As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. 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 

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A BILL

To amend sections 109.54, 2151.414, 2151.419,

1

2901.13, 2905.32, 2907.02, 2907.05, 2907.07,

2

2907.22, 2907.24, 2907.241, 2907.25, 2929.01,

3

2937.11, 2950.01, and 2951.041 and to enact

4

sections 149.435, 2907.19, and 2927.17 of the

5

Revised Code to authorize a judge or magistrate to

6

order the testimony of a victim of trafficking in

7

persons to be taken by closed circuit television

8

equipment under certain circumstances, to prohibit

9

the disclosure of names or other information in a

10

routine police report that is highly likely to

11

identify an alleged delinquent child arrestee who

12

is abused and under 18, to specify that a public

13

children services agency or private child

14

placement agency is not required to make

15

reasonable efforts to prevent the removal of a

16

child from the child's home, eliminate the

17

continued removal of a child from the child's

18

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

19

that a court find that a child cannot be placed

20

with either parent under specified circumstances,

21

to extend the period within which a prosecution

22

for trafficking in persons must be commenced from

23

six to twenty years after the offense is

24

committed, to specify that the Rape Shield Law

25

applies to evidence of a rape victim's involuntary

26

sexual activity as well as evidence of a rape

27

victim's voluntary sexual activity, to prohibit

28

the admission of evidence pertaining to a victim's

29

sexual activity in a case of trafficking in

30

persons in the same manner as the Rape Shield Law

31

does in a case of rape, to eliminate as an element

32

of the offense of importuning the offender's

33

knowledge or reckless disregard of the age of the

34

person importuned when the person importuned is a

35

victim of trafficking in persons who is 16 or 17

36

years of age, to provide that a minor or

37

developmentally disabled person is a victim of

38

trafficking in persons if recruited or otherwise

39

obtained or held to engage in certain specified

40

sexual, nudity, or obscenity related activities,

41

to include in the offense of promoting

42

prostitution certain specified activities that

43

through electronic means promotes or facilitates

44

sexual activity for hire, to increase the penalty

45

for soliciting when the person solicited is a

46

minor, to create an affirmative defense that a

47

defendant charged with soliciting or prostitution

48

after a positive HIV test was being trafficked, to

49

require offenders convicted of solicitation when

50

the person solicited is under 18 years of age to

51

register as sex offenders, to prohibit the

52

advertisement of massage or massage techniques or

53

methods unless certain circumstances apply, to

54

allow a victim of trafficking in persons to be

55

eligible for intervention in lieu of conviction,

56

and to declare an emergency.

57

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

Section 1. That sections 109.54, 2151.414, 2151.419, 2901.13,	58
2905.32, 2907.02, 2907.05, 2907.07, 2907.22, 2907.24, 2907.241,	59
2907.25, 2929.01, 2937.11, 2950.01, and 2951.041 be amended and	60
sections 149.435, 2907.19, and 2927.17 of the Revised Code be	61
enacted to read as follows:	62

Sec. 109.54.  (A) The bureau of criminal identification and	63
investigation may investigate any criminal activity in this state	64
that is of statewide or intercounty concern when requested by	65
local authorities and may aid federal authorities, when requested,	66
in their investigation of any criminal activity in this state. The	67
bureau may investigate any criminal activity in this state related	68
to the conduct of elections when requested by the secretary of	69
state. The bureau may investigate any criminal activity in this	70
state involving drug abuse or illegal drug distribution prohibited	71
under Chapter 3719. or 4729. of the Revised Code. The	72
superintendent and any agent of the bureau may participate, as the	73
director of an organized crime task force established under	74
section 177.02 of the Revised Code or as a member of the	75
investigatory staff of a task force established under that	76
section, in an investigation of organized criminal activity	77
anywhere within this state under sections 177.01 to 177.03 of the	78
Revised Code.	79

(B) The bureau may provide any trained investigative	80
personnel and specialized equipment that are requested by any	81
sheriff or chief of police, by the authorized designee of any	82
sheriff or chief of police, or by any other authorized law	83
enforcement officer to aid and assist the officer in the	84
investigation and solution of any crime or the control of any	85
criminal activity occurring within the officer's jurisdiction.	86
This assistance shall be furnished by the bureau without	87
disturbing or impairing any of the existing law enforcement	88
authority or the prerogatives of local law enforcement authorities	89
or officers. Investigators provided pursuant to this section, or	90
engaged in an investigation pursuant to section 109.83 of the	91
Revised Code, may go armed in the same manner as sheriffs and	92
regularly appointed police officers under section 2923.12 of the	93
Revised Code.	94

(C)(1) The bureau shall obtain recording equipment that can	95
be used to record depositions of the type described in division	96
(A) of section 2152.81 and division (A) of section 2945.481 of the	97
Revised Code, or testimony of the type described in division (D)	98
of section 2152.81 and division (D) of section 2945.481 or in	99
division (C) of section 2937.11 of the Revised Code, shall obtain	100
closed circuit equipment that can be used to televise testimony of	101
the type described in division (C) of section 2152.81 and division	102
(C) of section 2945.481 or in division (B) or (D) of section	103
2937.11 of the Revised Code, and shall provide the equipment, upon	104
request, to any court for use in recording any deposition or	105
testimony of one of those types or in televising the testimony in	106
accordance with the applicable division.	107

(2) The bureau shall obtain the names, addresses, and	108
telephone numbers of persons who are experienced in questioning	109
children in relation to an investigation of a violation of section	110
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	111
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,	112
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an	113
offense of violence and shall maintain a list of those names,	114
addresses, and telephone numbers. The list shall include a	115
classification of the names, addresses, and telephone numbers by	116
appellate district. Upon request, the bureau shall provide any	117
county sheriff, chief of police, prosecuting attorney, village	118
solicitor, city director of law, or similar chief legal officer	119
with the name, address, and telephone number of any person	120
contained in the list.	121

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

122

(1) "Abused child" has the same meaning as in section	123
2151.031 of the Revised Code.	124

(2) "Confidential law enforcement investigatory record" has	125
the same meaning as in section 149.43 of the Revised Code.	126

(3) "Law enforcement agency" means a municipal or township	127
police department, the office of a sheriff, the state highway	128
patrol, federal law enforcement, a county prosecuting attorney,	129
the office of the United States attorney, or a state or local	130
governmental body that enforces criminal laws and that has	131
employees who have a statutory power of arrest.	132

(4) "Routine factual report" means a police blotter, arrest	133
log, incident report, or other record of events maintained in	134
paper, electronic, or other form by a law enforcement agency,	135
other than a confidential law enforcement investigatory record.	136

(B)(1) Except as provided in division (C) of this section, a	137
law enforcement agency or employee of a law enforcement agency	138
shall not disclose a name or other information contained in a	139
routine factual report that is highly likely to identify an	140
alleged delinquent child or arrestee who is also an abused child	141
and who is under eighteen years of age at the time the report is	142
created. If the agency or employee does not know whether the	143
alleged delinquent child or arrestee is an abused child, the	144
agency or employee shall attempt to determine whether or not the	145
alleged delinquent child or arrestee is an abused child and shall	146
not disclose the name or other information before making the	147
determination.	148

(2) No person to whom information described in division	149
(B)(1) of this section is disclosed, and no employer of that	150
person, shall further disclose that information except as provided	151
in division (C) of this section.	152

(C) This section does not prohibit the disclosure of	153
information described in division (B) of this section to any of	154
the following:	155

(1) An employee of a law enforcement agency for the purpose	156
of investigating or prosecuting a crime or delinquent act;	157

(2) An employee of the department of youth services or a	158
probation officer who is supervising an alleged delinquent child	159
or arrestee who is also an abused child and who is under eighteen	160
years of age;	161

(3) An employee of a law enforcement agency for use in the	162
employee's defense of a civil or administrative action arising out	163
of the employee's involvement in the case that gave rise to the	164
civil or administrative action;	165

(4) An employee of the attorney general's office responsible	166
for administering awards of reparations under section 2743.191 of	167
the Revised Code;	168

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

169

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	170
to section 2151.413 of the Revised Code for permanent custody of a	171
child, the court shall schedule a hearing and give notice of the	172
filing of the motion and of the hearing, in accordance with	173
section 2151.29 of the Revised Code, to all parties to the action	174
and to the child's guardian ad litem. The notice also shall	175
contain a full explanation that the granting of permanent custody	176
permanently divests the parents of their parental rights, a full	177
explanation of their right to be represented by counsel and to	178
have counsel appointed pursuant to Chapter 120. of the Revised	179
Code if they are indigent, and the name and telephone number of	180
the court employee designated by the court pursuant to section	181
2151.314 of the Revised Code to arrange for the prompt appointment	182
of counsel for indigent persons.	183

The court shall conduct a hearing in accordance with section	184
2151.35 of the Revised Code to determine if it is in the best	185
interest of the child to permanently terminate parental rights and	186
grant permanent custody to the agency that filed the motion. The	187
adjudication that the child is an abused, neglected, or dependent	188
child and any dispositional order that has been issued in the case	189
under section 2151.353 of the Revised Code pursuant to the	190
adjudication shall not be readjudicated at the hearing and shall	191
not be affected by a denial of the motion for permanent custody.	192

(2) The court shall hold the hearing scheduled pursuant to	193
division (A)(1) of this section not later than one hundred twenty	194
days after the agency files the motion for permanent custody,	195
except that, for good cause shown, the court may continue the	196
hearing for a reasonable period of time beyond the	197
one-hundred-twenty-day deadline. The court shall issue an order	198
that grants, denies, or otherwise disposes of the motion for	199
permanent custody, and journalize the order, not later than two	200
hundred days after the agency files the motion.	201

If a motion is made under division (D)(2) of section 2151.413	202
of the Revised Code and no dispositional hearing has been held in	203
the case, the court may hear the motion in the dispositional	204
hearing required by division (B) of section 2151.35 of the Revised	205
Code. If the court issues an order pursuant to section 2151.353 of	206
the Revised Code granting permanent custody of the child to the	207
agency, the court shall immediately dismiss the motion made under	208
division (D)(2) of section 2151.413 of the Revised Code.	209

The failure of the court to comply with the time periods set	210
forth in division (A)(2) of this section does not affect the	211
authority of the court to issue any order under this chapter and	212
does not provide any basis for attacking the jurisdiction of the	213
court or the validity of any order of the court.	214

(B)(1) Except as provided in division (B)(2) of this section,	215
the court may grant permanent custody of a child to a movant if	216
the court determines at the hearing held pursuant to division (A)	217
of this section, by clear and convincing evidence, that it is in	218
the best interest of the child to grant permanent custody of the	219
child to the agency that filed the motion for permanent custody	220
and that any of the following apply:	221

(a) The child is not abandoned or orphaned, has not been in	222
the temporary custody of one or more public children services	223
agencies or private child placing agencies for twelve or more	224
months of a consecutive twenty-two-month period, or has not been	225
in 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 if, as described	228
in division (D)(1) of section 2151.413 of the Revised Code, the	229
child was previously in the temporary custody of an equivalent	230
agency in another state, and the child cannot be placed with	231
either of the child's parents within a reasonable time or should	232
not be placed with the child's parents.	233

(b) The child is abandoned.

234

(c) The child is orphaned, and there are no relatives of the	235
child who are able to take permanent custody.	236

(d) The child has been in the temporary custody of one or	237
more public children services agencies or private child placing	238
agencies for twelve or more months of a consecutive	239
twenty-two-month period, or the child has been in the temporary	240
custody of one or more public children services agencies or	241
private child placing agencies for twelve or more months of a	242
consecutive twenty-two-month period and, as described in division	243
(D)(1) of section 2151.413 of the Revised Code, the child was	244
previously in the temporary custody of an equivalent agency in	245
another state.	246

For the purposes of division (B)(1) of this section, a child	247
shall be considered to have entered the temporary custody of an	248
agency on the earlier of the date the child is adjudicated	249
pursuant to section 2151.28 of the Revised Code or the date that	250
is sixty days after the removal of the child from home.	251

(2) With respect to a motion made pursuant to division (D)(2)	252
of section 2151.413 of the Revised Code, the court shall grant	253
permanent custody of the child to the movant if the court	254
determines in accordance with division (E) of this section that	255
the child cannot be placed with one of the child's parents within	256
a reasonable time or should not be placed with either parent and	257
determines in accordance with division (D) of this section that	258
permanent custody is in the child's best interest.	259

(C) In making the determinations required by this section or	260
division (A)(4) of section 2151.353 of the Revised Code, a court	261
shall not consider the effect the granting of permanent custody to	262
the agency would have upon any parent of the child. A written	263
report of the guardian ad litem of the child shall be submitted to	264
the court prior to or at the time of the hearing held pursuant to	265
division (A) of this section or section 2151.35 of the Revised	266
Code but shall not be submitted under oath.	267

If the court grants permanent custody of a child to a movant	268
under this division, the court, upon the request of any party,	269
shall file a written opinion setting forth its findings of fact	270
and conclusions of law in relation to the proceeding. The court	271
shall not deny an agency's motion for permanent custody solely	272
because the agency failed to implement any particular aspect of	273
the child's case plan.	274

(D)(1) In determining the best interest of a child at a	275
hearing held pursuant to division (A) of this section or for the	276
purposes of division (A)(4) or (5) of section 2151.353 or division	277
(C) of section 2151.415 of the Revised Code, the court shall	278
consider all relevant factors, including, but not limited to, the	279
following:	280

(a) The interaction and interrelationship of the child with	281
the child's parents, siblings, relatives, foster caregivers and	282
out-of-home providers, and any other person who may significantly	283
affect the child;	284

(b) The wishes of the child, as expressed directly by the	285
child or through the child's guardian ad litem, with due regard	286
for the maturity of the child;	287

(c) The custodial history of the child, including whether the	288
child has been in the temporary custody of one or more public	289
children services agencies or private child placing agencies for	290
twelve or more months of a consecutive twenty-two-month period, or	291
the 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	294
and, as described in division (D)(1) of section 2151.413 of the	295
Revised Code, the child was previously in the temporary custody of	296
an equivalent agency in another state;	297

(d) The child's need for a legally secure permanent placement	298
and whether that type of placement can be achieved without a grant	299
of permanent custody to the agency;	300

(e) Whether any of the factors in divisions (E)(7) to (11) of	301
this section apply in relation to the parents and child.	302

For the purposes of division (D)(1) of this section, a child	303
shall be considered to have entered the temporary custody of an	304
agency on the earlier of the date the child is adjudicated	305
pursuant to section 2151.28 of the Revised Code or the date that	306
is sixty days after the removal of the child from home.	307

(2) If all of the following apply, permanent custody is in	308
the best interest of the child, and the court shall commit the	309
child to the permanent custody of a public children services	310
agency or private child placing agency:	311

(a) The court determines by clear and convincing evidence	312
that one or more of the factors in division (E) of this section	313
exist and the child cannot be placed with one of the child's	314
parents within a reasonable time or should not be placed with	315
either parent.	316

(b) The child has been in an agency's custody for two years	317
or longer, and no longer qualifies for temporary custody pursuant	318
to division (D) of section 2151.415 of the Revised Code.	319

(c) The child does not meet the requirements for a planned	320
permanent living arrangement pursuant to division (A)(5) of	321
section 2151.353 of the Revised Code.	322

(d) Prior to the dispositional hearing, no relative or other	323
interested person has filed, or has been identified in, a motion	324
for legal custody of the child.	325

(E) In determining at a hearing held pursuant to division (A)	326
of this section or for the purposes of division (A)(4) of section	327
2151.353 of the Revised Code whether a child cannot be placed with	328
either parent within a reasonable period of time or should not be	329
placed with the parents, the court shall consider all relevant	330
evidence. If the court determines, by clear and convincing	331
evidence, at a hearing held pursuant to division (A) of this	332
section or for the purposes of division (A)(4) of section 2151.353	333
of the Revised Code that one or more of the following exist as to	334
each of the child's parents, the court shall enter a finding that	335
the child cannot be placed with either parent within a reasonable	336
time or should not be placed with either parent:	337

