Bill Text: OH HB98 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To provide notice to a long-term care facility when a Tier III or similar category sex offender/child-victim offender indicates an intent to reside in the facility or registers an address within the specified geographical notification area including the facility.

Spectrum: Slight Partisan Bill (Republican 7-4)

Status: (Introduced - Dead) 2009-03-24 - To Public Safety & Homeland Security [HB98 Detail]

Download: Ohio-2009-HB98-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 98

Representative Combs 

Cosponsors: Representatives Huffman, Grossman, Bubp, Evans, Stebelton, Harwood, Chandler, Okey, Derickson, Newcomb 

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A BILL

To amend sections 2950.01, 2950.11, 2950.12, and

1

2950.13 of the Revised Code to provide notice to

2

a long-term care facility when a Tier III or

3

similar category sex offender/child-victim

4

offender indicates an intent to reside in the

5

facility or registers an address within the

6

specified geographical notification area

7

including the facility.

8

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

Section 1. That sections 2950.01, 2950.11, 2950.12, and	9
2950.13 of the Revised Code be amended to read as follows:	10

Sec. 2950.01. As used in this chapter, unless the context	11
clearly requires otherwise:	12

(A) "Sexually oriented offense" means any of the following	13
violations or offenses committed by a person, regardless of the	14
person's age:	15

(1) A violation of section 2907.02, 2907.03, 2907.05,	16
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,	17
or 2907.323 of the Revised Code;	18

(2) A violation of section 2907.04 of the Revised Code when	19
the offender is less than four years older than the other person	20
with whom the offender engaged in sexual conduct, the other person	21
did not consent to the sexual conduct, and the offender previously	22
has not been convicted of or pleaded guilty to a violation of	23
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	24
violation of former section 2907.12 of the Revised Code;	25

(3) A violation of section 2907.04 of the Revised Code when	26
the offender is at least four years older than the other person	27
with whom the offender engaged in sexual conduct or when the	28
offender is less than four years older than the other person with	29
whom the offender engaged in sexual conduct and the offender	30
previously has been convicted of or pleaded guilty to a violation	31
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	32
violation of former section 2907.12 of the Revised Code;	33

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	34
the Revised Code when the violation was committed with a sexual	35
motivation;	36

(5) A violation of division (A) of section 2903.04 of the	37
Revised Code when the offender committed or attempted to commit	38
the felony that is the basis of the violation with a sexual	39
motivation;	40

(6) A violation of division (A)(3) of section 2903.211 of the	41
Revised Code;	42

(7) A violation of division (A)(1), (2), (3), or (5) of	43
section 2905.01 of the Revised Code when the offense is committed	44
with a sexual motivation;	45

(8) A violation of division (A)(4) of section 2905.01 of the	46
Revised Code;	47

(9) A violation of division (B) of section 2905.01 of the	48
Revised Code when the victim of the offense is under eighteen	49
years of age and the offender is not a parent of the victim of the	50
offense;	51

(10) A violation of division (B) of section 2905.02, of	52
division (B) of section 2905.03, of division (B) of section	53
2905.05, or of division (B)(5) of section 2919.22 of the Revised	54
Code;	55

(11) A violation of any former law of this state, any	56
existing or former municipal ordinance or law of another state or	57
the United States, any existing or former law applicable in a	58
military court or in an Indian tribal court, or any existing or	59
former law of any nation other than the United States that is or	60
was substantially equivalent to any offense listed in division	61
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this	62
section;	63

(12) Any attempt to commit, conspiracy to commit, or	64
complicity in committing any offense listed in division (A)(1),	65
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this	66
section.	67

(B)(1) "Sex offender" means, subject to division (B)(2) of	68
this section, a person who is convicted of, pleads guilty to, has	69
been convicted of, has pleaded guilty to, is adjudicated a	70
delinquent child for committing, or has been adjudicated a	71
delinquent child for committing any sexually oriented offense.	72

(2) "Sex offender" does not include a person who is convicted	73
of, pleads guilty to, has been convicted of, has pleaded guilty	74
to, is adjudicated a delinquent child for committing, or has been	75
adjudicated a delinquent child for committing a sexually oriented	76
offense if the offense involves consensual sexual conduct or	77
consensual sexual contact and either of the following applies:	78

(a) The victim of the sexually oriented offense was eighteen	79
years of age or older and at the time of the sexually oriented	80
offense was not under the custodial authority of the person who is	81
convicted of, pleads guilty to, has been convicted of, has pleaded	82
guilty to, is adjudicated a delinquent child for committing, or	83
has been adjudicated a delinquent child for committing the	84
sexually oriented offense.	85

(b) The victim of the offense was thirteen years of age or	86
older, and the person who is convicted of, pleads guilty to, has	87
been convicted of, has pleaded guilty to, is adjudicated a	88
delinquent child for committing, or has been adjudicated a	89
delinquent child for committing the sexually oriented offense is	90
not more than four years older than the victim.	91

(C) "Child-victim oriented offense" means any of the	92
following violations or offenses committed by a person, regardless	93
of the person's age, when the victim is under eighteen years of	94
age and is not a child of the person who commits the violation:	95

(1) A violation of division (A)(1), (2), (3), or (5) of	96
section 2905.01 of the Revised Code when the violation is not	97
included in division (A)(7) of this section;	98

(2) A violation of division (A) of section 2905.02, division	99
(A) of section 2905.03, or division (A) of section 2905.05 of the	100
Revised Code;	101

(3) A violation of any former law of this state, any existing	102
or former municipal ordinance or law of another state or the	103
United States, any existing or former law applicable in a military	104
court or in an Indian tribal court, or any existing or former law	105
of any nation other than the United States that is or was	106
substantially equivalent to any offense listed in division (C)(1)	107
or (2) of this section;	108

(4) Any attempt to commit, conspiracy to commit, or	109
complicity in committing any offense listed in division (C)(1),	110
(2), or (3) of this section.	111

(D) "Child-victim offender" means a person who is convicted	112
of, pleads guilty to, has been convicted of, has pleaded guilty	113
to, is adjudicated a delinquent child for committing, or has been	114
adjudicated a delinquent child for committing any child-victim	115
oriented offense.	116

(E) "Tier I sex offender/child-victim offender" means any of	117
the following:	118

(1) A sex offender who is convicted of, pleads guilty to, has	119
been convicted of, or has pleaded guilty to any of the following	120
sexually oriented offenses:	121

(a) A violation of section 2907.06, 2907.07, 2907.08, or	122
2907.32 of the Revised Code;	123

(b) A violation of section 2907.04 of the Revised Code when	124
the offender is less than four years older than the other person	125
with whom the offender engaged in sexual conduct, the other person	126
did not consent to the sexual conduct, and the offender previously	127
has not been convicted of or pleaded guilty to a violation of	128
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	129
violation of former section 2907.12 of the Revised Code;	130

(c) A violation of division (A)(1), (2), (3), or (5) of	131
section 2907.05 of the Revised Code;	132

(d) A violation of division (A)(3) of section 2907.323 of the	133
Revised Code;	134

(e) A violation of division (A)(3) of section 2903.211, of	135
division (B) of section 2905.03, or of division (B) of section	136
2905.05 of the Revised Code;	137

(f) A violation of any former law of this state, any existing	138
or former municipal ordinance or law of another state or the	139
United States, any existing or former law applicable in a military	140
court or in an Indian tribal court, or any existing or former law	141
of any nation other than the United States, that is or was	142
substantially equivalent to any offense listed in division	143
(E)(1)(a), (b), (c), (d), or (e) of this section;	144

(g) Any attempt to commit, conspiracy to commit, or	145
complicity in committing any offense listed in division (E)(1)(a),	146
(b), (c), (d), (e), or (f) of this section.	147

(2) A child-victim offender who is convicted of, pleads	148
guilty to, has been convicted of, or has pleaded guilty to a	149
child-victim oriented offense and who is not within either	150
category of child-victim offender described in division (F)(2) or	151
(G)(2) of this section.	152

(3) A sex offender who is adjudicated a delinquent child for	153
committing or has been adjudicated a delinquent child for	154
committing any sexually oriented offense and who a juvenile court,	155
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	156
Revised Code, classifies a tier I sex offender/child-victim	157
offender relative to the offense.	158

(4) A child-victim offender who is adjudicated a delinquent	159
child for committing or has been adjudicated a delinquent child	160
for committing any child-victim oriented offense and who a	161
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	162
2152.85 of the Revised Code, classifies a tier I sex	163
offender/child-victim offender relative to the offense.	164

