Bill Text: OH HB498 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To make volunteer coaches engaged by recreational youth athletics organizations or entities and game officials certified by interscholastic athletic regulatory organizations or associations subject to mandatory criminal records checks, to prohibit for a minimum of five years after the individual's release from imprisonment imposed as a result of the offense or a minimum of five years after sentencing if the individual was not imprisoned the use of a coach or the certification of an individual as a game official who has been convicted of specified offenses, and to revise the immunity from civil liability for an act or omission of a volunteer who has been subject to a criminal records check.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2012-03-27 - To Criminal Justice [HB498 Detail]

Download: Ohio-2011-HB498-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 498

Representatives Fedor, Garland 

Cosponsors: Representatives Antonio, Celebrezze, Driehaus, Fende, Hagan, R., Okey, Phillips, Yuko 

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A BILL

To amend sections 109.57, 109.572, 109.575, 109.576,

1

109.577, and 121.402 and to enact sections 1541.82

2

and 3313.539 of the Revised Code to make volunteer

3

coaches engaged by recreational youth athletics

4

organizations or entities and game officials

5

certified by interscholastic athletic regulatory

6

organizations or associations subject to mandatory

7

criminal records checks, to prohibit for a minimum

8

of five years after the individual's release from

9

imprisonment imposed as a result of the offense or

10

a minimum of five years after sentencing if the

11

individual was not imprisoned the use of a coach

12

or the certification of an individual as a game

13

official who has been convicted of specified

14

offenses, and to revise the immunity from civil

15

liability for an act or omission of a volunteer

16

who has been subject to a criminal records check.

17

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 109.57, 109.572, 109.575, 109.576,	18
109.577, and 121.402 be amended and sections 1541.82 and 3313.539	19
of the Revised Code be enacted to read as follows:	20

Sec. 109.57.  (A)(1) The superintendent of the bureau of	21
criminal identification and investigation shall procure from	22
wherever procurable and file for record photographs, pictures,	23
descriptions, fingerprints, measurements, and other information	24
that may be pertinent of all persons who have been convicted of	25
committing within this state a felony, any crime constituting a	26
misdemeanor on the first offense and a felony on subsequent	27
offenses, or any misdemeanor described in division (A)(1)(a),	28
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	29
of all children under eighteen years of age who have been	30
adjudicated delinquent children for committing within this state	31
an act that would be a felony or an offense of violence if	32
committed by an adult or who have been convicted of or pleaded	33
guilty to committing within this state a felony or an offense of	34
violence, and of all well-known and habitual criminals. The person	35
in charge of any county, multicounty, municipal, municipal-county,	36
or multicounty-municipal jail or workhouse, community-based	37
correctional facility, halfway house, alternative residential	38
facility, or state correctional institution and the person in	39
charge of any state institution having custody of a person	40
suspected of having committed a felony, any crime constituting a	41
misdemeanor on the first offense and a felony on subsequent	42
offenses, or any misdemeanor described in division (A)(1)(a),	43
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or	44
having custody of a child under eighteen years of age with respect	45
to whom there is probable cause to believe that the child may have	46
committed an act that would be a felony or an offense of violence	47
if committed by an adult shall furnish such material to the	48
superintendent of the bureau. Fingerprints, photographs, or other	49
descriptive information of a child who is under eighteen years of	50
age, has not been arrested or otherwise taken into custody for	51
committing an act that would be a felony or an offense of violence	52
who is not in any other category of child specified in this	53
division, if committed by an adult, has not been adjudicated a	54
delinquent child for committing an act that would be a felony or	55
an offense of violence if committed by an adult, has not been	56
convicted of or pleaded guilty to committing a felony or an	57
offense of violence, and is not a child with respect to whom there	58
is probable cause to believe that the child may have committed an	59
act that would be a felony or an offense of violence if committed	60
by an adult shall not be procured by the superintendent or	61
furnished by any person in charge of any county, multicounty,	62
municipal, municipal-county, or multicounty-municipal jail or	63
workhouse, community-based correctional facility, halfway house,	64
alternative residential facility, or state correctional	65
institution, except as authorized in section 2151.313 of the	66
Revised Code.	67

(2) Every clerk of a court of record in this state, other	68
than the supreme court or a court of appeals, shall send to the	69
superintendent of the bureau a weekly report containing a summary	70
of each case involving a felony, involving any crime constituting	71
a misdemeanor on the first offense and a felony on subsequent	72
offenses, involving a misdemeanor described in division (A)(1)(a),	73
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code,	74
or involving an adjudication in a case in which a child under	75
eighteen years of age was alleged to be a delinquent child for	76
committing an act that would be a felony or an offense of violence	77
if committed by an adult. The clerk of the court of common pleas	78
shall include in the report and summary the clerk sends under this	79
division all information described in divisions (A)(2)(a) to (f)	80
of this section regarding a case before the court of appeals that	81
is served by that clerk. The summary shall be written on the	82
standard forms furnished by the superintendent pursuant to	83
division (B) of this section and shall include the following	84
information:	85

(a) The incident tracking number contained on the standard	86
forms furnished by the superintendent pursuant to division (B) of	87
this section;	88

(b) The style and number of the case;

89

(c) The date of arrest, offense, summons, or arraignment;

90

(d) The date that the person was convicted of or pleaded	91
guilty to the offense, adjudicated a delinquent child for	92
committing the act that would be a felony or an offense of	93
violence if committed by an adult, found not guilty of the	94
offense, or found not to be a delinquent child for committing an	95
act that would be a felony or an offense of violence if committed	96
by an adult, the date of an entry dismissing the charge, an entry	97
declaring a mistrial of the offense in which the person is	98
discharged, an entry finding that the person or child is not	99
competent to stand trial, or an entry of a nolle prosequi, or the	100
date of any other determination that constitutes final resolution	101
of the case;	102

(e) A statement of the original charge with the section of	103
the Revised Code that was alleged to be violated;	104

(f) If the person or child was convicted, pleaded guilty, or	105
was adjudicated a delinquent child, the sentence or terms of	106
probation imposed or any other disposition of the offender or the	107
delinquent child.	108

If the offense involved the disarming of a law enforcement	109
officer or an attempt to disarm a law enforcement officer, the	110
clerk shall clearly state that fact in the summary, and the	111
superintendent shall ensure that a clear statement of that fact is	112
placed in the bureau's records.	113

(3) The superintendent shall cooperate with and assist	114
sheriffs, chiefs of police, and other law enforcement officers in	115
the establishment of a complete system of criminal identification	116
and in obtaining fingerprints and other means of identification of	117
all persons arrested on a charge of a felony, any crime	118
constituting a misdemeanor on the first offense and a felony on	119
subsequent offenses, or a misdemeanor described in division	120
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the	121
Revised Code and of all children under eighteen years of age	122
arrested or otherwise taken into custody for committing an act	123
that would be a felony or an offense of violence if committed by	124
an adult. The superintendent also shall file for record the	125
fingerprint impressions of all persons confined in a county,	126
multicounty, municipal, municipal-county, or multicounty-municipal	127
jail or workhouse, community-based correctional facility, halfway	128
house, alternative residential facility, or state correctional	129
institution for the violation of state laws and of all children	130
under eighteen years of age who are confined in a county,	131
multicounty, municipal, municipal-county, or multicounty-municipal	132
jail or workhouse, community-based correctional facility, halfway	133
house, alternative residential facility, or state correctional	134
institution or in any facility for delinquent children for	135
committing an act that would be a felony or an offense of violence	136
if committed by an adult, and any other information that the	137
superintendent may receive from law enforcement officials of the	138
state and its political subdivisions.	139