(1) Following the placement of the child outside the child's	338
home and notwithstanding reasonable case planning and diligent	339
efforts by the agency to assist the parents to remedy the problems	340
that initially caused the child to be placed outside the home, the	341
parent has failed continuously and repeatedly to substantially	342
remedy the conditions causing the child to be placed outside the	343
child's home. In determining whether the parents have	344
substantially remedied those conditions, the court shall consider	345
parental utilization of medical, psychiatric, psychological, and	346
other social and rehabilitative services and material resources	347
that were made available to the parents for the purpose of	348
changing parental conduct to allow them to resume and maintain	349
parental duties.	350

(2) Chronic mental illness, chronic emotional illness, mental	351
retardation, physical disability, or chemical dependency of the	352
parent that is so severe that it makes the parent unable to	353
provide an adequate permanent home for the child at the present	354
time and, as anticipated, within one year after the court holds	355
the hearing pursuant to division (A) of this section or for the	356
purposes of division (A)(4) of section 2151.353 of the Revised	357
Code;	358

(3) The parent committed any abuse as described in section	359
2151.031 of the Revised Code against the child, caused the child	360
to suffer any neglect as described in section 2151.03 of the	361
Revised Code, or allowed the child to suffer any neglect as	362
described in section 2151.03 of the Revised Code between the date	363
that the original complaint alleging abuse or neglect was filed	364
and the date of the filing of the motion for permanent custody;	365

(4) The parent has demonstrated a lack of commitment toward	366
the child by failing to regularly support, visit, or communicate	367
with the child when able to do so, or by other actions showing an	368
unwillingness to provide an adequate permanent home for the child;	369

(5) The parent is incarcerated for an offense committed	370
against the child or a sibling of the child;	371

(6) The parent has been convicted of or pleaded guilty to an	372
offense under division (A) or (C) of section 2919.22 or under	373
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	374
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	375
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	376
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	377
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	378
Revised Code, and the child or a sibling of the child was a victim	379
of the offense, or the parent has been convicted of or pleaded	380
guilty to an offense under section 2903.04 of the Revised Code, a	381
sibling of the child was the victim of the offense, and the parent	382
who committed the offense poses an ongoing danger to the child or	383
a sibling of the child.	384

(7) The parent has been convicted of or pleaded guilty to one	385
of the following:	386

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	387
the Revised Code or under an existing or former law of this state,	388
any other state, or the United States that is substantially	389
equivalent to an offense described in those sections and the	390
victim of the offense was a sibling of the child or the victim was	391
another child who lived in the parent's household at the time of	392
the offense;	393

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	394
the Revised Code or under an existing or former law of this state,	395
any other state, or the United States that is substantially	396
equivalent to an offense described in those sections and the	397
victim of the offense is the child, a sibling of the child, or	398
another child who lived in the parent's household at the time of	399
the offense;	400

(c) An offense under division (B)(2) of section 2919.22 of	401
the Revised Code or under an existing or former law of this state,	402
any other state, or the United States that is substantially	403
equivalent to the offense described in that section and the child,	404
a sibling of the child, or another child who lived in the parent's	405
household at the time of the offense is the victim of the offense;	406

(d) An offense under section 2907.02, 2907.03, 2907.04,	407
2907.05, or 2907.06 of the Revised Code or under an existing or	408
former law of this state, any other state, or the United States	409
that is substantially equivalent to an offense described in those	410
sections and the victim of the offense is the child, a sibling of	411
the child, or another child who lived in the parent's household at	412
the time of the offense;	413

(e) An offense under section 2905.32, 2907.21, or 2907.22 of	414
the Revised Code or under an existing or former law of this state,	415
any other state, or the United States that is substantially	416
equivalent to the offense described in that section and the victim	417
of the offense is the child, a sibling of the child, or another	418
child who lived in the parent's household at the time of the	419
offense;	420

(f) A conspiracy or attempt to commit, or complicity in	421
committing, an offense described in division (E)(7)(a) or, (d), or	422
(e) of this section.	423

(8) The parent has repeatedly withheld medical treatment or	424
food from the child when the parent has the means to provide the	425
treatment or food, and, in the case of withheld medical treatment,	426
the parent withheld it for a purpose other than to treat the	427
physical or mental illness or defect of the child by spiritual	428
means through prayer alone in accordance with the tenets of a	429
recognized religious body.	430

(9) The parent has placed the child at substantial risk of	431
harm two or more times due to alcohol or drug abuse and has	432
rejected treatment two or more times or refused to participate in	433
further treatment two or more times after a case plan issued	434
pursuant to section 2151.412 of the Revised Code requiring	435
treatment of the parent was journalized as part of a dispositional	436
order issued with respect to the child or an order was issued by	437
any other court requiring treatment of the parent.	438

(10) The parent has abandoned the child.

439

(11) The parent has had parental rights involuntarily	440
terminated with respect to a sibling of the child pursuant to this	441
section or section 2151.353 or 2151.415 of the Revised Code, or	442
under an existing or former law of this state, any other state, or	443
the United States that is substantially equivalent to those	444
sections, and the parent has failed to provide clear and	445
convincing evidence to prove that, notwithstanding the prior	446
termination, the parent can provide a legally secure permanent	447
placement and adequate care for the health, welfare, and safety of	448
the child.	449

(12) The parent is incarcerated at the time of the filing of	450
the motion for permanent custody or the dispositional hearing of	451
the child and will not be available to care for the child for at	452
least eighteen months after the filing of the motion for permanent	453
custody or the dispositional hearing.	454

(13) The parent is repeatedly incarcerated, and the repeated	455
incarceration prevents the parent from providing care for the	456
child.	457

(14) The parent for any reason is unwilling to provide food,	458
clothing, shelter, and other basic necessities for the child or to	459
prevent the child from suffering physical, emotional, or sexual	460
abuse or physical, emotional, or mental neglect.	461

(15) The parent has committed abuse as described in section	462
2151.031 of the Revised Code against the child or caused or	463
allowed the child to suffer neglect as described in section	464
2151.03 of the Revised Code, and the court determines that the	465
seriousness, nature, or likelihood of recurrence of the abuse or	466
neglect makes the child's placement with the child's parent a	467
threat to the child's safety.	468

(16) Any other factor the court considers relevant.

469

(F) The parents of a child for whom the court has issued an	470
order granting permanent custody pursuant to this section, upon	471
the issuance of the order, cease to be parties to the action. This	472
division is not intended to eliminate or restrict any right of the	473
parents to appeal the granting of permanent custody of their child	474
to a movant pursuant to this section.	475

Sec. 2151.419.  (A)(1) Except as provided in division (A)(2)	476
of this section, at any hearing held pursuant to section 2151.28,	477
division (E) of section 2151.31, or section 2151.314, 2151.33, or	478
2151.353 of the Revised Code at which the court removes a child	479
from the child's home or continues the removal of a child from the	480
child's home, the court shall determine whether the public	481
children services agency or private child placing agency that	482
filed the complaint in the case, removed the child from home, has	483
custody of the child, or will be given custody of the child has	484
made reasonable efforts to prevent the removal of the child from	485
the child's home, to eliminate the continued removal of the child	486
from the child's home, or to make it possible for the child to	487
return safely home. The agency shall have the burden of proving	488
that it has made those reasonable efforts. If the agency removed	489
the child from home during an emergency in which the child could	490
not safely remain at home and the agency did not have prior	491
contact with the child, the court is not prohibited, solely	492
because the agency did not make reasonable efforts during the	493
emergency to prevent the removal of the child, from determining	494
that the agency made those reasonable efforts. In determining	495
whether reasonable efforts were made, the child's health and	496
safety shall be paramount.	497

(2) If any of the following apply, the court shall make a	498
determination that the agency is not required to make reasonable	499
efforts to prevent the removal of the child from the child's home,	500
eliminate the continued removal of the child from the child's	501
home, and return the child to the child's home:	502

(a) The parent from whom the child was removed has been	503
convicted of or pleaded guilty to one of the following:	504

(i) An offense under section 2903.01, 2903.02, or 2903.03 of	505
the Revised Code or under an existing or former law of this state,	506
any other state, or the United States that is substantially	507
equivalent to an offense described in those sections and the	508
victim of the offense was a sibling of the child or the victim was	509
another child who lived in the parent's household at the time of	510
the offense;	511

(ii) An offense under section 2903.11, 2903.12, or 2903.13 of	512
the Revised Code or under an existing or former law of this state,	513
any other state, or the United States that is substantially	514
equivalent to an offense described in those sections and the	515
victim of the offense is the child, a sibling of the child, or	516
another child who lived in the parent's household at the time of	517
the offense;	518

(iii) An offense under division (B)(2) of section 2919.22 of	519
the Revised Code or under an existing or former law of this state,	520
any other state, or the United States that is substantially	521
equivalent to the offense described in that section and the child,	522
a sibling of the child, or another child who lived in the parent's	523
household at the time of the offense is the victim of the offense;	524

(iv) An offense under section 2907.02, 2907.03, 2907.04,	525
2907.05, or 2907.06 of the Revised Code or under an existing or	526
former law of this state, any other state, or the United States	527
that is substantially equivalent to an offense described in those	528
sections and the victim of the offense is the child, a sibling of	529
the child, or another child who lived in the parent's household at	530
the time of the offense;	531

(v) An offense under section 2907.21 or 2907.22 of the	532
Revised Code or under an existing or former law of this state, any	533
other state, or the United States that is substantially equivalent	534
to the offense described in those sections and the victim of the	535
offense is the child, a sibling of the child, or another child who	536
lived in the parent's household at the time of the offense;	537

(vi) An offense under division (A)(1) of section 2907.21 of	538
the Revised Code or under an existing or former law of this state,	539
any other state, or the United States that is substantially	540
equivalent to the offense described in that division and the	541
parent compels another to engage in sexual activity for hire with	542
the child, a sibling of the child, or another child who lived in	543
the parent's household at the time of the offense;	544

(vii) An offense under section 2905.32 of the Revised Code or	545
under an existing or former law of this state, any other state, or	546
the United States that is substantially equivalent to the offense	547
described in that section and the victim of the offense is the	548
child, a sibling of the child, or another child who lived in the	549
parent's household at the time of the offense;	550

(viii) A conspiracy or attempt to commit, or complicity in	551
committing, an offense described in division (A)(2)(a)(i) or,	552
(iv), (v), (vi), or (vii) of this section.	553

(b) The parent from whom the child was removed has repeatedly	554
withheld medical treatment or food from the child when the parent	555
has the means to provide the treatment or food. If the parent has	556
withheld medical treatment in order to treat the physical or	557
mental illness or defect of the child by spiritual means through	558
prayer alone, in accordance with the tenets of a recognized	559
religious body, the court or agency shall comply with the	560
requirements of division (A)(1) of this section.	561

(c) The parent from whom the child was removed has placed the	562
child at substantial risk of harm two or more times due to alcohol	563
or drug abuse and has rejected treatment two or more times or	564
refused to participate in further treatment two or more times	565
after a case plan issued pursuant to section 2151.412 of the	566
Revised Code requiring treatment of the parent was journalized as	567
part of a dispositional order issued with respect to the child or	568
an order was issued by any other court requiring such treatment of	569
the parent.	570

(d) The parent from whom the child was removed has abandoned	571
the child.	572

(e) The parent from whom the child was removed has had	573
parental rights involuntarily terminated with respect to a sibling	574
of the child pursuant to section 2151.353, 2151.414, or 2151.415	575
of the Revised Code or under an existing or former law of this	576
state, any other state, or the United States that is substantially	577
equivalent to those sections.	578

(3) At any hearing in which the court determines whether to	579
return a child to the child's home, the court may issue an order	580
that returns the child in situations in which the conditions	581
described in divisions (A)(2)(a) to (e) of this section are	582
present.	583

(B)(1) A court that is required to make a determination as	584
described in division (A)(1) or (2) of this section shall issue	585
written findings of fact setting forth the reasons supporting its	586
determination. If the court makes a written determination under	587
division (A)(1) of this section, it shall briefly describe in the	588
findings of fact the relevant services provided by the agency to	589
the family of the child and why those services did not prevent the	590
removal of the child from the child's home or enable the child to	591
return safely home.	592

(2) If a court issues an order that returns the child to the	593
child's home in situations in which division (A)(2)(a), (b), (c),	594
(d), or (e) of this section applies, the court shall issue written	595
findings of fact setting forth the reasons supporting its	596
determination.	597

(C) If the court makes a determination pursuant to division	598
(A)(2) of this section, the court shall conduct a review hearing	599
pursuant to section 2151.417 of the Revised Code to approve a	600
permanency plan with respect to the child, unless the court issues	601
an order returning the child home pursuant to division (A)(3) of	602
this section. The hearing to approve the permanency plan may be	603
held immediately following the court's determination pursuant to	604
division (A)(2) of this section and shall be held no later than	605
thirty days following that determination.	606

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	607
or (3) of this section or as otherwise provided in this section, a	608
prosecution shall be barred unless it is commenced within the	609
following periods after an offense is committed:	610

(a) For a felony, six years;

611

(b) For a misdemeanor other than a minor misdemeanor, two	612
years;	613

(c) For a minor misdemeanor, six months.

614

(2) There is no period of limitation for the prosecution of a	615
violation of section 2903.01 or 2903.02 of the Revised Code.	616

(3) Except as otherwise provided in divisions (B) to (H) of	617
this section, a prosecution of any of the following offenses shall	618
be barred unless it is commenced within twenty years after the	619
offense is committed:	620

(a) A violation of section 2903.03, 2903.04, 2905.01,	621
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,	622
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,	623
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised	624
Code, a violation of section 2903.11 or 2903.12 of the Revised	625
Code if the victim is a peace officer, a violation of section	626
2903.13 of the Revised Code that is a felony, or a violation of	627
former section 2907.12 of the Revised Code;	628

(b) A conspiracy to commit, attempt to commit, or complicity	629
in committing a violation set forth in division (A)(3)(a) of this	630
section.	631

(B)(1) Except as otherwise provided in division (B)(2) of	632
this section, if the period of limitation provided in division	633
(A)(1) or (3) of this section has expired, prosecution shall be	634
commenced for an offense of which an element is fraud or breach of	635
a fiduciary duty, within one year after discovery of the offense	636
either by an aggrieved person, or by the aggrieved person's legal	637
representative who is not a party to the offense.	638

(2) If the period of limitation provided in division (A)(1)	639
or (3) of this section has expired, prosecution for a violation of	640
section 2913.49 of the Revised Code shall be commenced within five	641
years after discovery of the offense either by an aggrieved person	642
or the aggrieved person's legal representative who is not a party	643
to the offense.	644

(C)(1) If the period of limitation provided in division	645
(A)(1) or (3) of this section has expired, prosecution shall be	646
commenced for the following offenses during the following	647
specified periods of time:	648

(a) For an offense involving misconduct in office by a public	649
servant, at any time while the accused remains a public servant,	650
or within two years thereafter;	651

(b) For an offense by a person who is not a public servant	652
but whose offense is directly related to the misconduct in office	653
of a public servant, at any time while that public servant remains	654
a public servant, or within two years thereafter.	655

(2) As used in this division:

656

(a) An "offense is directly related to the misconduct in	657
office of a public servant" includes, but is not limited to, a	658
violation of section 101.71, 101.91, 121.61 or 2921.13, division	659
(F) or (H) of section 102.03, division (A) of section 2921.02,	660
division (A) or (B) of section 2921.43, or division (F) or (G) of	661
section 3517.13 of the Revised Code, that is directly related to	662
an offense involving misconduct in office of a public servant.	663

(b) "Public servant" has the same meaning as in section	664
2921.01 of the Revised Code.	665

(D) An offense is committed when every element of the offense	666
occurs. In the case of an offense of which an element is a	667
continuing course of conduct, the period of limitation does not	668
begin to run until such course of conduct or the accused's	669
accountability for it terminates, whichever occurs first.	670

