As Introduced

130th General Assembly

Regular Session

2013-2014

H. B. No. 244

Representative Becker

A BILL

To amend sections 9.04, 109.42, 109.71, 109.97,

124.34, 2152.16, 2305.111, 2307.53, 2901.02,

2903.01, 2907.02, 2907.03, 2907.04, 2907.05,

2907.17, 2907.18, 2909.24, 2923.02, 2929.02,

2929.021, 2929.022, 2929.023, 2929.024, 2929.03,

2929.04, 2929.05, 2929.06, 2929.13, 2929.14,

2929.19, 2929.34, 2937.222, 2941.14, 2941.148,

2941.1418, 2941.1419, 2941.1420, 2945.06, 2945.38,

2945.42, 2945.57, 2950.01, 2950.11, 2953.08,

2953.11, 2953.21, 2967.01, 2967.05, 2967.18,

2967.19, 2967.193, 2971.01, 2971.03, 2971.07,

3107.07, 3311.82, 3319.081, 3319.16, 4715.30,

4717.05, 4717.14, 4723.281, 4730.25, 4731.22,

4734.36, 4757.361, 4760.13, 4762.13, 4765.114,

4774.13, 4778.14, 5101.56, and 5120.61 of the

Revised Code to make the statutory authorization

and procedure for imposing a sentence of death

apply to rape, sexual battery, and unlawful sexual

conduct with a minor when the offense is committed

by an offender who previously has been convicted

of, pleaded guilty to, or been adjudicated a

delinquent child for committing any of those

offenses or the former offense of felonious sexual

penetration; to name those offenses when committed

by such an offender aggravated rape, aggravated

rape of a child, aggravated sexual battery,

aggravated sexual battery of a child, and

aggravated unlawful sexual conduct with a minor

and classify them as felonies of the first degree

and capital offenses; to generally retain for

those new offenses all special provisions and

procedures that currently apply with respect to

rape, sexual battery, and unlawful sexual conduct

with a minor; and to amend the version of section

2950.11 of the Revised Code that is scheduled to

take effect on January 1, 2014, to continue the

provisions of this act on and after that effective

date.

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

Section 1. That sections 9.04, 109.42, 109.71, 109.97,	39
124.34, 2152.16, 2305.111, 2307.53, 2901.02, 2903.01, 2907.02,	40
2907.03, 2907.04, 2907.05, 2907.17, 2907.18, 2909.24, 2923.02,	41
2929.02, 2929.021, 2929.022, 2929.023, 2929.024, 2929.03, 2929.04,	42
2929.05, 2929.06, 2929.13, 2929.14, 2929.19, 2929.34, 2937.222,	43
2941.14, 2941.148, 2941.1418, 2941.1419, 2941.1420, 2945.06,	44
2945.38, 2945.42, 2945.57, 2950.01, 2950.11, 2953.08, 2953.11,	45
2953.21, 2967.01, 2967.05, 2967.18, 2967.19, 2967.193, 2971.01,	46
2971.03, 2971.07, 3107.07, 3311.82, 3319.081, 3319.16, 4715.30,	47
4717.05, 4717.14, 4723.281, 4730.25, 4731.22, 4734.36, 4757.361,	48
4760.13, 4762.13, 4765.114, 4774.13, 4778.14, 5101.56, and 5120.61	49
of the Revised Code be amended to read as follows:	50

Sec. 9.04. (A) As used in this section:

(1) "Nontherapeutic abortion" means an abortion that is	52
performed or induced when the life of the mother would not be	53
endangered if the fetus were carried to term or when the pregnancy	54
of the mother was not the result of an act of rape or an act of	55
incest reported to a law enforcement agency.	56

(2) "Policy, contract, or plan" means a policy, contract, or	57
plan of one or more insurance companies, medical care	58
corporations, health care corporations, health maintenance	59
organizations, preferred provider organizations, or other entities	60
that provides health, medical, hospital, or surgical coverage,	61
benefits, or services to elected or appointed officers or	62
employees of the state or any political subdivision thereof.	63
"Policy, contract, or plan" includes a plan that is associated	64
with a self-insurance program and a policy, contract, or plan that	65
implements a collective bargaining agreement.	66

(3) "Political subdivision" means any body corporate and	67
politic that is responsible for governmental activities in a	68
geographic area smaller than the state, except that "political	69
subdivision" does not include either of the following:	70

(a) A municipal corporation;

(b) A county that has adopted a charter under Section 3 of	72
Article X, Ohio Constitution, to the extent that it is exercising	73
the powers of local self-government as provided in that charter	74
and is subject to Section 3 of Article XVIII, Ohio Constitution.	75

(4) "State" means the state of Ohio, including the general	76
assembly, the supreme court, the offices of all elected state	77
officers, and all departments, boards, offices, commissions,	78
agencies, colleges and universities, institutions, and other	79
instrumentalities of the state of Ohio. "State" does not include	80
political subdivisions.	81

(5) "Act of incest" includes, but is not limited to, an	82
incestual violation of section 2907.02, 2907.03, or 2907.04 of the	83
Revised Code.	84

(6) "Act of rape" means a violation of division (A)(1), (2),	85
or (3) of section 2907.02 of the Revised Code or of a	86
substantially equivalent law of any other state.	87

(B) Subject to division (C) of this section, but	88
notwithstanding other provisions of the Revised Code that conflict	89
with the prohibition specified in this division, funds of the	90
state or any political subdivision thereof shall not be expended	91
directly or indirectly to pay the costs, premiums, or charges	92
associated with a policy, contract, or plan if the policy,	93
contract, or plan provides coverage, benefits, or services related	94
to a nontherapeutic abortion.	95

(C) Division (B) of this section does not preclude the state	96
or any political subdivision thereof from expending funds to pay	97
the costs, premiums, or charges associated with a policy,	98
contract, or plan that includes a rider or other provision offered	99
on an individual basis under which an elected or appointed	100
official or employee who accepts the offer of the rider or	101
provision may obtain coverage of a nontherapeutic abortion through	102
the policy, contract, or plan if the individual pays for all of	103
the costs, premiums, or charges associated with the rider or	104
provision, including all administrative expenses related to the	105
rider or provision and any claim made for a nontherapeutic	106
abortion.	107

(D) In addition to the laws specified in division (A) of	108
section 4117.10 of the Revised Code that prevail over conflicting	109
provisions of agreements between employee organizations and public	110
employers, divisions (B) and (C) of this section shall prevail	111
over conflicting provisions of that nature.	112

Sec. 109.42. (A) The attorney general shall prepare and have	113
printed a pamphlet that contains a compilation of all statutes	114
relative to victim's rights in which the attorney general lists	115
and explains the statutes in the form of a victim's bill of	116
rights. The attorney general shall distribute the pamphlet to all	117
sheriffs, marshals, municipal corporation and township police	118
departments, constables, and other law enforcement agencies, to	119
all prosecuting attorneys, city directors of law, village	120
solicitors, and other similar chief legal officers of municipal	121
corporations, and to organizations that represent or provide	122
services for victims of crime. The victim's bill of rights set	123
forth in the pamphlet shall contain a description of all of the	124
rights of victims that are provided for in Chapter 2930. or in any	125
other section of the Revised Code and shall include, but not be	126
limited to, all of the following:	127

(1) The right of a victim or a victim's representative to	128
attend a proceeding before a grand jury, in a juvenile case, or in	129
a criminal case pursuant to a subpoena without being discharged	130
from the victim's or representative's employment, having the	131
victim's or representative's employment terminated, having the	132
victim's or representative's pay decreased or withheld, or	133
otherwise being punished, penalized, or threatened as a result of	134
time lost from regular employment because of the victim's or	135
representative's attendance at the proceeding pursuant to the	136
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	137
2945.451 of the Revised Code;	138

(2) The potential availability pursuant to section 2151.359	139
or 2152.61 of the Revised Code of a forfeited recognizance to pay	140
damages caused by a child when the delinquency of the child or	141
child's violation of probation or community control is found to be	142
proximately caused by the failure of the child's parent or	143
guardian to subject the child to reasonable parental authority or	144
to faithfully discharge the conditions of probation or community	145
control;	146

(3) The availability of awards of reparations pursuant to	147
sections 2743.51 to 2743.72 of the Revised Code for injuries	148
caused by criminal offenses;	149

(4) The right of the victim in certain criminal or juvenile	150
cases or a victim's representative to receive, pursuant to section	151
2930.06 of the Revised Code, notice of the date, time, and place	152
of the trial or delinquency proceeding in the case or, if there	153
will not be a trial or delinquency proceeding, information from	154
the prosecutor, as defined in section 2930.01 of the Revised Code,	155
regarding the disposition of the case;	156

(5) The right of the victim in certain criminal or juvenile	157
cases or a victim's representative to receive, pursuant to section	158
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	159
name of the person charged with the violation, the case or docket	160
number assigned to the charge, and a telephone number or numbers	161
that can be called to obtain information about the disposition of	162
the case;	163

(6) The right of the victim in certain criminal or juvenile	164
cases or of the victim's representative pursuant to section	165
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	166
terms set by the court as authorized under section 2930.14 of the	167
Revised Code, to make a statement about the victimization and, if	168
applicable, a statement relative to the sentencing or disposition	169
of the offender;	170

(7) The opportunity to obtain a court order, pursuant to	171
section 2945.04 of the Revised Code, to prevent or stop the	172
commission of the offense of intimidation of a crime victim or	173
witness or an offense against the person or property of the	174
complainant, or of the complainant's ward or child;	175

(8) The right of the victim in certain criminal or juvenile	176
cases or a victim's representative pursuant to sections 2151.38,	177
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	178
receive notice of a pending motion for judicial release, release	179
pursuant to section 2967.19 of the Revised Code, or other early	180
release of the person who committed the offense against the	181
victim, to make an oral or written statement at the court hearing	182
on the motion, and to be notified of the court's decision on the	183
motion;	184

(9) The right of the victim in certain criminal or juvenile	185
cases or a victim's representative pursuant to section 2930.16,	186
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	187
of any pending commutation, pardon, parole, transitional control,	188
discharge, other form of authorized release, post-release control,	189
or supervised release for the person who committed the offense	190
against the victim or any application for release of that person	191
and to send a written statement relative to the victimization and	192
the pending action to the adult parole authority or the release	193
authority of the department of youth services;	194

(10) The right of the victim to bring a civil action pursuant	195
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	196
from the offender's profit fund;	197

(11) The right, pursuant to section 3109.09 of the Revised	198
Code, to maintain a civil action to recover compensatory damages	199
not exceeding ten thousand dollars and costs from the parent of a	200
minor who willfully damages property through the commission of an	201
act that would be a theft offense, as defined in section 2913.01	202
of the Revised Code, if committed by an adult;	203

(12) The right, pursuant to section 3109.10 of the Revised	204
Code, to maintain a civil action to recover compensatory damages	205
not exceeding ten thousand dollars and costs from the parent of a	206
minor who willfully and maliciously assaults a person;	207

(13) The possibility of receiving restitution from an	208
offender or a delinquent child pursuant to section 2152.20,	209
2929.18, or 2929.28 of the Revised Code;	210

(14) The right of the victim in certain criminal or juvenile	211
cases or a victim's representative, pursuant to section 2930.16 of	212
the Revised Code, to receive notice of the escape from confinement	213
or custody of the person who committed the offense, to receive	214
that notice from the custodial agency of the person at the	215
victim's last address or telephone number provided to the	216
custodial agency, and to receive notice that, if either the	217
victim's address or telephone number changes, it is in the	218
victim's interest to provide the new address or telephone number	219
to the custodial agency;	220

(15) The right of a victim of domestic violence to seek the	221
issuance of a civil protection order pursuant to section 3113.31	222
of the Revised Code, the right of a victim of a violation of	223
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	224
of the Revised Code, a violation of a substantially similar	225
municipal ordinance, or an offense of violence who is a family or	226
household member of the offender at the time of the offense to	227
seek the issuance of a temporary protection order pursuant to	228
section 2919.26 of the Revised Code, and the right of both types	229
of victims to be accompanied by a victim advocate during court	230
proceedings;	231

(16) The right of a victim of a sexually oriented offense or	232
of a child-victim oriented offense that is committed by a person	233
who is convicted of, pleads guilty to, or is adjudicated a	234
delinquent child for committing the offense and who is in a	235
category specified in division (B) of section 2950.10 of the	236
Revised Code to receive, pursuant to that section, notice that the	237
person has registered with a sheriff under section 2950.04,	238
2950.041, or 2950.05 of the Revised Code and notice of the	239
person's name, the person's residence that is registered, and the	240
offender's school, institution of higher education, or place of	241
employment address or addresses that are registered, the person's	242
photograph, and a summary of the manner in which the victim must	243
make a request to receive the notice. As used in this division,	244
"sexually oriented offense" and "child-victim oriented offense"	245
have the same meanings as in section 2950.01 of the Revised Code.	246

(17) The right of a victim of certain sexually violent	247
offenses committed by an offender who also is convicted of or	248
pleads guilty to a sexually violent predator specification and who	249
is sentenced to a prison term pursuant to division (A)(3) of	250
section 2971.03 of the Revised Code, of a victim of a violation of	251
division (A)(1)(b) of section 2907.02 of the Revised Code	252
committed on or after January 2, 2007, by an offender who is	253
sentenced for the violation pursuant to division (B)(1)(a), (b),	254
or (c) of section 2971.03 of the Revised Code, of a victim of an	255
attempted rape committed on or after January 2, 2007, or of an	256
attempted aggravated rape or attempted aggravated rape of a child	257
by an offender who also is convicted of or pleads guilty to a	258
specification of the type described in section 2941.1418,	259
2941.1419, or 2941.1420 of the Revised Code and is sentenced for	260
the violation pursuant to division (B)(2)(a), (b), or (c) of	261
section 2971.03 of the Revised Code, and of a victim of an offense	262
that is described in division (B)(3)(a), (b), (c), or (d) of	263
section 2971.03 of the Revised Code and is committed by an	264
offender who is sentenced pursuant to one of those divisions to	265
receive, pursuant to section 2930.16 of the Revised Code, notice	266
of a hearing to determine whether to modify the requirement that	267
the offender serve the entire prison term in a state correctional	268
facility, whether to continue, revise, or revoke any existing	269
modification of that requirement, or whether to terminate the	270
prison term. As used in this division, "sexually violent offense"	271
and "sexually violent predator specification" have the same	272
meanings as in section 2971.01 of the Revised Code.	273

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	274
prosecuting attorney, assistant prosecuting attorney, city	275
director of law, assistant city director of law, village	276
solicitor, assistant village solicitor, or similar chief legal	277
officer of a municipal corporation or an assistant of any of those	278
officers who prosecutes an offense committed in this state, upon	279
first contact with the victim of the offense, the victim's family,	280
or the victim's dependents, shall give the victim, the victim's	281
family, or the victim's dependents a copy of the pamphlet prepared	282
pursuant to division (A) of this section and explain, upon	283
request, the information in the pamphlet to the victim, the	284
victim's family, or the victim's dependents.	285

(b) Subject to division (B)(1)(c) of this section, a law	286
enforcement agency that investigates an offense or delinquent act	287
committed in this state shall give the victim of the offense or	288
delinquent act, the victim's family, or the victim's dependents a	289
copy of the pamphlet prepared pursuant to division (A) of this	290
section at one of the following times:	291

(i) Upon first contact with the victim, the victim's family,	292
or the victim's dependents;	293

(ii) If the offense or delinquent act is an offense of	294
violence, if the circumstances of the offense or delinquent act	295
and the condition of the victim, the victim's family, or the	296
victim's dependents indicate that the victim, the victim's family,	297
or the victim's dependents will not be able to understand the	298
significance of the pamphlet upon first contact with the agency,	299
and if the agency anticipates that it will have an additional	300
contact with the victim, the victim's family, or the victim's	301
dependents, upon the agency's second contact with the victim, the	302
victim's family, or the victim's dependents.	303

If the agency does not give the victim, the victim's family,	304
or the victim's dependents a copy of the pamphlet upon first	305
contact with them and does not have a second contact with the	306
victim, the victim's family, or the victim's dependents, the	307
agency shall mail a copy of the pamphlet to the victim, the	308
victim's family, or the victim's dependents at their last known	309
address.	310

(c) In complying on and after December 9, 1994, with the	311
duties imposed by division (B)(1)(a) or (b) of this section, an	312
official or a law enforcement agency shall use copies of the	313
pamphlet that are in the official's or agency's possession on	314
December 9, 1994, until the official or agency has distributed all	315
of those copies. After the official or agency has distributed all	316
of those copies, the official or agency shall use only copies of	317
the pamphlet that contain at least the information described in	318
divisions (A)(1) to (17) of this section.	319

(2) The failure of a law enforcement agency or of a	320
prosecuting attorney, assistant prosecuting attorney, city	321
director of law, assistant city director of law, village	322
solicitor, assistant village solicitor, or similar chief legal	323
officer of a municipal corporation or an assistant to any of those	324
officers to give, as required by division (B)(1) of this section,	325
the victim of an offense or delinquent act, the victim's family,	326
or the victim's dependents a copy of the pamphlet prepared	327
pursuant to division (A) of this section does not give the victim,	328
the victim's family, the victim's dependents, or a victim's	329
representative any rights under section 2743.51 to 2743.72,	330
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	331
Revised Code or under any other provision of the Revised Code and	332
does not affect any right under those sections.	333

(3) A law enforcement agency, a prosecuting attorney or	334
assistant prosecuting attorney, or a city director of law,	335
assistant city director of law, village solicitor, assistant	336
village solicitor, or similar chief legal officer of a municipal	337
corporation that distributes a copy of the pamphlet prepared	338
pursuant to division (A) of this section shall not be required to	339
distribute a copy of an information card or other printed material	340
provided by the clerk of the court of claims pursuant to section	341
2743.71 of the Revised Code.	342

(C) The cost of printing and distributing the pamphlet	343
prepared pursuant to division (A) of this section shall be paid	344
out of the reparations fund, created pursuant to section 2743.191	345
of the Revised Code, in accordance with division (D) of that	346
section.	347

(D) As used in this section:

348

(1) "Victim's representative" has the same meaning as in	349
section 2930.01 of the Revised Code;	350

(2) "Victim advocate" has the same meaning as in section	351
2919.26 of the Revised Code.	352

Sec. 109.71. There is hereby created in the office of the	353
attorney general the Ohio peace officer training commission. The	354
commission shall consist of nine members appointed by the governor	355
with the advice and consent of the senate and selected as follows:	356
one member representing the public; two members who are incumbent	357
sheriffs; two members who are incumbent chiefs of police; one	358
member from the bureau of criminal identification and	359
investigation; one member from the state highway patrol; one	360
member who is the special agent in charge of a field office of the	361
federal bureau of investigation in this state; and one member from	362
the department of education, trade and industrial education	363
services, law enforcement training.	364

This section does not confer any arrest authority or any	365
ability or authority to detain a person, write or issue any	366
citation, or provide any disposition alternative, as granted under	367
Chapter 2935. of the Revised Code.	368

As used in sections 109.71 to 109.801 of the Revised Code:

369

(A) "Peace officer" means:

370

(1) A deputy sheriff, marshal, deputy marshal, member of the	371
organized police department of a township or municipal	372
corporation, member of a township police district or joint police	373
district police force, member of a police force employed by a	374
metropolitan housing authority under division (D) of section	375
3735.31 of the Revised Code, or township constable, who is	376
commissioned and employed as a peace officer by a political	377
subdivision of this state or by a metropolitan housing authority,	378
and whose primary duties are to preserve the peace, to protect	379
life and property, and to enforce the laws of this state,	380
ordinances of a municipal corporation, resolutions of a township,	381
or regulations of a board of county commissioners or board of	382
township trustees, or any of those laws, ordinances, resolutions,	383
or regulations;	384

(2) A police officer who is employed by a railroad company	385
and appointed and commissioned by the secretary of state pursuant	386
to sections 4973.17 to 4973.22 of the Revised Code;	387

(3) Employees of the department of taxation engaged in the	388
enforcement of Chapter 5743. of the Revised Code and designated by	389
the tax commissioner for peace officer training for purposes of	390
the delegation of investigation powers under section 5743.45 of	391
the Revised Code;	392

(4) An undercover drug agent;

393

(5) Enforcement agents of the department of public safety	394
whom the director of public safety designates under section	395
5502.14 of the Revised Code;	396

(6) An employee of the department of natural resources who is	397
a natural resources law enforcement staff officer designated	398
pursuant to section 1501.013, a park officer designated pursuant	399
to section 1541.10, a forest officer designated pursuant to	400
section 1503.29, a preserve officer designated pursuant to section	401
1517.10, a wildlife officer designated pursuant to section	402
1531.13, or a state watercraft officer designated pursuant to	403
section 1547.521 of the Revised Code;	404

(7) An employee of a park district who is designated pursuant	405
to section 511.232 or 1545.13 of the Revised Code;	406

(8) An employee of a conservancy district who is designated	407
pursuant to section 6101.75 of the Revised Code;	408

(9) A police officer who is employed by a hospital that	409
employs and maintains its own proprietary police department or	410
security department, and who is appointed and commissioned by the	411
secretary of state pursuant to sections 4973.17 to 4973.22 of the	412
Revised Code;	413

(10) Veterans' homes police officers designated under section	414
5907.02 of the Revised Code;	415

(11) A police officer who is employed by a qualified	416
nonprofit corporation police department pursuant to section	417
1702.80 of the Revised Code;	418

(12) A state university law enforcement officer appointed	419
under section 3345.04 of the Revised Code or a person serving as a	420
state university law enforcement officer on a permanent basis on	421
June 19, 1978, who has been awarded a certificate by the executive	422
director of the Ohio peace officer training commission attesting	423
to the person's satisfactory completion of an approved state,	424
county, municipal, or department of natural resources peace	425
officer basic training program;	426

(13) A special police officer employed by the department of	427
mental health pursuant to section 5119.14 of the Revised Code or	428
the department of developmental disabilities pursuant to section	429
5123.13 of the Revised Code;	430

(14) A member of a campus police department appointed under	431
section 1713.50 of the Revised Code;	432

(15) A member of a police force employed by a regional	433
transit authority under division (Y) of section 306.35 of the	434
Revised Code;	435

(16) Investigators appointed by the auditor of state pursuant	436
to section 117.091 of the Revised Code and engaged in the	437
enforcement of Chapter 117. of the Revised Code;	438

(17) A special police officer designated by the	439
superintendent of the state highway patrol pursuant to section	440
5503.09 of the Revised Code or a person who was serving as a	441
special police officer pursuant to that section on a permanent	442
basis on October 21, 1997, and who has been awarded a certificate	443
by the executive director of the Ohio peace officer training	444
commission attesting to the person's satisfactory completion of an	445
approved state, county, municipal, or department of natural	446
resources peace officer basic training program;	447

(18) A special police officer employed by a port authority	448
under section 4582.04 or 4582.28 of the Revised Code or a person	449
serving as a special police officer employed by a port authority	450
on a permanent basis on May 17, 2000, who has been awarded a	451
certificate by the executive director of the Ohio peace officer	452
training commission attesting to the person's satisfactory	453
completion of an approved state, county, municipal, or department	454
of natural resources peace officer basic training program;	455

(19) A special police officer employed by a municipal	456
corporation who has been awarded a certificate by the executive	457
director of the Ohio peace officer training commission for	458
satisfactory completion of an approved peace officer basic	459
training program and who is employed on a permanent basis on or	460
after March 19, 2003, at a municipal airport, or other municipal	461
air navigation facility, that has scheduled operations, as defined	462
in section 119.3 of Title 14 of the Code of Federal Regulations,	463
14 C.F.R. 119.3, as amended, and that is required to be under a	464
security program and is governed by aviation security rules of the	465
transportation security administration of the United States	466
department of transportation as provided in Parts 1542. and 1544.	467
of Title 49 of the Code of Federal Regulations, as amended;	468

(20) A police officer who is employed by an owner or operator	469
of an amusement park that has an average yearly attendance in	470
excess of six hundred thousand guests and that employs and	471
maintains its own proprietary police department or security	472
department, and who is appointed and commissioned by a judge of	473
the appropriate municipal court or county court pursuant to	474
section 4973.17 of the Revised Code;	475

(21) A police officer who is employed by a bank, savings and	476
loan association, savings bank, credit union, or association of	477
banks, savings and loan associations, savings banks, or credit	478
unions, who has been appointed and commissioned by the secretary	479
of state pursuant to sections 4973.17 to 4973.22 of the Revised	480
Code, and who has been awarded a certificate by the executive	481
director of the Ohio peace officer training commission attesting	482
to the person's satisfactory completion of a state, county,	483
municipal, or department of natural resources peace officer basic	484
training program;	485

(22) An investigator, as defined in section 109.541 of the	486
Revised Code, of the bureau of criminal identification and	487
investigation who is commissioned by the superintendent of the	488
bureau as a special agent for the purpose of assisting law	489
enforcement officers or providing emergency assistance to peace	490
officers pursuant to authority granted under that section;	491

(23) A state fire marshal law enforcement officer appointed	492
under section 3737.22 of the Revised Code or a person serving as a	493
state fire marshal law enforcement officer on a permanent basis on	494
or after July 1, 1982, who has been awarded a certificate by the	495
executive director of the Ohio peace officer training commission	496
attesting to the person's satisfactory completion of an approved	497
state, county, municipal, or department of natural resources peace	498
officer basic training program;	499

(24) A gaming agent employed under section 3772.03 of the	500
Revised Code.	501

(B) "Undercover drug agent" has the same meaning as in	502
division (B)(2) of section 109.79 of the Revised Code.	503

(C) "Crisis intervention training" means training in the use	504
of interpersonal and communication skills to most effectively and	505
sensitively interview victims of rape, aggravated rape, or	506
aggravated rape of a child.	507

(D) "Missing children" has the same meaning as in section	508
2901.30 of the Revised Code.	509

Sec. 109.97. (A) As used in this section:

510

(1) "Commutation," "pardon," "prisoner," and "state	511
correctional institution" have the same meanings as in section	512
2967.01 of the Revised Code.	513

(2) "Individual's present legal status" means whichever of	514
the following circumstances apply on the thirty-first day of	515
December of the calendar year covered by a capital case status	516
report described in divisions (B) and (C) of this section to an	517
individual who was sentenced to death pursuant to sections 2929.02	518
to 2929.04 or section 2929.06 of the Revised Code for an	519
aggravated murder committed on or after October 19, 1981, or for	520
aggravated rape, aggravated rape of a child, aggravated sexual	521
battery, aggravated sexual battery of a child, or aggravated	522
unlawful sexual conduct with a minor:	523

(a) The individual was executed in accordance with section	524
2949.22 of the Revised Code for the aggravated murder, aggravated	525
rape, aggravated rape of a child, aggravated sexual battery,	526
aggravated sexual battery of a child, or aggravated unlawful	527
sexual conduct with a minor, or the individual otherwise is	528
deceased.	529

(b) The individual continues to be confined in a state	530
correctional institution waiting for the execution of the sentence	531
of death.	532

(c) The individual has been released from confinement in a	533
state correctional institution pursuant to a pardon granted in	534
connection with the aggravated murder, aggravated rape, aggravated	535
rape of a child, aggravated sexual battery, aggravated sexual	536
battery of a child, or aggravated unlawful sexual conduct with a	537
minor, or the individual has been granted a commutation in	538
connection with ~~the aggravated murder~~that offense and has been	539
released from confinement or is serving a prison term or sentence	540
of imprisonment pursuant to the commutation.	541

(d) The individual has had the sentence of death vacated or	542
reversed on appeal or pursuant to division (C) of section 2929.05	543
of the Revised Code or otherwise has been relieved of the sentence	544
of death by a court of this state or the United States.	545

(e) The individual has had the sentence of death vacated as	546
described in section 2929.06 of the Revised Code or otherwise, the	547
individual has been resentenced pursuant to that section or	548
otherwise to a sentence other than a sentence of death, and the	549
individual is a prisoner serving a prison term or sentence of	550
imprisonment in a state correctional institution.	551

(f) The individual is confined in a correctional institution	552
of another state or the United States for the commission of	553
another offense or has been executed in accordance with a sentence	554
of death imposed by a court of another state or the United States	555
for the commission of another offense.	556

(g) The individual has escaped from confinement in a state	557
correctional institution or a correctional institution of another	558
state or the United States and currently is at-large.	559

(B) The attorney general annually shall prepare or cause to	560
be prepared a capital case status report that pertains to all	561
individuals who were sentenced to death pursuant to sections	562
2929.02 to 2929.04 or section 2929.06 of the Revised Code for an	563
aggravated murder committed on or after October 19, 1981, or for	564
aggravated rape, aggravated rape of a child, aggravated sexual	565
battery, aggravated sexual battery of a child, or aggravated	566
unlawful sexual conduct with a minor, and that contains for each	567
of those individuals the information described in division (C)(1)	568
of this section. The attorney general shall file a copy of each	569
annual capital case status report with the governor, the chief	570
justice of the supreme court, the president of the senate, and the	571
speaker of the house of representatives no later than the first	572
day of April of the calendar year following the calendar year	573
covered by the report. Each annual capital case status report	574
shall be a public record subject to inspection and copying in	575
accordance with section 149.43 of the Revised Code.	576

(C)(1) An annual capital case status report prepared pursuant	577
to division (B) of this section shall contain all of the following	578
information that pertains as of the thirty-first day of December	579
of the calendar year covered by the report to each individual who	580
was sentenced to death pursuant to sections 2929.02 to 2929.04 or	581
2929.06 of the Revised Code for an aggravated murder committed on	582
or after October 19, 1981, or for aggravated rape, aggravated rape	583
of a child, aggravated sexual battery, aggravated sexual battery	584
of a child, or aggravated unlawful sexual conduct with a minor:	585

(a) A citation to and brief summary of the facts of each case	586
in which the individual was sentenced to death pursuant to	587
sections 2929.02 to 2929.04 or section 2929.06 of the Revised Code	588
for an aggravated murder committed on or after October 19, 1981,	589
or for aggravated rape, aggravated rape of a child, aggravated	590
sexual battery, aggravated sexual battery of a child, or	591
aggravated unlawful sexual conduct with a minor;	592

(b) A statement as to the individual's present legal status;

593

(c) A summary history of the individual's legal actions to	594
vacate, reverse, or otherwise be relieved from the sentence of	595
death described in division (C)(1)(a) of this section, including,	596
but not limited to, motions to vacate the sentence of death,	597
appeals, petitions for postconviction relief, and petitions for	598
habeas corpus relief filed with a court of this state or a court	599
of the United States under section 2929.05, 2953.21, or another	600
section of the Revised Code, the Ohio Constitution, federal	601
statutes, or the United States Constitution;	602

(d) Any other information that the attorney general	603
determines is relevant, including, but not limited to, a	604
tentatively scheduled date for the execution of the individual's	605
sentence of death in accordance with section 2949.22 of the	606
Revised Code.	607

(2) In each annual capital case status report prepared	608
pursuant to division (B) of this section, the attorney general	609
shall set forth or cause to be set forth the information described	610
in division (C)(1) of this section in the form that the attorney	611
general considers most appropriate to present that information,	612
including, but not limited to, charts, tables, graphs, and	613
narrative summaries.	614

(D) All officers and employees of the government of this	615
state and its political subdivisions shall cooperate, upon request	616
of the attorney general, in providing information that facilitates	617
the attorney general in the performance of the attorney general's	618
responsibilities under this section.	619

Sec. 124.34. (A) The tenure of every officer or employee in	620
the classified service of the state and the counties, civil	621
service townships, cities, city health districts, general health	622
districts, and city school districts of the state, holding a	623
position under this chapter, shall be during good behavior and	624
efficient service. No officer or employee shall be reduced in pay	625
or position, fined, suspended, or removed, or have the officer's	626
or employee's longevity reduced or eliminated, except as provided	627
in section 124.32 of the Revised Code, and for incompetency,	628
inefficiency, dishonesty, drunkenness, immoral conduct,	629
insubordination, discourteous treatment of the public, neglect of	630
duty, violation of any policy or work rule of the officer's or	631
employee's appointing authority, violation of this chapter or the	632
rules of the director of administrative services or the	633
commission, any other failure of good behavior, any other acts of	634
misfeasance, malfeasance, or nonfeasance in office, or conviction	635
of a felony. The denial of a one-time pay supplement or a bonus to	636
an officer or employee is not a reduction in pay for purposes of	637
this section.	638

This section does not apply to any modifications or	639
reductions in pay or work week authorized by division (Q) of	640
section 124.181 or section 124.392, 124.393, or 124.394 of the	641
Revised Code.	642

