Bill Text: OH HB130 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 130 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Regarding the period of limitations for trafficking in persons prosecutions, elements of the offense of promoting prostitution, and inclusion of human trafficking content in school safety and violence prevention training that were made in Am. Sub. H.B. 59 of the 130th General Assembly; to prohibit certain advertising related to massage, massage techniques or methods, or related services with the suggestion or promise of sexual activity; and to declare an emergency.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-06-20 - Effective Date [HB130 Detail]

Download: Ohio-2013-HB130-Engrossed.html

As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 130

Representative Fedor

Cosponsors: Representatives Antonio, Ashford, Barborak, Barnes, Bishoff, Boose, Boyce, Boyd, Brown, Buchy, Budish, Carney, Celebrezze, Cera, Clyde, Curtin, Derickson, Dovilla, Driehaus, Foley, Gerberry, Green, Hagan, R., Hall, Heard, Henne, Letson, Lundy, Maag, Mallory, Milkovich, O'Brien, Patmon, Patterson, Pelanda, Phillips, Pillich, Ramos, Redfern, Reece, Rogers, Schuring, Slesnick, Stautberg, Stebelton, Stinziano, Strahorn, Sykes, Szollosi, Terhar, Williams, Winburn, Butler, Amstutz, Anielski, Baker, Beck, Blair, Blessing, Brenner, Burkley, Conditt, Damschroder, DeVitis, Duffey, Grossman, Hackett, Hagan, C., Hayes, Hill, Hottinger, Huffman, Johnson, Landis, Lynch, McClain, McGregor, Roegner, Romanchuk, Ruhl, Scherer, Sears, Sheehy, Slaby, Sprague, Thompson Speaker Batchelder
Senators Kearney, LaRose, Lehner, Obhof, Bacon, Balderson, Beagle, Brown, Burke, Cafaro, Coley, Eklund, Faber, Gardner, Gentile, Hite, Hughes, Jones, Jordan, Manning, Oelslager, Patton, Peterson, Sawyer, Schaffer, Schiavoni, Seitz, Smith, Tavares, Turner, Widener

A BILL

To amend sections 109.54, 2151.414, 2151.419,

2901.13, 2905.32, 2907.22, 2907.24, 2929.01,

2937.11, 2950.01, 2951.041, and 3319.073 and to

enact sections 149.435, 2907.19, and 2927.17 of

the Revised Code to authorize a judge or

magistrate to order the testimony of a minor

victim of trafficking in persons to be taken by

closed circuit television equipment under certain

circumstances; to generally prohibit the

disclosure of names or other information in a

routine police report that is highly likely to

identify an alleged delinquent child arrestee who

is abused and under 18; to specify that a public

children services agency or private child

placement agency is not required to make

reasonable efforts to prevent the removal of a

child from the child's home, eliminate the

continued removal of a child from the child's

home, or return a child to the child's home and

that a court find that a child cannot be placed

with either parent under specified circumstances;

to enact the offense of commercial sexual

exploitation of a minor; to remove the element of

"compulsion" from the offense of trafficking in

persons when a minor under 16 years of age or

developmentally disabled person or in certain

circumstances a minor who is 16 or 17 years of age

is recruited or otherwise obtained or held to

engage in certain specified sexual, nudity, or

obscenity related activities and to modify the

definition of human trafficking in a similar

manner; to increase the penalty for soliciting

when the person solicited is a minor or a

developmentally disabled person in specified

circumstances; to require offenders convicted of

solicitation when the person solicited is a minor

or a developmentally disabled person in specified

circumstances to register as sex offenders; to

allow a victim of trafficking in persons to be

eligible for intervention in lieu of conviction;

to confirm and continue the amendments to sections

2901.13, 2907.22, and 3319.073 of the Revised Code

regarding the period of limitations for

trafficking in persons prosecutions, elements of

the offense of promoting prostitution, and

inclusion of human trafficking content in school

safety and violence prevention training that were

made in Am. Sub. H.B. 59 of the 130th General

Assembly; to prohibit certain advertising related

to massage, massage techniques or methods, or

related services with the suggestion or promise of

sexual activity; and to declare an emergency.

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

Section 1. That sections 109.54, 2151.414, 2151.419, 2901.13,	53
2905.32, 2907.22, 2907.24, 2929.01, 2937.11, 2950.01, 2951.041,	54
and 3319.073 be amended and sections 149.435, 2907.19, and 2927.17	55
of the Revised Code be enacted to read as follows:	56

Sec. 109.54. (A) The bureau of criminal identification and	57
investigation may investigate any criminal activity in this state	58
that is of statewide or intercounty concern when requested by	59
local authorities and may aid federal authorities, when requested,	60
in their investigation of any criminal activity in this state. The	61
bureau may investigate any criminal activity in this state related	62
to the conduct of elections when requested by the secretary of	63
state. The bureau may investigate any criminal activity in this	64
state involving drug abuse or illegal drug distribution prohibited	65
under Chapter 3719. or 4729. of the Revised Code or any violation	66
of section 2915.02 of the Revised Code. The superintendent and any	67
agent of the bureau may participate, as the director of an	68
organized crime task force established under section 177.02 of the	69
Revised Code or as a member of the investigatory staff of a task	70
force established under that section, in an investigation of	71
organized criminal activity anywhere within this state under	72
sections 177.01 to 177.03 of the Revised Code.	73

(B) The bureau may provide any trained investigative	74
personnel and specialized equipment that are requested by any	75
sheriff or chief of police, by the authorized designee of any	76
sheriff or chief of police, or by any other authorized law	77
enforcement officer to aid and assist the officer in the	78
investigation and solution of any crime or the control of any	79
criminal activity occurring within the officer's jurisdiction.	80
This assistance shall be furnished by the bureau without	81
disturbing or impairing any of the existing law enforcement	82
authority or the prerogatives of local law enforcement authorities	83
or officers. Investigators provided pursuant to this section, or	84
engaged in an investigation pursuant to section 109.83 of the	85
Revised Code, may go armed in the same manner as sheriffs and	86
regularly appointed police officers under section 2923.12 of the	87
Revised Code.	88

(C)(1) The bureau shall obtain recording equipment that can	89
be used to record depositions of the type described in division	90
(A) of section 2152.81 and division (A) of section 2945.481 of the	91
Revised Code, or testimony of the type described in division (D)	92
of section 2152.81 and division (D) of section 2945.481 or in	93
division (C) of section 2937.11 of the Revised Code, shall obtain	94
closed circuit equipment that can be used to televise testimony of	95
the type described in division (C) or (D) of section 2152.81 and	96
division (C) of section 2945.481 or in division (B) of section	97
2937.11 of the Revised Code, and shall provide the equipment, upon	98
request, to any court for use in recording any deposition or	99
testimony of one of those types or in televising the testimony in	100
accordance with the applicable division.	101

(2) The bureau shall obtain the names, addresses, and	102
telephone numbers of persons who are experienced in questioning	103
children in relation to an investigation of a violation of section	104
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	105
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,	106
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an	107
offense of violence and shall maintain a list of those names,	108
addresses, and telephone numbers. The list shall include a	109
classification of the names, addresses, and telephone numbers by	110
appellate district. Upon request, the bureau shall provide any	111
county sheriff, chief of police, prosecuting attorney, village	112
solicitor, city director of law, or similar chief legal officer	113
with the name, address, and telephone number of any person	114
contained in the list.	115

Sec. 149.435. (A) As used in this section:

116

(1) "Abused child" has the same meaning as in section	117
2151.031 of the Revised Code.	118

(2) "Confidential law enforcement investigatory record" has	119
the same meaning as in section 149.43 of the Revised Code.	120

(3) "Law enforcement agency" means a municipal or township	121
police department, the office of a sheriff, the state highway	122
patrol, federal law enforcement, a county prosecuting attorney,	123
the office of the United States attorney, or a state or local	124
governmental body that enforces criminal laws and that has	125
employees who have a statutory power of arrest.	126

(4) "Prosecutor" has the same meaning as in section 2935.01	127
of the Revised Code.	128

(5) "Routine factual report" means a police blotter, arrest	129
log, incident report, or other record of events maintained in	130
paper, electronic, or other form by a law enforcement agency,	131
other than a confidential law enforcement investigatory record.	132

(B)(1) Except as provided in division (C) of this section, a	133
law enforcement agency or employee of a law enforcement agency	134
shall not disclose a name or other information contained in a	135
routine factual report that is highly likely to identify an	136
alleged delinquent child or arrestee who is also an abused child	137
and who is under eighteen years of age at the time the report is	138
created. If the agency or employee does not know whether the	139
alleged delinquent child or arrestee is an abused child, the	140
agency or employee shall attempt to determine whether or not the	141
alleged delinquent child or arrestee is an abused child and shall	142
not disclose the name or other information before making the	143
determination.	144

(2) No person to whom information described in division	145
(B)(1) of this section is disclosed, and no employer of that	146
person, shall further disclose that information except as provided	147
in division (C) of this section.	148

(C) This section does not prohibit the disclosure of	149
information described in division (B) of this section to any of	150
the following:	151

(1) An employee of a law enforcement agency or a prosecutor	152
for the purpose of investigating or prosecuting a crime or	153
delinquent act;	154

(2) An employee of the department of youth services, a	155
probation officer, a juvenile court judge, or an employee of a	156
public children services agency or a county department of job and	157
family services who is supervising the alleged delinquent child or	158
arrestee who is also an abused child and who is under eighteen	159
years of age;	160

(3) An employee of a law enforcement agency for use in the	161
employee's defense of a civil or administrative action arising out	162
of the employee's involvement in the case that gave rise to the	163
civil or administrative action;	164

(4) An employee of the attorney general's office responsible	165
for administering awards of reparations under section 2743.191 of	166
the Revised Code;	167

(5) A parent, guardian, or custodian of the alleged	168
delinquent child or arrestee who is also an abused child and who	169
is under eighteen years of age or an attorney for such a parent,	170
guardian, or custodian;	171

(6) Any other person pursuant to a court order.

172

Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant	173
to section 2151.413 of the Revised Code for permanent custody of a	174
child, the court shall schedule a hearing and give notice of the	175
filing of the motion and of the hearing, in accordance with	176
section 2151.29 of the Revised Code, to all parties to the action	177
and to the child's guardian ad litem. The notice also shall	178
contain a full explanation that the granting of permanent custody	179
permanently divests the parents of their parental rights, a full	180
explanation of their right to be represented by counsel and to	181
have counsel appointed pursuant to Chapter 120. of the Revised	182
Code if they are indigent, and the name and telephone number of	183
the court employee designated by the court pursuant to section	184
2151.314 of the Revised Code to arrange for the prompt appointment	185
of counsel for indigent persons.	186

The court shall conduct a hearing in accordance with section	187
2151.35 of the Revised Code to determine if it is in the best	188
interest of the child to permanently terminate parental rights and	189
grant permanent custody to the agency that filed the motion. The	190
adjudication that the child is an abused, neglected, or dependent	191
child and any dispositional order that has been issued in the case	192
under section 2151.353 of the Revised Code pursuant to the	193
adjudication shall not be readjudicated at the hearing and shall	194
not be affected by a denial of the motion for permanent custody.	195

(2) The court shall hold the hearing scheduled pursuant to	196
division (A)(1) of this section not later than one hundred twenty	197
days after the agency files the motion for permanent custody,	198
except that, for good cause shown, the court may continue the	199
hearing for a reasonable period of time beyond the	200
one-hundred-twenty-day deadline. The court shall issue an order	201
that grants, denies, or otherwise disposes of the motion for	202
permanent custody, and journalize the order, not later than two	203
hundred days after the agency files the motion.	204

If a motion is made under division (D)(2) of section 2151.413	205
of the Revised Code and no dispositional hearing has been held in	206
the case, the court may hear the motion in the dispositional	207
hearing required by division (B) of section 2151.35 of the Revised	208
Code. If the court issues an order pursuant to section 2151.353 of	209
the Revised Code granting permanent custody of the child to the	210
agency, the court shall immediately dismiss the motion made under	211
division (D)(2) of section 2151.413 of the Revised Code.	212

The failure of the court to comply with the time periods set	213
forth in division (A)(2) of this section does not affect the	214
authority of the court to issue any order under this chapter and	215
does not provide any basis for attacking the jurisdiction of the	216
court or the validity of any order of the court.	217

(B)(1) Except as provided in division (B)(2) of this section,	218
the court may grant permanent custody of a child to a movant if	219
the court determines at the hearing held pursuant to division (A)	220
of this section, by clear and convincing evidence, that it is in	221
the best interest of the child to grant permanent custody of the	222
child to the agency that filed the motion for permanent custody	223
and that any of the following apply:	224

(a) The child is not abandoned or orphaned, has not been in	225
the temporary custody of one or more public children services	226
agencies or private child placing agencies for twelve or more	227
months of a consecutive twenty-two-month period, or has not been	228
in the temporary custody of one or more public children services	229
agencies or private child placing agencies for twelve or more	230
months of a consecutive twenty-two-month period if, as described	231
in division (D)(1) of section 2151.413 of the Revised Code, the	232
child was previously in the temporary custody of an equivalent	233
agency in another state, and the child cannot be placed with	234
either of the child's parents within a reasonable time or should	235
not be placed with the child's parents.	236

(b) The child is abandoned.

