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H. B. No. 77 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Garland, Blessing, Combs, Grossman, Hottinger, Patmon
A BILL
To amend sections 2152.02, 2152.851, 2152.86,
2950.01, 2950.03, 2950.04, 2950.041, 2950.06,
2950.07, 2950.08, and 2950.13, to enact sections
2950.035, 2950.036, and 2950.037, and to repeal
sections 2950.031, 2950.032, 2950.033, and
2950.043 of the Revised Code to clarify that SORN
Law definitions of sexually oriented offenses,
child-victim oriented offenses, tier
classifications, public registry-qualified
juvenile offender registrants, and related terms
include the specified offenses regardless of when
they were committed and to provide for court
reclassification of offenders and delinquent
children who committed their sexually oriented
offense or child-victim oriented offense prior to
January 1, 2008, and had SORN Law duties based on
that offense into one of the tier classifications
of the current SORN Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.02, 2152.851, 2152.86, 2950.01,
2950.03, 2950.04, 2950.041, 2950.06, 2950.07, 2950.08, and 2950.13
be amended and sections 2950.035, 2950.036, and 2950.037 of the
Revised Code be enacted to read as follows:
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a
complaint, indictment, or information alleging that a child is a
delinquent child.
(B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the department and admission to a comparable facility outside this
state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of
age, except as otherwise provided in divisions (C)(2) to (7) of
this section.
(2) Subject to division (C)(3) of this section, any person
who violates a federal or state law or a municipal ordinance prior
to attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held.
(3) Any person who, while under eighteen years of age,
commits an act that would be a felony if committed by an adult and
who is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age is not a child in
relation to that act.
(4) Any person whose case is transferred for criminal
prosecution pursuant to section 2152.12 of the Revised Code shall
be deemed after the transfer not to be a child in the transferred
case.
(5) Any person whose case is transferred for criminal
prosecution pursuant to section 2152.12 of the Revised Code and
who subsequently is convicted of or pleads guilty to a felony in
that case, and any person who is adjudicated a delinquent child
for the commission of an act, who has a serious youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code, and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code, shall be deemed after the transfer or invocation
not to be a child in any case in which a complaint is filed
against the person.
(6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to attaining eighteen years of age until the person attains
twenty-one years of age, and, for purposes of that jurisdiction
related to that adjudication, except as otherwise provided in this
division, a person who is so adjudicated a delinquent child or
juvenile traffic offender shall be deemed a "child" until the
person attains twenty-one years of age. If a person is so
adjudicated a delinquent child or juvenile traffic offender and
the court makes a disposition of the person under this chapter, at
any time after the person attains eighteen years of age, the
places at which the person may be held under that disposition are
not limited to places authorized under this chapter solely for
confinement of children, and the person may be confined under that
disposition, in accordance with division (F)(2) of section 2152.26
of the Revised Code, in places other than those authorized under
this chapter solely for confinement of children.
(7) Any person who, while eighteen years of age, violates
division (A)(1) or (2) of section 2919.27 of the Revised Code by
violating a protection order issued or consent agreement approved
under section 2151.34 or 3113.31 of the Revised Code shall be
considered a child for the purposes of that violation of section
2919.27 of the Revised Code.
(D) "Chronic truant" means any child of compulsory school age
who is absent without legitimate excuse for absence from the
public school the child is supposed to attend for seven or more
consecutive school days, ten or more school days in one school
month, or fifteen or more school days in a school year.
(E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who
violates any law of this state or the United States, or any
ordinance of a political subdivision of the state, that would be
an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made
under this chapter or under Chapter 2151. of the Revised Code
other than an order issued under section 2151.87 of the Revised
Code;
(3) Any child who violates division (C) of section 2907.39,
division (A) of section 2923.211, or division (C)(1) or (D) of
section 2925.55 of the Revised Code;
(4) Any child who is a habitual truant and who previously has
been adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful offender" means a person
who is eligible for a discretionary SYO and who is not transferred
to adult court under a mandatory or discretionary transfer.
(H) "Discretionary SYO" means a case in which the juvenile
court, in the juvenile court's discretion, may impose a serious
youthful offender disposition under section 2152.13 of the Revised
Code.
(I) "Discretionary transfer" means that the juvenile court
has discretion to transfer a case for criminal prosecution under
division (B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and
"minor drug possession offense" have the same meanings as in
section 2925.01 of the Revised Code.
(K) "Electronic monitoring" and "electronic monitoring
device" have the same meanings as in section 2929.01 of the
Revised Code.
(L) "Economic loss" means any economic detriment suffered by
a victim of a delinquent act or juvenile traffic offense as a
direct and proximate result of the delinquent act or juvenile
traffic offense and includes any loss of income due to lost time
at work because of any injury caused to the victim and any
property loss, medical cost, or funeral expense incurred as a
result of the delinquent act or juvenile traffic offense.
"Economic loss" does not include non-economic loss or any punitive
or exemplary damages.
(M) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(N) "Juvenile traffic offender" means any child who violates
any traffic law, traffic ordinance, or traffic regulation of this
state, the United States, or any political subdivision of this
state, other than a resolution, ordinance, or regulation of a
political subdivision of this state the violation of which is
required to be handled by a parking violations bureau or a joint
parking violations bureau pursuant to Chapter 4521. of the Revised
Code.
(O) A "legitimate excuse for absence from the public school
the child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code.
(P) "Mandatory serious youthful offender" means a person who
is eligible for a mandatory SYO and who is not transferred to
adult court under a mandatory or discretionary transfer.
(Q) "Mandatory SYO" means a case in which the juvenile court
is required to impose a mandatory serious youthful offender
disposition under section 2152.13 of the Revised Code.
(R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section
5122.01 of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in
section 5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the
same meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section 149.43
of the Revised Code.
(X) "Serious youthful offender" means a person who is
eligible for a mandatory SYO or discretionary SYO but who is not
transferred to adult court under a mandatory or discretionary
transfer.
(Y) "Sexually oriented offense," "juvenile offender
registrant," "child-victim oriented offense," "tier I sex
offender/child-victim offender," "tier II sex
offender/child-victim offender," "tier III sex
offender/child-victim offender," "judicial tier reclassification,"
and "public registry-qualified juvenile offender registrant" have
the same meanings as in section 2950.01 of the Revised Code.
(Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer, that is eligible for a disposition under sections
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and
that is not eligible for a disposition under section 2152.13 of
the Revised Code.
(AA) "Transfer" means the transfer for criminal prosecution
of a case involving the alleged commission by a child of an act
that would be an offense if committed by an adult from the
juvenile court to the appropriate court that has jurisdiction of
the offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(2) A violation of section 2923.02 of the Revised Code
involving an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02, 2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code that
is a felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code as it
existed prior to September 3, 1996.
(DD) "Non-economic loss" means nonpecuniary harm suffered by
a victim of a delinquent act or juvenile traffic offense as a
result of or related to the delinquent act or juvenile traffic
offense, including, but not limited to, pain and suffering; loss
of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
Sec. 2152.851. (A) If, prior to January 1, 2008, a judge
issues an order under section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code that classifies a delinquent child a
juvenile offender registrant based on an adjudication for 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, and if, on and after January 1, 2008,
the offense upon which the order was based is a sexually oriented
offense or a child-victim oriented offense as those terms are
defined in section 2950.01 of the Revised Code on and after
January 1, 2008, notwithstanding the changes to sections 2152.82,
2152.83, 2152.84, and 2152.85 of the Revised Code made on January
1, 2008, on and after that date, the order shall remain in effect
for the period described in the section under which it was issued
as that section exists on and after January 1, 2008, subject to
subsequent modification or termination under section 2152.84,
2152.85, or 2950.15 of the Revised Code, or, if division (A)(3) of
section 2152.86 of the Revised Code applies regarding the child,
for the period described in division (C) of that section subject
to modification or termination under section 2152.84, 2152.85, or
2950.15 of the Revised Code, whichever is applicable, and the duty
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code 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 is a continuation of the duty
imposed upon the child prior to January 1, 2008, under the order
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and
Chapter 2950. of the Revised Code.
(B) If a judge issued an order prior to January 1, 2008,
under section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised
Code classifying a delinquent child a juvenile offender registrant
based on an adjudication for a sexually oriented offense or
child-victim oriented offense and if the child has a duty on and
after the date of the judicial tier reclassification of the child
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code based on that offense, the duty to comply with
those sections resulting from the reclassification is a
continuation of the duty imposed upon the child prior to January
1, 2008, under the order issued under section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code.
Sec. 2152.86. (A)(1) The court that, on or after January 1,
2008, adjudicates a child a delinquent child for committing an act
shall issue as part of the dispositional order an order that
classifies the child a juvenile offender registrant, specifies
that the child has a duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code, and
additionally classifies the child a public registry-qualified
juvenile offender registrant if the child was fourteen, fifteen,
sixteen, or seventeen years of age at the time of committing the
act, the court imposed on the child a serious youthful offender
dispositional sentence under section 2152.13 of the Revised Code,
and the child is adjudicated a delinquent child for committing,
attempting to commit, conspiring to commit, or complicity in
committing any 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) Upon a child's release, on or after January 1, 2008, from
the department of youth services, the court shall issue an order
that classifies the child a juvenile offender registrant,
specifies that the child has a duty to comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and
additionally classifies the child a public registry-qualified
juvenile offender registrant if all of the following apply:
(a) The child was adjudicated a delinquent child, and a
juvenile court imposed on the child a serious youthful offender
dispositional sentence under section 2152.13 of the Revised Code
for committing one of the acts described in division (A)(1)(a) or
(b) of this section.
(b) The child was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(c) The court did not issue an order classifying the child as
both a juvenile offender registrant and a public
registry-qualified juvenile offender registrant pursuant to
division (A)(1) of this section.
(3) If a court issued an order classifying a child a juvenile
offender registrant pursuant to section 2152.82 or 2152.83 of the
Revised Code prior to January 1, 2008, not later than February 1,
2008, the court shall issue a new order that reclassifies the
child as a juvenile offender registrant, specifies that the child
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code, and additionally classifies the child
a public registry-qualified juvenile offender registrant if all of
the following apply:
(a) The sexually oriented offense that was the basis of the
previous order that classified the child a juvenile offender
registrant was an act described in division (A)(1)(a) or (b) of
this section.
(b) The child was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(c) The court imposed on the child a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for the act described in division (A)(1)(a) or (b) of
this section.
(B)(1) If an order is issued under division (A)(1), (2), or
(3) of this section, the classification of tier III sex
offender/child-victim offender automatically applies to the
delinquent child based on the sexually oriented offense the child
committed, subject to a possible reclassification pursuant to
division (D) of this section for a child whose delinquent act was
committed prior to January 1, 2008. If an order is issued under
division (A)(2) of this section regarding a child whose delinquent
act described in division (A)(1)(a) or (b) of this section was
committed prior to January 1, 2008, or if an order is issued under
division (A)(3) of this section regarding a delinquent child, the
order shall inform the child and the child's parent, guardian, or
custodian, that the child has a right to a hearing as described in
division (D) of this section and inform the child and the child's
parent, guardian, or custodian of the procedures for requesting
the hearing and the period of time within which the request for
the hearing must be made. Section 2152.831 of the Revised Code
does not apply regarding an order issued under division (A)(1),
(2), or (3) of this section.
(2) The judge that issues an order under division (A)(1),
(2), or (3) of this section shall provide to the delinquent child
who is the subject of the order and to the delinquent child's
parent, guardian, or custodian the notice required under divisions
(A) and (B) of section 2950.03 of the Revised Code and shall
provide as part of that notice a copy of the order required under
division (A)(1), (2), or (3) of this section. The judge shall
include the order in the delinquent child's dispositional order
and shall specify in the dispositional order that the order issued
under division (A)(1), (2), or (3) of this section was made
pursuant to this section.
(C) An order issued under division (A)(1), (2), or (3) of
this section shall remain in effect for the period of time
specified in section 2950.07 of the Revised Code as it exists on
and after January 1, 2008, subject to a judicial termination of
that period of time as provided in section 2950.15 of the Revised
Code, subject to a possible reclassification of the child pursuant
to division (D) of this section if the child's delinquent act was
committed prior to January 1, 2008. If an order is issued under
division (A)(1), (2), or (3) of this section, the child's
attainment of eighteen or twenty-one years of age does not affect
or terminate the order, and the order remains in effect for the
period of time described in this division. If an order is issued
under division (A)(3) of this section, the duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code based upon that order 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 to comply with those sections
imposed upon the child prior to January 1, 2008, under the order
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and
Chapter 2950. of the Revised Code.