(E) A prosecution is commenced on the date an indictment is	671
returned or an information filed, or on the date a lawful arrest	672
without a warrant is made, or on the date a warrant, summons,	673
citation, or other process is issued, whichever occurs first. A	674
prosecution is not commenced by the return of an indictment or the	675
filing of an information unless reasonable diligence is exercised	676
to issue and execute process on the same. A prosecution is not	677
commenced upon issuance of a warrant, summons, citation, or other	678
process, unless reasonable diligence is exercised to execute the	679
same.	680

(F) The period of limitation shall not run during any time	681
when the corpus delicti remains undiscovered.	682

(G) The period of limitation shall not run during any time	683
when the accused purposely avoids prosecution. Proof that the	684
accused departed this state or concealed the accused's identity or	685
whereabouts is prima-facie evidence of the accused's purpose to	686
avoid prosecution.	687

(H) The period of limitation shall not run during any time a	688
prosecution against the accused based on the same conduct is	689
pending in this state, even though the indictment, information, or	690
process that commenced the prosecution is quashed or the	691
proceedings on the indictment, information, or process are set	692
aside or reversed on appeal.	693

(I) The period of limitation for a violation of any provision	694
of Title XXIX of the Revised Code that involves a physical or	695
mental wound, injury, disability, or condition of a nature that	696
reasonably indicates abuse or neglect of a child under eighteen	697
years of age or of a mentally retarded, developmentally disabled,	698
or physically impaired child under twenty-one years of age shall	699
not begin to run until either of the following occurs:	700

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

701

(2) A public children services agency, or a municipal or	702
county peace officer that is not the parent or guardian of the	703
child, in the county in which the child resides or in which the	704
abuse or neglect is occurring or has occurred has been notified	705
that abuse or neglect is known, suspected, or believed to have	706
occurred.	707

(J) As used in this section, "peace officer" has the same	708
meaning as in section 2935.01 of the Revised Code.	709

Sec. 2905.32. (A) No person shall knowingly recruit, lure,	710
entice, isolate, harbor, transport, provide, obtain, or maintain,	711
or knowingly attempt to recruit, lure, entice, isolate, harbor,	712
transport, provide, obtain, or maintain, another person knowing	713
that the person will be subjected to involuntary servitude or be	714
compelled to engage in sexual activity for hire, engage in a	715
performance that is obscene, sexually oriented, or nudity	716
oriented, or be a model or participant in the production of	717
material that is obscene, sexually oriented, or nudity oriented.	718

(B) No person shall knowingly recruit, lure, entice, isolate,	719
harbor, transport, provide, obtain, or maintain, or knowingly	720
attempt to recruit, lure, entice, isolate, harbor, transport,	721
provide, obtain, or maintain, a person who is less than eighteen	722
years of age or is a developmentally disabled person knowing that	723
the person will be subjected to involuntary servitude or for any	724
of the following purposes:	725

(a) To engage in sexual activity for hire;

726

(b) To engage in a performance for hire that is obscene,	727
sexually oriented, or nudity oriented;	728

(c) To be a model or participant for hire in the production	729
of material that is obscene, sexually oriented, or nudity	730
oriented.	731

(C) For a prosecution under division (A) of this section, the	732
element "compelled" does not require that the compulsion be openly	733
displayed or physically exerted. The element "compelled" has been	734
established if the state proves that the victim's will was	735
overcome by force, fear, duress, or intimidation.	736

(C)(D) In a prosecution under this section, proof that the	737
defendant engaged in sexual activity with any person, or solicited	738
sexual activity with any person, whether or not for hire, without	739
more, does not constitute a violation of this section.	740

(D)(E) A prosecution for a violation of this section does not	741
preclude a prosecution of a violation of any other section of the	742
Revised Code. One or more acts, a series of acts, or a course of	743
behavior that can be prosecuted under this section or any other	744
section of the Revised Code may be prosecuted under this section,	745
the other section of the Revised Code, or both sections. However,	746
if an offender is convicted of or pleads guilty to a violation of	747
this section and also is convicted of or pleads guilty to a	748
violation of section 2907.21 of the Revised Code based on the same	749
conduct involving the same victim that was the basis of the	750
violation of this section, or is convicted of or pleads guilty to	751
any other violation of Chapter 2907. of the Revised Code based on	752
the same conduct involving the same victim that was the basis of	753
the violation of this section, the two offenses are allied	754
offenses of similar import under section 2941.25 of the Revised	755
Code.	756

(E)(F) Evidence of specific instances of the victim's sexual	757
activity, opinion evidence of the victim's sexual activity, and	758
reputation evidence of the victim's sexual activity, shall not be	759
admitted under this section unless it involves evidence of the	760
origin of semen, pregnancy, or disease, or the victim's past	761
sexual activity with the offender, and only to the extent that the	762
court finds that the evidence is material to a fact at issue in	763
the case and that its inflammatory or prejudicial nature does not	764
outweigh its probative value.	765

As used in this division, sexual activity includes both	766
voluntary and involuntary sexual activity.	767

(G) Whoever violates this section is guilty of trafficking in	768
persons, a felony of the first degree. Notwithstanding division	769
(A)(1) of section 2929.14 of the Revised Code, the court shall	770
sentence the offender to a definite prison term of ten, eleven,	771
twelve, thirteen, fourteen, or fifteen years.	772

(H) As used in this section:

773

(1) "Developmentally disabled person" has the same meaning as	774
in section 5123.01 of the Revised Code.	775

(2) "For hire" means done in exchange for anything of value	776
given to or received by any person.	777

Sec. 2907.02.  (A)(1) No person shall engage in sexual	778
conduct with another who is not the spouse of the offender or who	779
is the spouse of the offender but is living separate and apart	780
from the offender, when any of the following applies:	781

(a) For the purpose of preventing resistance, the offender	782
substantially impairs the other person's judgment or control by	783
administering any drug, intoxicant, or controlled substance to the	784
other person surreptitiously or by force, threat of force, or	785
deception.	786

(b) The other person is less than thirteen years of age,	787
whether or not the offender knows the age of the other person.	788

(c) The other person's ability to resist or consent is	789
substantially impaired because of a mental or physical condition	790
or because of advanced age, and the offender knows or has	791
reasonable cause to believe that the other person's ability to	792
resist or consent is substantially impaired because of a mental or	793
physical condition or because of advanced age.	794

(2) No person shall engage in sexual conduct with another	795
when the offender purposely compels the other person to submit by	796
force or threat of force.	797

(B) Whoever violates this section is guilty of rape, a felony	798
of the first degree. If the offender under division (A)(1)(a) of	799
this section substantially impairs the other person's judgment or	800
control by administering any controlled substance described in	801
section 3719.41 of the Revised Code to the other person	802
surreptitiously or by force, threat of force, or deception, the	803
prison term imposed upon the offender shall be one of the prison	804
terms prescribed for a felony of the first degree in section	805
2929.14 of the Revised Code that is not less than five years.	806
Except as otherwise provided in this division, notwithstanding	807
sections 2929.11 to 2929.14 of the Revised Code, an offender under	808
division (A)(1)(b) of this section shall be sentenced to a prison	809
term or term of life imprisonment pursuant to section 2971.03 of	810
the Revised Code. If an offender is convicted of or pleads guilty	811
to a violation of division (A)(1)(b) of this section, if the	812
offender was less than sixteen years of age at the time the	813
offender committed the violation of that division, and if the	814
offender during or immediately after the commission of the offense	815
did not cause serious physical harm to the victim, the victim was	816
ten years of age or older at the time of the commission of the	817
violation, and the offender has not previously been convicted of	818
or pleaded guilty to a violation of this section or a	819
substantially similar existing or former law of this state,	820
another state, or the United States, the court shall not sentence	821
the offender to a prison term or term of life imprisonment	822
pursuant to section 2971.03 of the Revised Code, and instead the	823
court shall sentence the offender as otherwise provided in this	824
division. If an offender under division (A)(1)(b) of this section	825
previously has been convicted of or pleaded guilty to violating	826
division (A)(1)(b) of this section or to violating an existing or	827
former law of this state, another state, or the United States that	828
is substantially similar to division (A)(1)(b) of this section, if	829
the offender during or immediately after the commission of the	830
offense caused serious physical harm to the victim, or if the	831
victim under division (A)(1)(b) of this section is less than ten	832
years of age, in lieu of sentencing the offender to a prison term	833
or term of life imprisonment pursuant to section 2971.03 of the	834
Revised Code, the court may impose upon the offender a term of	835
life without parole. If the court imposes a term of life without	836
parole pursuant to this division, division (F) of section 2971.03	837
of the Revised Code applies, and the offender automatically is	838
classified a tier III sex offender/child-victim offender, as	839
described in that division.	840

(C) A victim need not prove physical resistance to the	841
offender in prosecutions under this section.	842

(D)(1) Evidence of specific instances of the victim's sexual	843
activity, opinion evidence of the victim's sexual activity, and	844
reputation evidence of the victim's sexual activity shall not be	845
admitted under this section unless it involves evidence of the	846
origin of semen, pregnancy, or disease, or the victim's past	847
sexual activity with the offender, and only to the extent that the	848
court finds that the evidence is material to a fact at issue in	849
the case and that its inflammatory or prejudicial nature does not	850
outweigh its probative value.	851

(2) Evidence of specific instances of the defendant's sexual	852
activity, opinion evidence of the defendant's sexual activity, and	853
reputation evidence of the defendant's sexual activity shall not	854
be admitted under this section unless it involves evidence of the	855
origin of semen, pregnancy, or disease, the defendant's past	856
sexual activity with the victim, or is admissible against the	857
defendant under section 2945.59 of the Revised Code, and only to	858
the extent that the court finds that the evidence is material to a	859
fact at issue in the case and that its inflammatory or prejudicial	860
nature does not outweigh its probative value.	861

(3) As used in division (D)(1) of this section, sexual	862
activity includes both voluntary and involuntary sexual activity.	863

(E) Prior to taking testimony or receiving evidence of any	864
sexual activity of the victim or the defendant in a proceeding	865
under this section, the court shall resolve the admissibility of	866
the proposed evidence in a hearing in chambers, which shall be	867
held at or before preliminary hearing and not less than three days	868
before trial, or for good cause shown during the trial.	869

(F) Upon approval by the court, the victim may be represented	870
by counsel in any hearing in chambers or other proceeding to	871
resolve the admissibility of evidence. If the victim is indigent	872
or otherwise is unable to obtain the services of counsel, the	873
court, upon request, may appoint counsel to represent the victim	874
without cost to the victim.	875

(G) It is not a defense to a charge under division (A)(2) of	876
this section that the offender and the victim were married or were	877
cohabiting at the time of the commission of the offense.	878

Sec. 2907.05.  (A) No person shall have sexual contact with	879
another, not the spouse of the offender; cause another, not the	880
spouse of the offender, to have sexual contact with the offender;	881
or cause two or more other persons to have sexual contact when any	882
of the following applies:	883

(1) The offender purposely compels the other person, or one	884
of the other persons, to submit by force or threat of force.	885

(2) For the purpose of preventing resistance, the offender	886
substantially impairs the judgment or control of the other person	887
or of one of the other persons by administering any drug,	888
intoxicant, or controlled substance to the other person	889
surreptitiously or by force, threat of force, or deception.	890

(3) The offender knows that the judgment or control of the	891
other person or of one of the other persons is substantially	892
impaired as a result of the influence of any drug or intoxicant	893
administered to the other person with the other person's consent	894
for the purpose of any kind of medical or dental examination,	895
treatment, or surgery.	896

(4) The other person, or one of the other persons, is less	897
than thirteen years of age, whether or not the offender knows the	898
age of that person.	899

(5) The ability of the other person to resist or consent or	900
the ability of one of the other persons to resist or consent is	901
substantially impaired because of a mental or physical condition	902
or because of advanced age, and the offender knows or has	903
reasonable cause to believe that the ability to resist or consent	904
of the other person or of one of the other persons is	905
substantially impaired because of a mental or physical condition	906
or because of advanced age.	907

(B) No person shall knowingly touch the genitalia of another,	908
when the touching is not through clothing, the other person is	909
less than twelve years of age, whether or not the offender knows	910
the age of that person, and the touching is done with an intent to	911
abuse, humiliate, harass, degrade, or arouse or gratify the sexual	912
desire of any person.	913

(C) Whoever violates this section is guilty of gross sexual	914
imposition.	915

(1) Except as otherwise provided in this section, gross	916
sexual imposition committed in violation of division (A)(1), (2),	917
(3), or (5) of this section is a felony of the fourth degree. If	918
the offender under division (A)(2) of this section substantially	919
impairs the judgment or control of the other person or one of the	920
other persons by administering any controlled substance described	921
in section 3719.41 of the Revised Code to the person	922
surreptitiously or by force, threat of force, or deception, gross	923
sexual imposition committed in violation of division (A)(2) of	924
this section is a felony of the third degree.	925

(2) Gross sexual imposition committed in violation of	926
division (A)(4) or (B) of this section is a felony of the third	927
degree. Except as otherwise provided in this division, for gross	928
sexual imposition committed in violation of division (A)(4) or (B)	929
of this section there is a presumption that a prison term shall be	930
imposed for the offense. The court shall impose on an offender	931
convicted of gross sexual imposition in violation of division	932
(A)(4) or (B) of this section a mandatory prison term equal to one	933
of the prison terms prescribed in section 2929.14 of the Revised	934
Code for a felony of the third degree if either of the following	935
applies:	936

(a) Evidence other than the testimony of the victim was	937
admitted in the case corroborating the violation;	938

(b) The offender previously was convicted of or pleaded	939
guilty to a violation of this section, rape, the former offense of	940
felonious sexual penetration, or sexual battery, and the victim of	941
the previous offense was less than thirteen years of age.	942

(D) A victim need not prove physical resistance to the	943
offender in prosecutions under this section.	944

(E)(1) Evidence of specific instances of the victim's sexual	945
activity, opinion evidence of the victim's sexual activity, and	946
reputation evidence of the victim's sexual activity shall not be	947
admitted under this section unless it involves evidence of the	948
origin of semen, pregnancy, or disease, or the victim's past	949
sexual activity with the offender, and only to the extent that the	950
court finds that the evidence is material to a fact at issue in	951
the case and that its inflammatory or prejudicial nature does not	952
outweigh its probative value.	953

(2) Evidence of specific instances of the defendant's sexual	954
activity, opinion evidence of the defendant's sexual activity, and	955
reputation evidence of the defendant's sexual activity shall not	956
be admitted under this section unless it involves evidence of the	957
origin of semen, pregnancy, or disease, the defendant's past	958
sexual activity with the victim, or is admissible against the	959
defendant under section 2945.59 of the Revised Code, and only to	960
the extent that the court finds that the evidence is material to a	961
fact at issue in the case and that its inflammatory or prejudicial	962
nature does not outweigh its probative value.	963

(3) As used in division (E)(1) of this section, sexual	964
activity includes both voluntary and involuntary sexual activity.	965

(F) Prior to taking testimony or receiving evidence of any	966
sexual activity of the victim or the defendant in a proceeding	967
under this section, the court shall resolve the admissibility of	968
the proposed evidence in a hearing in chambers, which shall be	969
held at or before preliminary hearing and not less than three days	970
before trial, or for good cause shown during the trial.	971

(G) Upon approval by the court, the victim may be represented	972
by counsel in any hearing in chambers or other proceeding to	973
resolve the admissibility of evidence. If the victim is indigent	974
or otherwise is unable to obtain the services of counsel, the	975
court, upon request, may appoint counsel to represent the victim	976
without cost to the victim.	977

Sec. 2907.07.  (A) No person shall solicit a person who is	978
less than thirteen years of age to engage in sexual activity with	979
the offender, whether or not the offender knows the age of such	980
person.	981

(B)(1) No person shall solicit another, not the spouse of the	982
offender, to engage in sexual conduct with the offender, when the	983
offender is eighteen years of age or older and four or more years	984
older than the other person, and the other person is thirteen	985
years of age or older but less than sixteen years of age, whether	986
or not the offender knows the age of the other person.	987