237

(c) The child is orphaned, and there are no relatives of the	238
child who are able to take permanent custody.	239

(d) The child has been in the temporary custody of one or	240
more public children services agencies or private child placing	241
agencies for twelve or more months of a consecutive	242
twenty-two-month period, or the child has been in the temporary	243
custody of one or more public children services agencies or	244
private child placing agencies for twelve or more months of a	245
consecutive twenty-two-month period and, as described in division	246
(D)(1) of section 2151.413 of the Revised Code, the child was	247
previously in the temporary custody of an equivalent agency in	248
another state.	249

For the purposes of division (B)(1) of this section, a child	250
shall be considered to have entered the temporary custody of an	251
agency on the earlier of the date the child is adjudicated	252
pursuant to section 2151.28 of the Revised Code or the date that	253
is sixty days after the removal of the child from home.	254

(2) With respect to a motion made pursuant to division (D)(2)	255
of section 2151.413 of the Revised Code, the court shall grant	256
permanent custody of the child to the movant if the court	257
determines in accordance with division (E) of this section that	258
the child cannot be placed with one of the child's parents within	259
a reasonable time or should not be placed with either parent and	260
determines in accordance with division (D) of this section that	261
permanent custody is in the child's best interest.	262

(C) In making the determinations required by this section or	263
division (A)(4) of section 2151.353 of the Revised Code, a court	264
shall not consider the effect the granting of permanent custody to	265
the agency would have upon any parent of the child. A written	266
report of the guardian ad litem of the child shall be submitted to	267
the court prior to or at the time of the hearing held pursuant to	268
division (A) of this section or section 2151.35 of the Revised	269
Code but shall not be submitted under oath.	270

If the court grants permanent custody of a child to a movant	271
under this division, the court, upon the request of any party,	272
shall file a written opinion setting forth its findings of fact	273
and conclusions of law in relation to the proceeding. The court	274
shall not deny an agency's motion for permanent custody solely	275
because the agency failed to implement any particular aspect of	276
the child's case plan.	277

(D)(1) In determining the best interest of a child at a	278
hearing held pursuant to division (A) of this section or for the	279
purposes of division (A)(4) or (5) of section 2151.353 or division	280
(C) of section 2151.415 of the Revised Code, the court shall	281
consider all relevant factors, including, but not limited to, the	282
following:	283

(a) The interaction and interrelationship of the child with	284
the child's parents, siblings, relatives, foster caregivers and	285
out-of-home providers, and any other person who may significantly	286
affect the child;	287

(b) The wishes of the child, as expressed directly by the	288
child or through the child's guardian ad litem, with due regard	289
for the maturity of the child;	290

(c) The custodial history of the child, including whether the	291
child has been in the temporary custody of one or more public	292
children services agencies or private child placing agencies for	293
twelve or more months of a consecutive twenty-two-month period, or	294
the child has been in the temporary custody of one or more public	295
children services agencies or private child placing agencies for	296
twelve or more months of a consecutive twenty-two-month period	297
and, as described in division (D)(1) of section 2151.413 of the	298
Revised Code, the child was previously in the temporary custody of	299
an equivalent agency in another state;	300

(d) The child's need for a legally secure permanent placement	301
and whether that type of placement can be achieved without a grant	302
of permanent custody to the agency;	303

(e) Whether any of the factors in divisions (E)(7) to (11) of	304
this section apply in relation to the parents and child.	305

For the purposes of division (D)(1) of this section, a child	306
shall be considered to have entered the temporary custody of an	307
agency on the earlier of the date the child is adjudicated	308
pursuant to section 2151.28 of the Revised Code or the date that	309
is sixty days after the removal of the child from home.	310

(2) If all of the following apply, permanent custody is in	311
the best interest of the child, and the court shall commit the	312
child to the permanent custody of a public children services	313
agency or private child placing agency:	314

(a) The court determines by clear and convincing evidence	315
that one or more of the factors in division (E) of this section	316
exist and the child cannot be placed with one of the child's	317
parents within a reasonable time or should not be placed with	318
either parent.	319

(b) The child has been in an agency's custody for two years	320
or longer, and no longer qualifies for temporary custody pursuant	321
to division (D) of section 2151.415 of the Revised Code.	322

(c) The child does not meet the requirements for a planned	323
permanent living arrangement pursuant to division (A)(5) of	324
section 2151.353 of the Revised Code.	325

(d) Prior to the dispositional hearing, no relative or other	326
interested person has filed, or has been identified in, a motion	327
for legal custody of the child.	328

(E) In determining at a hearing held pursuant to division (A)	329
of this section or for the purposes of division (A)(4) of section	330
2151.353 of the Revised Code whether a child cannot be placed with	331
either parent within a reasonable period of time or should not be	332
placed with the parents, the court shall consider all relevant	333
evidence. If the court determines, by clear and convincing	334
evidence, at a hearing held pursuant to division (A) of this	335
section or for the purposes of division (A)(4) of section 2151.353	336
of the Revised Code that one or more of the following exist as to	337
each of the child's parents, the court shall enter a finding that	338
the child cannot be placed with either parent within a reasonable	339
time or should not be placed with either parent:	340

(1) Following the placement of the child outside the child's	341
home and notwithstanding reasonable case planning and diligent	342
efforts by the agency to assist the parents to remedy the problems	343
that initially caused the child to be placed outside the home, the	344
parent has failed continuously and repeatedly to substantially	345
remedy the conditions causing the child to be placed outside the	346
child's home. In determining whether the parents have	347
substantially remedied those conditions, the court shall consider	348
parental utilization of medical, psychiatric, psychological, and	349
other social and rehabilitative services and material resources	350
that were made available to the parents for the purpose of	351
changing parental conduct to allow them to resume and maintain	352
parental duties.	353

(2) Chronic mental illness, chronic emotional illness, mental	354
retardation, physical disability, or chemical dependency of the	355
parent that is so severe that it makes the parent unable to	356
provide an adequate permanent home for the child at the present	357
time and, as anticipated, within one year after the court holds	358
the hearing pursuant to division (A) of this section or for the	359
purposes of division (A)(4) of section 2151.353 of the Revised	360
Code;	361

(3) The parent committed any abuse as described in section	362
2151.031 of the Revised Code against the child, caused the child	363
to suffer any neglect as described in section 2151.03 of the	364
Revised Code, or allowed the child to suffer any neglect as	365
described in section 2151.03 of the Revised Code between the date	366
that the original complaint alleging abuse or neglect was filed	367
and the date of the filing of the motion for permanent custody;	368

(4) The parent has demonstrated a lack of commitment toward	369
the child by failing to regularly support, visit, or communicate	370
with the child when able to do so, or by other actions showing an	371
unwillingness to provide an adequate permanent home for the child;	372

(5) The parent is incarcerated for an offense committed	373
against the child or a sibling of the child;	374

(6) The parent has been convicted of or pleaded guilty to an	375
offense under division (A) or (C) of section 2919.22 or under	376
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	377
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, ~~2907.21,~~	378
~~2907.22,~~ 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	379
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	380
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	381
Revised Code, and the child or a sibling of the child was a victim	382
of the offense, or the parent has been convicted of or pleaded	383
guilty to an offense under section 2903.04 of the Revised Code, a	384
sibling of the child was the victim of the offense, and the parent	385
who committed the offense poses an ongoing danger to the child or	386
a sibling of the child.	387

(7) The parent has been convicted of or pleaded guilty to one	388
of the following:	389

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	390
the Revised Code or under an existing or former law of this state,	391
any other state, or the United States that is substantially	392
equivalent to an offense described in those sections and the	393
victim of the offense was a sibling of the child or the victim was	394
another child who lived in the parent's household at the time of	395
the offense;	396

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	397
the Revised Code or under an existing or former law of this state,	398
any other state, or the United States that is substantially	399
equivalent to an offense described in those sections and the	400
victim of the offense is the child, a sibling of the child, or	401
another child who lived in the parent's household at the time of	402
the offense;	403

(c) An offense under division (B)(2) of section 2919.22 of	404
the Revised Code or under an existing or former law of this state,	405
any other state, or the United States that is substantially	406
equivalent to the offense described in that section and the child,	407
a sibling of the child, or another child who lived in the parent's	408
household at the time of the offense is the victim of the offense;	409

(d) An offense under section 2907.02, 2907.03, 2907.04,	410
2907.05, or 2907.06 of the Revised Code or under an existing or	411
former law of this state, any other state, or the United States	412
that is substantially equivalent to an offense described in those	413
sections and the victim of the offense is the child, a sibling of	414
the child, or another child who lived in the parent's household at	415
the time of the offense;	416

(e) An offense under section 2905.32, 2907.21, or 2907.22 of	417
the Revised Code or under an existing or former law of this state,	418
any other state, or the United States that is substantially	419
equivalent to the offense described in that section and the victim	420
of the offense is the child, a sibling of the child, or another	421
child who lived in the parent's household at the time of the	422
offense;	423

(f) A conspiracy or attempt to commit, or complicity in	424
committing, an offense described in division (E)(7)(a) or, (d), or	425
(e) of this section.	426

(8) The parent has repeatedly withheld medical treatment or	427
food from the child when the parent has the means to provide the	428
treatment or food, and, in the case of withheld medical treatment,	429
the parent withheld it for a purpose other than to treat the	430
physical or mental illness or defect of the child by spiritual	431
means through prayer alone in accordance with the tenets of a	432
recognized religious body.	433

(9) The parent has placed the child at substantial risk of	434
harm two or more times due to alcohol or drug abuse and has	435
rejected treatment two or more times or refused to participate in	436
further treatment two or more times after a case plan issued	437
pursuant to section 2151.412 of the Revised Code requiring	438
treatment of the parent was journalized as part of a dispositional	439
order issued with respect to the child or an order was issued by	440
any other court requiring treatment of the parent.	441

(10) The parent has abandoned the child.

442

(11) The parent has had parental rights involuntarily	443
terminated with respect to a sibling of the child pursuant to this	444
section or section 2151.353 or 2151.415 of the Revised Code, or	445
under an existing or former law of this state, any other state, or	446
the United States that is substantially equivalent to those	447
sections, and the parent has failed to provide clear and	448
convincing evidence to prove that, notwithstanding the prior	449
termination, the parent can provide a legally secure permanent	450
placement and adequate care for the health, welfare, and safety of	451
the child.	452

(12) The parent is incarcerated at the time of the filing of	453
the motion for permanent custody or the dispositional hearing of	454
the child and will not be available to care for the child for at	455
least eighteen months after the filing of the motion for permanent	456
custody or the dispositional hearing.	457

(13) The parent is repeatedly incarcerated, and the repeated	458
incarceration prevents the parent from providing care for the	459
child.	460

(14) The parent for any reason is unwilling to provide food,	461
clothing, shelter, and other basic necessities for the child or to	462
prevent the child from suffering physical, emotional, or sexual	463
abuse or physical, emotional, or mental neglect.	464

(15) The parent has committed abuse as described in section	465
2151.031 of the Revised Code against the child or caused or	466
allowed the child to suffer neglect as described in section	467
2151.03 of the Revised Code, and the court determines that the	468
seriousness, nature, or likelihood of recurrence of the abuse or	469
neglect makes the child's placement with the child's parent a	470
threat to the child's safety.	471

(16) Any other factor the court considers relevant.

472

(F) The parents of a child for whom the court has issued an	473
order granting permanent custody pursuant to this section, upon	474
the issuance of the order, cease to be parties to the action. This	475
division is not intended to eliminate or restrict any right of the	476
parents to appeal the granting of permanent custody of their child	477
to a movant pursuant to this section.	478

Sec. 2151.419. (A)(1) Except as provided in division (A)(2)	479
of this section, at any hearing held pursuant to section 2151.28,	480
division (E) of section 2151.31, or section 2151.314, 2151.33, or	481
2151.353 of the Revised Code at which the court removes a child	482
from the child's home or continues the removal of a child from the	483
child's home, the court shall determine whether the public	484
children services agency or private child placing agency that	485
filed the complaint in the case, removed the child from home, has	486
custody of the child, or will be given custody of the child has	487
made reasonable efforts to prevent the removal of the child from	488
the child's home, to eliminate the continued removal of the child	489
from the child's home, or to make it possible for the child to	490
return safely home. The agency shall have the burden of proving	491
that it has made those reasonable efforts. If the agency removed	492
the child from home during an emergency in which the child could	493
not safely remain at home and the agency did not have prior	494
contact with the child, the court is not prohibited, solely	495
because the agency did not make reasonable efforts during the	496
emergency to prevent the removal of the child, from determining	497
that the agency made those reasonable efforts. In determining	498
whether reasonable efforts were made, the child's health and	499
safety shall be paramount.	500

(2) If any of the following apply, the court shall make a	501
determination that the agency is not required to make reasonable	502
efforts to prevent the removal of the child from the child's home,	503
eliminate the continued removal of the child from the child's	504
home, and return the child to the child's home:	505

(a) The parent from whom the child was removed has been	506
convicted of or pleaded guilty to one of the following:	507

(i) An offense under section 2903.01, 2903.02, or 2903.03 of	508
the Revised Code or under an existing or former law of this state,	509
any other state, or the United States that is substantially	510
equivalent to an offense described in those sections and the	511
victim of the offense was a sibling of the child or the victim was	512
another child who lived in the parent's household at the time of	513
the offense;	514

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of	515
the Revised Code or under an existing or former law of this state,	516
any other state, or the United States that is substantially	517
equivalent to an offense described in those sections and the	518
victim of the offense is the child, a sibling of the child, or	519
another child who lived in the parent's household at the time of	520
the offense;	521

(iii) An offense under division (B)(2) of section 2919.22 of	522
the Revised Code or under an existing or former law of this state,	523
any other state, or the United States that is substantially	524
equivalent to the offense described in that section and the child,	525
a sibling of the child, or another child who lived in the parent's	526
household at the time of the offense is the victim of the offense;	527

(iv) An offense under section 2907.02, 2907.03, 2907.04,	528
2907.05, or 2907.06 of the Revised Code or under an existing or	529
former law of this state, any other state, or the United States	530
that is substantially equivalent to an offense described in those	531
sections and the victim of the offense is the child, a sibling of	532
the child, or another child who lived in the parent's household at	533
the time of the offense;	534

(v) An offense under section 2905.32, 2907.21, or 2907.22 of	535
the Revised Code or under an existing or former law of this state,	536
any other state, or the United States that is substantially	537
equivalent to the offense described in those sections and the	538
victim of the offense is the child, a sibling of the child, or	539
another child who lived in the parent's household at the time of	540
the offense;	541

(vi) A conspiracy or attempt to commit, or complicity in	542
committing, an offense described in division (A)(2)(a)(i) or,	543
(iv), or (v) of this section.	544

(b) The parent from whom the child was removed has repeatedly	545
withheld medical treatment or food from the child when the parent	546
has the means to provide the treatment or food. If the parent has	547
withheld medical treatment in order to treat the physical or	548
mental illness or defect of the child by spiritual means through	549
prayer alone, in accordance with the tenets of a recognized	550
religious body, the court or agency shall comply with the	551
requirements of division (A)(1) of this section.	552

(c) The parent from whom the child was removed has placed the	553
child at substantial risk of harm two or more times due to alcohol	554
or drug abuse and has rejected treatment two or more times or	555
refused to participate in further treatment two or more times	556
after a case plan issued pursuant to section 2151.412 of the	557
Revised Code requiring treatment of the parent was journalized as	558
part of a dispositional order issued with respect to the child or	559
an order was issued by any other court requiring such treatment of	560
the parent.	561

(d) The parent from whom the child was removed has abandoned	562
the child.	563

(e) The parent from whom the child was removed has had	564
parental rights involuntarily terminated with respect to a sibling	565
of the child pursuant to section 2151.353, 2151.414, or 2151.415	566
of the Revised Code or under an existing or former law of this	567
state, any other state, or the United States that is substantially	568
equivalent to those sections.	569