An appointing authority may require an employee who is	643
suspended to report to work to serve the suspension. An employee	644
serving a suspension in this manner shall continue to be	645
compensated at the employee's regular rate of pay for hours	646
worked. The disciplinary action shall be recorded in the	647
employee's personnel file in the same manner as other disciplinary	648
actions and has the same effect as a suspension without pay for	649
the purpose of recording disciplinary actions.	650

A finding by the appropriate ethics commission, based upon a	651
preponderance of the evidence, that the facts alleged in a	652
complaint under section 102.06 of the Revised Code constitute a	653
violation of Chapter 102., section 2921.42, or section 2921.43 of	654
the Revised Code may constitute grounds for dismissal. Failure to	655
file a statement or falsely filing a statement required by section	656
102.02 of the Revised Code may also constitute grounds for	657
dismissal. The tenure of an employee in the career professional	658
service of the department of transportation is subject to section	659
5501.20 of the Revised Code.	660

Conviction of a felony is a separate basis for reducing in	661
pay or position, suspending, or removing an officer or employee,	662
even if the officer or employee has already been reduced in pay or	663
position, suspended, or removed for the same conduct that is the	664
basis of the felony. An officer or employee may not appeal to the	665
state personnel board of review or the commission any disciplinary	666
action taken by an appointing authority as a result of the	667
officer's or employee's conviction of a felony. If an officer or	668
employee removed under this section is reinstated as a result of	669
an appeal of the removal, any conviction of a felony that occurs	670
during the pendency of the appeal is a basis for further	671
disciplinary action under this section upon the officer's or	672
employee's reinstatement.	673

A person convicted of a felony immediately forfeits the	674
person's status as a classified employee in any public employment	675
on and after the date of the conviction for the felony. If an	676
officer or employee is removed under this section as a result of	677
being convicted of a felony or is subsequently convicted of a	678
felony that involves the same conduct that was the basis for the	679
removal, the officer or employee is barred from receiving any	680
compensation after the removal notwithstanding any modification or	681
disaffirmance of the removal, unless the conviction for the felony	682
is subsequently reversed or annulled.	683

Any person removed for conviction of a felony is entitled to	684
a cash payment for any accrued but unused sick, personal, and	685
vacation leave as authorized by law. If subsequently reemployed in	686
the public sector, the person shall qualify for and accrue these	687
forms of leave in the manner specified by law for a newly	688
appointed employee and shall not be credited with prior public	689
service for the purpose of receiving these forms of leave.	690

As used in this division, "felony" means any of the	691
following:	692

(1) A felony that is an offense of violence as defined in	693
section 2901.01 of the Revised Code;	694

(2) A felony that is a felony drug abuse offense as defined	695
in section 2925.01 of the Revised Code;	696

(3) A felony under the laws of this or any other state or the	697
United States that is a crime of moral turpitude;	698

(4) A felony involving dishonesty, fraud, or theft;

699

(5) A felony that is a violation of section 2921.05, 2921.32,	700
or 2921.42 of the Revised Code.	701

(B) In case of a reduction, a suspension of more than forty	702
work hours in the case of an employee exempt from the payment of	703
overtime compensation, a suspension of more than twenty-four work	704
hours in the case of an employee required to be paid overtime	705
compensation, a fine of more than forty hours' pay in the case of	706
an employee exempt from the payment of overtime compensation, a	707
fine of more than twenty-four hours' pay in the case of an	708
employee required to be paid overtime compensation, or removal,	709
except for the reduction or removal of a probationary employee,	710
the appointing authority shall serve the employee with a copy of	711
the order of reduction, fine, suspension, or removal, which order	712
shall state the reasons for the action.	713

Within ten days following the date on which the order is	714
served or, in the case of an employee in the career professional	715
service of the department of transportation, within ten days	716
following the filing of a removal order, the employee, except as	717
otherwise provided in this section, may file an appeal of the	718
order in writing with the state personnel board of review or the	719
commission. For purposes of this section, the date on which an	720
order is served is the date of hand delivery of the order or the	721
date of delivery of the order by certified United States mail,	722
whichever occurs first. If an appeal is filed, the board or	723
commission shall forthwith notify the appointing authority and	724
shall hear, or appoint a trial board to hear, the appeal within	725
thirty days from and after its filing with the board or	726
commission. The board, commission, or trial board may affirm,	727
disaffirm, or modify the judgment of the appointing authority.	728
However, in an appeal of a removal order based upon a violation of	729
a last chance agreement, the board, commission, or trial board may	730
only determine if the employee violated the agreement and thus	731
affirm or disaffirm the judgment of the appointing authority.	732

In cases of removal or reduction in pay for disciplinary	733
reasons, either the appointing authority or the officer or	734
employee may appeal from the decision of the state personnel board	735
of review or the commission, and any such appeal shall be to the	736
court of common pleas of the county in which the appointing	737
authority is located, or to the court of common pleas of Franklin	738
county, as provided by section 119.12 of the Revised Code.	739

(C) In the case of the suspension for any period of time, or	740
a fine, demotion, or removal, of a chief of police, a chief of a	741
fire department, or any member of the police or fire department of	742
a city or civil service township, who is in the classified civil	743
service, the appointing authority shall furnish the chief or	744
member with a copy of the order of suspension, fine, demotion, or	745
removal, which order shall state the reasons for the action. The	746
order shall be filed with the municipal or civil service township	747
civil service commission. Within ten days following the filing of	748
the order, the chief or member may file an appeal, in writing,	749
with the commission. If an appeal is filed, the commission shall	750
forthwith notify the appointing authority and shall hear, or	751
appoint a trial board to hear, the appeal within thirty days from	752
and after its filing with the commission, and it may affirm,	753
disaffirm, or modify the judgment of the appointing authority. An	754
appeal on questions of law and fact may be had from the decision	755
of the commission to the court of common pleas in the county in	756
which the city or civil service township is situated. The appeal	757
shall be taken within thirty days from the finding of the	758
commission.	759

(D) A violation of division (A)(7) of section 2907.03 of the	760
Revised Code or a violation of division (B) of that section based	761
on conduct of the type described in division (A)(7) of that	762
section is grounds for termination of employment of a nonteaching	763
employee under this section.	764

(E) As used in this section, "last chance agreement" means an	765
agreement signed by both an appointing authority and an officer or	766
employee of the appointing authority that describes the type of	767
behavior or circumstances that, if it occurs, will automatically	768
lead to removal of the officer or employee without the right of	769
appeal to the state personnel board of review or the appropriate	770
commission.	771

Sec. 2152.16. (A)(1) If a child is adjudicated a delinquent	772
child for committing an act that would be a felony if committed by	773
an adult, the juvenile court may commit the child to the legal	774
custody of the department of youth services for secure confinement	775
as follows:	776

(a) For an act that would be aggravated murder or murder if	777
committed by an adult, until the offender attains twenty-one years	778
of age;	779

(b) For a violation of section 2923.02 of the Revised Code	780
that involves an attempt to commit an act that would be aggravated	781
murder or murder if committed by an adult, a minimum period of six	782
to seven years as prescribed by the court and a maximum period not	783
to exceed the child's attainment of twenty-one years of age;	784

(c) For a violation of section 2903.03, 2905.01, 2909.02, or	785
2911.01 or division (A) of section 2903.04 of the Revised Code or	786
for a violation of any provision of section 2907.02 of the Revised	787
Code other than division (A)(1)(b) of that section and other than	788
division (A)(3)(a) or (b) of that section if based on conduct of a	789
type described in division (A)(1)(b) of that section when in any	790
case the sexual conduct or insertion involved was consensual and	791
when the victim of the violation of division (A)(1)(b), (3)(a), or	792
(3)(b) of that section was older than the delinquent child, was	793
the same age as the delinquent child, or was less than three years	794
younger than the delinquent child, for an indefinite term	795
consisting of a minimum period of one to three years, as	796
prescribed by the court, and a maximum period not to exceed the	797
child's attainment of twenty-one years of age;	798

(d) If the child is adjudicated a delinquent child for	799
committing an act that is not described in division (A)(1)(b) or	800
(c) of this section and that would be a felony of the first or	801
second degree if committed by an adult, for an indefinite term	802
consisting of a minimum period of one year and a maximum period	803
not to exceed the child's attainment of twenty-one years of age.	804

(e) For committing an act that would be a felony of the	805
third, fourth, or fifth degree if committed by an adult or for a	806
violation of division (A) of section 2923.211 of the Revised Code,	807
for an indefinite term consisting of a minimum period of six	808
months and a maximum period not to exceed the child's attainment	809
of twenty-one years of age.	810

(2) In each case in which a court makes a disposition under	811
this section, the court retains control over the commitment for	812
the minimum period specified by the court in divisions (A)(1)(a)	813
to (e) of this section. During the minimum period, the department	814
of youth services shall not move the child to a nonsecure setting	815
without the permission of the court that imposed the disposition.	816

(B)(1) Subject to division (B)(2) of this section, if a	817
delinquent child is committed to the department of youth services	818
under this section, the department may release the child at any	819
time after the minimum period specified by the court in division	820
(A)(1) of this section ends.	821

(2) A commitment under this section is subject to a	822
supervised release or to a discharge of the child from the custody	823
of the department for medical reasons pursuant to section 5139.54	824
of the Revised Code, but, during the minimum period specified by	825
the court in division (A)(1) of this section, the department shall	826
obtain court approval of a supervised release or discharge under	827
that section.	828

(C) If a child is adjudicated a delinquent child, at the	829
dispositional hearing and prior to making any disposition pursuant	830
to this section, the court shall determine whether the delinquent	831
child previously has been adjudicated a delinquent child for a	832
violation of a law or ordinance. If the delinquent child	833
previously has been adjudicated a delinquent child for a violation	834
of a law or ordinance, the court, for purposes of entering an	835
order of disposition of the delinquent child under this section,	836
shall consider the previous delinquent child adjudication as a	837
conviction of a violation of the law or ordinance in determining	838
the degree of the offense the current act would be had it been	839
committed by an adult. This division also shall apply in relation	840
to the imposition of any financial sanction under section 2152.19	841
of the Revised Code.	842

Sec. 2305.111. (A) As used in this section:

843

(1) "Childhood sexual abuse" means any conduct that	844
constitutes any of the violations identified in division (A)(1)(a)	845
or (b) of this section and would constitute a criminal offense	846
under the specified section or division of the Revised Code, if	847
the victim of the violation is at the time of the violation a	848
child under eighteen years of age or a mentally retarded,	849
developmentally disabled, or physically impaired child under	850
twenty-one years of age. The court need not find that any person	851
has been convicted of or pleaded guilty to the offense under the	852
specified section or division of the Revised Code in order for the	853
conduct that is the violation constituting the offense to be	854
childhood sexual abuse for purposes of this division. This	855
division applies to any of the following violations committed in	856
the following specified circumstances:	857

(a) A violation of section 2907.02 or, a violation of	858
division (A)(1), (5), (6), (7), (8), (9), (10), (11), or (12) of	859
section 2907.03 of the Revised Code, or a violation of division	860
(B) of section 2907.03 of the Revised Code based on conduct of a	861
type described in division (A)(1), (5), (6), (7), (8), (9), (10),	862
(11), or (12) of that section;	863

(b) A violation of section 2907.05 or 2907.06 of the Revised	864
Code if, at the time of the violation, any of the following apply:	865

(i) The actor is the victim's natural parent, adoptive	866
parent, or stepparent or the guardian, custodian, or person in	867
loco parentis of the victim.	868

(ii) The victim is in custody of law or a patient in a	869
hospital or other institution, and the actor has supervisory or	870
disciplinary authority over the victim.	871

(iii) The actor is a teacher, administrator, coach, or other	872
person in authority employed by or serving in a school for which	873
the state board of education prescribes minimum standards pursuant	874
to division (D) of section 3301.07 of the Revised Code, the victim	875
is enrolled in or attends that school, and the actor is not	876
enrolled in and does not attend that school.	877

(iv) The actor is a teacher, administrator, coach, or other	878
person in authority employed by or serving in an institution of	879
higher education, and the victim is enrolled in or attends that	880
institution.	881

(v) The actor is the victim's athletic or other type of	882
coach, is the victim's instructor, is the leader of a scouting	883
troop of which the victim is a member, or is a person with	884
temporary or occasional disciplinary control over the victim.	885

(vi) The actor is a mental health professional, the victim is	886
a mental health client or patient of the actor, and the actor	887
induces the victim to submit by falsely representing to the victim	888
that the sexual contact involved in the violation is necessary for	889
mental health treatment purposes.	890

(vii) The victim is confined in a detention facility, and the	891
actor is an employee of that detention facility.	892

(viii) The actor is a cleric, and the victim is a member of,	893
or attends, the church or congregation served by the cleric.	894

(2) "Cleric" has the same meaning as in section 2317.02 of	895
the Revised Code.	896

(3) "Mental health client or patient" has the same meaning as	897
in section 2305.51 of the Revised Code.	898

(4) "Mental health professional" has the same meaning as in	899
section 2305.115 of the Revised Code.	900

(5) "Sexual contact" has the same meaning as in section	901
2907.01 of the Revised Code.	902

(6) "Victim" means, except as provided in division (B) of	903
this section, a victim of childhood sexual abuse.	904

(B) Except as provided in section 2305.115 of the Revised	905
Code and subject to division (C) of this section, an action for	906
assault or battery shall be brought within one year after the	907
cause of the action accrues. For purposes of this section, a cause	908
of action for assault or battery accrues upon the later of the	909
following:	910

(1) The date on which the alleged assault or battery	911
occurred;	912

(2) If the plaintiff did not know the identity of the person	913
who allegedly committed the assault or battery on the date on	914
which it allegedly occurred, the earlier of the following dates:	915

(a) The date on which the plaintiff learns the identity of	916
that person;	917

(b) The date on which, by the exercise of reasonable	918
diligence, the plaintiff should have learned the identity of that	919
person.	920

(C) An action for assault or battery brought by a victim of	921
childhood sexual abuse based on childhood sexual abuse, or an	922
action brought by a victim of childhood sexual abuse asserting any	923
claim resulting from childhood sexual abuse, shall be brought	924
within twelve years after the cause of action accrues. For	925
purposes of this section, a cause of action for assault or battery	926
based on childhood sexual abuse, or a cause of action for a claim	927
resulting from childhood sexual abuse, accrues upon the date on	928
which the victim reaches the age of majority. If the defendant in	929
an action brought by a victim of childhood sexual abuse asserting	930
a claim resulting from childhood sexual abuse that occurs on or	931
after ~~the effective date of this act~~August 3, 2006, has	932
fraudulently concealed from the plaintiff facts that form the	933
basis of the claim, the running of the limitations period with	934
regard to that claim is tolled until the time when the plaintiff	935
discovers or in the exercise of due diligence should have	936
discovered those facts.	937

Sec. 2307.53. (A) As used in this section:

938

(1) "Frivolous conduct" has the same meaning as in section	939
2323.51 of the Revised Code.	940

(2) "Partial birth procedure" has the same meaning as in	941
section 2919.151 of the Revised Code.	942

(B) A woman upon whom a partial birth procedure is performed	943
in violation of division (B) or (C) of section 2919.151 of the	944
Revised Code, the father of the child if the child was not	945
conceived by rape, aggravated rape, or aggravated rape of a child,	946
or the parent of the woman if the woman is not eighteen years of	947
age or older at the time of the violation has and may commence a	948
civil action for compensatory damages, punitive or exemplary	949
damages if authorized by section 2315.21 of the Revised Code, and	950
court costs and reasonable attorney's fees against the person who	951
committed the violation.	952

(C) If a judgment is rendered in favor of the defendant in a	953
civil action commenced pursuant to division (B) of this section	954
and the court finds, upon the filing of a motion under section	955
2323.51 of the Revised Code, that the commencement of the civil	956
action constitutes frivolous conduct and that the defendant was	957
adversely affected by the frivolous conduct, the court shall award	958
in accordance with section 2323.51 of the Revised Code reasonable	959
attorney's fees to the defendant.	960

Sec. 2901.02. As used in the Revised Code:

961

(A) Offenses include aggravated murder, murder, felonies of	962
the first, second, third, fourth, and fifth degree, misdemeanors	963
of the first, second, third, and fourth degree, minor	964
misdemeanors, and offenses not specifically classified.	965

(B) Aggravated murder when the indictment or the count in the	966
indictment charging aggravated murder contains one or more	967
specifications of aggravating circumstances listed in division (A)	968
of section 2929.04 of the Revised Code, aggravated rape,	969
aggravated rape of a child, aggravated sexual battery, aggravated	970
sexual battery of a child, or aggravated unlawful sexual conduct	971
with a minor when the indictment or the count in the indictment	972
contains one or more specifications of aggravating circumstances	973
listed in division (C) of section 2929.04 of the Revised Code, and	974
any other offense for which death may be imposed as a penalty, is	975
a capital offense.	976

977

(D) Regardless of the penalty that may be imposed, any	978
offense specifically classified as a felony is a felony, and any	979
offense specifically classified as a misdemeanor is a misdemeanor.	980

(E) Any offense not specifically classified is a felony if	981
imprisonment for more than one year may be imposed as a penalty.	982

(F) Any offense not specifically classified is a misdemeanor	983
if imprisonment for not more than one year may be imposed as a	984
penalty.	985

(G) Any offense not specifically classified is a minor	986
misdemeanor if the only penalty that may be imposed is one of the	987
following:	988

(1) For an offense committed prior to January 1, 2004, a fine	989
not exceeding one hundred dollars;	990

(2) For an offense committed on or after January 1, 2004, a	991
fine not exceeding one hundred fifty dollars, community service	992
under division (D) of section 2929.27 of the Revised Code, or a	993
financial sanction other than a fine under section 2929.28 of the	994
Revised Code.	995

Sec. 2903.01. (A) No person shall purposely, and with prior	996
calculation and design, cause the death of another or the unlawful	997
termination of another's pregnancy.	998

(B) No person shall purposely cause the death of another or	999
the unlawful termination of another's pregnancy while committing	1000
or attempting to commit, or while fleeing immediately after	1001
committing or attempting to commit, kidnapping, rape, aggravated	1002
rape, aggravated rape of a child, aggravated arson, arson,	1003
aggravated robbery, robbery, aggravated burglary, burglary,	1004
trespass in a habitation when a person is present or likely to be	1005
present, terrorism, or escape.	1006

(C) No person shall purposely cause the death of another who	1007
is under thirteen years of age at the time of the commission of	1008
the offense.	1009

(D) No person who is under detention as a result of having	1010
been found guilty of or having pleaded guilty to a felony or who	1011
breaks that detention shall purposely cause the death of another.	1012

(E) No person shall purposely cause the death of a law	1013
enforcement officer whom the offender knows or has reasonable	1014
cause to know is a law enforcement officer when either of the	1015
following applies:	1016

(1) The victim, at the time of the commission of the offense,	1017
is engaged in the victim's duties.	1018

(2) It is the offender's specific purpose to kill a law	1019
enforcement officer.	1020

(F) Whoever violates this section is guilty of aggravated	1021
murder, and shall be punished as provided in section 2929.02 of	1022
the Revised Code.	1023

(G) As used in this section:

1024

(1) "Detention" has the same meaning as in section 2921.01 of	1025
the Revised Code.	1026

(2) "Law enforcement officer" has the same meaning as in	1027
section 2911.01 of the Revised Code.	1028

Sec. 2907.02. (A)(1) No person shall engage in sexual	1029
conduct with another who is not the spouse of the offender or who	1030
is the spouse of the offender but is living separate and apart	1031
from the offender, when any of the following applies:	1032

(a) For the purpose of preventing resistance, the offender	1033
substantially impairs the other person's judgment or control by	1034
administering any drug, intoxicant, or controlled substance to the	1035
other person surreptitiously or by force, threat of force, or	1036
deception.	1037

(b) The other person is less than thirteen years of age,	1038
whether or not the offender knows the age of the other person.	1039

(c) The other person's ability to resist or consent is	1040
substantially impaired because of a mental or physical condition	1041
or because of advanced age, and the offender knows or has	1042
reasonable cause to believe that the other person's ability to	1043
resist or consent is substantially impaired because of a mental or	1044
physical condition or because of advanced age.	1045

(2) No person shall engage in sexual conduct with another	1046
when the offender purposely compels the other person to submit by	1047
force or threat of force.	1048

(3)(a) No person who previously has been convicted of,	1049
pleaded guilty to, or been adjudicated a delinquent child for	1050
committing a violation of division (A)(1), (2), or (3) of this	1051
section, section 2907.03, section 2907.04, or former section	1052
2907.12 of the Revised Code shall violate division (A)(1) or (2)	1053
of this section.	1054

(b) No person who previously has been convicted of, pleaded	1055
guilty to, or been adjudicated a delinquent child for committing a	1056
violation of division (A)(1), (2), or (3) of this section, section	1057
2907.03, section 2907.04, or former section 2907.12 of the Revised	1058
Code shall violate division (A)(1) or (2) of this section if the	1059
other person is less than sixteen years of age, whether or not the	1060
offender knows the age of the other person.	1061

(B) Whoever violates division (A)(1) or (2) of this section	1062
is guilty of rape, a felony of the first degree, and shall be	1063
punished as described in this division. If the offender under	1064
division (A)(1)(a) of this section substantially impairs the other	1065
person's judgment or control by administering any controlled	1066
substance described in section 3719.41 of the Revised Code to the	1067
other person surreptitiously or by force, threat of force, or	1068
deception, the prison term imposed upon the offender shall be one	1069
of the prison terms prescribed for a felony of the first degree in	1070
section 2929.14 of the Revised Code that is not less than five	1071
years. Except as otherwise provided in this division,	1072
notwithstanding sections 2929.11 to 2929.14 of the Revised Code,	1073
an offender under division (A)(1)(b) of this section shall be	1074
sentenced to a prison term or term of life imprisonment pursuant	1075
to section 2971.03 of the Revised Code. If an offender is	1076
convicted of or pleads guilty to a violation of division (A)(1)(b)	1077
of this section, if the offender was less than sixteen years of	1078
age at the time the offender committed the violation of that	1079
division, and if the offender during or immediately after the	1080
commission of the offense did not cause serious physical harm to	1081
the victim, the victim was ten years of age or older at the time	1082
of the commission of the violation, and the offender has not	1083
previously been convicted of or pleaded guilty to a violation of	1084
this section or a substantially similar existing or former law of	1085
this state, another state, or the United States, the court shall	1086
not sentence the offender to a prison term or term of life	1087
imprisonment pursuant to section 2971.03 of the Revised Code, and	1088
instead the court shall sentence the offender as otherwise	1089
provided in this division. If an offender under division (A)(1)(b)	1090
of this section previously has been convicted of or pleaded guilty	1091
to violating division (A)(1)(b) of this section or to violating an	1092
existing or former law of this state, another state, or the United	1093
States that is substantially similar to division (A)(1)(b) of this	1094
section, if the offender during or immediately after the	1095
commission of the offense caused serious physical harm to the	1096
victim, or if the victim under division (A)(1)(b) of this section	1097
is less than ten years of age, in lieu of sentencing the offender	1098
to a prison term or term of life imprisonment pursuant to section	1099
2971.03 of the Revised Code, the court may impose upon the	1100
offender a term of life without parole. If the court imposes a	1101
term of life without parole pursuant to this division, division	1102
(F) of section 2971.03 of the Revised Code applies, and the	1103
offender automatically is classified a tier III sex	1104
offender/child-victim offender, as described in that division.	1105

(C)(1) Whoever violates division (A)(3)(a) of this section is	1106
guilty of aggravated rape. Aggravated rape is a felony of the	1107
first degree, and the offender shall be punished as provided in	1108
section 2929.02 of the Revised Code.	1109

(2) Whoever violates division (A)(3)(b) of this section is	1110
guilty of aggravated rape of a child. Aggravated rape of a child	1111
is a felony of the first degree, and the offender shall be	1112
punished as provided in section 2929.02 of the Revised Code.	1113

(D) A victim need not prove physical resistance to the	1114
offender in prosecutions under this section.	1115

~~(D)~~(E) Evidence of specific instances of the victim's sexual	1116
activity, opinion evidence of the victim's sexual activity, and	1117
reputation evidence of the victim's sexual activity shall not be	1118
admitted under this section unless it involves evidence of the	1119
origin of semen, pregnancy, or disease, or the victim's past	1120
sexual activity with the offender, and only to the extent that the	1121
court finds that the evidence is material to a fact at issue in	1122
the case and that its inflammatory or prejudicial nature does not	1123
outweigh its probative value.	1124

Evidence of specific instances of the defendant's sexual	1125
activity, opinion evidence of the defendant's sexual activity, and	1126
reputation evidence of the defendant's sexual activity shall not	1127
be admitted under this section unless it involves evidence of the	1128
origin of semen, pregnancy, or disease, the defendant's past	1129
sexual activity with the victim, or is admissible against the	1130
defendant under section 2945.59 of the Revised Code, and only to	1131
the extent that the court finds that the evidence is material to a	1132
fact at issue in the case and that its inflammatory or prejudicial	1133
nature does not outweigh its probative value.	1134

~~(E)~~(F) Prior to taking testimony or receiving evidence of any	1135
sexual activity of the victim or the defendant in a proceeding	1136
under this section, the court shall resolve the admissibility of	1137
the proposed evidence in a hearing in chambers, which shall be	1138
held at or before preliminary hearing and not less than three days	1139
before trial, or for good cause shown during the trial.	1140

~~(F)~~(G) Upon approval by the court, the victim may be	1141
represented by counsel in any hearing in chambers or other	1142
proceeding to resolve the admissibility of evidence. If the victim	1143
is indigent or otherwise is unable to obtain the services of	1144
counsel, the court, upon request, may appoint counsel to represent	1145
the victim without cost to the victim.	1146

~~(G)~~(H) It is not a defense to a charge under division (A)(2)	1147
of this section or a charge under division (A)(3)(a) or (b) of	1148
this section based on conduct of a type described in division	1149
(A)(2) of this section that the offender and the victim were	1150
married or were cohabiting at the time of the commission of the	1151
offense.	1152

Sec. 2907.03. (A) No person shall engage in sexual conduct	1153
with another, not the spouse of the offender, when any of the	1154
following apply:	1155

(1) The offender knowingly coerces the other person to submit	1156
by any means that would prevent resistance by a person of ordinary	1157
resolution.	1158

(2) The offender knows that the other person's ability to	1159
appraise the nature of or control the other person's own conduct	1160
is substantially impaired.	1161

(3) The offender knows that the other person submits because	1162
the other person is unaware that the act is being committed.	1163

(4) The offender knows that the other person submits because	1164
the other person mistakenly identifies the offender as the other	1165
person's spouse.	1166

(5) The offender is the other person's natural or adoptive	1167
parent, or a stepparent, or guardian, custodian, or person in loco	1168
parentis of the other person.	1169

(6) The other person is in custody of law or a patient in a	1170
hospital or other institution, and the offender has supervisory or	1171
disciplinary authority over the other person.	1172

(7) The offender is a teacher, administrator, coach, or other	1173
person in authority employed by or serving in a school for which	1174
the state board of education prescribes minimum standards pursuant	1175
to division (D) of section 3301.07 of the Revised Code, the other	1176
person is enrolled in or attends that school, and the offender is	1177
not enrolled in and does not attend that school.	1178

(8) The other person is a minor, the offender is a teacher,	1179
administrator, coach, or other person in authority employed by or	1180
serving in an institution of higher education, and the other	1181
person is enrolled in or attends that institution.	1182

(9) The other person is a minor, and the offender is the	1183
other person's athletic or other type of coach, is the other	1184
person's instructor, is the leader of a scouting troop of which	1185
the other person is a member, or is a person with temporary or	1186
occasional disciplinary control over the other person.	1187

(10) The offender is a mental health professional, the other	1188
person is a mental health client or patient of the offender, and	1189
the offender induces the other person to submit by falsely	1190
representing to the other person that the sexual conduct is	1191
necessary for mental health treatment purposes.	1192

(11) The other person is confined in a detention facility,	1193
and the offender is an employee of that detention facility.	1194

(12) The other person is a minor, the offender is a cleric,	1195
and the other person is a member of, or attends, the church or	1196
congregation served by the cleric.	1197

(13) The other person is a minor, the offender is a peace	1198
officer, and the offender is more than two years older than the	1199
other person.	1200

(B)(1) No person who previously has been convicted of,	1201
pleaded guilty to, or been adjudicated a delinquent child for	1202
committing a violation of division (A) or (B) of this section,	1203
section 2907.02, section 2907.04, or former section 2907.12 of the	1204
Revised Code shall violate division (A) of this section.	1205

(2) No person who previously has been convicted of, pleaded	1206
guilty to, or been adjudicated a delinquent child for committing a	1207
violation of division (A) or (B) of this section, section 2907.02,	1208
section 2907.04, or former section 2907.12 of the Revised Code	1209
shall violate division (A) of this section if the other person is	1210
less than sixteen years of age, whether or not the offender knows	1211
the age of the other person.	1212

(C)(1) Whoever violates division (A) of this section is	1213
guilty of sexual battery. Except as otherwise provided in this	1214
division, sexual battery is a felony of the third degree. If the	1215
other person is less than thirteen years of age, sexual battery is	1216
a felony of the second degree, and the court shall impose upon the	1217
offender a mandatory prison term equal to one of the prison terms	1218
prescribed in section 2929.14 of the Revised Code for a felony of	1219
the second degree.	1220

~~(C)~~(2) Whoever violates division (B)(1) of this section is	1221
guilty of aggravated sexual battery. Aggravated sexual battery is	1222
a felony of the first degree, and the offender shall be punished	1223
as provided in section 2929.02 of the Revised Code.	1224

(3) Whoever violates division (B)(2) of this section is	1225
guilty of aggravated sexual battery of a child. Aggravated sexual	1226
battery of a child is a felony of the first degree, and the	1227
offender shall be punished as provided in section 2929.02 of the	1228
Revised Code.	1229

(D) As used in this section:

1230

(1) "Cleric" has the same meaning as in section 2317.02 of	1231
the Revised Code.	1232

(2) "Detention facility" has the same meaning as in section	1233
2921.01 of the Revised Code.	1234

(3) "Institution of higher education" means a state	1235
institution of higher education defined in section 3345.011 of the	1236
Revised Code, a private nonprofit college or university located in	1237
this state that possesses a certificate of authorization issued by	1238
the Ohio board of regents pursuant to Chapter 1713. of the Revised	1239
Code, or a school certified under Chapter 3332. of the Revised	1240
Code.	1241

(4) "Peace officer" has the same meaning as in section	1242
2935.01 of the Revised Code.	1243

Sec. 2907.04. (A) No person who is eighteen years of age or	1244
older shall engage in sexual conduct with another, who is not the	1245
spouse of the offender, when the offender knows the other person	1246
is thirteen years of age or older but less than sixteen years of	1247
age, or the offender is reckless in that regard.	1248

(B) No person who previously has been convicted of, pleaded	1249
guilty to, or been adjudicated a delinquent child for committing a	1250
violation of division (A) or (B) of this section, section 2907.02,	1251
section 2907.03, or former section 2907.12 of the Revised Code	1252
shall violate division (A) of this section.	1253

(C) Whoever violates division (A) of this section is guilty	1254
of unlawful sexual conduct with a minor.	1255

(1) Except as otherwise provided in divisions (B)(2), (3),	1256
and (4) of this section, unlawful sexual conduct with a minor is a	1257
felony of the fourth degree.	1258

(2) Except as otherwise provided in division (B)(4) of this	1259
section, if the offender is less than four years older than the	1260
other person, unlawful sexual conduct with a minor is a	1261
misdemeanor of the first degree.	1262

(3) Except as otherwise provided in division (B)(4) of this	1263
section, if the offender is ten or more years older than the other	1264
person, unlawful sexual conduct with a minor is a felony of the	1265
third degree.	1266

(4) If the offender previously has been convicted of or	1267
pleaded guilty to a violation of section 2907.02, 2907.03, or	1268
2907.04 of the Revised Code or a violation of former section	1269
2907.12 of the Revised Code, unlawful sexual conduct with a minor	1270
is a felony of the second degree.	1271

(D) Whoever violates division (B) of this section is guilty	1272
of aggravated unlawful sexual conduct with a minor. Aggravated	1273
unlawful sexual conduct with a minor is a felony of the first	1274
degree, and the offender shall be punished as provided in section	1275
2929.02 of the Revised Code.	1276

Sec. 2907.05. (A) No person shall have sexual contact with	1277
another, not the spouse of the offender; cause another, not the	1278
spouse of the offender, to have sexual contact with the offender;	1279
or cause two or more other persons to have sexual contact when any	1280
of the following applies:	1281

(1) The offender purposely compels the other person, or one	1282
of the other persons, to submit by force or threat of force.	1283

(2) For the purpose of preventing resistance, the offender	1284
substantially impairs the judgment or control of the other person	1285
or of one of the other persons by administering any drug,	1286
intoxicant, or controlled substance to the other person	1287
surreptitiously or by force, threat of force, or deception.	1288