(2) No person shall solicit another, not the spouse of the	988
offender, to engage in sexual conduct with the offender, when the	989
offender is eighteen years of age or older and four or more years	990
older than the other person, and the other person is sixteen or	991
seventeen years of age and a victim of a violation of section	992
2905.32 of the Revised Code, andwhether or not the offender knows	993
or has reckless disregard of the age of the other person, or the	994
other person is a developmentally disabled person.	995

(3) As used in division (B)(2) of this section,	996
"developmentally disabled person" has the same meaning as in	997
section 5123.01 of the Revised Code.	998

(C) No person shall solicit another by means of a	999
telecommunications device, as defined in section 2913.01 of the	1000
Revised Code, to engage in sexual activity with the offender when	1001
the offender is eighteen years of age or older and either of the	1002
following applies:	1003

(1) The other person is less than thirteen years of age, and	1004
the offender knows that the other person is less than thirteen	1005
years of age or is reckless in that regard.	1006

(2) The other person is a law enforcement officer posing as a	1007
person who is less than thirteen years of age, and the offender	1008
believes that the other person is less than thirteen years of age	1009
or is reckless in that regard.	1010

(D) No person shall solicit another by means of a	1011
telecommunications device, as defined in section 2913.01 of the	1012
Revised Code, to engage in sexual activity with the offender when	1013
the offender is eighteen years of age or older and either of the	1014
following applies:	1015

(1) The other person is thirteen years of age or older but	1016
less than sixteen years of age, the offender knows that the other	1017
person is thirteen years of age or older but less than sixteen	1018
years of age or is reckless in that regard, and the offender is	1019
four or more years older than the other person.	1020

(2) The other person is a law enforcement officer posing as a	1021
person who is thirteen years of age or older but less than sixteen	1022
years of age, the offender believes that the other person is	1023
thirteen years of age or older but less than sixteen years of age	1024
or is reckless in that regard, and the offender is four or more	1025
years older than the age the law enforcement officer assumes in	1026
posing as the person who is thirteen years of age or older but	1027
less than sixteen years of age.	1028

(E) Divisions (C) and (D) of this section apply to any	1029
solicitation that is contained in a transmission via a	1030
telecommunications device that either originates in this state or	1031
is received in this state.	1032

(F)(1) Whoever violates this section is guilty of	1033
importuning.	1034

(2) Except as otherwise provided in this division, a	1035
violation of division (A) or (C) of this section is a felony of	1036
the third degree on a first offense, and, notwithstanding division	1037
(C) of section 2929.13 of the Revised Code, there is a presumption	1038
that a prison term shall be imposed as described in division (D)	1039
of section 2929.13 of the Revised Code. If the offender previously	1040
has been convicted of a sexually oriented offense or a	1041
child-victim oriented offense, a violation of division (A) or (C)	1042
of this section is a felony of the second degree, and the court	1043
shall impose upon the offender as a mandatory prison term one of	1044
the prison terms prescribed in section 2929.14 of the Revised Code	1045
for a felony of the second degree.	1046

(3) A violation of division (B) or (D) of this section is a	1047
felony of the fifth degree on a first offense, and,	1048
notwithstanding division (B) of section 2929.13 of the Revised	1049
Code, there is a presumption that a prison term shall be imposed	1050
as described in division (D) of section 2929.13 of the Revised	1051
Code. If the offender previously has been convicted of a sexually	1052
oriented offense or a child-victim oriented offense, a violation	1053
of division (B) or (D) of this section is a felony of the fourth	1054
degree, and the court shall impose upon the offender as a	1055
mandatory prison term one of the prison terms prescribed in	1056
section 2929.14 of the Revised Code for a felony of the fourth	1057
degree that is not less than twelve months in duration.	1058

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

1059

(1) "Advertisement for sexual activity for hire" or	1060
"advertisement" means any advertisement or offer in electronic or	1061
print media that includes an explicit or implicit offer for sexual	1062
activity for hire to occur in this state.	1063

(2) "Depiction" means any photograph, film, videotape, visual	1064
material, or printed material.	1065

(3) "Person" has the same meaning as in section 1.59 of the	1066
Revised Code.	1067

(B)(1) No person shall knowingly purchase or otherwise obtain	1068
advertising space for an advertisement for sexual activity for	1069
hire that includes a depiction of a minor.	1070

(2) No person shall knowingly publish, disseminate, or	1071
display or directly or indirectly cause to be published,	1072
disseminated, or displayed any advertisement for sexual activity	1073
for hire that includes the depiction of a minor.	1074

(C) Whoever violates this section is guilty of commercial	1075
sexual exploitation of a minor, a felony of the third degree.	1076

(D)(1) In any prosecution under this section, it is not a	1077
defense that the offender did not know the age of the person	1078
depicted in the advertisement, relied on an oral or written	1079
representation of the age of the person depicted in the	1080
advertisement, or relied on the apparent age of the person	1081
depicted in the advertisement.	1082

(2) In any prosecution under this section, it is an	1083
affirmative defense that the offender, prior to purchasing	1084
advertising space for the advertisement, made a reasonable bona	1085
fide attempt to ascertain the true age of the person depicted in	1086
the advertisement by requiring the person depicted in the	1087
advertisement to produce a driver's license, marriage license,	1088
birth certificate, or other government issued or school issued	1089
document that identifies the age of the person, provided the	1090
offender retains and produces a copy or other record of the	1091
driver's license, marriage license, birth certificate, or other	1092
document used to ascertain the age of the person depicted in the	1093
advertisement.	1094

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

1095

(1) Establish, maintain, operate, manage, supervise, control,	1096
or have an interest in a brothel or any other enterprise that	1097
through electronic means promotes or facilitates sexual activity	1098
for hire;	1099

(2) Supervise, manage, or control the activities of a	1100
prostitute in engaging in sexual activity for hire;	1101

(3) Transport another, or cause another to be transported	1102
across the boundary of this state or of any county in this state,	1103
in order to facilitate the other person's engaging in sexual	1104
activity for hire;	1105

(4) For the purpose of violating or facilitating a violation	1106
of this section, induce or procure another to engage in sexual	1107
activity for hire.	1108

(B) Whoever violates this section is guilty of promoting	1109
prostitution. Except as otherwise provided in this division,	1110
promoting prostitution is a felony of the fourth degree. If any	1111
prostitute in the brothel involved in the offense, or the	1112
prostitute whose activities are supervised, managed, or controlled	1113
by the offender, or the person transported, induced, or procured	1114
by the offender to engage in sexual activity for hire, is a minor,	1115
whether or not the offender knows the age of the minor, then	1116
promoting prostitution is a felony of the third degree. If the	1117
offender in any case also is convicted of or pleads guilty to a	1118
specification as described in section 2941.1422 of the Revised	1119
Code that was included in the indictment, count in the indictment,	1120
or information charging the offense, the court shall sentence the	1121
offender to a mandatory prison term as provided in division (B)(7)	1122
of section 2929.14 of the Revised Code and shall order the	1123
offender to make restitution as provided in division (B)(8) of	1124
section 2929.18 of the Revised Code.	1125

Sec. 2907.24.  (A)(1) No person shall solicit another who is	1126
eighteen years of age or older to engage with such other person in	1127
sexual activity for hire.	1128

(2) No person shall solicit another who is less than eighteen	1129
years of age or is a developmentally disabled person to engage	1130
with such other person in sexual activity for hire.	1131

(B) No person, with knowledge that the person has tested	1132
positive as a carrier of a virus that causes acquired	1133
immunodeficiency syndrome, shall engage in conduct in violation of	1134
division (A) of this section.	1135

(C)(1) Whoever violates division (A) of this section is	1136
guilty of soliciting,. A violation of division (A)(1) of this	1137
section is a misdemeanor of the third degree. A violation of	1138
division (A)(2) of this section is a felony of the third degree.	1139

(2) Whoever violates division (B) of this section is guilty	1140
of engaging in solicitation after a positive HIV test. If the	1141
offender commits the violation prior to July 1, 1996, engaging in	1142
solicitation after a positive HIV test is a felony of the second	1143
degree. If the offender commits the violation on or after July 1,	1144
1996, engaging in solicitation after a positive HIV test is a	1145
felony of the third degree.	1146

(D) If a person is convicted of or pleads guilty to a	1147
violation of any provision of this section, an attempt to commit a	1148
violation of any provision of this section, or a violation of or	1149
an attempt to commit a violation of a municipal ordinance that is	1150
substantially equivalent to any provision of this section and if	1151
the person, in committing or attempting to commit the violation,	1152
was in, was on, or used a motor vehicle, the court, in addition to	1153
or independent of all other penalties imposed for the violation,	1154
may impose upon the offender a class six suspension of the	1155
person's driver's license, commercial driver's license, temporary	1156
instruction permit, probationary license, or nonresident operating	1157
privilege from the range specified in division (A)(6) of section	1158
4510.02 of the Revised Code. In lieu of imposing upon the offender	1159
the class six suspension, the court instead may require the	1160
offender to perform community service for a number of hours	1161
determined by the court.	1162

(E) It is an affirmative defense to a charge under division	1163
(B) of this section that the defendant, at the time the defendant	1164
engaged in the prohibited conduct, was being victimized by a	1165
violation of section 2905.32 of the Revised Code, regardless of	1166
whether anyone has been convicted of a violation of that section	1167
or any other section of the Revised Code for victimizing the	1168
defendant.	1169

(F) As used in this section:

1170

(1) "Developmentally disabled person" has the same meaning as	1171
in section 5123.01 of the Revised Code.	1172

(2) "Sexually oriented offense" and "child-victim oriented	1173
offense" have the same meanings as in section 2950.01 of the	1174
Revised Code.	1175

Sec. 2907.241.  (A) No person, with purpose to solicit	1176
another to engage in sexual activity for hire and while in or near	1177
a public place, shall do any of the following:	1178

(1) Beckon to, stop, or attempt to stop another;

1179

(2) Engage or attempt to engage another in conversation;

1180

(3) Stop or attempt to stop the operator of a vehicle or	1181
approach a stationary vehicle;	1182

(4) If the offender is the operator of or a passenger in a	1183
vehicle, stop, attempt to stop, beckon to, attempt to beckon to,	1184
or entice another to approach or enter the vehicle of which the	1185
offender is the operator or in which the offender is the	1186
passenger;	1187

(5) Interfere with the free passage of another.

1188

(B) No person, with knowledge that the person has tested	1189
positive as a carrier of a virus that causes acquired	1190
immunodeficiency syndrome, shall engage in conduct in violation of	1191
division (A) of this section.	1192

(C) As used in this section:

1193

(1) "Vehicle" has the same meaning as in section 4501.01 of	1194
the Revised Code.	1195

(2) "Public place" means any of the following:

1196

(a) A street, road, highway, thoroughfare, bikeway, walkway,	1197
sidewalk, bridge, alley, alleyway, plaza, park, driveway, parking	1198
lot, or transportation facility;	1199

(b) A doorway or entrance way to a building that fronts on a	1200
place described in division (C)(2)(a) of this section;	1201

(c) A place not described in division (C)(2)(a) or (b) of	1202
this section that is open to the public.	1203

(D) It is an affirmative defense to a charge under division	1204
(B) of this section that the defendant, at the time the defendant	1205
engaged in the prohibited conduct, was being victimized by a	1206
violation of section 2905.32 of the Revised Code, regardless of	1207
whether anyone has been convicted of a violation of that section	1208
or any other section of the Revised Code for victimizing the	1209
defendant.	1210

(E)(1) Whoever violates division (A) of this section is	1211
guilty of loitering to engage in solicitation, a misdemeanor of	1212
the third degree.	1213

(2) Whoever violates division (B) of this section is guilty	1214
of loitering to engage in solicitation after a positive HIV test.	1215
If the offender commits the violation prior to July 1, 1996,	1216
loitering to engage in solicitation after a positive HIV test is a	1217
felony of the fourth degree. If the offender commits the violation	1218
on or after July 1, 1996, loitering to engage in solicitation	1219
after a positive HIV test is a felony of the fifth degree.	1220

Sec. 2907.25.  (A) No person shall engage in sexual activity	1221
for hire.	1222

(B) No person, with knowledge that the person has tested	1223
positive as a carrier of a virus that causes acquired	1224
immunodeficiency syndrome, shall engage in sexual activity for	1225
hire.	1226

(C) It is an affirmative defense to a charge under division	1227
(B) of this section that the defendant, at the time the defendant	1228
engaged in the prohibited conduct, was being victimized by a	1229
violation of section 2905.32 of the Revised Code, regardless of	1230
whether anyone has been convicted of a violation of that section	1231
or any other section of the Revised Code for victimizing the	1232
defendant.	1233

(D)(1) Whoever violates division (A) of this section is	1234
guilty of prostitution, a misdemeanor of the third degree.	1235

(2) Whoever violates division (B) of this section is guilty	1236
of engaging in prostitution after a positive HIV test. If the	1237
offender commits the violation prior to July 1, 1996, engaging in	1238
prostitution after a positive HIV test is a felony of the second	1239
degree. If the offender commits the violation on or after July 1,	1240
1996, engaging in prostitution after a positive HIV test is a	1241
felony of the third degree.	1242

Sec. 2927.17.  (A) Except as provided in division (B) of this	1243
section, no person, by means of a statement, solicitation, or	1244
offer in a print or electronic publication, sign, placard,	1245
storefront display, or other medium, shall advertise the practice	1246
of massage or, directly or by implication, relaxation massage or	1247
any other massage technique or method.	1248

(B) Division (A) of this section does not apply to any of the	1249
following if the services advertised are within the scope of	1250
practice for which the individual who performs the services is	1251
certified or licensed:	1252

(1) An individual who holds a certificate or license issued	1253
under Title XLVII of the Revised Code that authorizes the	1254
certificate or license holder to practice massage or a massage	1255
technique or method;	1256

(2) A person that employs or contracts with an individual who	1257
holds a certificate or license issued under Title XLVII of the	1258
Revised Code that authorizes the certificate or license holder to	1259
practice massage or a massage technique or method;	1260

(3) An individual who holds a certificate or license issued	1261
by a political subdivision of this state to engage in massage;	1262

(4) A person that holds a certificate or license issued by a	1263
political subdivision of this state to operate a massage	1264
establishment.	1265

(C) Whoever violates this section is guilty of unlawful	1266
advertising of massage, a felony of the fifth degree.	1267

Sec. 2929.01.  As used in this chapter:

1268

(A)(1) "Alternative residential facility" means, subject to	1269
division (A)(2) of this section, any facility other than an	1270
offender's home or residence in which an offender is assigned to	1271
live and that satisfies all of the following criteria:	1272

(a) It provides programs through which the offender may seek	1273
or maintain employment or may receive education, training,	1274
treatment, or habilitation.	1275

(b) It has received the appropriate license or certificate	1276
for any specialized education, training, treatment, habilitation,	1277
or other service that it provides from the government agency that	1278
is responsible for licensing or certifying that type of education,	1279
training, treatment, habilitation, or service.	1280

(2) "Alternative residential facility" does not include a	1281
community-based correctional facility, jail, halfway house, or	1282
prison.	1283

(B) "Basic probation supervision" means a requirement that	1284
the offender maintain contact with a person appointed to supervise	1285
the offender in accordance with sanctions imposed by the court or	1286
imposed by the parole board pursuant to section 2967.28 of the	1287
Revised Code. "Basic probation supervision" includes basic parole	1288
supervision and basic post-release control supervision.	1289

(C) "Cocaine," "hashish," "L.S.D.," and "unit dose" have the	1290
same meanings as in section 2925.01 of the Revised Code.	1291

(D) "Community-based correctional facility" means a	1292
community-based correctional facility and program or district	1293
community-based correctional facility and program developed	1294
pursuant to sections 2301.51 to 2301.58 of the Revised Code.	1295

(E) "Community control sanction" means a sanction that is not	1296
a prison term and that is described in section 2929.15, 2929.16,	1297
2929.17, or 2929.18 of the Revised Code or a sanction that is not	1298
a jail term and that is described in section 2929.26, 2929.27, or	1299
2929.28 of the Revised Code. "Community control sanction" includes	1300
probation if the sentence involved was imposed for a felony that	1301
was committed prior to July 1, 1996, or if the sentence involved	1302
was imposed for a misdemeanor that was committed prior to January	1303
1, 2004.	1304