(3) At any hearing in which the court determines whether to	570
return a child to the child's home, the court may issue an order	571
that returns the child in situations in which the conditions	572
described in divisions (A)(2)(a) to (e) of this section are	573
present.	574

(B)(1) A court that is required to make a determination as	575
described in division (A)(1) or (2) of this section shall issue	576
written findings of fact setting forth the reasons supporting its	577
determination. If the court makes a written determination under	578
division (A)(1) of this section, it shall briefly describe in the	579
findings of fact the relevant services provided by the agency to	580
the family of the child and why those services did not prevent the	581
removal of the child from the child's home or enable the child to	582
return safely home.	583

(2) If a court issues an order that returns the child to the	584
child's home in situations in which division (A)(2)(a), (b), (c),	585
(d), or (e) of this section applies, the court shall issue written	586
findings of fact setting forth the reasons supporting its	587
determination.	588

(C) If the court makes a determination pursuant to division	589
(A)(2) of this section, the court shall conduct a review hearing	590
pursuant to section 2151.417 of the Revised Code to approve a	591
permanency plan with respect to the child, unless the court issues	592
an order returning the child home pursuant to division (A)(3) of	593
this section. The hearing to approve the permanency plan may be	594
held immediately following the court's determination pursuant to	595
division (A)(2) of this section and shall be held no later than	596
thirty days following that determination.	597

Sec. 2901.13. (A)(1) Except as provided in division (A)(2)	598
or (3) of this section or as otherwise provided in this section, a	599
prosecution shall be barred unless it is commenced within the	600
following periods after an offense is committed:	601

(a) For a felony, six years;

602

(b) For a misdemeanor other than a minor misdemeanor, two	603
years;	604

605

(2) There is no period of limitation for the prosecution of a	606
violation of section 2903.01 or 2903.02 of the Revised Code.	607

(3) Except as otherwise provided in divisions (B) to (H) of	608
this section, a prosecution of any of the following offenses shall	609
be barred unless it is commenced within twenty years after the	610
offense is committed:	611

(a) A violation of section 2903.03, 2903.04, 2905.01,	612
~~2905.32,~~2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21,	613
2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,	614
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the	615
Revised Code, a violation of section 2903.11 or 2903.12 of the	616
Revised Code if the victim is a peace officer, a violation of	617
section 2903.13 of the Revised Code that is a felony, or a	618
violation of former section 2907.12 of the Revised Code;	619

(b) A conspiracy to commit, attempt to commit, or complicity	620
in committing a violation set forth in division (A)(3)(a) of this	621
section.	622

(B)(1) Except as otherwise provided in division (B)(2) of	623
this section, if the period of limitation provided in division	624
(A)(1) or (3) of this section has expired, prosecution shall be	625
commenced for an offense of which an element is fraud or breach of	626
a fiduciary duty, within one year after discovery of the offense	627
either by an aggrieved person, or by the aggrieved person's legal	628
representative who is not a party to the offense.	629

(2) If the period of limitation provided in division (A)(1)	630
or (3) of this section has expired, prosecution for a violation of	631
section 2913.49 of the Revised Code shall be commenced within five	632
years after discovery of the offense either by an aggrieved person	633
or the aggrieved person's legal representative who is not a party	634
to the offense.	635

(C)(1) If the period of limitation provided in division	636
(A)(1) or (3) of this section has expired, prosecution shall be	637
commenced for the following offenses during the following	638
specified periods of time:	639

(a) For an offense involving misconduct in office by a public	640
servant, at any time while the accused remains a public servant,	641
or within two years thereafter;	642

(b) For an offense by a person who is not a public servant	643
but whose offense is directly related to the misconduct in office	644
of a public servant, at any time while that public servant remains	645
a public servant, or within two years thereafter.	646

(2) As used in this division:

647

(a) An "offense is directly related to the misconduct in	648
office of a public servant" includes, but is not limited to, a	649
violation of section 101.71, 101.91, 121.61 or 2921.13, division	650
(F) or (H) of section 102.03, division (A) of section 2921.02,	651
division (A) or (B) of section 2921.43, or division (F) or (G) of	652
section 3517.13 of the Revised Code, that is directly related to	653
an offense involving misconduct in office of a public servant.	654

(b) "Public servant" has the same meaning as in section	655
2921.01 of the Revised Code.	656

(D) An offense is committed when every element of the offense	657
occurs. In the case of an offense of which an element is a	658
continuing course of conduct, the period of limitation does not	659
begin to run until such course of conduct or the accused's	660
accountability for it terminates, whichever occurs first.	661

(E) A prosecution is commenced on the date an indictment is	662
returned or an information filed, or on the date a lawful arrest	663
without a warrant is made, or on the date a warrant, summons,	664
citation, or other process is issued, whichever occurs first. A	665
prosecution is not commenced by the return of an indictment or the	666
filing of an information unless reasonable diligence is exercised	667
to issue and execute process on the same. A prosecution is not	668
commenced upon issuance of a warrant, summons, citation, or other	669
process, unless reasonable diligence is exercised to execute the	670
same.	671

(F) The period of limitation shall not run during any time	672
when the corpus delicti remains undiscovered.	673

(G) The period of limitation shall not run during any time	674
when the accused purposely avoids prosecution. Proof that the	675
accused departed this state or concealed the accused's identity or	676
whereabouts is prima-facie evidence of the accused's purpose to	677
avoid prosecution.	678

(H) The period of limitation shall not run during any time a	679
prosecution against the accused based on the same conduct is	680
pending in this state, even though the indictment, information, or	681
process that commenced the prosecution is quashed or the	682
proceedings on the indictment, information, or process are set	683
aside or reversed on appeal.	684

(I) The period of limitation for a violation of any provision	685
of Title XXIX of the Revised Code that involves a physical or	686
mental wound, injury, disability, or condition of a nature that	687
reasonably indicates abuse or neglect of a child under eighteen	688
years of age or of a mentally retarded, developmentally disabled,	689
or physically impaired child under twenty-one years of age shall	690
not begin to run until either of the following occurs:	691

(1) The victim of the offense reaches the age of majority.

692

(2) A public children services agency, or a municipal or	693
county peace officer that is not the parent or guardian of the	694
child, in the county in which the child resides or in which the	695
abuse or neglect is occurring or has occurred has been notified	696
that abuse or neglect is known, suspected, or believed to have	697
occurred.	698

(J) As used in this section, "peace officer" has the same	699
meaning as in section 2935.01 of the Revised Code.	700

Sec. 2905.32. (A) No person shall knowingly recruit, lure,	701
entice, isolate, harbor, transport, provide, obtain, or maintain,	702
or knowingly attempt to recruit, lure, entice, isolate, harbor,	703
transport, provide, obtain, or maintain, another person ~~knowing~~if	704
any of the following applies:	705

(1) The offender knows that the other person will be	706
subjected to involuntary servitude or be compelled to engage in	707
sexual activity for hire, engage in a performance that is obscene,	708
sexually oriented, or nudity oriented, or be a model or	709
participant in the production of material that is obscene,	710
sexually oriented, or nudity oriented.	711

(2) The other person is less than sixteen years of age or is	712
a developmentally disabled person whom the offender knows or has	713
reasonable cause to believe is a developmentally disabled person,	714
and either the offender knows that the other person will be	715
subjected to involuntary servitude or the offender's knowing	716
recruitment, luring, enticement, isolation, harboring,	717
transportation, provision, obtaining, or maintenance of the other	718
person or knowing attempt to recruit, lure, entice, isolate,	719
harbor, transport, provide, obtain, or maintain the other person	720
is for any of the following purposes:	721

(a) To engage in sexual activity for hire;

722

(b) To engage in a performance for hire that is obscene,	723
sexually oriented, or nudity oriented;	724

(c) To be a model or participant for hire in the production	725
of material that is obscene, sexually oriented, or nudity	726
oriented.	727

(3) The other person is sixteen or seventeen years of age,	728
either the offender knows that the other person will be subjected	729
to involuntary servitude or the offender's knowing recruitment,	730
luring, enticement, isolation, harboring, transportation,	731
provision, obtaining, or maintenance of the other person or	732
knowing attempt to recruit, lure, entice, isolate, harbor,	733
transport, provide, obtain, or maintain the other person is for	734
any purpose described in divisions (A)(2)(a) to (c) of this	735
section, and the circumstances described in division (A)(5), (6),	736
(7), (8), (9), (10), (11), (12), or (13) of section 2907.03 of the	737
Revised Code apply with respect to the offender and the other	738
person.	739

(B) For a prosecution under division (A)(1) of this section,	740
the element "compelled" does not require that the compulsion be	741
openly displayed or physically exerted. The element "compelled"	742
has been established if the state proves that the victim's will	743
was overcome by force, fear, duress, or intimidation, or fraud.	744

(C) In a prosecution under this section, proof that the	745
defendant engaged in sexual activity with any person, or solicited	746
sexual activity with any person, whether or not for hire, without	747
more, does not constitute a violation of this section.	748

(D) A prosecution for a violation of this section does not	749
preclude a prosecution of a violation of any other section of the	750
Revised Code. One or more acts, a series of acts, or a course of	751
behavior that can be prosecuted under this section or any other	752
section of the Revised Code may be prosecuted under this section,	753
the other section of the Revised Code, or both sections. However,	754
if an offender is convicted of or pleads guilty to a violation of	755
this section and also is convicted of or pleads guilty to a	756
violation of section 2907.21 of the Revised Code based on the same	757
conduct involving the same victim that was the basis of the	758
violation of this section, or is convicted of or pleads guilty to	759
any other violation of Chapter 2907. of the Revised Code based on	760
the same conduct involving the same victim that was the basis of	761
the violation of this section, the two offenses are allied	762
offenses of similar import under section 2941.25 of the Revised	763
Code.	764

(E) Whoever violates this section is guilty of trafficking in	765
persons, a felony of the first degree. Notwithstanding division	766
(A)(1) of section 2929.14 of the Revised Code, the court shall	767
sentence the offender to a definite prison term of ten, eleven,	768
twelve, thirteen, fourteen, or fifteen years.	769

(F) As used in this section:

770

(1) "Developmentally disabled person" means a person whose	771
ability to resist or consent to an act is substantially impaired	772
because of a mental or physical condition or because of advanced	773
age.	774

(2) "Sexual activity for hire," "performance for hire," and	775
"model or participant for hire" mean an implicit or explicit	776
agreement to provide sexual activity, engage in an obscene,	777
sexually oriented, or nudity oriented performance, or be a model	778
or participant in the production of obscene, sexually oriented, or	779
nudity oriented material, whichever is applicable, in exchange for	780
anything of value.	781

(3) "Material that is obscene, sexually oriented, or nudity	782
oriented" and "performance that is obscene, sexually oriented, or	783
nudity oriented" have the same meanings as in section 2929.01 of	784
the Revised Code.	785

Sec. 2907.19. (A) As used in this section:

786

(1) "Advertisement for sexual activity for hire" or	787
"advertisement" means any advertisement or offer in electronic or	788
print media that includes an explicit or implicit offer for sexual	789
activity for hire to occur in this state.	790

(2) "Depiction" means any photograph, film, videotape, visual	791
material, or printed material.	792

(3) "Person" has the same meaning as in section 1.59 of the	793
Revised Code.	794

(B) No person shall knowingly purchase or otherwise obtain	795
advertising space for an advertisement for sexual activity for	796
hire that includes a depiction of a minor.	797

(C) Whoever violates this section is guilty of commercial	798
sexual exploitation of a minor, a felony of the third degree.	799

(D)(1) In any prosecution under this section, it is not a	800
defense that the offender did not know the age of the person	801
depicted in the advertisement, relied on an oral or written	802
representation of the age of the person depicted in the	803
advertisement, or relied on the apparent age of the person	804
depicted in the advertisement.	805

(2) In any prosecution under this section, it is an	806
affirmative defense that the offender, prior to purchasing	807
advertising space for the advertisement, made a reasonable bona	808
fide attempt to ascertain the true age of the person depicted in	809
the advertisement by requiring the person depicted in the	810
advertisement to produce a driver's license, marriage license,	811
birth certificate, or other government issued or school issued	812
document that identifies the age of the person, provided the	813
offender retains and produces a copy or other record of the	814
driver's license, marriage license, birth certificate, or other	815
document used to ascertain the age of the person depicted in the	816
advertisement.	817

Sec. 2907.22. (A) No person shall knowingly:

818

(1) Establish, maintain, operate, manage, supervise, control,	819
or have an interest in a brothel ~~or any other enterprise a purpose~~	820
~~of which is to facilitate engagement in sexual activity for hire~~	821
or any other enterprise a purpose of which is to facilitate	822
engagement in sexual activity for hire;	823

(2) Supervise, manage, or control the activities of a	824
prostitute in engaging in sexual activity for hire;	825

(3) Transport another, or cause another to be transported	826
~~across the boundary of this state or of any county in this state~~,	827
in order to facilitate the other person's engaging in sexual	828
activity for hire;	829

(4) For the purpose of violating or facilitating a violation	830
of this section, induce or procure another to engage in sexual	831
activity for hire.	832

(B) Whoever violates this section is guilty of promoting	833
prostitution. Except as otherwise provided in this division,	834
promoting prostitution is a felony of the fourth degree. If any	835
prostitute in the brothel involved in the offense, or the	836
prostitute whose activities are supervised, managed, or controlled	837
by the offender, or the person transported, induced, or procured	838
by the offender to engage in sexual activity for hire, is a minor,	839
whether or not the offender knows the age of the minor, then	840
promoting prostitution is a felony of the third degree. If the	841
offender in any case also is convicted of or pleads guilty to a	842
specification as described in section 2941.1422 of the Revised	843
Code that was included in the indictment, count in the indictment,	844
or information charging the offense, the court shall sentence the	845
offender to a mandatory prison term as provided in division (B)(7)	846
of section 2929.14 of the Revised Code and shall order the	847
offender to make restitution as provided in division (B)(8) of	848
section 2929.18 of the Revised Code.	849

Sec. 2907.24. (A)(1) No person shall solicit another who is	850
eighteen years of age or older to engage with such other person in	851
sexual activity for hire.	852

(2) No person shall solicit another to engage with such other	853
person in sexual activity for hire if the other person is sixteen	854
or seventeen years of age and the offender knows that the other	855
person is sixteen or seventeen years of age or is reckless in that	856
regard.	857

(3) No person shall solicit another to engage with such other	858
person in sexual activity for hire if either of the following	859
applies:	860

(a) The other person is less than sixteen years of age,	861
whether or not the offender knows the age of the other person.	862

(b) The other person is a developmentally disabled person and	863
the offender knows or has reasonable cause to believe the other	864
person is a developmentally disabled person.	865