(F) "Tier II sex offender/child-victim offender" means any of	165
the following:	166

(1) A sex offender who is convicted of, pleads guilty to, has	167
been convicted of, or has pleaded guilty to any of the following	168
sexually oriented offenses:	169

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	170
the Revised Code;	171

(b) A violation of section 2907.04 of the Revised Code when	172
the offender is at least four years older than the other person	173
with whom the offender engaged in sexual conduct, or when the	174
offender is less than four years older than the other person with	175
whom the offender engaged in sexual conduct and the offender	176
previously has been convicted of or pleaded guilty to a violation	177
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	178
former section 2907.12 of the Revised Code;	179

(c) A violation of division (A)(4) of section 2907.05 or of	180
division (A)(1) or (2) of section 2907.323 of the Revised Code;	181

(d) A violation of division (A)(1), (2), (3), or (5) of	182
section 2905.01 of the Revised Code when the offense is committed	183
with a sexual motivation;	184

(e) A violation of division (A)(4) of section 2905.01 of the	185
Revised Code when the victim of the offense is eighteen years of	186
age or older;	187

(f) A violation of division (B) of section 2905.02 or of	188
division (B)(5) of section 2919.22 of the Revised Code;	189

(g) A violation of any former law of this state, any existing	190
or former municipal ordinance or law of another state or the	191
United States, any existing or former law applicable in a military	192
court or in an Indian tribal court, or any existing or former law	193
of any nation other than the United States that is or was	194
substantially equivalent to any offense listed in division	195
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;	196

(h) Any attempt to commit, conspiracy to commit, or	197
complicity in committing any offense listed in division (F)(1)(a),	198
(b), (c), (d), (e), (f), or (g) of this section;	199

(i) Any sexually oriented offense that is committed after the	200
sex offender previously has been convicted of, pleaded guilty to,	201
or has been adjudicated a delinquent child for committing any	202
sexually oriented offense or child-victim oriented offense for	203
which the offender was classified a tier I sex	204
offender/child-victim offender.	205

(2) A child-victim offender who is convicted of, pleads	206
guilty to, has been convicted of, or has pleaded guilty to any	207
child-victim oriented offense when the child-victim oriented	208
offense is committed after the child-victim offender previously	209
has been convicted of, pleaded guilty to, or been adjudicated a	210
delinquent child for committing any sexually oriented offense or	211
child-victim oriented offense for which the offender was	212
classified a tier I sex offender/child-victim offender.	213

(3) A sex offender who is adjudicated a delinquent child for	214
committing or has been adjudicated a delinquent child for	215
committing any sexually oriented offense and who a juvenile court,	216
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	217
Revised Code, classifies a tier II sex offender/child-victim	218
offender relative to the offense.	219

(4) A child-victim offender who is adjudicated a delinquent	220
child for committing or has been adjudicated a delinquent child	221
for committing any child-victim oriented offense and whom a	222
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	223
2152.85 of the Revised Code, classifies a tier II sex	224
offender/child-victim offender relative to the current offense.	225

(5) A sex offender or child-victim offender who is not in any	226
category of tier II sex offender/child-victim offender set forth	227
in division (F)(1), (2), (3), or (4) of this section, who prior to	228
January 1, 2008, was adjudicated a delinquent child for committing	229
a sexually oriented offense or child-victim oriented offense, and	230
who prior to that date was determined to be a habitual sex	231
offender or determined to be a habitual child-victim offender,	232
unless either of the following applies:	233

(a) The sex offender or child-victim offender is reclassified	234
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	235
tier I sex offender/child-victim offender or a tier III sex	236
offender/child-victim offender relative to the offense.	237

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	238
2152.84, or 2152.85 of the Revised Code, classifies the child a	239
tier I sex offender/child-victim offender or a tier III sex	240
offender/child-victim offender relative to the offense.	241

(G) "Tier III sex offender/child-victim offender" means any	242
of the following:	243

(1) A sex offender who is convicted of, pleads guilty to, has	244
been convicted of, or has pleaded guilty to any of the following	245
sexually oriented offenses:	246

(a) A violation of section 2907.02 or 2907.03 of the Revised	247
Code;	248

(b) A violation of division (B) of section 2907.05 of the	249
Revised Code;	250

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	251
the Revised Code when the violation was committed with a sexual	252
motivation;	253

(d) A violation of division (A) of section 2903.04 of the	254
Revised Code when the offender committed or attempted to commit	255
the felony that is the basis of the violation with a sexual	256
motivation;	257

(e) A violation of division (A)(4) of section 2905.01 of the	258
Revised Code when the victim of the offense is under eighteen	259
years of age;	260

(f) A violation of division (B) of section 2905.01 of the	261
Revised Code when the victim of the offense is under eighteen	262
years of age and the offender is not a parent of the victim of the	263
offense;	264

(g) A violation of any former law of this state, any existing	265
or former municipal ordinance or law of another state or the	266
United States, any existing or former law applicable in a military	267
court or in an Indian tribal court, or any existing or former law	268
of any nation other than the United States that is or was	269
substantially equivalent to any offense listed in division	270
(G)(1)(a), (b), (c), (d), (e), or (f) of this section;	271

(h) Any attempt to commit, conspiracy to commit, or	272
complicity in committing any offense listed in division (G)(1)(a),	273
(b), (c), (d), (e), (f), or (g) of this section;	274

(i) Any sexually oriented offense that is committed after the	275
sex offender previously has been convicted of, pleaded guilty to,	276
or been adjudicated a delinquent child for committing any sexually	277
oriented offense or child-victim oriented offense for which the	278
offender was classified a tier II sex offender/child-victim	279
offender or a tier III sex offender/child-victim offender.	280

(2) A child-victim offender who is convicted of, pleads	281
guilty to, has been convicted of, or has pleaded guilty to any	282
child-victim oriented offense when the child-victim oriented	283
offense is committed after the child-victim offender previously	284
has been convicted of, pleaded guilty to, or been adjudicated a	285
delinquent child for committing any sexually oriented offense or	286
child-victim oriented offense for which the offender was	287
classified a tier II sex offender/child-victim offender or a tier	288
III sex offender/child-victim offender.	289

(3) A sex offender who is adjudicated a delinquent child for	290
committing or has been adjudicated a delinquent child for	291
committing any sexually oriented offense and who a juvenile court,	292
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	293
Revised Code, classifies a tier III sex offender/child-victim	294
offender relative to the offense.	295

(4) A child-victim offender who is adjudicated a delinquent	296
child for committing or has been adjudicated a delinquent child	297
for committing any child-victim oriented offense and whom a	298
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	299
2152.85 of the Revised Code, classifies a tier III sex	300
offender/child-victim offender relative to the current offense.	301

(5) A sex offender or child-victim offender who is not in	302
any category of tier III sex offender/child-victim offender set	303
forth in division (G)(1), (2), (3), or (4) of this section, who	304
prior to January 1, 2008, was convicted of or pleaded guilty to a	305
sexually oriented offense or child-victim oriented offense or was	306
adjudicated a delinquent child for committing a sexually oriented	307
offense or child-victim oriented offense and classified a juvenile	308
offender registrant, and who prior to that date was adjudicated a	309
sexual predator or adjudicated a child-victim predator, unless	310
either of the following applies:	311

(a) The sex offender or child-victim offender is reclassified	312
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	313
tier I sex offender/child-victim offender or a tier II sex	314
offender/child-victim offender relative to the offense.	315

(b) The sex offender or child-victim offender is a delinquent	316
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	317
2152.84, or 2152.85 of the Revised Code, classifies the child a	318
tier I sex offender/child-victim offender or a tier II sex	319
offender/child-victim offender relative to the offense.	320

(6) A sex offender who is convicted of, pleads guilty to, was	321
convicted of, or pleaded guilty to a sexually oriented offense, if	322
the sexually oriented offense and the circumstances in which it	323
was committed are such that division (F) of section 2971.03 of the	324
Revised Code automatically classifies the offender as a tier III	325
sex offender/child-victim offender;	326

(7) A sex offender or child-victim offender who is convicted	327
of, pleads guilty to, was convicted of, pleaded guilty to, is	328
adjudicated a delinquent child for committing, or was adjudicated	329
a delinquent child for committing a sexually oriented offense or	330
child-victim offense in another state, in a federal court,	331
military court, or Indian tribal court, or in a court in any	332
nation other than the United States if both of the following	333
apply:	334