(3) The offender knows that the judgment or control of the	1289
other person or of one of the other persons is substantially	1290
impaired as a result of the influence of any drug or intoxicant	1291
administered to the other person with the other person's consent	1292
for the purpose of any kind of medical or dental examination,	1293
treatment, or surgery.	1294

(4) The other person, or one of the other persons, is less	1295
than thirteen years of age, whether or not the offender knows the	1296
age of that person.	1297

(5) The ability of the other person to resist or consent or	1298
the ability of one of the other persons to resist or consent is	1299
substantially impaired because of a mental or physical condition	1300
or because of advanced age, and the offender knows or has	1301
reasonable cause to believe that the ability to resist or consent	1302
of the other person or of one of the other persons is	1303
substantially impaired because of a mental or physical condition	1304
or because of advanced age.	1305

(B) No person shall knowingly touch the genitalia of another,	1306
when the touching is not through clothing, the other person is	1307
less than twelve years of age, whether or not the offender knows	1308
the age of that person, and the touching is done with an intent to	1309
abuse, humiliate, harass, degrade, or arouse or gratify the sexual	1310
desire of any person.	1311

(C) Whoever violates this section is guilty of gross sexual	1312
imposition.	1313

(1) Except as otherwise provided in this section, gross	1314
sexual imposition committed in violation of division (A)(1), (2),	1315
(3), or (5) of this section is a felony of the fourth degree. If	1316
the offender under division (A)(2) of this section substantially	1317
impairs the judgment or control of the other person or one of the	1318
other persons by administering any controlled substance described	1319
in section 3719.41 of the Revised Code to the person	1320
surreptitiously or by force, threat of force, or deception, gross	1321
sexual imposition committed in violation of division (A)(2) of	1322
this section is a felony of the third degree.	1323

(2) Gross sexual imposition committed in violation of	1324
division (A)(4) or (B) of this section is a felony of the third	1325
degree. Except as otherwise provided in this division, for gross	1326
sexual imposition committed in violation of division (A)(4) or (B)	1327
of this section there is a presumption that a prison term shall be	1328
imposed for the offense. The court shall impose on an offender	1329
convicted of gross sexual imposition in violation of division	1330
(A)(4) or (B) of this section a mandatory prison term equal to one	1331
of the prison terms prescribed in section 2929.14 of the Revised	1332
Code for a felony of the third degree if either of the following	1333
applies:	1334

(a) Evidence other than the testimony of the victim was	1335
admitted in the case corroborating the violation;	1336

(b) The offender previously was convicted of or pleaded	1337
guilty to a violation of this section, rape, aggravated rape,	1338
aggravated rape of a child, the former offense of felonious sexual	1339
penetration, or sexual battery, aggravated sexual battery, or	1340
aggravated sexual battery of a child, and the victim of the	1341
previous offense was less than thirteen years of age.	1342

(D) A victim need not prove physical resistance to the	1343
offender in prosecutions under this section.	1344

(E) Evidence of specific instances of the victim's sexual	1345
activity, opinion evidence of the victim's sexual activity, and	1346
reputation evidence of the victim's sexual activity shall not be	1347
admitted under this section unless it involves evidence of the	1348
origin of semen, pregnancy, or disease, or the victim's past	1349
sexual activity with the offender, and only to the extent that the	1350
court finds that the evidence is material to a fact at issue in	1351
the case and that its inflammatory or prejudicial nature does not	1352
outweigh its probative value.	1353

Evidence of specific instances of the defendant's sexual	1354
activity, opinion evidence of the defendant's sexual activity, and	1355
reputation evidence of the defendant's sexual activity shall not	1356
be admitted under this section unless it involves evidence of the	1357
origin of semen, pregnancy, or disease, the defendant's past	1358
sexual activity with the victim, or is admissible against the	1359
defendant under section 2945.59 of the Revised Code, and only to	1360
the extent that the court finds that the evidence is material to a	1361
fact at issue in the case and that its inflammatory or prejudicial	1362
nature does not outweigh its probative value.	1363

(F) Prior to taking testimony or receiving evidence of any	1364
sexual activity of the victim or the defendant in a proceeding	1365
under this section, the court shall resolve the admissibility of	1366
the proposed evidence in a hearing in chambers, which shall be	1367
held at or before preliminary hearing and not less than three days	1368
before trial, or for good cause shown during the trial.	1369

(G) Upon approval by the court, the victim may be represented	1370
by counsel in any hearing in chambers or other proceeding to	1371
resolve the admissibility of evidence. If the victim is indigent	1372
or otherwise is unable to obtain the services of counsel, the	1373
court, upon request, may appoint counsel to represent the victim	1374
without cost to the victim.	1375

Sec. 2907.17. If a mental health professional is indicted or	1376
charged and bound over to the court of common pleas for trial for	1377
an alleged violation of division (A)(10) of section 2907.03 or, an	1378
alleged violation of division (B) of section 2907.03 based on	1379
conduct of the type described in division (A)(10) of that section,	1380
or an alleged violation of division (A)(5) of section 2907.06 of	1381
the Revised Code, the prosecuting attorney handling the case shall	1382
send written notice of the indictment or the charge and bind over	1383
to the regulatory or licensing board or agency, if any, that has	1384
the administrative authority to suspend or revoke the mental	1385
health professional's professional license, certification,	1386
registration, or authorization.	1387

Sec. 2907.18. If a mental health professional is convicted	1388
of or pleads guilty to a violation of division (A)(10) of section	1389
2907.03 or, a violation of division (B) of section 2907.03 based	1390
on conduct of the type described in division (A)(10) of that	1391
section, or a violation of division (A)(5) of section 2907.06 of	1392
the Revised Code, the court shall transmit a certified copy of the	1393
judgment entry of conviction to the regulatory or licensing board	1394
or agency, if any, that has the administrative authority to	1395
suspend or revoke the mental health professional's professional	1396
license, certification, registration, or authorization.	1397

Sec. 2909.24. (A) No person shall commit a specified offense	1398
with purpose to do any of the following:	1399

(1) Intimidate or coerce a civilian population;

1400

(2) Influence the policy of any government by intimidation or	1401
coercion;	1402

(3) Affect the conduct of any government by the specified	1403
offense.	1404

(B)(1) Whoever violates this section is guilty of terrorism.

1405

(2) Except as otherwise provided in divisions (B)(3) and (4)	1406
of this section, terrorism is an offense one degree higher than	1407
the most serious underlying specified offense the defendant	1408
committed.	1409

(3) If the most serious underlying specified offense the	1410
defendant committed is a felony of the first degree or murder, the	1411
person shall be sentenced to life imprisonment without parole.	1412

(4) If the most serious underlying specified offense the	1413
defendant committed is aggravated murder, aggravated rape,	1414
aggravated rape of a child, aggravated sexual battery, aggravated	1415
sexual battery of a child, or aggravated unlawful sexual conduct	1416
with a minor, the offender shall be sentenced to life imprisonment	1417
without parole or death pursuant to sections 2929.02 to 2929.06 of	1418
the Revised Code.	1419

(5) Section 2909.25 of the Revised Code applies regarding an	1420
offender who is convicted of or pleads guilty to a violation of	1421
this section.	1422

Sec. 2923.02. (A) No person, purposely or knowingly, and	1423
when purpose or knowledge is sufficient culpability for the	1424
commission of an offense, shall engage in conduct that, if	1425
successful, would constitute or result in the offense.	1426

(B) It is no defense to a charge under this section that, in	1427
retrospect, commission of the offense that was the object of the	1428
attempt was either factually or legally impossible under the	1429
attendant circumstances, if that offense could have been committed	1430
had the attendant circumstances been as the actor believed them to	1431
be.	1432

(C) No person who is convicted of committing a specific	1433
offense, of complicity in the commission of an offense, or of	1434
conspiracy to commit an offense shall be convicted of an attempt	1435
to commit the same offense in violation of this section.	1436

(D) It is an affirmative defense to a charge under this	1437
section that the actor abandoned the actor's effort to commit the	1438
offense or otherwise prevented its commission, under circumstances	1439
manifesting a complete and voluntary renunciation of the actor's	1440
criminal purpose.	1441

(E)(1) Whoever violates this section is guilty of an attempt	1442
to commit an offense. An attempt to commit aggravated murder,	1443
murder, aggravated rape, aggravated rape of a child, aggravated	1444
sexual battery, aggravated sexual battery of a child, aggravated	1445
unlawful sexual conduct with a minor, or an offense for which the	1446
maximum penalty is imprisonment for life is a felony of the first	1447
degree. An attempt to commit a drug abuse offense for which the	1448
penalty is determined by the amount or number of unit doses of the	1449
controlled substance involved in the drug abuse offense is an	1450
offense of the same degree as the drug abuse offense attempted	1451
would be if that drug abuse offense had been committed and had	1452
involved an amount or number of unit doses of the controlled	1453
substance that is within the next lower range of controlled	1454
substance amounts than was involved in the attempt. An attempt to	1455
commit any other offense is an offense of the next lesser degree	1456
than the offense attempted. In the case of an attempt to commit an	1457
offense other than a violation of Chapter 3734. of the Revised	1458
Code that is not specifically classified, an attempt is a	1459
misdemeanor of the first degree if the offense attempted is a	1460
felony, and a misdemeanor of the fourth degree if the offense	1461
attempted is a misdemeanor. In the case of an attempt to commit a	1462
violation of any provision of Chapter 3734. of the Revised Code,	1463
other than section 3734.18 of the Revised Code, that relates to	1464
hazardous wastes, an attempt is a felony punishable by a fine of	1465
not more than twenty-five thousand dollars or imprisonment for not	1466
more than eighteen months, or both. An attempt to commit a minor	1467
misdemeanor, or to engage in conspiracy, is not an offense under	1468
this section.	1469

(2) If a person is convicted of or pleads guilty to attempted	1470
rape, attempted aggravated rape, or attempted aggravated rape of a	1471
child and also is convicted of or pleads guilty to a specification	1472
of the type described in section 2941.1418, 2941.1419, or	1473
2941.1420 of the Revised Code, the offender shall be sentenced to	1474
a prison term or term of life imprisonment pursuant to division	1475
(A)(3)(e) or (B)(2) of section 2971.03 of the Revised Code. If a	1476
person is convicted of or pleads guilty to attempted aggravated	1477
sexual battery, attempted aggravated sexual battery of a child, or	1478
attempted aggravated unlawful sexual conduct with a minor, also is	1479
convicted of or pleads guilty to a specification of any of those	1480
types, and also is convicted of or pleads guilty to a sexually	1481
violent predator specification, the offender shall be sentenced to	1482
a prison term or term of life imprisonment pursuant to division	1483
(A)(3)(e) of section 2971.03 of the Revised Code.	1484

(3) In addition to any other sanctions imposed pursuant to	1485
division (E)(1) of this section for an attempt to commit	1486
aggravated murder or murder in violation of division (A) of this	1487
section, if the offender used a motor vehicle as the means to	1488
attempt to commit the offense, the court shall impose upon the	1489
offender a class two suspension of the offender's driver's	1490
license, commercial driver's license, temporary instruction	1491
permit, probationary license, or nonresident operating privilege	1492
as specified in division (A)(2) of section 4510.02 of the Revised	1493
Code.	1494

(F) As used in this section:

1495

(1) "Drug abuse offense" has the same meaning as in section	1496
2925.01 of the Revised Code.	1497

(2) "Motor vehicle" has the same meaning as in section	1498
4501.01 of the Revised Code.	1499

Sec. 2929.02. (A) Whoever is convicted of or pleads guilty	1500
to aggravated murder in violation of section 2903.01 of the	1501
Revised Code, aggravated rape or aggravated rape of a child in	1502
violation of division (A)(3)(a) or (b) of section 2907.02 of the	1503
Revised Code, aggravated sexual battery or aggravated sexual	1504
battery of a child in violation of division (B)(1) or (2) of	1505
section 2907.03 of the Revised Code, or aggravated unlawful sexual	1506
conduct with a minor in violation of division (B) of section	1507
2907.04 of the Revised Code shall suffer death or be imprisoned	1508
for life, as determined pursuant to sections 2929.022, 2929.03,	1509
and 2929.04 of the Revised Code, except that no person who raises	1510
the matter of age pursuant to section 2929.023 of the Revised Code	1511
and who is not found to have been eighteen years of age or older	1512
at the time of the commission of the offense shall suffer death.	1513
In addition, if the offense is aggravated murder, the offender may	1514
be fined an amount fixed by the court, but not more than	1515
twenty-five thousand dollars, and, if the offense is aggravated	1516
rape, aggravated rape of a child, aggravated sexual battery,	1517
aggravated sexual battery of a child, or aggravated unlawful	1518
sexual conduct with a minor, the court may impose any financial	1519
sanction authorized under section 2929.18 of the Revised Code.	1520

(B)(1) Except as otherwise provided in division (B)(2) or (3)	1521
of this section, whoever is convicted of or pleads guilty to	1522
murder in violation of section 2903.02 of the Revised Code shall	1523
be imprisoned for an indefinite term of fifteen years to life.	1524

(2) Except as otherwise provided in division (B)(3) of this	1525
section, if a person is convicted of or pleads guilty to murder in	1526
violation of section 2903.02 of the Revised Code, the victim of	1527
the offense was less than thirteen years of age, and the offender	1528
also is convicted of or pleads guilty to a sexual motivation	1529
specification that was included in the indictment, count in the	1530
indictment, or information charging the offense, the court shall	1531
impose an indefinite prison term of thirty years to life pursuant	1532
to division (B)(3) of section 2971.03 of the Revised Code.	1533

(3) If a person is convicted of or pleads guilty to murder in	1534
violation of section 2903.02 of the Revised Code and also is	1535
convicted of or pleads guilty to a sexual motivation specification	1536
and a sexually violent predator specification that were included	1537
in the indictment, count in the indictment, or information that	1538
charged the murder, the court shall impose upon the offender a	1539
term of life imprisonment without parole that shall be served	1540
pursuant to section 2971.03 of the Revised Code.	1541

(4) In addition, the offender may be fined an amount fixed by	1542
the court, but not more than fifteen thousand dollars.	1543

(C) The court shall not impose a fine or fines for aggravated	1544
murder or, murder, aggravated rape, aggravated rape of a child,	1545
aggravated sexual battery, aggravated sexual battery of a child,	1546
or aggravated unlawful sexual conduct with a minor, which, in the	1547
aggregate and to the extent not suspended by the court, exceeds	1548
the amount which the offender is or will be able to pay by the	1549
method and within the time allowed without undue hardship to the	1550
offender or to the dependents of the offender, or will prevent the	1551
offender from making reparation for the victim's wrongful death.	1552

(D)(1) In addition to any other sanctions imposed for a	1553
violation of section 2903.01 or 2903.02 of the Revised Code, if	1554
the offender used a motor vehicle as the means to commit the	1555
violation, the court shall impose upon the offender a class two	1556
suspension of the offender's driver's license, commercial driver's	1557
license, temporary instruction permit, probationary license, or	1558
nonresident operating privilege as specified in division (A)(2) of	1559
section 4510.02 of the Revised Code.	1560

(2) As used in division (D) of this section, "motor vehicle"	1561
has the same meaning as in section 4501.01 of the Revised Code.	1562

Sec. 2929.021. (A) If an indictment or a count in an	1563
indictment charges the defendant with aggravated murder and	1564
contains one or more specifications of aggravating circumstances	1565
listed in division (A) of section 2929.04 of the Revised Code or	1566
if an indictment or a count in an indictment charges the defendant	1567
with aggravated rape, aggravated rape of a child, aggravated	1568
sexual battery, aggravated sexual battery of a child, or	1569
aggravated unlawful sexual conduct with a minor and contains one	1570
or more specifications of aggravating circumstances listed in	1571
division (C) of that section, the clerk of the court in which the	1572
indictment is filed, within fifteen days after the day on which it	1573
is filed, shall file a notice with the supreme court indicating	1574
that the indictment was filed. The notice shall be in the form	1575
prescribed by the clerk of the supreme court and shall contain,	1576
for each such charge ~~of aggravated murder~~ with a specification, at	1577
least the following information pertaining to the charge:	1578

(1) The name of the person charged in the indictment or count	1579
in the indictment with aggravated murder with a specification or	1580
with aggravated rape, aggravated rape of a child, aggravated	1581
sexual battery, aggravated sexual battery of a child, or	1582
aggravated unlawful sexual conduct with a specification;	1583

(2) The docket number or numbers of the case or cases arising	1584
out of the charge, if available;	1585

(3) The court in which the case or cases will be heard;

1586

(4) The date on which the indictment was filed.

1587

(B) If an indictment or a count in an indictment charges the	1588
defendant with aggravated murder and contains one or more	1589
specifications of aggravating circumstances listed in division (A)	1590
of section 2929.04 of the Revised Code or charges the defendant	1591
with aggravated rape, aggravated rape of a child, aggravated	1592
sexual battery, aggravated sexual battery of a child, or	1593
aggravated unlawful sexual conduct with a minor and contains one	1594
or more specifications of aggravating circumstances listed in	1595
division (C) of that section and if in any such case the defendant	1596
pleads guilty or no contest to any offense in the case or if the	1597
indictment or any count in the indictment is dismissed, the clerk	1598
of the court in which the plea is entered or the indictment or	1599
count is dismissed shall file a notice with the supreme court	1600
indicating what action was taken in the case. The notice shall be	1601
filed within fifteen days after the plea is entered or the	1602
indictment or count is dismissed, shall be in the form prescribed	1603
by the clerk of the supreme court, and shall contain at least the	1604
following information:	1605

(1) The name of the person who entered the guilty or no	1606
contest plea or who is named in the indictment or count that is	1607
dismissed;	1608

(2) The docket numbers of the cases in which the guilty or no	1609
contest plea is entered or in which the indictment or count is	1610
dismissed;	1611

(3) The sentence imposed on the offender in each case.

1612

Sec. 2929.022. (A) If an indictment or count in an	1613
indictment charging a defendant with aggravated murder contains a	1614
specification of the aggravating circumstance of a prior	1615
conviction listed in division (A)(5) of section 2929.04 of the	1616
Revised Code or if an indictment or a count in an indictment	1617
charging a defendant with aggravated rape, aggravated rape of a	1618
child, aggravated sexual battery, aggravated sexual battery of a	1619
child, or aggravated unlawful sexual conduct with a minor contains	1620
a specification of the aggravating circumstance listed in division	1621
(C)(5) of that section, the defendant may elect to have the panel	1622
of three judges, if the defendant waives trial by jury, or the	1623
trial judge, if the defendant is tried by jury, determine the	1624
existence of that aggravating circumstance at the sentencing	1625
hearing held pursuant to divisions (C) and (D) of section 2929.03	1626
of the Revised Code.	1627

(1) If the defendant does not elect to have the existence of	1628
the aggravating circumstance determined at the sentencing hearing,	1629
one of the following applies:	1630

(a) If the charge is of aggravated murder, the defendant	1631
shall be tried on the charge of aggravated murder, on the	1632
specification of the aggravating circumstance of a prior	1633
conviction listed in division (A)(5) of section 2929.04 of the	1634
Revised Code, and on any other specifications of an aggravating	1635
circumstance listed in division (A) of that section ~~2929.04 of the~~	1636
~~Revised Code~~ in a single trial as in any other criminal case in	1637
which a person is charged with aggravated murder and	1638
specifications.	1639

(b) If the charge is of aggravated rape, aggravated rape of a	1640
child, aggravated sexual battery, aggravated sexual battery of a	1641
child, or aggravated unlawful sexual conduct with a minor, the	1642
defendant shall be tried on the charge of that offense, on the	1643
specification of the aggravating circumstances of a prior	1644
conviction listed in division (C)(5) of section 2929.04 of the	1645
Revised Code, and on any other specifications of an aggravating	1646
circumstance listed in division (C) of that section in a single	1647
trial as in any other criminal case in which a person is charged	1648
with that offense and specifications.	1649

(2) If the defendant does elect to have the existence of the	1650
aggravating circumstance of a prior conviction listed in division	1651
(A)(5) or (C)(5) of section 2929.04 of the Revised Code, whichever	1652
is applicable, determined at the sentencing hearing, then,	1653
following a verdict of guilty of the charge of aggravated murder,	1654
aggravated rape, aggravated rape of a child, aggravated sexual	1655
battery, aggravated sexual battery of a child, or aggravated	1656
unlawful sexual conduct with a minor, whichever is applicable, the	1657
panel of three judges or the trial judge shall:	1658

(a) Hold a sentencing hearing pursuant to division (B) of	1659
this section, unless required to do otherwise under division	1660
(A)(2)(b) of this section;	1661

(b) If the offender raises the matter of age at trial	1662
pursuant to section 2929.023 of the Revised Code and is not found	1663
at trial to have been eighteen years of age or older at the time	1664
of the commission of the offense, conduct a hearing to determine	1665
if the specification of the aggravating circumstance of a prior	1666
conviction listed in division (A)(5) or (C)(5) of section 2929.04	1667
of the Revised Code, whichever is applicable, is proven beyond a	1668
reasonable doubt. After conducting the hearing, the panel or judge	1669
shall proceed as follows:	1670

(i) If that aggravating circumstance is proven beyond a	1671
reasonable doubt or if the defendant at trial was convicted of any	1672
other specification of an aggravating circumstance, the panel or	1673
judge shall impose sentence according to division (E) of section	1674
2929.03 of the Revised Code.	1675

(ii) If that aggravating circumstance is not proven beyond a	1676
reasonable doubt and the defendant at trial was not convicted of	1677
any other specification of an aggravating circumstance, except as	1678
otherwise provided in this division, the panel or judge shall	1679
impose sentence of life imprisonment with parole eligibility after	1680
serving twenty years of imprisonment on the offender. If that	1681
aggravating circumstance is not proven beyond a reasonable doubt,	1682
the defendant at trial was not convicted of any other	1683
specification of an aggravating circumstance, the victim of the	1684
aggravated murder was less than thirteen years of age, and the	1685
offender also is convicted of or pleads guilty to a sexual	1686
motivation specification that was included in the indictment,	1687
count in the indictment, or information charging the offense, the	1688
panel or judge shall sentence the offender pursuant to division	1689
(B)(3) of section 2971.03 of the Revised Code to an indefinite	1690
term consisting of a minimum term of thirty years and a maximum	1691
term of life imprisonment.	1692

(B) At the sentencing hearing, the panel of judges, if the	1693
defendant was tried by a panel of three judges, or the trial	1694
judge, if the defendant was tried by jury, shall, when required	1695
pursuant to division (A)(2) of this section, first determine if	1696
the specification of the aggravating circumstance of a prior	1697
conviction listed in division (A)(5) or (C)(5) of section 2929.04	1698
of the Revised Code, whichever is applicable, is proven beyond a	1699
reasonable doubt. If the panel of judges or the trial judge	1700
determines that the specification of the aggravating circumstance	1701
of a prior conviction listed in division (A)(5) or (C)(5) of	1702
section 2929.04 of the Revised Code is proven beyond a reasonable	1703
doubt or if they do not determine that the cited specification is	1704
proven beyond a reasonable doubt but the defendant at trial was	1705
convicted of a specification of any other aggravating circumstance	1706
listed in division (A) of section 2929.04 of the Revised Code with	1707
respect to a charge of aggravated murder or listed in division (C)	1708
of that section with respect to a charge of aggravated rape,	1709
aggravated rape of a child, aggravated sexual battery, aggravated	1710
sexual battery of a child, or aggravated unlawful sexual conduct	1711
with a minor, whichever is applicable, the panel of judges or the	1712
trial judge and trial jury shall impose sentence on the offender	1713
pursuant to division (D) of section 2929.03 and section 2929.04 of	1714
the Revised Code. If the panel of judges or the trial judge does	1715
not determine that the specification of the aggravating	1716
circumstance of a prior conviction listed in division (A)(5) or	1717
(C)(5) of section 2929.04 of the Revised Code is proven beyond a	1718
reasonable doubt and the defendant at trial was not convicted of	1719
any other specification of an aggravating circumstance listed in	1720
division (A) of section 2929.04 of the Revised Code with respect	1721
to a charge of aggravated murder or listed in division (C) of that	1722
section with respect to a charge of aggravated rape, aggravated	1723
rape of a child, aggravated sexual battery, aggravated sexual	1724
battery of a child, or aggravated unlawful sexual conduct with a	1725
minor, whichever is applicable, the panel of judges or the trial	1726
judge shall terminate the sentencing hearing and impose sentence	1727
on the offender as follows:	1728

(1) Subject to ~~division~~divisions (B)(2) and (3) of this	1729
section, the panel or judge shall impose a sentence of life	1730
imprisonment with parole eligibility after serving twenty years of	1731
imprisonment on the offender.	1732

(2) IfSubject to division (B)(3) of this section, if the	1733
offense is aggravated murder and the victim of the aggravated	1734
murder was less than thirteen years of age and the offender also	1735
is convicted of or pleads guilty to a sexual motivation	1736
specification that was included in the indictment, count in the	1737
indictment, or information charging the offense, the panel or	1738
judge shall sentence the offender pursuant to division (B)(3) of	1739
section 2971.03 of the Revised Code to an indefinite term	1740
consisting of a minimum term of thirty years and a maximum term of	1741
life imprisonment.	1742

(3) If the offense is aggravated murder and the offender also	1743
is convicted of or pleads guilty to a sexual motivation	1744
specification and a sexually violent predator specification that	1745
were included in the indictment, count in the indictment, or	1746
information that charged the aggravated murder or if the offense	1747
is aggravated rape, aggravated rape of a child, aggravated sexual	1748
battery, aggravated sexual battery of a child, or aggravated	1749
unlawful sexual conduct with a minor and the offender also is	1750
convicted of or pleads guilty to a sexually violent predator	1751
specification that was included in the indictment, count in the	1752
indictment, or information that charged the offense, the panel or	1753
judge shall impose upon the offender a sentence of life	1754
imprisonment without parole that shall be served pursuant to	1755
section 2971.03 of the Revised Code.	1756

Sec. 2929.023. A person charged with aggravated murder,	1757
aggravated rape, aggravated rape of a child, aggravated sexual	1758
battery, aggravated sexual battery of a child, or aggravated	1759
unlawful sexual conduct with a minor and one or more	1760
specifications of an aggravating circumstance may, at trial, raise	1761
the matter of ~~his~~the defendant's age at the time of the alleged	1762
commission of the offense and may present evidence at trial that	1763
hethe defendant was not eighteen years of age or older at the	1764
time of the alleged commission of the offense. The burdens of	1765
raising the matter of age, and of going forward with the evidence	1766
relating to the matter of age, are upon the defendant. After a	1767
defendant has raised the matter of age at trial, the prosecution	1768
shall have the burden of proving, by proof beyond a reasonable	1769
doubt, that the defendant was eighteen years of age or older at	1770
the time of the alleged commission of the offense.	1771

Sec. 2929.024. If the court determines that the defendant is	1772
indigent and that investigation services, experts, or other	1773
services are reasonably necessary for the proper representation at	1774
trial of a defendant charged with aggravated murder ~~at trial~~,	1775
aggravated rape, aggravated rape of a child, aggravated sexual	1776
battery, aggravated sexual battery of a child, or aggravated	1777
unlawful sexual conduct with a minor or at the sentencing hearing	1778
for any such defendant, the court shall authorize the defendant's	1779
counsel to obtain the necessary services for the defendant, and	1780
shall order that payment of the fees and expenses for the	1781
necessary services be made in the same manner that payment for	1782
appointed counsel is made pursuant to Chapter 120. of the Revised	1783
Code. If the court determines that the necessary services had to	1784
be obtained prior to court authorization for payment of the fees	1785
and expenses for the necessary services, the court may, after the	1786
services have been obtained, authorize the defendant's counsel to	1787
obtain the necessary services and order that payment of the fees	1788
and expenses for the necessary services be made as provided in	1789
this section.	1790

Sec. 2929.03. (A) If the indictment or count in the	1791
indictment charging aggravated murder does not contain one or more	1792
specifications of aggravating circumstances listed in division (A)	1793
of section 2929.04 of the Revised Code or if the indictment or	1794
count in the indictment charging aggravated rape, aggravated rape	1795
of a child, aggravated sexual battery, aggravated sexual battery	1796
of a child, or aggravated unlawful sexual conduct with a minor	1797
does not contain one or more specifications of aggravating	1798
circumstances listed in division (C) of that section, then,	1799
following a verdict of guilty of the charge of ~~aggravated murder~~	1800
that offense, the trial court shall impose sentence on the	1801
offender as follows:	1802

(1) Except as provided in division (A)(2) of this section,	1803
the trial court shall impose one of the following sentences on the	1804
offender:	1805

(a) Life imprisonment without parole;

1806

(b) Subject to division (A)(1)(e) of this section, life	1807
imprisonment with parole eligibility after serving twenty years of	1808
imprisonment;	1809

(c) Subject to division (A)(1)(e) of this section, life	1810
imprisonment with parole eligibility after serving twenty-five	1811
full years of imprisonment;	1812

(d) Subject to division (A)(1)(e) of this section, life	1813
imprisonment with parole eligibility after serving thirty full	1814
years of imprisonment;	1815

(e) If the offense is aggravated murder, the victim of the	1816
aggravated murder was less than thirteen years of age, the	1817
offender also is convicted of or pleads guilty to a sexual	1818
motivation specification that was included in the indictment,	1819
count in the indictment, or information charging the offense, and	1820
the trial court does not impose a sentence of life imprisonment	1821
without parole on the offender pursuant to division (A)(1)(a) of	1822
this section, the trial court shall sentence the offender pursuant	1823
to division (B)(3) of section 2971.03 of the Revised Code to an	1824
indefinite term consisting of a minimum term of thirty years and a	1825
maximum term of life imprisonment that shall be served pursuant to	1826
that section.	1827

(2) If the offense is aggravated murder and the offender also	1828
is convicted of or pleads guilty to a sexual motivation	1829
specification and a sexually violent predator specification that	1830
~~are~~were included in the indictment, count in the indictment, or	1831
information that charged the aggravated murder or if the offense	1832
is aggravated rape, aggravated rape of a child, aggravated sexual	1833
battery, aggravated sexual battery of a child, or aggravated	1834
unlawful sexual conduct with a minor and the offender also is	1835
convicted of or pleads guilty to a sexually violent predator	1836
specification that was included in the indictment, count in the	1837
indictment, or information that charged the offense, the trial	1838
court shall impose upon the offender a sentence of life	1839
imprisonment without parole that shall be served pursuant to	1840
section 2971.03 of the Revised Code.	1841

(B) If the indictment or count in the indictment charging	1842
aggravated murder contains one or more specifications of	1843
aggravating circumstances listed in division (A) of section	1844
2929.04 of the Revised Code or if the indictment or count in the	1845
indictment charging aggravated rape, aggravated rape of a child,	1846
aggravated sexual battery, aggravated sexual battery of a child,	1847
or aggravated unlawful sexual conduct with a minor contains one or	1848
more specifications of aggravating circumstances listed in	1849
division (C) of that section, the verdict shall separately state	1850
whether the accused is found guilty or not guilty of the principal	1851
charge and, if guilty of the principal charge, whether the	1852
offender was eighteen years of age or older at the time of the	1853
commission of the offense, if the matter of age was raised by the	1854
offender pursuant to section 2929.023 of the Revised Code, and	1855
whether the offender is guilty or not guilty of each	1856
specification. The jury shall be instructed on its duties in this	1857
regard. The instruction to the jury shall include an instruction	1858
that a specification shall be proved beyond a reasonable doubt in	1859
order to support a guilty verdict on the specification, but the	1860
instruction shall not mention the penalty that may be the	1861
consequence of a guilty or not guilty verdict on any charge or	1862
specification.	1863

(C)(1) If the indictment or count in the indictment charging	1864
aggravated murder contains one or more specifications of	1865
aggravating circumstances listed in division (A) of section	1866
2929.04 of the Revised Code or if the indictment or count in the	1867
indictment charging aggravated rape, aggravated rape of a child,	1868
aggravated sexual battery, aggravated sexual battery of a child,	1869
or aggravated unlawful sexual conduct with a minor contains one or	1870
more specifications of aggravating circumstances listed in	1871
division (C) of that section, then, following a verdict of guilty	1872
of the charge but not guilty of each of the specifications, and	1873
regardless of whether the offender raised the matter of age	1874
pursuant to section 2929.023 of the Revised Code, the trial court	1875
shall impose sentence on the offender as follows:	1876

(a) Except as provided in division (C)(1)(b) of this section,	1877
the trial court shall impose one of the following sentences on the	1878
offender:	1879

(i) Life imprisonment without parole;