(B) No person, with knowledge that the person has tested	866
positive as a carrier of a virus that causes acquired	867
immunodeficiency syndrome, shall engage in conduct in violation of	868
division (A) of this section.	869

(C)(1) Whoever violates division (A) of this section is	870
guilty of soliciting,. A violation of division (A)(1) of this	871
section is a misdemeanor of the third degree. A violation of	872
division (A)(2) of this section is a felony of the fifth degree. A	873
violation of division (A)(3) of this section is a felony of the	874
third degree.	875

(2) Whoever violates division (B) of this section is guilty	876
of engaging in solicitation after a positive HIV test. If the	877
offender commits the violation prior to July 1, 1996, engaging in	878
solicitation after a positive HIV test is a felony of the second	879
degree. If the offender commits the violation on or after July 1,	880
1996, engaging in solicitation after a positive HIV test is a	881
felony of the third degree.	882

(D) If a person is convicted of or pleads guilty to a	883
violation of any provision of this section, an attempt to commit a	884
violation of any provision of this section, or a violation of or	885
an attempt to commit a violation of a municipal ordinance that is	886
substantially equivalent to any provision of this section and if	887
the person, in committing or attempting to commit the violation,	888
was in, was on, or used a motor vehicle, the court, in addition to	889
or independent of all other penalties imposed for the violation,	890
may impose upon the offender a class six suspension of the	891
person's driver's license, commercial driver's license, temporary	892
instruction permit, probationary license, or nonresident operating	893
privilege from the range specified in division (A)(6) of section	894
4510.02 of the Revised Code. In lieu of imposing upon the offender	895
the class six suspension, the court instead may require the	896
offender to perform community service for a number of hours	897
determined by the court.	898

(E) As used in this section:

899

(1) "Developmentally disabled person" has the same meaning as	900
in section 2905.32 of the Revised Code.	901

(2) "Sexual activity for hire" means an implicit or explicit	902
agreement to provide sexual activity in exchange for anything of	903
value.	904

Sec. 2927.17. (A) No person, by means of a statement,	905
solicitation, or offer in a print or electronic publication, sign,	906
placard, storefront display, or other medium, shall advertise	907
massage, relaxation massage, any other massage technique or	908
method, or any related service, with the suggestion or promise of	909
sexual activity.	910

(B) Whoever violates this section is guilty of unlawful	911
advertising of massage, a misdemeanor of the first degree.	912

(C) Nothing in this section prevents the legislative	913
authority of a municipal corporation or township from enacting any	914
regulation of the advertising of massage further than and in	915
addition to the provisions of divisions (A) and (B) of this	916
section.	917

(D) As used in this section, "sexual activity" has the same	918
meaning as in section 2907.01 of the Revised Code.	919

Sec. 2929.01. As used in this chapter:

920

(A)(1) "Alternative residential facility" means, subject to	921
division (A)(2) of this section, any facility other than an	922
offender's home or residence in which an offender is assigned to	923
live and that satisfies all of the following criteria:	924

(a) It provides programs through which the offender may seek	925
or maintain employment or may receive education, training,	926
treatment, or habilitation.	927

(b) It has received the appropriate license or certificate	928
for any specialized education, training, treatment, habilitation,	929
or other service that it provides from the government agency that	930
is responsible for licensing or certifying that type of education,	931
training, treatment, habilitation, or service.	932

(2) "Alternative residential facility" does not include a	933
community-based correctional facility, jail, halfway house, or	934
prison.	935

(B) "Basic probation supervision" means a requirement that	936
the offender maintain contact with a person appointed to supervise	937
the offender in accordance with sanctions imposed by the court or	938
imposed by the parole board pursuant to section 2967.28 of the	939
Revised Code. "Basic probation supervision" includes basic parole	940
supervision and basic post-release control supervision.	941

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	942
same meanings as in section 2925.01 of the Revised Code.	943

(D) "Community-based correctional facility" means a	944
community-based correctional facility and program or district	945
community-based correctional facility and program developed	946
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	947

(E) "Community control sanction" means a sanction that is not	948
a prison term and that is described in section 2929.15, 2929.16,	949
2929.17, or 2929.18 of the Revised Code or a sanction that is not	950
a jail term and that is described in section 2929.26, 2929.27, or	951
2929.28 of the Revised Code. "Community control sanction" includes	952
probation if the sentence involved was imposed for a felony that	953
was committed prior to July 1, 1996, or if the sentence involved	954
was imposed for a misdemeanor that was committed prior to January	955
1, 2004.	956

(F) "Controlled substance," "marihuana," "schedule I," and	957
"schedule II" have the same meanings as in section 3719.01 of the	958
Revised Code.	959

(G) "Curfew" means a requirement that an offender during a	960
specified period of time be at a designated place.	961

(H) "Day reporting" means a sanction pursuant to which an	962
offender is required each day to report to and leave a center or	963
other approved reporting location at specified times in order to	964
participate in work, education or training, treatment, and other	965
approved programs at the center or outside the center.	966

(I) "Deadly weapon" has the same meaning as in section	967
2923.11 of the Revised Code.	968

(J) "Drug and alcohol use monitoring" means a program under	969
which an offender agrees to submit to random chemical analysis of	970
the offender's blood, breath, or urine to determine whether the	971
offender has ingested any alcohol or other drugs.	972

(K) "Drug treatment program" means any program under which a	973
person undergoes assessment and treatment designed to reduce or	974
completely eliminate the person's physical or emotional reliance	975
upon alcohol, another drug, or alcohol and another drug and under	976
which the person may be required to receive assessment and	977
treatment on an outpatient basis or may be required to reside at a	978
facility other than the person's home or residence while	979
undergoing assessment and treatment.	980

(L) "Economic loss" means any economic detriment suffered by	981
a victim as a direct and proximate result of the commission of an	982
offense and includes any loss of income due to lost time at work	983
because of any injury caused to the victim, and any property loss,	984
medical cost, or funeral expense incurred as a result of the	985
commission of the offense. "Economic loss" does not include	986
non-economic loss or any punitive or exemplary damages.	987

(M) "Education or training" includes study at, or in	988
conjunction with a program offered by, a university, college, or	989
technical college or vocational study and also includes the	990
completion of primary school, secondary school, and literacy	991
curricula or their equivalent.	992

(N) "Firearm" has the same meaning as in section 2923.11 of	993
the Revised Code.	994

(O) "Halfway house" means a facility licensed by the division	995
of parole and community services of the department of	996
rehabilitation and correction pursuant to section 2967.14 of the	997
Revised Code as a suitable facility for the care and treatment of	998
adult offenders.	999

(P) "House arrest" means a period of confinement of an	1000
offender that is in the offender's home or in other premises	1001
specified by the sentencing court or by the parole board pursuant	1002
to section 2967.28 of the Revised Code and during which all of the	1003
following apply:	1004

(1) The offender is required to remain in the offender's home	1005
or other specified premises for the specified period of	1006
confinement, except for periods of time during which the offender	1007
is at the offender's place of employment or at other premises as	1008
authorized by the sentencing court or by the parole board.	1009

(2) The offender is required to report periodically to a	1010
person designated by the court or parole board.	1011

(3) The offender is subject to any other restrictions and	1012
requirements that may be imposed by the sentencing court or by the	1013
parole board.	1014

(Q) "Intensive probation supervision" means a requirement	1015
that an offender maintain frequent contact with a person appointed	1016
by the court, or by the parole board pursuant to section 2967.28	1017
of the Revised Code, to supervise the offender while the offender	1018
is seeking or maintaining necessary employment and participating	1019
in training, education, and treatment programs as required in the	1020
court's or parole board's order. "Intensive probation supervision"	1021
includes intensive parole supervision and intensive post-release	1022
control supervision.	1023

(R) "Jail" means a jail, workhouse, minimum security jail, or	1024
other residential facility used for the confinement of alleged or	1025
convicted offenders that is operated by a political subdivision or	1026
a combination of political subdivisions of this state.	1027

(S) "Jail term" means the term in a jail that a sentencing	1028
court imposes or is authorized to impose pursuant to section	1029
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1030
provision of the Revised Code that authorizes a term in a jail for	1031
a misdemeanor conviction.	1032

(T) "Mandatory jail term" means the term in a jail that a	1033
sentencing court is required to impose pursuant to division (G) of	1034
section 1547.99 of the Revised Code, division (E) of section	1035
2903.06 or division (D) of section 2903.08 of the Revised Code,	1036
division (E) or (G) of section 2929.24 of the Revised Code,	1037
division (B) of section 4510.14 of the Revised Code, or division	1038
(G) of section 4511.19 of the Revised Code or pursuant to any	1039
other provision of the Revised Code that requires a term in a jail	1040
for a misdemeanor conviction.	1041

(U) "Delinquent child" has the same meaning as in section	1042
2152.02 of the Revised Code.	1043

(V) "License violation report" means a report that is made by	1044
a sentencing court, or by the parole board pursuant to section	1045
2967.28 of the Revised Code, to the regulatory or licensing board	1046
or agency that issued an offender a professional license or a	1047
license or permit to do business in this state and that specifies	1048
that the offender has been convicted of or pleaded guilty to an	1049
offense that may violate the conditions under which the offender's	1050
professional license or license or permit to do business in this	1051
state was granted or an offense for which the offender's	1052
professional license or license or permit to do business in this	1053
state may be revoked or suspended.	1054

(W) "Major drug offender" means an offender who is convicted	1055
of or pleads guilty to the possession of, sale of, or offer to	1056
sell any drug, compound, mixture, preparation, or substance that	1057
consists of or contains at least one thousand grams of hashish; at	1058
least one hundred grams of cocaine; at least two thousand five	1059
hundred unit doses or two hundred fifty grams of heroin; at least	1060
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	1061
in a liquid concentrate, liquid extract, or liquid distillate	1062
form; at least fifty grams of a controlled substance analog; or at	1063
least one hundred times the amount of any other schedule I or II	1064
controlled substance other than marihuana that is necessary to	1065
commit a felony of the third degree pursuant to section 2925.03,	1066
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on	1067
the possession of, sale of, or offer to sell the controlled	1068
substance.	1069

(X) "Mandatory prison term" means any of the following:

1070

(1) Subject to division (X)(2) of this section, the term in	1071
prison that must be imposed for the offenses or circumstances set	1072
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	1073
2929.13 and division (B) of section 2929.14 of the Revised Code.	1074
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1075
and 2925.11 of the Revised Code, unless the maximum or another	1076
specific term is required under section 2929.14 or 2929.142 of the	1077
Revised Code, a mandatory prison term described in this division	1078
may be any prison term authorized for the level of offense.	1079

(2) The term of sixty or one hundred twenty days in prison	1080
that a sentencing court is required to impose for a third or	1081
fourth degree felony OVI offense pursuant to division (G)(2) of	1082
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1083
of the Revised Code or the term of one, two, three, four, or five	1084
years in prison that a sentencing court is required to impose	1085
pursuant to division (G)(2) of section 2929.13 of the Revised	1086
Code.	1087

(3) The term in prison imposed pursuant to division (A) of	1088
section 2971.03 of the Revised Code for the offenses and in the	1089
circumstances described in division (F)(11) of section 2929.13 of	1090
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	1091
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1092
2971.03 of the Revised Code and that term as modified or	1093
terminated pursuant to section 2971.05 of the Revised Code.	1094

(Y) "Monitored time" means a period of time during which an	1095
offender continues to be under the control of the sentencing court	1096
or parole board, subject to no conditions other than leading a	1097
law-abiding life.	1098

(Z) "Offender" means a person who, in this state, is	1099
convicted of or pleads guilty to a felony or a misdemeanor.	1100

(AA) "Prison" means a residential facility used for the	1101
confinement of convicted felony offenders that is under the	1102
control of the department of rehabilitation and correction but	1103
does not include a violation sanction center operated under	1104
authority of section 2967.141 of the Revised Code.	1105

(BB) "Prison term" includes either of the following sanctions	1106
for an offender:	1107

(1) A stated prison term;

1108

(2) A term in a prison shortened by, or with the approval of,	1109
the sentencing court pursuant to section 2929.143, 2929.20,	1110
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	1111

(CC) "Repeat violent offender" means a person about whom both	1112
of the following apply:	1113

(1) The person is being sentenced for committing or for	1114
complicity in committing any of the following:	1115

(a) Aggravated murder, murder, any felony of the first or	1116
second degree that is an offense of violence, or an attempt to	1117
commit any of these offenses if the attempt is a felony of the	1118
first or second degree;	1119

(b) An offense under an existing or former law of this state,	1120
another state, or the United States that is or was substantially	1121
equivalent to an offense described in division (CC)(1)(a) of this	1122
section.	1123

(2) The person previously was convicted of or pleaded guilty	1124
to an offense described in division (CC)(1)(a) or (b) of this	1125
section.	1126

(DD) "Sanction" means any penalty imposed upon an offender	1127
who is convicted of or pleads guilty to an offense, as punishment	1128
for the offense. "Sanction" includes any sanction imposed pursuant	1129
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1130
2929.28 of the Revised Code.	1131

(EE) "Sentence" means the sanction or combination of	1132
sanctions imposed by the sentencing court on an offender who is	1133
convicted of or pleads guilty to an offense.	1134

(FF) "Stated prison term" means the prison term, mandatory	1135
prison term, or combination of all prison terms and mandatory	1136
prison terms imposed by the sentencing court pursuant to section	1137
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	1138
2919.25 of the Revised Code. "Stated prison term" includes any	1139
credit received by the offender for time spent in jail awaiting	1140
trial, sentencing, or transfer to prison for the offense and any	1141
time spent under house arrest or house arrest with electronic	1142
monitoring imposed after earning credits pursuant to section	1143
2967.193 of the Revised Code. If an offender is serving a prison	1144
term as a risk reduction sentence under sections 2929.143 and	1145
5120.036 of the Revised Code, "stated prison term" includes any	1146
period of time by which the prison term imposed upon the offender	1147
is shortened by the offender's successful completion of all	1148
assessment and treatment or programming pursuant to those	1149
sections.	1150

(GG) "Victim-offender mediation" means a reconciliation or	1151
mediation program that involves an offender and the victim of the	1152
offense committed by the offender and that includes a meeting in	1153
which the offender and the victim may discuss the offense, discuss	1154
restitution, and consider other sanctions for the offense.	1155

(HH) "Fourth degree felony OVI offense" means a violation of	1156
division (A) of section 4511.19 of the Revised Code that, under	1157
division (G) of that section, is a felony of the fourth degree.	1158