(a) Under the law of the jurisdiction in which the offender	335
was convicted or pleaded guilty or the delinquent child was	336
adjudicated, the offender or delinquent child is in a category	337
substantially equivalent to a category of tier III sex	338
offender/child-victim offender described in division (G)(1), (2),	339
(3), (4), (5), or (6) of this section.	340

(b) Subsequent to the conviction, plea of guilty, or	341
adjudication in the other jurisdiction, the offender or delinquent	342
child resides, has temporary domicile, attends school or an	343
institution of higher education, is employed, or intends to reside	344
in this state in any manner and for any period of time that	345
subjects the offender or delinquent child to a duty to register or	346
provide notice of intent to reside under section 2950.04 or	347
2950.041 of the Revised Code.	348

(H) "Confinement" includes, but is not limited to, a	349
community residential sanction imposed pursuant to section 2929.16	350
or 2929.26 of the Revised Code.	351

(I) "Prosecutor" has the same meaning as in section 2935.01	352
of the Revised Code.	353

(J) "Supervised release" means a release of an offender from	354
a prison term, a term of imprisonment, or another type of	355
confinement that satisfies either of the following conditions:	356

(1) The release is on parole, a conditional pardon, under a	357
community control sanction, under transitional control, or under a	358
post-release control sanction, and it requires the person to	359
report to or be supervised by a parole officer, probation officer,	360
field officer, or another type of supervising officer.	361

(2) The release is any type of release that is not described	362
in division (J)(1) of this section and that requires the person	363
to report to or be supervised by a probation officer, a parole	364
officer, a field officer, or another type of supervising officer.	365

(K) "Sexually violent predator specification," "sexually	366
violent predator," "sexually violent offense," "sexual motivation	367
specification," "designated homicide, assault, or kidnapping	368
offense," and "violent sex offense" have the same meanings as in	369
section 2971.01 of the Revised Code.	370

(L) "Post-release control sanction" and "transitional	371
control" have the same meanings as in section 2967.01 of the	372
Revised Code.	373

(M) "Juvenile offender registrant" means a person who is	374
adjudicated a delinquent child for committing on or after January	375
1, 2002, a sexually oriented offense or a child-victim oriented	376
offense, who is fourteen years of age or older at the time of	377
committing the offense, and who a juvenile court judge, pursuant	378
to an order issued under section 2152.82, 2152.83, 2152.84,	379
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	380
offender registrant and specifies has a duty to comply with	381
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	382
Code. "Juvenile offender registrant" includes a person who prior	383
to January 1, 2008, was a "juvenile offender registrant" under	384
the definition of the term in existence prior to January 1, 2008,	385
and a person who prior to July 31, 2003, was a "juvenile sex	386
offender registrant" under the former definition of that former	387
term.	388

(N) "Public registry-qualified juvenile offender registrant"	389
means a person who is adjudicated a delinquent child and on whom	390
a juvenile court has imposed a serious youthful offender	391
dispositional sentence under section 2152.13 of the Revised Code	392
before, on, or after January 1, 2008, and to whom all of the	393
following apply:	394

(1) The person is adjudicated a delinquent child for	395
committing, attempting to commit, conspiring to commit, or	396
complicity in committing one of the following acts:	397

(a) A violation of section 2907.02 of the Revised Code,	398
division (B) of section 2907.05 of the Revised Code, or section	399
2907.03 of the Revised Code if the victim of the violation was	400
less than twelve years of age;	401

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	402
the Revised Code that was committed with a purpose to gratify the	403
sexual needs or desires of the child.	404

(2) The person was fourteen, fifteen, sixteen, or seventeen	405
years of age at the time of committing the act.	406

(3) A juvenile court judge, pursuant to an order issued under	407
section 2152.86 of the Revised Code, classifies the person a	408
juvenile offender registrant, specifies the person has a duty to	409
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	410
Code, and classifies the person a public registry-qualified	411
juvenile offender registrant, and the classification of the person	412
as a public registry-qualified juvenile offender registrant has	413
not been terminated pursuant to division (D) of section 2152.86 of	414
the Revised Code.	415

(O) "Secure facility" means any facility that is designed and	416
operated to ensure that all of its entrances and exits are locked	417
and under the exclusive control of its staff and to ensure that,	418
because of that exclusive control, no person who is	419
institutionalized or confined in the facility may leave the	420
facility without permission or supervision.	421

(P) "Out-of-state juvenile offender registrant" means a	422
person who is adjudicated a delinquent child in a court in another	423
state, in a federal court, military court, or Indian tribal court,	424
or in a court in any nation other than the United States for	425
committing a sexually oriented offense or a child-victim oriented	426
offense, who on or after January 1, 2002, moves to and resides in	427
this state or temporarily is domiciled in this state for more than	428
five days, and who has a duty under section 2950.04 or 2950.041	429
of the Revised Code to register in this state and the duty to	430
otherwise comply with that applicable section and sections	431
2950.05 and 2950.06 of the Revised Code. "Out-of-state juvenile	432
offender registrant" includes a person who prior to January 1,	433
2008, was an "out-of-state juvenile offender registrant" under	434
the definition of the term in existence prior to January 1, 2008,	435
and a person who prior to July 31, 2003, was an "out-of-state	436
juvenile sex offender registrant" under the former definition of	437
that former term.	438

(Q) "Juvenile court judge" includes a magistrate to whom the	439
juvenile court judge confers duties pursuant to division (A)(15)	440
of section 2151.23 of the Revised Code.	441

(R) "Adjudicated a delinquent child for committing a	442
sexually oriented offense" includes a child who receives a serious	443
youthful offender dispositional sentence under section 2152.13 of	444
the Revised Code for committing a sexually oriented offense.	445

(S) "School" and "school premises" have the same meanings as	446
in section 2925.01 of the Revised Code.	447

(T) "Residential premises" means the building in which a	448
residential unit is located and the grounds upon which that	449
building stands, extending to the perimeter of the property.	450
"Residential premises" includes any type of structure in which a	451
residential unit is located, including, but not limited to,	452
multi-unit buildings and mobile and manufactured homes.	453

(U) "Residential unit" means a dwelling unit for residential	454
use and occupancy, and includes the structure or part of a	455
structure that is used as a home, residence, or sleeping place by	456
one person who maintains a household or two or more persons who	457
maintain a common household. "Residential unit" does not include	458
a halfway house or a community-based correctional facility.	459

(V) "Multi-unit building" means a building in which is	460
located more than twelve residential units that have entry doors	461
that open directly into the unit from a hallway that is shared	462
with one or more other units. A residential unit is not considered	463
located in a multi-unit building if the unit does not have an	464
entry door that opens directly into the unit from a hallway that	465
is shared with one or more other units or if the unit is in a	466
building that is not a multi-unit building as described in this	467
division.	468

(W) "Community control sanction" has the same meaning as in	469
section 2929.01 of the Revised Code.	470

(X) "Halfway house" and "community-based correctional	471
facility" have the same meanings as in section 2929.01 of the	472
Revised Code.	473

(Y) "Long-term care facility" and "sponsor" have the same	474
meanings as in section 173.14 of the Revised Code.	475

Sec. 2950.11.  (A) Regardless of when the sexually oriented	476
offense or child-victim oriented offense was committed, if a	477
person is convicted of, pleads guilty to, has been convicted of,	478
or has pleaded guilty to a sexually oriented offense or a	479
child-victim oriented offense or a person is or has been	480
adjudicated a delinquent child for committing a sexually oriented	481
offense or a child-victim oriented offense and is classified a	482
juvenile offender registrant or is an out-of-state juvenile	483
offender registrant based on that adjudication, and if the	484
offender or delinquent child is in any category specified in	485
division (F)(1)(a), (b), or (c) of this section, the sheriff with	486
whom the offender or delinquent child has most recently registered	487
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	488
and the sheriff to whom the offender or delinquent child most	489
recently sent a notice of intent to reside under section 2950.04	490
or 2950.041 of the Revised Code, within the period of time	491
specified in division (C) of this section, shall provide a written	492
notice containing the information set forth in division (B) of	493
this section to all of the persons described in divisions (A)(1)	494
to (10)(11) of this section. If the sheriff has sent a notice to	495
the persons described in those divisions as a result of	496
receiving a notice of intent to reside and if the offender or	497
delinquent child registers a residence address that is the same	498
residence address described in the notice of intent to reside,	499
the sheriff is not required to send an additional notice when	500
the offender or delinquent child registers. The sheriff shall	501
provide the notice to all of the following persons:	502

