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H. B. No. 37 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Representative Combs
A BILL
To amend sections 2950.01, 2950.03, 2950.04,
2950.041, and 2950.05 of the Revised Code to
require that a registrant under the Sex Offender
Registration and Notification Law who does not
have a fixed residence address provide a detailed
description of the places at which the registrant
intends to stay upon initial registration and, if
the registrant is a Tier III registrant, a
predator, or in another specified category, be
monitored by an active global positioning system
device until the registrant acquires a fixed
residence address.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2950.01, 2950.03, 2950.04, 2950.041,
and 2950.05 of the Revised Code be amended to read as follows:
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, 2907.32, 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 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) of this
section;
(12) 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) 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, 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 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) of this section;
(h) 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) of this section;
(i) 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.
(Y) "Sexual predator" means a person who, prior to January 1,
2008, was convicted of, pleaded guilty to, or was adjudicated a
delinquent child for committing a sexually oriented offense and
who, under the provisions of this chapter as they existed prior to
that date, was classified by a court or by operation of law a
sexual predator based on that offense.
(Z) "Child-victim predator" means a person who, prior to
January 1, 2008, was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a child-victim
oriented offense and who, under the provisions of this chapter as
they existed prior to that date, was classified by a court or by
operation of law a child-victim predator based on that offense.
(AA) "Aggravated sexually oriented offense" means a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after June 13, 2002, or a violation of division
(A)(2) of that section committed on or after July 31, 2003, if the
offender was convicted of or pleaded guilty to the violation prior
to January 1, 2008.
Sec. 2950.03. (A) Each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a
sexually oriented offense or a child-victim oriented offense and
who has a duty to register pursuant to section 2950.04 or 2950.041
of the Revised Code and each person who is adjudicated a
delinquent child for committing a sexually oriented offense or a
child-victim oriented offense and who is classified a juvenile
offender registrant based on that adjudication shall be provided
notice in accordance with this section of the offender's or
delinquent child's duties imposed under sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code and of the
offender's duties to similarly register, provide notice of a
change, and verify addresses in another state if the offender
resides, is temporarily domiciled, attends a school or institution
of higher education, or is employed in a state other than this
state. The following official shall provide the notice required
under this division to the specified person at the following time:
(1) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the person
is an offender who is sentenced to a prison term, a term of
imprisonment, or any other type of confinement for any offense,
and if on or after January 1, 2008, the offender is serving that
term or is under that confinement, subject to division (A)(5) of
this section, the official in charge of the jail, workhouse, state
correctional institution, or other institution in which the
offender serves the prison term, term of imprisonment, or
confinement, or a designee of that official, shall provide the
notice to the offender before the offender is released pursuant to
any type of supervised release or before the offender otherwise is
released from the prison term, term of imprisonment, or
confinement.
(2) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the person
is an offender who is sentenced on or after January 1, 2008, for
any offense, and if division (A)(1) of this section does not
apply, the judge shall provide the notice to the offender at the
time of sentencing.
(3) If the person is a delinquent child who is classified a
juvenile offender registrant on or after January 1, 2008, the
judge shall provide the notice to the delinquent child at the time
specified in division (B) of section 2152.82, division (C) of
section 2152.83, division (C) of section 2152.84, or division (E)
of section 2152.85 of the Revised Code, whichever is applicable.
(4) If the person is a delinquent child who is classified as
both a juvenile offender registrant and a public
registry-qualified juvenile offender registrant on or after
January 1, 2008, the judge shall provide the notice to the
delinquent child at the time specified in division (B) of section
2152.86 of the Revised Code.
(5) If the person is an offender or delinquent child in any
of the following categories, the attorney general, department of
rehabilitation and correction, or department of youth services
shall provide the notice to the offender or delinquent child at
the time and in the manner specified in section 2950.031 or
division (A) or (B) of section 2950.032 of the Revised Code,
whichever is applicable:
(a) An offender or delinquent child who prior to December 1,
2007, has registered a residence, school, institution of higher
education, or place of employment address pursuant to section
2950.04, 2950.041, or 2950.05 of the Revised Code;
(b) An offender or delinquent child who registers with a
sheriff pursuant to section 2950.04 or 2950.041 of the Revised
Code on or after December 1, 2007, previously had not registered
under either section with that sheriff or any other sheriff, and
was convicted of, pleaded guilty to, or was classified a juvenile
offender registrant relative to the sexually oriented offense or
child-victim oriented offense upon which the registration was
based prior to December 1, 2007;
(c) An offender who on December 1, 2007, is serving a prison
term in a state correctional institution for a sexually oriented
offense or child-victim oriented offense or each delinquent child
who has been classified a juvenile offender registrant relative to
a sexually oriented offense or child-victim oriented offense and
who on that date is confined in an institution of the department
of youth services for the sexually oriented offense or
child-victim oriented offense;
(d) An offender or delinquent child who on or after December
2, 2007, commences a prison term in a state correctional
institution or confinement in an institution of the department of
youth services for a sexually oriented offense or child-victim
oriented offense and who was convicted of, pleaded guilty to, or
was classified a juvenile offender registrant relative to the
sexually oriented offense or child-victim oriented offense prior
to that date.
(6) If the person is an offender or delinquent child who on
or after July 1, 2007, and prior to January 1, 2008, is convicted
of or pleads guilty to a sexually oriented offense or a
child-victim oriented offense and is not sentenced to a prison
term for that offense or is classified a juvenile offender
registrant relative to a sexually oriented offense or child-victim
oriented offense and is not committed to the custody of the
department of youth services for that offense, the sentencing
court or juvenile court shall provide the notice to the offender
or delinquent child at the time and in the manner specified in
division (C) of section 2950.032 of the Revised Code.
(7) If the person is an offender or delinquent child who has
a duty to register in this state pursuant to division (A)(4) of
section 2950.04 or 2950.041 of the Revised Code, the offender or
delinquent child is presumed to have knowledge of the law and of
the offender's or delinquent child's duties imposed under sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(B)(1) The notice provided under division (A) of this section
shall inform the offender or delinquent child of the offender's or
delinquent child's duty to register, to provide notice of a change
in the offender's or delinquent child's residence address or in
the offender's school, institution of higher education, or place
of employment address, as applicable, and register the new
address, to periodically verify the offender's or delinquent
child's residence address or the offender's school, institution of
higher education, or place of employment address, as applicable,
and, if applicable, to provide notice of the offender's or
delinquent child's intent to reside, pursuant to sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice
shall specify that, for an offender, it applies regarding
residence addresses or school, institution of higher education,
and place of employment addresses and that, for a delinquent
child, it applies regarding residence addresses. Additionally, it
shall inform the offender of the offender's duties to similarly
register, provide notice of a change in, and verify those
addresses in states other than this state as described in division
(A) of this section and shall inform the offender or delinquent
child, if the offender or delinquent child is in any category
specified in division (I)(2)(b) of section 2950.04 or 2950.041 of
the Revised Code that the offender or delinquent child will be
monitored by an active global positioning system device during any
period in which the offender or delinquent child does not have a
fixed residence address. A notice provided under division (A)(1),
(2), (3), or (4) of this section shall comport with the following:
(a) If the notice is provided to an offender under division
(A)(1) or (2) of this section, the official, official's designee,
or judge shall require the offender to read and sign a form
stating that the offender's duties to register, to file a notice
of intent to reside, if applicable, to register a new residence
address or new school, institution of higher education, or place
of employment address, and to periodically verify those addresses,
the fact that the offender will be monitored by an active global
positioning system device during any period in which the offender
does not have a fixed residence address if the offender is in any
category specified in division (I)(2)(b) of section 2950.04 or
2950.041 of the Revised Code, and the offender's duties in other
states as described in division (A) of this section have been
explained to the offender. If the offender is unable to read, the
official, official's designee, or judge shall certify on the form
that the official, designee, or judge specifically informed the
offender of those duties and that the offender indicated an
understanding of those duties.