(F) "Controlled substance," "marihuana," "schedule I," and	1305
"schedule II" have the same meanings as in section 3719.01 of the	1306
Revised Code.	1307

(G) "Curfew" means a requirement that an offender during a	1308
specified period of time be at a designated place.	1309

(H) "Day reporting" means a sanction pursuant to which an	1310
offender is required each day to report to and leave a center or	1311
other approved reporting location at specified times in order to	1312
participate in work, education or training, treatment, and other	1313
approved programs at the center or outside the center.	1314

(I) "Deadly weapon" has the same meaning as in section	1315
2923.11 of the Revised Code.	1316

(J) "Drug and alcohol use monitoring" means a program under	1317
which an offender agrees to submit to random chemical analysis of	1318
the offender's blood, breath, or urine to determine whether the	1319
offender has ingested any alcohol or other drugs.	1320

(K) "Drug treatment program" means any program under which a	1321
person undergoes assessment and treatment designed to reduce or	1322
completely eliminate the person's physical or emotional reliance	1323
upon alcohol, another drug, or alcohol and another drug and under	1324
which the person may be required to receive assessment and	1325
treatment on an outpatient basis or may be required to reside at a	1326
facility other than the person's home or residence while	1327
undergoing assessment and treatment.	1328

(L) "Economic loss" means any economic detriment suffered by	1329
a victim as a direct and proximate result of the commission of an	1330
offense and includes any loss of income due to lost time at work	1331
because of any injury caused to the victim, and any property loss,	1332
medical cost, or funeral expense incurred as a result of the	1333
commission of the offense. "Economic loss" does not include	1334
non-economic loss or any punitive or exemplary damages.	1335

(M) "Education or training" includes study at, or in	1336
conjunction with a program offered by, a university, college, or	1337
technical college or vocational study and also includes the	1338
completion of primary school, secondary school, and literacy	1339
curricula or their equivalent.	1340

(N) "Firearm" has the same meaning as in section 2923.11 of	1341
the Revised Code.	1342

(O) "Halfway house" means a facility licensed by the division	1343
of parole and community services of the department of	1344
rehabilitation and correction pursuant to section 2967.14 of the	1345
Revised Code as a suitable facility for the care and treatment of	1346
adult offenders.	1347

(P) "House arrest" means a period of confinement of an	1348
offender that is in the offender's home or in other premises	1349
specified by the sentencing court or by the parole board pursuant	1350
to section 2967.28 of the Revised Code and during which all of the	1351
following apply:	1352

(1) The offender is required to remain in the offender's home	1353
or other specified premises for the specified period of	1354
confinement, except for periods of time during which the offender	1355
is at the offender's place of employment or at other premises as	1356
authorized by the sentencing court or by the parole board.	1357

(2) The offender is required to report periodically to a	1358
person designated by the court or parole board.	1359

(3) The offender is subject to any other restrictions and	1360
requirements that may be imposed by the sentencing court or by the	1361
parole board.	1362

(Q) "Intensive probation supervision" means a requirement	1363
that an offender maintain frequent contact with a person appointed	1364
by the court, or by the parole board pursuant to section 2967.28	1365
of the Revised Code, to supervise the offender while the offender	1366
is seeking or maintaining necessary employment and participating	1367
in training, education, and treatment programs as required in the	1368
court's or parole board's order. "Intensive probation supervision"	1369
includes intensive parole supervision and intensive post-release	1370
control supervision.	1371

(R) "Jail" means a jail, workhouse, minimum security jail, or	1372
other residential facility used for the confinement of alleged or	1373
convicted offenders that is operated by a political subdivision or	1374
a combination of political subdivisions of this state.	1375

(S) "Jail term" means the term in a jail that a sentencing	1376
court imposes or is authorized to impose pursuant to section	1377
2929.24 or 2929.25 of the Revised Code or pursuant to any other	1378
provision of the Revised Code that authorizes a term in a jail for	1379
a misdemeanor conviction.	1380

(T) "Mandatory jail term" means the term in a jail that a	1381
sentencing court is required to impose pursuant to division (G) of	1382
section 1547.99 of the Revised Code, division (E) of section	1383
2903.06 or division (D) of section 2903.08 of the Revised Code,	1384
division (E) or (G) of section 2929.24 of the Revised Code,	1385
division (B) of section 4510.14 of the Revised Code, or division	1386
(G) of section 4511.19 of the Revised Code or pursuant to any	1387
other provision of the Revised Code that requires a term in a jail	1388
for a misdemeanor conviction.	1389

(U) "Delinquent child" has the same meaning as in section	1390
2152.02 of the Revised Code.	1391

(V) "License violation report" means a report that is made by	1392
a sentencing court, or by the parole board pursuant to section	1393
2967.28 of the Revised Code, to the regulatory or licensing board	1394
or agency that issued an offender a professional license or a	1395
license or permit to do business in this state and that specifies	1396
that the offender has been convicted of or pleaded guilty to an	1397
offense that may violate the conditions under which the offender's	1398
professional license or license or permit to do business in this	1399
state was granted or an offense for which the offender's	1400
professional license or license or permit to do business in this	1401
state may be revoked or suspended.	1402

(W) "Major drug offender" means an offender who is convicted	1403
of or pleads guilty to the possession of, sale of, or offer to	1404
sell any drug, compound, mixture, preparation, or substance that	1405
consists of or contains at least one thousand grams of hashish; at	1406
least one hundred grams of cocaine; at least two thousand five	1407
hundred unit doses or two hundred fifty grams of heroin; at least	1408
five thousand unit doses of L.S.D. or five hundred grams of L.S.D.	1409
in a liquid concentrate, liquid extract, or liquid distillate	1410
form; at least fifty grams of a controlled substance analog; or at	1411
least one hundred times the amount of any other schedule I or II	1412
controlled substance other than marihuana that is necessary to	1413
commit a felony of the third degree pursuant to section 2925.03,	1414
2925.04, 2925.05, or 2925.11 of the Revised Code that is based on	1415
the possession of, sale of, or offer to sell the controlled	1416
substance.	1417

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

1418

(1) Subject to division (X)(2) of this section, the term in	1419
prison that must be imposed for the offenses or circumstances set	1420
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section	1421
2929.13 and division (B) of section 2929.14 of the Revised Code.	1422
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,	1423
and 2925.11 of the Revised Code, unless the maximum or another	1424
specific term is required under section 2929.14 or 2929.142 of the	1425
Revised Code, a mandatory prison term described in this division	1426
may be any prison term authorized for the level of offense.	1427

(2) The term of sixty or one hundred twenty days in prison	1428
that a sentencing court is required to impose for a third or	1429
fourth degree felony OVI offense pursuant to division (G)(2) of	1430
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	1431
of the Revised Code or the term of one, two, three, four, or five	1432
years in prison that a sentencing court is required to impose	1433
pursuant to division (G)(2) of section 2929.13 of the Revised	1434
Code.	1435

(3) The term in prison imposed pursuant to division (A) of	1436
section 2971.03 of the Revised Code for the offenses and in the	1437
circumstances described in division (F)(11) of section 2929.13 of	1438
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),	1439
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	1440
2971.03 of the Revised Code and that term as modified or	1441
terminated pursuant to section 2971.05 of the Revised Code.	1442

(Y) "Monitored time" means a period of time during which an	1443
offender continues to be under the control of the sentencing court	1444
or parole board, subject to no conditions other than leading a	1445
law-abiding life.	1446

(Z) "Offender" means a person who, in this state, is	1447
convicted of or pleads guilty to a felony or a misdemeanor.	1448

(AA) "Prison" means a residential facility used for the	1449
confinement of convicted felony offenders that is under the	1450
control of the department of rehabilitation and correction but	1451
does not include a violation sanction center operated under	1452
authority of section 2967.141 of the Revised Code.	1453

(BB) "Prison term" includes either of the following sanctions	1454
for an offender:	1455

(1) A stated prison term;

1456

(2) A term in a prison shortened by, or with the approval of,	1457
the sentencing court pursuant to section 2929.143, 2929.20,	1458
2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code.	1459

(CC) "Repeat violent offender" means a person about whom both	1460
of the following apply:	1461

(1) The person is being sentenced for committing or for	1462
complicity in committing any of the following:	1463

(a) Aggravated murder, murder, any felony of the first or	1464
second degree that is an offense of violence, or an attempt to	1465
commit any of these offenses if the attempt is a felony of the	1466
first or second degree;	1467

(b) An offense under an existing or former law of this state,	1468
another state, or the United States that is or was substantially	1469
equivalent to an offense described in division (CC)(1)(a) of this	1470
section.	1471

(2) The person previously was convicted of or pleaded guilty	1472
to an offense described in division (CC)(1)(a) or (b) of this	1473
section.	1474

(DD) "Sanction" means any penalty imposed upon an offender	1475
who is convicted of or pleads guilty to an offense, as punishment	1476
for the offense. "Sanction" includes any sanction imposed pursuant	1477
to any provision of sections 2929.14 to 2929.18 or 2929.24 to	1478
2929.28 of the Revised Code.	1479

(EE) "Sentence" means the sanction or combination of	1480
sanctions imposed by the sentencing court on an offender who is	1481
convicted of or pleads guilty to an offense.	1482

(FF) "Stated prison term" means the prison term, mandatory	1483
prison term, or combination of all prison terms and mandatory	1484
prison terms imposed by the sentencing court pursuant to section	1485
2929.14, 2929.142, or 2971.03 of the Revised Code or under section	1486
2919.25 of the Revised Code. "Stated prison term" includes any	1487
credit received by the offender for time spent in jail awaiting	1488
trial, sentencing, or transfer to prison for the offense and any	1489
time spent under house arrest or house arrest with electronic	1490
monitoring imposed after earning credits pursuant to section	1491
2967.193 of the Revised Code. If an offender is serving a prison	1492
term as a risk reduction sentence under sections 2929.143 and	1493
5120.036 of the Revised Code, "stated prison term" includes any	1494
period of time by which the prison term imposed upon the offender	1495
is shortened by the offender's successful completion of all	1496
assessment and treatment or programming pursuant to those	1497
sections.	1498

(GG) "Victim-offender mediation" means a reconciliation or	1499
mediation program that involves an offender and the victim of the	1500
offense committed by the offender and that includes a meeting in	1501
which the offender and the victim may discuss the offense, discuss	1502
restitution, and consider other sanctions for the offense.	1503

(HH) "Fourth degree felony OVI offense" means a violation of	1504
division (A) of section 4511.19 of the Revised Code that, under	1505
division (G) of that section, is a felony of the fourth degree.	1506

(II) "Mandatory term of local incarceration" means the term	1507
of sixty or one hundred twenty days in a jail, a community-based	1508
correctional facility, a halfway house, or an alternative	1509
residential facility that a sentencing court may impose upon a	1510
person who is convicted of or pleads guilty to a fourth degree	1511
felony OVI offense pursuant to division (G)(1) of section 2929.13	1512
of the Revised Code and division (G)(1)(d) or (e) of section	1513
4511.19 of the Revised Code.	1514

(JJ) "Designated homicide, assault, or kidnapping offense,"	1515
"violent sex offense," "sexual motivation specification,"	1516
"sexually violent offense," "sexually violent predator," and	1517
"sexually violent predator specification" have the same meanings	1518
as in section 2971.01 of the Revised Code.	1519

(KK) "Sexually oriented offense," "child-victim oriented	1520
offense," and "tier III sex offender/child-victim offender" have	1521
the same meanings as in section 2950.01 of the Revised Code.	1522

(LL) An offense is "committed in the vicinity of a child" if	1523
the offender commits the offense within thirty feet of or within	1524
the same residential unit as a child who is under eighteen years	1525
of age, regardless of whether the offender knows the age of the	1526
child or whether the offender knows the offense is being committed	1527
within thirty feet of or within the same residential unit as the	1528
child and regardless of whether the child actually views the	1529
commission of the offense.	1530

(MM) "Family or household member" has the same meaning as in	1531
section 2919.25 of the Revised Code.	1532

(NN) "Motor vehicle" and "manufactured home" have the same	1533
meanings as in section 4501.01 of the Revised Code.	1534

(OO) "Detention" and "detention facility" have the same	1535
meanings as in section 2921.01 of the Revised Code.	1536

(PP) "Third degree felony OVI offense" means a violation of	1537
division (A) of section 4511.19 of the Revised Code that, under	1538
division (G) of that section, is a felony of the third degree.	1539

(QQ) "Random drug testing" has the same meaning as in section	1540
5120.63 of the Revised Code.	1541

(RR) "Felony sex offense" has the same meaning as in section	1542
2967.28 of the Revised Code.	1543

(SS) "Body armor" has the same meaning as in section	1544
2941.1411 of the Revised Code.	1545

(TT) "Electronic monitoring" means monitoring through the use	1546
of an electronic monitoring device.	1547

(UU) "Electronic monitoring device" means any of the	1548
following:	1549

(1) Any device that can be operated by electrical or battery	1550
power and that conforms with all of the following:	1551

(a) The device has a transmitter that can be attached to a	1552
person, that will transmit a specified signal to a receiver of the	1553
type described in division (UU)(1)(b) of this section if the	1554
transmitter is removed from the person, turned off, or altered in	1555
any manner without prior court approval in relation to electronic	1556
monitoring or without prior approval of the department of	1557
rehabilitation and correction in relation to the use of an	1558
electronic monitoring device for an inmate on transitional control	1559
or otherwise is tampered with, that can transmit continuously and	1560
periodically a signal to that receiver when the person is within a	1561
specified distance from the receiver, and that can transmit an	1562
appropriate signal to that receiver if the person to whom it is	1563
attached travels a specified distance from that receiver.	1564

(b) The device has a receiver that can receive continuously	1565
the signals transmitted by a transmitter of the type described in	1566
division (UU)(1)(a) of this section, can transmit continuously	1567
those signals by a wireless or landline telephone connection to a	1568
central monitoring computer of the type described in division	1569
(UU)(1)(c) of this section, and can transmit continuously an	1570
appropriate signal to that central monitoring computer if the	1571
device has been turned off or altered without prior court approval	1572
or otherwise tampered with. The device is designed specifically	1573
for use in electronic monitoring, is not a converted wireless	1574
phone or another tracking device that is clearly not designed for	1575
electronic monitoring, and provides a means of text-based or voice	1576
communication with the person.	1577

(c) The device has a central monitoring computer that can	1578
receive continuously the signals transmitted by a wireless or	1579
landline telephone connection by a receiver of the type described	1580
in division (UU)(1)(b) of this section and can monitor	1581
continuously the person to whom an electronic monitoring device of	1582
the type described in division (UU)(1)(a) of this section is	1583
attached.	1584

(2) Any device that is not a device of the type described in	1585
division (UU)(1) of this section and that conforms with all of the	1586
following:	1587

(a) The device includes a transmitter and receiver that can	1588
monitor and determine the location of a subject person at any	1589
time, or at a designated point in time, through the use of a	1590
central monitoring computer or through other electronic means.	1591

(b) The device includes a transmitter and receiver that can	1592
determine at any time, or at a designated point in time, through	1593
the use of a central monitoring computer or other electronic means	1594
the fact that the transmitter is turned off or altered in any	1595
manner without prior approval of the court in relation to the	1596
electronic monitoring or without prior approval of the department	1597
of rehabilitation and correction in relation to the use of an	1598
electronic monitoring device for an inmate on transitional control	1599
or otherwise is tampered with.	1600

(3) Any type of technology that can adequately track or	1601
determine the location of a subject person at any time and that is	1602
approved by the director of rehabilitation and correction,	1603
including, but not limited to, any satellite technology, voice	1604
tracking system, or retinal scanning system that is so approved.	1605

(VV) "Non-economic loss" means nonpecuniary harm suffered by	1606
a victim of an offense as a result of or related to the commission	1607
of the offense, including, but not limited to, pain and suffering;	1608
loss of society, consortium, companionship, care, assistance,	1609
attention, protection, advice, guidance, counsel, instruction,	1610
training, or education; mental anguish; and any other intangible	1611
loss.	1612