(4) The superintendent shall carry out Chapter 2950. of the	140
Revised Code with respect to the registration of persons who are	141
convicted of or plead guilty to a sexually oriented offense or a	142
child-victim oriented offense and with respect to all other duties	143
imposed on the bureau under that chapter.	144

(5) The bureau shall perform centralized recordkeeping	145
functions for criminal history records and services in this state	146
for purposes of the national crime prevention and privacy compact	147
set forth in section 109.571 of the Revised Code and is the	148
criminal history record repository as defined in that section for	149
purposes of that compact. The superintendent or the	150
superintendent's designee is the compact officer for purposes of	151
that compact and shall carry out the responsibilities of the	152
compact officer specified in that compact.	153

(B) The superintendent shall prepare and furnish to every	154
county, multicounty, municipal, municipal-county, or	155
multicounty-municipal jail or workhouse, community-based	156
correctional facility, halfway house, alternative residential	157
facility, or state correctional institution and to every clerk of	158
a court in this state specified in division (A)(2) of this section	159
standard forms for reporting the information required under	160
division (A) of this section. The standard forms that the	161
superintendent prepares pursuant to this division may be in a	162
tangible format, in an electronic format, or in both tangible	163
formats and electronic formats.	164

(C)(1) The superintendent may operate a center for	165
electronic, automated, or other data processing for the storage	166
and retrieval of information, data, and statistics pertaining to	167
criminals and to children under eighteen years of age who are	168
adjudicated delinquent children for committing an act that would	169
be a felony or an offense of violence if committed by an adult,	170
criminal activity, crime prevention, law enforcement, and criminal	171
justice, and may establish and operate a statewide communications	172
network to be known as the Ohio law enforcement gateway to gather	173
and disseminate information, data, and statistics for the use of	174
law enforcement agencies and for other uses specified in this	175
division. The superintendent may gather, store, retrieve, and	176
disseminate information, data, and statistics that pertain to	177
children who are under eighteen years of age and that are gathered	178
pursuant to sections 109.57 to 109.61 of the Revised Code together	179
with information, data, and statistics that pertain to adults and	180
that are gathered pursuant to those sections.	181

(2) The superintendent or the superintendent's designee shall	182
gather information of the nature described in division (C)(1) of	183
this section that pertains to the offense and delinquency history	184
of a person who has been convicted of, pleaded guilty to, or been	185
adjudicated a delinquent child for committing a sexually oriented	186
offense or a child-victim oriented offense for inclusion in the	187
state registry of sex offenders and child-victim offenders	188
maintained pursuant to division (A)(1) of section 2950.13 of the	189
Revised Code and in the internet database operated pursuant to	190
division (A)(13) of that section and for possible inclusion in the	191
internet database operated pursuant to division (A)(11) of that	192
section.	193

(3) In addition to any other authorized use of information,	194
data, and statistics of the nature described in division (C)(1) of	195
this section, the superintendent or the superintendent's designee	196
may provide and exchange the information, data, and statistics	197
pursuant to the national crime prevention and privacy compact as	198
described in division (A)(5) of this section.	199

(4) The attorney general may adopt rules under Chapter 119.	200
of the Revised Code establishing guidelines for the operation of	201
and participation in the Ohio law enforcement gateway. The rules	202
may include criteria for granting and restricting access to	203
information gathered and disseminated through the Ohio law	204
enforcement gateway. The attorney general shall permit the state	205
medical board and board of nursing to access and view, but not	206
alter, information gathered and disseminated through the Ohio law	207
enforcement gateway.	208

The attorney general may appoint a steering committee to	209
advise the attorney general in the operation of the Ohio law	210
enforcement gateway that is comprised of persons who are	211
representatives of the criminal justice agencies in this state	212
that use the Ohio law enforcement gateway and is chaired by the	213
superintendent or the superintendent's designee.	214

(D)(1) The following are not public records under section	215
149.43 of the Revised Code:	216

(a) Information and materials furnished to the superintendent	217
pursuant to division (A) of this section;	218

(b) Information, data, and statistics gathered or	219
disseminated through the Ohio law enforcement gateway pursuant to	220
division (C)(1) of this section;	221

(c) Information and materials furnished to any board or	222
person under division (F) or (G) of this section.	223

(2) The superintendent or the superintendent's designee shall	224
gather and retain information so furnished under division (A) of	225
this section that pertains to the offense and delinquency history	226
of a person who has been convicted of, pleaded guilty to, or been	227
adjudicated a delinquent child for committing a sexually oriented	228
offense or a child-victim oriented offense for the purposes	229
described in division (C)(2) of this section.	230

(E) The attorney general shall adopt rules, in accordance	231
with Chapter 119. of the Revised Code, setting forth the procedure	232
by which a person may receive or release information gathered by	233
the superintendent pursuant to division (A) of this section. A	234
reasonable fee may be charged for this service. If a temporary	235
employment service submits a request for a determination of	236
whether a person the service plans to refer to an employment	237
position has been convicted of or pleaded guilty to an offense	238
listed in division (A)(1), (3), (4), (5), or (6) of section	239
109.572 of the Revised Code, the request shall be treated as a	240
single request and only one fee shall be charged.	241

(F)(1) As used in division (F)(2) of this section, "head	242
start agency" means an entity in this state that has been approved	243
to be an agency for purposes of subchapter II of the "Community	244
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	245
as amended.	246

(2)(a) In addition to or in conjunction with any request that	247
is required to be made under section 109.572, 2151.86, 3301.32,	248
3301.541, division (C) of section 3310.58, or section 3319.39,	249
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081,	250
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made	251
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the	252
Revised Code, the board of education of any school district; the	253
director of developmental disabilities; any county board of	254
developmental disabilities; any entity under contract with a	255
county board of developmental disabilities; the chief	256
administrator of any chartered nonpublic school; the chief	257
administrator of a registered private provider that is not also a	258
chartered nonpublic school; the chief administrator of any home	259
health agency; the chief administrator of or person operating any	260
child day-care center, type A family day-care home, or type B	261
family day-care home licensed or certified under Chapter 5104. of	262
the Revised Code; the administrator of any type C family day-care	263
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	264
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	265
general assembly; the chief administrator of any head start	266
agency; the executive director of a public children services	267
agency; a private company described in section 3314.41, 3319.392,	268
3326.25, or 3328.20 of the Revised Code; or an employer described	269
in division (J)(2) of section 3327.10 of the Revised Code may	270
request that the superintendent of the bureau investigate and	271
determine, with respect to any individual who has applied for	272
employment in any position after October 2, 1989, or any	273
individual wishing to apply for employment with a board of	274
education may request, with regard to the individual, whether the	275
bureau has any information gathered under division (A) of this	276
section that pertains to that individual. On	277