(b) If the notice is provided to a delinquent child under
division (A)(3) or (4) of this section, the judge shall require
the delinquent child and the delinquent child's parent, guardian,
or custodian to read and sign a form stating that the delinquent
child's duties to register, to file a notice of intent to reside,
if applicable, to register a new residence address, and to
periodically verify that address and the fact that the delinquent
child will be monitored by an active global positioning system
device during any period in which the delinquent child does not
have a fixed residence address if the delinquent child is in any
category specified in division (I)(2)(b) of section 2950.04 or
2950.041 of the Revised Code have been explained to the delinquent
child and to the delinquent child's parent, guardian, or
custodian. If the delinquent child or the delinquent child's
parent, guardian, or custodian is unable to read, the judge shall
certify on the form that the judge specifically informed the
delinquent child or the delinquent child's parent, guardian, or
custodian of those duties and that the delinquent child or the
delinquent child's parent, guardian, or custodian indicated an
understanding of those duties.
(2) The notice provided under divisions (A)(1) to (4) of this
section shall be on a form prescribed by the bureau of criminal
identification and investigation and shall contain all of the
information specified in division (A) of this section and all of
the information required by the bureau. The notice provided under
divisions (A)(1) to (4) of this section shall include, but is not
limited to, all of the following:
(a) For any notice provided under divisions (A)(1) to (4) of
this section, an explanation of the offender's periodic residence
address or periodic school, institution of higher education, or
place of employment address verification process or of the
delinquent child's periodic residence address verification
process, an explanation of the frequency with which the offender
or delinquent child will be required to verify those addresses
under that process, a statement that the offender or delinquent
child must verify those addresses at the times specified under
that process or face criminal prosecution or a delinquent child
proceeding, and an explanation of the offender's duty to similarly
register, verify, and reregister those addresses in another state
if the offender resides in another state, attends a school or
institution of higher education in another state, or is employed
in another state.
(b) If the notice is provided under division (A)(3) or (4) of
this section, a statement that the delinquent child has been
classified by the adjudicating juvenile court judge or the judge's
successor in office a juvenile offender registrant and, if
applicable, a public-registry qualified public registry-qualified
juvenile offender registrant and has a duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code;
(c) If the notice is provided under division (A)(3) or (4) of
this section, a statement that, if the delinquent child fails to
comply with the requirements of sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code, both of the following
apply:
(i) If the delinquent child's failure occurs while the child
is under eighteen years of age, the child is subject to
proceedings under Chapter 2152. of the Revised Code based on the
failure, but if the failure occurs while the child is eighteen
years of age or older, the child is subject to criminal
prosecution based on the failure.
(ii) If the delinquent child's failure occurs while the child
is under eighteen years of age, unless the child is emancipated,
as defined in section 2919.121 of the Revised Code, the failure of
the parent, guardian, or custodian to ensure that the child
complies with those requirements is a violation of section 2919.24
of the Revised Code and may result in the prosecution of the
parent, guardian, or custodian for that violation.
(3)(a) After an offender described in division (A)(1) or (2)
of this section has signed the form described in divisions (B)(1)
and (2) of this section or the official, official's designee, or
judge has certified on the form that the form has been explained
to the offender and that the offender indicated an understanding
of the duties and information indicated on it, the official,
official's designee, or judge shall give one copy of the form to
the offender, within three days shall send one copy of the form to
the bureau of criminal identification and investigation in
accordance with the procedures adopted pursuant to section 2950.13
of the Revised Code, shall send one copy of the form to the
sheriff of the county in which the offender expects to reside, and
shall send one copy of the form to the sheriff of the county in
which the offender was convicted or pleaded guilty if the offender
has a duty to register pursuant to division (A)(1) of section
2950.04 or 2950.041 of the Revised Code.
(b) After a delinquent child described in division (A)(3) or
(4) of this section and the delinquent child's parent, guardian,
or custodian have signed the form described in divisions (B)(1)
and (2) of this section or the judge has certified on the form
that the form has been explained to the delinquent child or the
delinquent child's parent, guardian, or custodian and that the
delinquent child or the delinquent child's parent, guardian, or
custodian indicated an understanding of the duties and information
indicated on the form, the judge shall give a copy of the form to
both the delinquent child and to the delinquent child's parent,
guardian, or custodian, within three days shall send one copy of
the form to the bureau of criminal identification and
investigation in accordance with the procedures adopted pursuant
to section 2950.13 of the Revised Code, shall send one copy of the
form to the sheriff of the county in which the delinquent child
expects to reside, and shall send one copy of the form to the
sheriff of the county in which the child was adjudicated a
delinquent child if the delinquent child has a duty to register
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the
Revised Code.
(C) The official, official's designee, judge, chief of
police, or sheriff who is required to provide notice to an
offender or delinquent child under divisions (A)(1) to (4) of this
section shall determine the offender's or delinquent child's name,
identifying factors, and expected future residence address in this
state or any other state, shall obtain the offender's or
delinquent child's criminal and delinquency history, and shall
obtain a photograph and the fingerprints of the offender or
delinquent child. The official, designee, judge, chief, or sheriff
shall obtain from the offender or delinquent child a detailed
description of the place or places at which the offender or
delinquent child intends to stay if the offender's or delinquent
child's expected future residence is not a fixed address.
Regarding an offender, the official, designee, or judge also shall
obtain from the offender the offender's current or expected future
school, institution of higher education, or place of employment
address in this state, if any. If the notice is provided by a
judge under division (A)(2), (3), or (4) of this section, the
sheriff shall provide the offender's or delinquent child's
criminal and delinquency history to the judge. The official,
official's designee, or judge shall obtain this information and
these items prior to giving the notice, except that a judge may
give the notice prior to obtaining the offender's or delinquent
child's criminal and delinquency history. Within three days after
receiving this information and these items, the official,
official's designee, or judge shall forward the information and
items to the bureau of criminal identification and investigation
in accordance with the forwarding procedures adopted pursuant to
section 2950.13 of the Revised Code, to the sheriff of the county
in which the offender or delinquent child expects to reside and to
the sheriff of the county in which the offender or delinquent
child was convicted, pleaded guilty, or adjudicated a delinquent
child if the offender or delinquent child has a duty to register
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the
Revised Code, and, regarding an offender, to the sheriff of the
county, if any, in which the offender attends or will attend a
school or institution of higher education or is or will be
employed. If the notice is provided under division (A)(3) or (4)
of this section and if the delinquent child has been committed to
the department of youth services or to a secure facility, the
judge, in addition to the other information and items described in
this division, also shall forward to the bureau and to the sheriff
notification that the child has been so committed. If it has not
already done so, the bureau of criminal identification and
investigation shall forward a copy of the fingerprints and
conviction data received under this division to the federal bureau
of investigation.