1880

(ii) Subject to division (C)(1)(a)(v) of this section, life	1881
imprisonment with parole eligibility after serving twenty years of	1882
imprisonment;	1883

(iii) Subject to division (C)(1)(a)(v) of this section, life	1884
imprisonment with parole eligibility after serving twenty-five	1885
full years of imprisonment;	1886

(iv) Subject to division (C)(1)(a)(v) of this section, life	1887
imprisonment with parole eligibility after serving thirty full	1888
years of imprisonment;	1889

(v) If the offense is aggravated murder, the victim of the	1890
aggravated murder was less than thirteen years of age, the	1891
offender also is convicted of or pleads guilty to a sexual	1892
motivation specification that was included in the indictment,	1893
count in the indictment, or information charging the offense, and	1894
the trial court does not impose a sentence of life imprisonment	1895
without parole on the offender pursuant to division (C)(1)(a)(i)	1896
of this section, the trial court shall sentence the offender	1897
pursuant to division (B)(3) of section 2971.03 of the Revised Code	1898
to an indefinite term consisting of a minimum term of thirty years	1899
and a maximum term of life imprisonment.	1900

(b) If the offense is aggravated murder and the offender also	1901
is convicted of or pleads guilty to a sexual motivation	1902
specification and a sexually violent predator specification that	1903
~~are~~were included in the indictment, count in the indictment, or	1904
information that charged the aggravated murder or if the offense	1905
is aggravated rape, aggravated rape of a child, aggravated sexual	1906
battery, aggravated sexual battery of a child, or aggravated	1907
unlawful sexual conduct with a minor and the offender also is	1908
convicted of or pleads guilty to a sexually violent predator	1909
specification that was included in the indictment, count in the	1910
indictment, or information that charged the offense, the trial	1911
court shall impose upon the offender a sentence of life	1912
imprisonment without parole that shall be served pursuant to	1913
section 2971.03 of the Revised Code.	1914

(2)(a) If the indictment or count in the indictment charging	1915
aggravated murder contains one or more specifications of	1916
aggravating circumstances listed in division (A) of section	1917
2929.04 of the Revised Code or if the indictment or count in the	1918
indictment charging aggravated rape, aggravated rape of a child,	1919
aggravated sexual battery, aggravated sexual battery of a child,	1920
or aggravated unlawful sexual conduct with a minor contains one or	1921
more specifications of aggravating circumstances listed in	1922
division (C) of that section, and if in any such case the offender	1923
is found guilty of both the charge and one or more of the	1924
specifications, the penalty to be imposed on the offender shall be	1925
one of the following:	1926

(i) Except as provided in division (C)(2)(a)(ii) or (iii) of	1927
this section, the penalty to be imposed on the offender shall be	1928
death, life imprisonment without parole, life imprisonment with	1929
parole eligibility after serving twenty-five full years of	1930
imprisonment, or life imprisonment with parole eligibility after	1931
serving thirty full years of imprisonment.	1932

(ii) Except as provided in division (C)(2)(a)(iii) of this	1933
section, if the offense is aggravated murder, the victim of the	1934
aggravated murder was less than thirteen years of age, the	1935
offender also is convicted of or pleads guilty to a sexual	1936
motivation specification that was included in the indictment,	1937
count in the indictment, or information charging the offense, and	1938
the trial court does not impose a sentence of death or life	1939
imprisonment without parole on the offender pursuant to division	1940
(C)(2)(a)(i) of this section, the penalty to be imposed on the	1941
offender shall be an indefinite term consisting of a minimum term	1942
of thirty years and a maximum term of life imprisonment that shall	1943
be imposed pursuant to division (B)(3) of section 2971.03 of the	1944
Revised Code and served pursuant to that section.	1945

(iii) If the offense is aggravated murder and the offender	1946
also is convicted of or pleads guilty to a sexual motivation	1947
specification and a sexually violent predator specification that	1948
~~are~~were included in the indictment, count in the indictment, or	1949
information that charged the aggravated murder or if the offense	1950
is aggravated rape, aggravated rape of a child, aggravated sexual	1951
battery, aggravated sexual battery of a child, or aggravated	1952
unlawful sexual conduct with a minor and the offender also is	1953
convicted of or pleads guilty to a sexually violent predator	1954
specification that was included in the indictment, count in the	1955
indictment, or information that charged the offense, the penalty	1956
to be imposed on the offender shall be death or life imprisonment	1957
without parole that shall be served pursuant to section 2971.03 of	1958
the Revised Code.	1959

(b) A penalty imposed pursuant to division (C)(2)(a)(i),	1960
(ii), or (iii) of this section shall be determined pursuant to	1961
divisions (D) and (E) of this section and shall be determined by	1962
one of the following:	1963

(i) By the panel of three judges that tried the offender upon	1964
the offender's waiver of the right to trial by jury;	1965

(ii) By the trial jury and the trial judge, if the offender	1966
was tried by jury.	1967

(D)(1) Death may not be imposed as a penalty for aggravated	1968
murder, aggravated rape, aggravated rape of a child, aggravated	1969
sexual battery, aggravated sexual battery of a child, or	1970
aggravated unlawful sexual conduct with a minor if the offender	1971
raised the matter of age at trial pursuant to section 2929.023 of	1972
the Revised Code and was not found at trial to have been eighteen	1973
years of age or older at the time of the commission of the	1974
offense. When death may be imposed as a penalty for aggravated	1975
murder, aggravated rape, aggravated rape of a child, aggravated	1976
sexual battery, aggravated sexual battery of a child, or	1977
aggravated unlawful sexual conduct with a minor, the court shall	1978
proceed under this division. When death may be imposed as a	1979
penalty, the court, upon the request of the defendant, shall	1980
require a pre-sentence investigation to be made and, upon the	1981
request of the defendant, shall require a mental examination to be	1982
made, and shall require reports of the investigation and of any	1983
mental examination submitted to the court, pursuant to section	1984
2947.06 of the Revised Code. No statement made or information	1985
provided by a defendant in a mental examination or proceeding	1986
conducted pursuant to this division shall be disclosed to any	1987
person, except as provided in this division, or be used in	1988
evidence against the defendant on the issue of guilt in any	1989
retrial. A pre-sentence investigation or mental examination shall	1990
not be made except upon request of the defendant. Copies of any	1991
reports prepared under this division shall be furnished to the	1992
court, to the trial jury if the offender was tried by a jury, to	1993
the prosecutor, and to the offender or the offender's counsel for	1994
use under this division. The court, and the trial jury if the	1995
offender was tried by a jury, shall consider any report prepared	1996
pursuant to this division and furnished to it and any evidence	1997
raised at trial that is relevant to the aggravating circumstances	1998
the offender was found guilty of committing or to any factors in	1999
mitigation of the imposition of the sentence of death, shall hear	2000
testimony and other evidence that is relevant to the nature and	2001
circumstances of the aggravating circumstances the offender was	2002
found guilty of committing, the mitigating factors set forth in	2003
division (B) or (D) of section 2929.04 of the Revised Code,	2004
whichever is applicable, and any other factors in mitigation of	2005
the imposition of the sentence of death, and shall hear the	2006
statement, if any, of the offender, and the arguments, if any, of	2007
counsel for the defense and prosecution, that are relevant to the	2008
penalty that should be imposed on the offender. The defendant	2009
shall be given great latitude in the presentation of evidence of	2010
the mitigating factors set forth in division (B) or (D) of section	2011
2929.04 of the Revised Code, whichever is applicable, and of any	2012
other factors in mitigation of the imposition of the sentence of	2013
death. If the offender chooses to make a statement, the offender	2014
is subject to cross-examination only if the offender consents to	2015
make the statement under oath or affirmation.	2016

The defendant shall have the burden of going forward with the	2017
evidence of any factors in mitigation of the imposition of the	2018
sentence of death. The prosecution shall have the burden of	2019
proving, by proof beyond a reasonable doubt, that the aggravating	2020
circumstances the defendant was found guilty of committing are	2021
sufficient to outweigh the factors in mitigation of the imposition	2022
of the sentence of death.	2023

(2)(a) Upon consideration of the relevant evidence raised at	2024
trial, the testimony, other evidence, statement of the offender,	2025
arguments of counsel, and, if applicable, the reports submitted	2026
pursuant to division (D)(1) of this section, the trial jury, if	2027
the offender was tried by a jury, shall determine whether the	2028
aggravating circumstances the offender was found guilty of	2029
committing are sufficient to outweigh the mitigating factors	2030
present in the case. If the trial jury unanimously finds, by proof	2031
beyond a reasonable doubt, that the aggravating circumstances the	2032
offender was found guilty of committing outweigh the mitigating	2033
factors, the trial jury shall recommend to the court that the	2034
sentence of death be imposed on the offender. Absent such a	2035
finding, the jury shall recommend that the offender be sentenced	2036
to one of the following:	2037

~~(a)~~(i) Except as provided in division (D)(2)~~(b)~~(a)(ii) or	2038
~~(c)~~(iii) of this section, to life imprisonment without parole,	2039
life imprisonment with parole eligibility after serving	2040
twenty-five full years of imprisonment, or life imprisonment with	2041
parole eligibility after serving thirty full years of	2042
imprisonment;	2043

~~(b)~~(ii) Except as provided in division (D)(2)~~(c)~~(a)(iii) of	2044
this section, if the offense is aggravated murder, the victim of	2045
the aggravated murder was less than thirteen years of age, the	2046
offender also is convicted of or pleads guilty to a sexual	2047
motivation specification that was included in the indictment,	2048
count in the indictment, or information charging the offense, and	2049
the jury does not recommend a sentence of life imprisonment	2050
without parole pursuant to division (D)(2)(a)(i) of this section,	2051
to an indefinite term consisting of a minimum term of thirty years	2052
and a maximum term of life imprisonment to be imposed pursuant to	2053
division (B)(3) of section 2971.03 of the Revised Code and served	2054
pursuant to that section.	2055

~~(c)~~(iii) If the offense is aggravated murder and the offender	2056
also is convicted of or pleads guilty to a sexual motivation	2057
specification and a sexually violent predator specification that	2058
~~are~~were included in the indictment, count in the indictment, or	2059
information that charged the aggravated murder or if the offense	2060
is aggravated rape, aggravated rape of a child, aggravated sexual	2061
battery, aggravated sexual battery of a child, or aggravated	2062
unlawful sexual conduct with a minor and the offender also is	2063
convicted of or pleads guilty to a sexually violent predator	2064
specification that was included in the indictment, count in the	2065
indictment, or information that charged the offense, to life	2066
imprisonment without parole.	2067

(b) If the trial jury recommends pursuant to division	2068
(D)(2)(a) of this section that the offender be sentenced to life	2069
imprisonment without parole, life imprisonment with parole	2070
eligibility after serving twenty-five full years of imprisonment,	2071
life imprisonment with parole eligibility after serving thirty	2072
full years of imprisonment, or an indefinite term consisting of a	2073
minimum term of thirty years and a maximum term of life	2074
imprisonment to be imposed pursuant to division (B)(3) of section	2075
2971.03 of the Revised Code, the court shall impose the sentence	2076
recommended by the jury upon the offender. If the sentence is an	2077
indefinite term consisting of a minimum term of thirty years and a	2078
maximum term of life imprisonment imposed as described in division	2079
(D)(2)~~(b)~~(a)(ii) of this section or a sentence of life	2080
imprisonment without parole imposed under division	2081
(D)(2)~~(c)~~(a)(iii) of this section, the sentence shall be served	2082
pursuant to section 2971.03 of the Revised Code. If the trial jury	2083
recommends pursuant to division (D)(2)(a) of this section that the	2084
sentence of death be imposed upon the offender, the court shall	2085
proceed to impose sentence pursuant to division (D)(3) of this	2086
section.	2087

(3) Upon consideration of the relevant evidence raised at	2088
trial, the testimony, other evidence, statement of the offender,	2089
arguments of counsel, and, if applicable, the reports submitted to	2090
the court pursuant to division (D)(1) of this section, if, after	2091
receiving pursuant to division (D)(2) of this section the trial	2092
jury's recommendation that the sentence of death be imposed, the	2093
court finds, by proof beyond a reasonable doubt, or if the panel	2094
of three judges unanimously finds, by proof beyond a reasonable	2095
doubt, that the aggravating circumstances the offender was found	2096
guilty of committing outweigh the mitigating factors, it shall	2097
impose sentence of death on the offender. Absent such a finding by	2098
the court or panel, the court or the panel shall impose one of the	2099
following sentences on the offender:	2100

(a) Except as provided in division (D)(3)(b) of this section,	2101
one of the following:	2102

(i) Life imprisonment without parole;

2103

(ii) Subject to division (D)(3)(a)(iv) of this section, life	2104
imprisonment with parole eligibility after serving twenty-five	2105
full years of imprisonment;	2106

(iii) Subject to division (D)(3)(a)(iv) of this section, life	2107
imprisonment with parole eligibility after serving thirty full	2108
years of imprisonment;	2109

(iv) If the offense is aggravated murder, the victim of the	2110
aggravated murder was less than thirteen years of age, the	2111
offender also is convicted of or pleads guilty to a sexual	2112
motivation specification that was included in the indictment,	2113
count in the indictment, or information charging the offense, and	2114
the trial court does not impose a sentence of life imprisonment	2115
without parole on the offender pursuant to division (D)(3)(a)(i)	2116
of this section, the court or panel shall sentence the offender	2117
pursuant to division (B)(3) of section 2971.03 of the Revised Code	2118
to an indefinite term consisting of a minimum term of thirty years	2119
and a maximum term of life imprisonment.	2120

(b) If the offense is aggravated murder and the offender also	2121
is convicted of or pleads guilty to a sexual motivation	2122
specification and a sexually violent predator specification that	2123
are included in the indictment, count in the indictment, or	2124
information that charged the aggravated murder or if the offense	2125
is aggravated rape, aggravated rape of a child, aggravated sexual	2126
battery, aggravated sexual battery of a child, or aggravated	2127
unlawful sexual conduct with a minor and the offender also is	2128
convicted of or pleads guilty to a sexually violent predator	2129
specification that was included in the indictment, count in the	2130
indictment, or information that charged the offense, life	2131
imprisonment without parole that shall be served pursuant to	2132
section 2971.03 of the Revised Code.	2133

(E) If the offender raised the matter of age at trial	2134
pursuant to section 2929.023 of the Revised Code, was convicted of	2135
aggravated murder and one or more specifications of an aggravating	2136
circumstance listed in division (A) of section 2929.04 of the	2137
Revised Code or of aggravated rape, aggravated rape of a child,	2138
aggravated sexual battery, aggravated sexual battery of a child,	2139
or aggravated unlawful sexual conduct with a minor and one or more	2140
specifications of an aggravating circumstance listed in division	2141
(C) of that section, and was not found at trial to have been	2142
eighteen years of age or older at the time of the commission of	2143
the offense, the court or the panel of three judges shall not	2144
impose a sentence of death on the offender. Instead, the court or	2145
panel shall impose one of the following sentences on the offender:	2146

(1) Except as provided in division (E)(2) of this section,	2147
one of the following:	2148

(a) Life imprisonment without parole;

2149

(b) Subject to division (E)(2)(d) of this section, life	2150
imprisonment with parole eligibility after serving twenty-five	2151
full years of imprisonment;	2152

(c) Subject to division (E)(2)(d) of this section, life	2153
imprisonment with parole eligibility after serving thirty full	2154
years of imprisonment;	2155

(d) If the offense is aggravated murder, the victim of the	2156
aggravated murder was less than thirteen years of age, the	2157
offender also is convicted of or pleads guilty to a sexual	2158
motivation specification that was included in the indictment,	2159
count in the indictment, or information charging the offense, and	2160
the trial court does not impose a sentence of life imprisonment	2161
without parole on the offender pursuant to division (E)(2)(a) of	2162
this section, the court or panel shall sentence the offender	2163
pursuant to division (B)(3) of section 2971.03 of the Revised Code	2164
to an indefinite term consisting of a minimum term of thirty years	2165
and a maximum term of life imprisonment.	2166

(2) If the offense is aggravated murder and the offender also	2167
is convicted of or pleads guilty to a sexual motivation	2168
specification and a sexually violent predator specification that	2169
~~are~~were included in the indictment, count in the indictment, or	2170
information that charged the aggravated murder or if the offense	2171
is aggravated rape, aggravated rape of a child, aggravated sexual	2172
battery, aggravated sexual battery of a child, or aggravated	2173
unlawful sexual conduct with a minor and the offender also is	2174
convicted of or pleads guilty to a sexually violent predator	2175
specification that was included in the indictment, count in the	2176
indictment, or information that charged the offense, life	2177
imprisonment without parole that shall be served pursuant to	2178
section 2971.03 of the Revised Code.	2179

(F) The court or the panel of three judges, when it imposes a	2180
sentence of death, shall state in a separate opinion its specific	2181
findings as to the existence of any of the mitigating factors set	2182
forth in division (B) or (D) of section 2929.04 of the Revised	2183
Code, whichever is applicable, the existence of any other	2184
mitigating factors, the aggravating circumstances the offender was	2185
found guilty of committing, and the reasons why the aggravating	2186
circumstances the offender was found guilty of committing were	2187
sufficient to outweigh the mitigating factors. The court or panel,	2188
when it imposes life imprisonment or an indefinite term consisting	2189
of a minimum term of thirty years and a maximum term of life	2190
imprisonment under division (D) of this section, shall state in a	2191
separate opinion its specific findings of which of the mitigating	2192
factors set forth in division (B) or (D) of section 2929.04 of the	2193
Revised Code, whichever is applicable, it found to exist, what	2194
other mitigating factors it found to exist, what aggravating	2195
circumstances the offender was found guilty of committing, and why	2196
it could not find that these aggravating circumstances were	2197
sufficient to outweigh the mitigating factors. For cases in which	2198
a sentence of death is imposed for an offense committed before	2199
January 1, 1995, the court or panel shall file the opinion	2200
required to be prepared by this division with the clerk of the	2201
appropriate court of appeals and with the clerk of the supreme	2202
court within fifteen days after the court or panel imposes	2203
sentence. For cases in which a sentence of death is imposed for an	2204
offense committed on or after January 1, 1995, the court or panel	2205
shall file the opinion required to be prepared by this division	2206
with the clerk of the supreme court within fifteen days after the	2207
court or panel imposes sentence. The judgment in a case in which a	2208
sentencing hearing is held pursuant to this section is not final	2209
until the opinion is filed.	2210

(G)(1) Whenever the court or a panel of three judges imposes	2211
a sentence of death for an offense committed before January 1,	2212
1995, the clerk of the court in which the judgment is rendered	2213
shall deliver the entire record in the case to the appellate	2214
court.	2215

(2) Whenever the court or a panel of three judges imposes a	2216
sentence of death for an offense committed on or after January 1,	2217
1995, the clerk of the court in which the judgment is rendered	2218
shall deliver the entire record in the case to the supreme court.	2219

Sec. 2929.04. (A) Imposition of the death penalty for	2220
aggravated murder is precluded unless one or more of the following	2221
is specified in the indictment or count in the indictment pursuant	2222
to section 2941.14 of the Revised Code and proved beyond a	2223
reasonable doubt:	2224

(1) The offense was the assassination of the president of the	2225
United States or a person in line of succession to the presidency,	2226
the governor or lieutenant governor of this state, the	2227
president-elect or vice president-elect of the United States, the	2228
governor-elect or lieutenant governor-elect of this state, or a	2229
candidate for any of the offices described in this division. For	2230
purposes of this division, a person is a candidate if the person	2231
has been nominated for election according to law, if the person	2232
has filed a petition or petitions according to law to have the	2233
person's name placed on the ballot in a primary or general	2234
election, or if the person campaigns as a write-in candidate in a	2235
primary or general election.	2236

(2) The offense was committed for hire.

2237

(3) The offense was committed for the purpose of escaping	2238
detection, apprehension, trial, or punishment for another offense	2239
committed by the offender.	2240

(4) The offense was committed while the offender was under	2241
detention or while the offender was at large after having broken	2242
detention. As used in division (A)(4) of this section, "detention"	2243
has the same meaning as in section 2921.01 of the Revised Code,	2244
except that detention does not include hospitalization,	2245
institutionalization, or confinement in a mental health facility	2246
or mental retardation and developmentally disabled facility unless	2247
at the time of the commission of the offense either of the	2248
following circumstances apply:	2249

(a) The offender was in the facility as a result of being	2250
charged with a violation of a section of the Revised Code.	2251

(b) The offender was under detention as a result of being	2252
convicted of or pleading guilty to a violation of a section of the	2253
Revised Code.	2254

(5) Prior to the offense at bar, the offender was convicted	2255
of an offense an essential element of which was the purposeful	2256
killing of or attempt to kill another, or the offense at bar was	2257
part of a course of conduct involving the purposeful killing of or	2258
attempt to kill two or more persons by the offender.	2259

(6) The victim of the offense was a law enforcement officer,	2260
as defined in section 2911.01 of the Revised Code, whom the	2261
offender had reasonable cause to know or knew to be a law	2262
enforcement officer as so defined, and either the victim, at the	2263
time of the commission of the offense, was engaged in the victim's	2264
duties, or it was the offender's specific purpose to kill a law	2265
enforcement officer as so defined.	2266

(7) The offense was committed while the offender was	2267
committing, attempting to commit, or fleeing immediately after	2268
committing or attempting to commit kidnapping, rape, aggravated	2269
rape, aggravated rape of a child, aggravated arson, aggravated	2270
robbery, or aggravated burglary, and either the offender was the	2271
principal offender in the commission of the aggravated murder or,	2272
if not the principal offender, committed the aggravated murder	2273
with prior calculation and design.	2274

(8) The victim of the aggravated murder was a witness to an	2275
offense who was purposely killed to prevent the victim's testimony	2276
in any criminal proceeding and the aggravated murder was not	2277
committed during the commission, attempted commission, or flight	2278
immediately after the commission or attempted commission of the	2279
offense to which the victim was a witness, or the victim of the	2280
aggravated murder was a witness to an offense and was purposely	2281
killed in retaliation for the victim's testimony in any criminal	2282
proceeding.	2283

(9) The offender, in the commission of the offense,	2284
purposefully caused the death of another who was under thirteen	2285
years of age at the time of the commission of the offense, and	2286
either the offender was the principal offender in the commission	2287
of the offense or, if not the principal offender, committed the	2288
offense with prior calculation and design.	2289

(10) The offense was committed while the offender was	2290
committing, attempting to commit, or fleeing immediately after	2291
committing or attempting to commit terrorism.	2292

(B) If one or more of the aggravating circumstances listed in	2293
division (A) of this section is specified in the indictment or	2294
count in the indictment and proved beyond a reasonable doubt, and	2295
if the offender did not raise the matter of age pursuant to	2296
section 2929.023 of the Revised Code or if the offender, after	2297
raising the matter of age, was found at trial to have been	2298
eighteen years of age or older at the time of the commission of	2299
the offense, the court, trial jury, or panel of three judges shall	2300
consider, and weigh against the aggravating circumstances proved	2301
beyond a reasonable doubt, the nature and circumstances of the	2302
offense, the history, character, and background of the offender,	2303
and all of the following factors:	2304

(1) Whether the victim of the offense induced or facilitated	2305
it;	2306

(2) Whether it is unlikely that the offense would have been	2307
committed, but for the fact that the offender was under duress,	2308
coercion, or strong provocation;	2309

(3) Whether, at the time of committing the offense, the	2310
offender, because of a mental disease or defect, lacked	2311
substantial capacity to appreciate the criminality of the	2312
offender's conduct or to conform the offender's conduct to the	2313
requirements of the law;	2314

(4) The youth of the offender;

2315

(5) The offender's lack of a significant history of prior	2316
criminal convictions and delinquency adjudications;	2317

(6) If the offender was a participant in the offense but not	2318
the principal offender, the degree of the offender's participation	2319
in the offense and the degree of the offender's participation in	2320
the acts that led to the death of the victim;	2321

(7) Any other factors that are relevant to the issue of	2322
whether the offender should be sentenced to death.	2323

(C) Imposition of the death penalty for aggravated rape,	2324
aggravated rape of a child, aggravated sexual battery, aggravated	2325
sexual battery of a child, or aggravated unlawful sexual conduct	2326
with a minor is precluded unless one or more of the following is	2327
specified in the indictment or count in the indictment pursuant to	2328
section 2941.14 of the Revised Code and proved beyond a reasonable	2329
doubt:	2330

(1) The victim resisted the offender's act, but the victim's	2331
resistance was overcome by force.	2332

(2) The victim was prevented from resisting the offender's	2333
act because the offender was armed with a dangerous weapon.	2334

(3) The victim was prevented from resisting the offender's	2335
act by threats of causing immediate serious physical harm,	2336
accompanied by an apparent ability of the offender to inflict that	2337
immediate serious physical harm.	2338

(4) The victim's ability to resist the act was substantially	2339
impaired because of a mental or physical condition.	2340

(5) The offender previously was convicted of or pleaded	2341
guilty to a violation of section 2903.01 or 2903.02 of the Revised	2342
Code.	2343

(6) The offender committed the crime on the person's own	2344
behalf or on behalf of another for the purpose of receiving any	2345
money or other thing of value.	2346

(7) The offender caused or directed another to commit the	2347
offense or committed the offense as an agent or employee of	2348
another.	2349

(8) The offender committed the offense against two or more	2350
persons as a single act, pursuant to a single scheme, or as part	2351
of a course of conduct.	2352

(9) The offense was committed while the offender was	2353
committing or attempting to commit a violation of section 2905.01,	2354
2905.32, 2911.11, or 2911.12 of the Revised Code or a violation of	2355
a municipal ordinance that is substantially equivalent to any of	2356
those sections.	2357

(D) If one or more of the aggravating circumstances listed in	2358
division (C) of this section is specified in the indictment or	2359
count in the indictment and proved beyond a reasonable doubt and	2360
if the offender did not raise the matter of age pursuant to	2361
section 2929.023 of the Revised Code or if the offender, after	2362
raising the matter of age, was found at trial to have been	2363
eighteen years of age or older at the time of the commission of	2364
the offense, the court, trial jury, or panel of three judges shall	2365
consider, and weigh against the aggravating circumstances proved	2366
beyond a reasonable doubt, the nature and circumstances of the	2367
offense, the history, character, and background of the offender,	2368
and all of the following factors:	2369

(1) The factors listed in divisions (B)(2), (3), (4), and (5)	2370
of this section;	2371

(2) Whether the offender committed the offense while under	2372
the influence of mental or emotional disturbance;	2373

(3) If the offender was a participant in the offense but not	2374
the principal offender, the degree of the offender's participation	2375
in the offense and the degree of the offender's participation in	2376
the acts that led to the sexual conduct with the victim;	2377

(4) The age or mentality of the offender at the time of the	2378
offense.	2379

(E) The defendant shall be given great latitude in the	2380
presentation of evidence of the factors listed in division (B) or	2381
(D) of this section and of any other factors in mitigation of the	2382
imposition of the sentence of death.	2383

The existence of any of the mitigating factors listed in	2384
division (B) or (D) of this section does not preclude the	2385
imposition of a sentence of death on the offender but shall be	2386
weighed pursuant to divisions (D)(2) and (3) of section 2929.03 of	2387
the Revised Code by the trial court, trial jury, or the panel of	2388
three judges against the aggravating circumstances the offender	2389
was found guilty of committing.	2390

Sec. 2929.05. (A) Whenever sentence of death is imposed	2391
pursuant to sections 2929.03 and 2929.04 of the Revised Code, the	2392
court of appeals, in a case in which a sentence of death was	2393
imposed for an offense committed before January 1, 1995, and the	2394
supreme court shall review upon appeal the sentence of death at	2395
the same time that they review the other issues in the case. The	2396
court of appeals and the supreme court shall review the judgment	2397
in the case and the sentence of death imposed by the court or	2398
panel of three judges in the same manner that they review other	2399
criminal cases, except that they shall review and independently	2400
weigh all of the facts and other evidence disclosed in the record	2401
in the case and consider the offense and the offender to determine	2402
whether the aggravating circumstances the offender was found	2403
guilty of committing outweigh the mitigating factors in the case,	2404
and whether the sentence of death is appropriate. In determining	2405
whether the sentence of death is appropriate, the court of	2406
appeals, in a case in which a sentence of death was imposed for an	2407
offense committed before January 1, 1995, and the supreme court	2408
shall consider whether the sentence is excessive or	2409
disproportionate to the penalty imposed in similar cases. They	2410
also shall review all of the facts and other evidence to determine	2411
if the evidence supports the finding of the aggravating	2412
circumstances the trial jury or the panel of three judges found	2413
the offender guilty of committing, and shall determine whether the	2414
sentencing court properly weighed the aggravating circumstances	2415
the offender was found guilty of committing and the mitigating	2416
factors. The court of appeals, in a case in which a sentence of	2417
death was imposed for an offense committed before January 1, 1995,	2418
or the supreme court shall affirm a sentence of death only if the	2419
particular court is persuaded from the record that the aggravating	2420
circumstances the offender was found guilty of committing outweigh	2421
the mitigating factors present in the case and that the sentence	2422
of death is the appropriate sentence in the case.	2423

A court of appeals that reviews a case in which the sentence	2424
of death is imposed for an offense committed before January 1,	2425
1995, shall file a separate opinion as to its findings in the case	2426
with the clerk of the supreme court. The opinion shall be filed	2427
within fifteen days after the court issues its opinion and shall	2428
contain whatever information is required by the clerk of the	2429
supreme court.	2430

(B) The court of appeals, in a case in which a sentence of	2431
death was imposed for an offense committed before January 1, 1995,	2432
and the supreme court shall give priority over all other cases to	2433
the review of judgments in which the sentence of death is imposed	2434
and, except as otherwise provided in this section, shall conduct	2435
the review in accordance with the Rules of Appellate Procedure.	2436

(C) At any time after a sentence of death is imposed pursuant	2437
to section 2929.022 or 2929.03 of the Revised Code, the court of	2438
common pleas that sentenced the offender shall vacate the sentence	2439
if the offender did not present evidence at trial that the	2440
offender was not eighteen years of age or older at the time of the	2441
commission of the aggravated murder, aggravated rape, aggravated	2442
rape of a child, aggravated sexual battery, aggravated sexual	2443
battery of a child, or aggravated unlawful sexual conduct with a	2444
minor for which the offender was sentenced and if the offender	2445
shows by a preponderance of the evidence that the offender was	2446
less than eighteen years of age at the time of the commission of	2447
~~the aggravated murder for which the offender was sentenced~~that	2448
offense. The court is not required to hold a hearing on a motion	2449
filed pursuant to this division unless the court finds, based on	2450
the motion and any supporting information submitted by the	2451
defendant, any information submitted by the prosecuting attorney,	2452
and the record in the case, including any previous hearings and	2453
orders, probable cause to believe that the defendant was not	2454
eighteen years of age or older at the time of the commission of	2455
the aggravated murder, aggravated rape, aggravated rape of a	2456
child, aggravated sexual battery, aggravated sexual battery of a	2457
child, or aggravated unlawful sexual conduct with a minor for	2458
which the defendant was sentenced to death.	2459

Sec. 2929.06. (A) If a sentence of death imposed upon an	2460
offender is set aside, nullified, or vacated because the court of	2461
appeals, in a case in which a sentence of death was imposed for an	2462
offense committed before January 1, 1995, or the supreme court, in	2463
cases in which the supreme court reviews the sentence upon appeal,	2464
could not affirm the sentence of death under the standards imposed	2465
by section 2929.05 of the Revised Code, is set aside, nullified,	2466
or vacated for the sole reason that the statutory procedure for	2467
imposing the sentence of death that is set forth in sections	2468
2929.03 and 2929.04 of the Revised Code is unconstitutional, is	2469
set aside, nullified, or vacated pursuant to division (C) of	2470
section 2929.05 of the Revised Code, or is set aside, nullified,	2471
or vacated because a court has determined that the offender is	2472
mentally retarded under standards set forth in decisions of the	2473
supreme court of this state or the United States supreme court,	2474
the trial court that sentenced the offender shall conduct a	2475
hearing to resentence the offender. At the resentencing hearing,	2476
the court shall impose upon the offender a sentence of life	2477
imprisonment or an indefinite term consisting of a minimum term of	2478
thirty years and a maximum term of life imprisonment that is	2479
determined as specified in this division. If the sentence of death	2480
was imposed for an aggravated murder and division (D) of section	2481
2929.03 of the Revised Code, at the time the offender committed	2482
the aggravated murder for which the sentence of death was imposed,	2483
required the imposition when a sentence of death was not imposed	2484
of a sentence of life imprisonment without parole or a sentence of	2485
an indefinite term consisting of a minimum term of thirty years	2486
and a maximum term of life imprisonment to be imposed pursuant to	2487
division (A) or (B)(3) of section 2971.03 of the Revised Code and	2488
served pursuant to that section, the court shall impose the	2489
sentence so required. In all other cases, the sentences of life	2490
imprisonment that are available at the hearing, and from which the	2491
court shall impose sentence, shall be the same sentences of life	2492
imprisonment that were available under division (D) of section	2493
2929.03 or under section 2909.24 of the Revised Code at the time	2494
the offender committed the offense for which the sentence of death	2495
was imposed. Nothing in this division regarding the resentencing	2496
of an offender shall affect the operation of section 2971.03 of	2497
the Revised Code.	2498