In addition to or in conjunction with any request that is	278
required to be made under section 1541.82 of the Revised Code, the	279
administrator of a recreational youth athletics organization or	280
entity may request that the superintendent investigate and	281
determine, with respect to any individual who has applied to be a	282
volunteer coach for the organization or entity, whether the bureau	283
has any information gathered under division (A) of this section	284
that pertains to that individual.	285

In addition to or in conjunction with any request that is	286
required to be made under section 3313.539 of the Revised Code,	287
any organization or association that regulates interscholastic	288
athletics among public or nonpublic schools in the state may	289
request that the superintendent investigate and determine, with	290
respect to any individual who has applied for issuance or renewal	291
of a permit to officiate interscholastic athletic games and	292
contests, whether the bureau has any information gathered under	293
division (A) of this section that pertains to that individual.	294

On receipt of the requestany of those types of requests, the	295
superintendent shall determine whether that information exists	296
and, upon request of the person, board, or entity requesting	297
information, also shall request from the federal bureau of	298
investigation any criminal records it has pertaining to that	299
individual. The superintendent or the superintendent's designee	300
also may request criminal history records from other states or the	301
federal government pursuant to the national crime prevention and	302
privacy compact set forth in section 109.571 of the Revised Code.	303
Within thirty days of the date that the superintendent receives a	304
request, the superintendent shall send to the board, entity, or	305
person a report of any information that the superintendent	306
determines exists, including information contained in records that	307
have been sealed under section 2953.32 of the Revised Code, and,	308
within thirty days of its receipt, shall send the board, entity,	309
or person a report of any information received from the federal	310
bureau of investigation, other than information the dissemination	311
of which is prohibited by federal law.	312

(b) When a board of education or a registered private	313
provider is required to receive information under this section as	314
a prerequisite to employment of an individual pursuant to division	315
(C) of section 3310.58 or section 3319.39 of the Revised Code, it	316
may accept a certified copy of records that were issued by the	317
bureau of criminal identification and investigation and that are	318
presented by an individual applying for employment with the	319
district in lieu of requesting that information itself. In such a	320
case, the board shall accept the certified copy issued by the	321
bureau in order to make a photocopy of it for that individual's	322
employment application documents and shall return the certified	323
copy to the individual. In a case of that nature, a district or	324
provider only shall accept a certified copy of records of that	325
nature within one year after the date of their issuance by the	326
bureau.	327

(c) Notwithstanding division (F)(2)(a) of this section, in	328
the case of a request under section 3319.39, 3319.391, or 3327.10	329
of the Revised Code only for criminal records maintained by the	330
federal bureau of investigation, the superintendent shall not	331
determine whether any information gathered under division (A) of	332
this section exists on the person for whom the request is made.	333

(3) The state board of education may request, with respect to	334
any individual who has applied for employment after October 2,	335
1989, in any position with the state board or the department of	336
education, any information that a school district board of	337
education is authorized to request under division (F)(2) of this	338
section, and the superintendent of the bureau shall proceed as if	339
the request has been received from a school district board of	340
education under division (F)(2) of this section.	341

(4) When the superintendent of the bureau receives a request	342
for information under section 3319.291 of the Revised Code, the	343
superintendent shall proceed as if the request has been received	344
from a school district board of education and shall comply with	345
divisions (F)(2)(a) and (c) of this section.	346

(5) When a recipient of a classroom reading improvement grant	347
paid under section 3301.86 of the Revised Code requests, with	348
respect to any individual who applies to participate in providing	349
any program or service funded in whole or in part by the grant,	350
the information that a school district board of education is	351
authorized to request under division (F)(2)(a) of this section,	352
the superintendent of the bureau shall proceed as if the request	353
has been received from a school district board of education under	354
division (F)(2)(a) of this section.	355

(G) In addition to or in conjunction with any request that is	356
required to be made under section 3701.881, 3712.09, 3721.121,	357
5119.693, or 5119.85 of the Revised Code with respect to an	358
individual who has applied for employment in a position that	359
involves providing direct care to an older adult or adult	360
resident, the chief administrator of a home health agency, hospice	361
care program, home licensed under Chapter 3721. of the Revised	362
Code, adult day-care program operated pursuant to rules adopted	363
under section 3721.04 of the Revised Code, adult foster home, or	364
adult care facility may request that the superintendent of the	365
bureau investigate and determine, with respect to any individual	366
who has applied after January 27, 1997, for employment in a	367
position that does not involve providing direct care to an older	368
adult or adult resident, whether the bureau has any information	369
gathered under division (A) of this section that pertains to that	370
individual.	371

In addition to or in conjunction with any request that is	372
required to be made under section 173.27 of the Revised Code with	373
respect to an individual who has applied for employment in a	374
position that involves providing ombudsperson services to	375
residents of long-term care facilities or recipients of	376
community-based long-term care services, the state long-term care	377
ombudsperson, ombudsperson's designee, or director of health may	378
request that the superintendent investigate and determine, with	379
respect to any individual who has applied for employment in a	380
position that does not involve providing such ombudsperson	381
services, whether the bureau has any information gathered under	382
division (A) of this section that pertains to that applicant.	383

In addition to or in conjunction with any request that is	384
required to be made under section 173.394 of the Revised Code with	385
respect to an individual who has applied for employment in a	386
position that involves providing direct care to an individual, the	387
chief administrator of a community-based long-term care agency may	388
request that the superintendent investigate and determine, with	389
respect to any individual who has applied for employment in a	390
position that does not involve providing direct care, whether the	391
bureau has any information gathered under division (A) of this	392
section that pertains to that applicant.	393

On receipt of a request under this division, the	394
superintendent shall determine whether that information exists	395
and, on request of the individual requesting information, shall	396
also request from the federal bureau of investigation any criminal	397
records it has pertaining to the applicant. The superintendent or	398
the superintendent's designee also may request criminal history	399
records from other states or the federal government pursuant to	400
the national crime prevention and privacy compact set forth in	401
section 109.571 of the Revised Code. Within thirty days of the	402
date a request is received, the superintendent shall send to the	403
requester a report of any information determined to exist,	404
including information contained in records that have been sealed	405
under section 2953.32 of the Revised Code, and, within thirty days	406
of its receipt, shall send the requester a report of any	407
information received from the federal bureau of investigation,	408
other than information the dissemination of which is prohibited by	409
federal law.	410

(H) Information obtained by a government entity or person	411
under this section is confidential and shall not be released or	412
disseminated.	413

(I) The superintendent may charge a reasonable fee for	414
providing information or criminal records under division (F)(2) or	415
(G) of this section.	416

(J) As used in this section:

417

(1) "Sexually oriented offense" and "child-victim oriented	418
offense" have the same meanings as in section 2950.01 of the	419
Revised Code.	420

(2) "Registered private provider" means a nonpublic school or	421
entity registered with the superintendent of public instruction	422
under section 3310.41 of the Revised Code to participate in the	423
autism scholarship program or section 3310.58 of the Revised Code	424
to participate in the Jon Peterson special needs scholarship	425
program.	426

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	427
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code,	428
a completed form prescribed pursuant to division (C)(1) of this	429
section, and a set of fingerprint impressions obtained in the	430
manner described in division (C)(2) of this section, the	431
superintendent of the bureau of criminal identification and	432
investigation shall conduct a criminal records check in the manner	433
described in division (B) of this section to determine whether any	434
information exists that indicates that the person who is the	435
subject of the request previously has been convicted of or pleaded	436
guilty to any of the following:	437