Sec. 2950.04. (A)(1)(a) Immediately after a sentencing
hearing is held on or after January 1, 2008, for an offender who
is convicted of or pleads guilty to a sexually oriented offense
and is sentenced to a prison term, a term of imprisonment, or any
other type of confinement and before the offender is transferred
to the custody of the department of rehabilitation and correction
or to the official in charge of the jail, workhouse, state
correctional institution, or other institution where the offender
will be confined, the offender shall register personally with the
sheriff, or the sheriff's designee, of the county in which the
offender was convicted of or pleaded guilty to the sexually
oriented offense.
(b) Immediately after a dispositional hearing is held on or
after January 1, 2008, for a child who is adjudicated a delinquent
child for committing a sexually oriented offense, is classified a
juvenile offender registrant based on that adjudication, and is
committed to the custody of the department of youth services or to
a secure facility that is not operated by the department and
before the child is transferred to the custody of the department
of youth services or the secure facility to which the delinquent
child is committed, the delinquent child shall register personally
with the sheriff, or the sheriff's designee, of the county in
which the delinquent child was classified a juvenile offender
registrant based on that sexually oriented offense.
(c) A law enforcement officer shall be present at the
sentencing hearing or dispositional hearing described in division
(A)(1)(a) or (b) of this section to immediately transport the
offender or delinquent child who is the subject of the hearing to
the sheriff, or the sheriff's designee, of the county in which the
offender or delinquent child is convicted, pleads guilty, or is
adjudicated a delinquent child.
(d) After an offender who has registered pursuant to division
(A)(1)(a) of this section is released from a prison term, a term
of imprisonment, or any other type of confinement, the offender
shall register as provided in division (A)(2) of this section.
After a delinquent child who has registered pursuant to division
(A)(1)(b) of this section is released from the custody of the
department of youth services or from a secure facility that is not
operated by the department, the delinquent child shall register as
provided in division (A)(3) of this section.
(2) Regardless of when the sexually oriented offense was
committed, each offender who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a sexually
oriented offense shall comply with the following registration
requirements described in divisions (A)(2)(a), (b), (c), (d), and
(e) of this section:
(a) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county within three days of the
offender's coming into a county in which the offender resides or
temporarily is domiciled for more than three days.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county immediately upon coming
into a county in which the offender attends a school or
institution of higher education on a full-time or part-time basis
regardless of whether the offender resides or has a temporary
domicile in this state or another state.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender is
employed if the offender resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen or more days in
that calendar year.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has been employed at any
location or locations in this state more than three days or for an
aggregate period of fourteen or more days in that calendar year.
(e) The offender shall register with the sheriff, or the
sheriff's designee, or other appropriate person of the other state
immediately upon entering into any state other than this state in
which the offender attends a school or institution of higher
education on a full-time or part-time basis or upon being employed
in any state other than this state for more than three days or for
an aggregate period of fourteen or more days in that calendar year
regardless of whether the offender resides or has a temporary
domicile in this state, the other state, or a different state.
(3)(a) Each child who is adjudicated a delinquent child for
committing a sexually oriented offense and who is classified a
juvenile offender registrant based on that adjudication shall
register personally with the sheriff, or the sheriff's designee,
of the county within three days of the delinquent child's coming
into a county in which the delinquent child resides or temporarily
is domiciled for more than three days.
(b) In addition to the registration duty imposed under
division (A)(3)(a) of this section, each public registry-qualified
juvenile offender registrant shall comply with the following
additional registration requirements:
(i) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the county immediately upon coming into a
county in which the registrant attends a school or institution of
higher education on a full-time or part-time basis regardless of
whether the registrant resides or has a temporary domicile in this
state or another state.
(ii) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the county in which the registrant is
employed if the registrant resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen or more days in
that calendar year.
(iii) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the county in which the registrant then is
employed if the registrant does not reside or have a temporary
domicile in this state and has been employed at any location or
locations in this state more than three days or for an aggregate
period of fourteen or more days in that calendar year.
(iv) The public registry-qualified juvenile offender
registrant shall register with the sheriff, or the sheriff's
designee, or other appropriate person of the other state
immediately upon entering into any state other than this state in
which the registrant attends a school or institution of higher
education on a full-time or part-time basis or upon being employed
in any state other than this state for more than three days or for
an aggregate period of fourteen or more days in that calendar year
regardless of whether the registrant resides or has a temporary
domicile in this state, the other state, or a different state.
(c) If the delinquent child is committed for the sexually
oriented offense to the department of youth services or to a
secure facility that is not operated by the department, this duty
begins when the delinquent child is discharged or released in any
manner from custody in a department of youth services secure
facility or from the secure facility that is not operated by the
department if pursuant to the discharge or release the delinquent
child is not committed to any other secure facility of the
department or any other secure facility.
(4) Regardless of when the sexually oriented offense was
committed, each person who is convicted, pleads guilty, or is
adjudicated a delinquent child in a court in another state, in a
federal court, military court, or Indian tribal court, or in a
court in any nation other than the United States for committing a
sexually oriented offense shall comply with the following
registration requirements if, at the time the offender or
delinquent child moves to and resides in this state or temporarily
is domiciled in this state for more than three days, the offender
or public registry-qualified juvenile offender registrant enters
this state to attend a school or institution of higher education,
or the offender or public registry-qualified juvenile offender
registrant is employed in this state for more than the specified
period of time, the offender or delinquent child has a duty to
register as a sex offender or child-victim offender under the law
of that other jurisdiction as a result of the conviction, guilty
plea, or adjudication:
(a) Each offender and delinquent child shall register
personally with the sheriff, or the sheriff's designee, of the
county within three days of the offender's or delinquent child's
coming into the county in which the offender or delinquent child
resides or temporarily is domiciled for more than three days.
(b) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee, of the county immediately upon coming into
a county in which the offender or public registry-qualified
juvenile offender registrant attends a school or institution of
higher education on a full-time or part-time basis regardless of
whether the offender or public registry-qualified juvenile
offender registrant resides or has a temporary domicile in this
state or another state.
(c) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee, of the county in which the offender or
public registry-qualified juvenile offender registrant is employed
if the offender resides or has a temporary domicile in this state
and has been employed in that county for more than three days or
for an aggregate period of fourteen days or more in that calendar
year.