(II) "Mandatory term of local incarceration" means the term	1159
of sixty or one hundred twenty days in a jail, a community-based	1160
correctional facility, a halfway house, or an alternative	1161
residential facility that a sentencing court may impose upon a	1162
person who is convicted of or pleads guilty to a fourth degree	1163
felony OVI offense pursuant to division (G)(1) of section 2929.13	1164
of the Revised Code and division (G)(1)(d) or (e) of section	1165
4511.19 of the Revised Code.	1166

(JJ) "Designated homicide, assault, or kidnapping offense,"	1167
"violent sex offense," "sexual motivation specification,"	1168
"sexually violent offense," "sexually violent predator," and	1169
"sexually violent predator specification" have the same meanings	1170
as in section 2971.01 of the Revised Code.	1171

(KK) "Sexually oriented offense," "child-victim oriented	1172
offense," and "tier III sex offender/child-victim offender" have	1173
the same meanings as in section 2950.01 of the Revised Code.	1174

(LL) An offense is "committed in the vicinity of a child" if	1175
the offender commits the offense within thirty feet of or within	1176
the same residential unit as a child who is under eighteen years	1177
of age, regardless of whether the offender knows the age of the	1178
child or whether the offender knows the offense is being committed	1179
within thirty feet of or within the same residential unit as the	1180
child and regardless of whether the child actually views the	1181
commission of the offense.	1182

(MM) "Family or household member" has the same meaning as in	1183
section 2919.25 of the Revised Code.	1184

(NN) "Motor vehicle" and "manufactured home" have the same	1185
meanings as in section 4501.01 of the Revised Code.	1186

(OO) "Detention" and "detention facility" have the same	1187
meanings as in section 2921.01 of the Revised Code.	1188

(PP) "Third degree felony OVI offense" means a violation of	1189
division (A) of section 4511.19 of the Revised Code that, under	1190
division (G) of that section, is a felony of the third degree.	1191

(QQ) "Random drug testing" has the same meaning as in section	1192
5120.63 of the Revised Code.	1193

(RR) "Felony sex offense" has the same meaning as in section	1194
2967.28 of the Revised Code.	1195

(SS) "Body armor" has the same meaning as in section	1196
2941.1411 of the Revised Code.	1197

(TT) "Electronic monitoring" means monitoring through the use	1198
of an electronic monitoring device.	1199

(UU) "Electronic monitoring device" means any of the	1200
following:	1201

(1) Any device that can be operated by electrical or battery	1202
power and that conforms with all of the following:	1203

(a) The device has a transmitter that can be attached to a	1204
person, that will transmit a specified signal to a receiver of the	1205
type described in division (UU)(1)(b) of this section if the	1206
transmitter is removed from the person, turned off, or altered in	1207
any manner without prior court approval in relation to electronic	1208
monitoring or without prior approval of the department of	1209
rehabilitation and correction in relation to the use of an	1210
electronic monitoring device for an inmate on transitional control	1211
or otherwise is tampered with, that can transmit continuously and	1212
periodically a signal to that receiver when the person is within a	1213
specified distance from the receiver, and that can transmit an	1214
appropriate signal to that receiver if the person to whom it is	1215
attached travels a specified distance from that receiver.	1216

(b) The device has a receiver that can receive continuously	1217
the signals transmitted by a transmitter of the type described in	1218
division (UU)(1)(a) of this section, can transmit continuously	1219
those signals by a wireless or landline telephone connection to a	1220
central monitoring computer of the type described in division	1221
(UU)(1)(c) of this section, and can transmit continuously an	1222
appropriate signal to that central monitoring computer if the	1223
device has been turned off or altered without prior court approval	1224
or otherwise tampered with. The device is designed specifically	1225
for use in electronic monitoring, is not a converted wireless	1226
phone or another tracking device that is clearly not designed for	1227
electronic monitoring, and provides a means of text-based or voice	1228
communication with the person.	1229

(c) The device has a central monitoring computer that can	1230
receive continuously the signals transmitted by a wireless or	1231
landline telephone connection by a receiver of the type described	1232
in division (UU)(1)(b) of this section and can monitor	1233
continuously the person to whom an electronic monitoring device of	1234
the type described in division (UU)(1)(a) of this section is	1235
attached.	1236

(2) Any device that is not a device of the type described in	1237
division (UU)(1) of this section and that conforms with all of the	1238
following:	1239

(a) The device includes a transmitter and receiver that can	1240
monitor and determine the location of a subject person at any	1241
time, or at a designated point in time, through the use of a	1242
central monitoring computer or through other electronic means.	1243

(b) The device includes a transmitter and receiver that can	1244
determine at any time, or at a designated point in time, through	1245
the use of a central monitoring computer or other electronic means	1246
the fact that the transmitter is turned off or altered in any	1247
manner without prior approval of the court in relation to the	1248
electronic monitoring or without prior approval of the department	1249
of rehabilitation and correction in relation to the use of an	1250
electronic monitoring device for an inmate on transitional control	1251
or otherwise is tampered with.	1252

(3) Any type of technology that can adequately track or	1253
determine the location of a subject person at any time and that is	1254
approved by the director of rehabilitation and correction,	1255
including, but not limited to, any satellite technology, voice	1256
tracking system, or retinal scanning system that is so approved.	1257

(VV) "Non-economic loss" means nonpecuniary harm suffered by	1258
a victim of an offense as a result of or related to the commission	1259
of the offense, including, but not limited to, pain and suffering;	1260
loss of society, consortium, companionship, care, assistance,	1261
attention, protection, advice, guidance, counsel, instruction,	1262
training, or education; mental anguish; and any other intangible	1263
loss.	1264

(WW) "Prosecutor" has the same meaning as in section 2935.01	1265
of the Revised Code.	1266

(XX) "Continuous alcohol monitoring" means the ability to	1267
automatically test and periodically transmit alcohol consumption	1268
levels and tamper attempts at least every hour, regardless of the	1269
location of the person who is being monitored.	1270

(YY) A person is "adjudicated a sexually violent predator" if	1271
the person is convicted of or pleads guilty to a violent sex	1272
offense and also is convicted of or pleads guilty to a sexually	1273
violent predator specification that was included in the	1274
indictment, count in the indictment, or information charging that	1275
violent sex offense or if the person is convicted of or pleads	1276
guilty to a designated homicide, assault, or kidnapping offense	1277
and also is convicted of or pleads guilty to both a sexual	1278
motivation specification and a sexually violent predator	1279
specification that were included in the indictment, count in the	1280
indictment, or information charging that designated homicide,	1281
assault, or kidnapping offense.	1282

(ZZ) An offense is "committed in proximity to a school" if	1283
the offender commits the offense in a school safety zone or within	1284
five hundred feet of any school building or the boundaries of any	1285
school premises, regardless of whether the offender knows the	1286
offense is being committed in a school safety zone or within five	1287
hundred feet of any school building or the boundaries of any	1288
school premises.	1289

(AAA) "Human trafficking" means a scheme or plan to which all	1290
of the following apply:	1291

(1) Its object is ~~to subject~~one or more of the following:

1292

(a) To subject a victim or victims to involuntary servitude,	1293
as defined in section 2905.31 of the Revised Code,or to compel a	1294
victim or victims to engage in sexual activity for hire, to engage	1295
in a performance that is obscene, sexually oriented, or nudity	1296
oriented, or to be a model or participant in the production of	1297
material that is obscene, sexually oriented, or nudity oriented;	1298

(b) To facilitate, encourage, or recruit a victim who is less	1299
than sixteen years of age or is a developmentally disabled person,	1300
or victims who are less than sixteen years of age or are	1301
developmentally disabled persons, for any purpose listed in	1302
divisions (A)(2)(a) to (c) of section 2905.32 of the Revised Code;	1303

(c) To facilitate, encourage, or recruit a victim who is	1304
sixteen or seventeen years of age, or victims who are sixteen or	1305
seventeen years of age, for any purpose listed in divisions	1306
(A)(2)(a) to (c) of section 2905.32 of the Revised Code, if the	1307
circumstances described in division (A)(5), (6), (7), (8), (9),	1308
(10), (11), (12), or (13) of section 2907.03 of the Revised Code	1309
apply with respect to the person engaging in the conduct and the	1310
victim or victims.	1311

(2) It involves at least two felony offenses, whether or not	1312
there has been a prior conviction for any of the felony offenses,	1313
to which all of the following apply:	1314

(a) Each of the felony offenses is a violation of section	1315
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	1316
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	1317
(4), or (5) of section 2919.22 of the Revised Code or is a	1318
violation of a law of any state other than this state that is	1319
substantially similar to any of the sections or divisions of the	1320
Revised Code identified in this division.	1321

(b) At least one of the felony offenses was committed in this	1322
state.	1323

(c) The felony offenses are related to the same scheme or	1324
plan and are not isolated instances.	1325

(BBB) "Material," "nudity," "obscene," "performance," and	1326
"sexual activity" have the same meanings as in section 2907.01 of	1327
the Revised Code.	1328

(CCC) "Material that is obscene, sexually oriented, or nudity	1329
oriented" means any material that is obscene, that shows a person	1330
participating or engaging in sexual activity, masturbation, or	1331
bestiality, or that shows a person in a state of nudity.	1332

(DDD) "Performance that is obscene, sexually oriented, or	1333
nudity oriented" means any performance that is obscene, that shows	1334
a person participating or engaging in sexual activity,	1335
masturbation, or bestiality, or that shows a person in a state of	1336
nudity.	1337

Sec. 2937.11. (A)(1) As used in divisions (B) and (C) of	1338
this section, "victim" includes any person who was a victim of a	1339
felony violation identified in division (B) of this section or a	1340
felony offense of violence or against whom was directed any	1341
conduct that constitutes, or that is an element of, a felony	1342
violation identified in division (B) of this section or a felony	1343
offense of violence.	1344

(2) As used in division (D) of this section, "victim" means	1345
any person who is less than sixteen years of age and who was a	1346
victim of a violation of section 2905.32 of the Revised Code or	1347
against whom was directed any conduct that constitutes, or is an	1348
element of, a violation of section 2905.32 of the Revised Code.	1349

(3) At the preliminary hearing set pursuant to section	1350
2937.10 of the Revised Code and the Criminal Rules, the prosecutor	1351
may state, but is not required to state, orally the case for the	1352
state and shall then proceed to examine witnesses and introduce	1353
exhibits for the state. The accused and the magistrate have full	1354
right of cross examination, and the accused has the right of	1355
inspection of exhibits prior to their introduction. The hearing	1356
shall be conducted under the rules of evidence prevailing in	1357
criminal trials generally. On motion of either the state or the	1358
accused, witnesses shall be separated and not permitted in the	1359
hearing room except when called to testify.	1360

(B) In a case involving an alleged felony violation of	1361
section 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05,	1362
2907.21, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1363
or 2919.22 of the Revised Code or an alleged felony offense of	1364
violence and in which an alleged victim of the alleged violation	1365
or offense was less than thirteen years of age when the complaint	1366
or information was filed, whichever occurred earlier, upon motion	1367
of the prosecution, the testimony of the child victim at the	1368
preliminary hearing may be taken in a room other than the room in	1369
which the preliminary hearing is being conducted and be televised,	1370
by closed circuit equipment, into the room in which the	1371
preliminary hearing is being conducted, in accordance with	1372
division (C) of section 2945.481 of the Revised Code.	1373

(C) In a case involving an alleged felony violation listed in	1374
division (B) of this section or an alleged felony offense of	1375
violence and in which an alleged victim of the alleged violation	1376
or offense was less than thirteen years of age when the complaint	1377
or information was filed, whichever occurred earlier, the court,	1378
on written motion of the prosecutor in the case filed at least	1379
three days prior to the hearing, shall order that all testimony of	1380
the child victim be recorded and preserved on videotape, in	1381
addition to being recorded for purposes of the transcript of the	1382
proceeding. If such an order is issued, it shall specifically	1383
identify the child victim concerning whose testimony it pertains,	1384
apply only during the testimony of the child victim it	1385
specifically identifies, and apply to all testimony of the child	1386
victim presented at the hearing, regardless of whether the child	1387
victim is called as a witness by the prosecution or by the	1388
defense.	1389

(D)(1)(a) In a case involving an alleged violation of section	1390
2905.32 of the Revised Code, upon motion of the prosecution, the	1391
testimony of the victim at the preliminary hearing may be taken in	1392
a place or room other than the room in which the preliminary	1393
hearing is being conducted and be televised, by closed circuit	1394
equipment, into the room in which the preliminary hearing is being	1395
conducted, to be viewed by the accused and any other persons who	1396
are not permitted in the room in which the testimony is to be	1397
taken but who would have been present during the testimony of the	1398
victim had it been given in the room in which the preliminary	1399
hearing is being conducted. Except for good cause shown, the	1400
prosecution shall file a motion under this division at least seven	1401
days before the date of the preliminary hearing.	1402

(b) Upon the motion of the prosecution filed under division	1403
(D)(1)(a) of this section and if the judge or magistrate	1404
determines that the victim is unavailable to testify in the room	1405
in which the preliminary hearing is being conducted in the	1406
physical presence of the accused for one or more of the reasons	1407
set forth in division (D)(2) of this section, the judge or	1408
magistrate may issue an order for the testimony of the victim to	1409
be taken in a place or room other than the room in which the	1410
preliminary hearing is being conducted and televised, by closed	1411
circuit equipment, into the room in which the preliminary hearing	1412
is being conducted. If a judge or magistrate issues an order of	1413
that nature, the judge or magistrate shall exclude from the room	1414
in which the testimony of the victim is to be taken every person	1415
except the following:	1416

(i) The victim giving the testimony;

1417

(ii) The judge or magistrate;

1418

(iii) One or more interpreters if needed;

1419

(iv) The attorneys for the prosecution and the defense;

1420

(v) Any person needed to operate the equipment to be used;

1421

(vi) One person chosen by the victim giving the testimony;

1422

(vii) Any person whose presence the judge or magistrate	1423
determines would contribute to the welfare and well-being of the	1424
victim giving the testimony.	1425

(c) The person chosen by the victim under division	1426
(D)(1)(b)(vi) of this section shall not be a witness in the	1427
preliminary hearing and, both before and during the testimony,	1428
shall not discuss the testimony of the victim with any other	1429
witness in the preliminary hearing.	1430