(D)(1) If an order is issued under division (A)(2) of this
section regarding a delinquent child whose delinquent act
described in division (A)(1)(a) or (b) of this section was
committed prior to January 1, 2008, or if an order is issued under
division (A)(3) of this section regarding a delinquent child,
except as otherwise provided in this division, the child may
request as a matter of right a court hearing to contest the
court's classification in the order of the child as a public
registry-qualified juvenile offender registrant. To request the
hearing, not later than the date that is sixty days after the
delinquent child is provided with the copy of the order, the
delinquent child shall file a petition with the juvenile court
that issued the order.
If the delinquent child requests a hearing by timely filing a
petition with the juvenile court, the delinquent child shall serve
a copy of the petition on the prosecutor who handled the case in
which the delinquent child was adjudicated a delinquent child for
committing the sexually oriented offense or child-victim oriented
offense that resulted in the delinquent child's registration duty
under section 2950.04 or 2950.041 of the Revised Code. The
prosecutor shall represent the interest of the state in the
hearing. In any hearing under this division, the Rules of Juvenile
Procedure apply except to the extent that those Rules would by
their nature be clearly inapplicable. The court shall schedule a
hearing and shall provide notice to the delinquent child and the
delinquent child's parent, guardian, or custodian and to the
prosecutor of the date, time, and place of the hearing.
If the delinquent child requests a hearing in accordance with
this division, until the court issues its decision at or
subsequent to the hearing, the delinquent child shall comply with
Chapter 2950. of the Revised Code as it exists on and after
January 1, 2008. If a delinquent child requests a hearing in
accordance with this division, at the hearing, all parties are
entitled to be heard, and the court shall consider all relevant
information and testimony presented relative to the issue of
whether the child should be classified a public registry-qualified
juvenile offender registrant. Notwithstanding the court's
classification of the delinquent child as a public
registry-qualified juvenile offender registrant, the court may
terminate that classification if it determines by clear and
convincing evidence that the classification is in error.
If the court decides to terminate the court's classification
of the delinquent child as a public registry-qualified juvenile
offender registrant, the court shall issue an order that specifies
that it has determined that the child is not a public
registry-qualified juvenile offender registrant and that it has
terminated the court's classification of the delinquent child as a
public registry-qualified juvenile offender registrant. The court
promptly shall serve a copy of the order upon the sheriff with
whom the delinquent child most recently registered under section
2950.04 or 2950.041 of the Revised Code and upon the bureau of
criminal identification and investigation. The delinquent child
and the prosecutor have the right to appeal the decision of the
court issued under this division.
If the delinquent child fails to request a hearing in
accordance with this division within the applicable sixty-day
period specified in this division, the failure constitutes a
waiver by the delinquent child of the delinquent child's right to
a hearing under this division, and the delinquent child is bound
by the court's classification of the delinquent child as a public
registry-qualified juvenile offender registrant.
(2) An order issued under division (D)(1) of this section is
independent of any court order of a type described in division (F)
of section 2950.031 of the Revised Code or division (E) of section
2950.032 of the Revised Code specifying the judicial tier
reclassification of a delinquent child, and the court may issue
both an order under both division (D)(1) of this section and an
order of a type described in division (F) of section 2950.031 of
the Revised Code or division (E) of section 2950.032 of the
Revised Code specifying the judicial tier reclassification for the
same delinquent child. A court that conducts a hearing under
division (D)(1) of this section may consolidate that hearing with
a hearing conducted for the same delinquent child under division
(F) of section 2950.031 of the Revised Code or division (E) of
section
2950.032 2950.035 or 2950.036 of the Revised Code to
determine the judicial tier reclassification of the child.
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 and regardless of whether the violation or offense
was committed prior to, on, or after the effective date of this
amendment:
(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,
regardless of whether the offense was committed prior to, on, or
after the effective date of this amendment.
(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 and regardless of whether the violation or
offense was committed prior to, on, or after the effective date of
this amendment, 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, regardless of whether the offense was committed
prior to, on, or after the effective date of this amendment.
(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, regardless of whether the offense was
committed prior to, on, or after the effective date of this
amendment:
(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, regardless of whether the offense
was committed prior to, on, or after the effective date of this
amendment, 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, regardless of whether
the offense was committed prior to, on, or after the effective
date of this amendment, 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, regardless of
whether the offense was committed prior to, on, or after the
effective date of this amendment, 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, regardless of whether the offense was
committed prior to, on, or after the effective date of this
amendment:
(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, regardless of whether the prior
offense or offenses were committed prior to, on, or after the
effective date of this amendment.
(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, regardless
of whether the current offense and the prior offense or offenses
were committed prior to, on, or after the effective date of this
amendment.
(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, regardless of whether
the offense was committed prior to, on, or after the effective
date of this amendment, 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, regardless of
whether the offense was committed prior to, on, or after the
effective date of this amendment, 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 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 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 2950.035 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, regardless of whether the offense was
committed prior to, on, or after the effective date of this
amendment:
(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,
regardless of whether the prior offense or offenses were committed
prior to, on, or after the effective date of this amendment.
(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, regardless of whether the
current offense and the prior offense or offenses were committed
prior to, on, or after the effective date of this amendment.
(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, regardless of whether
the offense was committed prior to, on, or after the effective
date of this amendment, 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, regardless of
whether the offense was committed prior to, on, or after the
effective date of this amendment, 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 2950.035 or 2950.036 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,
regardless of whether the offense was committed prior to, on, or
after the effective date of this amendment, 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, regardless of whether the act
was committed prior to, on, or after the effective date of this
amendment, 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, regardless of
whether the act was committed prior to, on, or after the effective
date of this amendment:
(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, regardless of whether the offense was committed prior to,
on, or after the effective date of this amendment, 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)(1) "Judicial tier reclassification" of an offender who
was convicted of or pleaded guilty to a sexually oriented offense
or child-victim oriented offense committed prior to January 1,
2008, or of a child who was adjudicated a delinquent child for
committing prior to January 1, 2008, a sexually oriented offense
or child-victim oriented offense and was classified a juvenile
offender registrant or an out-of-state juvenile offender
registrant based on that offense means a court's new
classification of the offender or child pursuant to section
2950.035 or 2950.036 of the Revised Code and on or after July 1,
2011, as a tier I sex offender/child-victim offender, a tier II
sex offender/child-victim offender, or a tier III sex
offender/child-victim offender.
(2) A judicial tier reclassification of an offender or
delinquent child shall be considered as occurring on the date on
which the court making the new tier classification issues the
order that specifies the new tier classification and provides the
order to the offender or delinquent child.
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
category listed in division (A)(2)(a), (b), (c), (B)(2)(a), (b),
or (c) of section 2950.035 or division (A) or (B) of section
2950.036 of the Revised Code, the court specified in the
particular division 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 the court issues its order under section 2950.035 or
2950.036 of the Revised Code that specifies the offender's or
child's judicial tier reclassification.
(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. A notice provided under division (A)(1), (2),
(3), or (4) of this section shall comport with the following:
(a) If the notice is provided to an offender under division
(A)(1) or (2) of this section, the official, official's designee,
or judge shall require the offender to read and sign a form
stating that the offender's duties to register, to file a notice
of intent to reside, if applicable, to register a new residence
address or new school, institution of higher education, or place
of employment address, and to periodically verify those addresses,
and the offender's duties in other states as described in division
(A) of this section have been explained to the offender. If the
offender is unable to read, the official, official's designee, or
judge shall certify on the form that the official, designee, or
judge specifically informed the offender of those duties and that
the offender indicated an understanding of those duties.
(b) If the notice is provided to a delinquent child under
division (A)(3) or (4) of this section, the judge shall require
the delinquent child and the delinquent child's parent, guardian,
or custodian to read and sign a form stating that the delinquent
child's duties to register, to file a notice of intent to reside,
if applicable, to register a new residence address, and to
periodically verify that address have been explained to the
delinquent child and to the delinquent child's parent, guardian,
or custodian. If the delinquent child or the delinquent child's
parent, guardian, or custodian is unable to read, the judge shall
certify on the form that the judge specifically informed the
delinquent child or the delinquent child's parent, guardian, or
custodian of those duties and that the delinquent child or the
delinquent child's parent, guardian, or custodian indicated an
understanding of those duties.
(2) The notice provided under divisions (A)(1) to (4) of this
section shall be on a form prescribed by the bureau of criminal
identification and investigation and shall contain all of the
information specified in division (A) of this section and all of
the information required by the bureau. The notice provided under
divisions (A)(1) to (4) of this section shall include, but is not
limited to, all of the following:
(a) For any notice provided under divisions (A)(1) to (4) of
this section, an explanation of the offender's periodic residence
address or periodic school, institution of higher education, or
place of employment address verification process or of the
delinquent child's periodic residence address verification
process, an explanation of the frequency with which the offender
or delinquent child will be required to verify those addresses
under that process, a statement that the offender or delinquent
child must verify those addresses at the times specified under
that process or face criminal prosecution or a delinquent child
proceeding, and an explanation of the offender's duty to similarly
register, verify, and reregister those addresses in another state
if the offender resides in another state, attends a school or
institution of higher education in another state, or is employed
in another state.
(b) If the notice is provided under division (A)(3) or (4) of
this section, a statement that the delinquent child has been
classified by the adjudicating juvenile court judge or the judge's
successor in office a juvenile offender registrant and, if
applicable, a public-registry qualified public registry-qualified
juvenile offender registrant and has a duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code;
(c) If the notice is provided under division (A)(3) or (4) of
this section, a statement that, if the delinquent child fails to
comply with the requirements of sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code, both of the following
apply:
(i) If the delinquent child's failure occurs while the child
is under eighteen years of age, the child is subject to
proceedings under Chapter 2152. of the Revised Code based on the
failure, but if the failure occurs while the child is eighteen
years of age or older, the child is subject to criminal
prosecution based on the failure.
(ii) If the delinquent child's failure occurs while the child
is under eighteen years of age, unless the child is emancipated,
as defined in section 2919.121 of the Revised Code, the failure of
the parent, guardian, or custodian to ensure that the child
complies with those requirements is a violation of section 2919.24
of the Revised Code and may result in the prosecution of the
parent, guardian, or custodian for that violation.
(3)(a) After an offender described in division (A)(1) or (2)
of this section has signed the form described in divisions (B)(1)
and (2) of this section or the official, official's designee, or
judge has certified on the form that the form has been explained
to the offender and that the offender indicated an understanding
of the duties indicated on it, the official, official's designee,
or judge shall give one copy of the form to the offender, within
three days shall send one copy of the form to the bureau of
criminal identification and investigation in accordance with the
procedures adopted pursuant to section 2950.13 of the Revised
Code, shall send one copy of the form to the sheriff of the county
in which the offender expects to reside, and shall send one copy
of the form to the sheriff of the county in which the offender was
convicted or pleaded guilty if the offender has a duty to register
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the
Revised Code.
(b) After a delinquent child described in division (A)(3) or
(4) of this section and the delinquent child's parent, guardian,
or custodian have signed the form described in divisions (B)(1)
and (2) of this section or the judge has certified on the form
that the form has been explained to the delinquent child or the
delinquent child's parent, guardian, or custodian and that the
delinquent child or the delinquent child's parent, guardian, or
custodian indicated an understanding of the duties and information
indicated on the form, the judge shall give a copy of the form to
both the delinquent child and to the delinquent child's parent,
guardian, or custodian, within three days shall send one copy of
the form to the bureau of criminal identification and
investigation in accordance with the procedures adopted pursuant
to section 2950.13 of the Revised Code, shall send one copy of the
form to the sheriff of the county in which the delinquent child
expects to reside, and shall send one copy of the form to the
sheriff of the county in which the child was adjudicated a
delinquent child if the delinquent child has a duty to register
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the
Revised Code.
(C) The official, official's designee, judge, chief of
police, or sheriff who is required to provide notice to an
offender or delinquent child under divisions (A)(1) to (4) of this
section shall determine the offender's or delinquent child's name,
identifying factors, and expected future residence address in this
state or any other state, shall obtain the offender's or
delinquent child's criminal and delinquency history, and shall
obtain a photograph and the fingerprints of the offender or
delinquent child. Regarding an offender, the official, designee,
or judge also shall obtain from the offender the offender's
current or expected future school, institution of higher
education, or place of employment address in this state, if any.