(d) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee, of the county in which the offender or
public registry-qualified juvenile offender registrant then is
employed if the offender or public registry-qualified juvenile
offender registrant does not reside or have a temporary domicile
in this state and has been employed at any location or locations
in this state for more than three days or for an aggregate period
of fourteen or more days in that calendar year.
(5) An offender or a delinquent child who is a public
registry-qualified juvenile offender registrant is not required to
register under division (A)(2), (3), or (4) of this section if a
court issues an order terminating the offender's or delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code pursuant to section 2950.15 of the
Revised Code. A delinquent child who is a juvenile offender
registrant but is not a public registry-qualified juvenile
offender registrant is not required to register under any of those
divisions if a juvenile court issues an order declassifying the
delinquent child as a juvenile offender registrant pursuant to
section 2152.84 or 2152.85 of the Revised Code.
(B) An offender or delinquent child who is required by
division (A) of this section to register in this state personally
shall obtain from the sheriff or from a designee of the sheriff a
registration form that conforms to division (C) of this section,
shall complete and sign the form, and shall return the completed
form together with the offender's or delinquent child's
photograph, copies of travel and immigration documents, and any
other required material to the sheriff or the designee. The
sheriff or designee shall sign the form and indicate on the form
the date on which it is so returned. The registration required
under this division is complete when the offender or delinquent
child returns the form, containing the requisite information,
photograph, other required material, signatures, and date, to the
sheriff or designee.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include or contain all of the following
for the offender or delinquent child who is registering:
(1) The offender's or delinquent child's name and any aliases
used by the offender or delinquent child;
(2) The offender's or delinquent child's social security
number and date of birth, including any alternate social security
numbers or dates of birth that the offender or delinquent child
has used or uses;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1) of this
section, a statement that the offender is serving a prison term,
term of imprisonment, or any other type of confinement or a
statement that the delinquent child is in the custody of the
department of youth services or is confined in a secure facility
that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(2), (3), or
(4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than three days, the current residence address
of the offender or delinquent child who is registering or, if the
offender or delinquent child has no fixed residence address, a
statement to that effect and the information described in division
(I)(1) of this section, the name and address of the offender's or
delinquent child's employer if the offender or delinquent child is
employed at the time of registration or if the offender or
delinquent child knows at the time of registration that the
offender or delinquent child will be commencing employment with
that employer subsequent to registration, any other employment
information, such as the general area where the offender or
delinquent child is employed, if the offender or delinquent child
is employed in many locations, and the name and address of the
offender's or public registry-qualified juvenile offender
registrant's school or institution of higher education if the
offender or public registry-qualified juvenile offender registrant
attends one at the time of registration or if the offender or
public registry-qualified juvenile offender registrant knows at
the time of registration that the offender or public
registry-qualified juvenile offender registrant will be commencing
attendance at that school or institution subsequent to
registration;
(5) Regarding an offender or public registry-qualified
juvenile offender registrant who is registering under a duty
imposed under division (A)(2), (3), or (4) of this section as a
result of the offender or public registry-qualified juvenile
offender registrant attending a school or institution of higher
education in this state on a full-time or part-time basis or being
employed in this state or in a particular county in this state,
whichever is applicable, for more than three days or for an
aggregate of fourteen or more days in any calendar year, the name
and current address of the school, institution of higher
education, or place of employment of the offender or public
registry-qualified juvenile offender registrant who is
registering, including any other employment information, such as
the general area where the offender or public registry-qualified
juvenile offender registrant is employed, if the offender or
public registry-qualified juvenile offender registrant is employed
in many locations;
(6) The identification license plate number of each vehicle
the offender or delinquent child owns, of each vehicle registered
in the offender's or delinquent child's name, of each vehicle the
offender or delinquent child operates as a part of employment, and
of each other vehicle that is regularly available to be operated
by the offender or delinquent child; a description of where each
vehicle is habitually parked, stored, docked, or otherwise kept;
and, if required by the bureau of criminal identification and
investigation, a photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver's or
commercial driver's license or permit issued by this state or any
other state or a state identification card issued under section
4507.50 or 4507.51 of the Revised Code or a comparable
identification card issued by another state, the driver's license
number, commercial driver's license number, or state
identification card number;
(8) If the offender or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing the sexually oriented offense resulting in the
registration duty in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States, a DNA specimen, as defined in
section 109.573 of the Revised Code, from the offender or
delinquent child, a citation for, and the name of, the sexually
oriented offense resulting in the registration duty, and a
certified copy of a document that describes the text of that
sexually oriented offense;
(9) A description of each professional and occupational
license, permit, or registration, including those licenses,
permits, and registrations issued under Title XLVII of the Revised
Code, held by the offender or delinquent child;
(10) Any email addresses, internet identifiers, or telephone
numbers registered to or used by the offender or delinquent child;
(11) Any other information required by the bureau of criminal
identification and investigation.
(D) After an offender or delinquent child registers with a
sheriff, or the sheriff's designee, pursuant to this section, the
sheriff, or the sheriff's designee, shall forward the signed,
written registration form, photograph, and other material to the
bureau of criminal identification and investigation in accordance
with the forwarding procedures adopted pursuant to section 2950.13
of the Revised Code. If an offender registers a school,
institution of higher education, or place of employment address,
or provides a school or institution of higher education address
under division (C)(4) of this section, the sheriff also shall
provide notice to the law enforcement agency with jurisdiction
over the premises of the school, institution of higher education,
or place of employment of the offender's name and that the
offender has registered that address as a place at which the
offender attends school or an institution of higher education or
at which the offender is employed. The bureau shall include the
information and materials forwarded to it under this division in
the state registry of sex offenders and child-victim offenders
established and maintained under section 2950.13 of the Revised
Code.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is
required to send a notice of intent to reside pursuant to division
(G) of this section, shall fail to register or send the notice of
intent as required in accordance with those divisions or that
division.
(F) An offender or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code, with the duty commencing
on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is a tier III sex
offender/child-victim offender, the offender or delinquent child
also shall send the sheriff, or the sheriff's designee, of the
county in which the offender or delinquent child intends to reside
written notice of the offender's or delinquent child's intent to
reside in the county. The offender or delinquent child shall send
the notice of intent to reside at least twenty days prior to the
date the offender or delinquent child begins to reside in the
county. The notice of intent to reside shall contain the following
information:
(1) The offender's or delinquent child's name;
(2) The address or addresses at which the offender or
delinquent child intends to reside or, if the offender's or
delinquent child's intended residence is not a fixed address, a
detailed description of the place or places at which the offender
or delinquent child intends to stay;
(3) The sexually oriented offense of which the offender was
convicted, to which the offender pleaded guilty, or for which the
child was adjudicated a delinquent child.
(H) If, immediately prior to January 1, 2008, an offender or
delinquent child who was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense as those terms were
defined in section 2950.01 of the Revised Code prior to January 1,
2008, was required by division (A) of this section or section
2950.041 of the Revised Code to register and if, on or after
January 1, 2008, that offense is a sexually oriented offense as
that term is defined in section 2950.01 of the Revised Code on and
after January 1, 2008, the duty to register that is imposed
pursuant to this section on and after January 1, 2008, shall be
considered, for purposes of section 2950.07 of the Revised Code
and for all other purposes, to be a continuation of the duty
imposed upon the offender or delinquent child prior to January 1,
2008, under this section or section 2950.041 of the Revised Code.