(a) A violation of section 2903.01, 2903.02, 2903.03,	438
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	439
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	440
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	441
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	442
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	443
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	444
2925.06, or 3716.11 of the Revised Code, felonious sexual	445
penetration in violation of former section 2907.12 of the Revised	446
Code, a violation of section 2905.04 of the Revised Code as it	447
existed prior to July 1, 1996, a violation of section 2919.23 of	448
the Revised Code that would have been a violation of section	449
2905.04 of the Revised Code as it existed prior to July 1, 1996,	450
had the violation been committed prior to that date, or a	451
violation of section 2925.11 of the Revised Code that is not a	452
minor drug possession offense;	453

(b) A violation of an existing or former law of this state,	454
any other state, or the United States that is substantially	455
equivalent to any of the offenses listed in division (A)(1)(a) of	456
this section.	457

(2) On receipt of a request pursuant to section 5123.081 of	458
the Revised Code with respect to an applicant for employment in	459
any position with the department of developmental disabilities,	460
pursuant to section 5126.28 of the Revised Code with respect to an	461
applicant for employment in any position with a county board of	462
developmental disabilities, or pursuant to section 5126.281 of the	463
Revised Code with respect to an applicant for employment in a	464
direct services position with an entity contracting with a county	465
board for employment, a completed form prescribed pursuant to	466
division (C)(1) of this section, and a set of fingerprint	467
impressions obtained in the manner described in division (C)(2) of	468
this section, the superintendent of the bureau of criminal	469
identification and investigation shall conduct a criminal records	470
check. The superintendent shall conduct the criminal records check	471
in the manner described in division (B) of this section to	472
determine whether any information exists that indicates that the	473
person who is the subject of the request has been convicted of or	474
pleaded guilty to any of the following:	475

(a) A violation of section 2903.01, 2903.02, 2903.03,	476
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	477
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	478
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	479
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	480
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	481
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	482
2925.03, or 3716.11 of the Revised Code;	483

(b) An existing or former municipal ordinance or law of this	484
state, any other state, or the United States that is substantially	485
equivalent to any of the offenses listed in division (A)(2)(a) of	486
this section.	487

(3) On receipt of a request pursuant to section 173.27,	488
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised	489
Code, a completed form prescribed pursuant to division (C)(1) of	490
this section, and a set of fingerprint impressions obtained in the	491
manner described in division (C)(2) of this section, the	492
superintendent of the bureau of criminal identification and	493
investigation shall conduct a criminal records check with respect	494
to any person who has applied for employment in a position for	495
which a criminal records check is required by those sections. The	496
superintendent shall conduct the criminal records check in the	497
manner described in division (B) of this section to determine	498
whether any information exists that indicates that the person who	499
is the subject of the request previously has been convicted of or	500
pleaded guilty to any of the following:	501

(a) A violation of section 2903.01, 2903.02, 2903.03,	502
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	503
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	504
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	505
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	506
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	507
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	508
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	509
2925.22, 2925.23, or 3716.11 of the Revised Code;	510

(b) An existing or former law of this state, any other state,	511
or the United States that is substantially equivalent to any of	512
the offenses listed in division (A)(3)(a) of this section.	513

(4) On receipt of a request pursuant to section 3701.881 of	514
the Revised Code with respect to an applicant for employment with	515
a home health agency as a person responsible for the care,	516
custody, or control of a child, a completed form prescribed	517
pursuant to division (C)(1) of this section, and a set of	518
fingerprint impressions obtained in the manner described in	519
division (C)(2) of this section, the superintendent of the bureau	520
of criminal identification and investigation shall conduct a	521
criminal records check. The superintendent shall conduct the	522
criminal records check in the manner described in division (B) of	523
this section to determine whether any information exists that	524
indicates that the person who is the subject of the request	525
previously has been convicted of or pleaded guilty to any of the	526
following:	527

(a) A violation of section 2903.01, 2903.02, 2903.03,	528
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	529
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	530
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	531
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	532
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	533
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	534
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	535
violation of section 2925.11 of the Revised Code that is not a	536
minor drug possession offense;	537

(b) An existing or former law of this state, any other state,	538
or the United States that is substantially equivalent to any of	539
the offenses listed in division (A)(4)(a) of this section.	540

(5) On receipt of a request pursuant to section 5111.032,	541
5111.033, or 5111.034 of the Revised Code, a completed form	542
prescribed pursuant to division (C)(1) of this section, and a set	543
of fingerprint impressions obtained in the manner described in	544
division (C)(2) of this section, the superintendent of the bureau	545
of criminal identification and investigation shall conduct a	546
criminal records check. The superintendent shall conduct the	547
criminal records check in the manner described in division (B) of	548
this section to determine whether any information exists that	549
indicates that the person who is the subject of the request	550
previously has been convicted of, has pleaded guilty to, or has	551
been found eligible for intervention in lieu of conviction for any	552
of the following, regardless of the date of the conviction, the	553
date of entry of the guilty plea, or the date the person was found	554
eligible for intervention in lieu of conviction:	555

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	556
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	557
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	558
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	559
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	560
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	561
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	562
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	563
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	564
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	565
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	566
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	567
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	568
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	569
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	570
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual	571
penetration in violation of former section 2907.12 of the Revised	572
Code, a violation of section 2905.04 of the Revised Code as it	573
existed prior to July 1, 1996, a violation of section 2919.23 of	574
the Revised Code that would have been a violation of section	575
2905.04 of the Revised Code as it existed prior to July 1, 1996,	576
had the violation been committed prior to that date;	577

(b) A violation of an existing or former municipal ordinance	578
or law of this state, any other state, or the United States that	579
is substantially equivalent to any of the offenses listed in	580
division (A)(5)(a) of this section.	581

(6) On receipt of a request pursuant to section 3701.881 of	582
the Revised Code with respect to an applicant for employment with	583
a home health agency in a position that involves providing direct	584
care to an older adult, a completed form prescribed pursuant to	585
division (C)(1) of this section, and a set of fingerprint	586
impressions obtained in the manner described in division (C)(2) of	587
this section, the superintendent of the bureau of criminal	588
identification and investigation shall conduct a criminal records	589
check. The superintendent shall conduct the criminal records check	590
in the manner described in division (B) of this section to	591
determine whether any information exists that indicates that the	592
person who is the subject of the request previously has been	593
convicted of or pleaded guilty to any of the following:	594

(a) A violation of section 2903.01, 2903.02, 2903.03,	595
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	596
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	597
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	598
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	599
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	600
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	601
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	602
2925.22, 2925.23, or 3716.11 of the Revised Code;	603

(b) An existing or former law of this state, any other state,	604
or the United States that is substantially equivalent to any of	605
the offenses listed in division (A)(6)(a) of this section.	606

(7) When conducting a criminal records check upon a request	607
pursuant to section 3319.39 of the Revised Code for an applicant	608
who is a teacher, in addition to the determination made under	609
division (A)(1) of this section, the superintendent shall	610
determine whether any information exists that indicates that the	611
person who is the subject of the request previously has been	612
convicted of or pleaded guilty to any offense specified in section	613
3319.31 of the Revised Code.	614