If the notice is provided by a judge under division (A)(2), (3),
or (4) of this section, the sheriff shall provide the offender's
or delinquent child's criminal and delinquency history to the
judge. The official, official's designee, or judge shall obtain
this information and these items prior to giving the notice,
except that a judge may give the notice prior to obtaining the
offender's or delinquent child's criminal and delinquency history.
Within three days after receiving this information and these
items, the official, official's designee, or judge shall forward
the information and items to the bureau of criminal identification
and investigation in accordance with the forwarding procedures
adopted pursuant to section 2950.13 of the Revised Code, to the
sheriff of the county in which the offender or delinquent child
expects to reside and to the sheriff of the county in which the
offender or delinquent child was convicted, pleaded guilty, or
adjudicated a delinquent child if the offender or delinquent child
has a duty to register pursuant to division (A)(1) of section
2950.04 or 2950.041 of the Revised Code, and, regarding an
offender, to the sheriff of the county, if any, in which the
offender attends or will attend a school or institution of higher
education or is or will be employed. If the notice is provided
under division (A)(3) or (4) of this section and if the delinquent
child has been committed to the department of youth services or to
a secure facility, the judge, in addition to the other information
and items described in this division, also shall forward to the
bureau and to the sheriff notification that the child has been so
committed. If it has not already done so, the bureau of criminal
identification and investigation shall forward a copy of the
fingerprints and conviction data received under this division to
the federal bureau of investigation.
Sec. 2950.035. (A)(1)(a) Not later than July 31, 2011, each
court of common pleas, each municipal court, each county court,
and each juvenile court shall review the court's records to
determine the identity of both of the following:
(i) Each offender who prior to that date was convicted in the
court of or pleaded guilty in the court to a sexually oriented
offense or child-victim oriented offense that was committed prior
to January 1, 2008 and who had a duty that was in effect on June
2, 2010, to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code based on that offense;
(ii) Each child who prior to that date was adjudicated a
delinquent child in the court for committing prior to January 1,
2008, a sexually oriented offense or child-victim oriented
offense, who was classified a juvenile offender registrant based
on that offense, and who had a duty that was in effect on June 2,
2010, to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code based on that offense.
(b) The court shall determine the residence address of each
offender and delinquent child identified under division (A)(1)(a)
of this section in the manner described in division (C) of this
section.
(2) Not later than July 31, 2011, each sheriff shall review
the sheriff's records to determine the identity of each person who
prior to that date has registered an address with the sheriff
under section 2950.04, 2950.041, or 2950.05 of the Revised Code,
who was convicted, pleaded guilty, or was 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 the sexually oriented
offense or child-victim oriented offense that is the basis of the
registration, and who committed that sexually oriented offense or
child-victim oriented offense prior to January 1, 2008. Not later
than July 31, 2011, each sheriff shall notify the following court
of the name and last reported residence address of each person who
has registered an address with the sheriff under the circumstances
described in this division:
(a) Except as provided in division (A)(2)(c) of this section,
if the most serious offense that is the basis of the person's
registration would be a felony if committed in this state, to the
court of common pleas of the county served by the sheriff;
(b) Except as provided in division (A)(2)(c) of this section,
if the most serious offense that is the basis of the person's
registration would be a misdemeanor if committed in this state, to
the municipal court or county court with jurisdiction over the
location of the sheriff's office;
(c) If the person was adjudicated a delinquent child for the
most serious offense that is the basis of the person's
registration and was classified an out-of-state juvenile offender
registrant based on that offense, to the juvenile court of the
county served by the sheriff.
(B)(1) For each offender and for each delinquent child whose
identity the court determines pursuant to division (A)(1) of this
section or about whom the court is notified pursuant to division
(A)(2) of this section, the court specified in division (B)(2)(a),
(b), or (c) of this section shall hold a hearing to make the
determination specified in this division. At the hearing, the
court shall determine the offender's or child's new classification
as a tier I sex offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender under Chapter 2950. of the Revised
Code as it exists on July 1, 2011, and the offender's or
delinquent child's duties under Chapter 2950. of the Revised Code
as a result of that new tier classification. A court shall make
the determination required under this division at any time on or
after July 1, 2011, and not later than October 1, 2011, and shall
make the determination at a hearing held in accordance with
division (E) of this section.
(2) The court that shall make the determination required
under division (B)(1) of this section shall be whichever of the
following is applicable:
(a) For an offender who was convicted of or pleaded guilty in
this state to the sexually oriented offense or child-victim
oriented offense, the court in which the offender was convicted of
or pleaded guilty to the offense;
(b) For a child who was adjudicated a delinquent child in
this state for committing the sexually oriented offense or
child-victim oriented offense, the juvenile court in which the
child was adjudicated a delinquent child for committing the
offense;
(c) For an offender who was convicted, pleaded guilty, or was
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
the sexually oriented offense or child-victim oriented offense,
the court notified pursuant to division (A)(2) of this section.
(C)(1) At any time on or after July 1, 2011, and not later
than September 1, 2011, each court that is required to hold a
hearing to make a determination for an offender or delinquent
child under division (B) of this section shall send to the
offender or to the delinquent child and the parents of the
delinquent child a registered letter that contains the information
described in division (C)(2) of this section. The court shall send
the registered letter return receipt requested to the last
reported residence address of the offender or delinquent child and
to the last reported residence address of the parents of the
delinquent child. The court shall obtain the addresses from its
own records or from the bureau of criminal identification and
investigation, a sheriff with whom the offender or delinquent
child has registered pursuant to section 2950.04, 2950.041, or
2950.05 of the Revised Code, or the department of rehabilitation
and correction or department of youth services if the offender or
child is serving a prison term or is confined in an institution of
the department.
The court also shall send written notice of the date, time,
place, and purpose of the hearing, and of the name of the offender
or delinquent child, to the prosecutor of the county in which the
court is located. The prosecutor shall represent the interests of
the state in the hearing.
(2) The letter sent to an offender or to a delinquent child
and the delinquent child's parents pursuant to division (C)(1) of
this section shall do all of the following:
(a) Notify the offender or the delinquent child and the
delinquent child's parents of the date, time, place, and purpose
of the hearing;
(b) If 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 was or is scheduled to terminate on or after June 3,
2010, and prior to July 1, 2011, as described in division (B)(1)
of section 2950.037 of the Revised Code and if the offender is a
targeted offender or the child is a targeted delinquent child,
include a summary of the provisions of division (B)(1) of section
2950.037 of the Revised Code and the application of those
provisions to the offender or child.
(c) If 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 was terminated on or before June 3, 2010, as
described in division (B)(2) of section 2950.037 of the Revised
Code and if the offender is a targeted offender or the child is a
targeted delinquent child, include a summary of the provisions of
division (B)(2) of section 2950.037 of the Revised Code and the
application of those provisions to the offender or child.
(D) A court that is required to make a determination under
division (B) of this section shall make the determination for each
offender or delinquent child described in that division and send
the registered letter required under division (C) of this section
to each such offender or delinquent child even if either of the
following applies:
(1) 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 was or is scheduled to terminate on or after June 3, 2010,
and prior to July 1, 2011, as described in division (B)(1) of
section 2950.037 of the Revised Code, provided that this division
applies only if the offender is a targeted offender or the
delinquent child is a targeted delinquent child.
(2) 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 was terminated on or before June 3, 2010, as described in
division (B)(2) of section 2950.037 of the Revised Code, provided
that this division applies only if the offender is a targeted
offender or the delinquent child is a targeted delinquent child.
(E) At a hearing held under division (B) of this section, all
parties are entitled to be heard, and the court shall consider all
relevant information and testimony presented relative to the new
tier classification of the offender or delinquent child under
Chapter 2950. of the Revised Code as it exists on July 1, 2011.
Except as otherwise provided in this paragraph, if an
offender or delinquent child on the date scheduled for the hearing
under division (B) of this section is serving a prison term in a
state correctional institution or a jail term, is confined in an
institution of the department of youth services, or otherwise is
confined, the offender or delinquent child shall appear at the
hearing by video conferencing equipment if available and
compatible. Upon the court's own motion or the motion of the
offender, the delinquent child, or the prosecutor representing the
interests of the state and a determination by the court that the
interests of justice require that the offender or delinquent child
be present, the court may permit the offender or delinquent child
to be physically present at the hearing. An appearance by video
conferencing equipment pursuant to this division has the same
force and effect as if the offender or delinquent child were
physically present at the hearing.
At the conclusion of the hearing held under division (B) of
this section, the court shall issue an order that specifies the
offender's or delinquent child's new classification as a tier I
sex offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender under Chapter 2950. of the Revised
Code as it exists on July 1, 2011, and, if the hearing was held
for a delinquent child, whether the court determined pursuant to
section 2151.86 of the Revised Code that the child is a public
registry-qualified juvenile offender registrant. The order also
shall notify the offender or the delinquent child and the
delinquent child's parents of the offender's or child's duties, as
a result of that new tier classification, under Chapter 2950. of
the Revised Code as it exists on July 1, 2011, and the duration of
those duties. The court immediately shall provide a copy of the
order to the offender or delinquent child, the prosecutor, and the
delinquent child's parents.
Until a court makes any required determination under division
(B) of this section regarding an offender or delinquent child, the
offender or delinquent child shall comply with Chapter 2950. of
the Revised Code as it existed prior to January 1, 2008.
(F) Each court that sends any registered letter under
division (C) of this section shall maintain the return receipts
for all offenders, delinquent children, and parents of delinquent
children who are sent a registered letter under that division. For
each offender, delinquent child, and parent of a delinquent child
who is sent a registered letter under that division, all of the
following apply:
(1) If the offender or child has registered an address in
this state, the court shall send a copy of the return receipt for
the offender, child, or parents, and an explanation of it, to the
sheriff with whom the offender or delinquent child most recently
registered a residence address and, if applicable, a school,
institution of higher education, or place of employment address.
(2) The court shall send a copy of the return receipt for the
offender, child, or parents, and an explanation of it, to the
prosecutor of the county in which the court is located.
(3) If the offender or child has registered a residence
address in this state and the return receipt indicates that the
offender, child, or parent does not reside or have temporary
domicile at the listed address, the court immediately shall
provide notice of that fact to the sheriff with whom the offender
or child registered that residence address.
(G) Each court that issues an order under division (E) of
this section promptly shall serve a copy of the order upon the
sheriff with whom the offender or delinquent child who is the
subject of the order most recently registered under section
2950.04, 2950.041, or 2950.05 of the Revised Code, if applicable,
and upon the bureau of criminal identification and investigation.
The court promptly shall send a copy of the order to the
department of rehabilitation and correction if the offender on the
date the order is issued is serving a prison term, the jail
administrator if the offender on that date is serving a jail term,
the department of youth services if the delinquent child on that
date is confined in an institution of the department, or the place
at which the offender or delinquent child otherwise is confined on
that date.
(H) An offender or delinquent child for whom a court makes a
determination under division (B) of this section, or the
prosecutor who represented the interest of the state at the
hearing at which the determination was made, may appeal the
determination to the appropriate court of appeals. An appeal under
this division shall be in accordance with and governed by the
Appellate Rules. In any appeal made under this division, the
prosecutor who represented the interest of the state at the
hearing at which the determination was made shall represent the
interests of the state in the appeal.
If an offender, delinquent child, or prosecutor appeals a
determination under this division, until the court of appeals
issues its decision, the offender or child shall comply with
Chapter 2950. of the Revised Code as it exists on July 1, 2011,
based on the determination that the offender, child, or prosecutor
appealed.
(I) The determination by a court of an offender's or
delinquent child's new classification as a tier I sex
offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender pursuant to division (B) of this
section does not affect, and is independent of, that court's or
another court's prior judgment of conviction of the offender, the
offender's prior guilty plea, or that court's or another court's
prior adjudication of the child as a delinquent child for
committing the sexually oriented offense or child-victim oriented
offense upon which the classification is based and does not
affect, and is independent of, the sentence imposed upon the
offender or the disposition made of the child as a result of that
prior conviction, guilty plea, or adjudication.
