordance with Chapter 119.
of the Revised Code to provide for the distribution to state or
local law enforcement agencies upon their request. If any tax
imposed under Title XLIII of the Revised Code has not been paid in
relation to the beer, intoxicating liquor, or alcohol, any moneys
acquired from the sale shall first be used to pay the tax. All
other money collected under this division shall be paid into the
state treasury. Any beer, intoxicating liquor, or alcohol that the
division determines to be unfit for sale shall be destroyed.
(5) Money received by an inmate of a correctional institution
from an unauthorized source or in an unauthorized manner shall be
returned to the sender, if known, or deposited in the inmates'
industrial and entertainment fund of the institution if the sender
is not known.
(6)(a) Any mobile instrumentality forfeited under this
chapter may be given to the law enforcement agency that initially
seized the mobile instrumentality for use in performing its
duties, if the agency wants the mobile instrumentality. The agency
shall take the mobile instrumentality subject to any security
interest or lien on the mobile instrumentality.
(b) Vehicles and vehicle parts forfeited under sections
4549.61 to 4549.63 of the Revised Code may be given to a law
enforcement agency for use in performing its duties. Those parts
may be incorporated into any other official vehicle. Parts that do
not bear vehicle identification numbers or derivatives of them may
be sold or disposed of as provided by rules of the director of
public safety. Parts from which a vehicle identification number or
derivative of it has been removed, defaced, covered, altered, or
destroyed and that are not suitable for police work or
incorporation into an official vehicle shall be destroyed and sold
as junk or scrap.
(7) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose or disposed of under division
(B) of this section.
(8) Money seized in connection with trafficking in persons
shall be deposited in the victims of human trafficking fund
created by section 5101.87 of the Revised Code.
(B) Unclaimed or forfeited property that is not described in
division (A) of this section or division (A)(2) of section 2981.11
of the Revised Code, with court approval, may be used by the law
enforcement agency in possession of it. If it is not used by the
agency, it may be sold without appraisal at a public auction to
the highest bidder for cash or disposed of in another manner that
the court considers proper.
(C) Except as provided in divisions (A) and (F) of this
section and after compliance with division (D) of this section
when applicable, any moneys acquired from the sale of property
disposed of pursuant to this section shall be placed in the
general revenue fund of the state, or the general fund of the
county, the township, or the municipal corporation of which the
law enforcement agency involved is an agency.
(D) If the property was in the possession of the law
enforcement agency in relation to a delinquent child proceeding in
a juvenile court, ten per cent of any moneys acquired from the
sale of property disposed of under this section shall be applied
to one or more alcohol and drug addiction treatment programs that
are certified by the department of alcohol and drug addiction
services under section 3793.06 of the Revised Code. A juvenile
court shall not specify a program, except as provided in this
division, unless the program is in the same county as the court or
in a contiguous county. If no certified program is located in any
of those counties, the juvenile court may specify a certified
program anywhere in Ohio. The remaining ninety per cent of the
proceeds or cash shall be applied as provided in division (C) of
this section.
Each treatment program that receives in any calendar year
forfeited money under this division shall file an annual report
for that year with the attorney general and with the court of
common pleas and board of county commissioners of the county in
which the program is located and of any other county from which
the program received forfeited money. The program shall file the
report on or before the first day of March in the calendar year
following the calendar year in which the program received the
money. The report shall include statistics on the number of
persons the program served, identify the types of treatment
services it provided to them, and include a specific accounting of
the purposes for which it used the money so received. No
information contained in the report shall identify, or enable a
person to determine the identity of, any person served by the
program.
(E) Each certified alcohol and drug addiction treatment
program that receives in any calendar year money under this
section or under section 2981.13 of the Revised Code as the result
of a juvenile forfeiture order shall file an annual report for
that calendar year with the attorney general and with the court of
common pleas and board of county commissioners of the county in
which the program is located and of any other county from which
the program received the money. The program shall file the report
on or before the first day of March in the calendar year following
the year in which the program received the money. The report shall
include statistics on the number of persons served with the money,
identify the types of treatment services provided, and
specifically account for how the money was used. No information in
the report shall identify or enable a person to determine the
identity of anyone served by the program.
As used in this division, "juvenile-related forfeiture order"
means any forfeiture order issued by a juvenile court under
section 2981.04 or 2981.05 of the Revised Code and any disposal of
property ordered by a court under section 2981.11 of the Revised
Code regarding property that was in the possession of a law
enforcement agency in relation to a delinquent child proceeding in
a juvenile court.
(F) Each board of county commissioners that recognizes a
citizens' reward program under section 9.92 of the Revised Code
shall notify each law enforcement agency of that county and of a
township or municipal corporation wholly located in that county of
the recognition by filing a copy of its resolution conferring that
recognition with each of those agencies. When the board recognizes
a citizens' reward program and the county includes a part, but not
all, of the territory of a municipal corporation, the board shall
so notify the law enforcement agency of that municipal corporation
of the recognition of the citizens' reward program only if the
county contains the highest percentage of the municipal
corporation's population.
Upon being so notified, each law enforcement agency shall pay
twenty-five per cent of any forfeited proceeds or cash derived
from each sale of property disposed of pursuant to this section to
the citizens' reward program for use exclusively to pay rewards.