(8) On receipt of a request pursuant to section 2151.86 of	615
the Revised Code, a completed form prescribed pursuant to division	616
(C)(1) of this section, and a set of fingerprint impressions	617
obtained in the manner described in division (C)(2) of this	618
section, the superintendent of the bureau of criminal	619
identification and investigation shall conduct a criminal records	620
check in the manner described in division (B) of this section to	621
determine whether any information exists that indicates that the	622
person who is the subject of the request previously has been	623
convicted of or pleaded guilty to any of the following:	624

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	625
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	626
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	627
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	628
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	629
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	630
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	631
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	632
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	633
of the Revised Code, a violation of section 2905.04 of the Revised	634
Code as it existed prior to July 1, 1996, a violation of section	635
2919.23 of the Revised Code that would have been a violation of	636
section 2905.04 of the Revised Code as it existed prior to July 1,	637
1996, had the violation been committed prior to that date, a	638
violation of section 2925.11 of the Revised Code that is not a	639
minor drug possession offense, two or more OVI or OVUAC violations	640
committed within the three years immediately preceding the	641
submission of the application or petition that is the basis of the	642
request, or felonious sexual penetration in violation of former	643
section 2907.12 of the Revised Code;	644

(b) A violation of an existing or former law of this state,	645
any other state, or the United States that is substantially	646
equivalent to any of the offenses listed in division (A)(8)(a) of	647
this section.	648

(9) Upon receipt of a request pursuant to section 5104.012 or	649
5104.013 of the Revised Code, a completed form prescribed pursuant	650
to division (C)(1) of this section, and a set of fingerprint	651
impressions obtained in the manner described in division (C)(2) of	652
this section, the superintendent of the bureau of criminal	653
identification and investigation shall conduct a criminal records	654
check in the manner described in division (B) of this section to	655
determine whether any information exists that indicates that the	656
person who is the subject of the request has been convicted of or	657
pleaded guilty to any of the following:	658

(a) A violation of section 2903.01, 2903.02, 2903.03,	659
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	660
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	661
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	662
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	663
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	664
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	665
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	666
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	667
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	668
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	669
3716.11 of the Revised Code, felonious sexual penetration in	670
violation of former section 2907.12 of the Revised Code, a	671
violation of section 2905.04 of the Revised Code as it existed	672
prior to July 1, 1996, a violation of section 2919.23 of the	673
Revised Code that would have been a violation of section 2905.04	674
of the Revised Code as it existed prior to July 1, 1996, had the	675
violation been committed prior to that date, a violation of	676
section 2925.11 of the Revised Code that is not a minor drug	677
possession offense, a violation of section 2923.02 or 2923.03 of	678
the Revised Code that relates to a crime specified in this	679
division, or a second violation of section 4511.19 of the Revised	680
Code within five years of the date of application for licensure or	681
certification.	682

(b) A violation of an existing or former law of this state,	683
any other state, or the United States that is substantially	684
equivalent to any of the offenses or violations described in	685
division (A)(9)(a) of this section.	686

(10) Upon receipt of a request pursuant to section 5153.111	687
of the Revised Code, a completed form prescribed pursuant to	688
division (C)(1) of this section, and a set of fingerprint	689
impressions obtained in the manner described in division (C)(2) of	690
this section, the superintendent of the bureau of criminal	691
identification and investigation shall conduct a criminal records	692
check in the manner described in division (B) of this section to	693
determine whether any information exists that indicates that the	694
person who is the subject of the request previously has been	695
convicted of or pleaded guilty to any of the following:	696

(a) A violation of section 2903.01, 2903.02, 2903.03,	697
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	698
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	699
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	700
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	701
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	702
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	703
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	704
felonious sexual penetration in violation of former section	705
2907.12 of the Revised Code, a violation of section 2905.04 of the	706
Revised Code as it existed prior to July 1, 1996, a violation of	707
section 2919.23 of the Revised Code that would have been a	708
violation of section 2905.04 of the Revised Code as it existed	709
prior to July 1, 1996, had the violation been committed prior to	710
that date, or a violation of section 2925.11 of the Revised Code	711
that is not a minor drug possession offense;	712

(b) A violation of an existing or former law of this state,	713
any other state, or the United States that is substantially	714
equivalent to any of the offenses listed in division (A)(10)(a) of	715
this section.	716

(11) On receipt of a request for a criminal records check	717
from an individual pursuant to section 4749.03 or 4749.06 of the	718
Revised Code, accompanied by a completed copy of the form	719
prescribed in division (C)(1) of this section and a set of	720
fingerprint impressions obtained in a manner described in division	721
(C)(2) of this section, the superintendent of the bureau of	722
criminal identification and investigation shall conduct a criminal	723
records check in the manner described in division (B) of this	724
section to determine whether any information exists indicating	725
that the person who is the subject of the request has been	726
convicted of or pleaded guilty to a felony in this state or in any	727
other state. If the individual indicates that a firearm will be	728
carried in the course of business, the superintendent shall	729
require information from the federal bureau of investigation as	730
described in division (B)(2) of this section. The superintendent	731
shall report the findings of the criminal records check and any	732
information the federal bureau of investigation provides to the	733
director of public safety.	734

(12) On receipt of a request pursuant to section 1321.37,	735
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	736
Code, a completed form prescribed pursuant to division (C)(1) of	737
this section, and a set of fingerprint impressions obtained in the	738
manner described in division (C)(2) of this section, the	739
superintendent of the bureau of criminal identification and	740
investigation shall conduct a criminal records check with respect	741
to any person who has applied for a license, permit, or	742
certification from the department of commerce or a division in the	743
department. The superintendent shall conduct the criminal records	744
check in the manner described in division (B) of this section to	745
determine whether any information exists that indicates that the	746
person who is the subject of the request previously has been	747
convicted of or pleaded guilty to any of the following: a	748
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or	749
2925.03 of the Revised Code; any other criminal offense involving	750
theft, receiving stolen property, embezzlement, forgery, fraud,	751
passing bad checks, money laundering, or drug trafficking, or any	752
criminal offense involving money or securities, as set forth in	753
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of	754
the Revised Code; or any existing or former law of this state, any	755
other state, or the United States that is substantially equivalent	756
to those offenses.	757

(13) On receipt of a request for a criminal records check	758
from the treasurer of state under section 113.041 of the Revised	759
Code or from an individual under section 4701.08, 4715.101,	760
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	761
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	762
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	763
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	764
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by	765
a completed form prescribed under division (C)(1) of this section	766
and a set of fingerprint impressions obtained in the manner	767
described in division (C)(2) of this section, the superintendent	768
of the bureau of criminal identification and investigation shall	769
conduct a criminal records check in the manner described in	770
division (B) of this section to determine whether any information	771
exists that indicates that the person who is the subject of the	772
request has been convicted of or pleaded guilty to any criminal	773
offense in this state or any other state. The superintendent shall	774
send the results of a check requested under section 113.041 of the	775
Revised Code to the treasurer of state and shall send the results	776
of a check requested under any of the other listed sections to the	777
licensing board specified by the individual in the request.	778