A court's classification of an offender or delinquent child,
prior to July 1, 2011, as a sexual predator, child-victim
predator, habitual sex offender, or habitual child-victim
offender, or as being in none of those categories, based on a
sexually oriented offense or child-victim oriented offense
committed prior to January 1, 2008, was a collateral consequence
of the offender's or child's conviction of, plea of guilty to, or
delinquent child adjudication for committing that sexually
oriented offense or child-victim oriented offense. A court's new
classification of an offender or delinquent child as a tier I sex
offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender pursuant to division (B) of this
section based on a sexually oriented offense or child-victim
oriented offense committed prior to January 1, 2008, is a
collateral consequence of the offender's or child's conviction of,
plea of guilty to, or delinquent child adjudication for committing
that sexually oriented offense or child-victim oriented offense.
(J)(1) If a juvenile court is required to make a
determination under division (B) of this section, division (D)(2)
of section 2152.86 of the Revised Code applies.
(2) If a juvenile court issues an order under division (A)(2)
or (3) of section 2152.86 of the Revised Code that classifies a
delinquent child as a public-registry qualified juvenile offender
registrant and if the child's delinquent act was committed prior
to January 1, 2008, a challenge to the classification contained in
the order shall be made pursuant to division (D) of section
2152.86 of the Revised Code.
(K) As used in this section, "targeted offender" and
"targeted delinquent child" have the same meanings as in section
2950.037 of the Revised Code.
Sec. 2950.036. (A) If, on or after July 31, 2011, a person
is convicted of, pleads guilty to, or is adjudicated a delinquent
child in this state for committing a sexually oriented offense or
child-victim oriented offense that was committed prior to January
1, 2008, at the time of sentencing of the offender or the making
of a disposition of the delinquent child, the court shall
determine the offender's or child's new classification as a tier I
sex offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender under Chapter 2950. of the Revised
Code as it exists on July 1, 2011, and the offender's or child's
duties under Chapter 2950. of the Revised Code as a result of that
new tier classification.
(B) If a person is convicted, pleads guilty, was convicted,
pleaded guilty, is adjudicated a delinquent child, or was
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 child-victim oriented offense that
was committed prior to January 1, 2008, if the person registers an
address in this state, and if the person does not register the
address in this state until after July 31, 2011, the sheriff with
whom the person registers the address shall provide notice of the
type described in division (A)(2) of section 2950.035 of the
Revised Code regarding the offender or delinquent child to the
court described in division (A)(2)(a), (b), or (c) of that
section. Upon receipt of the notice, the court promptly shall
determine for the offender or delinquent child the offender's or
child's new classification as a tier I sex offender/child-victim
offender, a tier II sex offender/child-victim offender, or a tier
III sex offender/child-victim offender under Chapter 2950. of the
Revised Code as it exists on July 1, 2011, and the offender's or
child's duties under Chapter 2950. of the Revised Code as a result
of that new tier classification.
(C) In making its determination under division (A) or (B) of
this section, a court shall comply with divisions (B) to (E) of
section 2950.035 of the Revised Code and issue an order as
described in those divisions. However, the dates specified in
those divisions for compliance with their provisions do not apply
in making the determination under division (A) or (B) of this
section, and divisions (C) and (F) of section 2950.035 of the
Revised Code do not apply in making the determination under
division (A) of this section. Divisions (G) to (I) and division
(K) of section 2950.035 of the Revised Code apply to a
determination made under division (A) or (B) of this section and
an order that includes such a determination.
Sec. 2950.037. (A) As used in this section:
(1) "Targeted offender" means an offender who has been
convicted of or pleaded guilty to a sexually oriented offense or a
child-victim oriented offense committed prior to January 1, 2008,
who had a duty that was in effect on June 2, 2010, to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code based on that offense, and whose duty to comply with those
sections based on that offense was modified pursuant to the
operation of section 2950.031 or 2950.032 of the Revised Code as
they were enacted in Am. Sub. S.B. 10 of the 127th general
assembly.
(2) "Targeted delinquent child" means a child who has been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense committed prior to
January 1, 2008, who is a public registry-qualified juvenile
offender registrant relative to that offense, who had a duty that
was in effect on June 2, 2010, to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code based on that
offense, and whose duty to comply with those sections based on
that offense was modified pursuant to the operation of section
2950.031 or 2950.032 of the Revised Code as they were enacted in
Am. Sub. S.B. 10 of the 127th general assembly.
(B)(1) If as a result of sections 2950.031 and 2950.032 of
the Revised Code being found unconstitutional on June 3, 2010, a
targeted offender's or targeted delinquent child's duty to comply
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code based on the offender's or child's sexually oriented
offense or child-victim oriented offense was or is scheduled to
terminate on or after June 3, 2010, and prior to July 1, 2011,
under the version of section 2950.07 of the Revised Code that was
in effect prior to January 1, 2008, notwithstanding that scheduled
termination of those duties, the offender's or child's duties
under those sections shall not terminate as scheduled and shall
remain in effect at least until the date on which the court making
the judicial tier reclassification of the offender or child issues
its order under section 2950.035 or 2950.036 of the Revised Code
that specifies that reclassification.
(2) If as a result of sections 2950.031 and 2950.032 of the
Revised Code being found unconstitutional on June 3, 2010, a
targeted offender's or targeted delinquent child's duty to comply
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code based on the offender's or child's sexually oriented
offense or child-victim oriented offense was terminated on or
before June 3, 2010, under the version of section 2950.07 of the
Revised Code that was in effect prior to January 1, 2008,
notwithstanding that termination of those duties, the offender's
or child's duties under those sections shall be reinstated on July
1, 2011, and shall remain in effect at least until the date on
which the court making the judicial tier reclassification of the
offender or child issues its order under section 2950.035 or
2950.036 of the Revised Code that specifies that reclassification.
(C) After a court issues its order under section 2950.035 or
2950.036 of the Revised Code specifying the judicial tier
reclassification of any targeted offender or targeted delinquent
child described in division (B)(1) or (2) of this section, the
offender's or child's duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code shall continue
in accordance with the order based on the new tier classification
of the offender or child that is determined by the court. The
targeted offender's or targeted delinquent child's duty to comply
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code shall continue for the duration specified in section
2950.07 of the Revised Code, as it exists on the date on which the
court issues its order, based on the new tier classification of
the offender or child that is determined by the court. If that
duration has expired by the date on which the court issues its
order, the targeted offender's or targeted delinquent child's duty
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code is terminated.
(D) A person who is a targeted offender or targeted
delinquent child described in division (B)(1) or (2) of this
section is presumed to have knowledge of the law, the content of
divisions (B)(1) and (2) of this section and the application of
the appropriate division to the offender or child, and the
offender's or child's duties under Chapter 2950. of the Revised
Code as it exists on July 1, 2011. Any failure of any person who
is such a targeted offender or targeted delinquent child to
receive a copy of an order issued by a court under section
2950.035 or 2950.036 of the Revised Code that specifies the
judicial tier reclassification of the offender or child does not
negate, limit, or modify the presumption specified in this
division.
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, the name
and address of the offender's or delinquent child's employer if
the offender or delinquent child is employed at the time of
registration or if the offender or delinquent child knows at the
time of registration that the offender or delinquent child will be
commencing employment with that employer subsequent to
registration, any other employment information, such as the
general area where the offender or delinquent child is employed,
if the offender or delinquent child is employed in many locations,
and the name and address of the offender's or public
registry-qualified juvenile offender registrant's school or
institution of higher education if the offender or public
registry-qualified juvenile offender registrant attends one at the
time of registration or if the offender or public
registry-qualified juvenile offender registrant knows at the time
of registration that the offender or public registry-qualified
juvenile offender registrant will be commencing attendance at that
school or institution subsequent to registration;
(5) Regarding an offender or public registry-qualified
juvenile offender registrant who is registering under a duty
imposed under division (A)(2), (3), or (4) of this section as a
result of the offender or public registry-qualified juvenile
offender registrant attending a school or institution of higher
education in this state on a full-time or part-time basis or being
employed in this state or in a particular county in this state,
whichever is applicable, for more than three days or for an
aggregate of fourteen or more days in any calendar year, the name
and current address of the school, institution of higher
education, or place of employment of the offender or public
registry-qualified juvenile offender registrant who is
registering, including any other employment information, such as
the general area where the offender or public registry-qualified
juvenile offender registrant is employed, if the offender or
public registry-qualified juvenile offender registrant is employed
in many locations;
(6) The identification license plate number of each vehicle
the offender or delinquent child owns, of each vehicle registered
in the offender's or delinquent child's name, of each vehicle the
offender or delinquent child operates as a part of employment, and
of each other vehicle that is regularly available to be operated
by the offender or delinquent child; a description of where each
vehicle is habitually parked, stored, docked, or otherwise kept;
and, if required by the bureau of criminal identification and
investigation, a photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver's or
commercial driver's license or permit issued by this state or any
other state or a state identification card issued under section
4507.50 or 4507.51 of the Revised Code or a comparable
identification card issued by another state, the driver's license
number, commercial driver's license number, or state
identification card number;
(8) If the offender or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing the sexually oriented offense resulting in the
registration duty in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States, a DNA specimen, as defined in
section 109.573 of the Revised Code, from the offender or
delinquent child, a citation for, and the name of, the sexually
oriented offense resulting in the registration duty, and a
certified copy of a document that describes the text of that
sexually oriented offense;
(9) A description of each professional and occupational
license, permit, or registration, including those licenses,
permits, and registrations issued under Title XLVII of the Revised
Code, held by the offender or delinquent child;
(10) Any email addresses, internet identifiers, or telephone
numbers registered to or used by the offender or delinquent child;
(11) Any other information required by the bureau of criminal
identification and investigation.
(D) After an offender or delinquent child registers with a
sheriff, or the sheriff's designee, pursuant to this section, the
sheriff, or the sheriff's designee, shall forward the signed,
written registration form, photograph, and other material to the
bureau of criminal identification and investigation in accordance
with the forwarding procedures adopted pursuant to section 2950.13
of the Revised Code. If an offender registers a school,
institution of higher education, or place of employment address,
or provides a school or institution of higher education address
under division (C)(4) of this section, the sheriff also shall
provide notice to the law enforcement agency with jurisdiction
over the premises of the school, institution of higher education,
or place of employment of the offender's name and that the
offender has registered that address as a place at which the
offender attends school or an institution of higher education or
at which the offender is employed. The bureau shall include the
information and materials forwarded to it under this division in
the state registry of sex offenders and child-victim offenders
established and maintained under section 2950.13 of the Revised
Code.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is
required to send a notice of intent to reside pursuant to division
(G) of this section, shall fail to register or send the notice of
intent as required in accordance with those divisions or that
division.
(F) An offender or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code, with the duty commencing
on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is a tier III sex
offender/child-victim offender, the offender or delinquent child
also shall send the sheriff, or the sheriff's designee, of the
county in which the offender or delinquent child intends to reside
written notice of the offender's or delinquent child's intent to
reside in the county. The offender or delinquent child shall send
the notice of intent to reside at least twenty days prior to the
date the offender or delinquent child begins to reside in the
county. The notice of intent to reside shall contain the following
information:
(1) The offender's or delinquent child's name;
(2) The address or addresses at which the offender or
delinquent child intends to reside;
(3) The sexually oriented offense of which the offender was
convicted, to which the offender pleaded guilty, or for which the
child was adjudicated a delinquent child.
(H)(1) 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.
(2) If an offender or delinquent child who was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing a sexually oriented offense was required immediately
prior to January 1, 2008, by division (A) of this section to
register based on that offense and if the offender or child has a
duty on and after the date of the judicial tier reclassification
of the offender or child to register under division (A) of this
section based on that offense, the duty to register resulting from
the reclassification is a continuation of the duty imposed upon
the offender or child prior to January 1, 2008, under this
section.
Sec. 2950.041. (A)(1)(a) Immediately after a sentencing
hearing is held on or after January 1, 2008, for an offender who
is convicted of or pleads guilty to a child-victim oriented
offense and is sentenced to a prison term, a term of imprisonment,
or any other type of confinement and before the offender is
transferred to the custody of the department of rehabilitation and
correction or to the official in charge of the jail, workhouse,
state correctional institution, or other institution where the
offender will be confined, the offender shall register personally
with the sheriff, or the sheriff's designee, of the county in
which the offender was convicted of or pleaded guilty to the
child-victim offense.
(b) Immediately after a dispositional hearing is held on or
after January 1, 2008, for a child who is adjudicated a delinquent
child for committing a child-victim oriented offense, is
classified a juvenile offender registrant based on that
adjudication, and is committed to the custody of the department of
youth services or to a secure facility that is not operated by the
department and before the child is transferred to the custody of
the department of youth services or the secure facility to which
the delinquent child is committed, the delinquent child shall
register personally with the sheriff, or the sheriff's designee,
of the county in which the delinquent child was classified a
juvenile offender registrant based on that child-victim oriented
offense.