No part of the funds may be used to pay expenses associated with
the program. If a citizens' reward program that operates in more
than one county or in another state in addition to this state
receives funds under this section, the funds shall be used to pay
rewards only for tips and information to law enforcement agencies
concerning offenses committed in the county from which the funds
were received.
Receiving funds under this section or section 2981.11 of the
Revised Code does not make the citizens' reward program a
governmental unit or public office for purposes of section 149.43
of the Revised Code.
(G) Any property forfeited under this chapter shall not be
used to pay any fine imposed upon a person who is convicted of or
pleads guilty to an underlying criminal offense or a different
offense arising out of the same facts and circumstances.
(H) Any moneys acquired from the sale of property seized in
connection with trafficking in persons and disposed of pursuant to
this section shall be placed in the victims of human trafficking
fund created by section 5101.87 of the Revised Code.
Sec. 4743.07. The general assembly strongly recommends that
every board, commission, or agency that is created under or by
virtue of Title XLVII of the Revised Code and that is authorized
to grant licensure or certification to persons who may encounter
human trafficking victims in the normal course of their work
promulgate rules pursuant to Chapter 119. of the Revised Code to
require those persons, as a condition of receiving or maintaining
licensure or certification, to receive training in the recognition
and handling of human trafficking cases.
Sec. 5101.87. There is hereby created in the treasury of
state the victims of human trafficking fund consisting of money
seized in connection with trafficking in persons or acquired from
the sale of property seized in connection with trafficking in
persons and deposited pursuant to section 2981.12 of the Revised
Code and such other money as may be appropriated or contributed to
the fund. Money in the fund shall be used for the sole purpose of
treating, caring for, rehabilitating, educating, housing, and
providing assistance for victims of trafficking in persons. The
director of job and family services shall administer the fund.
Sec. 5502.63. (A) The division of criminal justice services
in the department of public safety shall prepare a poster and a
brochure that describe safe firearms practices. The poster and
brochure shall contain typeface that is at least one-quarter inch
tall. The division shall furnish copies of the poster and brochure
free of charge to each federally licensed firearms dealer in this
state.
As used in this section division, "federally licensed
firearms dealer" means an importer, manufacturer, or dealer having
a license to deal in destructive devices or their ammunition,
issued and in effect pursuant to the federal "Gun Control Act of
1968," 82 Stat. 1213, 18 U.S.C. 923 et seq., and any amendments or
additions to that act or reenactments of that act.
(B)(1) The division of criminal justice services shall create
a poster that provides information regarding the national human
trafficking resource center hotline. The poster shall be no
smaller than eight and one-half inches by eleven inches in size
and shall include a statement in substantially the following form:
"If you or someone you know is being forced to engage in any
activity and cannot leave – whether it is commercial sex,
housework, farm work, or any other activity – call the National
Human Trafficking Resource Center Hotline at 1-888-373-7888 to
access help and services.
Victims of human trafficking are protected under U.S. and
Ohio law.
The toll-free Hotline is:
- Available 24 hours a day, 7 days a week
- Operated by a non-profit, non-governmental organization
- Anonymous & confidential
- Accessible in 170 languages
- Able to provide help, referral to services, training,
and general information."
The statement shall appear on each poster in English,
Spanish, and, for each county, any other language required for
voting materials in that county under section 1973aa-1a of the
"Voting Rights Act of 1965," 79 Stat. 437, 42 U.S.C. 1973, as
amended.
(2) The division shall make the poster available for print on
its public web site and shall make the poster available to and
encourage its display at each of the following places:
(a) A highway truck stop;
(b) A hotel, as defined in section 3731.01 of the Revised
Code;
(c) An adult entertainment establishment, as defined in
section 2907.39 of the Revised Code;
(d) A beauty salon, as defined in section 4713.01 of the
Revised Code;
(e) An agricultural labor camp, as defined in section 3733.41
of the Revised Code;
(f) A hospital or urgent care center;
(g) Any place where there is occurring a contest for the
championship of a division, conference, or league of a
professional athletic association or of a national collegiate
athletic association division I intercollegiate sport or where
there is occurring an athletic competition at which cash prizes
are awarded to individuals or teams;
(h) Any establishment operating as a massage parlor, massage
spa, alternative health clinic, or similar entity by persons who
do not hold a valid certificate from the state medical board to
practice massage therapy under Chapter 4731. of the Revised Code;
(3) As used in this section:
(a) "Fair" means the annual exposition conducted by any
county or independent agricultural society or the Ohio expositions
commission.
(b) "Highway truck stop" means a gas station with a sign that
is visible from a highway, as defined in section 5501.01 of the
Revised Code, that offers amenities to commercial vehicles.
Section 2. That existing sections 109.73, 2151.358, 2152.021,
2743.60, 2905.32, 2907.04, 2921.32, 2923.31, 2929.13, 2950.01,
2981.12, and 5502.63 of the Revised Code are hereby repealed.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reasons for such necessity are the
continuing abuse of children by human traffickers and the need to
ensure that minor victims of human trafficking receive help to
overcome their victimization. Therefore, this act shall go into
immediate effect.
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