(14) On receipt of a request pursuant to section 1121.23,	779
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	780
Code, a completed form prescribed pursuant to division (C)(1) of	781
this section, and a set of fingerprint impressions obtained in the	782
manner described in division (C)(2) of this section, the	783
superintendent of the bureau of criminal identification and	784
investigation shall conduct a criminal records check in the manner	785
described in division (B) of this section to determine whether any	786
information exists that indicates that the person who is the	787
subject of the request previously has been convicted of or pleaded	788
guilty to any criminal offense under any existing or former law of	789
this state, any other state, or the United States.	790

(15) On receipt of a request for a criminal records check	791
from an appointing or licensing authority under section 3772.07 of	792
the Revised Code, a completed form prescribed under division	793
(C)(1) of this section, and a set of fingerprint impressions	794
obtained in the manner prescribed in division (C)(2) of this	795
section, the superintendent of the bureau of criminal	796
identification and investigation shall conduct a criminal records	797
check in the manner described in division (B) of this section to	798
determine whether any information exists that indicates that the	799
person who is the subject of the request previously has been	800
convicted of or pleaded guilty or no contest to any offense under	801
any existing or former law of this state, any other state, or the	802
United States that is a disqualifying offense as defined in	803
section 3772.07 of the Revised Code or substantially equivalent to	804
such an offense.	805

(16) Upon receipt of a request pursuant to section 1541.82 or	806
3313.539 of the Revised Code, a completed form prescribed pursuant	807
to division (C)(1) of this section, and a set of fingerprint	808
impressions obtained in the manner described in division (C)(2) of	809
this section, the superintendent of the bureau of criminal	810
identification and investigation shall conduct a criminal records	811
check in the manner described in division (B) of this section to	812
determine whether any information exists that indicates that the	813
person who is the subject of the request previously has been	814
convicted of or pleaded guilty to any of the following:	815

(a) Any offense of violence;

816

(b) A violation of any section of Chapter 2907. of the	817
Revised Code that is not an offense of violence;	818

(c) A violation of any existing or former law of this state,	819
any other state, or the United States that is substantially	820
equivalent to any of the offenses described in division (A)(16)(a)	821
or (b) of this section.	822

(17) Not later than thirty days after the date the	823
superintendent receives a request of a type described in division	824
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),	825
(14), or (15), or (16) of this section, the completed form, and	826
the fingerprint impressions, the superintendent shall send the	827
person, board, or entity that made the request any information,	828
other than information the dissemination of which is prohibited by	829
federal law, the superintendent determines exists with respect to	830
the person who is the subject of the request that indicates that	831
the person previously has been convicted of or pleaded guilty to	832
any offense listed or described in division (A)(1), (2), (3), (4),	833
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15), or (16)	834
of this section, as appropriate. The superintendent shall send the	835
person, board, or entity that made the request a copy of the list	836
of offenses specified in division (A)(1), (2), (3), (4), (5), (6),	837
(7), (8), (9), (10), (11), (12), (14), or (15), or (16) of this	838
section, as appropriate. If the request was made under section	839
3701.881 of the Revised Code with regard to an applicant who may	840
be both responsible for the care, custody, or control of a child	841
and involved in providing direct care to an older adult, the	842
superintendent shall provide a list of the offenses specified in	843
divisions (A)(4) and (6) of this section.	844

Not later than thirty days after the superintendent receives	845
a request for a criminal records check pursuant to section 113.041	846
of the Revised Code, the completed form, and the fingerprint	847
impressions, the superintendent shall send the treasurer of state	848
any information, other than information the dissemination of which	849
is prohibited by federal law, the superintendent determines exist	850
with respect to the person who is the subject of the request that	851
indicates that the person previously has been convicted of or	852
pleaded guilty to any criminal offense in this state or any other	853
state.	854

(B) The superintendent shall conduct any criminal records	855
check requested under section 113.041, 121.08, 173.27, 173.394,	856
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	857
1322.031, 1541.82, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	858
3313.539, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08,	859
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	860
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	861
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	862
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	863
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	864
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	865
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as	866
follows:	867

(1) The superintendent shall review or cause to be reviewed	868
any relevant information gathered and compiled by the bureau under	869
division (A) of section 109.57 of the Revised Code that relates to	870
the person who is the subject of the request, including, if the	871
criminal records check was requested under section 113.041,	872
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	873
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1541.82, 1733.47,	874
1761.26, 2151.86, 3301.32, 3301.541, 3313.539, 3319.39, 3701.881,	875
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012,	876
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	877
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code, any	878
relevant information contained in records that have been sealed	879
under section 2953.32 of the Revised Code;	880

(2) If the request received by the superintendent asks for	881
information from the federal bureau of investigation, the	882
superintendent shall request from the federal bureau of	883
investigation any information it has with respect to the person	884
who is the subject of the request, including fingerprint-based	885
checks of national crime information databases as described in 42	886
U.S.C. 671 if the request is made pursuant to section 2151.86,	887
5104.012, or 5104.013 of the Revised Code or if any other Revised	888
Code section requires fingerprint-based checks of that nature, and	889
shall review or cause to be reviewed any information the	890
superintendent receives from that bureau. If a request under	891
section 3319.39 of the Revised Code asks only for information from	892
the federal bureau of investigation, the superintendent shall not	893
conduct the review prescribed by division (B)(1) of this section.	894

(3) The superintendent or the superintendent's designee may	895
request criminal history records from other states or the federal	896
government pursuant to the national crime prevention and privacy	897
compact set forth in section 109.571 of the Revised Code.	898

(C)(1) The superintendent shall prescribe a form to obtain	899
the information necessary to conduct a criminal records check from	900
any person for whom a criminal records check is requested under	901
section 113.041 of the Revised Code or required by section 121.08,	902
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53,	903
1321.531, 1322.03, 1322.031, 1541.82, 1733.47, 1761.26, 2151.86,	904
3301.32, 3301.541, 3313.539, 3319.39, 3701.881, 3712.09, 3721.121,	905
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	906
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	907
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	908
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	909
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	910
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693,	911
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	912
Code. The form that the superintendent prescribes pursuant to this	913
division may be in a tangible format, in an electronic format, or	914
in both tangible and electronic formats.	915

(2) The superintendent shall prescribe standard impression	916
sheets to obtain the fingerprint impressions of any person for	917
whom a criminal records check is requested under section 113.041	918
of the Revised Code or required by section 121.08, 173.27,	919
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	920
1322.03, 1322.031, 1541.82, 1733.47, 1761.26, 2151.86, 3301.32,	921
3301.541, 3313.539, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07,	922
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	923
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	924
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	925
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	926
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	927
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85,	928
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	929
person for whom a records check is requested under or required by	930
any of those sections shall obtain the fingerprint impressions at	931
a county sheriff's office, municipal police department, or any	932
other entity with the ability to make fingerprint impressions on	933
the standard impression sheets prescribed by the superintendent.	934
The office, department, or entity may charge the person a	935
reasonable fee for making the impressions. The standard impression	936
sheets the superintendent prescribes pursuant to this division may	937
be in a tangible format, in an electronic format, or in both	938
tangible and electronic formats.	939