(1)(a) Any occupant of each residential unit that is located	503
within one thousand feet of the offender's or delinquent child's	504
residential premises, that is located within the county served by	505
the sheriff, and that is not located in a multi-unit building.	506
Division (D)(3) of this section applies regarding notices required	507
under this division.	508

(b) If the offender or delinquent child resides in a	509
multi-unit building, any occupant of each residential unit that is	510
located in that multi-unit building and that shares a common	511
hallway with the offender or delinquent child. For purposes of	512
this division, an occupant's unit shares a common hallway with the	513
offender or delinquent child if the entrance door into the	514
occupant's unit is located on the same floor and opens into the	515
same hallway as the entrance door to the unit the offender or	516
delinquent child occupies. Division (D)(3) of this section applies	517
regarding notices required under this division.	518

(c) The building manager, or the person the building owner or	519
condominium unit owners association authorizes to exercise	520
management and control, of each multi-unit building that is	521
located within one thousand feet of the offender's or delinquent	522
child's residential premises, including a multi-unit building in	523
which the offender or delinquent child resides, and that is	524
located within the county served by the sheriff. In addition to	525
notifying the building manager or the person authorized to	526
exercise management and control in the multi-unit building under	527
this division, the sheriff shall post a copy of the notice	528
prominently in each common entryway in the building and any other	529
location in the building the sheriff determines appropriate. The	530
manager or person exercising management and control of the	531
building shall permit the sheriff to post copies of the notice	532
under this division as the sheriff determines appropriate. In lieu	533
of posting copies of the notice as described in this division, a	534
sheriff may provide notice to all occupants of the multi-unit	535
building by mail or personal contact; if the sheriff so notifies	536
all the occupants, the sheriff is not required to post copies of	537
the notice in the common entryways to the building. Division	538
(D)(3) of this section applies regarding notices required under	539
this division.	540

(d) All additional persons who are within any category of	541
neighbors of the offender or delinquent child that the attorney	542
general by rule adopted under section 2950.13 of the Revised Code	543
requires to be provided the notice and who reside within the	544
county served by the sheriff;	545

(2) The executive director of the public children services	546
agency that has jurisdiction within the specified geographical	547
notification area and that is located within the county served by	548
the sheriff;	549

(3)(a) The superintendent of each board of education of a	550
school district that has schools within the specified geographical	551
notification area and that is located within the county served by	552
the sheriff;	553

(b) The principal of the school within the specified	554
geographical notification area and within the county served by the	555
sheriff that the delinquent child attends;	556

(c) If the delinquent child attends a school outside of the	557
specified geographical notification area or outside of the school	558
district where the delinquent child resides, the superintendent of	559
the board of education of a school district that governs the	560
school that the delinquent child attends and the principal of the	561
school that the delinquent child attends.	562

(4)(a) The appointing or hiring officer of each chartered	563
nonpublic school located within the specified geographical	564
notification area and within the county served by the sheriff or	565
of each other school located within the specified geographical	566
notification area and within the county served by the sheriff and	567
that is not operated by a board of education described in division	568
(A)(3) of this section;	569

(b) Regardless of the location of the school, the appointing	570
or hiring officer of a chartered nonpublic school that the	571
delinquent child attends.	572

(5) The director, head teacher, elementary principal, or site	573
administrator of each preschool program governed by Chapter 3301.	574
of the Revised Code that is located within the specified	575
geographical notification area and within the county served by the	576
sheriff;	577

(6) The administrator of each child day-care center or type A	578
family day-care home that is located within the specified	579
geographical notification area and within the county served by the	580
sheriff, and the provider of each certified type B family day-care	581
home that is located within the specified geographical	582
notification area and within the county served by the sheriff. As	583
used in this division, "child day-care center," "type A family	584
day-care home," and "certified type B family day-care home" have	585
the same meanings as in section 5104.01 of the Revised Code.	586

(7) The president or other chief administrative officer of	587
each institution of higher education, as defined in section	588
2907.03 of the Revised Code, that is located within the specified	589
geographical notification area and within the county served by the	590
sheriff, and the chief law enforcement officer of the state	591
university law enforcement agency or campus police department	592
established under section 3345.04 or 1713.50 of the Revised Code,	593
if any, that serves that institution;	594

(8) The sheriff of each county that includes any portion of	595
the specified geographical notification area;	596

(9) If the offender or delinquent child resides within the	597
county served by the sheriff, the chief of police, marshal, or	598
other chief law enforcement officer of the municipal corporation	599
in which the offender or delinquent child resides or, if the	600
offender or delinquent child resides in an unincorporated area,	601
the constable or chief of the police department or police district	602
police force of the township in which the offender or delinquent	603
child resides;	604

(10) Volunteer organizations in which contact with minors or	605
other vulnerable individuals might occur or any organization,	606
company, or individual who requests notification as provided in	607
division (J) of this section;	608

(11)(a) The manager of a long-term care facility where the	609
offender or delinquent child will reside or that is located within	610
the specified geographical notification area and within the county	611
served by the sheriff;	612

(b) The manager of a long-term care facility who receives any	613
notice pursuant to division (A)(11)(a) of this section shall	614
provide a copy of the notice to all residents of the long-term	615
care facility and to the sponsor of each of those residents.	616

(B) The notice required under division (A) of this section	617
shall include all of the following information regarding the	618
subject offender or delinquent child:	619

(1) The offender's or delinquent child's name;

620

(2) The address or addresses of the offender's or public	621
registry-qualified juvenile offender registrant's residence,	622
school, institution of higher education, or place of employment,	623
as applicable, or the residence address or addresses of a	624
delinquent child who is not a public registry-qualified juvenile	625
offender registrant;	626

(3) The sexually oriented offense or child-victim oriented	627
offense of which the offender was convicted, to which the offender	628
pleaded guilty, or for which the child was adjudicated a	629
delinquent child;	630

(4) A statement that identifies the category specified in	631
division (F)(1)(a), (b), or (c) of this section that includes the	632
offender or delinquent child and that subjects the offender or	633
delinquent child to this section;	634

(5) The offender's or delinquent child's photograph.

635

(C) If a sheriff with whom an offender or delinquent child	636
registers under section 2950.04, 2950.041, or 2950.05 of the	637
Revised Code or to whom the offender or delinquent child most	638
recently sent a notice of intent to reside under section 2950.04	639
or 2950.041 of the Revised Code is required by division (A) of	640
this section to provide notices regarding an offender or	641
delinquent child and if, pursuant to that requirement, the sheriff	642
provides a notice to a sheriff of one or more other counties in	643
accordance with division (A)(8) of this section, the sheriff of	644
each of the other counties who is provided notice under division	645
(A)(8) of this section shall provide the notices described in	646
divisions (A)(1) to (7) and (A)(9) and (10)to (11) of this	647
section to each person or entity identified within those	648
divisions that is located within the specified geographical	649
notification area and within the county served by the sheriff in	650
question.	651

(D)(1) A sheriff required by division (A) or (C) of this	652
section to provide notices regarding an offender or delinquent	653
child shall provide the notice to the neighbors that are described	654
in division (A)(1) of this section and the notices to law	655
enforcement personnel that are described in divisions (A)(8) and	656
(9) of this section as soon as practicable, but no later than five	657
days after the offender sends the notice of intent to reside to	658
the sheriff and again no later than five days after the offender	659
or delinquent child registers with the sheriff or, if the sheriff	660
is required by division (C) of this section to provide the	661
notices, no later than five days after the sheriff is provided the	662
notice described in division (A)(8) of this section.	663

A sheriff required by division (A) or (C) of this section to	664
provide notices regarding an offender or delinquent child shall	665
provide the notices to all other specified persons that are	666
described in divisions (A)(2) to (7) and (A), (10), and (11) of	667
this section as soon as practicable, but not later than seven	668
days after the offender or delinquent child registers with the	669
sheriff or, if the sheriff is required by division (C) of this	670
section to provide the notices, no later than five days after the	671
sheriff is provided the notice described in division (A)(8) of	672
this section.	673