(d) The judge or magistrate, at the judge's or magistrate's	1431
discretion, may preside during the giving of the testimony by	1432
electronic means from outside the room in which it is being given,	1433
subject to the limitations set forth in this division. If the	1434
judge or magistrate presides by electronic means, the judge or	1435
magistrate shall be provided with monitors on which the judge or	1436
magistrate can see each person in the room in which the testimony	1437
is to be taken and with an electronic means of communication with	1438
each person, and each person in the room shall be provided with a	1439
monitor on which that person can see the judge or magistrate and	1440
with an electronic means of communication with the judge or	1441
magistrate. To the extent feasible, any person operating the	1442
televising equipment shall be restricted to a room adjacent to the	1443
room in which the testimony is being taken, or to a location in	1444
the room in which the testimony is being taken that is behind a	1445
screen or mirror, so that the person operating the televising	1446
equipment can see and hear, but cannot be seen or heard by, the	1447
victim giving the testimony during the testimony. The accused	1448
shall be permitted to observe and hear the testimony of the victim	1449
giving the testimony on a monitor, shall be provided with an	1450
electronic means of immediate communication with the attorney of	1451
the accused during the testimony, and shall be restricted to a	1452
location from which the accused cannot be seen or heard by the	1453
victim giving the testimony, except on a monitor provided for that	1454
purpose. The accused and the judge or magistrate have full right	1455
of cross examination, and the accused has the right of inspection	1456
of exhibits prior to their introduction. The victim giving the	1457
testimony shall be provided with a monitor on which the victim can	1458
observe the accused during the testimony.	1459

(2) For purposes of division (D)(1) of this section, a judge	1460
or magistrate may order the testimony of a victim to be taken at a	1461
place or room outside the room in which the preliminary hearing is	1462
being conducted if the judge or magistrate determines that the	1463
victim is unavailable to testify in the room in the physical	1464
presence of the accused due to one or more of the following:	1465

(a) The inability of the victim to communicate about the	1466
alleged offense because of extreme fear, severe trauma, or another	1467
similar reason;	1468

(b) The substantial likelihood that the victim will suffer	1469
serious emotional trauma from so testifying;	1470

(c) The victim is at a hospital for care and treatment for	1471
any physical, mental, or emotional injury suffered by reason of	1472
the alleged offense.	1473

Sec. 2950.01. As used in this chapter, unless the context	1474
clearly requires otherwise:	1475

(A) "Sexually oriented offense" means any of the following	1476
violations or offenses committed by a person, regardless of the	1477
person's age:	1478

(1) A violation of section 2907.02, 2907.03, 2907.05,	1479
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,	1480
2907.322, or 2907.323 of the Revised Code;	1481

(2) A violation of section 2907.04 of the Revised Code when	1482
the offender is less than four years older than the other person	1483
with whom the offender engaged in sexual conduct, the other person	1484
did not consent to the sexual conduct, and the offender previously	1485
has not been convicted of or pleaded guilty to a violation of	1486
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1487
violation of former section 2907.12 of the Revised Code;	1488

(3) A violation of section 2907.04 of the Revised Code when	1489
the offender is at least four years older than the other person	1490
with whom the offender engaged in sexual conduct or when the	1491
offender is less than four years older than the other person with	1492
whom the offender engaged in sexual conduct and the offender	1493
previously has been convicted of or pleaded guilty to a violation	1494
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1495
violation of former section 2907.12 of the Revised Code;	1496

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	1497
the Revised Code when the violation was committed with a sexual	1498
motivation;	1499

(5) A violation of division (A) of section 2903.04 of the	1500
Revised Code when the offender committed or attempted to commit	1501
the felony that is the basis of the violation with a sexual	1502
motivation;	1503

(6) A violation of division (A)(3) of section 2903.211 of the	1504
Revised Code;	1505

(7) A violation of division (A)(1), (2), (3), or (5) of	1506
section 2905.01 of the Revised Code when the offense is committed	1507
with a sexual motivation;	1508

(8) A violation of division (A)(4) of section 2905.01 of the	1509
Revised Code;	1510

(9) A violation of division (B) of section 2905.01 of the	1511
Revised Code when the victim of the offense is under eighteen	1512
years of age and the offender is not a parent of the victim of the	1513
offense;	1514

(10) A violation of division (B) of section 2903.03, of	1515
division (B) of section 2905.02, of division (B) of section	1516
2905.03, of division (B) of section 2905.05, or of division (B)(5)	1517
of section 2919.22 of the Revised Code;	1518

(11) A violation of section 2905.32 of the Revised Code when	1519
any of the following applies:	1520

(a) The violation is a violation of division (A)(1) of that	1521
section and the offender knowingly recruited, lured, enticed,	1522
isolated, harbored, transported, provided, obtained, or	1523
maintained, or knowingly attempted to recruit, lure, entice,	1524
isolate, harbor, transport, provide, obtain, or maintain, another	1525
person knowing that the person would be compelled to engage in	1526
sexual activity for hire, engage in a performance that was	1527
obscene, sexually oriented, or nudity oriented, or be a model or	1528
participant in the production of material that was obscene,	1529
sexually oriented, or nudity oriented;.	1530

(b) The violation is a violation of division (A)(2) of that	1531
section and the offender knowingly recruited, lured, enticed,	1532
isolated, harbored, transported, provided, obtained, or	1533
maintained, or knowingly attempted to recruit, lure, entice,	1534
isolate, harbor, transport, provide, obtain, or maintain a person	1535
who is less than sixteen years of age or is a developmentally	1536
disabled person whom the offender knows or has reasonable cause to	1537
believe is a developmentally disabled person for any purpose	1538
listed in divisions (A)(2)(a) to (c) of that section.	1539

(c) The violation is a violation of division (A)(3) of that	1540
section, the offender knowingly recruited, lured, enticed,	1541
isolated, harbored, transported, provided, obtained, or	1542
maintained, or knowingly attempted to recruit, lure, entice,	1543
isolate, harbor, transport, provide, obtain, or maintain a person	1544
who is sixteen or seventeen years of age for any purpose listed in	1545
divisions (A)(2)(a) to (c) of that section, and the circumstances	1546
described in division (A)(5), (6), (7), (8), (9), (10), (11),	1547
(12), or (13) of section 2907.03 of the Revised Code apply with	1548
respect to the offender and the other person.	1549

(12) A violation of any former law of this state, any	1550
existing or former municipal ordinance or law of another state or	1551
the United States, any existing or former law applicable in a	1552
military court or in an Indian tribal court, or any existing or	1553
former law of any nation other than the United States that is or	1554
was substantially equivalent to any offense listed in division	1555
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of	1556
this section;	1557

(13) A violation of division (A)(3) of section 2907.24 of the	1558
Revised Code;	1559

(14) Any attempt to commit, conspiracy to commit, or	1560
complicity in committing any offense listed in division (A)(1),	1561
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12), or	1562
(13) of this section.	1563

(B)(1) "Sex offender" means, subject to division (B)(2) of	1564
this section, a person who is convicted of, pleads guilty to, has	1565
been convicted of, has pleaded guilty to, is adjudicated a	1566
delinquent child for committing, or has been adjudicated a	1567
delinquent child for committing any sexually oriented offense.	1568

(2) "Sex offender" does not include a person who is convicted	1569
of, pleads guilty to, has been convicted of, has pleaded guilty	1570
to, is adjudicated a delinquent child for committing, or has been	1571
adjudicated a delinquent child for committing a sexually oriented	1572
offense if the offense involves consensual sexual conduct or	1573
consensual sexual contact and either of the following applies:	1574

(a) The victim of the sexually oriented offense was eighteen	1575
years of age or older and at the time of the sexually oriented	1576
offense was not under the custodial authority of the person who is	1577
convicted of, pleads guilty to, has been convicted of, has pleaded	1578
guilty to, is adjudicated a delinquent child for committing, or	1579
has been adjudicated a delinquent child for committing the	1580
sexually oriented offense.	1581

(b) The victim of the offense was thirteen years of age or	1582
older, and the person who is convicted of, pleads guilty to, has	1583
been convicted of, has pleaded guilty to, is adjudicated a	1584
delinquent child for committing, or has been adjudicated a	1585
delinquent child for committing the sexually oriented offense is	1586
not more than four years older than the victim.	1587

(C) "Child-victim oriented offense" means any of the	1588
following violations or offenses committed by a person, regardless	1589
of the person's age, when the victim is under eighteen years of	1590
age and is not a child of the person who commits the violation:	1591

(1) A violation of division (A)(1), (2), (3), or (5) of	1592
section 2905.01 of the Revised Code when the violation is not	1593
included in division (A)(7) of this section;	1594

(2) A violation of division (A) of section 2905.02, division	1595
(A) of section 2905.03, or division (A) of section 2905.05 of the	1596
Revised Code;	1597

(3) A violation of any former law of this state, any existing	1598
or former municipal ordinance or law of another state or the	1599
United States, any existing or former law applicable in a military	1600
court or in an Indian tribal court, or any existing or former law	1601
of any nation other than the United States that is or was	1602
substantially equivalent to any offense listed in division (C)(1)	1603
or (2) of this section;	1604

(4) Any attempt to commit, conspiracy to commit, or	1605
complicity in committing any offense listed in division (C)(1),	1606
(2), or (3) of this section.	1607

(D) "Child-victim offender" means a person who is convicted	1608
of, pleads guilty to, has been convicted of, has pleaded guilty	1609
to, is adjudicated a delinquent child for committing, or has been	1610
adjudicated a delinquent child for committing any child-victim	1611
oriented offense.	1612

(E) "Tier I sex offender/child-victim offender" means any of	1613
the following:	1614

(1) A sex offender who is convicted of, pleads guilty to, has	1615
been convicted of, or has pleaded guilty to any of the following	1616
sexually oriented offenses:	1617

(a) A violation of section 2907.06, 2907.07, 2907.08,	1618
2907.22, or 2907.32 of the Revised Code;	1619

(b) A violation of section 2907.04 of the Revised Code when	1620
the offender is less than four years older than the other person	1621
with whom the offender engaged in sexual conduct, the other person	1622
did not consent to the sexual conduct, and the offender previously	1623
has not been convicted of or pleaded guilty to a violation of	1624
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1625
violation of former section 2907.12 of the Revised Code;	1626

(c) A violation of division (A)(1), (2), (3), or (5) of	1627
section 2907.05 of the Revised Code;	1628

(d) A violation of division (A)(3) of section 2907.323 of the	1629
Revised Code;	1630

(e) A violation of division (A)(3) of section 2903.211, of	1631
division (B) of section 2905.03, or of division (B) of section	1632
2905.05 of the Revised Code;	1633

(f) A violation of any former law of this state, any existing	1634
or former municipal ordinance or law of another state or the	1635
United States, any existing or former law applicable in a military	1636
court or in an Indian tribal court, or any existing or former law	1637
of any nation other than the United States, that is or was	1638
substantially equivalent to any offense listed in division	1639
(E)(1)(a), (b), (c), (d), or (e) of this section;	1640

(g) Any attempt to commit, conspiracy to commit, or	1641
complicity in committing any offense listed in division (E)(1)(a),	1642
(b), (c), (d), (e), or (f) of this section.	1643

(2) A child-victim offender who is convicted of, pleads	1644
guilty to, has been convicted of, or has pleaded guilty to a	1645
child-victim oriented offense and who is not within either	1646
category of child-victim offender described in division (F)(2) or	1647
(G)(2) of this section.	1648

(3) A sex offender who is adjudicated a delinquent child for	1649
committing or has been adjudicated a delinquent child for	1650
committing any sexually oriented offense and who a juvenile court,	1651
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1652
Revised Code, classifies a tier I sex offender/child-victim	1653
offender relative to the offense.	1654

(4) A child-victim offender who is adjudicated a delinquent	1655
child for committing or has been adjudicated a delinquent child	1656
for committing any child-victim oriented offense and who a	1657
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1658
2152.85 of the Revised Code, classifies a tier I sex	1659
offender/child-victim offender relative to the offense.	1660

(F) "Tier II sex offender/child-victim offender" means any of	1661
the following:	1662

(1) A sex offender who is convicted of, pleads guilty to, has	1663
been convicted of, or has pleaded guilty to any of the following	1664
sexually oriented offenses:	1665

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	1666
the Revised Code;	1667

(b) A violation of section 2907.04 of the Revised Code when	1668
the offender is at least four years older than the other person	1669
with whom the offender engaged in sexual conduct, or when the	1670
offender is less than four years older than the other person with	1671
whom the offender engaged in sexual conduct and the offender	1672
previously has been convicted of or pleaded guilty to a violation	1673
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	1674
former section 2907.12 of the Revised Code;	1675

(c) A violation of division (A)(4) of section 2907.05, of	1676
division (A)(3) of section 2907.24, or of division (A)(1) or (2)	1677
of section 2907.323 of the Revised Code;	1678

(d) A violation of division (A)(1), (2), (3), or (5) of	1679
section 2905.01 of the Revised Code when the offense is committed	1680
with a sexual motivation;	1681

(e) A violation of division (A)(4) of section 2905.01 of the	1682
Revised Code when the victim of the offense is eighteen years of	1683
age or older;	1684

(f) A violation of division (B) of section 2905.02 or of	1685
division (B)(5) of section 2919.22 of the Revised Code;	1686

(g) A violation of section 2905.32 of the Revised Code ~~when~~	1687
~~the offender knowingly recruited, lured, enticed, isolated,~~	1688
~~harbored, transported, provided, obtained, or maintained, or~~	1689
~~knowingly attempted to recruit, lure, entice, isolate, harbor,~~	1690
~~transport, provide, obtain, or maintain, another person knowing~~	1691
~~that the person would be compelled to engage in sexual activity~~	1692
~~for hire, engage in a performance that was obscene, sexually~~	1693
~~oriented, or nudity oriented, or be a model or participant in the~~	1694
~~production of material that was obscene, sexually oriented, or~~	1695
~~nudity oriented~~that is described in division (A)(11)(a), (b), or	1696
(c) of this section;	1697

(h) A violation of any former law of this state, any existing	1698
or former municipal ordinance or law of another state or the	1699
United States, any existing or former law applicable in a military	1700
court or in an Indian tribal court, or any existing or former law	1701
of any nation other than the United States that is or was	1702
substantially equivalent to any offense listed in division	1703
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	1704

(i) Any attempt to commit, conspiracy to commit, or	1705
complicity in committing any offense listed in division (F)(1)(a),	1706
(b), (c), (d), (e), (f), (g), or (h) of this section;	1707

(j) Any sexually oriented offense that is committed after the	1708
sex offender previously has been convicted of, pleaded guilty to,	1709
or has been adjudicated a delinquent child for committing any	1710
sexually oriented offense or child-victim oriented offense for	1711
which the offender was classified a tier I sex	1712
offender/child-victim offender.	1713

(2) A child-victim offender who is convicted of, pleads	1714
guilty to, has been convicted of, or has pleaded guilty to any	1715
child-victim oriented offense when the child-victim oriented	1716
offense is committed after the child-victim offender previously	1717
has been convicted of, pleaded guilty to, or been adjudicated a	1718
delinquent child for committing any sexually oriented offense or	1719
child-victim oriented offense for which the offender was	1720
classified a tier I sex offender/child-victim offender.	1721