(c) A law enforcement officer shall be present at the
sentencing hearing or dispositional hearing described in division
(A)(1)(a) or (b) of this section to immediately transport the
offender or delinquent child who is the subject of the hearing to
the sheriff, or the sheriff's designee, of the county in which the
offender or delinquent child is convicted, pleads guilty, or is
adjudicated a delinquent child.
(d) After an offender who has registered pursuant to division
(A)(1)(a) of this section is released from a prison term, a term
of imprisonment, or any other type of confinement, the offender
shall register as provided in division (A)(2) of this section.
After a delinquent child who has registered pursuant to division
(A)(1)(b) of this section is released from the custody of the
department of youth services or from a secure facility that is not
operated by the department, the delinquent child shall register as
provided in division (A)(3) of this section.
(2) Regardless of when the child-victim oriented offense was
committed, each offender who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a child-victim
oriented offense shall comply with all of the following
registration requirements:
(a) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county within three days of the
offender's coming into a county in which the offender resides or
temporarily is domiciled for more than three days.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county immediately upon coming
into a county in which the offender attends a school or
institution of higher education on a full-time or part-time basis
regardless of whether the offender resides or has a temporary
domicile in this state or another state.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender is
employed if the offender resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen or more days in
that calendar year.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has been employed at any
location or locations in this state for more than three days or
for an aggregate period of fourteen or more days in that calendar
year.
(e) The offender shall register personally with the sheriff,
or the sheriff's designee, or other appropriate person of the
other state immediately upon entering into any state other than
this state in which the offender attends a school or institution
of higher education on a full-time or part-time basis or upon
being employed in any state other than this state for more than
three days or for an aggregate period of fourteen or more days in
that calendar year regardless of whether the offender resides or
has a temporary domicile in this state, the other state, or a
different state.
(3) Regardless of when the child-victim oriented offense was
committed, each child who on or after July 31, 2003, is
adjudicated a delinquent child for committing a child-victim
oriented offense and who is classified a juvenile offender
registrant based on that adjudication shall register personally
with the sheriff, or the sheriff's designee, of the county within
three days of the delinquent child's coming into a county in which
the delinquent child resides or temporarily is domiciled for more
than three days. If the delinquent child is committed for the
child-victim oriented offense to the department of youth services
or to a secure facility that is not operated by the department,
this duty begins when the delinquent child is discharged or
released in any manner from custody in a department of youth
services secure facility or from the secure facility that is not
operated by the department if pursuant to the discharge or release
the delinquent child is not committed to any other secure facility
of the department or any other secure facility.
(4) Regardless of when the child-victim oriented offense was
committed, each person who is convicted, pleads guilty, or is
adjudicated a delinquent child in a court in another state, in a
federal court, military court, or Indian tribal court, or in a
court in any nation other than the United States for committing a
child-victim oriented offense shall comply with all of the
following registration requirements if, at the time the offender
or delinquent child moves to and resides in this state or
temporarily is domiciled in this state for more than three days,
the offender enters this state to attend the school or institution
of higher education, or the offender is employed in this state for
more than the specified period of time, the offender or delinquent
child has a duty to register as a child-victim offender or sex
offender under the law of that other jurisdiction as a result of
the conviction, guilty plea, or adjudication:
(a) Each offender and delinquent child shall register
personally with the sheriff, or the sheriff's designee, of the
county within three days of the offender's or delinquent child's
coming into the county in which the offender or delinquent child
resides or temporarily is domiciled for more than three days.
(b) Each offender shall register personally with the sheriff,
or the sheriff's designee, of the county immediately upon coming
into a county in which the offender attends a school or
institution of higher education on a full-time or part-time basis
regardless of whether the offender resides or has a temporary
domicile in this state or another state.
(c) Each offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender is
employed if the offender resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen days or more in
that calendar year.
(d) Each offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has not been employed at any
location or locations in this state for more than three days or
for an aggregate period of fourteen or more days in that calendar
year.
(5) An offender is not required to register under division
(A)(2), (3), or (4) of this section if a court issues an order
terminating the offender's duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to
section 2950.15 of the Revised Code. A delinquent child who is a
juvenile offender registrant but is not a public
registry-qualified juvenile offender registrant is not required to
register under any of those divisions if a juvenile court issues
an order declassifying the delinquent child as a juvenile offender
registrant pursuant to section 2152.84 or 2152.85 of the Revised
Code.
(B) An offender or delinquent child who is required by
division (A) of this section to register in this state personally
shall do so in the manner described in division (B) of section
2950.04 of the Revised Code, and the registration is complete as
described in that division.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include or contain all of the following
for the offender or delinquent child who is registering:
(1) The offender's or delinquent child's name, any aliases
used by the offender or delinquent child, and a photograph of the
offender or delinquent child;
(2) The offender's or delinquent child's social security
number and date of birth, including any alternate social security
numbers or dates of birth that the offender or delinquent child
has used or uses;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1) of this
section, a statement that the offender is serving a prison term,
term of imprisonment, or any other type of confinement or a
statement that the delinquent child is in the custody of the
department of youth services or is confined in a secure facility
that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(2), (3), or
(4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than three days, all of the information
described in division (C)(4) of section 2950.04 of the Revised
Code;
(5) Regarding an offender who is registering under a duty
imposed under division (A)(2) or (4) of this section as a result
of the offender attending a school or institution of higher
education on a full-time or part-time basis or being employed in
this state or in a particular county in this state, whichever is
applicable, for more than three days or for an aggregate of
fourteen or more days in any calendar year, all of the information
described in division (C)(5) of section 2950.04 of the Revised
Code;
(6) The identification license plate number issued by this
state or any other state of each vehicle the offender or
delinquent child owns, of each vehicle registered in the
offender's or delinquent child's name, of each vehicle the
offender or delinquent child operates as a part of employment, and
of each other vehicle that is regularly available to be operated
by the offender or delinquent child; a description of where each
vehicle is habitually parked, stored, docked, or otherwise kept;
and, if required by the bureau of criminal identification and
investigation, a photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver's or
commercial driver's license or permit issued by this state or any
other state or a state identification card issued under section
4507.50 or 4507.51 of the Revised Code or a comparable
identification card issued by another state, the driver's license
number, commercial driver's license number, or state
identification card number;
(8) If the offender or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing the child-victim oriented offense resulting in the
registration duty in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States, a DNA specimen, as defined in
section 109.573 of the Revised Code, from the offender or
delinquent child, a citation for, and the name of, the
child-victim oriented offense resulting in the registration duty,
and a certified copy of a document that describes the text of that
child-victim oriented offense;
(9) Copies of travel and immigration documents;
(10) A description of each professional and occupational
license, permit, or registration, including those licenses,
permits, and registrations issued under Title XLVII of the Revised
Code, held by the offender or delinquent child;
(11) Any email addresses, internet identifiers, or telephone
numbers registered to or used by the offender or delinquent child;
(12) Any other information required by the bureau of criminal
identification and investigation.
(D) Division (D) of section 2950.04 of the Revised Code
applies when an offender or delinquent child registers with a
sheriff pursuant to this section.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is
required to send a notice of intent to reside pursuant to division
(G) of this section, shall fail to register or send the notice as
required in accordance with those divisions or that division.
(F) An offender or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code, with the duty commencing
on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is a tier III sex
offender/child-victim offender, the offender or delinquent child
also shall send the sheriff, or the sheriff's designee, of the
county in which the offender or delinquent child intends to reside
written notice of the offender's or delinquent child's intent to
reside in the county. The offender or delinquent child shall send
the notice of intent to reside at least twenty days prior to the
date the offender or delinquent child begins to reside in the
county. The notice of intent to reside shall contain all of the
following information:
(1) The information specified in divisions (G)(1) and (2) of
section 2950.04 of the Revised Code;
(2) The child-victim oriented offense of which the offender
was convicted, to which the offender pleaded guilty, or for which
the child was adjudicated a delinquent child.
(H)(1) 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 is 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.
(2) If 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 was required
immediately prior to January 1, 2008, by division (A) of this
section to register based on that offense and if the offender or
child has a duty to register on and after the date of the judicial
tier reclassification of the offender or child under division (A)
of this section based on that offense, the duty to register
resulting from the reclassification is a continuation of the duty
imposed upon the offender or child prior to January 1, 2008, under
this section.
Sec. 2950.06. (A) An offender or delinquent child who is
required to register a residence address pursuant to division
(A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised
Code shall periodically verify the offender's or delinquent
child's current residence address, and an offender or public
registry-qualified juvenile offender registrant who is required to
register a school, institution of higher education, or place of
employment address pursuant to any of those divisions shall
periodically verify the address of the offender's or public
registry-qualified juvenile offender registrant's current school,
institution of higher education, or place of employment, in
accordance with this section. The frequency of verification shall
be determined in accordance with division (B) of this section, and
the manner of verification shall be determined in accordance with
division (C) of this section.
(B) The frequency with which an offender or delinquent child
must verify the offender's or delinquent child's current
residence, school, institution of higher education, or place of
employment address pursuant to division (A) of this section shall
be determined as follows:
(1) Regardless of when the sexually oriented offense or
child-victim oriented offense for which the offender or delinquent
child is required to register was committed, if the offender or
delinquent child is a tier I sex offender/child-victim offender,
the offender shall verify the offender's current residence address
or current school, institution of higher education, or place of
employment address, and the delinquent child shall verify the
delinquent child's current residence address, in accordance with
division (C) of this section on each anniversary of the offender's
or delinquent child's initial registration date during the period
the offender or delinquent child is required to register.
(2) Regardless of when the sexually oriented offense or
child-victim oriented offense for which the offender or delinquent
child is required to register was committed, if the offender or
delinquent child is a tier II sex offender/child-victim offender,
the offender shall verify the offender's current residence address
or current school, institution of higher education, or place of
employment address, and the delinquent child shall verify the
delinquent child's current residence address, in accordance with
division (C) of this section every one hundred eighty days after
the offender's or delinquent child's initial registration date
during the period the offender or delinquent child is required to
register.
(3) Regardless of when the sexually oriented offense or
child-victim oriented offense for which the offender or delinquent
child is required to register was committed, if the offender or
delinquent child is a tier III sex offender/child-victim offender,
the offender shall verify the offender's current residence address
or current school, institution of higher education, or place of
employment address, and the delinquent child shall verify the
delinquent child's current residence address and, if the
delinquent child is a public registry-qualified juvenile offender
registrant, the current school, institution of higher education,
or place of employment address, in accordance with division (C) of
this section every ninety days after the offender's or delinquent
child's initial registration date during the period the offender
or delinquent child is required to register.
(4) If, prior to January 1, 2008, an offender or delinquent
child registered with a sheriff under a duty imposed under section
2950.04 or 2950.041 of the Revised Code as a result of a
conviction of, plea of guilty to, or adjudication as 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, on and after the date
of the judicial tier reclassification of the offender or child,
the duty to register that is imposed on the offender or delinquent
child pursuant to section 2950.04 or 2950.041 of the Revised Code
on and after January 1, 2008, resulting from the reclassification
is a continuation of the duty imposed upon the offender or child
prior to January 1, 2008, under section 2950.04 or 2950.041 of the
Revised Code and, for purposes of divisions (B)(1), (2), and (3)
of this section, the offender's or child's initial registration
date related to that offense is the date on which the offender or
child initially registered under section 2950.04 or 2950.041 of
the Revised Code.
(C)(1) An offender or delinquent child who is required to
verify the offender's or delinquent child's current residence,
school, institution of higher education, or place of employment
address pursuant to division (A) of this section shall verify the
address with the sheriff with whom the offender or delinquent
child most recently registered the address by personally appearing
before the sheriff or a designee of the sheriff, no earlier than
ten days before the date on which the verification is required
pursuant to division (B) of this section and no later than the
date so required for verification, and completing and signing a
copy of the verification form prescribed by the bureau of criminal
identification and investigation. The sheriff or designee shall
sign the completed form and indicate on the form the date on which
it is so completed. The verification required under this division
is complete when the offender or delinquent child personally
appears before the sheriff or designee and completes and signs the
form as described in this division.