(2) If an offender or delinquent child in relation to whom	674
division (A) of this section applies verifies the offender's or	675
delinquent child's current residence, school, institution of	676
higher education, or place of employment address, as applicable,	677
with a sheriff pursuant to section 2950.06 of the Revised Code,	678
the sheriff may provide a written notice containing the	679
information set forth in division (B) of this section to the	680
persons identified in divisions (A)(1) to (10)(11) of this	681
section. If a sheriff provides a notice pursuant to this division	682
to the sheriff of one or more other counties in accordance with	683
division (A)(8) of this section, the sheriff of each of the other	684
counties who is provided the notice under division (A)(8) of this	685
section may provide, but is not required to provide, a written	686
notice containing the information set forth in division (B) of	687
this section to the persons identified in divisions (A)(1) to (7)	688
and (A)(9) and (10)to (11) of this section.	689

(3) A sheriff may provide notice under division (A)(1)(a) or	690
(b) of this section, and may provide notice under division	691
(A)(1)(c) of this section to a building manager or person	692
authorized to exercise management and control of a building, by	693
mail, by personal contact, or by leaving the notice at or under	694
the entry door to a residential unit. For purposes of divisions	695
(A)(1)(a) and (b) of this section, and the portion of division	696
(A)(1)(c) of this section relating to the provision of notice to	697
occupants of a multi-unit building by mail or personal contact,	698
the provision of one written notice per unit is deemed as	699
providing notice to all occupants of that unit.	700

(E) All information that a sheriff possesses regarding an	701
offender or delinquent child who is in a category specified in	702
division (F)(1)(a), (b), or (c) of this section that is described	703
in division (B) of this section and that must be provided in a	704
notice required under division (A) or (C) of this section or that	705
may be provided in a notice authorized under division (D)(2) of	706
this section is a public record that is open to inspection under	707
section 149.43 of the Revised Code.	708

The sheriff shall not cause to be publicly disseminated by	709
means of the internet any of the information described in this	710
division that is provided by a delinquent child unless that child	711
is in a category specified in division (F)(1)(a), (b), or (c) of	712
this section.	713

(F)(1) Except as provided in division (F)(2) of this	714
section, the duties to provide the notices described in divisions	715
(A) and (C) of this section apply regarding any offender or	716
delinquent child who is in any of the following categories:	717

(a) The offender is a tier III sex offender/child-victim	718
offender, or the delinquent child is a public registry-qualified	719
juvenile offender registrant, and a juvenile court has not	720
removed pursuant to section 2950.15 of the Revised Code the	721
delinquent child's duty to comply with sections 2950.04,	722
2950.041, 2950.05, and 2950.06 of the Revised Code.	723

(b) The delinquent child is a tier III sex	724
offender/child-victim offender who is not a public-registry	725
qualifiedpublic registry-qualified juvenile offender registrant,	726
the delinquent child was subjected to this section prior to the	727
effective date of this amendmentJanuary 1, 2008, as a sexual	728
predator, habitual sex offender, child-victim predator, or	729
habitual child-victim offender, as those terms were defined in	730
section 2950.01 of the Revised Code as it existed prior to the	731
effective date of this amendmentJanuary 1, 2008, and a juvenile	732
court has not removed pursuant to section 2152.84 or 2152.85 of	733
the Revised Code the delinquent child's duty to comply with	734
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	735
Code.	736

(c) The delinquent child is a tier III sex	737
offender/child-victim offender who is not a public	738
registry-qualified juvenile offender registrant, the delinquent	739
child was classified a juvenile offender registrant on or after	740
the effective date of this amendmentJanuary 1, 2008, the court	741
has imposed a requirement under section 2152.82, 2152.83, or	742
2152.84 of the Revised Code subjecting the delinquent child to	743
this section, and a juvenile court has not removed pursuant to	744
section 2152.84 or 2152.85 of the Revised Code the delinquent	745
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	746
and 2950.06 of the Revised Code.	747

(2) The notification provisions of this section do not apply	748
to a person described in division (F)(1)(a), (b), or (c) of this	749
section if a court finds at a hearing after considering the	750
factors described in this division that the person would not be	751
subject to the notification provisions of this section that were	752
in the version of this section that existed immediately prior to	753
the effective date of this amendmentJanuary 1, 2008. In making	754
the determination of whether a person would have been subject to	755
the notification provisions under prior law as described in this	756
division, the court shall consider the following factors:	757

(a) The offender's or delinquent child's age;

758

(b) The offender's or delinquent child's prior criminal or	759
delinquency record regarding all offenses, including, but not	760
limited to, all sexual offenses;	761

(c) The age of the victim of the sexually oriented offense	762
for which sentence is to be imposed or the order of disposition is	763
to be made;	764

(d) Whether the sexually oriented offense for which sentence	765
is to be imposed or the order of disposition is to be made	766
involved multiple victims;	767

(e) Whether the offender or delinquent child used drugs or	768
alcohol to impair the victim of the sexually oriented offense or	769
to prevent the victim from resisting;	770

(f) If the offender or delinquent child previously has been	771
convicted of or pleaded guilty to, or been adjudicated a	772
delinquent child for committing an act that if committed by an	773
adult would be, a criminal offense, whether the offender or	774
delinquent child completed any sentence or dispositional order	775
imposed for the prior offense or act and, if the prior offense or	776
act was a sex offense or a sexually oriented offense, whether the	777
offender or delinquent child participated in available programs	778
for sexual offenders;	779

(g) Any mental illness or mental disability of the offender	780
or delinquent child;	781

(h) The nature of the offender's or delinquent child's sexual	782
conduct, sexual contact, or interaction in a sexual context with	783
the victim of the sexually oriented offense and whether the sexual	784
conduct, sexual contact, or interaction in a sexual context was	785
part of a demonstrated pattern of abuse;	786

(i) Whether the offender or delinquent child, during the	787
commission of the sexually oriented offense for which sentence is	788
to be imposed or the order of disposition is to be made, displayed	789
cruelty or made one or more threats of cruelty;	790

(j) Whether the offender or delinquent child would have been	791
a habitual sex offender or a habitual child victim offender under	792
the definitions of those terms set forth in section 2950.01 of the	793
Revised Code as that section existed prior to the effective date	794
of this amendmentJanuary 1, 2008;	795

(k) Any additional behavioral characteristics that contribute	796
to the offender's or delinquent child's conduct.	797

(G)(1) The department of job and family services shall	798
compile, maintain, and update in January and July of each year, a	799
list of all agencies, centers, or homes of a type described in	800
division (A)(2) or (6) of this section that contains the name of	801
each agency, center, or home of that type, the county in which it	802
is located, its address and telephone number, and the name of an	803
administrative officer or employee of the agency, center, or home.	804

(2) The department of education shall compile, maintain, and	805
update in January and July of each year, a list of all boards of	806
education, schools, or programs of a type described in division	807
(A)(3), (4), or (5) of this section that contains the name of each	808
board of education, school, or program of that type, the county in	809
which it is located, its address and telephone number, the name of	810
the superintendent of the board or of an administrative officer or	811
employee of the school or program, and, in relation to a board of	812
education, the county or counties in which each of its schools is	813
located and the address of each such school.	814

(3) The Ohio board of regents shall compile, maintain, and	815
update in January and July of each year, a list of all	816
institutions of a type described in division (A)(7) of this	817
section that contains the name of each such institution, the	818
county in which it is located, its address and telephone number,	819
and the name of its president or other chief administrative	820
officer.	821

(4) A sheriff required by division (A) or (C) of this	822
section, or authorized by division (D)(2) of this section, to	823
provide notices regarding an offender or delinquent child, or a	824
designee of a sheriff of that type, may request the department of	825
job and family services, department of education, department of	826
health, or Ohio board of regents, by telephone, in person, or by	827
mail, to provide the sheriff or designee with the names,	828
addresses, and telephone numbers of the appropriate persons and	829
entities to whom the notices described in divisions (A)(2) to (7)	830
and (11) of this section are to be provided. Upon receipt of a	831
request, the department or board shall provide the requesting	832
sheriff or designee with the names, addresses, and telephone	833
numbers of the appropriate persons and entities to whom those	834
notices are to be provided.	835

(5) The department of health shall compile, maintain, and	836
update in January and July of each year, a list of all long-term	837
care facilities that contains the name of each long-term care	838
facility, the county in which it is located, and its address and	839
telephone number.	840