(3) Subject to division (D) of this section, the	940
superintendent shall prescribe and charge a reasonable fee for	941
providing a criminal records check requested under section	942
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	943
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1541.82, 1733.47,	944
1761.26, 2151.86, 3301.32, 3301.541, 3313.539, 3319.39, 3701.881,	945
3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121,	946
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	947
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	948
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101,	949
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	950
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	951
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the	952
Revised Code. The person making a criminal records request under	953
any of those sections shall pay the fee prescribed pursuant to	954
this division. A person making a request under section 3701.881 of	955
the Revised Code for a criminal records check for an applicant who	956
may be both responsible for the care, custody, or control of a	957
child and involved in providing direct care to an older adult	958
shall pay one fee for the request. In the case of a request under	959
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or	960
5111.032 of the Revised Code, the fee shall be paid in the manner	961
specified in that section.	962

(4) The superintendent of the bureau of criminal	963
identification and investigation may prescribe methods of	964
forwarding fingerprint impressions and information necessary to	965
conduct a criminal records check, which methods shall include, but	966
not be limited to, an electronic method.	967

(D) A determination whether any information exists that	968
indicates that a person previously has been convicted of or	969
pleaded guilty to any offense listed or described in division	970
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	971
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b),	972
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15),	973
or (16)(a), (b), or (c) of this section, or that indicates that a	974
person previously has been convicted of or pleaded guilty to any	975
criminal offense in this state or any other state regarding a	976
criminal records check of a type described in division (A)(13) of	977
this section, and that is made by the superintendent with respect	978
to information considered in a criminal records check in	979
accordance with this section is valid for the person who is the	980
subject of the criminal records check for a period of one year	981
from the date upon which the superintendent makes the	982
determination. During the period in which the determination in	983
regard to a person is valid, if another request under this section	984
is made for a criminal records check for that person, the	985
superintendent shall provide the information that is the basis for	986
the superintendent's initial determination at a lower fee than the	987
fee prescribed for the initial criminal records check.	988

(E) When the superintendent receives a request for	989
information from a registered private provider, the superintendent	990
shall proceed as if the request was received from a school	991
district board of education under section 3319.39 of the Revised	992
Code. The superintendent shall apply division (A)(7) of this	993
section to any such request for an applicant who is a teacher.	994

(F) As used in this section:

995

(1) "Criminal records check" means any criminal records check	996
conducted by the superintendent of the bureau of criminal	997
identification and investigation in accordance with division (B)	998
of this section.	999

(2) "Minor drug possession offense" has the same meaning as	1000
in section 2925.01 of the Revised Code.	1001

(3) "Older adult" means a person age sixty or older.

1002

(4) "OVI or OVUAC violation" means a violation of section	1003
4511.19 of the Revised Code or a violation of an existing or	1004
former law of this state, any other state, or the United States	1005
that is substantially equivalent to section 4511.19 of the Revised	1006
Code.	1007

(5) "Registered private provider" means a nonpublic school or	1008
entity registered with the superintendent of public instruction	1009
under section 3310.41 of the Revised Code to participate in the	1010
autism scholarship program or section 3310.58 of the Revised Code	1011
to participate in the Jon Peterson special needs scholarship	1012
program.	1013

Sec. 109.575. AtExcept as otherwise provided in section	1014
1541.82 of the Revised Code, at the time of a person's initial	1015
application to an organization or entity to be a volunteer in a	1016
position in which the person on a regular basis will have	1017
unsupervised access to a child, the organization or entity shall	1018
inform the person that, at any time, the person might be required	1019
to provide a set of impressions of the person's fingerprints and a	1020
criminal records check might be conducted with respect to the	1021
person. Not later than thirty days after the effective date of	1022
this section, each organization or entity shall notify each	1023
current volunteer who is in a position in which the person on a	1024
regular basis has unsupervised access to a child that, at any	1025
time, the volunteer might be required to provide a set of	1026
impressions of the volunteer's fingerprints and a criminal records	1027
check might be conducted with respect to the volunteer.	1028

Sec. 109.576. (A) IfExcept as otherwise provided in section	1029
1541.82 of the Revised Code, if a person has applied to an	1030
organization or entity to be a volunteer in a position in which	1031
the person on a regular basis has unsupervised access to a child,	1032
if the organization or entity subjects the person to a criminal	1033
records check, if the report of the results of the criminal	1034
records check indicates that the person has been convicted of or	1035
pleaded guilty to any of the offenses described in division (A)(1)	1036
of section 109.572 of the Revised Code, and if the organization or	1037
entity accepts the person as a volunteer in a position in which	1038
the person on a regular basis has unsupervised access to a child,	1039
the organization or entity shall notify the parent or guardian of	1040
each child for whom it provides services that the volunteer has	1041
been convicted of one or more of those offenses but that,	1042
nonetheless, the person will be serving the organization or entity	1043
in that position. The notification required by this division shall	1044
be in writing, and the organization or entity shall send the	1045
notice to the parent or guardian on the date the organization or	1046
entity commences providing services to the child or on the date	1047
the organization or entity decides to accept the person as a	1048
volunteer after receiving the report of the results of the	1049
criminal records check, whichever is later.	1050

(B) IfExcept as otherwise provided in section 1541.82 of the	1051
Revised Code, if a person is serving an organization or entity as	1052
a volunteer in a position in which the person on a regular basis	1053
has unsupervised access to a child, if the organization or entity	1054
subjects the person to a criminal records check, if the report of	1055
the results of the criminal records check indicates that the	1056
person has been convicted of or pleaded guilty to any of the	1057
offenses described in division (A)(1) of section 109.572 of the	1058
Revised Code, and if the organization or entity retains the person	1059
as a volunteer in the same position or in any other position in	1060
which the person on a regular basis has unsupervised access to a	1061
child, the organization or entity shall notify the parent or	1062
guardian of each child for whom it provides services that the	1063
volunteer has been convicted of one or more of those offenses but	1064
that, nonetheless, the person will be retained by the organization	1065
or entity in that position. The notification required by this	1066
division shall be in writing, and the organization or entity shall	1067
send the notice to the parent or guardian on the date the	1068
organization or entity commences providing services to the child	1069
or on the date the organization or entity decides to retain the	1070
person after receiving the report of the results of the criminal	1071
records check, whichever is later.	1072

(C) A notification to a parent or guardian of a child that is	1073
required by division (A) or (B) of this section shall identify by	1074
name the person who is accepted or retained as a volunteer in a	1075
position in which the person on a regular basis has unsupervised	1076
access to a child, shall state the fact that the person has been	1077
convicted of or pleaded guilty to one or more of the offenses	1078
described in division (A)(1) of section 109.572 of the Revised	1079
Code, but shall not identify the offense or offenses in question.	1080

(D) Divisions (A) to (C) of this section apply regarding any	1081
criminal records check performed by the bureau of criminal	1082
identification and investigation pursuant to section 109.57,	1083
section 109.572, or rules adopted under division (E) of section	1084
109.57 of the Revised Code, any criminal records check performed	1085
in any manner by the organization or entity or any of its officers	1086
or employees, or any criminal records check performed in any	1087
manner by any person upon the request of the organization or	1088
entity or any of its officers or employees.	1089