(3) A sex offender who is adjudicated a delinquent child for	1722
committing or has been adjudicated a delinquent child for	1723
committing any sexually oriented offense and who a juvenile court,	1724
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1725
Revised Code, classifies a tier II sex offender/child-victim	1726
offender relative to the offense.	1727

(4) A child-victim offender who is adjudicated a delinquent	1728
child for committing or has been adjudicated a delinquent child	1729
for committing any child-victim oriented offense and whom a	1730
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1731
2152.85 of the Revised Code, classifies a tier II sex	1732
offender/child-victim offender relative to the current offense.	1733

(5) A sex offender or child-victim offender who is not in any	1734
category of tier II sex offender/child-victim offender set forth	1735
in division (F)(1), (2), (3), or (4) of this section, who prior to	1736
January 1, 2008, was adjudicated a delinquent child for committing	1737
a sexually oriented offense or child-victim oriented offense, and	1738
who prior to that date was determined to be a habitual sex	1739
offender or determined to be a habitual child-victim offender,	1740
unless either of the following applies:	1741

(a) The sex offender or child-victim offender is reclassified	1742
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1743
tier I sex offender/child-victim offender or a tier III sex	1744
offender/child-victim offender relative to the offense.	1745

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	1746
2152.84, or 2152.85 of the Revised Code, classifies the child a	1747
tier I sex offender/child-victim offender or a tier III sex	1748
offender/child-victim offender relative to the offense.	1749

(G) "Tier III sex offender/child-victim offender" means any	1750
of the following:	1751

(1) A sex offender who is convicted of, pleads guilty to, has	1752
been convicted of, or has pleaded guilty to any of the following	1753
sexually oriented offenses:	1754

(a) A violation of section 2907.02 or 2907.03 of the Revised	1755
Code;	1756

(b) A violation of division (B) of section 2907.05 of the	1757
Revised Code;	1758

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	1759
the Revised Code when the violation was committed with a sexual	1760
motivation;	1761

(d) A violation of division (A) of section 2903.04 of the	1762
Revised Code when the offender committed or attempted to commit	1763
the felony that is the basis of the violation with a sexual	1764
motivation;	1765

(e) A violation of division (A)(4) of section 2905.01 of the	1766
Revised Code when the victim of the offense is under eighteen	1767
years of age;	1768

(f) A violation of division (B) of section 2905.01 of the	1769
Revised Code when the victim of the offense is under eighteen	1770
years of age and the offender is not a parent of the victim of the	1771
offense;	1772

(g) A violation of division (B) of section 2903.03 of the	1773
Revised Code;	1774

(h) A violation of any former law of this state, any existing	1775
or former municipal ordinance or law of another state or the	1776
United States, any existing or former law applicable in a military	1777
court or in an Indian tribal court, or any existing or former law	1778
of any nation other than the United States that is or was	1779
substantially equivalent to any offense listed in division	1780
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	1781

(i) Any attempt to commit, conspiracy to commit, or	1782
complicity in committing any offense listed in division (G)(1)(a),	1783
(b), (c), (d), (e), (f), (g), or (h) of this section;	1784

(j) Any sexually oriented offense that is committed after the	1785
sex offender previously has been convicted of, pleaded guilty to,	1786
or been adjudicated a delinquent child for committing any sexually	1787
oriented offense or child-victim oriented offense for which the	1788
offender was classified a tier II sex offender/child-victim	1789
offender or a tier III sex offender/child-victim offender.	1790

(2) A child-victim offender who is convicted of, pleads	1791
guilty to, has been convicted of, or has pleaded guilty to any	1792
child-victim oriented offense when the child-victim oriented	1793
offense is committed after the child-victim offender previously	1794
has been convicted of, pleaded guilty to, or been adjudicated a	1795
delinquent child for committing any sexually oriented offense or	1796
child-victim oriented offense for which the offender was	1797
classified a tier II sex offender/child-victim offender or a tier	1798
III sex offender/child-victim offender.	1799

(3) A sex offender who is adjudicated a delinquent child for	1800
committing or has been adjudicated a delinquent child for	1801
committing any sexually oriented offense and who a juvenile court,	1802
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1803
Revised Code, classifies a tier III sex offender/child-victim	1804
offender relative to the offense.	1805

(4) A child-victim offender who is adjudicated a delinquent	1806
child for committing or has been adjudicated a delinquent child	1807
for committing any child-victim oriented offense and whom a	1808
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1809
2152.85 of the Revised Code, classifies a tier III sex	1810
offender/child-victim offender relative to the current offense.	1811

(5) A sex offender or child-victim offender who is not in any	1812
category of tier III sex offender/child-victim offender set forth	1813
in division (G)(1), (2), (3), or (4) of this section, who prior to	1814
January 1, 2008, was convicted of or pleaded guilty to a sexually	1815
oriented offense or child-victim oriented offense or was	1816
adjudicated a delinquent child for committing a sexually oriented	1817
offense or child-victim oriented offense and classified a juvenile	1818
offender registrant, and who prior to that date was adjudicated a	1819
sexual predator or adjudicated a child-victim predator, unless	1820
either of the following applies:	1821

(a) The sex offender or child-victim offender is reclassified	1822
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	1823
tier I sex offender/child-victim offender or a tier II sex	1824
offender/child-victim offender relative to the offense.	1825

(b) The sex offender or child-victim offender is a delinquent	1826
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	1827
2152.84, or 2152.85 of the Revised Code, classifies the child a	1828
tier I sex offender/child-victim offender or a tier II sex	1829
offender/child-victim offender relative to the offense.	1830

(6) A sex offender who is convicted of, pleads guilty to, was	1831
convicted of, or pleaded guilty to a sexually oriented offense, if	1832
the sexually oriented offense and the circumstances in which it	1833
was committed are such that division (F) of section 2971.03 of the	1834
Revised Code automatically classifies the offender as a tier III	1835
sex offender/child-victim offender;	1836

(7) A sex offender or child-victim offender who is convicted	1837
of, pleads guilty to, was convicted of, pleaded guilty to, is	1838
adjudicated a delinquent child for committing, or was adjudicated	1839
a delinquent child for committing a sexually oriented offense or	1840
child-victim offense in another state, in a federal court,	1841
military court, or Indian tribal court, or in a court in any	1842
nation other than the United States if both of the following	1843
apply:	1844

(a) Under the law of the jurisdiction in which the offender	1845
was convicted or pleaded guilty or the delinquent child was	1846
adjudicated, the offender or delinquent child is in a category	1847
substantially equivalent to a category of tier III sex	1848
offender/child-victim offender described in division (G)(1), (2),	1849
(3), (4), (5), or (6) of this section.	1850

(b) Subsequent to the conviction, plea of guilty, or	1851
adjudication in the other jurisdiction, the offender or delinquent	1852
child resides, has temporary domicile, attends school or an	1853
institution of higher education, is employed, or intends to reside	1854
in this state in any manner and for any period of time that	1855
subjects the offender or delinquent child to a duty to register or	1856
provide notice of intent to reside under section 2950.04 or	1857
2950.041 of the Revised Code.	1858

(H) "Confinement" includes, but is not limited to, a	1859
community residential sanction imposed pursuant to section 2929.16	1860
or 2929.26 of the Revised Code.	1861

(I) "Prosecutor" has the same meaning as in section 2935.01	1862
of the Revised Code.	1863

(J) "Supervised release" means a release of an offender from	1864
a prison term, a term of imprisonment, or another type of	1865
confinement that satisfies either of the following conditions:	1866

(1) The release is on parole, a conditional pardon, under a	1867
community control sanction, under transitional control, or under a	1868
post-release control sanction, and it requires the person to	1869
report to or be supervised by a parole officer, probation officer,	1870
field officer, or another type of supervising officer.	1871

(2) The release is any type of release that is not described	1872
in division (J)(1) of this section and that requires the person to	1873
report to or be supervised by a probation officer, a parole	1874
officer, a field officer, or another type of supervising officer.	1875

(K) "Sexually violent predator specification," "sexually	1876
violent predator," "sexually violent offense," "sexual motivation	1877
specification," "designated homicide, assault, or kidnapping	1878
offense," and "violent sex offense" have the same meanings as in	1879
section 2971.01 of the Revised Code.	1880

(L) "Post-release control sanction" and "transitional	1881
control" have the same meanings as in section 2967.01 of the	1882
Revised Code.	1883

(M) "Juvenile offender registrant" means a person who is	1884
adjudicated a delinquent child for committing on or after January	1885
1, 2002, a sexually oriented offense or a child-victim oriented	1886
offense, who is fourteen years of age or older at the time of	1887
committing the offense, and who a juvenile court judge, pursuant	1888
to an order issued under section 2152.82, 2152.83, 2152.84,	1889
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	1890
offender registrant and specifies has a duty to comply with	1891
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1892
Code. "Juvenile offender registrant" includes a person who prior	1893
to January 1, 2008, was a "juvenile offender registrant" under the	1894
definition of the term in existence prior to January 1, 2008, and	1895
a person who prior to July 31, 2003, was a "juvenile sex offender	1896
registrant" under the former definition of that former term.	1897

(N) "Public registry-qualified juvenile offender registrant"	1898
means a person who is adjudicated a delinquent child and on whom a	1899
juvenile court has imposed a serious youthful offender	1900
dispositional sentence under section 2152.13 of the Revised Code	1901
before, on, or after January 1, 2008, and to whom all of the	1902
following apply:	1903

(1) The person is adjudicated a delinquent child for	1904
committing, attempting to commit, conspiring to commit, or	1905
complicity in committing one of the following acts:	1906

(a) A violation of section 2907.02 of the Revised Code,	1907
division (B) of section 2907.05 of the Revised Code, or section	1908
2907.03 of the Revised Code if the victim of the violation was	1909
less than twelve years of age;	1910

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	1911
the Revised Code that was committed with a purpose to gratify the	1912
sexual needs or desires of the child;	1913

(c) A violation of division (B) of section 2903.03 of the	1914
Revised Code.	1915

(2) The person was fourteen, fifteen, sixteen, or seventeen	1916
years of age at the time of committing the act.	1917

(3) A juvenile court judge, pursuant to an order issued under	1918
section 2152.86 of the Revised Code, classifies the person a	1919
juvenile offender registrant, specifies the person has a duty to	1920
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	1921
Code, and classifies the person a public registry-qualified	1922
juvenile offender registrant, and the classification of the person	1923
as a public registry-qualified juvenile offender registrant has	1924
not been terminated pursuant to division (D) of section 2152.86 of	1925
the Revised Code.	1926

(O) "Secure facility" means any facility that is designed and	1927
operated to ensure that all of its entrances and exits are locked	1928
and under the exclusive control of its staff and to ensure that,	1929
because of that exclusive control, no person who is	1930
institutionalized or confined in the facility may leave the	1931
facility without permission or supervision.	1932

(P) "Out-of-state juvenile offender registrant" means a	1933
person who is adjudicated a delinquent child in a court in another	1934
state, in a federal court, military court, or Indian tribal court,	1935
or in a court in any nation other than the United States for	1936
committing a sexually oriented offense or a child-victim oriented	1937
offense, who on or after January 1, 2002, moves to and resides in	1938
this state or temporarily is domiciled in this state for more than	1939
five days, and who has a duty under section 2950.04 or 2950.041 of	1940
the Revised Code to register in this state and the duty to	1941
otherwise comply with that applicable section and sections 2950.05	1942
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	1943
registrant" includes a person who prior to January 1, 2008, was an	1944
"out-of-state juvenile offender registrant" under the definition	1945
of the term in existence prior to January 1, 2008, and a person	1946
who prior to July 31, 2003, was an "out-of-state juvenile sex	1947
offender registrant" under the former definition of that former	1948
term.	1949

(Q) "Juvenile court judge" includes a magistrate to whom the	1950
juvenile court judge confers duties pursuant to division (A)(15)	1951
of section 2151.23 of the Revised Code.	1952

(R) "Adjudicated a delinquent child for committing a sexually	1953
oriented offense" includes a child who receives a serious youthful	1954
offender dispositional sentence under section 2152.13 of the	1955
Revised Code for committing a sexually oriented offense.	1956

(S) "School" and "school premises" have the same meanings as	1957
in section 2925.01 of the Revised Code.	1958

(T) "Residential premises" means the building in which a	1959
residential unit is located and the grounds upon which that	1960
building stands, extending to the perimeter of the property.	1961
"Residential premises" includes any type of structure in which a	1962
residential unit is located, including, but not limited to,	1963
multi-unit buildings and mobile and manufactured homes.	1964

(U) "Residential unit" means a dwelling unit for residential	1965
use and occupancy, and includes the structure or part of a	1966
structure that is used as a home, residence, or sleeping place by	1967
one person who maintains a household or two or more persons who	1968
maintain a common household. "Residential unit" does not include a	1969
halfway house or a community-based correctional facility.	1970

(V) "Multi-unit building" means a building in which is	1971
located more than twelve residential units that have entry doors	1972
that open directly into the unit from a hallway that is shared	1973
with one or more other units. A residential unit is not considered	1974
located in a multi-unit building if the unit does not have an	1975
entry door that opens directly into the unit from a hallway that	1976
is shared with one or more other units or if the unit is in a	1977
building that is not a multi-unit building as described in this	1978
division.	1979

(W) "Community control sanction" has the same meaning as in	1980
section 2929.01 of the Revised Code.	1981

(X) "Halfway house" and "community-based correctional	1982
facility" have the same meanings as in section 2929.01 of the	1983
Revised Code.	1984

Sec. 2951.041. (A)(1) If an offender is charged with a	1985
criminal offense, including but not limited to a violation of	1986
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	1987
the Revised Code, and the court has reason to believe that drug or	1988
alcohol usage by the offender was a factor leading to the criminal	1989
offense with which the offender is charged or that, at the time of	1990
committing that offense, the offender had a mental illness or, was	1991
a person with intellectual disability, or was a victim of a	1992
violation of section 2905.32 of the Revised Code and that the	1993
mental illness or, status as a person with intellectual	1994
disability, or fact that the offender was a victim of a violation	1995
of section 2905.32 of the Revised Code was a factor leading to the	1996
offender's criminal behavior, the court may accept, prior to the	1997
entry of a guilty plea, the offender's request for intervention in	1998
lieu of conviction. The request shall include a statement from the	1999
offender as to whether the offender is alleging that drug or	2000
alcohol usage by the offender was a factor leading to the criminal	2001
offense with which the offender is charged or is alleging that, at	2002
the time of committing that offense, the offender had a mental	2003
illness or, was a person with intellectual disability, or was a	2004
victim of a violation of section 2905.32 of the Revised Code and	2005
that the mental illness or, status as a person with intellectual	2006
disability, or fact that the offender was a victim of a violation	2007
of section 2905.32 of the Revised Code was a factor leading to the	2008
criminal offense with which the offender is charged. The request	2009
also shall include a waiver of the defendant's right to a speedy	2010
trial, the preliminary hearing, the time period within which the	2011
grand jury may consider an indictment against the offender, and	2012
arraignment, unless the hearing, indictment, or arraignment has	2013
already occurred. The court may reject an offender's request	2014
without a hearing. If the court elects to consider an offender's	2015
request, the court shall conduct a hearing to determine whether	2016
the offender is eligible under this section for intervention in	2017
lieu of conviction and shall stay all criminal proceedings pending	2018
the outcome of the hearing. If the court schedules a hearing, the	2019
court shall order an assessment of the offender for the purpose of	2020
determining the offender's eligibility for intervention in lieu of	2021
conviction and recommending an appropriate intervention plan.	2022