(2) To facilitate the verification of an offender's or
delinquent child's current residence, school, institution of
higher education, or place of employment address, as applicable,
under division (C)(1) of this section, the sheriff with whom the
offender or delinquent child most recently registered the address
may mail a nonforwardable verification form prescribed by the
bureau of criminal identification and investigation to the
offender's or delinquent child's last reported address and to the
last reported address of the parents of the delinquent child, with
a notice that conspicuously states that the offender or delinquent
child must personally appear before the sheriff or a designee of
the sheriff to complete the form and the date by which the form
must be so completed. Regardless of whether a sheriff mails a form
to an offender or delinquent child and that child's parents, each
offender or delinquent child who is required to verify the
offender's or delinquent child's current residence, school,
institution of higher education, or place of employment address,
as applicable, pursuant to division (A) of this section shall
personally appear before the sheriff or a designee of the sheriff
to verify the address in accordance with division (C)(1) of this
section.
(D) The verification form to be used under division (C) of
this section shall contain all of the following:
(1) Except as provided in division (D)(2) of this section,
the current residence address of the offender or delinquent child,
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 verification or if the offender or delinquent child knows
at the time of verification that the offender or delinquent child
will be commencing employment with that employer subsequent to
verification, 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 verification or if the offender or public
registry-qualified juvenile offender registrant knows at the time
of verification that the offender will be commencing attendance at
that school or institution subsequent to verification, and any
other information required by the bureau of criminal
identification and investigation.
(2) Regarding an offender or public registry-qualified
juvenile offender registrant who is verifying a current school,
institution of higher education, or place of employment address,
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 and any other
information required by the bureau of criminal identification and
investigation.
(E) Upon an offender's or delinquent child's personal
appearance and completion of a verification form under division
(C) of this section, a sheriff promptly shall forward a copy of
the verification form to the bureau of criminal identification and
investigation in accordance with the forwarding procedures adopted
by the attorney general pursuant to section 2950.13 of the Revised
Code. If an offender or public registry-qualified juvenile
offender registrant verifies a school, institution of higher
education, or place of employment address, or provides a school or
institution of higher education address under division (D)(1) 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 or public registry-qualified juvenile offender
registrant's name and that the offender or public
registry-qualified juvenile offender registrant has verified or
provided that address as a place at which the offender or public
registry-qualified juvenile offender registrant attends school or
an institution of higher education or at which the offender or
public registry-qualified juvenile offender registrant is
employed. 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.
(F) No person who is required to verify a current residence,
school, institution of higher education, or place of employment
address, as applicable, pursuant to divisions (A) to (C) of this
section shall fail to verify a current residence, school,
institution of higher education, or place of employment address,
as applicable, in accordance with those divisions by the date
required for the verification as set forth in division (B) of this
section, provided that no person shall be prosecuted or subjected
to a delinquent child proceeding for a violation of this division,
and that no parent, guardian, or custodian of a delinquent child
shall be prosecuted for a violation of section 2919.24 of the
Revised Code based on the delinquent child's violation of this
division, prior to the expiration of the period of time specified
in division (G) of this section.
(G)(1) If an offender or delinquent child fails to verify a
current residence, school, institution of higher education, or
place of employment address, as applicable, as required by
divisions (A) to (C) of this section by the date required for the
verification as set forth in division (B) of this section, the
sheriff with whom the offender or delinquent child is required to
verify the current address, on the day following that date
required for the verification, shall send a written warning to the
offender or to the delinquent child and that child's parents, at
the offender's or delinquent child's and that child's parents'
last known residence, school, institution of higher education, or
place of employment address, as applicable, regarding the
offender's or delinquent child's duty to verify the offender's or
delinquent child's current residence, school, institution of
higher education, or place of employment address, as applicable.
The written warning shall do all of the following:
(a) Identify the sheriff who sends it and the date on which
it is sent;
(b) State conspicuously that the offender or delinquent child
has failed to verify the offender's or public registry-qualified
juvenile offender registrant's current residence, school,
institution of higher education, or place of employment address or
the current residence address of a delinquent child who is not a
public registry-qualified juvenile offender registrant by the date
required for the verification;
(c) Conspicuously state that the offender or delinquent child
has seven days from the date on which the warning is sent to
verify the current residence, school, institution of higher
education, or place of employment address, as applicable, with the
sheriff who sent the warning;
(d) Conspicuously state that a failure to timely verify the
specified current address or addresses is a felony offense;
(e) Conspicuously state that, if the offender or public
registry-qualified juvenile offender registrant verifies the
current residence, school, institution of higher education, or
place of employment address or the delinquent child who is not a
public registry-qualified juvenile offender registrant verifies
the current residence address with that sheriff within that
seven-day period, the offender or delinquent child will not be
prosecuted or subjected to a delinquent child proceeding for a
failure to timely verify a current address and the delinquent
child's parent, guardian, or custodian will not be prosecuted
based on a failure of the delinquent child to timely verify an
address;
(f) Conspicuously state that, if the offender or public
registry-qualified juvenile offender registrant does not verify
the current residence, school, institution of higher education, or
place of employment address or the delinquent child who is not a
public registry-qualified juvenile offender registrant does not
verify the current residence address with that sheriff within that
seven-day period, the offender or delinquent child will be
arrested or taken into custody, as appropriate, and prosecuted or
subjected to a delinquent child proceeding for a failure to timely
verify a current address and the delinquent child's parent,
guardian, or custodian may be prosecuted for a violation of
section 2919.24 of the Revised Code based on the delinquent
child's failure to timely verify a current residence address.
(2) If an offender or delinquent child fails to verify a
current residence, school, institution of higher education, or
place of employment address, as applicable, as required by
divisions (A) to (C) of this section by the date required for the
verification as set forth in division (B) of this section, the
offender or delinquent child shall not be prosecuted or subjected
to a delinquent child proceeding for a violation of division (F)
of this section, and the delinquent child's parent, guardian, or
custodian shall not be prosecuted for a violation of section
2919.24 of the Revised Code based on the delinquent child's
failure to timely verify a current residence address and, if the
delinquent child is a public registry-qualified juvenile offender
registrant, the current school, institution of higher education,
or place of employment address, as applicable, unless the
seven-day period subsequent to that date that the offender or
delinquent child is provided under division (G)(1) of this section
to verify the current address has expired and the offender or
delinquent child, prior to the expiration of that seven-day
period, has not verified the current address. Upon the expiration
of the seven-day period that the offender or delinquent child is
provided under division (G)(1) of this section to verify the
current address, if the offender or delinquent child has not
verified the current address, all of the following apply:
(a) The sheriff with whom the offender or delinquent child is
required to verify the current residence, school, institution of
higher education, or place of employment address, as applicable,
promptly shall notify the bureau of criminal identification and
investigation of the failure.
(b) The sheriff with whom the offender or delinquent child is
required to verify the current residence, school, institution of
higher education, or place of employment address, as applicable,
the sheriff of the county in which the offender or delinquent
child resides, the sheriff of the county in which is located the
offender's or public registry-qualified juvenile offender
registrant's school, institution of higher education, or place of
employment address that was to be verified, or a deputy of the
appropriate sheriff, shall locate the offender or delinquent
child, promptly shall seek a warrant for the arrest or taking into
custody, as appropriate, of the offender or delinquent child for
the violation of division (F) of this section and shall arrest the
offender or take the child into custody, as appropriate.
(c) The offender or delinquent child is subject to
prosecution or a delinquent child proceeding for the violation of
division (F) of this section, and the delinquent child's parent,
guardian, or custodian may be subject to prosecution for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of that division.
(H) An offender or public registry-qualified juvenile
offender registrant who is required to verify the offender's or
public registry-qualified juvenile offender registrant's current
residence, school, institution of higher education, or place of
employment address pursuant to divisions (A) to (C) of this
section and a delinquent child who is not a public
registry-qualified juvenile offender registrant who is required to
verify the delinquent child's current residence address pursuant
to those divisions shall do so for the period of time specified in
section 2950.07 of the Revised Code.
Sec. 2950.07. (A) The duty of an offender who is convicted
of, pleads guilty to, has been convicted of, or has pleaded guilty
to a sexually oriented offense or a child-victim oriented offense
and the duty of a delinquent child who is or has been adjudicated
a delinquent child for committing a sexually oriented offense or a
child-victim oriented offense and is classified a juvenile
offender registrant or who is an out-of-state juvenile offender
registrant to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code commences on whichever of the
following dates is applicable:
(1) If the offender's duty to register is imposed pursuant to
division (A)(1)(a) of section 2950.04 or division (A)(1)(a) of
section 2950.041 of the Revised Code, the offender's duty to
comply with those sections commences immediately after the entry
of the judgment of conviction.
(2) If the delinquent child's duty to register is imposed
pursuant to division (A)(1)(b) of section 2950.04 or division
(A)(1)(b) of section 2950.041 of the Revised Code, the delinquent
child's duty to comply with those sections commences immediately
after the order of disposition.
(3) If the offender's duty to register is imposed pursuant to
division (A)(2) of section 2950.04 or division (A)(2) of section
2950.041 of the Revised Code, subject to division (A)(7) of this
section, the offender's duty to comply with those sections
commences on the date of the offender's release from a prison
term, a term of imprisonment, or any other type of confinement, or
if the offender is not sentenced to a prison term, a term of
imprisonment, or any other type of confinement, on the date of the
entry of the judgment of conviction of the sexually oriented
offense or child-victim oriented offense.
(4) If the offender's or delinquent child's duty to register
is imposed pursuant to division (A)(4) of section 2950.04 or
division (A)(4) of section 2950.041 of the Revised Code, the
offender's duty to comply with those sections commences regarding
residence addresses on the date that the offender begins to reside
or becomes temporarily domiciled in this state, the offender's
duty regarding addresses of schools, institutions of higher
education, and places of employment commences on the date the
offender begins attending any school or institution of higher
education in this state on a full-time or part-time basis or
becomes employed in this state, and the delinquent child's duty
commences on the date the delinquent child begins to reside or
becomes temporarily domiciled in this state.
(5) If the delinquent child's duty to register is imposed
pursuant to division (A)(3) of section 2950.04 or division (A)(3)
of section 2950.041 of the Revised Code, if the delinquent child's
classification as a juvenile offender registrant is made at the
time of the child's disposition for that sexually oriented offense
or child-victim oriented offense, whichever is applicable, and if
the delinquent child is committed for the sexually oriented
offense or child-victim oriented offense to the department of
youth services or to a secure facility that is not operated by the
department, the delinquent child's duty to comply with those
sections commences on the date of the delinquent child's discharge
or release from custody in the department of youth services secure
facility or from the secure facility not operated by the
department as described in that division.
(6) If the delinquent child's duty to register is imposed
pursuant to division (A)(3) of section 2950.04 or division (A)(3)
of section 2950.041 of the Revised Code and if either the
delinquent child's classification as a juvenile offender
registrant is made at the time of the child's disposition for that
sexually oriented offense or child-victim oriented offense,
whichever is applicable, and the delinquent child is not committed
for the sexually oriented offense or child-victim oriented offense
to the department of youth services or to a secure facility that
is not operated by the department or the child's classification as
a juvenile offender registrant is made pursuant to section 2152.83
or division (A)(2) of section 2152.86 of the Revised Code, subject
to divisions (A)(7) of this section, the delinquent child's duty
to comply with those sections commences on the date of entry of
the court's order that classifies the delinquent child a juvenile
offender registrant.
(7) If the offender's or delinquent child's duty to register
is imposed pursuant to division (A)(2), (3), or (4) of section
2950.04 or division (A)(2), (3), or (4) of section 2950.041 of the
Revised Code and if the offender or delinquent child prior to
January 1, 2008, 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 as they
existed prior to that date, on and after the date of the judicial
tier reclassification of the offender or child, the offender or
delinquent child initially shall register in accordance with
section 2950.04 or 2950.041 of the Revised Code, whichever is
applicable, as it exists on and after January July 1, 2008 2011,
not later than the earlier of the dates specified in divisions
(A)(7)(a) and, (b), and (c) of this section. The offender's or
delinquent child's duty to comply thereafter with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code as
they exist on and after January 1, 2008, commences on the date of
that initial registration. The offender or delinquent child
initially shall register under section 2950.04 or 2950.041 of the
Revised Code as it exists on and after January 1, 2008, not later
than the earlier of the following:
(a) The date that is six months after the date on which the
offender or delinquent child received a registered letter from the
attorney general under division (A)(2) or (B) of section 2950.031
of the Revised Code copy of the court order specifying the
judicial tier reclassification of the offender or child;
(b) The earlier of the date on which the offender or
delinquent child would be required to verify a previously
registered address under section 2950.06 of the Revised Code as it
exists on and after January July 1, 2008, or, if 2011, with that
date being determined based on the judicial tier reclassification
of the offender or child;
(c) If the offender or delinquent child has changed a
previously registered address, the date on which the offender or
delinquent child would be required to register a new residence,
school, institution of higher education, or place of employment
address under section 2950.05 of the Revised Code as it exists on
and after January July 1, 2008 2011.