Sec. 109.577.  (A)(1) If an organization or entity or a	1090
recreational youth athletics organization or entity uses a	1091
volunteer in a position in which the person on a regular basis has	1092
unsupervised access to a child and if the volunteer has been	1093
subjected to a criminal records check performed by the bureau of	1094
criminal identification and investigation pursuant to section	1095
109.57, section 109.572, or rules adopted under division (E) of	1096
section 109.57 of the Revised Code, the organization or entity,	1097
and its officials and employees, are immune from civil liability	1098
that might otherwise be incurred or imposed for any death or any	1099
injury or loss to person or property that is caused by any act or	1100
omission of the volunteer and that results from or is related to	1101
the volunteer having unsupervised access to a child on a regular	1102
basis, provided that the following apply:	1103

(a) In the case of an organization or entity, the	1104
organization or entity also has not subsequent to receipt of the	1105
results of the criminal records checks acquired any reasonable	1106
basis on which to suspect the volunteer has committed an act that	1107
would be an offense described in division (A)(1) of section	1108
109.572 of the Revised Code;	1109

(b) In the case of a recreational youth athletics	1110
organization or entity, the organization or entity also has not	1111
subsequent to receipt of the results of the criminal records	1112
checks acquired any reasonable basis on which to suspect the	1113
volunteer has committed an act that would be an offense described	1114
in division (A)(16) of section 109.572 of the Revised Code. This	1115

(2) This immunity does not apply to a person,or	1116
organization, or entity that has immunity from civil liability in	1117
accordance with section 9.86, 2744.02, or 2744.03 of the Revised	1118
Code for the good faith compliance, attempted compliance, or	1119
failure to comply.	1120

(B) This section does not create a new cause of action or	1121
substantive legal right against a person, organization, or entity,	1122
or recreational youth athletics organization or entity, and does	1123
not affect any immunities from civil liability or defenses	1124
established by another section of the Revised Code or available at	1125
common law, to which a person, organization, or entity, or	1126
recreational youth athletics organization or entity, may be	1127
entitled under circumstances not covered by this section.	1128

Sec. 121.402. (A) The Ohio commission on service and	1129
volunteerism shall establish and maintain an educational program	1130
that does all of the following:	1131

(1)(A) Makes available to parents and guardians of children	1132
notice about the provisions of sections 109.574 to 109.577,	1133
section 121.401, and section 121.402, and 1541.82 of the Revised	1134
Code and information about how to keep children safe when they are	1135
under the care, custody, or control of a person other than the	1136
parent or guardian;	1137

(2)(B) Makes available to organizations and entities	1138
information regarding the best methods of screening and	1139
supervising volunteers, how to obtain a criminal records check of	1140
a volunteer, confidentiality issues relating to reports of	1141
criminal records checks, and record keeping regarding the reports;	1142

(3)(C) Makes available to volunteers information regarding	1143
the possibility of being subjected to a criminal records check and	1144
displaying appropriate behavior to minors;	1145

(4)(D) Makes available to children advice on personal safety	1146
and information on what action to take if someone takes	1147
inappropriate action towards a child.	1148

(B) The program shall begin making the materials described in	1149
this section available not later than March 22, 2002.	1150

Sec. 1541.82. (A) Each person who applies to be a volunteer	1151
coach for a recreational youth athletics organization or entity	1152
shall be the subject of a criminal records check. The	1153
administrator of the recreational youth athletics organization or	1154
entity shall request the superintendent of the bureau of criminal	1155
identification and investigation to conduct the criminal records	1156
check under division (A)(16) of section 109.572 of the Revised	1157
Code to determine whether the person has been convicted of or	1158
pleaded guilty to any of the offenses described in that division.	1159

(B)(1) Except as provided in division (B)(2) of this section,	1160
a recreational youth athletics organization or entity shall not	1161
use a person as a volunteer coach if the person has been convicted	1162
of or pleaded guilty to any of the offenses described in division	1163
(A)(16) of section 109.572 of the Revised Code.	1164

(2)(a) Subject to division (B)(2)(b) of this section, a	1165
recreational youth athletics organization or entity may use a	1166
person who has been convicted of or pleaded guilty to any of the	1167
offenses described in division (A)(16) of section 109.572 of the	1168
Revised Code as a volunteer coach if the recreational youth	1169
athletics organization or entity has reasonable cause to believe	1170
that the use of the person as a volunteer coach would not pose a	1171
threat to the safety of any child to whom the person would have	1172
unsupervised access on a regular basis as a result of the person's	1173
service as a volunteer coach.	1174

(b) If a person was imprisoned under a sentence imposed for a	1175
violation of any of the offenses described in division (A)(16) of	1176
section 109.572 of the Revised Code, a recreational youth	1177
athletics organization or entity shall not use the person as a	1178
volunteer coach prior to five years after the person's release	1179
from imprisonment for that offense. If a person was not imprisoned	1180
under a sentence imposed for a violation of any of the offenses	1181
described in division (A)(16) of section 109.572 of the Revised	1182
Code, the recreational youth athletics organization or entity	1183
shall not use the person as a volunteer coach prior to five years	1184
after the date on which the court imposed the sentence on the	1185
person for that violation.	1186

Sec. 3313.539. (A) Each organization or association that	1187
regulates interscholastic athletics among public or nonpublic	1188
schools in the state shall require each individual who applies for	1189
issuance or renewal of a permit to officiate interscholastic	1190
athletic games and contests to undergo a criminal records check.	1191
The organization or association shall request the superintendent	1192
of the bureau of criminal identification and investigation to	1193
conduct the criminal records check under division (A)(16) of	1194
section 109.572 of the Revised Code to determine whether that	1195
individual has been convicted of or pleaded guilty to any of the	1196
offenses listed or described in that division.	1197

(B)(1) Except as provided in division (B)(2) of this section,	1198
the organization or association shall not issue or renew a permit	1199
for any individual who has been convicted of or pleaded guilty to	1200
any of the offenses listed or described in division (A)(16) of	1201
section 109.572 of the Revised Code.	1202

(2)(a) Subject to division (B)(2)(b) of this section, an	1203
organization or association may use an individual who has been	1204
convicted of or pleaded guilty to any of the offenses described in	1205
division (A)(16) of section 109.572 of the Revised Code to	1206
officiate interscholastic athletic games and contests if the	1207
organization or association has reasonable cause to believe that	1208
the use of the individual to officiate interscholastic athletic	1209
games and contests would not pose a threat to the safety of any	1210
child to whom the individual would have access as a result of the	1211
individual's service.	1212

(b) If an individual was imprisoned under a sentence imposed	1213
for a violation of any of the offenses described in division	1214
(A)(16) of section 109.572 of the Revised Code, an organization or	1215
association shall not use the individual to officiate	1216
interscholastic athletic games and contests prior to five years	1217
after the person's release from imprisonment for that offense. If	1218
a person was not imprisoned under a sentence imposed for a	1219
violation of any of the offenses described in division (A)(16) of	1220
section 109.572 of the Revised Code, the organization or	1221
association shall not use the person to officiate interscholastic	1222
athletic games and contests prior to five years after the date on	1223
which the court imposed the sentence on the individual for that	1224
violation.	1225

Section 2. That existing sections 109.57, 109.572, 109.575,	1226
109.576, 109.577, and 121.402 of the Revised Code are hereby	1227
repealed.	1228