(H)(1) Upon the motion of the offender or the prosecuting	841
attorney of the county in which the offender was convicted of or	842
pleaded guilty to the sexually oriented offense or child-victim	843
oriented offense for which the offender is subject to community	844
notification under this section, or upon the motion of the	845
sentencing judge or that judge's successor in office, the judge	846
may schedule a hearing to determine whether the interests of	847
justice would be served by suspending the community notification	848
requirement under this section in relation to the offender. The	849
judge may dismiss the motion without a hearing but may not issue	850
an order suspending the community notification requirement without	851
a hearing. At the hearing, all parties are entitled to be heard,	852
and the judge shall consider all of the factors set forth in	853
division (K) of this section. If, at the conclusion of the	854
hearing, the judge finds that the offender has proven by clear	855
and convincing evidence that the offender is unlikely to commit	856
in the future a sexually oriented offense or a child-victim	857
oriented offense and if the judge finds that suspending the	858
community notification requirement is in the interests of	859
justice, the judge may suspend the application of this section in	860
relation to the offender. The order shall contain both of these	861
findings.	862

The judge promptly shall serve a copy of the order upon the	863
sheriff with whom the offender most recently registered under	864
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	865
the bureau of criminal identification and investigation.	866

An order suspending the community notification requirement	867
does not suspend or otherwise alter an offender's duties to comply	868
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	869
Revised Code and does not suspend the victim notification	870
requirement under section 2950.10 of the Revised Code.	871

(2) A prosecuting attorney, a sentencing judge or that	872
judge's successor in office, and an offender who is subject to the	873
community notification requirement under this section may	874
initially make a motion under division (H)(1) of this section upon	875
the expiration of twenty years after the offender's duty to comply	876
with division (A)(2), (3), or (4) of section 2950.04, division	877
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	878
2950.06 of the Revised Code begins in relation to the offense for	879
which the offender is subject to community notification. After	880
the initial making of a motion under division (H)(1) of this	881
section, thereafter, the prosecutor, judge, and offender may make	882
a subsequent motion under that division upon the expiration of	883
five years after the judge has entered an order denying the	884
initial motion or the most recent motion made under that	885
division.	886

(3) The offender and the prosecuting attorney have the right	887
to appeal an order approving or denying a motion made under	888
division (H)(1) of this section.	889

(4) Divisions (H)(1) to (3) of this section do not apply to	890
any of the following types of offender:	891

(a) A person who is convicted of or pleads guilty to a	892
violent sex offense or designated homicide, assault, or kidnapping	893
offense and who, in relation to that offense, is adjudicated a	894
sexually violent predator;	895

(b) A person who is convicted of or pleads guilty to a	896
sexually oriented offense that is a violation of division	897
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	898
after January 2, 2007, and either who is sentenced under section	899
2971.03 of the Revised Code or upon whom a sentence of life	900
without parole is imposed under division (B) of section 2907.02	901
of the Revised Code;	902

(c) A person who is convicted of or pleads guilty to a	903
sexually oriented offense that is attempted rape committed on or	904
after January 2, 2007, and who also is convicted of or pleads	905
guilty to a specification of the type described in section	906
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	907

(d) A person who is convicted of or pleads guilty to an	908
offense described in division (B)(3)(a), (b), (c), or (d) of	909
section 2971.03 of the Revised Code and who is sentenced for that	910
offense pursuant to that division;	911

(e) An offender who is in a category specified in division	912
(F)(1)(a), (b), or (c) of this section and who, subsequent to	913
being subjected to community notification, has pleaded guilty to	914
or been convicted of a sexually oriented offense or child-victim	915
oriented offense.	916

(I) If a person is convicted of, pleads guilty to, has been	917
convicted of, or has pleaded guilty to a sexually oriented	918
offense or a child-victim oriented offense or a person is or has	919
been adjudicated a delinquent child for committing a sexually	920
oriented offense or a child-victim oriented offense and is	921
classified a juvenile offender registrant or is an out-of-state	922
juvenile offender registrant based on that adjudication, and if	923
the offender or delinquent child is not in any category specified	924
in division (F)(1)(a), (b), or (c) of this section, the sheriff	925
with whom the offender or delinquent child has most recently	926
registered under section 2950.04, 2950.041, or 2950.05 of the	927
Revised Code and the sheriff to whom the offender or delinquent	928
child most recently sent a notice of intent to reside under	929
section 2950.04 or 2950.041 of the Revised Code, within the	930
period of time specified in division (D) of this section, shall	931
provide a written notice containing the information set forth in	932
division (B) of this section to the executive director of the	933
public children services agency that has jurisdiction within the	934
specified geographical notification area and that is located	935
within the county served by the sheriff.	936

(J) Each sheriff shall allow a volunteer organization or	937
other organization, company, or individual who wishes to receive	938
the notice described in division (A)(10) of this section regarding	939
a specific offender or delinquent child or notice regarding all	940
offenders and delinquent children who are located in the specified	941
geographical notification area to notify the sheriff by electronic	942
mail or through the sheriff's web site of this election. The	943
sheriff shall promptly inform the bureau of criminal	944
identification and investigation of these requests in accordance	945
with the forwarding procedures adopted by the attorney general	946
pursuant to section 2950.13 of the Revised Code.	947

(K) In making a determination under division (H)(1) of this	948
section as to whether to suspend the community notification	949
requirement under this section for an offender, the judge shall	950
consider all relevant factors, including, but not limited to, all	951
of the following:	952

(1) The offender's age;

953

(2) The offender's prior criminal or delinquency record	954
regarding all offenses, including, but not limited to, all	955
sexually oriented offenses or child-victim oriented offenses;	956

(3) The age of the victim of the sexually oriented offense or	957
child-victim oriented offense the offender committed;	958

(4) Whether the sexually oriented offense or child-victim	959
oriented offense the offender committed involved multiple victims;	960

(5) Whether the offender used drugs or alcohol to impair the	961
victim of the sexually oriented offense or child-victim oriented	962
offense the offender committed or to prevent the victim from	963
resisting;	964

(6) If the offender previously has been convicted of, pleaded	965
guilty to, or been adjudicated a delinquent child for committing	966
an act that if committed by an adult would be a criminal offense,	967
whether the offender completed any sentence or dispositional order	968
imposed for the prior offense or act and, if the prior offense or	969
act was a sexually oriented offense or a child-victim oriented	970
offense, whether the offender or delinquent child participated in	971
available programs for sex offenders or child-victim offenders;	972

(7) Any mental illness or mental disability of the offender;

973

(8) The nature of the offender's sexual conduct, sexual	974
contact, or interaction in a sexual context with the victim of the	975
sexually oriented offense the offender committed or the nature of	976
the offender's interaction in a sexual context with the victim of	977
the child-victim oriented offense the offender committed,	978
whichever is applicable, and whether the sexual conduct, sexual	979
contact, or interaction in a sexual context was part of a	980
demonstrated pattern of abuse;	981

(9) Whether the offender, during the commission of the	982
sexually oriented offense or child-victim oriented offense the	983
offender committed, displayed cruelty or made one or more threats	984
of cruelty;	985

(10) Any additional behavioral characteristics that	986
contribute to the offender's conduct.	987

(L) As used in this section, "specified geographical	988
notification area" means the geographic area or areas within which	989
the attorney general, by rule adopted under section 2950.13 of the	990
Revised Code, requires the notice described in division (B) of	991
this section to be given to the persons identified in divisions	992
(A)(2) to (8) and (11) of this section.	993

Sec. 2950.12.  (A) Except as provided in division (B) of this	994
section, any of the following persons shall be immune from	995
liability in a civil action to recover damages for injury, death,	996
or loss to person or property allegedly caused by an act or	997
omission in connection with a power, duty, responsibility, or	998
authorization under this chapter or under rules adopted under	999
authority of this chapter:	1000

(1) An officer or employee of the bureau of criminal	1001
identification and investigation;	1002

(2) The attorney general, a chief of police, marshal, or	1003
other chief law enforcement officer of a municipal corporation, a	1004
sheriff, a constable or chief of police of a township police	1005
department or police district police force, and a deputy, officer,	1006
or employee of the office of the attorney general, the law	1007
enforcement agency served by the marshal or the municipal or	1008
township chief, the office of the sheriff, or the constable;	1009

(3) A prosecutor and an officer or employee of the office of	1010
a prosecutor;	1011

(4) A supervising officer and an officer or employee of the	1012
adult parole authority of the department of rehabilitation and	1013
correction;	1014

(5) A supervising officer and an officer or employee of the	1015
department of youth services;	1016

(6) A supervisor and a caseworker or employee of a public	1017
children services agency acting pursuant to section 5153.16 of the	1018
Revised Code;	1019