(B) Whenever any court of this state or any federal court	2499
sets aside, nullifies, or vacates a sentence of death imposed upon	2500
an offender because of error that occurred in the sentencing phase	2501
of the trial and if division (A) of this section does not apply,	2502
the trial court that sentenced the offender shall conduct a new	2503
hearing to resentence the offender. If the offender was tried by a	2504
jury, the trial court shall impanel a new jury for the hearing. If	2505
the offender was tried by a panel of three judges, that panel or,	2506
if necessary, a new panel of three judges shall conduct the	2507
hearing. At the hearing, the court or panel shall follow the	2508
procedure set forth in division (D) of section 2929.03 of the	2509
Revised Code in determining whether to impose upon the offender a	2510
sentence of death, a sentence of life imprisonment, or an	2511
indefinite term consisting of a minimum term of thirty years and a	2512
maximum term of life imprisonment. If, pursuant to that procedure,	2513
the court or panel determines that it will impose a sentence other	2514
than a sentence of death, the court or panel shall impose upon the	2515
offender one of the sentences of life imprisonment that could have	2516
been imposed at the time the offender committed the offense for	2517
which the sentence of death was imposed, determined as specified	2518
in this division, or an indefinite term consisting of a minimum	2519
term of thirty years and a maximum term of life imprisonment that	2520
is determined as specified in this division. If the sentence of	2521
death was imposed for an aggravated murder and division (D) of	2522
section 2929.03 of the Revised Code, at the time the offender	2523
committed the aggravated murder for which the sentence of death	2524
was imposed, required the imposition when a sentence of death was	2525
not imposed of a sentence of life imprisonment without parole or a	2526
sentence of an indefinite term consisting of a minimum term of	2527
thirty years and a maximum term of life imprisonment to be imposed	2528
pursuant to division (A) or (B)(3) of section 2971.03 of the	2529
Revised Code and served pursuant to that section, the court or	2530
panel shall impose the sentence so required. In all other cases,	2531
the sentences of life imprisonment that are available at the	2532
hearing, and from which the court or panel shall impose sentence,	2533
shall be the same sentences of life imprisonment that were	2534
available under division (D) of section 2929.03 or under section	2535
2909.24 of the Revised Code at the time the offender committed the	2536
offense for which the sentence of death was imposed.	2537

(C) If a sentence of life imprisonment without parole imposed	2538
upon an offender pursuant to section 2929.021 or 2929.03 of the	2539
Revised Code is set aside, nullified, or vacated for the sole	2540
reason that the statutory procedure for imposing the sentence of	2541
life imprisonment without parole that is set forth in sections	2542
2929.03 and 2929.04 of the Revised Code is unconstitutional, the	2543
trial court that sentenced the offender shall conduct a hearing to	2544
resentence the offender to life imprisonment with parole	2545
eligibility after serving twenty-five full years of imprisonment	2546
or to life imprisonment with parole eligibility after serving	2547
thirty full years of imprisonment.	2548

(D) Nothing in this section limits or restricts the rights of	2549
the state to appeal any order setting aside, nullifying, or	2550
vacating a conviction or sentence of death, when an appeal of that	2551
nature otherwise would be available.	2552

(E) This section, as amended by H.B. 184 of the 125th general	2553
assembly, shall apply to all offenders who have been sentenced to	2554
death for an aggravated murder that was committed on or after	2555
October 19, 1981, or for terrorism that was committed on or after	2556
May 15, 2002, or for aggravated rape, aggravated rape of a child,	2557
aggravated sexual battery, aggravated sexual battery of a child,	2558
or aggravated unlawful sexual conduct with a minor. This section,	2559
as amended by H.B. 184 of the 125th general assembly, shall apply	2560
equally to all such offenders sentenced to death prior to, on, or	2561
after March 23, 2005, including offenders who, on March 23, 2005,	2562
are challenging their sentence of death and offenders whose	2563
sentence of death has been set aside, nullified, or vacated by any	2564
court of this state or any federal court but who, as of March 23,	2565
2005, have not yet been resentenced.	2566

Sec. 2929.13. (A) Except as provided in division (E), (F),	2567
or (G) of this section and unless a specific sanction is required	2568
to be imposed or is precluded from being imposed pursuant to law,	2569
a court that imposes a sentence upon an offender for a felony may	2570
impose any sanction or combination of sanctions on the offender	2571
that are provided in sections 2929.14 to 2929.18 of the Revised	2572
Code.	2573

If the offender is eligible to be sentenced to community	2574
control sanctions, the court shall consider the appropriateness of	2575
imposing a financial sanction pursuant to section 2929.18 of the	2576
Revised Code or a sanction of community service pursuant to	2577
section 2929.17 of the Revised Code as the sole sanction for the	2578
offense. Except as otherwise provided in this division, if the	2579
court is required to impose a mandatory prison term for the	2580
offense for which sentence is being imposed, the court also shall	2581
impose any financial sanction pursuant to section 2929.18 of the	2582
Revised Code that is required for the offense and may impose any	2583
other financial sanction pursuant to that section but may not	2584
impose any additional sanction or combination of sanctions under	2585
section 2929.16 or 2929.17 of the Revised Code.	2586

If the offender is being sentenced for a fourth degree felony	2587
OVI offense or for a third degree felony OVI offense, in addition	2588
to the mandatory term of local incarceration or the mandatory	2589
prison term required for the offense by division (G)(1) or (2) of	2590
this section, the court shall impose upon the offender a mandatory	2591
fine in accordance with division (B)(3) of section 2929.18 of the	2592
Revised Code and may impose whichever of the following is	2593
applicable:	2594

(1) For a fourth degree felony OVI offense for which sentence	2595
is imposed under division (G)(1) of this section, an additional	2596
community control sanction or combination of community control	2597
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	2598
the court imposes upon the offender a community control sanction	2599
and the offender violates any condition of the community control	2600
sanction, the court may take any action prescribed in division (B)	2601
of section 2929.15 of the Revised Code relative to the offender,	2602
including imposing a prison term on the offender pursuant to that	2603
division.	2604

(2) For a third or fourth degree felony OVI offense for which	2605
sentence is imposed under division (G)(2) of this section, an	2606
additional prison term as described in division (B)(4) of section	2607
2929.14 of the Revised Code or a community control sanction as	2608
described in division (G)(2) of this section.	2609

(B)(1)(a) Except as provided in division (B)(1)(b) of this	2610
section, if an offender is convicted of or pleads guilty to a	2611
felony of the fourth or fifth degree that is not an offense of	2612
violence or that is a qualifying assault offense, the court shall	2613
sentence the offender to a community control sanction of at least	2614
one year's duration if all of the following apply:	2615

(i) The offender previously has not been convicted of or	2616
pleaded guilty to a felony offense.	2617

(ii) The most serious charge against the offender at the time	2618
of sentencing is a felony of the fourth or fifth degree.	2619

(iii) If the court made a request of the department of	2620
rehabilitation and correction pursuant to division (B)(1)(c) of	2621
this section, the department, within the forty-five-day period	2622
specified in that division, provided the court with the names of,	2623
contact information for, and program details of one or more	2624
community control sanctions of at least one year's duration that	2625
are available for persons sentenced by the court.	2626

(iv) The offender previously has not been convicted of or	2627
pleaded guilty to a misdemeanor offense of violence that the	2628
offender committed within two years prior to the offense for which	2629
sentence is being imposed.	2630

(b) The court has discretion to impose a prison term upon an	2631
offender who is convicted of or pleads guilty to a felony of the	2632
fourth or fifth degree that is not an offense of violence or that	2633
is a qualifying assault offense if any of the following apply:	2634

(i) The offender committed the offense while having a firearm	2635
on or about the offender's person or under the offender's control.	2636

(ii) If the offense is a qualifying assault offense, the	2637
offender caused serious physical harm to another person while	2638
committing the offense, and, if the offense is not a qualifying	2639
assault offense, the offender caused physical harm to another	2640
person while committing the offense.	2641

(iii) The offender violated a term of the conditions of bond	2642
as set by the court.	2643

(iv) The court made a request of the department of	2644
rehabilitation and correction pursuant to division (B)(1)(c) of	2645
this section, and the department, within the forty-five-day period	2646
specified in that division, did not provide the court with the	2647
name of, contact information for, and program details of any	2648
community control sanction of at least one year's duration that is	2649
available for persons sentenced by the court.	2650

(v) The offense is a sex offense that is a fourth or fifth	2651
degree felony violation of any provision of Chapter 2907. of the	2652
Revised Code.	2653

(vi) In committing the offense, the offender attempted to	2654
cause or made an actual threat of physical harm to a person with a	2655
deadly weapon.	2656

(vii) In committing the offense, the offender attempted to	2657
cause or made an actual threat of physical harm to a person, and	2658
the offender previously was convicted of an offense that caused	2659
physical harm to a person.	2660

(viii) The offender held a public office or position of	2661
trust, and the offense related to that office or position; the	2662
offender's position obliged the offender to prevent the offense or	2663
to bring those committing it to justice; or the offender's	2664
professional reputation or position facilitated the offense or was	2665
likely to influence the future conduct of others.	2666

(ix) The offender committed the offense for hire or as part	2667
of an organized criminal activity.	2668

(x) The offender at the time of the offense was serving, or	2669
the offender previously had served, a prison term.	2670

(xi) The offender committed the offense while under a	2671
community control sanction, while on probation, or while released	2672
from custody on a bond or personal recognizance.	2673

(c) If a court that is sentencing an offender who is	2674
convicted of or pleads guilty to a felony of the fourth or fifth	2675
degree that is not an offense of violence or that is a qualifying	2676
assault offense believes that no community control sanctions are	2677
available for its use that, if imposed on the offender, will	2678
adequately fulfill the overriding principles and purposes of	2679
sentencing, the court shall contact the department of	2680
rehabilitation and correction and ask the department to provide	2681
the court with the names of, contact information for, and program	2682
details of one or more community control sanctions of at least one	2683
year's duration that are available for persons sentenced by the	2684
court. Not later than forty-five days after receipt of a request	2685
from a court under this division, the department shall provide the	2686
court with the names of, contact information for, and program	2687
details of one or more community control sanctions of at least one	2688
year's duration that are available for persons sentenced by the	2689
court, if any. Upon making a request under this division that	2690
relates to a particular offender, a court shall defer sentencing	2691
of that offender until it receives from the department the names	2692
of, contact information for, and program details of one or more	2693
community control sanctions of at least one year's duration that	2694
are available for persons sentenced by the court or for forty-five	2695
days, whichever is the earlier.	2696

If the department provides the court with the names of,	2697
contact information for, and program details of one or more	2698
community control sanctions of at least one year's duration that	2699
are available for persons sentenced by the court within the	2700
forty-five-day period specified in this division, the court shall	2701
impose upon the offender a community control sanction under	2702
division (B)(1)(a) of this section, except that the court may	2703
impose a prison term under division (B)(1)(b) of this section if a	2704
factor described in division (B)(1)(b)(i) or (ii) of this section	2705
applies. If the department does not provide the court with the	2706
names of, contact information for, and program details of one or	2707
more community control sanctions of at least one year's duration	2708
that are available for persons sentenced by the court within the	2709
forty-five-day period specified in this division, the court may	2710
impose upon the offender a prison term under division	2711
(B)(1)(b)(iv) of this section.	2712

(d) A sentencing court may impose an additional penalty under	2713
division (B) of section 2929.15 of the Revised Code upon an	2714
offender sentenced to a community control sanction under division	2715
(B)(1)(a) of this section if the offender violates the conditions	2716
of the community control sanction, violates a law, or leaves the	2717
state without the permission of the court or the offender's	2718
probation officer.	2719

(2) If division (B)(1) of this section does not apply, except	2720
as provided in division (E), (F), or (G) of this section, in	2721
determining whether to impose a prison term as a sanction for a	2722
felony of the fourth or fifth degree, the sentencing court shall	2723
comply with the purposes and principles of sentencing under	2724
section 2929.11 of the Revised Code and with section 2929.12 of	2725
the Revised Code.	2726

(C) Except as provided in division (D), (E), (F), or (G) of	2727
this section, in determining whether to impose a prison term as a	2728
sanction for a felony of the third degree or a felony drug offense	2729
that is a violation of a provision of Chapter 2925. of the Revised	2730
Code and that is specified as being subject to this division for	2731
purposes of sentencing, the sentencing court shall comply with the	2732
purposes and principles of sentencing under section 2929.11 of the	2733
Revised Code and with section 2929.12 of the Revised Code.	2734

(D)(1) Except as provided in division (E) or (F) of this	2735
section, for a felony of the first or second degree, for a felony	2736
drug offense that is a violation of any provision of Chapter	2737
2925., 3719., or 4729. of the Revised Code for which a presumption	2738
in favor of a prison term is specified as being applicable, and	2739
for a violation of division (A)(4) or (B) of section 2907.05 of	2740
the Revised Code for which a presumption in favor of a prison term	2741
is specified as being applicable, it is presumed that a prison	2742
term is necessary in order to comply with the purposes and	2743
principles of sentencing under section 2929.11 of the Revised	2744
Code. Division (D)(2) of this section does not apply to a	2745
presumption established under this division for a violation of	2746
division (A)(4) of section 2907.05 of the Revised Code.	2747

(2) Notwithstanding the presumption established under	2748
division (D)(1) of this section for the offenses listed in that	2749
division other than a violation of division (A)(4) or (B) of	2750
section 2907.05 of the Revised Code, the sentencing court may	2751
impose a community control sanction or a combination of community	2752
control sanctions instead of a prison term on an offender for a	2753
felony of the first or second degree or for a felony drug offense	2754
that is a violation of any provision of Chapter 2925., 3719., or	2755
4729. of the Revised Code for which a presumption in favor of a	2756
prison term is specified as being applicable if it makes both of	2757
the following findings:	2758

(a) A community control sanction or a combination of	2759
community control sanctions would adequately punish the offender	2760
and protect the public from future crime, because the applicable	2761
factors under section 2929.12 of the Revised Code indicating a	2762
lesser likelihood of recidivism outweigh the applicable factors	2763
under that section indicating a greater likelihood of recidivism.	2764

(b) A community control sanction or a combination of	2765
community control sanctions would not demean the seriousness of	2766
the offense, because one or more factors under section 2929.12 of	2767
the Revised Code that indicate that the offender's conduct was	2768
less serious than conduct normally constituting the offense are	2769
applicable, and they outweigh the applicable factors under that	2770
section that indicate that the offender's conduct was more serious	2771
than conduct normally constituting the offense.	2772

(E)(1) Except as provided in division (F) of this section,	2773
for any drug offense that is a violation of any provision of	2774
Chapter 2925. of the Revised Code and that is a felony of the	2775
third, fourth, or fifth degree, the applicability of a presumption	2776
under division (D) of this section in favor of a prison term or of	2777
division (B) or (C) of this section in determining whether to	2778
impose a prison term for the offense shall be determined as	2779
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2780
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	2781
Revised Code, whichever is applicable regarding the violation.	2782

(2) If an offender who was convicted of or pleaded guilty to	2783
a felony violates the conditions of a community control sanction	2784
imposed for the offense solely by reason of producing positive	2785
results on a drug test, the court, as punishment for the violation	2786
of the sanction, shall not order that the offender be imprisoned	2787
unless the court determines on the record either of the following:	2788

(a) The offender had been ordered as a sanction for the	2789
felony to participate in a drug treatment program, in a drug	2790
education program, or in narcotics anonymous or a similar program,	2791
and the offender continued to use illegal drugs after a reasonable	2792
period of participation in the program.	2793

(b) The imprisonment of the offender for the violation is	2794
consistent with the purposes and principles of sentencing set	2795
forth in section 2929.11 of the Revised Code.	2796

(3) A court that sentences an offender for a drug abuse	2797
offense that is a felony of the third, fourth, or fifth degree may	2798
require that the offender be assessed by a properly credentialed	2799
professional within a specified period of time. The court shall	2800
require the professional to file a written assessment of the	2801
offender with the court. If the offender is eligible for a	2802
community control sanction and after considering the written	2803
assessment, the court may impose a community control sanction that	2804
includes treatment and recovery support services authorized by	2805
section 3793.02 of the Revised Code. If the court imposes	2806
treatment and recovery support services as a community control	2807
sanction, the court shall direct the level and type of treatment	2808
and recovery support services after considering the assessment and	2809
recommendation of treatment and recovery support services	2810
providers.	2811

(F) Notwithstanding divisions (A) to (E) of this section, the	2812
court shall impose a prison term or terms under sections 2929.02	2813
to 2929.06, section 2929.14, section 2929.142, or section 2971.03	2814
of the Revised Code and except as specifically provided in section	2815
2929.20, divisions (C) to (I) of section 2967.19, or section	2816
2967.191 of the Revised Code or when parole is authorized for the	2817
offense under section 2967.13 of the Revised Code shall not reduce	2818
the term or terms pursuant to section 2929.20, section 2967.19,	2819
section 2967.193, or any other provision of Chapter 2967. or	2820
Chapter 5120. of the Revised Code for any of the following	2821
offenses:	2822

(1) Aggravated murder, aggravated rape, aggravated rape of a	2823
child, aggravated sexual battery, aggravated sexual battery of a	2824
child, or aggravated unlawful sexual conduct with a minor when	2825
death is not imposed or murder;	2826

(2) Any rape, regardless of whether force was involved and	2827
regardless of the age of the victim, or an attempt to commit rape	2828
if, had the offender completed the rape that was attempted, the	2829
offender would have been guilty of a violation of division	2830
(A)(1)(b) of section 2907.02 of the Revised Code and would be	2831
sentenced under section 2971.03 of the Revised Code, or an attempt	2832
to commit rape, aggravated rape, aggravated rape of a child,	2833
aggravated sexual battery, aggravated sexual battery of a child,	2834
or aggravated unlawful sexual conduct with a minor when division	2835
(A)(3)(e) or (B)(2) of section 2971.03 of the Revised Code	2836
requires the imposition of a sentence under that division;	2837

(3) Gross sexual imposition or sexual battery, if the victim	2838
is less than thirteen years of age and if any of the following	2839
applies:	2840

(a) Regarding gross sexual imposition, the offender	2841
previously was convicted of or pleaded guilty to rape, aggravated	2842
rape, aggravated rape of a child, the former offense of felonious	2843
sexual penetration, gross sexual imposition, or sexual battery,	2844
aggravated sexual battery, or aggravated sexual battery of a	2845
child, and the victim of the previous offense was less than	2846
thirteen years of age;	2847

(b) Regarding gross sexual imposition, the offense was	2848
committed on or after August 3, 2006, and evidence other than the	2849
testimony of the victim was admitted in the case corroborating the	2850
violation.	2851

(c) Regarding sexual battery, either of the following	2852
applies:	2853

(i) The offense was committed prior to August 3, 2006, the	2854
offender previously was convicted of or pleaded guilty to rape,	2855
aggravated rape, aggravated rape of a child, the former offense of	2856
felonious sexual penetration, or sexual battery, aggravated sexual	2857
battery, or aggravated sexual battery of a child, and the victim	2858
of the previous offense was less than thirteen years of age.	2859

(ii) The offense was committed on or after August 3, 2006.

2860

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	2861
2903.11, 2903.12, 2903.13, 2905.32, or 2907.07 of the Revised Code	2862
if the section requires the imposition of a prison term;	2863

(5) A first, second, or third degree felony drug offense for	2864
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	2865
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	2866
4729.99 of the Revised Code, whichever is applicable regarding the	2867
violation, requires the imposition of a mandatory prison term;	2868

(6) Any offense that is a first or second degree felony and	2869
that is not set forth in division (F)(1), (2), (3), or (4) of this	2870
section, if the offender previously was convicted of or pleaded	2871
guilty to aggravated murder, murder, any first or second degree	2872
felony, or an offense under an existing or former law of this	2873
state, another state, or the United States that is or was	2874
substantially equivalent to one of those offenses;	2875

(7) Any offense that is a third degree felony and either is a	2876
violation of section 2903.04 of the Revised Code or an attempt to	2877
commit a felony of the second degree that is an offense of	2878
violence and involved an attempt to cause serious physical harm to	2879
a person or that resulted in serious physical harm to a person if	2880
the offender previously was convicted of or pleaded guilty to any	2881
of the following offenses:	2882

(a) Aggravated murder, murder, involuntary manslaughter,	2883
rape, aggravated rape, aggravated rape of a child, felonious	2884
sexual penetration as it existed under section 2907.12 of the	2885
Revised Code prior to September 3, 1996, a felony of the first or	2886
second degree that resulted in the death of a person or in	2887
physical harm to a person, or complicity in or an attempt to	2888
commit any of those offenses;	2889

(b) An offense under an existing or former law of this state,	2890
another state, or the United States that is or was substantially	2891
equivalent to an offense listed in division (F)(7)(a) of this	2892
section that resulted in the death of a person or in physical harm	2893
to a person.	2894

(8) Any offense, other than a violation of section 2923.12 of	2895
the Revised Code, that is a felony, if the offender had a firearm	2896
on or about the offender's person or under the offender's control	2897
while committing the felony, with respect to a portion of the	2898
sentence imposed pursuant to division (B)(1)(a) of section 2929.14	2899
of the Revised Code for having the firearm;	2900

(9) Any offense of violence that is a felony, if the offender	2901
wore or carried body armor while committing the felony offense of	2902
violence, with respect to the portion of the sentence imposed	2903
pursuant to division (B)(1)(d) of section 2929.14 of the Revised	2904
Code for wearing or carrying the body armor;	2905

(10) Corrupt activity in violation of section 2923.32 of the	2906
Revised Code when the most serious offense in the pattern of	2907
corrupt activity that is the basis of the offense is a felony of	2908
the first degree;	2909

(11) Any violent sex offense or designated homicide, assault,	2910
or kidnapping offense if, in relation to that offense, the	2911
offender is adjudicated a sexually violent predator;	2912

(12) A violation of division (A)(1) or (2) of section 2921.36	2913
of the Revised Code, or a violation of division (C) of that	2914
section involving an item listed in division (A)(1) or (2) of that	2915
section, if the offender is an officer or employee of the	2916
department of rehabilitation and correction;	2917

(13) A violation of division (A)(1) or (2) of section 2903.06	2918
of the Revised Code if the victim of the offense is a peace	2919
officer, as defined in section 2935.01 of the Revised Code, or an	2920
investigator of the bureau of criminal identification and	2921
investigation, as defined in section 2903.11 of the Revised Code,	2922
with respect to the portion of the sentence imposed pursuant to	2923
division (B)(5) of section 2929.14 of the Revised Code;	2924

(14) A violation of division (A)(1) or (2) of section 2903.06	2925
of the Revised Code if the offender has been convicted of or	2926
pleaded guilty to three or more violations of division (A) or (B)	2927
of section 4511.19 of the Revised Code or an equivalent offense,	2928
as defined in section 2941.1415 of the Revised Code, or three or	2929
more violations of any combination of those divisions and	2930
offenses, with respect to the portion of the sentence imposed	2931
pursuant to division (B)(6) of section 2929.14 of the Revised	2932
Code;	2933

(15) Kidnapping, in the circumstances specified in section	2934
2971.03 of the Revised Code and when no other provision of	2935
division (F) of this section applies;	2936

(16) Kidnapping, abduction, compelling prostitution,	2937
promoting prostitution, engaging in a pattern of corrupt activity,	2938
illegal use of a minor in a nudity-oriented material or	2939
performance in violation of division (A)(1) or (2) of section	2940
2907.323 of the Revised Code, or endangering children in violation	2941
of division (B)(1), (2), (3), (4), or (5) of section 2919.22 of	2942
the Revised Code, if the offender is convicted of or pleads guilty	2943
to a specification as described in section 2941.1422 of the	2944
Revised Code that was included in the indictment, count in the	2945
indictment, or information charging the offense;	2946

(17) A felony violation of division (A) or (B) of section	2947
2919.25 of the Revised Code if division (D)(3), (4), or (5) of	2948
that section, and division (D)(6) of that section, require the	2949
imposition of a prison term;	2950

(18) A felony violation of section 2903.11, 2903.12, or	2951
2903.13 of the Revised Code, if the victim of the offense was a	2952
woman that the offender knew was pregnant at the time of the	2953
violation, with respect to a portion of the sentence imposed	2954
pursuant to division (B)(8) of section 2929.14 of the Revised	2955
Code.	2956

(G) Notwithstanding divisions (A) to (E) of this section, if	2957
an offender is being sentenced for a fourth degree felony OVI	2958
offense or for a third degree felony OVI offense, the court shall	2959
impose upon the offender a mandatory term of local incarceration	2960
or a mandatory prison term in accordance with the following:	2961

(1) If the offender is being sentenced for a fourth degree	2962
felony OVI offense and if the offender has not been convicted of	2963
and has not pleaded guilty to a specification of the type	2964
described in section 2941.1413 of the Revised Code, the court may	2965
impose upon the offender a mandatory term of local incarceration	2966
of sixty days or one hundred twenty days as specified in division	2967
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall	2968
not reduce the term pursuant to section 2929.20, 2967.193, or any	2969
other provision of the Revised Code. The court that imposes a	2970
mandatory term of local incarceration under this division shall	2971
specify whether the term is to be served in a jail, a	2972
community-based correctional facility, a halfway house, or an	2973
alternative residential facility, and the offender shall serve the	2974
term in the type of facility specified by the court. A mandatory	2975
term of local incarceration imposed under division (G)(1) of this	2976
section is not subject to any other Revised Code provision that	2977
pertains to a prison term except as provided in division (A)(1) of	2978
this section.	2979

(2) If the offender is being sentenced for a third degree	2980
felony OVI offense, or if the offender is being sentenced for a	2981
fourth degree felony OVI offense and the court does not impose a	2982
mandatory term of local incarceration under division (G)(1) of	2983
this section, the court shall impose upon the offender a mandatory	2984
prison term of one, two, three, four, or five years if the	2985
offender also is convicted of or also pleads guilty to a	2986
specification of the type described in section 2941.1413 of the	2987
Revised Code or shall impose upon the offender a mandatory prison	2988
term of sixty days or one hundred twenty days as specified in	2989
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	2990
if the offender has not been convicted of and has not pleaded	2991
guilty to a specification of that type. Subject to divisions (C)	2992
to (I) of section 2967.19 of the Revised Code, the court shall not	2993
reduce the term pursuant to section 2929.20, 2967.19, 2967.193, or	2994
any other provision of the Revised Code. The offender shall serve	2995
the one-, two-, three-, four-, or five-year mandatory prison term	2996
consecutively to and prior to the prison term imposed for the	2997
underlying offense and consecutively to any other mandatory prison	2998
term imposed in relation to the offense. In no case shall an	2999
offender who once has been sentenced to a mandatory term of local	3000
incarceration pursuant to division (G)(1) of this section for a	3001
fourth degree felony OVI offense be sentenced to another mandatory	3002
term of local incarceration under that division for any violation	3003
of division (A) of section 4511.19 of the Revised Code. In	3004
addition to the mandatory prison term described in division (G)(2)	3005
of this section, the court may sentence the offender to a	3006
community control sanction under section 2929.16 or 2929.17 of the	3007
Revised Code, but the offender shall serve the prison term prior	3008
to serving the community control sanction. The department of	3009
rehabilitation and correction may place an offender sentenced to a	3010
mandatory prison term under this division in an intensive program	3011
prison established pursuant to section 5120.033 of the Revised	3012
Code if the department gave the sentencing judge prior notice of	3013
its intent to place the offender in an intensive program prison	3014
established under that section and if the judge did not notify the	3015
department that the judge disapproved the placement. Upon the	3016
establishment of the initial intensive program prison pursuant to	3017
section 5120.033 of the Revised Code that is privately operated	3018
and managed by a contractor pursuant to a contract entered into	3019
under section 9.06 of the Revised Code, both of the following	3020
apply:	3021

(a) The department of rehabilitation and correction shall	3022
make a reasonable effort to ensure that a sufficient number of	3023
offenders sentenced to a mandatory prison term under this division	3024
are placed in the privately operated and managed prison so that	3025
the privately operated and managed prison has full occupancy.	3026

(b) Unless the privately operated and managed prison has full	3027
occupancy, the department of rehabilitation and correction shall	3028
not place any offender sentenced to a mandatory prison term under	3029
this division in any intensive program prison established pursuant	3030
to section 5120.033 of the Revised Code other than the privately	3031
operated and managed prison.	3032

(H) If an offender is being sentenced for a sexually oriented	3033
offense or child-victim oriented offense that is a felony	3034
committed on or after January 1, 1997, the judge shall require the	3035
offender to submit to a DNA specimen collection procedure pursuant	3036
to section 2901.07 of the Revised Code.	3037

(I) If an offender is being sentenced for a sexually oriented	3038
offense or a child-victim oriented offense committed on or after	3039
January 1, 1997, the judge shall include in the sentence a summary	3040
of the offender's duties imposed under sections 2950.04, 2950.041,	3041
2950.05, and 2950.06 of the Revised Code and the duration of the	3042
duties. The judge shall inform the offender, at the time of	3043
sentencing, of those duties and of their duration. If required	3044
under division (A)(2) of section 2950.03 of the Revised Code, the	3045
judge shall perform the duties specified in that section, or, if	3046
required under division (A)(6) of section 2950.03 of the Revised	3047
Code, the judge shall perform the duties specified in that	3048
division.	3049

(J)(1) Except as provided in division (J)(2) of this section,	3050
when considering sentencing factors under this section in relation	3051
to an offender who is convicted of or pleads guilty to an attempt	3052
to commit an offense in violation of section 2923.02 of the	3053
Revised Code, the sentencing court shall consider the factors	3054
applicable to the felony category of the violation of section	3055
2923.02 of the Revised Code instead of the factors applicable to	3056
the felony category of the offense attempted.	3057

(2) When considering sentencing factors under this section in	3058
relation to an offender who is convicted of or pleads guilty to an	3059
attempt to commit a drug abuse offense for which the penalty is	3060
determined by the amount or number of unit doses of the controlled	3061
substance involved in the drug abuse offense, the sentencing court	3062
shall consider the factors applicable to the felony category that	3063
the drug abuse offense attempted would be if that drug abuse	3064
offense had been committed and had involved an amount or number of	3065
unit doses of the controlled substance that is within the next	3066
lower range of controlled substance amounts than was involved in	3067
the attempt.	3068

(K) As used in this section:

3069

(1) "Drug abuse offense" has the same meaning as in section	3070
2925.01 of the Revised Code.	3071

(2) "Qualifying assault offense" means a violation of section	3072
2903.13 of the Revised Code for which the penalty provision in	3073
division (C)(7)(b) or (C)(8)(b) of that section applies.	3074

(L) At the time of sentencing an offender for any sexually	3075
oriented offense, if the offender is a tier III sex	3076
offender/child-victim offender relative to that offense and the	3077
offender does not serve a prison term or jail term, the court may	3078
require that the offender be monitored by means of a global	3079
positioning device. If the court requires such monitoring, the	3080
cost of monitoring shall be borne by the offender. If the offender	3081
is indigent, the cost of compliance shall be paid by the crime	3082
victims reparations fund.	3083

Sec. 2929.14. (A) Except as provided in division (B)(1),	3084
(B)(2), (B)(3), (B)(4), (B)(5), (B)(6), (B)(7), (B)(8), (E), (G),	3085
(H), or (J) of this section or in division (D)(6) of section	3086
2919.25 of the Revised Code and except in relation to an offense	3087
for which a sentence of death or life imprisonment is to be	3088
imposed, if the court imposing a sentence upon an offender for a	3089
felony elects or is required to impose a prison term on the	3090
offender pursuant to this chapter, the court shall impose a	3091
definite prison term that shall be one of the following:	3092

(1) For a felony of the first degree, the prison term shall	3093
be three, four, five, six, seven, eight, nine, ten, or eleven	3094
years.	3095

(2) For a felony of the second degree, the prison term shall	3096
be two, three, four, five, six, seven, or eight years.	3097

(3)(a) For a felony of the third degree that is a violation	3098
of section 2903.06, 2903.08, 2907.03, 2907.04, or 2907.05 of the	3099
Revised Code or that is a violation of section 2911.02 or 2911.12	3100
of the Revised Code if the offender previously has been convicted	3101
of or pleaded guilty in two or more separate proceedings to two or	3102
more violations of section 2911.01, 2911.02, 2911.11, or 2911.12	3103
of the Revised Code, the prison term shall be twelve, eighteen,	3104
twenty-four, thirty, thirty-six, forty-two, forty-eight,	3105
fifty-four, or sixty months.	3106