(8) If the offender's or delinquent child's duty to register
was imposed pursuant to section 2950.04 or 2950.041 of the Revised
Code as they existed prior to January 1, 2008, on and after the
date of the judicial tier reclassification of the offender or
child, the offender's or delinquent child's duty resulting from
the reclassification to comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code as they exist on and
after January July 1, 2008 2011, is a continuation of the
offender's or delinquent child's former duty to register imposed
prior to January 1, 2008, under section 2950.04 or 2950.041 of the
Revised Code and shall be considered for all purposes as having
commenced on the date that the offender's or child's duty under
that section commenced.
(B) The duty of an offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to a
sexually oriented offense or a child-victim oriented offense and
the duty of a delinquent child who is or has been adjudicated a
delinquent child for committing a sexually oriented offense or a
child-victim oriented offense and is classified a juvenile
offender registrant or who is an out-of-state juvenile offender
registrant to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code continues, after the date of
commencement, for whichever of the following periods is
applicable:
(1) Except as otherwise provided in this division, if the
person is an offender who is a tier III sex offender/child-victim
offender relative to the sexually oriented offense or child-victim
oriented offense, if the person is a delinquent child who is a
tier III sex offender/child-victim offender relative to the
sexually oriented offense or child-victim oriented offense, or if
the person is a delinquent child who is a public
registry-qualified juvenile offender registrant relative to the
sexually oriented offense, the offender's or delinquent child's
duty to comply with those sections continues until the offender's
or delinquent child's death. Regarding a delinquent child who is a
tier III sex offender/child-victim offender relative to the
offense but is not a public registry-qualified juvenile offender
registrant relative to the offense, if the judge who made the
disposition for the delinquent child or that judge's successor in
office subsequently enters a determination pursuant to section
2152.84 or 2152.85 of the Revised Code that the delinquent child
no longer is a tier III sex offender/child-victim offender, the
delinquent child's duty to comply with those sections continues
for the period of time that is applicable to the delinquent child
under division (B)(2) or (3) of this section, based on the
reclassification of the child pursuant to section 2152.84 or
21562.85 2152.85 of the Revised Code as a tier I sex
offender/child-victim offender or a tier II sex
offender/child-victim offender. In no case shall the lifetime duty
to comply that is imposed under this division on an offender who
is a tier III sex offender/child-victim offender be removed or
terminated. A delinquent child who is a public registry-qualified
juvenile offender registrant may have the lifetime duty to
register terminated only pursuant to section 2950.15 of the
Revised Code.
(2) If the person is an offender who is a tier II sex
offender/child-victim offender relative to the sexually oriented
offense or child-victim oriented offense, the offender's duty to
comply with those sections continues for twenty-five years. Except
as otherwise provided in this division, if the person is a
delinquent child who is a tier II sex offender/child-victim
offender relative to the sexually oriented offense or child-victim
oriented offense, the delinquent child's duty to comply with those
sections continues for twenty years. Regarding a delinquent child
who is a tier II sex offender/child-victim offender relative to
the offense but is not a public registry-qualified juvenile
offender registrant relative to the offense, if the judge who made
the disposition for the delinquent child or that judge's successor
in office subsequently enters a determination pursuant to section
2152.84 or 2152.85 of the Revised Code that the delinquent child
no longer is a tier II sex offender/child-victim offender but
remains a juvenile offender registrant, the delinquent child's
duty to comply with those sections continues for the period of
time that is applicable to the delinquent child under division
(B)(3) of this section, based on the reclassification of the child
pursuant to section 2152.84 or 2152.85 of the Revised Code as a
tier I sex offender/child-victim offender.
(3) Except as otherwise provided in this division, if the
person is an offender who is a tier I sex offender/child-victim
offender relative to the sexually oriented offense or child-victim
oriented offense, the offender's duty to comply with those
sections continues for fifteen years. Except as otherwise provided
in this division, if the person is a delinquent child who is a
tier I sex offender/child-victim offender relative to the sexually
oriented offense or child-victim oriented offense, the delinquent
child's duty to comply with those sections continues for ten
years. Regarding a delinquent child who is a juvenile offender
registrant and a tier I sex offender/child-victim offender but is
not a public registry-qualified juvenile offender registrant, if
the judge who made the disposition for the delinquent child or
that judge's successor in office subsequently enters a
determination pursuant to section 2152.84 or 2152.85 of the
Revised Code that the delinquent child no longer is to be
classified a juvenile offender registrant, the delinquent child's
duty to comply with those sections terminates upon the court's
entry of the determination. A person who is an offender who is a
tier I sex offender/child-victim offender may have the
fifteen-year duty to register terminated only pursuant to section
2950.15 of the Revised Code.
(C)(1) If an offender has been convicted of or pleaded guilty
to a sexually oriented offense and the offender subsequently is
convicted of or pleads guilty to another sexually oriented offense
or a child-victim oriented offense, if an offender has been
convicted of or pleaded guilty to a child-victim oriented offense
and the offender subsequently is convicted of or pleads guilty to
another child-victim oriented offense or a sexually oriented
offense, if a delinquent child has been adjudicated a delinquent
child for committing a sexually oriented offense and is classified
a juvenile offender registrant or is an out-of-state juvenile
offender registrant and the child subsequently is adjudicated a
delinquent child for committing another sexually oriented offense
or a child-victim oriented offense and is classified a juvenile
offender registrant relative to that offense or subsequently is
convicted of or pleads guilty to another sexually oriented offense
or a child-victim oriented offense, or if a delinquent child has
been adjudicated a delinquent child for committing a child-victim
oriented offense and is classified a juvenile offender registrant
or is an out-of-state juvenile offender registrant and the child
subsequently is adjudicated a delinquent child for committing
another child-victim oriented offense or a sexually oriented
offense and is classified a juvenile offender registrant relative
to that offense or subsequently is convicted of or pleads guilty
to another child-victim oriented offense or a sexually oriented
offense, the period of time for which the offender or delinquent
child must comply with the sections specified in division (A) of
this section shall be separately calculated pursuant to divisions
(A)(1) to (8) and (B)(1) to (3) of this section for each of the
sexually oriented offenses and child-victim oriented offenses, and
the offender or delinquent child shall comply with each separately
calculated period of time independently.
If a delinquent child has been adjudicated a delinquent child
for committing a sexually oriented offense or a child-victim
oriented offense, is classified a juvenile offender registrant or
is an out-of-state juvenile offender registrant relative to that
offense, and, after attaining eighteen years of age, subsequently
is convicted of or pleads guilty to another sexually oriented
offense or child-victim oriented offense, the subsequent
conviction or guilty plea does not limit, affect, or supersede the
duties imposed upon the delinquent child under this chapter
relative to the delinquent child's classification as a juvenile
offender registrant or as an out-of-state juvenile offender
registrant, and the delinquent child shall comply with both those
duties and the duties imposed under this chapter relative to the
subsequent conviction or guilty plea.
(2) If a delinquent child has been adjudicated a delinquent
child for committing a sexually oriented offense or a child-victim
oriented offense and is classified a juvenile offender registrant
relative to the offense and if the juvenile judge or the judge's
successor in office subsequently reclassifies the offense tier in
which the child is classified pursuant to section 2152.84 or
2152.85 of the Revised Code, the judge's subsequent determination
to reclassify the child does not affect the date of commencement
of the delinquent child's duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code as determined
under division (A) of this section. The child's duty to comply
with those sections after the reclassification is a continuation
of the child's duty to comply with the sections that was in effect
prior to the reclassification, and the duty shall continue for the
period of time specified in division (B)(1), (2), or (3) of this
section, whichever is applicable.
If, prior to January 1, 2008, an offender had a duty to
comply with the sections specified in division (A) of this section
as a result of a conviction of or plea of guilty to a sexually
oriented offense or child-victim oriented offense as those terms
were defined in section 2950.01 of the Revised Code prior to
January 1, 2008, or a delinquent child had a duty to comply with
those sections as a result of an adjudication as a delinquent
child for committing one of those offenses as they were defined
prior to January 1, 2008, on and after the date of the judicial
tier reclassification of the offender or child, the period of
time specified in division (B)(1), (2), or (3) of this section on
and after January July 1, 2008 2011, for which a person must
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code applies to the person, automatically replaces the
period of time for which the person had to comply with those
sections prior to January 1, 2008, and is a continuation of the
person's duty to comply with the sections that was in effect prior
to the reclassification of the person as described in this
division. If, prior to January 1, 2008, an offender or a
delinquent child had a duty to comply with the sections specified
in division (A) of this section, the offender's or delinquent
child's classification reclassification as a tier I sex
offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender for purposes of that period of time
shall be determined as specified in section 2950.031 or 2950.032
2950.035 or 2950.036 of the Revised Code, as and, if applicable,
section 2950.037 of the Revised Code.
(D) The duty of an offender or delinquent child to register
under this chapter is tolled for any period during which the
offender or delinquent child is returned to confinement in a
secure facility for any reason or imprisoned for an offense when
the confinement in a secure facility or imprisonment occurs
subsequent to the date determined pursuant to division (A) of this
section. The offender's or delinquent child's duty to register
under this chapter resumes upon the offender's or delinquent
child's release from confinement in a secure facility or
imprisonment.
(E) An offender or delinquent child who has been or is
convicted, has pleaded or pleads guilty, or has been 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 of any nation other than the United States for committing a
sexually oriented offense or a child-victim oriented offense may
apply to the sheriff of the county in which the offender or
delinquent child resides or temporarily is domiciled, or in which
the offender attends a school or institution of higher education
or is employed, for credit against the duty to register for the
time that the offender or delinquent child has complied with the
sex offender or child-victim offender registration requirements of
another jurisdiction. The sheriff shall grant the offender or
delinquent child credit against the duty to register for time for
which the offender or delinquent child provides adequate proof
that the offender or delinquent child has complied with the sex
offender or child-victim offender registration requirements of
another jurisdiction. If the offender or delinquent child
disagrees with the determination of the sheriff, the offender or
delinquent child may appeal the determination to the court of
common pleas of the county in which the offender or delinquent
child resides or is temporarily domiciled, or in which the
offender attends a school or institution of higher education or is
employed.
Sec. 2950.08. (A) Subject to division (B) of this section,
the statements, information, photographs, fingerprints, and
material required by sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code and provided by a person who
registers, who provides notice of a change of residence, school,
institution of higher education, or place of employment address
and registers the new residence, school, institution of higher
education, or place of employment address, or who provides
verification of a current residence, school, institution of higher
education, or place of employment address pursuant to those
sections and that are in the possession of the bureau of criminal
identification and investigation and the information in the
possession of the bureau that was received by the bureau pursuant
to section 2950.14 of the Revised Code shall not be open to
inspection by the public or by any person other than the following
persons:
(1) A regularly employed peace officer or other law
enforcement officer;
(2) An authorized employee of the bureau of criminal
identification and investigation for the purpose of providing
information to a board, administrator, or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(3) The registrar of motor vehicles, or an employee of the
registrar of motor vehicles, for the purpose of verifying and
updating any of the information so provided, upon the request of
the bureau of criminal identification and investigation;
(4) Judges and court personnel for the purpose of making a
judicial tier reclassification of an offender or delinquent child
pursuant to section 2950.035 or 2950.036 of the Revised Code.
(B) Division (A) of this section does not apply to any
information that is contained in the internet sex offender and
child-victim offender database established by the attorney general
under division (A)(11) of section 2950.13 of the Revised Code
regarding offenders and that is disseminated as described in that
division.