(7) A managing officer of a state correctional institution	1020
and an officer or employee of the department of rehabilitation and	1021
correction;	1022

(8) A person identified in division (A)(2), (3), (4), (5),	1023
(6), or (7), or (11) of section 2950.11 of the Revised Code, an	1024
organization or person identified in division (A)(10) of that	1025
section, or the agent of that person or organization;	1026

(9) A person identified in division (A)(2) of section	1027
2950.111 of the Revised Code, regarding the person's provision of	1028
information pursuant to that division to a sheriff or a designee	1029
of a sheriff.	1030

(B) The immunity described in division (A) of this section	1031
does not apply to a person described in divisions (A)(1) to (8) of	1032
this section if, in relation to the act or omission in question,	1033
any of the following applies:	1034

(1) The act or omission was manifestly outside the scope of	1035
the person's employment or official responsibilities.	1036

(2) The act or omission was with malicious purpose, in bad	1037
faith, or in a wanton or reckless manner.	1038

(3) Liability for the act or omission is expressly imposed by	1039
a section of the Revised Code.	1040

Sec. 2950.13.  (A) The attorney general shall do all of the	1041
following:	1042

(1) No later than July 1, 1997, establish and maintain a	1043
state registry of sex offenders and child-victim offenders that is	1044
housed at the bureau of criminal identification and investigation	1045
and that contains all of the registration, change of residence,	1046
school, institution of higher education, or place of employment	1047
address, and verification information the bureau receives pursuant	1048
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1049
Code regarding each person who is convicted of, pleads guilty to,	1050
has been convicted of, or has pleaded guilty to a sexually	1051
oriented offense or a child-victim oriented offense and each	1052
person who is or has been adjudicated a delinquent child for	1053
committing a sexually oriented offense or a child-victim oriented	1054
offense and is classified a juvenile offender registrant or is	1055
an out-of-state juvenile offender registrant based on that	1056
adjudication, all of the information the bureau receives pursuant	1057
to section 2950.14 of the Revised Code, and any notice of an	1058
order terminating or modifying an offender's or delinquent	1059
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	1060
and 2950.06 of the Revised Code the bureau receives pursuant to	1061
section 2152.84, 2152.85, or 2950.15 of the Revised Code. For a	1062
person who was convicted of or pleaded guilty to the sexually	1063
oriented offense or child-victim related offense, the registry	1064
also shall indicate whether the person was convicted of or	1065
pleaded guilty to the offense in a criminal prosecution or in a	1066
serious youthful offender case. The registry shall not be open to	1067
inspection by the public or by any person other than a person	1068
identified in division (A) of section 2950.08 of the Revised	1069
Code. In addition to the information and material previously	1070
identified in this division, the registry shall include all of	1071
the following regarding each person who is listed in the	1072
registry:	1073

(a) A citation for, and the name of, all sexually oriented	1074
offenses or child-victim oriented offenses of which the person	1075
was convicted, to which the person pleaded guilty, or for which	1076
the person was adjudicated a delinquent child and that resulted	1077
in a registration duty, and the date on which those offenses were	1078
committed;	1079

(b) The text of the sexually oriented offenses or	1080
child-victim oriented offenses identified in division (A)(1)(a)	1081
of this section as those offenses existed at the time the person	1082
was convicted of, pleaded guilty to, or was adjudicated a	1083
delinquent child for committing those offenses, or a link to a	1084
database that sets forth the text of those offenses;	1085

(c) A statement as to whether the person is a tier I sex	1086
offender/child-victim offender, a tier II sex	1087
offender/child-victim offender, or a tier III sex	1088
offender/child-victim offender for the sexually oriented offenses	1089
or child-victim oriented offenses identified in division (A)(1)(a)	1090
of this section;	1091

(d) The community supervision status of the person,	1092
including, but not limited to, whether the person is serving a	1093
community control sanction and the nature of any such sanction,	1094
whether the person is under supervised release and the nature of	1095
the release, or regarding a juvenile, whether the juvenile is	1096
under any type of release authorized under Chapter 2152. or 5139.	1097
of the Revised Code and the nature of any such release;	1098

(e) The offense and delinquency history of the person, as	1099
determined from information gathered or provided under sections	1100
109.57 and 2950.14 of the Revised Code;	1101

(f) The bureau of criminal identification and investigation	1102
tracking number assigned to the person if one has been so	1103
assigned, the federal bureau of investigation number assigned to	1104
the person if one has been assigned and the bureau of criminal	1105
identification and investigation is aware of the number, and any	1106
other state identification number assigned to the person of which	1107
the bureau is aware;	1108

(g) Fingerprints and palmprints of the person;

1109

(h) A DNA specimen, as defined in section 109.573 of the	1110
Revised Code, from the person;	1111

(i) Whether the person has any outstanding arrest warrants;

1112

(j) Whether the person is in compliance with the person's	1113
duties under this chapter.	1114

(2) In consultation with local law enforcement	1115
representatives and no later than July 1, 1997, adopt rules that	1116
contain guidelines necessary for the implementation of this	1117
chapter;	1118

(3) In consultation with local law enforcement	1119
representatives, adopt rules for the implementation and	1120
administration of the provisions contained in section 2950.11 of	1121
the Revised Code that pertain to the notification of neighbors of	1122
an offender or a delinquent child who has committed a sexually	1123
oriented offense or a child-victim oriented offense and and is in	1124
a category specified in division (F)(1) of that section and rules	1125
that prescribe a manner in which victims of a sexually oriented	1126
offense or a child-victim oriented offense committed by an	1127
offender or a delinquent child who is in a category specified in	1128
division (B)(1) of section 2950.10 of the Revised Code may make a	1129
request that specifies that the victim would like to be provided	1130
the notices described in divisions (A)(1) and (2) of section	1131
2950.10 of the Revised Code;	1132

(4) In consultation with local law enforcement	1133
representatives and through the bureau of criminal identification	1134
and investigation, prescribe the forms to be used by judges and	1135
officials pursuant to section 2950.03 or 2950.032 of the Revised	1136
Code to advise offenders and delinquent children of their duties	1137
of filing a notice of intent to reside, registration, notification	1138
of a change of residence, school, institution of higher education,	1139
or place of employment address and registration of the new,	1140
school, institution of higher education, or place of employment	1141
address, as applicable, and address verification under sections	1142
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	1143
prescribe the forms to be used by sheriffs relative to those	1144
duties of filing a notice of intent to reside, registration,	1145
change of residence, school, institution of higher education, or	1146
place of employment address notification, and address	1147
verification;	1148

(5) Make copies of the forms prescribed under division (A)(4)	1149
of this section available to judges, officials, and sheriffs;	1150

(6) Through the bureau of criminal identification and	1151
investigation, provide the notifications, the information and	1152
materials, and the documents that the bureau is required to	1153
provide to appropriate law enforcement officials and to the	1154
federal bureau of investigation pursuant to sections 2950.04,	1155
2950.041, 2950.05, and 2950.06 of the Revised Code;	1156

(7) Through the bureau of criminal identification and	1157
investigation, maintain the verification forms returned under the	1158
address verification mechanism set forth in section 2950.06 of the	1159
Revised Code;	1160

(8) In consultation with representatives of the officials,	1161
judges, and sheriffs, adopt procedures for officials, judges, and	1162
sheriffs to use to forward information, photographs, and	1163
fingerprints to the bureau of criminal identification and	1164
investigation pursuant to the requirements of sections 2950.03,	1165
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	1166
Code;	1167

(9) In consultation with the director of education, the	1168
director of job and family services, and the director of	1169
rehabilitation and correction, adopt rules that contain guidelines	1170
to be followed by boards of education of a school district,	1171
chartered nonpublic schools or other schools not operated by a	1172
board of education, preschool programs, child day-care centers,	1173
type A family day-care homes, certified type B family day-care	1174
homes, and institutions of higher education regarding the proper	1175
use and administration of information received pursuant to section	1176
2950.11 of the Revised Code relative to an offender or delinquent	1177
child who has committed a sexually oriented offense or a	1178
child-victim oriented offense and is in a category specified in	1179
division (F)(1) of that section;	1180

(10) In consultation with local law enforcement	1181
representatives and no later than July 1, 1997, adopt rules that	1182
designate a geographic area or areas within which the notice	1183
described in division (B) of section 2950.11 of the Revised Code	1184
must be given to the persons identified in divisions (A)(2) to (8)	1185
and (A), (10), and (11) of that section;	1186