(b) For a felony of the third degree that is not an offense	3107
for which division (A)(3)(a) of this section applies, the prison	3108
term shall be nine, twelve, eighteen, twenty-four, thirty, or	3109
thirty-six months.	3110

(4) For a felony of the fourth degree, the prison term shall	3111
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	3112
fourteen, fifteen, sixteen, seventeen, or eighteen months.	3113

(5) For a felony of the fifth degree, the prison term shall	3114
be six, seven, eight, nine, ten, eleven, or twelve months.	3115

(B)(1)(a) Except as provided in division (B)(1)(e) of this	3116
section, if an offender who is convicted of or pleads guilty to a	3117
felony also is convicted of or pleads guilty to a specification of	3118
the type described in section 2941.141, 2941.144, or 2941.145 of	3119
the Revised Code, the court shall impose on the offender one of	3120
the following prison terms:	3121

(i) A prison term of six years if the specification is of the	3122
type described in section 2941.144 of the Revised Code that	3123
charges the offender with having a firearm that is an automatic	3124
firearm or that was equipped with a firearm muffler or silencer on	3125
or about the offender's person or under the offender's control	3126
while committing the felony;	3127

(ii) A prison term of three years if the specification is of	3128
the type described in section 2941.145 of the Revised Code that	3129
charges the offender with having a firearm on or about the	3130
offender's person or under the offender's control while committing	3131
the offense and displaying the firearm, brandishing the firearm,	3132
indicating that the offender possessed the firearm, or using it to	3133
facilitate the offense;	3134

(iii) A prison term of one year if the specification is of	3135
the type described in section 2941.141 of the Revised Code that	3136
charges the offender with having a firearm on or about the	3137
offender's person or under the offender's control while committing	3138
the felony.	3139

(b) If a court imposes a prison term on an offender under	3140
division (B)(1)(a) of this section, the prison term shall not be	3141
reduced pursuant to section 2967.19, section 2929.20, section	3142
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	3143
of the Revised Code. Except as provided in division (B)(1)(g) of	3144
this section, a court shall not impose more than one prison term	3145
on an offender under division (B)(1)(a) of this section for	3146
felonies committed as part of the same act or transaction.	3147

(c) Except as provided in division (B)(1)(e) of this section,	3148
if an offender who is convicted of or pleads guilty to a violation	3149
of section 2923.161 of the Revised Code or to a felony that	3150
includes, as an essential element, purposely or knowingly causing	3151
or attempting to cause the death of or physical harm to another,	3152
also is convicted of or pleads guilty to a specification of the	3153
type described in section 2941.146 of the Revised Code that	3154
charges the offender with committing the offense by discharging a	3155
firearm from a motor vehicle other than a manufactured home, the	3156
court, after imposing a prison term on the offender for the	3157
violation of section 2923.161 of the Revised Code or for the other	3158
felony offense under division (A), (B)(2), or (B)(3) of this	3159
section, shall impose an additional prison term of five years upon	3160
the offender that shall not be reduced pursuant to section	3161
2929.20, section 2967.19, section 2967.193, or any other provision	3162
of Chapter 2967. or Chapter 5120. of the Revised Code. A court	3163
shall not impose more than one additional prison term on an	3164
offender under division (B)(1)(c) of this section for felonies	3165
committed as part of the same act or transaction. If a court	3166
imposes an additional prison term on an offender under division	3167
(B)(1)(c) of this section relative to an offense, the court also	3168
shall impose a prison term under division (B)(1)(a) of this	3169
section relative to the same offense, provided the criteria	3170
specified in that division for imposing an additional prison term	3171
are satisfied relative to the offender and the offense.	3172

(d) If an offender who is convicted of or pleads guilty to an	3173
offense of violence that is a felony also is convicted of or	3174
pleads guilty to a specification of the type described in section	3175
2941.1411 of the Revised Code that charges the offender with	3176
wearing or carrying body armor while committing the felony offense	3177
of violence, the court shall impose on the offender a prison term	3178
of two years. The prison term so imposed, subject to divisions (C)	3179
to (I) of section 2967.19 of the Revised Code, shall not be	3180
reduced pursuant to section 2929.20, section 2967.19, section	3181
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	3182
of the Revised Code. A court shall not impose more than one prison	3183
term on an offender under division (B)(1)(d) of this section for	3184
felonies committed as part of the same act or transaction. If a	3185
court imposes an additional prison term under division (B)(1)(a)	3186
or (c) of this section, the court is not precluded from imposing	3187
an additional prison term under division (B)(1)(d) of this	3188
section.	3189

(e) The court shall not impose any of the prison terms	3190
described in division (B)(1)(a) of this section or any of the	3191
additional prison terms described in division (B)(1)(c) of this	3192
section upon an offender for a violation of section 2923.12 or	3193
2923.123 of the Revised Code. The court shall not impose any of	3194
the prison terms described in division (B)(1)(a) or (b) of this	3195
section upon an offender for a violation of section 2923.122 that	3196
involves a deadly weapon that is a firearm other than a dangerous	3197
ordnance, section 2923.16, or section 2923.121 of the Revised	3198
Code. The court shall not impose any of the prison terms described	3199
in division (B)(1)(a) of this section or any of the additional	3200
prison terms described in division (B)(1)(c) of this section upon	3201
an offender for a violation of section 2923.13 of the Revised Code	3202
unless all of the following apply:	3203

(i) The offender previously has been convicted of aggravated	3204
murder, murder, or any felony of the first or second degree.	3205

(ii) Less than five years have passed since the offender was	3206
released from prison or post-release control, whichever is later,	3207
for the prior offense.	3208

(f) If an offender is convicted of or pleads guilty to a	3209
felony that includes, as an essential element, causing or	3210
attempting to cause the death of or physical harm to another and	3211
also is convicted of or pleads guilty to a specification of the	3212
type described in section 2941.1412 of the Revised Code that	3213
charges the offender with committing the offense by discharging a	3214
firearm at a peace officer as defined in section 2935.01 of the	3215
Revised Code or a corrections officer, as defined in section	3216
2941.1412 of the Revised Code, the court, after imposing a prison	3217
term on the offender for the felony offense under division (A),	3218
(B)(2), or (B)(3) of this section, shall impose an additional	3219
prison term of seven years upon the offender that shall not be	3220
reduced pursuant to section 2929.20, section 2967.19, section	3221
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	3222
of the Revised Code. If an offender is convicted of or pleads	3223
guilty to two or more felonies that include, as an essential	3224
element, causing or attempting to cause the death or physical harm	3225
to another and also is convicted of or pleads guilty to a	3226
specification of the type described under division (B)(1)(f) of	3227
this section in connection with two or more of the felonies of	3228
which the offender is convicted or to which the offender pleads	3229
guilty, the sentencing court shall impose on the offender the	3230
prison term specified under division (B)(1)(f) of this section for	3231
each of two of the specifications of which the offender is	3232
convicted or to which the offender pleads guilty and, in its	3233
discretion, also may impose on the offender the prison term	3234
specified under that division for any or all of the remaining	3235
specifications. If a court imposes an additional prison term on an	3236
offender under division (B)(1)(f) of this section relative to an	3237
offense, the court shall not impose a prison term under division	3238
(B)(1)(a) or (c) of this section relative to the same offense.	3239

(g) If an offender is convicted of or pleads guilty to two or	3240
more felonies, if one or more of those felonies are aggravated	3241
murder, murder, attempted aggravated murder, attempted murder,	3242
aggravated robbery, felonious assault, or rape, aggravated rape,	3243
or aggravated rape of a child, and if the offender is convicted of	3244
or pleads guilty to a specification of the type described under	3245
division (B)(1)(a) of this section in connection with two or more	3246
of the felonies, the sentencing court shall impose on the offender	3247
the prison term specified under division (B)(1)(a) of this section	3248
for each of the two most serious specifications of which the	3249
offender is convicted or to which the offender pleads guilty and,	3250
in its discretion, also may impose on the offender the prison term	3251
specified under that division for any or all of the remaining	3252
specifications.	3253

(2)(a) If division (B)(2)(b) of this section does not apply,	3254
the court may impose on an offender, in addition to the longest	3255
prison term authorized or required for the offense, an additional	3256
definite prison term of one, two, three, four, five, six, seven,	3257
eight, nine, or ten years if all of the following criteria are	3258
met:	3259

(i) The offender is convicted of or pleads guilty to a	3260
specification of the type described in section 2941.149 of the	3261
Revised Code that the offender is a repeat violent offender.	3262

(ii) The offense of which the offender currently is convicted	3263
or to which the offender currently pleads guilty is aggravated	3264
murder, aggravated rape, aggravated rape of a child, aggravated	3265
sexual battery, or aggravated sexual battery of a child and the	3266
court does not impose a sentence of death or life imprisonment	3267
without parole, murder, terrorism and the court does not impose a	3268
sentence of life imprisonment without parole, any felony of the	3269
first degree that is an offense of violence and the court does not	3270
impose a sentence of life imprisonment without parole, or any	3271
felony of the second degree that is an offense of violence and the	3272
trier of fact finds that the offense involved an attempt to cause	3273
or a threat to cause serious physical harm to a person or resulted	3274
in serious physical harm to a person.	3275

(iii) The court imposes the longest prison term for the	3276
offense that is not life imprisonment without parole.	3277

(iv) The court finds that the prison terms imposed pursuant	3278
to division (B)(2)(a)(iii) of this section and, if applicable,	3279
division (B)(1) or (3) of this section are inadequate to punish	3280
the offender and protect the public from future crime, because the	3281
applicable factors under section 2929.12 of the Revised Code	3282
indicating a greater likelihood of recidivism outweigh the	3283
applicable factors under that section indicating a lesser	3284
likelihood of recidivism.	3285

(v) The court finds that the prison terms imposed pursuant to	3286
division (B)(2)(a)(iii) of this section and, if applicable,	3287
division (B)(1) or (3) of this section are demeaning to the	3288
seriousness of the offense, because one or more of the factors	3289
under section 2929.12 of the Revised Code indicating that the	3290
offender's conduct is more serious than conduct normally	3291
constituting the offense are present, and they outweigh the	3292
applicable factors under that section indicating that the	3293
offender's conduct is less serious than conduct normally	3294
constituting the offense.	3295

(b) The court shall impose on an offender the longest prison	3296
term authorized or required for the offense and shall impose on	3297
the offender an additional definite prison term of one, two,	3298
three, four, five, six, seven, eight, nine, or ten years if all of	3299
the following criteria are met:	3300

(i) The offender is convicted of or pleads guilty to a	3301
specification of the type described in section 2941.149 of the	3302
Revised Code that the offender is a repeat violent offender.	3303

(ii) The offender within the preceding twenty years has been	3304
convicted of or pleaded guilty to three or more offenses described	3305
in division (CC)(1) of section 2929.01 of the Revised Code,	3306
including all offenses described in that division of which the	3307
offender is convicted or to which the offender pleads guilty in	3308
the current prosecution and all offenses described in that	3309
division of which the offender previously has been convicted or to	3310
which the offender previously pleaded guilty, whether prosecuted	3311
together or separately.	3312

(iii) The offense or offenses of which the offender currently	3313
is convicted or to which the offender currently pleads guilty is	3314
aggravated murder, aggravated rape, aggravated rape of a child,	3315
aggravated sexual battery, or aggravated sexual battery of a child	3316
and the court does not impose a sentence of death or life	3317
imprisonment without parole, murder, terrorism and the court does	3318
not impose a sentence of life imprisonment without parole, any	3319
felony of the first degree that is an offense of violence and the	3320
court does not impose a sentence of life imprisonment without	3321
parole, or any felony of the second degree that is an offense of	3322
violence and the trier of fact finds that the offense involved an	3323
attempt to cause or a threat to cause serious physical harm to a	3324
person or resulted in serious physical harm to a person.	3325

(c) For purposes of division (B)(2)(b) of this section, two	3326
or more offenses committed at the same time or as part of the same	3327
act or event shall be considered one offense, and that one offense	3328
shall be the offense with the greatest penalty.	3329

(d) A sentence imposed under division (B)(2)(a) or (b) of	3330
this section shall not be reduced pursuant to section 2929.20,	3331
section 2967.19, or section 2967.193, or any other provision of	3332
Chapter 2967. or Chapter 5120. of the Revised Code. The offender	3333
shall serve an additional prison term imposed under this section	3334
consecutively to and prior to the prison term imposed for the	3335
underlying offense.	3336

(e) When imposing a sentence pursuant to division (B)(2)(a)	3337
or (b) of this section, the court shall state its findings	3338
explaining the imposed sentence.	3339

(3) Except when an offender commits a violation of section	3340
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	3341
the violation is life imprisonment or commits a violation of	3342
section 2903.02 of the Revised Code, if the offender commits a	3343
violation of section 2925.03 or 2925.11 of the Revised Code and	3344
that section classifies the offender as a major drug offender, if	3345
the offender commits a felony violation of section 2925.02,	3346
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	3347
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	3348
division (C) of section 4729.51, or division (J) of section	3349
4729.54 of the Revised Code that includes the sale, offer to sell,	3350
or possession of a schedule I or II controlled substance, with the	3351
exception of marihuana, and the court imposing sentence upon the	3352
offender finds that the offender is guilty of a specification of	3353
the type described in section 2941.1410 of the Revised Code	3354
charging that the offender is a major drug offender, if the court	3355
imposing sentence upon an offender for a felony finds that the	3356
offender is guilty of corrupt activity with the most serious	3357
offense in the pattern of corrupt activity being a felony of the	3358
first degree, or if the offender is guilty of an attempted	3359
violation of section 2907.02 of the Revised Code and, had the	3360
offender completed the violation of section 2907.02 of the Revised	3361
Code that was attempted, the offender would have been subject to a	3362
sentence of life imprisonment or life imprisonment without parole	3363
for the violation of section 2907.02 of the Revised Code, the	3364
court shall impose upon the offender for the felony violation a	3365
mandatory prison term of the maximum prison term prescribed for a	3366
felony of the first degree that, subject to divisions (C) to (I)	3367
of section 2967.19 of the Revised Code, cannot be reduced pursuant	3368
to section 2929.20, section 2967.19, or any other provision of	3369
Chapter 2967. or 5120. of the Revised Code.	3370

(4) If the offender is being sentenced for a third or fourth	3371
degree felony OVI offense under division (G)(2) of section 2929.13	3372
of the Revised Code, the sentencing court shall impose upon the	3373
offender a mandatory prison term in accordance with that division.	3374
In addition to the mandatory prison term, if the offender is being	3375
sentenced for a fourth degree felony OVI offense, the court,	3376
notwithstanding division (A)(4) of this section, may sentence the	3377
offender to a definite prison term of not less than six months and	3378
not more than thirty months, and if the offender is being	3379
sentenced for a third degree felony OVI offense, the sentencing	3380
court may sentence the offender to an additional prison term of	3381
any duration specified in division (A)(3) of this section. In	3382
either case, the additional prison term imposed shall be reduced	3383
by the sixty or one hundred twenty days imposed upon the offender	3384
as the mandatory prison term. The total of the additional prison	3385
term imposed under division (B)(4) of this section plus the sixty	3386
or one hundred twenty days imposed as the mandatory prison term	3387
shall equal a definite term in the range of six months to thirty	3388
months for a fourth degree felony OVI offense and shall equal one	3389
of the authorized prison terms specified in division (A)(3) of	3390
this section for a third degree felony OVI offense. If the court	3391
imposes an additional prison term under division (B)(4) of this	3392
section, the offender shall serve the additional prison term after	3393
the offender has served the mandatory prison term required for the	3394
offense. In addition to the mandatory prison term or mandatory and	3395
additional prison term imposed as described in division (B)(4) of	3396
this section, the court also may sentence the offender to a	3397
community control sanction under section 2929.16 or 2929.17 of the	3398
Revised Code, but the offender shall serve all of the prison terms	3399
so imposed prior to serving the community control sanction.	3400

If the offender is being sentenced for a fourth degree felony	3401
OVI offense under division (G)(1) of section 2929.13 of the	3402
Revised Code and the court imposes a mandatory term of local	3403
incarceration, the court may impose a prison term as described in	3404
division (A)(1) of that section.	3405

(5) If an offender is convicted of or pleads guilty to a	3406
violation of division (A)(1) or (2) of section 2903.06 of the	3407
Revised Code and also is convicted of or pleads guilty to a	3408
specification of the type described in section 2941.1414 of the	3409
Revised Code that charges that the victim of the offense is a	3410
peace officer, as defined in section 2935.01 of the Revised Code,	3411
or an investigator of the bureau of criminal identification and	3412
investigation, as defined in section 2903.11 of the Revised Code,	3413
the court shall impose on the offender a prison term of five	3414
years. If a court imposes a prison term on an offender under	3415
division (B)(5) of this section, the prison term, subject to	3416
divisions (C) to (I) of section 2967.19 of the Revised Code, shall	3417
not be reduced pursuant to section 2929.20, section 2967.19,	3418
section 2967.193, or any other provision of Chapter 2967. or	3419
Chapter 5120. of the Revised Code. A court shall not impose more	3420
than one prison term on an offender under division (B)(5) of this	3421
section for felonies committed as part of the same act.	3422

(6) If an offender is convicted of or pleads guilty to a	3423
violation of division (A)(1) or (2) of section 2903.06 of the	3424
Revised Code and also is convicted of or pleads guilty to a	3425
specification of the type described in section 2941.1415 of the	3426
Revised Code that charges that the offender previously has been	3427
convicted of or pleaded guilty to three or more violations of	3428
division (A) or (B) of section 4511.19 of the Revised Code or an	3429
equivalent offense, as defined in section 2941.1415 of the Revised	3430
Code, or three or more violations of any combination of those	3431
divisions and offenses, the court shall impose on the offender a	3432
prison term of three years. If a court imposes a prison term on an	3433
offender under division (B)(6) of this section, the prison term,	3434
subject to divisions (C) to (I) of section 2967.19 of the Revised	3435
Code, shall not be reduced pursuant to section 2929.20, section	3436
2967.19, section 2967.193, or any other provision of Chapter 2967.	3437
or Chapter 5120. of the Revised Code. A court shall not impose	3438
more than one prison term on an offender under division (B)(6) of	3439
this section for felonies committed as part of the same act.	3440

(7)(a) If an offender is convicted of or pleads guilty to a	3441
felony violation of section 2905.01, 2905.02, 2907.21, 2907.22, or	3442
2923.32, division (A)(1) or (2) of section 2907.323, or division	3443
(B)(1), (2), (3), (4), or (5) of section 2919.22 of the Revised	3444
Code and also is convicted of or pleads guilty to a specification	3445
of the type described in section 2941.1422 of the Revised Code	3446
that charges that the offender knowingly committed the offense in	3447
furtherance of human trafficking, the court shall impose on the	3448
offender a mandatory prison term that is one of the following:	3449

(i) If the offense is a felony of the first degree, a	3450
definite prison term of not less than five years and not greater	3451
than ten years;	3452

(ii) If the offense is a felony of the second or third	3453
degree, a definite prison term of not less than three years and	3454
not greater than the maximum prison term allowed for the offense	3455
by division (A) of section 2929.14 of the Revised Code;	3456

(iii) If the offense is a felony of the fourth or fifth	3457
degree, a definite prison term that is the maximum prison term	3458
allowed for the offense by division (A) of section 2929.14 of the	3459
Revised Code.	3460

(b) Subject to divisions (C) to (I) of section 2967.19 of the	3461
Revised Code, the prison term imposed under division (B)(7)(a) of	3462
this section shall not be reduced pursuant to section 2929.20,	3463
section 2967.19, section 2967.193, or any other provision of	3464
Chapter 2967. of the Revised Code. A court shall not impose more	3465
than one prison term on an offender under division (B)(7)(a) of	3466
this section for felonies committed as part of the same act,	3467
scheme, or plan.	3468

(8) If an offender is convicted of or pleads guilty to a	3469
felony violation of section 2903.11, 2903.12, or 2903.13 of the	3470
Revised Code and also is convicted of or pleads guilty to a	3471
specification of the type described in section 2941.1423 of the	3472
Revised Code that charges that the victim of the violation was a	3473
woman whom the offender knew was pregnant at the time of the	3474
violation, notwithstanding the range of prison terms prescribed in	3475
division (A) of this section for felonies of the same degree as	3476
the violation, the court shall impose on the offender a mandatory	3477
prison term that is either a definite prison term of six months or	3478
one of the prison terms prescribed in section 2929.14 of the	3479
Revised Code for felonies of the same degree as the violation.	3480

(C)(1)(a) Subject to division (C)(1)(b) of this section, if a	3481
mandatory prison term is imposed upon an offender pursuant to	3482
division (B)(1)(a) of this section for having a firearm on or	3483
about the offender's person or under the offender's control while	3484
committing a felony, if a mandatory prison term is imposed upon an	3485
offender pursuant to division (B)(1)(c) of this section for	3486
committing a felony specified in that division by discharging a	3487
firearm from a motor vehicle, or if both types of mandatory prison	3488
terms are imposed, the offender shall serve any mandatory prison	3489
term imposed under either division consecutively to any other	3490
mandatory prison term imposed under either division or under	3491
division (B)(1)(d) of this section, consecutively to and prior to	3492
any prison term imposed for the underlying felony pursuant to	3493
division (A), (B)(2), or (B)(3) of this section or any other	3494
section of the Revised Code, and consecutively to any other prison	3495
term or mandatory prison term previously or subsequently imposed	3496
upon the offender.	3497

(b) If a mandatory prison term is imposed upon an offender	3498
pursuant to division (B)(1)(d) of this section for wearing or	3499
carrying body armor while committing an offense of violence that	3500
is a felony, the offender shall serve the mandatory term so	3501
imposed consecutively to any other mandatory prison term imposed	3502
under that division or under division (B)(1)(a) or (c) of this	3503
section, consecutively to and prior to any prison term imposed for	3504
the underlying felony under division (A), (B)(2), or (B)(3) of	3505
this section or any other section of the Revised Code, and	3506
consecutively to any other prison term or mandatory prison term	3507
previously or subsequently imposed upon the offender.	3508

(c) If a mandatory prison term is imposed upon an offender	3509
pursuant to division (B)(1)(f) of this section, the offender shall	3510
serve the mandatory prison term so imposed consecutively to and	3511
prior to any prison term imposed for the underlying felony under	3512
division (A), (B)(2), or (B)(3) of this section or any other	3513
section of the Revised Code, and consecutively to any other prison	3514
term or mandatory prison term previously or subsequently imposed	3515
upon the offender.	3516

(d) If a mandatory prison term is imposed upon an offender	3517
pursuant to division (B)(7) or (8) of this section, the offender	3518
shall serve the mandatory prison term so imposed consecutively to	3519
any other mandatory prison term imposed under that division or	3520
under any other provision of law and consecutively to any other	3521
prison term or mandatory prison term previously or subsequently	3522
imposed upon the offender.	3523

(2) If an offender who is an inmate in a jail, prison, or	3524
other residential detention facility violates section 2917.02,	3525
2917.03, or 2921.35 of the Revised Code or division (A)(1) or (2)	3526
of section 2921.34 of the Revised Code, if an offender who is	3527
under detention at a detention facility commits a felony violation	3528
of section 2923.131 of the Revised Code, or if an offender who is	3529
an inmate in a jail, prison, or other residential detention	3530
facility or is under detention at a detention facility commits	3531
another felony while the offender is an escapee in violation of	3532
division (A)(1) or (2) of section 2921.34 of the Revised Code, any	3533
prison term imposed upon the offender for one of those violations	3534
shall be served by the offender consecutively to the prison term	3535
or term of imprisonment the offender was serving when the offender	3536
committed that offense and to any other prison term previously or	3537
subsequently imposed upon the offender.	3538

(3) If a prison term is imposed for a violation of division	3539
(B) of section 2911.01 of the Revised Code, a violation of	3540
division (A) of section 2913.02 of the Revised Code in which the	3541
stolen property is a firearm or dangerous ordnance, or a felony	3542
violation of division (B) of section 2921.331 of the Revised Code,	3543
the offender shall serve that prison term consecutively to any	3544
other prison term or mandatory prison term previously or	3545
subsequently imposed upon the offender.	3546

(4) If multiple prison terms are imposed on an offender for	3547
convictions of multiple offenses, the court may require the	3548
offender to serve the prison terms consecutively if the court	3549
finds that the consecutive service is necessary to protect the	3550
public from future crime or to punish the offender and that	3551
consecutive sentences are not disproportionate to the seriousness	3552
of the offender's conduct and to the danger the offender poses to	3553
the public, and if the court also finds any of the following:	3554

(a) The offender committed one or more of the multiple	3555
offenses while the offender was awaiting trial or sentencing, was	3556
under a sanction imposed pursuant to section 2929.16, 2929.17, or	3557
2929.18 of the Revised Code, or was under post-release control for	3558
a prior offense.	3559

(b) At least two of the multiple offenses were committed as	3560
part of one or more courses of conduct, and the harm caused by two	3561
or more of the multiple offenses so committed was so great or	3562
unusual that no single prison term for any of the offenses	3563
committed as part of any of the courses of conduct adequately	3564
reflects the seriousness of the offender's conduct.	3565

(c) The offender's history of criminal conduct demonstrates	3566
that consecutive sentences are necessary to protect the public	3567
from future crime by the offender.	3568

(5) If a mandatory prison term is imposed upon an offender	3569
pursuant to division (B)(5) or (6) of this section, the offender	3570
shall serve the mandatory prison term consecutively to and prior	3571
to any prison term imposed for the underlying violation of	3572
division (A)(1) or (2) of section 2903.06 of the Revised Code	3573
pursuant to division (A) of this section or section 2929.142 of	3574
the Revised Code. If a mandatory prison term is imposed upon an	3575
offender pursuant to division (B)(5) of this section, and if a	3576
mandatory prison term also is imposed upon the offender pursuant	3577
to division (B)(6) of this section in relation to the same	3578
violation, the offender shall serve the mandatory prison term	3579
imposed pursuant to division (B)(5) of this section consecutively	3580
to and prior to the mandatory prison term imposed pursuant to	3581
division (B)(6) of this section and consecutively to and prior to	3582
any prison term imposed for the underlying violation of division	3583
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to	3584
division (A) of this section or section 2929.142 of the Revised	3585
Code.	3586

(6) When consecutive prison terms are imposed pursuant to	3587
division (C)(1), (2), (3), (4), or (5) or division (H)(1) or (2)	3588
of this section, the term to be served is the aggregate of all of	3589
the terms so imposed.	3590

(D)(1) If a court imposes a prison term for a felony of the	3591
first degree, for a felony of the second degree, for a felony sex	3592
offense, or for a felony of the third degree that is not a felony	3593
sex offense and in the commission of which the offender caused or	3594
threatened to cause physical harm to a person, it shall include in	3595
the sentence a requirement that the offender be subject to a	3596
period of post-release control after the offender's release from	3597
imprisonment, in accordance with that division. If a court imposes	3598
a sentence including a prison term of a type described in this	3599
division on or after July 11, 2006, the failure of a court to	3600
include a post-release control requirement in the sentence	3601
pursuant to this division does not negate, limit, or otherwise	3602
affect the mandatory period of post-release control that is	3603
required for the offender under division (B) of section 2967.28 of	3604
the Revised Code. Section 2929.191 of the Revised Code applies if,	3605
prior to July 11, 2006, a court imposed a sentence including a	3606
prison term of a type described in this division and failed to	3607
include in the sentence pursuant to this division a statement	3608
regarding post-release control.	3609

(2) If a court imposes a prison term for a felony of the	3610
third, fourth, or fifth degree that is not subject to division	3611
(D)(1) of this section, it shall include in the sentence a	3612
requirement that the offender be subject to a period of	3613
post-release control after the offender's release from	3614
imprisonment, in accordance with that division, if the parole	3615
board determines that a period of post-release control is	3616
necessary. Section 2929.191 of the Revised Code applies if, prior	3617
to July 11, 2006, a court imposed a sentence including a prison	3618
term of a type described in this division and failed to include in	3619
the sentence pursuant to this division a statement regarding	3620
post-release control.	3621

(E) The court shall impose sentence upon the offender in	3622
accordance with section 2971.03 of the Revised Code, and Chapter	3623
2971. of the Revised Code applies regarding the prison term or	3624
term of life imprisonment without parole imposed upon the offender	3625
and the service of that term of imprisonment if any of the	3626
following apply:	3627

(1) A person is convicted of or pleads guilty to a violent	3628
sex offense or a designated homicide, assault, or kidnapping	3629
offense, the court does not impose upon the offender a sentence of	3630
death, and, in relation to that offense, the offender is	3631
adjudicated a sexually violent predator.	3632

(2) A person is convicted of or pleads guilty to a violation	3633
of division (A)(1)(b) of section 2907.02 of the Revised Code	3634
committed on or after January 2, 2007, and either the court does	3635
not impose a sentence of life without parole when authorized	3636
pursuant to division (B) of section 2907.02 of the Revised Code,	3637
or division (B) of section 2907.02 of the Revised Code provides	3638
that the court shall not sentence the offender pursuant to section	3639
2971.03 of the Revised Code.	3640

(3) A person is convicted of or pleads guilty to attempted	3641
rape that was committed on or after January 2, 2007, or is	3642
convicted of or pleads guilty to attempted aggravated rape or	3643
attempted aggravated rape of a child, and in either case a	3644
specification of the type described in section 2941.1418,	3645
2941.1419, or 2941.1420 of the Revised Code.	3646

(4) A person is convicted of or pleads guilty to a violation	3647
of section 2905.01 of the Revised Code committed on or after	3648
January 1, 2008, and that section requires the court to sentence	3649
the offender pursuant to section 2971.03 of the Revised Code.	3650

(5) A person is convicted of or pleads guilty to aggravated	3651
murder committed on or after January 1, 2008, and division	3652
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),	3653
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)~~(b)~~(a)(ii), (D)(3)(a)(iv), or	3654
(E)(1)(d) of section 2929.03, or division (A) or (B) of section	3655
2929.06 of the Revised Code requires the court to sentence the	3656
offender pursuant to division (B)(3) of section 2971.03 of the	3657
Revised Code.	3658

(6) A person is convicted of or pleads guilty to murder	3659
committed on or after January 1, 2008, and division (B)(2) of	3660
section 2929.02 of the Revised Code requires the court to sentence	3661
the offender pursuant to section 2971.03 of the Revised Code.	3662

(F) If a person who has been convicted of or pleaded guilty	3663
to a felony is sentenced to a prison term or term of imprisonment	3664
under this section, sections 2929.02 to 2929.06 of the Revised	3665
Code, section 2929.142 of the Revised Code, section 2971.03 of the	3666
Revised Code, or any other provision of law, section 5120.163 of	3667
the Revised Code applies regarding the person while the person is	3668
confined in a state correctional institution.	3669

(G) If an offender who is convicted of or pleads guilty to a	3670
felony that is an offense of violence also is convicted of or	3671
pleads guilty to a specification of the type described in section	3672
2941.142 of the Revised Code that charges the offender with having	3673
committed the felony while participating in a criminal gang, the	3674
court shall impose upon the offender an additional prison term of	3675
one, two, or three years.	3676

(H)(1) If an offender who is convicted of or pleads guilty to	3677
aggravated murder, murder, or a felony of the first, second, or	3678
third degree that is an offense of violence also is convicted of	3679
or pleads guilty to a specification of the type described in	3680
section 2941.143 of the Revised Code that charges the offender	3681
with having committed the offense in a school safety zone or	3682
towards a person in a school safety zone, the court shall impose	3683
upon the offender an additional prison term of two years. The	3684
offender shall serve the additional two years consecutively to and	3685
prior to the prison term imposed for the underlying offense.	3686

(2)(a) If an offender is convicted of or pleads guilty to a	3687
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	3688
of the Revised Code and to a specification of the type described	3689
in section 2941.1421 of the Revised Code and if the court imposes	3690
a prison term on the offender for the felony violation, the court	3691
may impose upon the offender an additional prison term as follows:	3692

(i) Subject to division (H)(2)(a)(ii) of this section, an	3693
additional prison term of one, two, three, four, five, or six	3694
months;	3695

(ii) If the offender previously has been convicted of or	3696
pleaded guilty to one or more felony or misdemeanor violations of	3697
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the	3698
Revised Code and also was convicted of or pleaded guilty to a	3699
specification of the type described in section 2941.1421 of the	3700
Revised Code regarding one or more of those violations, an	3701
additional prison term of one, two, three, four, five, six, seven,	3702
eight, nine, ten, eleven, or twelve months.	3703