If the offender alleges that drug or alcohol usage by the	2023
offender was a factor leading to the criminal offense with which	2024
the offender is charged, the court may order that the offender be	2025
assessed by an addiction services provider certified pursuant to	2026
section 5119.36 of the Revised Code or a properly credentialed	2027
professional for the purpose of determining the offender's	2028
eligibility for intervention in lieu of conviction and	2029
recommending an appropriate intervention plan. The addiction	2030
services provider or the properly credentialed professional shall	2031
provide a written assessment of the offender to the court.	2032

(2) The victim notification provisions of division (C) of	2033
section 2930.08 of the Revised Code apply in relation to any	2034
hearing held under division (A)(1) of this section.	2035

(B) An offender is eligible for intervention in lieu of	2036
conviction if the court finds all of the following:	2037

(1) The offender previously has not been convicted of or	2038
pleaded guilty to a felony offense of violence or previously has	2039
been convicted of or pleaded guilty to any felony that is not an	2040
offense of violence and the prosecuting attorney recommends that	2041
the offender be found eligible for participation in intervention	2042
in lieu of treatment under this section, previously has not been	2043
through intervention in lieu of conviction under this section or	2044
any similar regimen, and is charged with a felony for which the	2045
court, upon conviction, would impose a community control sanction	2046
on the offender under division (B)(2) of section 2929.13 of the	2047
Revised Code or with a misdemeanor.	2048

(2) The offense is not a felony of the first, second, or	2049
third degree, is not an offense of violence, is not a violation of	2050
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2051
not a violation of division (A)(1) of section 2903.08 of the	2052
Revised Code, is not a violation of division (A) of section	2053
4511.19 of the Revised Code or a municipal ordinance that is	2054
substantially similar to that division, and is not an offense for	2055
which a sentencing court is required to impose a mandatory prison	2056
term, a mandatory term of local incarceration, or a mandatory term	2057
of imprisonment in a jail.	2058

(3) The offender is not charged with a violation of section	2059
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	2060
with a violation of section 2925.03 of the Revised Code that is a	2061
felony of the first, second, third, or fourth degree, and is not	2062
charged with a violation of section 2925.11 of the Revised Code	2063
that is a felony of the first, second, or third degree.	2064

(4) If an offender alleges that drug or alcohol usage by the	2065
offender was a factor leading to the criminal offense with which	2066
the offender is charged, the court has ordered that the offender	2067
be assessed by an addiction services provider certified pursuant	2068
to section 5119.36 of the Revised Code or a properly credentialed	2069
professional for the purpose of determining the offender's	2070
eligibility for intervention in lieu of conviction and	2071
recommending an appropriate intervention plan, the offender has	2072
been assessed by an addiction services provider of that nature or	2073
a properly credentialed professional in accordance with the	2074
court's order, and the addiction services provider or properly	2075
credentialed professional has filed the written assessment of the	2076
offender with the court.	2077

(5) If an offender alleges that, at the time of committing	2078
the criminal offense with which the offender is charged, the	2079
offender had a mental illness or, was a person with intellectual	2080
disability, or was a victim of a violation of section 2905.32 of	2081
the Revised Code and that the mental illness or, status as a	2082
person with intellectual disability, or fact that the offender was	2083
a victim of a violation of section 2905.32 of the Revised Code was	2084
a factor leading to that offense, the offender has been assessed	2085
by a psychiatrist, psychologist, independent social worker,	2086
licensed professional clinical counselor, or independent marriage	2087
and family therapist for the purpose of determining the offender's	2088
eligibility for intervention in lieu of conviction and	2089
recommending an appropriate intervention plan.	2090

(6) The offender's drug usage, alcohol usage, mental illness,	2091
or intellectual disability, or the fact that the offender was a	2092
victim of a violation of section 2905.32 of the Revised Code,	2093
whichever is applicable, was a factor leading to the criminal	2094
offense with which the offender is charged, intervention in lieu	2095
of conviction would not demean the seriousness of the offense, and	2096
intervention would substantially reduce the likelihood of any	2097
future criminal activity.	2098

(7) The alleged victim of the offense was not sixty-five	2099
years of age or older, permanently and totally disabled, under	2100
thirteen years of age, or a peace officer engaged in the officer's	2101
official duties at the time of the alleged offense.	2102

(8) If the offender is charged with a violation of section	2103
2925.24 of the Revised Code, the alleged violation did not result	2104
in physical harm to any person, and the offender previously has	2105
not been treated for drug abuse.	2106

(9) The offender is willing to comply with all terms and	2107
conditions imposed by the court pursuant to division (D) of this	2108
section.	2109

(10) The offender is not charged with an offense that would	2110
result in the offender being disqualified under Chapter 4506. of	2111
the Revised Code from operating a commercial motor vehicle or	2112
would subject the offender to any other sanction under that	2113
chapter.	2114

(C) At the conclusion of a hearing held pursuant to division	2115
(A) of this section, the court shall enter its determination as to	2116
whether the offender is eligible for intervention in lieu of	2117
conviction and as to whether to grant the offender's request. If	2118
the court finds under division (B) of this section that the	2119
offender is eligible for intervention in lieu of conviction and	2120
grants the offender's request, the court shall accept the	2121
offender's plea of guilty and waiver of the defendant's right to a	2122
speedy trial, the preliminary hearing, the time period within	2123
which the grand jury may consider an indictment against the	2124
offender, and arraignment, unless the hearing, indictment, or	2125
arraignment has already occurred. In addition, the court then may	2126
stay all criminal proceedings and order the offender to comply	2127
with all terms and conditions imposed by the court pursuant to	2128
division (D) of this section. If the court finds that the offender	2129
is not eligible or does not grant the offender's request, the	2130
criminal proceedings against the offender shall proceed as if the	2131
offender's request for intervention in lieu of conviction had not	2132
been made.	2133

(D) If the court grants an offender's request for	2134
intervention in lieu of conviction, the court shall place the	2135
offender under the general control and supervision of the county	2136
probation department, the adult parole authority, or another	2137
appropriate local probation or court services agency, if one	2138
exists, as if the offender was subject to a community control	2139
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	2140
Revised Code. The court shall establish an intervention plan for	2141
the offender. The terms and conditions of the intervention plan	2142
shall require the offender, for at least one year from the date on	2143
which the court grants the order of intervention in lieu of	2144
conviction, to abstain from the use of illegal drugs and alcohol,	2145
to participate in treatment and recovery support services, and to	2146
submit to regular random testing for drug and alcohol use and may	2147
include any other treatment terms and conditions, or terms and	2148
conditions similar to community control sanctions, which may	2149
include community service or restitution, that are ordered by the	2150
court.	2151

(E) If the court grants an offender's request for	2152
intervention in lieu of conviction and the court finds that the	2153
offender has successfully completed the intervention plan for the	2154
offender, including the requirement that the offender abstain from	2155
using illegal drugs and alcohol for a period of at least one year	2156
from the date on which the court granted the order of intervention	2157
in lieu of conviction, the requirement that the offender	2158
participate in treatment and recovery support services, and all	2159
other terms and conditions ordered by the court, the court shall	2160
dismiss the proceedings against the offender. Successful	2161
completion of the intervention plan and period of abstinence under	2162
this section shall be without adjudication of guilt and is not a	2163
criminal conviction for purposes of any disqualification or	2164
disability imposed by law and upon conviction of a crime, and the	2165
court may order the sealing of records related to the offense in	2166
question in the manner provided in sections 2953.31 to 2953.36 of	2167
the Revised Code.	2168

(F) If the court grants an offender's request for	2169
intervention in lieu of conviction and the offender fails to	2170
comply with any term or condition imposed as part of the	2171
intervention plan for the offender, the supervising authority for	2172
the offender promptly shall advise the court of this failure, and	2173
the court shall hold a hearing to determine whether the offender	2174
failed to comply with any term or condition imposed as part of the	2175
plan. If the court determines that the offender has failed to	2176
comply with any of those terms and conditions, it shall enter a	2177
finding of guilty and shall impose an appropriate sanction under	2178
Chapter 2929. of the Revised Code. If the court sentences the	2179
offender to a prison term, the court, after consulting with the	2180
department of rehabilitation and correction regarding the	2181
availability of services, may order continued court-supervised	2182
activity and treatment of the offender during the prison term and,	2183
upon consideration of reports received from the department	2184
concerning the offender's progress in the program of activity and	2185
treatment, may consider judicial release under section 2929.20 of	2186
the Revised Code.	2187

(G) As used in this section:

2188

(1) "Community control sanction" has the same meaning as in	2189
section 2929.01 of the Revised Code.	2190

(2) "Intervention in lieu of conviction" means any	2191
court-supervised activity that complies with this section.	2192

(3) "Peace officer" has the same meaning as in section	2193
2935.01 of the Revised Code.	2194

(4) "Mental illness" and "psychiatrist" have the same	2195
meanings as in section 5122.01 of the Revised Code.	2196

(5) "Person with intellectual disability" means a person	2197
having significantly subaverage general intellectual functioning	2198
existing concurrently with deficiencies in adaptive behavior,	2199
manifested during the developmental period.	2200

(6) "Psychologist" has the same meaning as in section 4732.01	2201
of the Revised Code.	2202

(H) Whenever the term "mentally retarded person" is used in	2203
any statute, rule, contract, grant, or other document, the	2204
reference shall be deemed to include a "person with intellectual	2205
disability," as defined in this section.	2206

Sec. 3319.073. (A) The board of education of each city and	2207
exempted village school district and the governing board of each	2208
educational service center shall adopt or adapt the curriculum	2209
developed by the department of education for, or shall develop in	2210
consultation with public or private agencies or persons involved	2211
in child abuse prevention or intervention programs, a program of	2212
in-service training in the prevention of child abuse, violence,	2213
and substance abuse and the promotion of positive youth	2214
development. Each person employed by any school district or	2215
service center to work in a school as a nurse, teacher, counselor,	2216
school psychologist, or administrator shall complete at least four	2217
hours of the in-service training within two years of commencing	2218
employment with the district or center, and every five years	2219
thereafter. A person who is employed by any school district or	2220
service center to work in an elementary school as a nurse,	2221
teacher, counselor, school psychologist, or administrator on March	2222
30, 2007, shall complete at least four hours of the in-service	2223
training not later than March 30, 2009, and every five years	2224
thereafter. A person who is employed by any school district or	2225
service center to work in a middle or high school as a nurse,	2226
teacher, counselor, school psychologist, or administrator on	2227
October 16, 2009, shall complete at least four hours of the	2228
in-service training not later than October 16, 2011, and every	2229
five years thereafter.	2230

(B) Each board shall incorporate training in school safety	2231
and violence prevention~~, including human trafficking content,~~,	2232
including human trafficking content, into the in-service training	2233
required by division (A) of this section. For this purpose, the	2234
board shall adopt or adapt the curriculum developed by the	2235
department or shall develop its own curriculum in consultation	2236
with public or private agencies or persons involved in school	2237
safety and violence prevention programs.	2238

(C) Each board shall incorporate training on the board's	2239
harassment, intimidation, or bullying policy adopted under section	2240
3313.666 of the Revised Code into the in-service training required	2241
by division (A) of this section. Each board also shall incorporate	2242
training in the prevention of dating violence into the in-service	2243
training required by that division for middle and high school	2244
employees. The board shall develop its own curricula for these	2245
purposes.	2246

(D) Each board shall incorporate training in youth suicide	2247
awareness and prevention into the in-service training required by	2248
division (A) of this section for each person employed by a school	2249
district or service center to work in a school as a nurse,	2250
teacher, counselor, school psychologist, or administrator, and any	2251
other personnel that the board determines appropriate. For this	2252
purpose, the board shall adopt or adapt the curriculum developed	2253
by the department or shall develop its own curriculum in	2254
consultation with public or private agencies or persons involved	2255
in youth suicide awareness and prevention programs.	2256

The training completed under this division shall count toward	2257
the satisfaction of requirements for professional development	2258
required by the school district or service center board, and the	2259
training may be accomplished through self-review of suitable	2260
suicide prevention materials approved by the board.	2261

Section 2. That existing sections 109.54, 2151.414,	2262
2151.419, 2901.13, 2905.32, 2907.22, 2907.24, 2929.01, 2937.11,	2263
2950.01, 2951.041, and 3319.073 of the Revised Code are hereby	2264
repealed.	2265

Section 3. If any provision of a section in this bill or the	2266
application of any such provision to any person or circumstances	2267
is held invalid, the invalidity does not affect any other	2268
provision or application of the section or of any other section in	2269
this bill that can be given effect without the invalid provision	2270
or application, and to this end the provisions are severable.	2271

Section 4. The changes made by this act to sections 2901.13,	2272
2907.22, and 3319.073 of the Revised Code are not intended to be	2273
new changes, but are intended to confirm and continue the changes	2274
to those sections that were made in Am. Sub. H.B. 59 of the 130th	2275
General Assembly, the validity of which might be called into	2276
question. The changes made by this act to those sections do not	2277
supersede or repeal the changes to those sections that were made	2278
in Am. Sub. H.B. 59 of the 130th General Assembly, are a	2279
continuation of the changes to those sections that were made in	2280
that act, and do not replace the changes to those sections that	2281
were made in that act unless the changes to those sections made in	2282
that act are invalidated.	2283

Section 5. This act is hereby declared to be an emergency	2284
measure necessary for the immediate preservation of the public	2285
peace, health, and safety. The reason for such necessity is that	2286
minors are particularly vulnerable to becoming victims of the	2287
offenses described in this act. Therefore this act shall go into	2288
immediate effect.	2289

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Bill Text: OH HB130 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 130 (Prior Session Legislation)

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