(11) Through the bureau of criminal identification and	1187
investigation, not later than January 1, 2004, establish and	1188
operate on the internet a sex offender and child-victim offender	1189
database that contains information for every offender who has	1190
committed a sexually oriented offense or a child-victim oriented	1191
offense and registers in any county in this state pursuant to	1192
section 2950.04 or 2950.041 of the Revised Code and for every	1193
delinquent child who has committed a sexually oriented offense,	1194
is a public registry-qualified juvenile offender registrant, and	1195
registers in any county in this state pursuant to either such	1196
section. The bureau shall not include on the database the	1197
identity of any offender's or public registry-qualified juvenile	1198
offender registrant's victim, any offender's or public	1199
registry-qualified juvenile offender registrant's social security	1200
number, the name of any school or institution of higher education	1201
attended by any offender or public registry-qualified juvenile	1202
offender registrant, the name of the place of employment of any	1203
offender or public registry-qualified juvenile offender	1204
registrant, any tracking or identification number described in	1205
division (A)(1)(f) of this section, or any information described	1206
in division (C)(7) of section 2950.04 or 2950.041 of the Revised	1207
Code. The bureau shall provide on the database, for each offender	1208
and each public registry-qualified juvenile offender registrant,	1209
at least the information specified in divisions (A)(11)(a) to (h)	1210
of this section. Otherwise, the bureau shall determine the	1211
information to be provided on the database for each offender and	1212
public registry-qualified juvenile offender registrant and shall	1213
obtain that information from the information contained in the	1214
state registry of sex offenders and child-victim offenders	1215
described in division (A)(1) of this section, which information,	1216
while in the possession of the sheriff who provided it, is a	1217
public record open for inspection as described in section	1218
2950.081 of the Revised Code. The database is a public record	1219
open for inspection under section 149.43 of the Revised Code,	1220
and it shall be searchable by offender or public	1221
registry-qualified juvenile offender registrant name, by county,	1222
by zip code, and by school district. The database shall provide a	1223
link to the web site of each sheriff who has established and	1224
operates on the internet a sex offender and child-victim offender	1225
database that contains information for offenders and public	1226
registry-qualified juvenile offender registrants who register in	1227
that county pursuant to section 2950.04 or 2950.041 of the	1228
Revised Code, with the link being a direct link to the sex	1229
offender and child-victim offender database for the sheriff. The	1230
bureau shall provide on the database, for each offender and public	1231
registry-qualified juvenile offender registrant, at least the	1232
following information:	1233

(a) The information described in divisions (A)(1)(a), (b),	1234
(c), and (d) of this section relative to the offender or public	1235
registry-qualified juvenile offender registrant;	1236

(b) The address of the offender's or public	1237
registry-qualified juvenile offender registrant's school,	1238
institution of higher education, or place of employment provided	1239
in a registration form;	1240

(c) The information described in division (C)(6) of section	1241
2950.04 or 2950.041 of the Revised Code;	1242

(d) A chart describing which sexually oriented offenses and	1243
child-victim oriented offenses are included in the definitions of	1244
tier I sex offender/child-victim offender, tier II sex	1245
offender/child-victim offender, and tier III sex	1246
offender/child-victim offender;	1247

(e) Fingerprints and palm printspalmprints of the offender	1248
or public registry-qualified juvenile offender registrant and a	1249
DNA specimen from the offender or public registry-qualified	1250
juvenile offender registrant;	1251

(f) The information set forth in division (B) of section	1252
2950.11 of the Revised Code;	1253

(g) Any outstanding arrest warrants for the offender or	1254
public registry-qualified juvenile offender registrant;	1255

(h) The offender's or public registry-qualified juvenile	1256
offender registrant's compliance status with duties under this	1257
chapter.	1258

(12) Develop software to be used by sheriffs in establishing	1259
on the internet a sex offender and child-victim offender database	1260
for the public dissemination of some or all of the information	1261
and materials described in division (A) of section 2950.081 of	1262
the Revised Code that are public records under that division,	1263
that are not prohibited from inclusion by division (B) of that	1264
section, and that pertain to offenders and public	1265
registry-qualified juvenile offender registrants who register in	1266
the sheriff's county pursuant to section 2950.04 or 2950.041 of	1267
the Revised Code and for the public dissemination of information	1268
the sheriff receives pursuant to section 2950.14 of the Revised	1269
Code and, upon the request of any sheriff, provide technical	1270
guidance to the requesting sheriff in establishing on the	1271
internet such a database;	1272

(13) Through the bureau of criminal identification and	1273
investigation, not later than January 1, 2004, establish and	1274
operate on the internet a database that enables local law	1275
enforcement representatives to remotely search by electronic means	1276
the state registry of sex offenders and child-victim offenders	1277
described in division (A)(1) of this section and any information	1278
and materials the bureau receives pursuant to sections 2950.04,	1279
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	1280
database shall enable local law enforcement representatives to	1281
obtain detailed information regarding each offender and delinquent	1282
child who is included in the registry, including, but not limited	1283
to the offender's or delinquent child's name, aliases, residence	1284
address, name and address of any place of employment, school,	1285
institution of higher education, if applicable, license plate	1286
number of each vehicle identified in division (C)(5) of section	1287
2950.04 or 2950.041 of the Revised Code to the extent	1288
applicable, victim preference if available, date of most recent	1289
release from confinement if applicable, fingerprints, and	1290
palmprints, all of the information and material described in	1291
divisiondivisions (A)(1)(a) to (h) of this section regarding the	1292
offender or delinquent child, and other identification parameters	1293
the bureau considers appropriate. The database is not a public	1294
record open for inspection under section 149.43 of the Revised	1295
Code and shall be available only to law enforcement	1296
representatives as described in this division. Information	1297
obtained by local law enforcement representatives through use of	1298
this database is not open to inspection by the public or by any	1299
person other than a person identified in division (A) of section	1300
2950.08 of the Revised Code.	1301

(14) Through the bureau of criminal identification and	1302
investigation, maintain a list of requests for notice about a	1303
specified offender or delinquent child or specified geographical	1304
notification area made pursuant to division (J) of section 2950.11	1305
of the Revised Code and, when an offender or delinquent child	1306
changes residence to another county, forward any requests for	1307
information about that specific offender or delinquent child to	1308
the appropriate sheriff;	1309

(15) Through the bureau of criminal identification and	1310
investigation, establish and operate a system for the immediate	1311
notification by electronic means of the appropriate officials in	1312
other states specified in this division each time an offender or	1313
delinquent child registers a residence, school, institution of	1314
higher education, or place of employment address under section	1315
2950.04 or 2950.041 of the revisedRevised Code or provides a	1316
notice of a change of address or registers a new address under	1317
division (A) or (B) of section 2950.05 of the Revised Code. The	1318
immediate notification by electronic means shall be provided to	1319
the appropriate officials in each state in which the offender or	1320
delinquent child is required to register a residence, school,	1321
institution of higher education, or place of employment address.	1322
The notification shall contain the offender's or delinquent	1323
child's name and all of the information the bureau receives from	1324
the sheriff with whom the offender or delinquent child registered	1325
the address or provided the notice of change of address or	1326
registered the new address.	1327

(B) The attorney general in consultation with local law	1328
enforcement representatives, may adopt rules that establish one or	1329
more categories of neighbors of an offender or delinquent child	1330
who, in addition to the occupants of residential premises and	1331
other persons specified in division (A)(1) of section 2950.11 of	1332
the Revised Code, must be given the notice described in division	1333
(B) of that section.	1334

(C) No person, other than a local law enforcement	1335
representative, shall knowingly do any of the following:	1336

(1) Gain or attempt to gain access to the database	1337
established and operated by the attorney general, through the	1338
bureau of criminal identification and investigation, pursuant to	1339
division (A)(13) of this section.	1340

(2) Permit any person to inspect any information obtained	1341
through use of the database described in division (C)(1) of this	1342
section, other than as permitted under that division.	1343

(D) As used in this section, "local law enforcement	1344
representatives" means representatives of the sheriffs of this	1345
state, representatives of the municipal chiefs of police and	1346
marshals of this state, and representatives of the township	1347
constables and chiefs of police of the township police departments	1348
or police district police forces of this state.	1349

Section 2. That existing sections 2950.01, 2950.11, 2950.12,	1350
and 2950.13 of the Revised Code are hereby repealed.	1351