(b) In lieu of imposing an additional prison term under	3704
division (H)(2)(a) of this section, the court may directly impose	3705
on the offender a sanction that requires the offender to wear a	3706
real-time processing, continual tracking electronic monitoring	3707
device during the period of time specified by the court. The	3708
period of time specified by the court shall equal the duration of	3709
an additional prison term that the court could have imposed upon	3710
the offender under division (H)(2)(a) of this section. A sanction	3711
imposed under this division shall commence on the date specified	3712
by the court, provided that the sanction shall not commence until	3713
after the offender has served the prison term imposed for the	3714
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25	3715
of the Revised Code and any residential sanction imposed for the	3716
violation under section 2929.16 of the Revised Code. A sanction	3717
imposed under this division shall be considered to be a community	3718
control sanction for purposes of section 2929.15 of the Revised	3719
Code, and all provisions of the Revised Code that pertain to	3720
community control sanctions shall apply to a sanction imposed	3721
under this division, except to the extent that they would by their	3722
nature be clearly inapplicable. The offender shall pay all costs	3723
associated with a sanction imposed under this division, including	3724
the cost of the use of the monitoring device.	3725

(I) At the time of sentencing, the court may recommend the	3726
offender for placement in a program of shock incarceration under	3727
section 5120.031 of the Revised Code or for placement in an	3728
intensive program prison under section 5120.032 of the Revised	3729
Code, disapprove placement of the offender in a program of shock	3730
incarceration or an intensive program prison of that nature, or	3731
make no recommendation on placement of the offender. In no case	3732
shall the department of rehabilitation and correction place the	3733
offender in a program or prison of that nature unless the	3734
department determines as specified in section 5120.031 or 5120.032	3735
of the Revised Code, whichever is applicable, that the offender is	3736
eligible for the placement.	3737

If the court disapproves placement of the offender in a	3738
program or prison of that nature, the department of rehabilitation	3739
and correction shall not place the offender in any program of	3740
shock incarceration or intensive program prison.	3741

If the court recommends placement of the offender in a	3742
program of shock incarceration or in an intensive program prison,	3743
and if the offender is subsequently placed in the recommended	3744
program or prison, the department shall notify the court of the	3745
placement and shall include with the notice a brief description of	3746
the placement.	3747

If the court recommends placement of the offender in a	3748
program of shock incarceration or in an intensive program prison	3749
and the department does not subsequently place the offender in the	3750
recommended program or prison, the department shall send a notice	3751
to the court indicating why the offender was not placed in the	3752
recommended program or prison.	3753

If the court does not make a recommendation under this	3754
division with respect to an offender and if the department	3755
determines as specified in section 5120.031 or 5120.032 of the	3756
Revised Code, whichever is applicable, that the offender is	3757
eligible for placement in a program or prison of that nature, the	3758
department shall screen the offender and determine if there is an	3759
available program of shock incarceration or an intensive program	3760
prison for which the offender is suited. If there is an available	3761
program of shock incarceration or an intensive program prison for	3762
which the offender is suited, the department shall notify the	3763
court of the proposed placement of the offender as specified in	3764
section 5120.031 or 5120.032 of the Revised Code and shall include	3765
with the notice a brief description of the placement. The court	3766
shall have ten days from receipt of the notice to disapprove the	3767
placement.	3768

(J) If a person is convicted of or pleads guilty to	3769
aggravated vehicular homicide in violation of division (A)(1) of	3770
section 2903.06 of the Revised Code and division (B)(2)(c) of that	3771
section applies, the person shall be sentenced pursuant to section	3772
2929.142 of the Revised Code.	3773

Sec. 2929.19. (A) The court shall hold a sentencing hearing	3774
before imposing a sentence under this chapter upon an offender who	3775
was convicted of or pleaded guilty to a felony and before	3776
resentencing an offender who was convicted of or pleaded guilty to	3777
a felony and whose case was remanded pursuant to section 2953.07	3778
or 2953.08 of the Revised Code. At the hearing, the offender, the	3779
prosecuting attorney, the victim or the victim's representative in	3780
accordance with section 2930.14 of the Revised Code, and, with the	3781
approval of the court, any other person may present information	3782
relevant to the imposition of sentence in the case. The court	3783
shall inform the offender of the verdict of the jury or finding of	3784
the court and ask the offender whether the offender has anything	3785
to say as to why sentence should not be imposed upon the offender.	3786

(B)(1) At the sentencing hearing, the court, before imposing	3787
sentence, shall consider the record, any information presented at	3788
the hearing by any person pursuant to division (A) of this	3789
section, and, if one was prepared, the presentence investigation	3790
report made pursuant to section 2951.03 of the Revised Code or	3791
Criminal Rule 32.2, and any victim impact statement made pursuant	3792
to section 2947.051 of the Revised Code.	3793

(2) Subject to division (B)(3) of this section, if the	3794
sentencing court determines at the sentencing hearing that a	3795
prison term is necessary or required, the court shall do all of	3796
the following:	3797

(a) Impose a stated prison term and, if the court imposes a	3798
mandatory prison term, notify the offender that the prison term is	3799
a mandatory prison term;	3800

(b) In addition to any other information, include in the	3801
sentencing entry the name and section reference to the offense or	3802
offenses, the sentence or sentences imposed and whether the	3803
sentence or sentences contain mandatory prison terms, if sentences	3804
are imposed for multiple counts whether the sentences are to be	3805
served concurrently or consecutively, and the name and section	3806
reference of any specification or specifications for which	3807
sentence is imposed and the sentence or sentences imposed for the	3808
specification or specifications;	3809

(c) Notify the offender that the offender will be supervised	3810
under section 2967.28 of the Revised Code after the offender	3811
leaves prison if the offender is being sentenced for a felony of	3812
the first degree or second degree, for a felony sex offense, or	3813
for a felony of the third degree that is not a felony sex offense	3814
and in the commission of which the offender caused or threatened	3815
to cause physical harm to a person. This division applies with	3816
respect to all prison terms imposed for an offense of a type	3817
described in this division, including a term imposed for any such	3818
offense that is a risk reduction sentence, as defined in section	3819
2967.28 of the Revised Code. If a court imposes a sentence	3820
including a prison term of a type described in division (B)(2)(c)	3821
of this section on or after July 11, 2006, the failure of a court	3822
to notify the offender pursuant to division (B)(2)(c) of this	3823
section that the offender will be supervised under section 2967.28	3824
of the Revised Code after the offender leaves prison or to include	3825
in the judgment of conviction entered on the journal a statement	3826
to that effect does not negate, limit, or otherwise affect the	3827
mandatory period of supervision that is required for the offender	3828
under division (B) of section 2967.28 of the Revised Code. Section	3829
2929.191 of the Revised Code applies if, prior to July 11, 2006, a	3830
court imposed a sentence including a prison term of a type	3831
described in division (B)(2)(c) of this section and failed to	3832
notify the offender pursuant to division (B)(2)(c) of this section	3833
regarding post-release control or to include in the judgment of	3834
conviction entered on the journal or in the sentence a statement	3835
regarding post-release control.	3836

(d) Notify the offender that the offender may be supervised	3837
under section 2967.28 of the Revised Code after the offender	3838
leaves prison if the offender is being sentenced for a felony of	3839
the third, fourth, or fifth degree that is not subject to division	3840
(B)(2)(c) of this section. This division applies with respect to	3841
all prison terms imposed for an offense of a type described in	3842
this division, including a term imposed for any such offense that	3843
is a risk reduction sentence, as defined in section 2967.28 of the	3844
Revised Code. Section 2929.191 of the Revised Code applies if,	3845
prior to July 11, 2006, a court imposed a sentence including a	3846
prison term of a type described in division (B)(2)(d) of this	3847
section and failed to notify the offender pursuant to division	3848
(B)(2)(d) of this section regarding post-release control or to	3849
include in the judgment of conviction entered on the journal or in	3850
the sentence a statement regarding post-release control.	3851

(e) Notify the offender that, if a period of supervision is	3852
imposed following the offender's release from prison, as described	3853
in division (B)(2)(c) or (d) of this section, and if the offender	3854
violates that supervision or a condition of post-release control	3855
imposed under division (B) of section 2967.131 of the Revised	3856
Code, the parole board may impose a prison term, as part of the	3857
sentence, of up to one-half of the stated prison term originally	3858
imposed upon the offender. If a court imposes a sentence including	3859
a prison term on or after July 11, 2006, the failure of a court to	3860
notify the offender pursuant to division (B)(2)(e) of this section	3861
that the parole board may impose a prison term as described in	3862
division (B)(2)(e) of this section for a violation of that	3863
supervision or a condition of post-release control imposed under	3864
division (B) of section 2967.131 of the Revised Code or to include	3865
in the judgment of conviction entered on the journal a statement	3866
to that effect does not negate, limit, or otherwise affect the	3867
authority of the parole board to so impose a prison term for a	3868
violation of that nature if, pursuant to division (D)(1) of	3869
section 2967.28 of the Revised Code, the parole board notifies the	3870
offender prior to the offender's release of the board's authority	3871
to so impose a prison term. Section 2929.191 of the Revised Code	3872
applies if, prior to July 11, 2006, a court imposed a sentence	3873
including a prison term and failed to notify the offender pursuant	3874
to division (B)(2)(e) of this section regarding the possibility of	3875
the parole board imposing a prison term for a violation of	3876
supervision or a condition of post-release control.	3877

(f) Require that the offender not ingest or be injected with	3878
a drug of abuse and submit to random drug testing as provided in	3879
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	3880
is applicable to the offender who is serving a prison term, and	3881
require that the results of the drug test administered under any	3882
of those sections indicate that the offender did not ingest or was	3883
not injected with a drug of abuse.	3884

(g)(i) Determine, notify the offender of, and include in the	3885
sentencing entry the number of days that the offender has been	3886
confined for any reason arising out of the offense for which the	3887
offender is being sentenced and by which the department of	3888
rehabilitation and correction must reduce the stated prison term	3889
under section 2967.191 of the Revised Code. The court's	3890
calculation shall not include the number of days, if any, that the	3891
offender previously served in the custody of the department of	3892
rehabilitation and correction arising out of the offense for which	3893
the prisoner was convicted and sentenced.	3894

(ii) In making a determination under division (B)(2)(g)(i) of	3895
this section, the court shall consider the arguments of the	3896
parties and conduct a hearing if one is requested.	3897

(iii) The sentencing court retains continuing jurisdiction to	3898
correct any error not previously raised at sentencing in making a	3899
determination under division (B)(2)(g)(i) of this section. The	3900
offender may, at any time after sentencing, file a motion in the	3901
sentencing court to correct any error made in making a	3902
determination under division (B)(2)(g)(i) of this section, and the	3903
court may in its discretion grant or deny that motion. If the	3904
court changes the number of days in its determination or	3905
redetermination, the court shall cause the entry granting that	3906
change to be delivered to the department of rehabilitation and	3907
correction without delay. Sections 2931.15 and 2953.21 of the	3908
Revised Code do not apply to a motion made under this section.	3909

(iv) An inaccurate determination under division (B)(2)(g)(i)	3910
of this section is not grounds for setting aside the offender's	3911
conviction or sentence and does not otherwise render the sentence	3912
void or voidable.	3913

(3)(a) The court shall include in the offender's sentence a	3914
statement that the offender is a tier III sex	3915
offender/child-victim offender, and the court shall comply with	3916
the requirements of section 2950.03 of the Revised Code if any of	3917
the following apply:	3918

(i) The offender is being sentenced for a violent sex offense	3919
or designated homicide, assault, or kidnapping offense that the	3920
offender committed on or after January 1, 1997, and the offender	3921
is adjudicated a sexually violent predator in relation to that	3922
offense.	3923

(ii) The offender is being sentenced for a sexually oriented	3924
offense that the offender committed on or after January 1, 1997,	3925
and the offender is a tier III sex offender/child-victim offender	3926
relative to that offense.	3927

(iii) The offender is being sentenced on or after July 31,	3928
2003, for a child-victim oriented offense, and the offender is a	3929
tier III sex offender/child-victim offender relative to that	3930
offense.	3931

(iv) The offender is being sentenced under section 2971.03 of	3932
the Revised Code for a violation of division (A)(1)(b) of section	3933
2907.02 of the Revised Code committed on or after January 2, 2007.	3934

(v) The offender is sentenced to a term of life without	3935
parole under division (B) of section 2907.02 of the Revised Code.	3936

(vi) The offender is being sentenced for attempted rape that	3937
was committed on or after January 2, 2007, or for attempted	3938
aggravated rape or attempted aggravated rape of a child, and in	3939
either case a specification of the type described in section	3940
2941.1418, 2941.1419, or 2941.1420 of the Revised Code.	3941

(vii) The offender is being sentenced under division	3942
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code	3943
for an offense described in those divisions committed on or after	3944
January 1, 2008.	3945

(b) Additionally, if any criterion set forth in divisions	3946
(B)(3)(a)(i) to (vii) of this section is satisfied, in the	3947
circumstances described in division (E) of section 2929.14 of the	3948
Revised Code, the court shall impose sentence on the offender as	3949
described in that division.	3950

(4) If the sentencing court determines at the sentencing	3951
hearing that a community control sanction should be imposed and	3952
the court is not prohibited from imposing a community control	3953
sanction, the court shall impose a community control sanction. The	3954
court shall notify the offender that, if the conditions of the	3955
sanction are violated, if the offender commits a violation of any	3956
law, or if the offender leaves this state without the permission	3957
of the court or the offender's probation officer, the court may	3958
impose a longer time under the same sanction, may impose a more	3959
restrictive sanction, or may impose a prison term on the offender	3960
and shall indicate the specific prison term that may be imposed as	3961
a sanction for the violation, as selected by the court from the	3962
range of prison terms for the offense pursuant to section 2929.14	3963
of the Revised Code.	3964

(5) Before imposing a financial sanction under section	3965
2929.18 of the Revised Code or a fine under section 2929.32 of the	3966
Revised Code, the court shall consider the offender's present and	3967
future ability to pay the amount of the sanction or fine.	3968

(6) If the sentencing court sentences the offender to a	3969
sanction of confinement pursuant to section 2929.14 or 2929.16 of	3970
the Revised Code that is to be served in a local detention	3971
facility, as defined in section 2929.36 of the Revised Code, and	3972
if the local detention facility is covered by a policy adopted	3973
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	3974
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code	3975
and section 2929.37 of the Revised Code, both of the following	3976
apply:	3977

(a) The court shall specify both of the following as part of	3978
the sentence:	3979

(i) If the offender is presented with an itemized bill	3980
pursuant to section 2929.37 of the Revised Code for payment of the	3981
costs of confinement, the offender is required to pay the bill in	3982
accordance with that section.	3983

(ii) If the offender does not dispute the bill described in	3984
division (B)(6)(a)(i) of this section and does not pay the bill by	3985
the times specified in section 2929.37 of the Revised Code, the	3986
clerk of the court may issue a certificate of judgment against the	3987
offender as described in that section.	3988

(b) The sentence automatically includes any certificate of	3989
judgment issued as described in division (B)(6)(a)(ii) of this	3990
section.	3991

(7) The failure of the court to notify the offender that a	3992
prison term is a mandatory prison term pursuant to division	3993
(B)(2)(a) of this section or to include in the sentencing entry	3994
any information required by division (B)(2)(b) of this section	3995
does not affect the validity of the imposed sentence or sentences.	3996
If the sentencing court notifies the offender at the sentencing	3997
hearing that a prison term is mandatory but the sentencing entry	3998
does not specify that the prison term is mandatory, the court may	3999
complete a corrected journal entry and send copies of the	4000
corrected entry to the offender and the department of	4001
rehabilitation and correction, or, at the request of the state,	4002
the court shall complete a corrected journal entry and send copies	4003
of the corrected entry to the offender and department of	4004
rehabilitation and correction.	4005

(C)(1) If the offender is being sentenced for a fourth degree	4006
felony OVI offense under division (G)(1) of section 2929.13 of the	4007
Revised Code, the court shall impose the mandatory term of local	4008
incarceration in accordance with that division, shall impose a	4009
mandatory fine in accordance with division (B)(3) of section	4010
2929.18 of the Revised Code, and, in addition, may impose	4011
additional sanctions as specified in sections 2929.15, 2929.16,	4012
2929.17, and 2929.18 of the Revised Code. The court shall not	4013
impose a prison term on the offender except that the court may	4014
impose a prison term upon the offender as provided in division	4015
(A)(1) of section 2929.13 of the Revised Code.	4016

(2) If the offender is being sentenced for a third or fourth	4017
degree felony OVI offense under division (G)(2) of section 2929.13	4018
of the Revised Code, the court shall impose the mandatory prison	4019
term in accordance with that division, shall impose a mandatory	4020
fine in accordance with division (B)(3) of section 2929.18 of the	4021
Revised Code, and, in addition, may impose an additional prison	4022
term as specified in section 2929.14 of the Revised Code. In	4023
addition to the mandatory prison term or mandatory prison term and	4024
additional prison term the court imposes, the court also may	4025
impose a community control sanction on the offender, but the	4026
offender shall serve all of the prison terms so imposed prior to	4027
serving the community control sanction.	4028

(D) The sentencing court, pursuant to division (I)(1) of	4029
section 2929.14 of the Revised Code, may recommend placement of	4030
the offender in a program of shock incarceration under section	4031
5120.031 of the Revised Code or an intensive program prison under	4032
section 5120.032 of the Revised Code, disapprove placement of the	4033
offender in a program or prison of that nature, or make no	4034
recommendation. If the court recommends or disapproves placement,	4035
it shall make a finding that gives its reasons for its	4036
recommendation or disapproval.	4037

Sec. 2929.34. (A) A person who is convicted of or pleads	4038
guilty to aggravated murder, murder, aggravated rape, aggravated	4039
rape of a child, aggravated sexual battery, aggravated sexual	4040
battery of a child, aggravated unlawful sexual conduct with a	4041
minor, or an offense punishable by life imprisonment and who is	4042
sentenced to a term of life imprisonment or a prison term pursuant	4043
to that conviction shall serve that term in an institution under	4044
the control of the department of rehabilitation and correction.	4045

(B)(1) A person who is convicted of or pleads guilty to a	4046
felony other than aggravated murder, murder, aggravated rape,	4047
aggravated rape of a child, aggravated sexual battery, aggravated	4048
sexual battery of a child, aggravated unlawful sexual conduct with	4049
a minor, or an offense punishable by life imprisonment and who is	4050
sentenced to a term of imprisonment or a prison term pursuant to	4051
that conviction shall serve that term as follows:	4052

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	4053
section, in an institution under the control of the department of	4054
rehabilitation and correction if the term is a prison term or as	4055
otherwise determined by the sentencing court pursuant to section	4056
2929.16 of the Revised Code if the term is not a prison term;	4057

(b) In a facility of a type described in division (G)(1) of	4058
section 2929.13 of the Revised Code, if the offender is sentenced	4059
pursuant to that division.	4060

(2) If the term is a prison term, the person may be	4061
imprisoned in a jail that is not a minimum security jail pursuant	4062
to agreement under section 5120.161 of the Revised Code between	4063
the department of rehabilitation and correction and the local	4064
authority that operates the jail.	4065

(C) A person who is convicted of or pleads guilty to one or	4066
more misdemeanors and who is sentenced to a jail term or term of	4067
imprisonment pursuant to the conviction or convictions shall serve	4068
that term in a county, multicounty, municipal, municipal-county,	4069
or multicounty-municipal jail or workhouse; in a community	4070
alternative sentencing center or district community alternative	4071
sentencing center when authorized by section 307.932 of the	4072
Revised Code; or, if the misdemeanor or misdemeanors are not	4073
offenses of violence, in a minimum security jail.	4074

(D) Nothing in this section prohibits the commitment,	4075
referral, or sentencing of a person who is convicted of or pleads	4076
guilty to a felony to a community-based correctional facility.	4077

Sec. 2937.222. (A) On the motion of the prosecuting attorney	4078
or on the judge's own motion, the judge shall hold a hearing to	4079
determine whether an accused person charged with aggravated	4080
murder, aggravated rape, aggravated rape of a child, aggravated	4081
sexual battery, aggravated sexual battery of a child, or	4082
aggravated unlawful sexual conduct with a minor when it is not a	4083
capital offense, murder, a felony of the first or second degree, a	4084
violation of section 2903.06 of the Revised Code, a violation of	4085
section 2903.211 of the Revised Code that is a felony, or a felony	4086
OVI offense shall be denied bail. The judge shall order that the	4087
accused be detained until the conclusion of the hearing. Except	4088
for good cause, a continuance on the motion of the state shall not	4089
exceed three court days. Except for good cause, a continuance on	4090
the motion of the accused shall not exceed five court days unless	4091
the motion of the accused waives in writing the five-day limit and	4092
states in writing a specific period for which the accused requests	4093
a continuance. A continuance granted upon a motion of the accused	4094
that waives in writing the five-day limit shall not exceed five	4095
court days after the period of continuance requested in the	4096
motion.	4097

At the hearing, the accused has the right to be represented	4098
by counsel and, if the accused is indigent, to have counsel	4099
appointed. The judge shall afford the accused an opportunity to	4100
testify, to present witnesses and other information, and to	4101
cross-examine witnesses who appear at the hearing. The rules	4102
concerning admissibility of evidence in criminal trials do not	4103
apply to the presentation and consideration of information at the	4104
hearing. Regardless of whether the hearing is being held on the	4105
motion of the prosecuting attorney or on the court's own motion,	4106
the state has the burden of proving that the proof is evident or	4107
the presumption great that the accused committed the offense with	4108
which the accused is charged, of proving that the accused poses a	4109
substantial risk of serious physical harm to any person or to the	4110
community, and of proving that no release conditions will	4111
reasonably assure the safety of that person and the community.	4112

The judge may reopen the hearing at any time before trial if	4113
the judge finds that information exists that was not known to the	4114
movant at the time of the hearing and that that information has a	4115
material bearing on whether bail should be denied. If a municipal	4116
court or county court enters an order denying bail, a judge of the	4117
court of common pleas having jurisdiction over the case may	4118
continue that order or may hold a hearing pursuant to this section	4119
to determine whether to continue that order.	4120

(B) No accused person shall be denied bail pursuant to this	4121
section unless the judge finds by clear and convincing evidence	4122
that the proof is evident or the presumption great that the	4123
accused committed the offense described in division (A) of this	4124
section with which the accused is charged, finds by clear and	4125
convincing evidence that the accused poses a substantial risk of	4126
serious physical harm to any person or to the community, and finds	4127
by clear and convincing evidence that no release conditions will	4128
reasonably assure the safety of that person and the community.	4129

(C) The judge, in determining whether the accused person	4130
described in division (A) of this section poses a substantial risk	4131
of serious physical harm to any person or to the community and	4132
whether there are conditions of release that will reasonably	4133
assure the safety of that person and the community, shall consider	4134
all available information regarding all of the following:	4135

(1) The nature and circumstances of the offense charged,	4136
including whether the offense is an offense of violence or	4137
involves alcohol or a drug of abuse;	4138

(2) The weight of the evidence against the accused;

4139

(3) The history and characteristics of the accused,	4140
including, but not limited to, both of the following:	4141

(a) The character, physical and mental condition, family	4142
ties, employment, financial resources, length of residence in the	4143
community, community ties, past conduct, history relating to drug	4144
or alcohol abuse, and criminal history of the accused;	4145

(b) Whether, at the time of the current alleged offense or at	4146
the time of the arrest of the accused, the accused was on	4147
probation, parole, post-release control, or other release pending	4148
trial, sentencing, appeal, or completion of sentence for the	4149
commission of an offense under the laws of this state, another	4150
state, or the United States or under a municipal ordinance.	4151

(4) The nature and seriousness of the danger to any person or	4152
the community that would be posed by the person's release.	4153

(D)(1) An order of the court of common pleas denying bail	4154
pursuant to this section is a final appealable order. In an appeal	4155
pursuant to division (D) of this section, the court of appeals	4156
shall do all of the following:	4157

(a) Give the appeal priority on its calendar;

4158

(b) Liberally modify or dispense with formal requirements in	4159
the interest of a speedy and just resolution of the appeal;	4160

4161

(d) Promptly enter its judgment affirming or reversing the	4162
order denying bail.	4163

(2) The pendency of an appeal under this section does not	4164
deprive the court of common pleas of jurisdiction to conduct	4165
further proceedings in the case or to further consider the order	4166
denying bail in accordance with this section. If, during the	4167
pendency of an appeal under division (D) of this section, the	4168
court of common pleas sets aside or terminates the order denying	4169
bail, the court of appeals shall dismiss the appeal.	4170

(E) As used in this section:

4171

(1) "Court day" has the same meaning as in section 5122.01 of	4172
the Revised Code.	4173

(2) "Felony OVI offense" means a third degree felony OVI	4174
offense and a fourth degree felony OVI offense.	4175

(3) "Fourth degree felony OVI offense" and "third degree	4176
felony OVI offense" have the same meanings as in section 2929.01	4177
of the Revised Code.	4178

Sec. 2941.14. (A) In an indictment for aggravated murder,	4179
murder, or voluntary or involuntary manslaughter, the manner in	4180
which, or the means by which the death was caused need not be set	4181
forth.	4182

(B) Imposition of the death penalty for aggravated murder is	4183
precluded unless the indictment or count in the indictment	4184
charging the offense specifies one or more of the aggravating	4185
circumstances listed in division (A) of section 2929.04 of the	4186
Revised Code, and imposition of the death penalty for aggravated	4187
rape, aggravated rape of a child, aggravated sexual battery,	4188
aggravated sexual battery of a child, or aggravated unlawful	4189
sexual conduct with a minor is precluded unless the indictment or	4190
count in the indictment charging the offense specifies one or more	4191
of the aggravating circumstances listed in division (C) of that	4192
section. If more than one aggravating circumstance is specified to	4193
an indictment or count, each shall be in a separately numbered	4194
specification, and if an aggravating circumstance is specified to	4195
a count in an indictment containing more than one count, such	4196
specification shall be identified as to the count to which it	4197
applies.	4198

(C) A specification to an indictment or count in an	4199
indictment charging aggravated murder, aggravated rape, aggravated	4200
rape of a child, aggravated sexual battery, aggravated sexual	4201
battery of a child, or aggravated unlawful sexual conduct with a	4202
minor shall be stated at the end of the body of the indictment or	4203
count, and may be in substantially the following form:	4204

"SPECIFICATION (or, SPECIFICATION 1, SPECIFICATION TO THE	4205
FIRST COUNT, or SPECIFICATION 1 TO THE FIRST COUNT). The Grand	4206
Jurors further find and specify that (set forth the applicable	4207
aggravating circumstance listed in divisions (A)(1) to (10) of	4208
section 2929.04 of the Revised Code for aggravated murder or the	4209
applicable aggravating circumstance listed in divisions (C)(1) to	4210
(9) of that section for aggravated rape, aggravated rape of a	4211
child, aggravated sexual battery, aggravated sexual battery of a	4212
child, or aggravated unlawful sexual conduct with a minor. The	4213
aggravating circumstance may be stated in the words of the	4214
subdivision in which it appears, or in words sufficient to give	4215
the accused notice of the same)."	4216

Sec. 2941.148. (A)(1) The application of Chapter 2971. of	4217
the Revised Code to an offender is precluded unless one of the	4218
following applies:	4219

(a) The offender is charged with a violent sex offense, and	4220
the indictment, count in the indictment, or information charging	4221
the violent sex offense also includes a specification that the	4222
offender is a sexually violent predator, or the offender is	4223
charged with a designated homicide, assault, or kidnapping	4224
offense, and the indictment, count in the indictment, or	4225
information charging the designated homicide, assault, or	4226
kidnapping offense also includes both a specification of the type	4227
described in section 2941.147 of the Revised Code and a	4228
specification that the offender is a sexually violent predator.	4229

(b) The offender is convicted of or pleads guilty to a	4230
violation of division (A)(1)(b) of section 2907.02 of the Revised	4231
Code committed on or after January 2, 2007, and division (B) of	4232
section 2907.02 of the Revised Code does not prohibit the court	4233
from sentencing the offender pursuant to section 2971.03 of the	4234
Revised Code.	4235

(c) The offender is convicted of or pleads guilty to	4236
attempted rape that was committed on or after January 2, 2007, or	4237
is convicted of or pleads guilty to attempted aggravated rape or	4238
attempted aggravated rape of a child and toin either case a	4239
specification of the type described in section 2941.1418,	4240
2941.1419, or 2941.1420 of the Revised Code.	4241

(d) The offender is convicted of or pleads guilty to a	4242
violation of section 2905.01 of the Revised Code and to a	4243
specification of the type described in section 2941.147 of the	4244
Revised Code, and section 2905.01 of the Revised Code requires a	4245
court to sentence the offender pursuant to section 2971.03 of the	4246
Revised Code.	4247

(e) The offender is convicted of or pleads guilty to	4248
aggravated murder and to a specification of the type described in	4249
section 2941.147 of the Revised Code, and division (A)(2)(b)(ii)	4250
of section 2929.022, division (A)(1)(e), (C)(1)(a)(v),	4251
(C)(2)(a)(ii), (D)(2)~~(b)~~(a)(ii), (D)(3)(a)(iv), or (E)(1)(d) of	4252
section 2929.03, or division (A) or (B) of section 2929.06 of the	4253
Revised Code requires a court to sentence the offender pursuant to	4254
division (B)(3) of section 2971.03 of the Revised Code.	4255

(f) The offender is convicted of or pleads guilty to murder	4256
and to a specification of the type described in section 2941.147	4257
of the Revised Code, and division (B)(2) of section 2929.02 of the	4258
Revised Code requires a court to sentence the offender pursuant to	4259
section 2971.03 of the Revised Code.	4260

(2) A specification required under division (A)(1)(a) of this	4261
section that an offender is a sexually violent predator shall be	4262
stated at the end of the body of the indictment, count, or	4263
information and shall be stated in substantially the following	4264
form:	4265

"Specification (or, specification to the first count). The	4266
grand jury (or insert the person's or prosecuting attorney's name	4267
when appropriate) further find and specify that the offender is a	4268
sexually violent predator."	4269

(B) In determining for purposes of this section whether a	4270
person is a sexually violent predator, all of the factors set	4271
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised	4272
Code that apply regarding the person may be considered as evidence	4273
tending to indicate that it is likely that the person will engage	4274
in the future in one or more sexually violent offenses.	4275

(C) As used in this section, "designated homicide, assault,	4276
or kidnapping offense," "violent sex offense," and "sexually	4277
violent predator" have the same meanings as in section 2971.01 of	4278
the Revised Code.	4279

Sec. 2941.1418. (A) Imposition of a mandatory indefinite	4280
prison term consisting of a minimum term of five years and a	4281
maximum term of twenty-five years upon an offender pursuant to	4282
division (A)(3)(e)(ii) or (B)(2)(a) of section 2971.03 of the	4283
Revised Code is precluded unless the offender is convicted of or	4284
pleads guilty to attempted rape, attempted aggravated rape, or	4285
attempted aggravated rape of a child and unless the indictment,	4286
count in the indictment, or information charging the offense	4287
specifies that the offender was sixteen years of age or older at	4288
the time of the commission of the offense and that, had the	4289
offender completed the rape, aggravated rape, or aggravated rape	4290
of a child that was attempted, the offender would have been guilty	4291
of rape in violation of division (A)(1)(b) of section 2907.02 of	4292
the Revised Code or would have been guilty of aggravated rape or	4293
aggravated rape of a child based on conduct of a type described in	4294
that division.	4295

(B) The specification shall be stated at the end of the body	4296
of the indictment, count, or information and shall be stated in	4297
substantially the following form:	4298

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	4299
Grand Jurors (or insert the person's or the prosecuting attorney's	4300
name when appropriate) further find and specify that (set forth	4301
that the offender was sixteen years of age or older at the time of	4302
the commission of the offense and that, had the offender completed	4303
the rape, aggravated rape, or aggravated rape of a child that was	4304
attempted, the offender would have been guilty of a violation of	4305
division (A)(1)(b) of section 2907.02 of the Revised Code or would	4306
have been guilty of a violation of division (A)(3)(a) or (b) of	4307
that section based on conduct of a type described in division	4308
(A)(1)(b) of that section)."	4309

Sec. 2941.1419. Imposition of a mandatory indefinite prison	4310
term consisting of a minimum term of ten years and a maximum term	4311
of life imprisonment upon an offender pursuant to division	4312
(A)(3)(e)(iii) or (B)(2)(b) of section 2971.03 of the Revised Code	4313
is precluded unless the offender is convicted of or pleads guilty	4314
to attempted rape, attempted aggravated rape, or attempted	4315
aggravated rape of a child and unless the indictment, count in the	4316
indictment, or information charging the offense specifies that,	4317
had the offender completed the rape, aggravated rape, or	4318
aggravated rape of a child that was attempted, the offender would	4319
have been guilty of rape in violation of division (A)(1)(b) of	4320
section 2907.02 of the Revised Code or would have been guilty of	4321
attempted aggravated rape or attempted aggravated rape of a child	4322
based on conduct of a type described in that division and	4323
specifies that one of the following applies:	4324

(A) The victim was under ten years of age.