(I)(1) An offender or delinquent child who states on the
registration form required by division (C) of this section that
the offender or delinquent child does not have a fixed residence
address shall include with the statement a detailed description of
the place or places at which the offender or delinquent child
intends to stay. For purposes of this section, sections 2950.06 to
2950.13 of the Revised Code, and sections 311.171 and 2919.24 of
the Revised Code, the place or places so described in the notice
shall be considered the offender's or delinquent child's residence
address and registered residence address and, if the offender or
delinquent child obtains a fixed residence address or otherwise
changes that registered residence address, the offender or
delinquent child shall comply with section 2950.05 of the Revised
Code.
(2)(a) An offender or delinquent child who states on the
registration form required by division (C) of this section that
the offender or delinquent child does not have a fixed residence
address and who is in any category described in division (I)(2)(b)
of this section shall be monitored by an active global positioning
system device for as long as the offender or delinquent child
remains without a fixed residence address and during any future
periods in which the offender or delinquent child does not have a
fixed residence address. The sheriff, or the sheriff's designee,
of the county in which the offender or delinquent child resides or
is temporarily domiciled shall cause the offender or delinquent
child to be monitored. The offender or delinquent child shall pay
the full costs of monitoring unless the offender or delinquent
child files with the sheriff or the sheriff's designee an
affidavit of indigency, supported by documentary evidence, showing
that the offender or delinquent child cannot pay part or all of
the costs of monitoring. To the extent that the offender or
delinquent child cannot pay the costs of monitoring, the county in
which the offender or delinquent child resides or is temporarily
domiciled shall pay those costs.
(b) The active global positioning system device monitoring
requirement imposed under division (I)(2)(a) of this section
applies to any offender or delinquent child who is in any of the
following categories:
(i) The offender is a tier III sex offender/child-victim
offender, or the delinquent child is a public registry-qualified
juvenile offender registrant, and a juvenile court has not removed
pursuant to section 2950.15 of the Revised Code the delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code.
(ii) The delinquent child is a tier III sex
offender/child-victim offender who is not a public
registry-qualified juvenile offender registrant, the delinquent
child was classified a juvenile offender registrant on or after
January 1, 2008, and a juvenile court has not removed pursuant to
section 2152.84 or 2152.85 of the Revised Code the delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code.
(iii) The offender or delinquent child is a sexual predator
relative to the sexually oriented offense for which the offender
or delinquent child has a duty to register under this section,
and, regarding a delinquent child, a juvenile court has not
subsequently removed pursuant to section 2152.84 or 2152.85 of the
Revised Code the delinquent child's duty to comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(iv) The sexually oriented offense for which the offender has
the duty to register under this section is an aggravated sexually
oriented offense, regardless of whether the offender is a sexual
predator relative to the offense.
(v) The offender or delinquent child is not in any category
described in division (I)(2)(b)(i), (ii), (iii), or (iv) of this
section, but the court in which the offender was convicted of or
pleaded guilty to the sexually oriented offense or the juvenile
court in which the delinquent child was adjudicated a delinquent
child for committing the sexually oriented offense has issued an
order in accordance with division (J) of this section that
subjects the offender or delinquent child to the active global
positioning system device monitoring requirement imposed under
division (I)(2)(a) of this section.
(J)(1) A court may issue an order of the type described in
division (I)(2)(b)(v) of this section at either of the following
times:
(a) When it sentences the offender or makes an order of
disposition of the delinquent child;
(b) At any time after the sentencing of the offender or the
disposition of the delinquent child upon its own motion, upon the
request of a law enforcement officer, or upon the request of the
offender's or delinquent child's parole officer, probation
officer, field officer, or other supervising officer if the
offender or delinquent child is on supervised release.
(2) A court in which an offender is convicted of, pleads
guilty to, or is adjudicated a delinquent child for committing a
sexually oriented offense retains jurisdiction to issue an order
of the type described in division (I)(2)(b)(v) of this section
during the period the offender or delinquent child is required to
register as specified in section 2950.07 of the Revised Code.
Sec. 2950.041. (A)(1)(a) Immediately after a sentencing
hearing is held on or after January 1, 2008, for an offender who
is convicted of or pleads guilty to a child-victim oriented
offense and is sentenced to a prison term, a term of imprisonment,
or any other type of confinement and before the offender is
transferred to the custody of the department of rehabilitation and
correction or to the official in charge of the jail, workhouse,
state correctional institution, or other institution where the
offender will be confined, the offender shall register personally
with the sheriff, or the sheriff's designee, of the county in
which the offender was convicted of or pleaded guilty to the
child-victim offense.
(b) Immediately after a dispositional hearing is held on or
after January 1, 2008, for a child who is adjudicated a delinquent
child for committing a child-victim oriented offense, is
classified a juvenile offender registrant based on that
adjudication, and is committed to the custody of the department of
youth services or to a secure facility that is not operated by the
department and before the child is transferred to the custody of
the department of youth services or the secure facility to which
the delinquent child is committed, the delinquent child shall
register personally with the sheriff, or the sheriff's designee,
of the county in which the delinquent child was classified a
juvenile offender registrant based on that child-victim oriented
offense.
(c) A law enforcement officer shall be present at the
sentencing hearing or dispositional hearing described in division
(A)(1)(a) or (b) of this section to immediately transport the
offender or delinquent child who is the subject of the hearing to
the sheriff, or the sheriff's designee, of the county in which the
offender or delinquent child is convicted, pleads guilty, or is
adjudicated a delinquent child.
(d) After an offender who has registered pursuant to division
(A)(1)(a) of this section is released from a prison term, a term
of imprisonment, or any other type of confinement, the offender
shall register as provided in division (A)(2) of this section.
After a delinquent child who has registered pursuant to division
(A)(1)(b) of this section is released from the custody of the
department of youth services or from a secure facility that is not
operated by the department, the delinquent child shall register as
provided in division (A)(3) of this section.
(2) Regardless of when the child-victim oriented offense was
committed, each offender who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a child-victim
oriented offense shall comply with all of the following
registration requirements:
(a) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county within three days of the
offender's coming into a county in which the offender resides or
temporarily is domiciled for more than three days.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county immediately upon coming
into a county in which the offender attends a school or
institution of higher education on a full-time or part-time basis
regardless of whether the offender resides or has a temporary
domicile in this state or another state.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender is
employed if the offender resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen or more days in
that calendar year.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has been employed at any
location or locations in this state for more than three days or
for an aggregate period of fourteen or more days in that calendar
year.
(e) The offender shall register personally with the sheriff,
or the sheriff's designee, or other appropriate person of the
other state immediately upon entering into any state other than
this state in which the offender attends a school or institution
of higher education on a full-time or part-time basis or upon
being employed in any state other than this state for more than
three days or for an aggregate period of fourteen or more days in
that calendar year regardless of whether the offender resides or
has a temporary domicile in this state, the other state, or a
different state.