Sec. 2950.13. (A) The attorney general shall do all of the
following:
(1) No later than July 1, 1997, establish and maintain a
state registry of sex offenders and child-victim offenders that is
housed at the bureau of criminal identification and investigation
and that contains all of the registration, change of residence,
school, institution of higher education, or place of employment
address, and verification information the bureau receives pursuant
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code regarding each person who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a sexually
oriented offense or a child-victim oriented offense and each
person who is or has been adjudicated a delinquent child for
committing a sexually oriented offense or a child-victim oriented
offense and is classified a juvenile offender registrant or is an
out-of-state juvenile offender registrant based on that
adjudication, all of the information the bureau receives pursuant
to section 2950.14 of the Revised Code, and any notice of an order
terminating or modifying an offender's or delinquent child's duty
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code the bureau receives pursuant to section 2152.84,
2152.85, or 2950.15 of the Revised Code. For a person who was
convicted of or pleaded guilty to the sexually oriented offense or
child-victim related offense, the registry also shall indicate
whether the person was convicted of or pleaded guilty to the
offense in a criminal prosecution or in a serious youthful
offender case. The registry shall not be open to inspection by the
public or by any person other than a person identified in division
(A) of section 2950.08 of the Revised Code. In addition to the
information and material previously identified in this division,
the registry shall include all of the following regarding each
person who is listed in the registry:
(a) A citation for, and the name of, all sexually oriented
offenses or child-victim oriented offenses of which the person was
convicted, to which the person pleaded guilty, or for which the
person was adjudicated a delinquent child and that resulted in a
registration duty, and the date on which those offenses were
committed;
(b) The text of the sexually oriented offenses or
child-victim oriented offenses identified in division (A)(1)(a) of
this section as those offenses existed at the time the person was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing those offenses, or a link to a database that
sets forth the text of those offenses;
(c) A statement as to whether the person is a tier I sex
offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender for the sexually oriented offenses
or child-victim oriented offenses identified in division (A)(1)(a)
of this section;
(d) The community supervision status of the person,
including, but not limited to, whether the person is serving a
community control sanction and the nature of any such sanction,
whether the person is under supervised release and the nature of
the release, or regarding a juvenile, whether the juvenile is
under any type of release authorized under Chapter 2152. or 5139.
of the Revised Code and the nature of any such release;
(e) The offense and delinquency history of the person, as
determined from information gathered or provided under sections
109.57 and 2950.14 of the Revised Code;
(f) The bureau of criminal identification and investigation
tracking number assigned to the person if one has been so
assigned, the federal bureau of investigation number assigned to
the person if one has been assigned and the bureau of criminal
identification and investigation is aware of the number, and any
other state identification number assigned to the person of which
the bureau is aware;
(g) Fingerprints and palmprints of the person;
(h) A DNA specimen, as defined in section 109.573 of the
Revised Code, from the person;
(i) Whether the person has any outstanding arrest warrants;
(j) Whether the person is in compliance with the person's
duties under this chapter.
(2) In consultation with local law enforcement
representatives and no later than July 1, 1997, adopt rules that
contain guidelines necessary for the implementation of this
chapter;
(3) In consultation with local law enforcement
representatives, adopt rules for the implementation and
administration of the provisions contained in section 2950.11 of
the Revised Code that pertain to the notification of neighbors of
an offender or a delinquent child who has committed a sexually
oriented offense or a child-victim oriented offense and and is in
a category specified in division (F)(1) of that section and rules
that prescribe a manner in which victims of a sexually oriented
offense or a child-victim oriented offense committed by an
offender or a delinquent child who is in a category specified in
division (B)(1) of section 2950.10 of the Revised Code may make a
request that specifies that the victim would like to be provided
the notices described in divisions (A)(1) and (2) of section
2950.10 of the Revised Code;
(4) In consultation with local law enforcement
representatives and through the bureau of criminal identification
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03, 2950.035, or 2950.032
2950.036 of the Revised Code to advise offenders and delinquent
children of their duties of filing a notice of intent to reside,
registration, notification of a change of residence, school,
institution of higher education, or place of employment address
and registration of the new, school, institution of higher
education, or place of employment address, as applicable, and
address verification under sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code, and prescribe the forms to be
used by sheriffs relative to those duties of filing a notice of
intent to reside, registration, change of residence, school,
institution of higher education, or place of employment address
notification, and address verification;
(5) Make copies of the forms prescribed under division (A)(4)
of this section available to judges, officials, and sheriffs;
(6) Through the bureau of criminal identification and
investigation, provide the notifications, the information and
materials, and the documents that the bureau is required to
provide to appropriate law enforcement officials and to the
federal bureau of investigation pursuant to sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code;
(7) Through the bureau of criminal identification and
investigation, maintain the verification forms returned under the
address verification mechanism set forth in section 2950.06 of the
Revised Code;
(8) In consultation with representatives of the officials,
judges, and sheriffs, adopt procedures for officials, judges, and
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of criminal identification and
investigation pursuant to the requirements of sections 2950.03,
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised
Code;
(9) In consultation with the director of education, the
director of job and family services, and the director of
rehabilitation and correction, adopt rules that contain guidelines
to be followed by boards of education of a school district,
chartered nonpublic schools or other schools not operated by a
board of education, preschool programs, child day-care centers,
type A family day-care homes, certified type B family day-care
homes, and institutions of higher education regarding the proper
use and administration of information received pursuant to section
2950.11 of the Revised Code relative to an offender or delinquent
child who has committed a sexually oriented offense or a
child-victim oriented offense and is in a category specified in
division (F)(1) of that section;
(10) In consultation with local law enforcement
representatives and no later than July 1, 1997, adopt rules that
designate a geographic area or areas within which the notice
described in division (B) of section 2950.11 of the Revised Code
must be given to the persons identified in divisions (A)(2) to (8)
and (A)(10) of that section;
(11) Through the bureau of criminal identification and
investigation, not later than January 1, 2004, establish and
operate on the internet a sex offender and child-victim offender
database that contains information for every offender who has
committed a sexually oriented offense or a child-victim oriented
offense and registers in any county in this state pursuant to
section 2950.04 or 2950.041 of the Revised Code and for every
delinquent child who has committed a sexually oriented offense, is
a public registry-qualified juvenile offender registrant, and
registers in any county in this state pursuant to either such
section. The bureau shall not include on the database the identity
of any offender's or public registry-qualified juvenile offender
registrant's victim, any offender's or public registry-qualified
juvenile offender registrant's social security number, the name of
any school or institution of higher education attended by any
offender or public registry-qualified juvenile offender
registrant, the name of the place of employment of any offender or
public registry-qualified juvenile offender registrant, any
tracking or identification number described in division (A)(1)(f)
of this section, or any information described in division (C)(7)
of section 2950.04 or 2950.041 of the Revised Code. The bureau
shall provide on the database, for each offender and each public
registry-qualified juvenile offender registrant, at least the
information specified in divisions (A)(11)(a) to (h) of this
section. Otherwise, the bureau shall determine the information to
be provided on the database for each offender and public
registry-qualified juvenile offender registrant and shall obtain
that information from the information contained in the state
registry of sex offenders and child-victim offenders described in
division (A)(1) of this section, which information, while in the
possession of the sheriff who provided it, is a public record open
for inspection as described in section 2950.081 of the Revised
Code. The database is a public record open for inspection under
section 149.43 of the Revised Code, and it shall be searchable by
offender or public registry-qualified juvenile offender registrant
name, by county, by zip code, and by school district. The database
shall provide a link to the web site of each sheriff who has
established and operates on the internet a sex offender and
child-victim offender database that contains information for
offenders and public registry-qualified juvenile offender
registrants who register in that county pursuant to section
2950.04 or 2950.041 of the Revised Code, with the link being a
direct link to the sex offender and child-victim offender database
for the sheriff. The bureau shall provide on the database, for
each offender and public registry-qualified juvenile offender
registrant, at least the following information:
(a) The information described in divisions (A)(1)(a), (b),
(c), and (d) of this section relative to the offender or public
registry-qualified juvenile offender registrant;
(b) The address of the offender's or public
registry-qualified juvenile offender registrant's school,
institution of higher education, or place of employment provided
in a registration form;
(c) The information described in division (C)(6) of section
2950.04 or 2950.041 of the Revised Code;
(d) A chart describing which sexually oriented offenses and
child-victim oriented offenses are included in the definitions of
tier I sex offender/child-victim offender, tier II sex
offender/child-victim offender, and tier III sex
offender/child-victim offender;
(e) Fingerprints and palm prints palmprints of the offender
or public registry-qualified juvenile offender registrant and a
DNA specimen from the offender or public registry-qualified
juvenile offender registrant;
(f) The information set forth in division (B) of section
2950.11 of the Revised Code;
(g) Any outstanding arrest warrants for the offender or
public registry-qualified juvenile offender registrant;
(h) The offender's or public registry-qualified juvenile
offender registrant's compliance status with duties under this
chapter.
(12) Develop software to be used by sheriffs in establishing
on the internet a sex offender and child-victim offender database
for the public dissemination of some or all of the information and
materials described in division (A) of section 2950.081 of the
Revised Code that are public records under that division, that are
not prohibited from inclusion by division (B) of that section, and
that pertain to offenders and public registry-qualified juvenile
offender registrants who register in the sheriff's county pursuant
to section 2950.04 or 2950.041 of the Revised Code and for the
public dissemination of information the sheriff receives pursuant
to section 2950.14 of the Revised Code and, upon the request of
any sheriff, provide technical guidance to the requesting sheriff
in establishing on the internet such a database;
(13) Through the bureau of criminal identification and
investigation, not later than January 1, 2004, establish and
operate on the internet a database that enables local law
enforcement representatives to remotely search by electronic means
the state registry of sex offenders and child-victim offenders
described in division (A)(1) of this section and any information
and materials the bureau receives pursuant to sections 2950.04,
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The
database shall enable local law enforcement representatives to
obtain detailed information regarding each offender and delinquent
child who is included in the registry, including, but not limited
to the offender's or delinquent child's name, aliases, residence
address, name and address of any place of employment, school,
institution of higher education, if applicable, license plate
number of each vehicle identified in division (C)(5) of section
2950.04 or 2950.041 of the Revised Code to the extent applicable,
victim preference if available, date of most recent release from
confinement if applicable, fingerprints, and palmprints, all of
the information and material described in
division divisions
(A)(1)(a) to (h) of this section regarding the offender or
delinquent child, and other identification parameters the bureau
considers appropriate. The database is not a public record open
for inspection under section 149.43 of the Revised Code and shall
be available only to law enforcement representatives as described
in this division. Information obtained by local law enforcement
representatives through use of this database is not open to
inspection by the public or by any person other than a person
identified in division (A) of section 2950.08 of the Revised Code.
(14) Through the bureau of criminal identification and
investigation, maintain a list of requests for notice about a
specified offender or delinquent child or specified geographical
notification area made pursuant to division (J) of section 2950.11
of the Revised Code and, when an offender or delinquent child
changes residence to another county, forward any requests for
information about that specific offender or delinquent child to
the appropriate sheriff;
(15) Through the bureau of criminal identification and
investigation, establish and operate a system for the immediate
notification by electronic means of the appropriate officials in
other states specified in this division each time an offender or
delinquent child registers a residence, school, institution of
higher education, or place of employment address under section
2950.04 or 2950.041 of the revised Revised Code or provides a
notice of a change of address or registers a new address under
division (A) or (B) of section 2950.05 of the Revised Code. The
immediate notification by electronic means shall be provided to
the appropriate officials in each state in which the offender or
delinquent child is required to register a residence, school,
institution of higher education, or place of employment address.
The notification shall contain the offender's or delinquent
child's name and all of the information the bureau receives from
the sheriff with whom the offender or delinquent child registered
the address or provided the notice of change of address or
registered the new address.
(B) The attorney general in consultation with local law
enforcement representatives, may adopt rules that establish one or
more categories of neighbors of an offender or delinquent child
who, in addition to the occupants of residential premises and
other persons specified in division (A)(1) of section 2950.11 of
the Revised Code, must be given the notice described in division
(B) of that section.
(C) No person, other than a local law enforcement
representative, shall knowingly do any of the following:
(1) Gain or attempt to gain access to the database
established and operated by the attorney general, through the
bureau of criminal identification and investigation, pursuant to
division (A)(13) of this section.
(2) Permit any person to inspect any information obtained
through use of the database described in division (C)(1) of this
section, other than as permitted under that division.
(D) As used in this section, "local law enforcement
representatives" means representatives of the sheriffs of this
state, representatives of the municipal chiefs of police and
marshals of this state, and representatives of the township
constables and chiefs of police of the township police departments
or police district police forces of this state.
Section 2. That existing sections 2152.02, 2152.851,
2152.86, 2950.01, 2950.03, 2950.04, 2950.041, 2950.06, 2950.07,
2950.08, and 2950.13 and sections 2950.031, 2950.032, 2950.033,
and 2950.043 of the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act shall take effect on
July 1, 2011.
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