(WW) "Prosecutor" has the same meaning as in section 2935.01	1613
of the Revised Code.	1614

(XX) "Continuous alcohol monitoring" means the ability to	1615
automatically test and periodically transmit alcohol consumption	1616
levels and tamper attempts at least every hour, regardless of the	1617
location of the person who is being monitored.	1618

(YY) A person is "adjudicated a sexually violent predator" if	1619
the person is convicted of or pleads guilty to a violent sex	1620
offense and also is convicted of or pleads guilty to a sexually	1621
violent predator specification that was included in the	1622
indictment, count in the indictment, or information charging that	1623
violent sex offense or if the person is convicted of or pleads	1624
guilty to a designated homicide, assault, or kidnapping offense	1625
and also is convicted of or pleads guilty to both a sexual	1626
motivation specification and a sexually violent predator	1627
specification that were included in the indictment, count in the	1628
indictment, or information charging that designated homicide,	1629
assault, or kidnapping offense.	1630

(ZZ) An offense is "committed in proximity to a school" if	1631
the offender commits the offense in a school safety zone or within	1632
five hundred feet of any school building or the boundaries of any	1633
school premises, regardless of whether the offender knows the	1634
offense is being committed in a school safety zone or within five	1635
hundred feet of any school building or the boundaries of any	1636
school premises.	1637

(AAA) "Human trafficking" means a scheme or plan to which all	1638
of the following apply:	1639

(1) Its object is to subject a victim or victims to	1640
involuntary servitude, as defined in section 2905.31 of the	1641
Revised Code, to compel a victim who is not a minor or victims who	1642
are not minors to engage in sexual activity for hire, to engage in	1643
a performance that is obscene, sexually oriented, or nudity	1644
oriented, or to be a model or participant in the production of	1645
material that is obscene, sexually oriented, or nudity oriented,	1646
or to facilitate, permit, encourage, or recruit a victim who is a	1647
minor or victims who are minors to engage in sexual activity for	1648
hire, to engage in a performance that is obscene, sexually	1649
oriented, or nudity oriented, or to be a model or participant in	1650
the production of material that is obscene, sexually oriented, or	1651
nudity oriented.	1652

(2) It involves at least two felony offenses, whether or not	1653
there has been a prior conviction for any of the felony offenses,	1654
to which all of the following apply:	1655

(a) Each of the felony offenses is a violation of section	1656
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division	1657
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),	1658
(4), or (5) of section 2919.22 of the Revised Code or is a	1659
violation of a law of any state other than this state that is	1660
substantially similar to any of the sections or divisions of the	1661
Revised Code identified in this division.	1662

(b) At least one of the felony offenses was committed in this	1663
state.	1664

(c) The felony offenses are related to the same scheme or	1665
plan and are not isolated instances.	1666

(BBB) "Material," "nudity," "obscene," "performance," and	1667
"sexual activity" have the same meanings as in section 2907.01 of	1668
the Revised Code.	1669

(CCC) "Material that is obscene, sexually oriented, or nudity	1670
oriented" means any material that is obscene, that shows a person	1671
participating or engaging in sexual activity, masturbation, or	1672
bestiality, or that shows a person in a state of nudity.	1673

(DDD) "Performance that is obscene, sexually oriented, or	1674
nudity oriented" means any performance that is obscene, that shows	1675
a person participating or engaging in sexual activity,	1676
masturbation, or bestiality, or that shows a person in a state of	1677
nudity.	1678

Sec. 2937.11.  (A)(1) As used in divisions (B) and (C) of	1679
this section, "victim" includes any person who was a victim of a	1680
felony violation identified in division (B) of this section or a	1681
felony offense of violence or against whom was directed any	1682
conduct that constitutes, or that is an element of, a felony	1683
violation identified in division (B) of this section or a felony	1684
offense of violence.	1685

(2) As used in division (D) of this section, "victim"	1686
includes any person who was a victim of a violation of section	1687
2905.32 of the Revised Code or against whom was directed any	1688
conduct that constitutes, or is an element of, a violation of	1689
section 2905.32 of the Revised Code.	1690

(3) At the preliminary hearing set pursuant to section	1691
2937.10 of the Revised Code and the Criminal Rules, the prosecutor	1692
may state, but is not required to state, orally the case for the	1693
state and shall then proceed to examine witnesses and introduce	1694
exhibits for the state. The accused and the magistrate have full	1695
right of cross examination, and the accused has the right of	1696
inspection of exhibits prior to their introduction. The hearing	1697
shall be conducted under the rules of evidence prevailing in	1698
criminal trials generally. On motion of either the state or the	1699
accused, witnesses shall be separated and not permitted in the	1700
hearing room except when called to testify.	1701

(B) In a case involving an alleged felony violation of	1702
section 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05,	1703
2907.21, 2907.24, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	1704
or 2919.22 of the Revised Code or an alleged felony offense of	1705
violence and in which an alleged victim of the alleged violation	1706
or offense was less than thirteen years of age when the complaint	1707
or information was filed, whichever occurred earlier, upon motion	1708
of the prosecution, the testimony of the child victim at the	1709
preliminary hearing may be taken in a room other than the room in	1710
which the preliminary hearing is being conducted and be televised,	1711
by closed circuit equipment, into the room in which the	1712
preliminary hearing is being conducted, in accordance with	1713
division (C) of section 2945.481 of the Revised Code.	1714

(C) In a case involving an alleged felony violation listed in	1715
division (B) of this section or an alleged felony offense of	1716
violence and in which an alleged victim of the alleged violation	1717
or offense was less than thirteen years of age when the complaint	1718
or information was filed, whichever occurred earlier, the court,	1719
on written motion of the prosecutor in the case filed at least	1720
three days prior to the hearing, shall order that all testimony of	1721
the child victim be recorded and preserved on videotape, in	1722
addition to being recorded for purposes of the transcript of the	1723
proceeding. If such an order is issued, it shall specifically	1724
identify the child victim concerning whose testimony it pertains,	1725
apply only during the testimony of the child victim it	1726
specifically identifies, and apply to all testimony of the child	1727
victim presented at the hearing, regardless of whether the child	1728
victim is called as a witness by the prosecution or by the	1729
defense.	1730

(D)(1)(a) In a case involving an alleged violation of section	1731
2905.32 of the Revised Code, upon motion of the prosecution, the	1732
testimony of the victim at the preliminary hearing may be taken in	1733
a place or room other than the room in which the preliminary	1734
hearing is being conducted and be televised, by closed circuit	1735
equipment, into the room in which the preliminary hearing is being	1736
conducted, to be viewed by the accused and any other persons who	1737
are not permitted in the room in which the testimony is to be	1738
taken but who would have been present during the testimony of the	1739
victim had it been given in the room in which the preliminary	1740
hearing is being conducted. Except for good cause shown, the	1741
prosecution shall file a motion under this division at least seven	1742
days before the date of the preliminary hearing.	1743

(b) Upon the motion of the prosecution filed under division	1744
(D)(1)(a) of this section and if the judge or magistrate	1745
determines that the victim is unavailable to testify in the room	1746
in which the preliminary hearing is being conducted in the	1747
physical presence of the accused for one or more of the reasons	1748
set forth in division (D)(2) of this section, the judge or	1749
magistrate may issue an order for the testimony of the victim to	1750
be taken in a place or room other than the room in which the	1751
preliminary hearing is being conducted and televised, by closed	1752
circuit equipment, into the room in which the preliminary hearing	1753
is being conducted. If a judge or magistrate issues an order of	1754
that nature, the judge or magistrate shall exclude from the room	1755
in which the testimony of the victim is to be taken every person	1756
except the following:	1757

(i) The victim giving the testimony;

1758

(ii) The judge or magistrate;

1759

(iii) One or more interpreters if needed;

1760

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

1761

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

1762

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

1763

(vii) Any person whose presence the judge or magistrate	1764
determines would contribute to the welfare and well-being of the	1765
victim giving the testimony.	1766

(c) The person chosen by the victim under division	1767
(D)(1)(b)(vi) of this section shall not be a witness in the	1768
preliminary hearing and, both before and during the testimony,	1769
shall not discuss the testimony of the victim with any other	1770
witness in the preliminary hearing.	1771

(d) The judge or magistrate, at the judge's or magistrate's	1772
discretion, may preside during the giving of the testimony by	1773
electronic means from outside the room in which it is being given,	1774
subject to the limitations set forth in this division. If the	1775
judge or magistrate presides by electronic means, the judge or	1776
magistrate shall be provided with monitors on which the judge or	1777
magistrate can see each person in the room in which the testimony	1778
is to be taken and with an electronic means of communication with	1779
each person, and each person in the room shall be provided with a	1780
monitor on which that person can see the judge or magistrate and	1781
with an electronic means of communication with the judge or	1782
magistrate. To the extent feasible, any person operating the	1783
televising equipment shall be restricted to a room adjacent to the	1784
room in which the testimony is being taken, or to a location in	1785
the room in which the testimony is being taken that is behind a	1786
screen or mirror, so that the person operating the televising	1787
equipment can see and hear, but cannot be seen or heard by, the	1788
victim giving the testimony during the testimony. The accused	1789
shall be permitted to observe and hear the testimony of the victim	1790
giving the testimony on a monitor, shall be provided with an	1791
electronic means of immediate communication with the attorney of	1792
the accused during the testimony, and shall be restricted to a	1793
location from which the accused cannot be seen or heard by the	1794
victim giving the testimony, except on a monitor provided for that	1795
purpose. The accused and the judge or magistrate have full right	1796
of cross examination, and the accused has the right of inspection	1797
of exhibits prior to their introduction. The victim giving the	1798
testimony shall be provided with a monitor on which the victim can	1799
observe the accused during the testimony.	1800

(2) For purposes of division (D)(1) of this section, a judge	1801
or magistrate may order the testimony of a victim to be taken at a	1802
place or room outside the room in which the preliminary hearing is	1803
being conducted if the judge or magistrate determines that the	1804
victim is unavailable to testify in the room in the physical	1805
presence of the accused due to one or more of the following:	1806

(a) The inability of the victim to communicate about the	1807
alleged offense because of extreme fear, severe trauma, or another	1808
similar reason;	1809

(b) The substantial likelihood that the victim will suffer	1810
serious emotional trauma from so testifying;	1811

(c) The victim is at a hospital for care and treatment for	1812
any physical, mental, or emotional injury suffered by reason of	1813
the alleged offense.	1814

Sec. 2950.01. As used in this chapter, unless the context	1815
clearly requires otherwise:	1816

(A) "Sexually oriented offense" means any of the following	1817
violations or offenses committed by a person, regardless of the	1818
person's age:	1819

(1) A violation of section 2907.02, 2907.03, 2907.05,	1820
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,	1821
2907.322, or 2907.323 of the Revised Code;	1822

(2) A violation of section 2907.04 of the Revised Code when	1823
the offender is less than four years older than the other person	1824
with whom the offender engaged in sexual conduct, the other person	1825
did not consent to the sexual conduct, and the offender previously	1826
has not been convicted of or pleaded guilty to a violation of	1827
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1828
violation of former section 2907.12 of the Revised Code;	1829

(3) A violation of section 2907.04 of the Revised Code when	1830
the offender is at least four years older than the other person	1831
with whom the offender engaged in sexual conduct or when the	1832
offender is less than four years older than the other person with	1833
whom the offender engaged in sexual conduct and the offender	1834
previously has been convicted of or pleaded guilty to a violation	1835
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1836
violation of former section 2907.12 of the Revised Code;	1837

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	1838
the Revised Code when the violation was committed with a sexual	1839
motivation;	1840

(5) A violation of division (A) of section 2903.04 of the	1841
Revised Code when the offender committed or attempted to commit	1842
the felony that is the basis of the violation with a sexual	1843
motivation;	1844

(6) A violation of division (A)(3) of section 2903.211 of the	1845
Revised Code;	1846

(7) A violation of division (A)(1), (2), (3), or (5) of	1847
section 2905.01 of the Revised Code when the offense is committed	1848
with a sexual motivation;	1849

(8) A violation of division (A)(4) of section 2905.01 of the	1850
Revised Code;	1851

(9) A violation of division (B) of section 2905.01 of the	1852
Revised Code when the victim of the offense is under eighteen	1853
years of age and the offender is not a parent of the victim of the	1854
offense;	1855

(10) A violation of division (B) of section 2903.03, of	1856
division (B) of section 2905.02, of division (B) of section	1857
2905.03, of division (B) of section 2905.05, or of division (B)(5)	1858
of section 2919.22 of the Revised Code;	1859

(11) A violation of section 2905.32 of the Revised Code when	1860
the offender knowingly recruited, lured, enticed, isolated,	1861
harbored, transported, provided, obtained, or maintained, or	1862
knowingly attempted to recruit, lure, entice, isolate, harbor,	1863
transport, provide, obtain, or maintain, another person knowing	1864
that the person would be compelled to engage in sexual activity	1865
for hire, engage in a performance that was obscene, sexually	1866
oriented, or nudity oriented, or be a model or participant in the	1867
production of material that was obscene, sexually oriented, or	1868
nudity oriented;	1869

(12) A violation of any former law of this state, any	1870
existing or former municipal ordinance or law of another state or	1871
the United States, any existing or former law applicable in a	1872
military court or in an Indian tribal court, or any existing or	1873
former law of any nation other than the United States that is or	1874
was substantially equivalent to any offense listed in division	1875
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of	1876
this section;	1877

(13) A violation of division (A)(2) of section 2907.24 of the	1878
Revised Code;	1879

(14) Any attempt to commit, conspiracy to commit, or	1880
complicity in committing any offense listed in division (A)(1),	1881
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12), or	1882
(13) of this section.	1883

(B)(1) "Sex offender" means, subject to division (B)(2) of	1884
this section, a person who is convicted of, pleads guilty to, has	1885
been convicted of, has pleaded guilty to, is adjudicated a	1886
delinquent child for committing, or has been adjudicated a	1887
delinquent child for committing any sexually oriented offense.	1888

(2) "Sex offender" does not include a person who is convicted	1889
of, pleads guilty to, has been convicted of, has pleaded guilty	1890
to, is adjudicated a delinquent child for committing, or has been	1891
adjudicated a delinquent child for committing a sexually oriented	1892
offense if the offense involves consensual sexual conduct or	1893
consensual sexual contact and either of the following applies:	1894

(a) The victim of the sexually oriented offense was eighteen	1895
years of age or older and at the time of the sexually oriented	1896
offense was not under the custodial authority of the person who is	1897
convicted of, pleads guilty to, has been convicted of, has pleaded	1898
guilty to, is adjudicated a delinquent child for committing, or	1899
has been adjudicated a delinquent child for committing the	1900
sexually oriented offense.	1901

(b) The victim of the offense was thirteen years of age or	1902
older, and the person who is convicted of, pleads guilty to, has	1903
been convicted of, has pleaded guilty to, is adjudicated a	1904
delinquent child for committing, or has been adjudicated a	1905
delinquent child for committing the sexually oriented offense is	1906
not more than four years older than the victim.	1907

(C) "Child-victim oriented offense" means any of the	1908
following violations or offenses committed by a person, regardless	1909
of the person's age, when the victim is under eighteen years of	1910
age and is not a child of the person who commits the violation:	1911

(1) A violation of division (A)(1), (2), (3), or (5) of	1912
section 2905.01 of the Revised Code when the violation is not	1913
included in division (A)(7) of this section;	1914

(2) A violation of division (A) of section 2905.02, division	1915
(A) of section 2905.03, or division (A) of section 2905.05 of the	1916
Revised Code;	1917

(3) A violation of any former law of this state, any existing	1918
or former municipal ordinance or law of another state or the	1919
United States, any existing or former law applicable in a military	1920
court or in an Indian tribal court, or any existing or former law	1921
of any nation other than the United States that is or was	1922
substantially equivalent to any offense listed in division (C)(1)	1923
or (2) of this section;	1924