(3) Regardless of when the child-victim oriented offense was
committed, each child who on or after July 31, 2003, is
adjudicated a delinquent child for committing a child-victim
oriented offense and who is classified a juvenile offender
registrant based on that adjudication shall register personally
with the sheriff, or the sheriff's designee, of the county within
three days of the delinquent child's coming into a county in which
the delinquent child resides or temporarily is domiciled for more
than three days. If the delinquent child is committed for the
child-victim oriented offense to the department of youth services
or to a secure facility that is not operated by the department,
this duty begins when the delinquent child is discharged or
released in any manner from custody in a department of youth
services secure facility or from the secure facility that is not
operated by the department if pursuant to the discharge or release
the delinquent child is not committed to any other secure facility
of the department or any other secure facility.
(4) Regardless of when the child-victim oriented offense was
committed, each person who is convicted, pleads guilty, or is
adjudicated a delinquent child in a court in another state, in a
federal court, military court, or Indian tribal court, or in a
court in any nation other than the United States for committing a
child-victim oriented offense shall comply with all of the
following registration requirements if, at the time the offender
or delinquent child moves to and resides in this state or
temporarily is domiciled in this state for more than three days,
the offender enters this state to attend the school or institution
of higher education, or the offender is employed in this state for
more than the specified period of time, the offender or delinquent
child has a duty to register as a child-victim offender or sex
offender under the law of that other jurisdiction as a result of
the conviction, guilty plea, or adjudication:
(a) Each offender and delinquent child shall register
personally with the sheriff, or the sheriff's designee, of the
county within three days of the offender's or delinquent child's
coming into the county in which the offender or delinquent child
resides or temporarily is domiciled for more than three days.
(b) Each offender shall register personally with the sheriff,
or the sheriff's designee, of the county immediately upon coming
into a county in which the offender attends a school or
institution of higher education on a full-time or part-time basis
regardless of whether the offender resides or has a temporary
domicile in this state or another state.
(c) Each offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender is
employed if the offender resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen days or more in
that calendar year.
(d) Each offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has not been employed at any
location or locations in this state for more than three days or
for an aggregate period of fourteen or more days in that calendar
year.
(5) An offender is not required to register under division
(A)(2), (3), or (4) of this section if a court issues an order
terminating the offender's duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to
section 2950.15 of the Revised Code. A delinquent child who is a
juvenile offender registrant but is not a public
registry-qualified juvenile offender registrant is not required to
register under any of those divisions if a juvenile court issues
an order declassifying the delinquent child as a juvenile offender
registrant pursuant to section 2152.84 or 2152.85 of the Revised
Code.
(B) An offender or delinquent child who is required by
division (A) of this section to register in this state personally
shall do so in the manner described in division (B) of section
2950.04 of the Revised Code, and the registration is complete as
described in that division.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include or contain all of the following
for the offender or delinquent child who is registering:
(1) The offender's or delinquent child's name, any aliases
used by the offender or delinquent child, and a photograph of the
offender or delinquent child;
(2) The offender's or delinquent child's social security
number and date of birth, including any alternate social security
numbers or dates of birth that the offender or delinquent child
has used or uses;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1) of this
section, a statement that the offender is serving a prison term,
term of imprisonment, or any other type of confinement or a
statement that the delinquent child is in the custody of the
department of youth services or is confined in a secure facility
that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(2), (3), or
(4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than three days, all of the information and
statements described in division (C)(4) of section 2950.04 of the
Revised Code and division (I)(1) of this section;
(5) Regarding an offender who is registering under a duty
imposed under division (A)(2) or (4) of this section as a result
of the offender attending a school or institution of higher
education on a full-time or part-time basis or being employed in
this state or in a particular county in this state, whichever is
applicable, for more than three days or for an aggregate of
fourteen or more days in any calendar year, all of the information
described in division (C)(5) of section 2950.04 of the Revised
Code;
(6) The identification license plate number issued by this
state or any other state of each vehicle the offender or
delinquent child owns, of each vehicle registered in the
offender's or delinquent child's name, of each vehicle the
offender or delinquent child operates as a part of employment, and
of each other vehicle that is regularly available to be operated
by the offender or delinquent child; a description of where each
vehicle is habitually parked, stored, docked, or otherwise kept;
and, if required by the bureau of criminal identification and
investigation, a photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver's or
commercial driver's license or permit issued by this state or any
other state or a state identification card issued under section
4507.50 or 4507.51 of the Revised Code or a comparable
identification card issued by another state, the driver's license
number, commercial driver's license number, or state
identification card number;
(8) If the offender or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing the child-victim oriented offense resulting in the
registration duty in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States, a DNA specimen, as defined in
section 109.573 of the Revised Code, from the offender or
delinquent child, a citation for, and the name of, the
child-victim oriented offense resulting in the registration duty,
and a certified copy of a document that describes the text of that
child-victim oriented offense;
(9) Copies of travel and immigration documents;
(10) A description of each professional and occupational
license, permit, or registration, including those licenses,
permits, and registrations issued under Title XLVII of the Revised
Code, held by the offender or delinquent child;
(11) Any email addresses, internet identifiers, or telephone
numbers registered to or used by the offender or delinquent child;
(12) Any other information required by the bureau of criminal
identification and investigation.
(D) Division (D) of section 2950.04 of the Revised Code
applies when an offender or delinquent child registers with a
sheriff pursuant to this section.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is
required to send a notice of intent to reside pursuant to division
(G) of this section, shall fail to register or send the notice as
required in accordance with those divisions or that division.
(F) An offender or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code, with the duty commencing
on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is a tier III sex
offender/child-victim offender, the offender or delinquent child
also shall send the sheriff, or the sheriff's designee, of the
county in which the offender or delinquent child intends to reside
written notice of the offender's or delinquent child's intent to
reside in the county. The offender or delinquent child shall send
the notice of intent to reside at least twenty days prior to the
date the offender or delinquent child begins to reside in the
county. The notice of intent to reside shall contain all of the
following information:
(1) The information specified in divisions (G)(1) and (2) of
section 2950.04 of the Revised Code;
(2) The child-victim oriented offense of which the offender
was convicted, to which the offender pleaded guilty, or for which
the child was adjudicated a delinquent child.
(H) If, immediately prior to January 1, 2008, an offender or
delinquent child who was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a child-victim
oriented offense or a sexually oriented offense as those terms
were defined in section 2950.01 of the Revised Code prior to
January 1, 2008, was required by division (A) of this section or
section 2950.04 of the Revised Code to register and if, on or
after January 1, 2008, that offense is a child-victim oriented
offense as that term is defined in section 2950.01 of the Revised
Code on and after January 1, 2008, the duty to register that is
imposed pursuant to this section on and after January 1, 2008,
shall be considered, for purposes of section 2950.07 of the
Revised Code and for all other purposes, to be a continuation of
the duty imposed upon the offender or delinquent child prior to
January 1, 2008, under this section or section 2950.04 of the
Revised Code.
(I)(1) An offender or delinquent child who states on the
registration form required by division (C) of this section that
the offender or delinquent child does not have a fixed residence
address shall include with the statement a detailed description of
the place or places at which the offender or delinquent child
intends to stay. For purposes of this section, sections 2950.06 to
2950.13 of the Revised Code, and sections 311.171 and 2919.24 of
the Revised Code, the place or places so described in the notice
shall be considered the offender's or delinquent child's residence
address and registered residence address and, if the offender or
delinquent child obtains a fixed residence address or otherwise
changes that registered residence address, the offender or
delinquent child shall comply with section 2950.05 of the Revised
Code.
(2)(a) An offender or delinquent child who states on the
registration form required by division (C) of this section that
the offender or delinquent child does not have a fixed residence
address and who is in any category described in division (I)(2)(b)
of this section shall be monitored by an active global positioning
system device for as long as the offender or delinquent child
remains without a fixed residence address and during any future
periods in which the offender or delinquent child does not have a
fixed residence address. The sheriff, or the sheriff's designee,
of the county in which the offender or delinquent child resides or
is temporarily domiciled shall cause the offender or delinquent
child to be monitored. The offender or delinquent child shall pay
the full costs of monitoring unless the offender or delinquent
child files with the sheriff or the sheriff's designee an
affidavit of indigency, supported by documentary evidence, showing
that the offender or delinquent child cannot pay part or all of
the costs of monitoring. To the extent that the offender or
delinquent child cannot pay the costs of monitoring, the county in
which the offender or delinquent child resides or is temporarily
domiciled shall pay those costs.
(b) The active global positioning system device monitoring
requirement imposed under division (I)(2)(a) of this section
applies to any offender or delinquent child who is in any of the
following categories:
(i) The offender is a tier III sex offender/child-victim
offender, or the delinquent child is a public registry-qualified
juvenile offender registrant and a juvenile court has not removed
pursuant to section 2950.15 of the Revised Code the delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code.
(ii) The delinquent child is a tier III sex
offender/child-victim offender who is not a public
registry-qualified juvenile offender registrant, the delinquent
child was classified a juvenile offender registrant on or after
January 1, 2008, and a juvenile court has not removed pursuant to
section 2152.84 or 2152.85 of the Revised Code the delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code.
(iii) The offender or delinquent child is a child-victim
predator relative to the child-victim oriented offense for which
the offender or delinquent child has a duty to register under this
section, and, regarding a delinquent child, a juvenile court has
not subsequently removed pursuant to section 2152.84 or 2152.85 of
the Revised Code the delinquent child's duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code.
(iv) The offender or delinquent child is not in any category
described in division (I)(2)(b)(i), (ii), or (iii) of this section
but the court in which the offender was convicted of or pleaded
guilty to the child-victim oriented offense or the juvenile court
in which the delinquent child was adjudicated a delinquent child
for committing the child-victim oriented offense has issued an
order in accordance with division (J) of this section that
subjects the offender or delinquent child to the active global
positioning system device monitoring requirement imposed under
division (I)(2)(a) of this section.
(J)(1) A court may issue an order of the type described in
division (I)(2)(b)(iv) of this section at either of the following
times:
(a) When it sentences the offender or makes an order of
disposition of the delinquent child;
(b) At any time after the sentencing of the offender or the
disposition of the delinquent child upon its own motion, upon the
request of a law enforcement officer, or upon the request of the
offender's or delinquent child's parole officer, probation
officer, field officer, or other supervising officer if the
offender or delinquent child is on supervised release.
(2) A court in which an offender is convicted of, pleads
guilty to, or is adjudicated a delinquent child for committing a
child-victim oriented offense retains jurisdiction to issue an
order of the type described in division (I)(2)(b)(iv) of this
section during the period the offender or delinquent child is
required to register as specified in section 2950.07 of the
Revised Code.
Sec. 2950.05. (A) If an offender or delinquent child is
required to register pursuant to division (A)(2), (3), or (4) of
section 2950.04 or 2950.041 of the Revised Code, the delinquent
child if not a public registry-qualified juvenile offender
registrant shall provide written notice of any change of residence
address, and the offender and delinquent child if a public
registry-qualified juvenile offender registrant shall provide
notice of any change of residence, school, institution of higher
education, or place of employment address, to the sheriff with
whom the offender or delinquent child most recently registered the
address under division (A)(2), (3), or (4) of section 2950.04 or
2950.041 of the Revised Code or under division (B) of this
section. A written notice of a change of school, institution of
higher education, or place of employment address also shall
include the name of the new school, institution of higher
education, or place of employment. The delinquent child if not a
public registry-qualified juvenile offender registrant shall
provide the written notice at least twenty days prior to changing
the residence address, and the offender and public
registry-qualified juvenile offender registrant shall provide the
written notice at least twenty days prior to changing the address
of the residence, school, or institution of higher education and
not later than three days after changing the address of the place
of employment. They shall provide the written notices during the
period they are required to register. If a residence address
change is not to a fixed address, the offender or delinquent child
shall include in that notice a detailed description of the place
or places at which the offender or delinquent child intends to
stay and, not later than the end of the first business day
immediately following the day on which the
person offender or
delinquent child obtains a fixed residence address, shall provide
that sheriff written notice of that fixed residence address. If a
person an offender or delinquent child whose residence address
change is not to a fixed address describes in a notice under this
division the place or places at which the person intends to stay,
for purposes of divisions (C) to (I) of this section, sections
2950.06 to 2950.13 of the Revised Code, and sections 311.171 and
2919.24 of the Revised Code, the place or places so described in
the notice shall be considered the
person's offender's or
delinquent child's residence address and registered residence
address until the person offender or delinquent child provides the
written notice of a fixed residence address as described in this
division.
An offender or delinquent child who is in any category
described in division (I)(2)(b) of section 2950.04 or 2950.041 of
the Revised Code and whose residence address change is not to a
fixed address shall be monitored by an active global positioning
system device as provided in division (I) of section 2950.04 or
division (I) of section 2950.041 of the Revised Code until the
offender or delinquent child provides written notice of a fixed
residence address as described in this division.
(B) If an offender or public registry-qualified juvenile
offender registrant is required to provide notice of a residence,
school, institution of higher education, or place of employment
address change under division (A) of this section, or a delinquent
child who is not a public registry-qualified juvenile offender
registrant is required to provide notice of a residence address
change under that division, the offender or delinquent child, at
least twenty days prior to changing the residence, school, or
institution of higher education address and not later than three
days after changing the place of employment address, as
applicable, also shall register the new address in the manner, and
using the form, described in divisions (B) and (C) of section
2950.04 or 2950.041 of the Revised Code, whichever is applicable,
with the sheriff of the county in which the offender's or
delinquent child's new address is located, subject to division (C)
of this section. If a residence address change is not to a fixed
address, the offender or delinquent child shall include in the
registration a detailed description of the place or places at
which the offender or delinquent child intends to stay and, not
later than the end of the first business day immediately following
the day on which the person offender or delinquent child obtains a
fixed residence address, shall register with that sheriff that
fixed residence address. If
a person an offender or delinquent
child whose residence address change is not to a fixed address
describes in a registration under this division the place or
places at which the person intends to stay, for purposes of
divisions (C) to (I) of this section, sections 2950.06 to 2950.13
of the Revised Code, and sections 311.171 and 2919.24 of the
Revised Code, the place or places so described in the registration
shall be considered the person's offender's or delinquent child's
residence address and registered residence address, until the
person offender or delinquent child registers a fixed residence
address as described in this division.