(4) Any attempt to commit, conspiracy to commit, or	1925
complicity in committing any offense listed in division (C)(1),	1926
(2), or (3) of this section.	1927

(D) "Child-victim offender" means a person who is convicted	1928
of, pleads guilty to, has been convicted of, has pleaded guilty	1929
to, is adjudicated a delinquent child for committing, or has been	1930
adjudicated a delinquent child for committing any child-victim	1931
oriented offense.	1932

(E) "Tier I sex offender/child-victim offender" means any of	1933
the following:	1934

(1) A sex offender who is convicted of, pleads guilty to, has	1935
been convicted of, or has pleaded guilty to any of the following	1936
sexually oriented offenses:	1937

(a) A violation of section 2907.06, 2907.07, 2907.08,	1938
2907.22, or 2907.32 of the Revised Code;	1939

(b) A violation of section 2907.04 of the Revised Code when	1940
the offender is less than four years older than the other person	1941
with whom the offender engaged in sexual conduct, the other person	1942
did not consent to the sexual conduct, and the offender previously	1943
has not been convicted of or pleaded guilty to a violation of	1944
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	1945
violation of former section 2907.12 of the Revised Code;	1946

(c) A violation of division (A)(1), (2), (3), or (5) of	1947
section 2907.05 of the Revised Code;	1948

(d) A violation of division (A)(3) of section 2907.323 of the	1949
Revised Code;	1950

(e) A violation of division (A)(3) of section 2903.211, of	1951
division (B) of section 2905.03, or of division (B) of section	1952
2905.05 of the Revised Code;	1953

(f) A violation of any former law of this state, any existing	1954
or former municipal ordinance or law of another state or the	1955
United States, any existing or former law applicable in a military	1956
court or in an Indian tribal court, or any existing or former law	1957
of any nation other than the United States, that is or was	1958
substantially equivalent to any offense listed in division	1959
(E)(1)(a), (b), (c), (d), or (e) of this section;	1960

(g) Any attempt to commit, conspiracy to commit, or	1961
complicity in committing any offense listed in division (E)(1)(a),	1962
(b), (c), (d), (e), or (f) of this section.	1963

(2) A child-victim offender who is convicted of, pleads	1964
guilty to, has been convicted of, or has pleaded guilty to a	1965
child-victim oriented offense and who is not within either	1966
category of child-victim offender described in division (F)(2) or	1967
(G)(2) of this section.	1968

(3) A sex offender who is adjudicated a delinquent child for	1969
committing or has been adjudicated a delinquent child for	1970
committing any sexually oriented offense and who a juvenile court,	1971
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	1972
Revised Code, classifies a tier I sex offender/child-victim	1973
offender relative to the offense.	1974

(4) A child-victim offender who is adjudicated a delinquent	1975
child for committing or has been adjudicated a delinquent child	1976
for committing any child-victim oriented offense and who a	1977
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	1978
2152.85 of the Revised Code, classifies a tier I sex	1979
offender/child-victim offender relative to the offense.	1980

(F) "Tier II sex offender/child-victim offender" means any of	1981
the following:	1982

(1) A sex offender who is convicted of, pleads guilty to, has	1983
been convicted of, or has pleaded guilty to any of the following	1984
sexually oriented offenses:	1985

(a) A violation of section 2907.21, 2907.321, or 2907.322 or	1986
a felony violation of section 2905.321 of the Revised Code;	1987

(b) A violation of section 2907.04 of the Revised Code when	1988
the offender is at least four years older than the other person	1989
with whom the offender engaged in sexual conduct, or when the	1990
offender is less than four years older than the other person with	1991
whom the offender engaged in sexual conduct and the offender	1992
previously has been convicted of or pleaded guilty to a violation	1993
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	1994
former section 2907.12 of the Revised Code;	1995

(c) A violation of division (A)(4) of section 2907.05, of	1996
division (A)(2) of section 2907.24, or of division (A)(1) or (2)	1997
of section 2907.323 of the Revised Code;	1998

(d) A violation of division (A)(1), (2), (3), or (5) of	1999
section 2905.01 of the Revised Code when the offense is committed	2000
with a sexual motivation;	2001

(e) A violation of division (A)(4) of section 2905.01 of the	2002
Revised Code when the victim of the offense is eighteen years of	2003
age or older;	2004

(f) A violation of division (B) of section 2905.02 or of	2005
division (B)(5) of section 2919.22 of the Revised Code;	2006

(g) A violation of section 2905.32 of the Revised Code when	2007
the offender knowingly recruited, lured, enticed, isolated,	2008
harbored, transported, provided, obtained, or maintained, or	2009
knowingly attempted to recruit, lure, entice, isolate, harbor,	2010
transport, provide, obtain, or maintain, another person knowing	2011
that the person would be compelled to engage in sexual activity	2012
for hire, engage in a performance that was obscene, sexually	2013
oriented, or nudity oriented, or be a model or participant in the	2014
production of material that was obscene, sexually oriented, or	2015
nudity oriented;	2016

(h) A violation of any former law of this state, any existing	2017
or former municipal ordinance or law of another state or the	2018
United States, any existing or former law applicable in a military	2019
court or in an Indian tribal court, or any existing or former law	2020
of any nation other than the United States that is or was	2021
substantially equivalent to any offense listed in division	2022
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	2023

(i) Any attempt to commit, conspiracy to commit, or	2024
complicity in committing any offense listed in division (F)(1)(a),	2025
(b), (c), (d), (e), (f), (g), or (h) of this section;	2026

(j) Any sexually oriented offense that is committed after the	2027
sex offender previously has been convicted of, pleaded guilty to,	2028
or has been adjudicated a delinquent child for committing any	2029
sexually oriented offense or child-victim oriented offense for	2030
which the offender was classified a tier I sex	2031
offender/child-victim offender.	2032

(2) A child-victim offender who is convicted of, pleads	2033
guilty to, has been convicted of, or has pleaded guilty to any	2034
child-victim oriented offense when the child-victim oriented	2035
offense is committed after the child-victim offender previously	2036
has been convicted of, pleaded guilty to, or been adjudicated a	2037
delinquent child for committing any sexually oriented offense or	2038
child-victim oriented offense for which the offender was	2039
classified a tier I sex offender/child-victim offender.	2040

(3) A sex offender who is adjudicated a delinquent child for	2041
committing or has been adjudicated a delinquent child for	2042
committing any sexually oriented offense and who a juvenile court,	2043
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	2044
Revised Code, classifies a tier II sex offender/child-victim	2045
offender relative to the offense.	2046

(4) A child-victim offender who is adjudicated a delinquent	2047
child for committing or has been adjudicated a delinquent child	2048
for committing any child-victim oriented offense and whom a	2049
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	2050
2152.85 of the Revised Code, classifies a tier II sex	2051
offender/child-victim offender relative to the current offense.	2052

(5) A sex offender or child-victim offender who is not in any	2053
category of tier II sex offender/child-victim offender set forth	2054
in division (F)(1), (2), (3), or (4) of this section, who prior to	2055
January 1, 2008, was adjudicated a delinquent child for committing	2056
a sexually oriented offense or child-victim oriented offense, and	2057
who prior to that date was determined to be a habitual sex	2058
offender or determined to be a habitual child-victim offender,	2059
unless either of the following applies:	2060

(a) The sex offender or child-victim offender is reclassified	2061
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	2062
tier I sex offender/child-victim offender or a tier III sex	2063
offender/child-victim offender relative to the offense.	2064

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	2065
2152.84, or 2152.85 of the Revised Code, classifies the child a	2066
tier I sex offender/child-victim offender or a tier III sex	2067
offender/child-victim offender relative to the offense.	2068

(G) "Tier III sex offender/child-victim offender" means any	2069
of the following:	2070

(1) A sex offender who is convicted of, pleads guilty to, has	2071
been convicted of, or has pleaded guilty to any of the following	2072
sexually oriented offenses:	2073

(a) A violation of section 2907.02 or 2907.03 of the Revised	2074
Code;	2075

(b) A violation of division (B) of section 2907.05 of the	2076
Revised Code;	2077

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	2078
the Revised Code when the violation was committed with a sexual	2079
motivation;	2080

(d) A violation of division (A) of section 2903.04 of the	2081
Revised Code when the offender committed or attempted to commit	2082
the felony that is the basis of the violation with a sexual	2083
motivation;	2084

(e) A violation of division (A)(4) of section 2905.01 of the	2085
Revised Code when the victim of the offense is under eighteen	2086
years of age;	2087

(f) A violation of division (B) of section 2905.01 of the	2088
Revised Code when the victim of the offense is under eighteen	2089
years of age and the offender is not a parent of the victim of the	2090
offense;	2091

(g) A violation of division (B) of section 2903.03 of the	2092
Revised Code;	2093

(h) A violation of any former law of this state, any existing	2094
or former municipal ordinance or law of another state or the	2095
United States, any existing or former law applicable in a military	2096
court or in an Indian tribal court, or any existing or former law	2097
of any nation other than the United States that is or was	2098
substantially equivalent to any offense listed in division	2099
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	2100

(i) Any attempt to commit, conspiracy to commit, or	2101
complicity in committing any offense listed in division (G)(1)(a),	2102
(b), (c), (d), (e), (f), (g), or (h) of this section;	2103

(j) Any sexually oriented offense that is committed after the	2104
sex offender previously has been convicted of, pleaded guilty to,	2105
or been adjudicated a delinquent child for committing any sexually	2106
oriented offense or child-victim oriented offense for which the	2107
offender was classified a tier II sex offender/child-victim	2108
offender or a tier III sex offender/child-victim offender.	2109

(2) A child-victim offender who is convicted of, pleads	2110
guilty to, has been convicted of, or has pleaded guilty to any	2111
child-victim oriented offense when the child-victim oriented	2112
offense is committed after the child-victim offender previously	2113
has been convicted of, pleaded guilty to, or been adjudicated a	2114
delinquent child for committing any sexually oriented offense or	2115
child-victim oriented offense for which the offender was	2116
classified a tier II sex offender/child-victim offender or a tier	2117
III sex offender/child-victim offender.	2118

(3) A sex offender who is adjudicated a delinquent child for	2119
committing or has been adjudicated a delinquent child for	2120
committing any sexually oriented offense and who a juvenile court,	2121
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	2122
Revised Code, classifies a tier III sex offender/child-victim	2123
offender relative to the offense.	2124

(4) A child-victim offender who is adjudicated a delinquent	2125
child for committing or has been adjudicated a delinquent child	2126
for committing any child-victim oriented offense and whom a	2127
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	2128
2152.85 of the Revised Code, classifies a tier III sex	2129
offender/child-victim offender relative to the current offense.	2130

(5) A sex offender or child-victim offender who is not in any	2131
category of tier III sex offender/child-victim offender set forth	2132
in division (G)(1), (2), (3), or (4) of this section, who prior to	2133
January 1, 2008, was convicted of or pleaded guilty to a sexually	2134
oriented offense or child-victim oriented offense or was	2135
adjudicated a delinquent child for committing a sexually oriented	2136
offense or child-victim oriented offense and classified a juvenile	2137
offender registrant, and who prior to that date was adjudicated a	2138
sexual predator or adjudicated a child-victim predator, unless	2139
either of the following applies:	2140

(a) The sex offender or child-victim offender is reclassified	2141
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	2142
tier I sex offender/child-victim offender or a tier II sex	2143
offender/child-victim offender relative to the offense.	2144

(b) The sex offender or child-victim offender is a delinquent	2145
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	2146
2152.84, or 2152.85 of the Revised Code, classifies the child a	2147
tier I sex offender/child-victim offender or a tier II sex	2148
offender/child-victim offender relative to the offense.	2149

(6) A sex offender who is convicted of, pleads guilty to, was	2150
convicted of, or pleaded guilty to a sexually oriented offense, if	2151
the sexually oriented offense and the circumstances in which it	2152
was committed are such that division (F) of section 2971.03 of the	2153
Revised Code automatically classifies the offender as a tier III	2154
sex offender/child-victim offender;	2155

(7) A sex offender or child-victim offender who is convicted	2156
of, pleads guilty to, was convicted of, pleaded guilty to, is	2157
adjudicated a delinquent child for committing, or was adjudicated	2158
a delinquent child for committing a sexually oriented offense or	2159
child-victim offense in another state, in a federal court,	2160
military court, or Indian tribal court, or in a court in any	2161
nation other than the United States if both of the following	2162
apply:	2163

(a) Under the law of the jurisdiction in which the offender	2164
was convicted or pleaded guilty or the delinquent child was	2165
adjudicated, the offender or delinquent child is in a category	2166
substantially equivalent to a category of tier III sex	2167
offender/child-victim offender described in division (G)(1), (2),	2168
(3), (4), (5), or (6) of this section.	2169

(b) Subsequent to the conviction, plea of guilty, or	2170
adjudication in the other jurisdiction, the offender or delinquent	2171
child resides, has temporary domicile, attends school or an	2172
institution of higher education, is employed, or intends to reside	2173
in this state in any manner and for any period of time that	2174
subjects the offender or delinquent child to a duty to register or	2175
provide notice of intent to reside under section 2950.04 or	2176
2950.041 of the Revised Code.	2177

(H) "Confinement" includes, but is not limited to, a	2178
community residential sanction imposed pursuant to section 2929.16	2179
or 2929.26 of the Revised Code.	2180

(I) "Prosecutor" has the same meaning as in section 2935.01	2181
of the Revised Code.	2182

(J) "Supervised release" means a release of an offender from	2183
a prison term, a term of imprisonment, or another type of	2184
confinement that satisfies either of the following conditions:	2185

(1) The release is on parole, a conditional pardon, under a	2186
community control sanction, under transitional control, or under a	2187
post-release control sanction, and it requires the person to	2188
report to or be supervised by a parole officer, probation officer,	2189
field officer, or another type of supervising officer.	2190

(2) The release is any type of release that is not described	2191
in division (J)(1) of this section and that requires the person to	2192
report to or be supervised by a probation officer, a parole	2193
officer, a field officer, or another type of supervising officer.	2194

(K) "Sexually violent predator specification," "sexually	2195
violent predator," "sexually violent offense," "sexual motivation	2196
specification," "designated homicide, assault, or kidnapping	2197
offense," and "violent sex offense" have the same meanings as in	2198
section 2971.01 of the Revised Code.	2199

(L) "Post-release control sanction" and "transitional	2200
control" have the same meanings as in section 2967.01 of the	2201
Revised Code.	2202

(M) "Juvenile offender registrant" means a person who is	2203
adjudicated a delinquent child for committing on or after January	2204
1, 2002, a sexually oriented offense or a child-victim oriented	2205
offense, who is fourteen years of age or older at the time of	2206
committing the offense, and who a juvenile court judge, pursuant	2207
to an order issued under section 2152.82, 2152.83, 2152.84,	2208
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	2209
offender registrant and specifies has a duty to comply with	2210
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2211
Code. "Juvenile offender registrant" includes a person who prior	2212
to January 1, 2008, was a "juvenile offender registrant" under the	2213
definition of the term in existence prior to January 1, 2008, and	2214
a person who prior to July 31, 2003, was a "juvenile sex offender	2215
registrant" under the former definition of that former term.	2216

(N) "Public registry-qualified juvenile offender registrant"	2217
means a person who is adjudicated a delinquent child and on whom a	2218
juvenile court has imposed a serious youthful offender	2219
dispositional sentence under section 2152.13 of the Revised Code	2220
before, on, or after January 1, 2008, and to whom all of the	2221
following apply:	2222

(1) The person is adjudicated a delinquent child for	2223
committing, attempting to commit, conspiring to commit, or	2224
complicity in committing one of the following acts:	2225

(a) A violation of section 2907.02 of the Revised Code,	2226
division (B) of section 2907.05 of the Revised Code, or section	2227
2907.03 of the Revised Code if the victim of the violation was	2228
less than twelve years of age;	2229

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	2230
the Revised Code that was committed with a purpose to gratify the	2231
sexual needs or desires of the child;	2232

(c) A violation of division (B) of section 2903.03 of the	2233
Revised Code.	2234

(2) The person was fourteen, fifteen, sixteen, or seventeen	2235
years of age at the time of committing the act.	2236

(3) A juvenile court judge, pursuant to an order issued under	2237
section 2152.86 of the Revised Code, classifies the person a	2238
juvenile offender registrant, specifies the person has a duty to	2239
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	2240
Code, and classifies the person a public registry-qualified	2241
juvenile offender registrant, and the classification of the person	2242
as a public registry-qualified juvenile offender registrant has	2243
not been terminated pursuant to division (D) of section 2152.86 of	2244
the Revised Code.	2245

(O) "Secure facility" means any facility that is designed and	2246
operated to ensure that all of its entrances and exits are locked	2247
and under the exclusive control of its staff and to ensure that,	2248
because of that exclusive control, no person who is	2249
institutionalized or confined in the facility may leave the	2250
facility without permission or supervision.	2251

(P) "Out-of-state juvenile offender registrant" means a	2252
person who is adjudicated a delinquent child in a court in another	2253
state, in a federal court, military court, or Indian tribal court,	2254
or in a court in any nation other than the United States for	2255
committing a sexually oriented offense or a child-victim oriented	2256
offense, who on or after January 1, 2002, moves to and resides in	2257
this state or temporarily is domiciled in this state for more than	2258
five days, and who has a duty under section 2950.04 or 2950.041 of	2259
the Revised Code to register in this state and the duty to	2260
otherwise comply with that applicable section and sections 2950.05	2261
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	2262
registrant" includes a person who prior to January 1, 2008, was an	2263
"out-of-state juvenile offender registrant" under the definition	2264
of the term in existence prior to January 1, 2008, and a person	2265
who prior to July 31, 2003, was an "out-of-state juvenile sex	2266
offender registrant" under the former definition of that former	2267
term.	2268

(Q) "Juvenile court judge" includes a magistrate to whom the	2269
juvenile court judge confers duties pursuant to division (A)(15)	2270
of section 2151.23 of the Revised Code.	2271

(R) "Adjudicated a delinquent child for committing a sexually	2272
oriented offense" includes a child who receives a serious youthful	2273
offender dispositional sentence under section 2152.13 of the	2274
Revised Code for committing a sexually oriented offense.	2275

(S) "School" and "school premises" have the same meanings as	2276
in section 2925.01 of the Revised Code.	2277

(T) "Residential premises" means the building in which a	2278
residential unit is located and the grounds upon which that	2279
building stands, extending to the perimeter of the property.	2280
"Residential premises" includes any type of structure in which a	2281
residential unit is located, including, but not limited to,	2282
multi-unit buildings and mobile and manufactured homes.	2283

(U) "Residential unit" means a dwelling unit for residential	2284
use and occupancy, and includes the structure or part of a	2285
structure that is used as a home, residence, or sleeping place by	2286
one person who maintains a household or two or more persons who	2287
maintain a common household. "Residential unit" does not include a	2288
halfway house or a community-based correctional facility.	2289

(V) "Multi-unit building" means a building in which is	2290
located more than twelve residential units that have entry doors	2291
that open directly into the unit from a hallway that is shared	2292
with one or more other units. A residential unit is not considered	2293
located in a multi-unit building if the unit does not have an	2294
entry door that opens directly into the unit from a hallway that	2295
is shared with one or more other units or if the unit is in a	2296
building that is not a multi-unit building as described in this	2297
division.	2298

(W) "Community control sanction" has the same meaning as in	2299
section 2929.01 of the Revised Code.	2300

(X) "Halfway house" and "community-based correctional	2301
facility" have the same meanings as in section 2929.01 of the	2302
Revised Code.	2303

Sec. 2951.041.  (A)(1) If an offender is charged with a	2304
criminal offense, including but not limited to a violation of	2305
section 2913.02, 2913.03, 2913.11, 2913.21, 2913.31, or 2919.21 of	2306
the Revised Code, and the court has reason to believe that drug or	2307
alcohol usage by the offender was a factor leading to the criminal	2308
offense with which the offender is charged or that, at the time of	2309
committing that offense, the offender had a mental illness or, was	2310
a person with intellectual disability, or was a victim of a	2311
violation of section 2905.32 of the Revised Code and that the	2312
mental illness or, status as a person with intellectual	2313
disability, or fact that the offender was a victim of a violation	2314
of section 2905.32 of the Revised Code was a factor leading to the	2315
offender's criminal behavior, the court may accept, prior to the	2316
entry of a guilty plea, the offender's request for intervention in	2317
lieu of conviction. The request shall include a statement from the	2318
offender as to whether the offender is alleging that drug or	2319
alcohol usage by the offender was a factor leading to the criminal	2320
offense with which the offender is charged or is alleging that, at	2321
the time of committing that offense, the offender had a mental	2322
illness or, was a person with intellectual disability, or was a	2323
victim of a violation of section 2905.32 of the Revised Code and	2324
that the mental illness or, status as a person with intellectual	2325
disability, or fact that the offender was a victim of a violation	2326
of section 2905.32 of the Revised Code was a factor leading to the	2327
criminal offense with which the offender is charged. The request	2328
also shall include a waiver of the defendant's right to a speedy	2329
trial, the preliminary hearing, the time period within which the	2330
grand jury may consider an indictment against the offender, and	2331
arraignment, unless the hearing, indictment, or arraignment has	2332
already occurred. The court may reject an offender's request	2333
without a hearing. If the court elects to consider an offender's	2334
request, the court shall conduct a hearing to determine whether	2335
the offender is eligible under this section for intervention in	2336
lieu of conviction and shall stay all criminal proceedings pending	2337
the outcome of the hearing. If the court schedules a hearing, the	2338
court shall order an assessment of the offender for the purpose of	2339
determining the offender's eligibility for intervention in lieu of	2340
conviction and recommending an appropriate intervention plan.	2341

If the offender alleges that drug or alcohol usage by the	2342
offender was a factor leading to the criminal offense with which	2343
the offender is charged, the court may order that the offender be	2344
assessed by a program certified pursuant to section 3793.06 of the	2345
Revised Code or a properly credentialed professional for the	2346
purpose of determining the offender's eligibility for intervention	2347
in lieu of conviction and recommending an appropriate intervention	2348
plan. The program or the properly credentialed professional shall	2349
provide a written assessment of the offender to the court.	2350

(2) The victim notification provisions of division (C) of	2351
section 2930.08 of the Revised Code apply in relation to any	2352
hearing held under division (A)(1) of this section.	2353

(B) An offender is eligible for intervention in lieu of	2354
conviction if the court finds all of the following:	2355

(1) The offender previously has not been convicted of or	2356
pleaded guilty to a felony offense of violence or previously has	2357
been convicted of or pleaded guilty to any felony that is not an	2358
offense of violence and the prosecuting attorney recommends that	2359
the offender be found eligible for participation in intervention	2360
in lieu of treatment under this section, previously has not been	2361
through intervention in lieu of conviction under this section or	2362
any similar regimen, and is charged with a felony for which the	2363
court, upon conviction, would impose a community control sanction	2364
on the offender under division (B)(2) of section 2929.13 of the	2365
Revised Code or with a misdemeanor.	2366

(2) The offense is not a felony of the first, second, or	2367
third degree, is not an offense of violence, is not a violation of	2368
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2369
not a violation of division (A)(1) of section 2903.08 of the	2370
Revised Code, is not a violation of division (A) of section	2371
4511.19 of the Revised Code or a municipal ordinance that is	2372
substantially similar to that division, and is not an offense for	2373
which a sentencing court is required to impose a mandatory prison	2374
term, a mandatory term of local incarceration, or a mandatory term	2375
of imprisonment in a jail.	2376

(3) The offender is not charged with a violation of section	2377
2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged	2378
with a violation of section 2925.03 of the Revised Code that is a	2379
felony of the first, second, third, or fourth degree, and is not	2380
charged with a violation of section 2925.11 of the Revised Code	2381
that is a felony of the first, second, or third degree.	2382

(4) If an offender alleges that drug or alcohol usage by the	2383
offender was a factor leading to the criminal offense with which	2384
the offender is charged, the court has ordered that the offender	2385
be assessed by a program certified pursuant to section 3793.06 of	2386
the Revised Code or a properly credentialed professional for the	2387
purpose of determining the offender's eligibility for intervention	2388
in lieu of conviction and recommending an appropriate intervention	2389
plan, the offender has been assessed by a program of that nature	2390
or a properly credentialed professional in accordance with the	2391
court's order, and the program or properly credentialed	2392
professional has filed the written assessment of the offender with	2393
the court.	2394

(5) If an offender alleges that, at the time of committing	2395
the criminal offense with which the offender is charged, the	2396
offender had a mental illness or, was a person with intellectual	2397
disability, or was a victim of a violation of section 2905.32 of	2398
the Revised Code and that the mental illness or, status as a	2399
person with intellectual disability, or fact that the offender was	2400
a victim of a violation of section 2905.32 of the Revised Code was	2401
a factor leading to that offense, the offender has been assessed	2402
by a psychiatrist, psychologist, independent social worker, or	2403
professional clinical counselor for the purpose of determining the	2404
offender's eligibility for intervention in lieu of conviction and	2405
recommending an appropriate intervention plan.	2406

(6) The offender's drug usage, alcohol usage, mental illness,	2407
or intellectual disability, or the fact that the offender was a	2408
victim of a violation of section 2905.32 of the Revised Code,	2409
whichever is applicable, was a factor leading to the criminal	2410
offense with which the offender is charged, intervention in lieu	2411
of conviction would not demean the seriousness of the offense, and	2412
intervention would substantially reduce the likelihood of any	2413
future criminal activity.	2414

(7) The alleged victim of the offense was not sixty-five	2415
years of age or older, permanently and totally disabled, under	2416
thirteen years of age, or a peace officer engaged in the officer's	2417
official duties at the time of the alleged offense.	2418

(8) If the offender is charged with a violation of section	2419
2925.24 of the Revised Code, the alleged violation did not result	2420
in physical harm to any person, and the offender previously has	2421
not been treated for drug abuse.	2422

(9) The offender is willing to comply with all terms and	2423
conditions imposed by the court pursuant to division (D) of this	2424
section.	2425

(10) The offender is not charged with an offense that would	2426
result in the offender being disqualified under Chapter 4506. of	2427
the Revised Code from operating a commercial motor vehicle or	2428
would subject the offender to any other sanction under that	2429
chapter.	2430

(C) At the conclusion of a hearing held pursuant to division	2431
(A) of this section, the court shall enter its determination as to	2432
whether the offender is eligible for intervention in lieu of	2433
conviction and as to whether to grant the offender's request. If	2434
the court finds under division (B) of this section that the	2435
offender is eligible for intervention in lieu of conviction and	2436
grants the offender's request, the court shall accept the	2437
offender's plea of guilty and waiver of the defendant's right to a	2438
speedy trial, the preliminary hearing, the time period within	2439
which the grand jury may consider an indictment against the	2440
offender, and arraignment, unless the hearing, indictment, or	2441
arraignment has already occurred. In addition, the court then may	2442
stay all criminal proceedings and order the offender to comply	2443
with all terms and conditions imposed by the court pursuant to	2444
division (D) of this section. If the court finds that the offender	2445
is not eligible or does not grant the offender's request, the	2446
criminal proceedings against the offender shall proceed as if the	2447
offender's request for intervention in lieu of conviction had not	2448
been made.	2449

(D) If the court grants an offender's request for	2450
intervention in lieu of conviction, the court shall place the	2451
offender under the general control and supervision of the county	2452
probation department, the adult parole authority, or another	2453
appropriate local probation or court services agency, if one	2454
exists, as if the offender was subject to a community control	2455
sanction imposed under section 2929.15, 2929.18, or 2929.25 of the	2456
Revised Code. The court shall establish an intervention plan for	2457
the offender. The terms and conditions of the intervention plan	2458
shall require the offender, for at least one year from the date on	2459
which the court grants the order of intervention in lieu of	2460
conviction, to abstain from the use of illegal drugs and alcohol,	2461
to participate in treatment and recovery support services, and to	2462
submit to regular random testing for drug and alcohol use and may	2463
include any other treatment terms and conditions, or terms and	2464
conditions similar to community control sanctions, which may	2465
include community service or restitution, that are ordered by the	2466
court.	2467

(E) If the court grants an offender's request for	2468
intervention in lieu of conviction and the court finds that the	2469
offender has successfully completed the intervention plan for the	2470
offender, including the requirement that the offender abstain from	2471
using illegal drugs and alcohol for a period of at least one year	2472
from the date on which the court granted the order of intervention	2473
in lieu of conviction, the requirement that the offender	2474
participate in treatment and recovery support services, and all	2475
other terms and conditions ordered by the court, the court shall	2476
dismiss the proceedings against the offender. Successful	2477
completion of the intervention plan and period of abstinence under	2478
this section shall be without adjudication of guilt and is not a	2479
criminal conviction for purposes of any disqualification or	2480
disability imposed by law and upon conviction of a crime, and the	2481
court may order the sealing of records related to the offense in	2482
question in the manner provided in sections 2953.31 to 2953.36 of	2483
the Revised Code.	2484

(F) If the court grants an offender's request for	2485
intervention in lieu of conviction and the offender fails to	2486
comply with any term or condition imposed as part of the	2487
intervention plan for the offender, the supervising authority for	2488
the offender promptly shall advise the court of this failure, and	2489
the court shall hold a hearing to determine whether the offender	2490
failed to comply with any term or condition imposed as part of the	2491
plan. If the court determines that the offender has failed to	2492
comply with any of those terms and conditions, it shall enter a	2493
finding of guilty and shall impose an appropriate sanction under	2494
Chapter 2929. of the Revised Code. If the court sentences the	2495
offender to a prison term, the court, after consulting with the	2496
department of rehabilitation and correction regarding the	2497
availability of services, may order continued court-supervised	2498
activity and treatment of the offender during the prison term and,	2499
upon consideration of reports received from the department	2500
concerning the offender's progress in the program of activity and	2501
treatment, may consider judicial release under section 2929.20 of	2502
the Revised Code.	2503

(G) As used in this section:

2504

(1) "Community control sanction" has the same meaning as in	2505
section 2929.01 of the Revised Code.	2506

(2) "Intervention in lieu of conviction" means any	2507
court-supervised activity that complies with this section.	2508

(3) "Peace officer" has the same meaning as in section	2509
2935.01 of the Revised Code.	2510

(4) "Mental illness" and "psychiatrist" have the same	2511
meanings as in section 5122.01 of the Revised Code.	2512

(5) "Person with intellectual disability" means a person	2513
having significantly subaverage general intellectual functioning	2514
existing concurrently with deficiencies in adaptive behavior,	2515
manifested during the developmental period.	2516

(6) "Psychologist" has the same meaning as in section 4732.01	2517
of the Revised Code.	2518

(H) Whenever the term "mentally retarded person" is used in	2519
any statute, rule, contract, grant, or other document, the	2520
reference shall be deemed to include a "person with intellectual	2521
disability," as defined in this section.	2522

Section 2. That existing sections 109.54, 2151.414, 2151.419,	2523
2901.13, 2905.32, 2907.02, 2907.05, 2907.07, 2907.22, 2907.24,	2524
2907.241, 2907.25, 2929.01, 2937.11, 2950.01, and 2951.041 of the	2525
Revised Code are hereby repealed.	2526

Section 3.  Section 2901.13 of the Revised Code is presented	2527
in this act as a composite of the section as amended by both Sub.	2528
H.B. 46 and S.B. 219 of the 127th General Assembly. The General	2529
Assembly, applying the principle stated in division (B) of section	2530
1.52 of the Revised Code that amendments are to be harmonized if	2531
reasonably capable of simultaneous operation, finds that the	2532
composite is the resulting version of the section in effect prior	2533
to the effective date of the section as presented in this act.	2534

Section 4.  This act is hereby declared to be an emergency	2535
measure necessary for the immediate preservation of the public	2536
peace, health, and safety. The reason for such necessity is that	2537
minors are particularly vulnerable to becoming victims of the	2538
offenses described in this act. Therefore this act shall go into	2539
immediate effect.	2540