An offender or delinquent
child who is in any category described in division (I)(2)(b) of
section 2950.04 or 2950.041 of the Revised Code and whose
residence address change is not to a fixed address shall be
monitored by an active global positioning system device as
provided in division (I) of section 2950.04 or division (I) of
section 2950.041 of the Revised Code until the offender or
delinquent child provides written notice of a fixed residence
address as described in this division.
(C) Divisions (A) and (B) of this section apply to a person
an offender or delinquent child who is required to register
pursuant to division (A)(2), (3), or (4) of section 2950.04 or
2950.041 of the Revised Code regardless of whether the new
residence, school, institution of higher education, or place of
employment address is in this state or in another state. If the
new address is in another state, the person offender or delinquent
child shall register with the appropriate law enforcement
officials in that state in the manner required under the law of
that state and within the earlier of the period of time required
under the law of that state or at least seven days prior to
changing the address.
(D) If an offender or delinquent child who is a public
registry-qualified juvenile offender registrant is required to
register pursuant to division (A)(2), (3), or (4) of section
2950.04 or 2950.041 of the Revised Code, the offender or public
registry-qualified juvenile offender registrant shall provide
written notice, within three days of the change, of any change in
vehicle information, email addresses, internet identifiers, or
telephone numbers registered to or used by the offender or
registrant to the sheriff with whom the offender or registrant has
most recently registered under division (A)(2), (3), or (4) of
section 2950.04 or 2950.041 of the Revised Code.
(E)(1) Upon receiving from an offender or delinquent child
pursuant to division (A) of this section notice of a change of the
offender's or public registry-qualified juvenile offender
registrant's residence, school, institution of higher education,
or place of employment address or the residence address of a
delinquent child who is not a public registry-qualified juvenile
offender registrant, a sheriff promptly shall forward the new
address to the bureau of criminal identification and investigation
in accordance with the forwarding procedures adopted pursuant to
section 2950.13 of the Revised Code if the new address is in
another state or, if the new address is located in another county
in this state, to the sheriff of that county. Upon receiving from
an offender or public registry-qualified juvenile offender
registrant notice of vehicle and identifier changes pursuant to
division (D) of this section, a sheriff promptly shall forward the
new information to the bureau of criminal identification and
investigation in accordance with the forwarding procedures adopted
pursuant to section 2950.13 of the Revised Code. The bureau shall
include all information forwarded to it under this division in the
state registry of sex offenders and child-victim offenders
established and maintained under section 2950.13 of the Revised
Code and shall forward notice of the offender's or delinquent
child's new residence, school, institution of higher education, or
place of employment address, as applicable, to the appropriate
officials in the other state.
(2) When an offender or public registry-qualified juvenile
offender registrant registers a new residence, school, institution
of higher education, or place of employment address or a
delinquent child who is not a public registry-qualified juvenile
offender registrant registers a new residence address pursuant to
division (B) of this section, the sheriff with whom the offender
or delinquent child registers and the bureau of criminal
identification and investigation shall comply with division (D) of
section 2950.04 or 2950.041 of the Revised Code, whichever is
applicable.
(F)(1) No person who is required to notify a sheriff of a
change of address pursuant to division (A) of this section or a
change in vehicle information or identifiers pursuant to division
(D) of this section shall fail to notify the appropriate sheriff
in accordance with that division.
(2) No person who is required to register a new residence,
school, institution of higher education, or place of employment
address with a sheriff or with an official of another state
pursuant to divisions (B) and (C) of this section shall fail to
register with the appropriate sheriff or official of the other
state in accordance with those divisions.
(G)(1) It is an affirmative defense to a charge of a
violation of division (F)(1) of this section that it was
impossible for the person to provide the written notice to the
sheriff as required under division (A) of this section because of
a lack of knowledge, on the date specified for the provision of
the written notice, of a residence, school, institution of higher
education, or place of employment address change, and that the
person provided notice of the residence, school, institution of
higher education, or place of employment address change to the
sheriff specified in division (A) of this section as soon as
possible, but not later than the end of the first business day,
after learning of the address change by doing either of the
following:
(a) The person provided notice of the address change to the
sheriff specified in division (A) of this section by telephone
immediately upon learning of the address change or, if the person
did not have reasonable access to a telephone at that time, as
soon as possible, but not later than the end of the first business
day, after learning of the address change and having reasonable
access to a telephone, and the person, as soon as possible, but
not later than the end of the first business day, after providing
notice of the address change to the sheriff by telephone, provided
written notice of the address change to that sheriff.
(b) The person, as soon as possible, but not later than the
end of the first business day, after learning of the address
change, provided written notice of the address change to the
sheriff specified in division (A) of this section.
(2) It is an affirmative defense to a charge of a violation
of division (F)(2) of this section that it was impossible for the
person to register the new address with the sheriff or the
official of the other state as required under division (B) or (C)
of this section because of a lack of knowledge, on the date
specified for the registration of the new address, of a residence,
school, institution of higher education, or place of employment
address change, and that the person registered the new residence,
school, institution of higher education, or place of employment
address with the sheriff or the official of the other state
specified in division (B) or (C) of this section as soon as
possible, but not later than the end of the first business day,
after learning of the address change by doing either of the
following:
(a) The person provided notice of the new address to the
sheriff or official specified in division (B) or (C) of this
section by telephone immediately upon learning of the new address
or, if the person did not have reasonable access to a telephone at
that time, as soon as possible, but not later than the end of the
first business day, after learning of the new address and having
reasonable access to a telephone, and the person, as soon as
possible, but not later than the end of the first business day,
after providing notice of the new address to the sheriff or
official by telephone, registered the new address with that
sheriff or official in accordance with division (B) or (C) of this
section.
(b) The person, as soon as possible, but not later than the
end of the first business day, after learning of the new address,
registered the new address with the sheriff or official specified
in division (B) or (C) of this section, in accordance with that
division.
(H) An offender or delinquent child who is required to comply
with divisions (A), (B), and (C) of this section shall do so for
the period of time specified in section 2950.07 of the Revised
Code.
(I) As used in this section, and in all other sections of the
Revised Code that refer to the duties imposed on an offender or
delinquent child under this section relative to a change in the
offender's or delinquent child's residence, school, institution of
higher education, or place of employment address, "change in
address" includes any circumstance in which the old address for
the person in question no longer is accurate, regardless of
whether the person in question has a new address.
Section 2. That existing sections 2950.01, 2950.03, 2950.04,
2950.041, and 2950.05 of the Revised Code are hereby repealed.
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