4325

(B) The offender attempted to commit rape, aggravated rape,	4326
or aggravated rape of a child by purposely compelling the victim	4327
to submit by force or threat of force, and the offender was	4328
sixteen years of age or older at the time of the commission of the	4329
offense.	4330

The specification shall be stated at the end of the body of	4331
the indictment, count, or information and shall be stated in	4332
substantially the following form:	4333

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	4334
Grand Jurors (or insert the person's or the prosecuting attorney's	4335
name when appropriate) further find and specify that (set forth	4336
that, had the offender completed the rape, aggravated rape, or	4337
aggravated rape of a child that was attempted, the offender would	4338
have been guilty of a violation of division (A)(1)(b) of section	4339
2907.02 of the Revised Code~~, and~~or would have been guilty of a	4340
violation of division (A)(3)(a) or (b) of that section based on	4341
conduct of a type described in division (A)(1)(b) of that section,	4342
and either: (1) the victim was under ten years of age, or (2) the	4343
offender attempted to commit rape, aggravated rape, or aggravated	4344
rape of a child by purposely compelling the victim to submit by	4345
force or threat of force, and the offender was sixteen years of	4346
age or older at the time of the commission of the offense)."	4347

Sec. 2941.1420. (A) Imposition of a mandatory indefinite	4348
prison term consisting of a minimum term of fifteen years and a	4349
maximum term of life imprisonment upon an offender pursuant to	4350
division (A)(3)(e)(iv) or (B)(2)(c) of section 2971.03 of the	4351
Revised Code is precluded unless the offender is convicted of or	4352
pleads guilty to attempted rape, attempted aggravated rape, or	4353
attempted aggravated rape of a child and unless the indictment,	4354
count in the indictment, or information charging the offense	4355
specifies that, had the offender completed the rape, aggravated	4356
rape, or aggravated rape of a child that was attempted, the	4357
offender would have been guilty of rape in violation of division	4358
(A)(1)(b) of section 2907.02 of the Revised Code or would have	4359
been guilty of attempted aggravated rape or attempted aggravated	4360
rape of a child based on conduct of a type described in that	4361
division, and any of the following apply:	4362

(1) The offender previously has been convicted of or pleaded	4363
guilty to one of the following:	4364

(a) Attempted rape, attempted aggravated rape, or attempted	4365
aggravated rape of a child and previously has been convicted of or	4366
pleaded guilty to a specification of the type described in this	4367
section or section 2941.1418 or 2941.1419 of the Revised Code;	4368

(b) Attempted rape, attempted aggravated rape, or attempted	4369
aggravated rape of a child under circumstances that are	4370
substantially similar to the circumstances described in this	4371
section or section 2941.1419 or 2941.1420 of the Revised Code;	4372

(c) A violation of an existing or former law of this state,	4373
another state, or the United States that is substantially similar	4374
to any of the offenses described in divisions (A)(1)(a) and (b) of	4375
this section.	4376

(2) The offender previously has been convicted of or pleaded	4377
guilty to violating division (A)(1)(b) of section 2907.02 of the	4378
Revised Code, to violating division (A)(3)(a) or (b) of that	4379
section based on conduct of a type described in division (A)(1)(b)	4380
of that section, or to violating a substantially similar existing	4381
or former law of this state, another state, or the United States.	4382

(3) The offender during or immediately after the commission	4383
of the offense caused serious physical harm to the victim.	4384

(B) The specification shall be stated at the end of the body	4385
of the indictment, count, or information and shall be stated in	4386
substantially the following form:	4387

"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The	4388
Grand Jurors (or insert the person's or the prosecuting attorney's	4389
name when appropriate) further find and specify that (set forth	4390
that, had the offender completed the rape, aggravated rape, or	4391
aggravated rape of a child that was attempted, the offender would	4392
have been guilty of a violation of division (A)(1)(b) of section	4393
2907.02 of the Revised Code~~, and~~or would have been guilty of a	4394
violation of division (A)(3)(a) or (b) of that section based on	4395
conduct of a type described in division (A)(1)(b) of that section,	4396
and one of the following applies: (1) the offender previously has	4397
been convicted of or pleaded guilty to attempted rape, attempted	4398
aggravated rape, or attempted aggravated rape of a child and	4399
previously has been convicted of or pleaded guilty to a	4400
specification of the type described in this section or section	4401
2941.1418 or 2941.1419 of the Revised Code, previously has been	4402
convicted of or pleaded guilty to attempted rape, attempted	4403
aggravated rape, or attempted aggravated rape of a child under	4404
circumstances that are substantially similar to the circumstances	4405
described in this section or section 2941.1419 or 2941.1420 of the	4406
Revised Code, or previously has been convicted of or pleaded	4407
guilty to violating a substantially similar existing or former law	4408
of this state, another state, or the United States; (2) the	4409
offender previously has been convicted of or pleaded guilty to	4410
violating division (A)(1)(b) of section 2907.02 of the Revised	4411
Code, to violating division (A)(3)(a) or (b) of that section based	4412
on conduct of a type described in division (A)(1)(b) of that	4413
section, or to violating a substantially similar existing or	4414
former law of this state, another state, or the United States; or	4415
(3) the offender during or immediately after the commission of the	4416
offense caused serious physical harm to the victim)."	4417

Sec. 2945.06. In any case in which a defendant waives his	4418
right to trial by jury and elects to be tried by the court under	4419
section 2945.05 of the Revised Code, any judge of the court in	4420
which the cause is pending shall proceed to hear, try, and	4421
determine the cause in accordance with the rules and in like	4422
manner as if the cause were being tried before a jury. If the	4423
accused is charged with an offense punishable with death, hethe	4424
accused shall be tried by a court to be composed of three judges,	4425
consisting of the judge presiding at the time in the trial of	4426
criminal cases and two other judges to be designated by the	4427
presiding judge or chief justice of that court, and in case there	4428
is neither a presiding judge nor a chief justice, by the chief	4429
justice of the supreme court. The judges or a majority of them may	4430
decide all questions of fact and law arising upon the trial;	4431
however the accused shall not be found guilty or not guilty of any	4432
offense unless the judges unanimously find the accused guilty or	4433
not guilty. If the accused pleads guilty ofto aggravated murder,	4434
aggravated rape, aggravated rape of a child, aggravated sexual	4435
battery, aggravated sexual battery of a child, or aggravated	4436
unlawful sexual conduct with a minor, a court composed of three	4437
judges shall examine the witnesses, determine whether the accused	4438
is guilty of aggravated murder, aggravated rape, aggravated rape	4439
of a child, aggravated sexual battery, aggravated sexual battery	4440
of a child, aggravated unlawful sexual conduct with a minor, or	4441
any other offense, and pronounce sentence accordingly. The court	4442
shall follow the procedures contained in sections 2929.03 and	4443
2929.04 of the Revised Code in all cases in which the accused is	4444
charged with an offense punishable by death. If in the composition	4445
of the court it is necessary that a judge from another county be	4446
assigned by the chief justice, the judge from another county shall	4447
be compensated for his services as provided by section 141.07 of	4448
the Revised Code.	4449

Sec. 2945.38. (A) If the issue of a defendant's competence	4450
to stand trial is raised and if the court, upon conducting the	4451
hearing provided for in section 2945.37 of the Revised Code, finds	4452
that the defendant is competent to stand trial, the defendant	4453
shall be proceeded against as provided by law. If the court finds	4454
the defendant competent to stand trial and the defendant is	4455
receiving psychotropic drugs or other medication, the court may	4456
authorize the continued administration of the drugs or medication	4457
or other appropriate treatment in order to maintain the	4458
defendant's competence to stand trial, unless the defendant's	4459
attending physician advises the court against continuation of the	4460
drugs, other medication, or treatment.	4461

(B)(1)(a) If, after taking into consideration all relevant	4462
reports, information, and other evidence, the court finds that the	4463
defendant is incompetent to stand trial and that there is a	4464
substantial probability that the defendant will become competent	4465
to stand trial within one year if the defendant is provided with a	4466
course of treatment, the court shall order the defendant to	4467
undergo treatment. If the defendant has been charged with a felony	4468
offense and if, after taking into consideration all relevant	4469
reports, information, and other evidence, the court finds that the	4470
defendant is incompetent to stand trial, but the court is unable	4471
at that time to determine whether there is a substantial	4472
probability that the defendant will become competent to stand	4473
trial within one year if the defendant is provided with a course	4474
of treatment, the court shall order continuing evaluation and	4475
treatment of the defendant for a period not to exceed four months	4476
to determine whether there is a substantial probability that the	4477
defendant will become competent to stand trial within one year if	4478
the defendant is provided with a course of treatment.	4479

(b) The court order for the defendant to undergo treatment or	4480
continuing evaluation and treatment under division (B)(1)(a) of	4481
this section shall specify that the defendant, if determined to	4482
require mental health treatment or continuing evaluation and	4483
treatment, either shall be committed to the department of mental	4484
health for treatment or continuing evaluation and treatment at a	4485
hospital, facility, or agency, as determined to be clinically	4486
appropriate by the department of mental health or shall be	4487
committed to a facility certified by the department of mental	4488
health as being qualified to treat mental illness, to a public or	4489
community mental health facility, or to a psychiatrist or another	4490
mental health professional for treatment or continuing evaluation	4491
and treatment. Prior to placing the defendant, the department of	4492
mental health shall obtain court approval for that placement	4493
following a hearing. The court order for the defendant to undergo	4494
treatment or continuing evaluation and treatment under division	4495
(B)(1)(a) of this section shall specify that the defendant, if	4496
determined to require treatment or continuing evaluation and	4497
treatment for mental retardation, shall receive treatment or	4498
continuing evaluation and treatment at an institution or facility	4499
operated by the department of developmental disabilities, at a	4500
facility certified by the department of developmental disabilities	4501
as being qualified to treat mental retardation, at a public or	4502
private mental retardation facility, or by a psychiatrist or	4503
another mental retardation professional. In any case, the order	4504
may restrict the defendant's freedom of movement as the court	4505
considers necessary. The prosecutor in the defendant's case shall	4506
send to the chief clinical officer of the hospital, facility, or	4507
agency where the defendant is placed by the department of mental	4508
health, or to the managing officer of the institution, the	4509
director of the program or facility, or the person to which the	4510
defendant is committed, copies of relevant police reports and	4511
other background information that pertains to the defendant and is	4512
available to the prosecutor unless the prosecutor determines that	4513
the release of any of the information in the police reports or any	4514
of the other background information to unauthorized persons would	4515
interfere with the effective prosecution of any person or would	4516
create a substantial risk of harm to any person.	4517

In determining the place of commitment, the court shall	4518
consider the extent to which the person is a danger to the person	4519
and to others, the need for security, and the type of crime	4520
involved and shall order the least restrictive alternative	4521
available that is consistent with public safety and treatment	4522
goals. In weighing these factors, the court shall give preference	4523
to protecting public safety.	4524

(c) If the defendant is found incompetent to stand trial, if	4525
the chief clinical officer of the hospital, facility, or agency	4526
where the defendant is placed, or the managing officer of the	4527
institution, the director of the program or facility, or the	4528
person to which the defendant is committed for treatment or	4529
continuing evaluation and treatment under division (B)(1)(b) of	4530
this section determines that medication is necessary to restore	4531
the defendant's competency to stand trial, and if the defendant	4532
lacks the capacity to give informed consent or refuses medication,	4533
the chief clinical officer of the hospital, facility, or agency	4534
where the defendant is placed, or the managing officer of the	4535
institution, the director of the program or facility, or the	4536
person to which the defendant is committed for treatment or	4537
continuing evaluation and treatment may petition the court for	4538
authorization for the involuntary administration of medication.	4539
The court shall hold a hearing on the petition within five days of	4540
the filing of the petition if the petition was filed in a	4541
municipal court or a county court regarding an incompetent	4542
defendant charged with a misdemeanor or within ten days of the	4543
filing of the petition if the petition was filed in a court of	4544
common pleas regarding an incompetent defendant charged with a	4545
felony offense. Following the hearing, the court may authorize the	4546
involuntary administration of medication or may dismiss the	4547
petition.	4548

(2) If the court finds that the defendant is incompetent to	4549
stand trial and that, even if the defendant is provided with a	4550
course of treatment, there is not a substantial probability that	4551
the defendant will become competent to stand trial within one	4552
year, the court shall order the discharge of the defendant, unless	4553
upon motion of the prosecutor or on its own motion, the court	4554
either seeks to retain jurisdiction over the defendant pursuant to	4555
section 2945.39 of the Revised Code or files an affidavit in the	4556
probate court for the civil commitment of the defendant pursuant	4557
to Chapter 5122. or 5123. of the Revised Code alleging that the	4558
defendant is a mentally ill person subject to hospitalization by	4559
court order or a mentally retarded person subject to	4560
institutionalization by court order. If an affidavit is filed in	4561
the probate court, the trial court shall send to the probate court	4562
copies of all written reports of the defendant's mental condition	4563
that were prepared pursuant to section 2945.371 of the Revised	4564
Code.	4565

The trial court may issue the temporary order of detention	4566
that a probate court may issue under section 5122.11 or 5123.71 of	4567
the Revised Code, to remain in effect until the probable cause or	4568
initial hearing in the probate court. Further proceedings in the	4569
probate court are civil proceedings governed by Chapter 5122. or	4570
5123. of the Revised Code.	4571

(C) No defendant shall be required to undergo treatment,	4572
including any continuing evaluation and treatment, under division	4573
(B)(1) of this section for longer than whichever of the following	4574
periods is applicable:	4575

(1) One year, if the most serious offense with which the	4576
defendant is charged is one of the following offenses:	4577

(a) Aggravated murder, murder, aggravated rape, aggravated	4578
rape of a child, aggravated sexual battery, aggravated sexual	4579
battery of a child, aggravated unlawful sexual conduct with a	4580
minor, or an offense of violence for which a sentence of death or	4581
life imprisonment may be imposed;	4582

(b) An offense of violence that is a felony of the first or	4583
second degree;	4584

(c) A conspiracy to commit, an attempt to commit, or	4585
complicity in the commission of an offense described in division	4586
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or	4587
complicity is a felony of the first or second degree.	4588

(2) Six months, if the most serious offense with which the	4589
defendant is charged is a felony other than a felony described in	4590
division (C)(1) of this section;	4591

(3) Sixty days, if the most serious offense with which the	4592
defendant is charged is a misdemeanor of the first or second	4593
degree;	4594

(4) Thirty days, if the most serious offense with which the	4595
defendant is charged is a misdemeanor of the third or fourth	4596
degree, a minor misdemeanor, or an unclassified misdemeanor.	4597

(D) Any defendant who is committed pursuant to this section	4598
shall not voluntarily admit the defendant or be voluntarily	4599
admitted to a hospital or institution pursuant to section 5122.02,	4600
5122.15, 5123.69, or 5123.76 of the Revised Code.	4601

(E) Except as otherwise provided in this division, a	4602
defendant who is charged with an offense and is committed by the	4603
court under this section to the department of mental health or is	4604
committed to an institution or facility for the treatment of	4605
mental retardation shall not be granted unsupervised on-grounds	4606
movement, supervised off-grounds movement, or nonsecured status	4607
except in accordance with the court order. The court may grant a	4608
defendant supervised off-grounds movement to obtain medical	4609
treatment or specialized habilitation treatment services if the	4610
person who supervises the treatment or the continuing evaluation	4611
and treatment of the defendant ordered under division (B)(1)(a) of	4612
this section informs the court that the treatment or continuing	4613
evaluation and treatment cannot be provided at the hospital or	4614
facility where the defendant is placed by the department of mental	4615
health or the institution or facility to which the defendant is	4616
committed. The chief clinical officer of the hospital or facility	4617
where the defendant is placed by the department of mental health	4618
or the managing officer of the institution or director of the	4619
facility to which the defendant is committed, or a designee of any	4620
of those persons, may grant a defendant movement to a medical	4621
facility for an emergency medical situation with appropriate	4622
supervision to ensure the safety of the defendant, staff, and	4623
community during that emergency medical situation. The chief	4624
clinical officer of the hospital or facility where the defendant	4625
is placed by the department of mental health or the managing	4626
officer of the institution or director of the facility to which	4627
the defendant is committed shall notify the court within	4628
twenty-four hours of the defendant's movement to the medical	4629
facility for an emergency medical situation under this division.	4630

(F) The person who supervises the treatment or continuing	4631
evaluation and treatment of a defendant ordered to undergo	4632
treatment or continuing evaluation and treatment under division	4633
(B)(1)(a) of this section shall file a written report with the	4634
court at the following times:	4635

(1) Whenever the person believes the defendant is capable of	4636
understanding the nature and objective of the proceedings against	4637
the defendant and of assisting in the defendant's defense;	4638

(2) For a felony offense, fourteen days before expiration of	4639
the maximum time for treatment as specified in division (C) of	4640
this section and fourteen days before the expiration of the	4641
maximum time for continuing evaluation and treatment as specified	4642
in division (B)(1)(a) of this section, and, for a misdemeanor	4643
offense, ten days before the expiration of the maximum time for	4644
treatment, as specified in division (C) of this section;	4645

(3) At a minimum, after each six months of treatment;

4646

(4) Whenever the person who supervises the treatment or	4647
continuing evaluation and treatment of a defendant ordered under	4648
division (B)(1)(a) of this section believes that there is not a	4649
substantial probability that the defendant will become capable of	4650
understanding the nature and objective of the proceedings against	4651
the defendant or of assisting in the defendant's defense even if	4652
the defendant is provided with a course of treatment.	4653

(G) A report under division (F) of this section shall contain	4654
the examiner's findings, the facts in reasonable detail on which	4655
the findings are based, and the examiner's opinion as to the	4656
defendant's capability of understanding the nature and objective	4657
of the proceedings against the defendant and of assisting in the	4658
defendant's defense. If, in the examiner's opinion, the defendant	4659
remains incapable of understanding the nature and objective of the	4660
proceedings against the defendant and of assisting in the	4661
defendant's defense and there is a substantial probability that	4662
the defendant will become capable of understanding the nature and	4663
objective of the proceedings against the defendant and of	4664
assisting in the defendant's defense if the defendant is provided	4665
with a course of treatment, if in the examiner's opinion the	4666
defendant remains mentally ill or mentally retarded, and if the	4667
maximum time for treatment as specified in division (C) of this	4668
section has not expired, the report also shall contain the	4669
examiner's recommendation as to the least restrictive placement or	4670
commitment alternative that is consistent with the defendant's	4671
treatment needs for restoration to competency and with the safety	4672
of the community. The court shall provide copies of the report to	4673
the prosecutor and defense counsel.	4674

(H) If a defendant is committed pursuant to division (B)(1)	4675
of this section, within ten days after the treating physician of	4676
the defendant or the examiner of the defendant who is employed or	4677
retained by the treating facility advises that there is not a	4678
substantial probability that the defendant will become capable of	4679
understanding the nature and objective of the proceedings against	4680
the defendant or of assisting in the defendant's defense even if	4681
the defendant is provided with a course of treatment, within ten	4682
days after the expiration of the maximum time for treatment as	4683
specified in division (C) of this section, within ten days after	4684
the expiration of the maximum time for continuing evaluation and	4685
treatment as specified in division (B)(1)(a) of this section,	4686
within thirty days after a defendant's request for a hearing that	4687
is made after six months of treatment, or within thirty days after	4688
being advised by the treating physician or examiner that the	4689
defendant is competent to stand trial, whichever is the earliest,	4690
the court shall conduct another hearing to determine if the	4691
defendant is competent to stand trial and shall do whichever of	4692
the following is applicable:	4693

(1) If the court finds that the defendant is competent to	4694
stand trial, the defendant shall be proceeded against as provided	4695
by law.	4696

(2) If the court finds that the defendant is incompetent to	4697
stand trial, but that there is a substantial probability that the	4698
defendant will become competent to stand trial if the defendant is	4699
provided with a course of treatment, and the maximum time for	4700
treatment as specified in division (C) of this section has not	4701
expired, the court, after consideration of the examiner's	4702
recommendation, shall order that treatment be continued, may	4703
change the facility or program at which the treatment is to be	4704
continued, and shall specify whether the treatment is to be	4705
continued at the same or a different facility or program.	4706

(3) If the court finds that the defendant is incompetent to	4707
stand trial, if the defendant is charged with an offense listed in	4708
division (C)(1) of this section, and if the court finds that there	4709
is not a substantial probability that the defendant will become	4710
competent to stand trial even if the defendant is provided with a	4711
course of treatment, or if the maximum time for treatment relative	4712
to that offense as specified in division (C) of this section has	4713
expired, further proceedings shall be as provided in sections	4714
2945.39, 2945.401, and 2945.402 of the Revised Code.	4715

(4) If the court finds that the defendant is incompetent to	4716
stand trial, if the most serious offense with which the defendant	4717
is charged is a misdemeanor or a felony other than a felony listed	4718
in division (C)(1) of this section, and if the court finds that	4719
there is not a substantial probability that the defendant will	4720
become competent to stand trial even if the defendant is provided	4721
with a course of treatment, or if the maximum time for treatment	4722
relative to that offense as specified in division (C) of this	4723
section has expired, the court shall dismiss the indictment,	4724
information, or complaint against the defendant. A dismissal under	4725
this division is not a bar to further prosecution based on the	4726
same conduct. The court shall discharge the defendant unless the	4727
court or prosecutor files an affidavit in probate court for civil	4728
commitment pursuant to Chapter 5122. or 5123. of the Revised Code.	4729
If an affidavit for civil commitment is filed, the court may	4730
detain the defendant for ten days pending civil commitment. All of	4731
the following provisions apply to persons charged with a	4732
misdemeanor or a felony other than a felony listed in division	4733
(C)(1) of this section who are committed by the probate court	4734
subsequent to the court's or prosecutor's filing of an affidavit	4735
for civil commitment under authority of this division:	4736

(a) The chief clinical officer of the entity, hospital, or	4737
facility, the managing officer of the institution, the director of	4738
the program, or the person to which the defendant is committed or	4739
admitted shall do all of the following:	4740

(i) Notify the prosecutor, in writing, of the discharge of	4741
the defendant, send the notice at least ten days prior to the	4742
discharge unless the discharge is by the probate court, and state	4743
in the notice the date on which the defendant will be discharged;	4744

(ii) Notify the prosecutor, in writing, when the defendant is	4745
absent without leave or is granted unsupervised, off-grounds	4746
movement, and send this notice promptly after the discovery of the	4747
absence without leave or prior to the granting of the	4748
unsupervised, off-grounds movement, whichever is applicable;	4749

(iii) Notify the prosecutor, in writing, of the change of the	4750
defendant's commitment or admission to voluntary status, send the	4751
notice promptly upon learning of the change to voluntary status,	4752
and state in the notice the date on which the defendant was	4753
committed or admitted on a voluntary status.	4754

(b) Upon receiving notice that the defendant will be granted	4755
unsupervised, off-grounds movement, the prosecutor either shall	4756
re-indict the defendant or promptly notify the court that the	4757
prosecutor does not intend to prosecute the charges against the	4758
defendant.	4759

(I) If a defendant is convicted of a crime and sentenced to a	4760
jail or workhouse, the defendant's sentence shall be reduced by	4761
the total number of days the defendant is confined for evaluation	4762
to determine the defendant's competence to stand trial or	4763
treatment under this section and sections 2945.37 and 2945.371 of	4764
the Revised Code or by the total number of days the defendant is	4765
confined for evaluation to determine the defendant's mental	4766
condition at the time of the offense charged.	4767

Sec. 2945.42. No person is disqualified as a witness in a	4768
criminal prosecution by reason of the person's interest in the	4769
prosecution as a party or otherwise or by reason of the person's	4770
conviction of crime. Husband and wife are competent witnesses to	4771
testify in behalf of each other in all criminal prosecutions and	4772
to testify against each other in all actions, prosecutions, and	4773
proceedings for personal injury of either by the other, bigamy, or	4774
failure to provide for, neglect of, or cruelty to their children	4775
under eighteen years of age or their physically or mentally	4776
handicapped child under twenty-one years of age. A spouse may	4777
testify against his or her spouse in a prosecution under a	4778
provision of sections 2903.11 to 2903.13, 2919.21, 2919.22, or	4779
2919.25 of the Revised Code for cruelty to, neglect of, or	4780
abandonment of such spouse, in a prosecution against his or her	4781
spouse under section 2903.211 or 2911.211, of the Revised Code for	4782
the commission of the offense against the spouse who is	4783
testifying, in a prosecution under section 2919.27 of the Revised	4784
Code involving a protection order issued or consent agreement	4785
approved pursuant to section 2919.26 or 3113.31 of the Revised	4786
Code for the commission of the offense against the spouse who is	4787
testifying, or in a prosecution under section 2907.02 of the	4788
Revised Code for the commission of rape, aggravated rape, or	4789
aggravated rape of a child or under former section 2907.12 of the	4790
Revised Code for felonious sexual penetration against such spouse	4791
in a case in which the offense can be committed against a spouse.	4792
Such interest, conviction, or relationship may be shown for the	4793
purpose of affecting the credibility of the witness. Husband or	4794
wife shall not testify concerning a communication made by one to	4795
the other, or act done by either in the presence of the other,	4796
during coverture, unless the communication was made or act done in	4797
the known presence or hearing of a third person competent to be a	4798
witness, or in case of personal injury by either the husband or	4799
wife to the other, or rape or the former offense of felonious	4800
sexual penetration in a case in which the offense can be committed	4801
against a spouse, or bigamy, or failure to provide for, or neglect	4802
or cruelty of either to their children under eighteen years of age	4803
or their physically or mentally handicapped child under twenty-one	4804
years of age, violation of a protection order or consent	4805
agreement, or neglect or abandonment of a spouse under a provision	4806
of those sections. The presence or whereabouts of the husband or	4807
wife is not an act under this section. The rule is the same if the	4808
marital relation has ceased to exist.	4809

Sec. 2945.57. The number of witnesses who are expected to	4810
testify upon the subject of character or reputation, for whom	4811
subpoenas are issued, shall be designated upon the praecipe and,	4812
except in cases of murder in the first and second degree,	4813
manslaughter, rape, aggravated rape, aggravated rape of a child,	4814
assault with intent to commit rape, assault with intent to commit	4815
aggravated rape, assault with intent to commit aggravated rape of	4816
a child, or selling intoxicating liquor to a person in the habit	4817
of becoming intoxicated, shall not exceed ten upon each side,	4818
unless a deposit of at least one per diem and mileage fee for each	4819
of such additional witnesses is first made with the clerk of the	4820
court of common pleas. Not more than ten witnesses upon each side	4821
shall be permitted to testify upon the question of character or	4822
reputation in a criminal cause unless their full per diem and	4823
mileage fees have been deposited or paid by the party in whose	4824
behalf they are sworn, and the clerk shall not issue a certificate	4825
for compensation to be paid out of the county treasury to a	4826
witness who has testified upon the subject of character or	4827
reputation, except as provided in this section.	4828

Sec. 2950.01. As used in this chapter, unless the context	4829
clearly requires otherwise:	4830

(A) "Sexually oriented offense" means any of the following	4831
violations or offenses committed by a person, regardless of the	4832
person's age:	4833

(1) A violation of section 2907.02, 2907.03, 2907.05,	4834
2907.06, 2907.07, 2907.08, 2907.21, 2907.22, 2907.32, 2907.321,	4835
2907.322, or 2907.323 of the Revised Code;	4836

(2) A violation of division (A) of section 2907.04 of the	4837
Revised Code when the offender is less than four years older than	4838
the other person with whom the offender engaged in sexual conduct,	4839
and the other person did not consent to the sexual conduct~~, and~~	4840
~~the offender previously has not been convicted of or pleaded~~	4841
~~guilty to a violation of section 2907.02, 2907.03, or 2907.04 of~~	4842
~~the Revised Code or a violation of former section 2907.12 of the~~	4843
~~Revised Code~~;	4844

(3) A violation of division (A) of section 2907.04 of the	4845
Revised Code when the offender is at least four years older than	4846
the other person with whom the offender engaged in sexual conduct	4847
or ~~when the offender is less than four years older than the other~~	4848
~~person with whom the offender engaged in sexual conduct and the~~	4849
~~offender previously has been convicted of or pleaded guilty to~~ a	4850
violation of division (B) of section ~~2907.02, 2907.03, or~~ 2907.04	4851
of the Revised Code ~~or a violation of former section 2907.12 of~~	4852
~~the Revised Code~~;	4853

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	4854
the Revised Code when the violation was committed with a sexual	4855
motivation;	4856

(5) A violation of division (A) of section 2903.04 of the	4857
Revised Code when the offender committed or attempted to commit	4858
the felony that is the basis of the violation with a sexual	4859
motivation;	4860

(6) A violation of division (A)(3) of section 2903.211 of the	4861
Revised Code;	4862

(7) A violation of division (A)(1), (2), (3), or (5) of	4863
section 2905.01 of the Revised Code when the offense is committed	4864
with a sexual motivation;	4865

(8) A violation of division (A)(4) of section 2905.01 of the	4866
Revised Code;	4867

(9) A violation of division (B) of section 2905.01 of the	4868
Revised Code when the victim of the offense is under eighteen	4869
years of age and the offender is not a parent of the victim of the	4870
offense;	4871

(10) A violation of division (B) of section 2903.03, of	4872
division (B) of section 2905.02, of division (B) of section	4873
2905.03, of division (B) of section 2905.05, or of division (B)(5)	4874
of section 2919.22 of the Revised Code;	4875

(11) A violation of section 2905.32 of the Revised Code when	4876
the offender knowingly recruited, lured, enticed, isolated,	4877
harbored, transported, provided, obtained, or maintained, or	4878
knowingly attempted to recruit, lure, entice, isolate, harbor,	4879
transport, provide, obtain, or maintain, another person knowing	4880
that the person would be compelled to engage in sexual activity	4881
for hire, engage in a performance that was obscene, sexually	4882
oriented, or nudity oriented, or be a model or participant in the	4883
production of material that was obscene, sexually oriented, or	4884
nudity oriented;	4885

(12) A violation of any former law of this state, any	4886
existing or former municipal ordinance or law of another state or	4887
the United States, any existing or former law applicable in a	4888
military court or in an Indian tribal court, or any existing or	4889
former law of any nation other than the United States that is or	4890
was substantially equivalent to any offense listed in division	4891
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of	4892
this section;	4893

(13) Any attempt to commit, conspiracy to commit, or	4894
complicity in committing any offense listed in division (A)(1),	4895
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or (12) of	4896
this section.	4897

(B)(1) "Sex offender" means, subject to division (B)(2) of	4898
this section, a person who is convicted of, pleads guilty to, has	4899
been convicted of, has pleaded guilty to, is adjudicated a	4900
delinquent child for committing, or has been adjudicated a	4901
delinquent child for committing any sexually oriented offense.	4902

(2) "Sex offender" does not include a person who is convicted	4903
of, pleads guilty to, has been convicted of, has pleaded guilty	4904
to, is adjudicated a delinquent child for committing, or has been	4905
adjudicated a delinquent child for committing a sexually oriented	4906
offense if the offense involves consensual sexual conduct or	4907
consensual sexual contact and either of the following applies:	4908

(a) The victim of the sexually oriented offense was eighteen	4909
years of age or older and at the time of the sexually oriented	4910
offense was not under the custodial authority of the person who is	4911
convicted of, pleads guilty to, has been convicted of, has pleaded	4912
guilty to, is adjudicated a delinquent child for committing, or	4913
has been adjudicated a delinquent child for committing the	4914
sexually oriented offense.	4915

(b) The victim of the offense was thirteen years of age or	4916
older, and the person who is convicted of, pleads guilty to, has	4917
been convicted of, has pleaded guilty to, is adjudicated a	4918
delinquent child for committing, or has been adjudicated a	4919
delinquent child for committing the sexually oriented offense is	4920
not more than four years older than the victim.	4921

(C) "Child-victim oriented offense" means any of the	4922
following violations or offenses committed by a person, regardless	4923
of the person's age, when the victim is under eighteen years of	4924
age and is not a child of the person who commits the violation:	4925

(1) A violation of division (A)(1), (2), (3), or (5) of	4926
section 2905.01 of the Revised Code when the violation is not	4927
included in division (A)(7) of this section;	4928

(2) A violation of division (A) of section 2905.02, division	4929
(A) of section 2905.03, or division (A) of section 2905.05 of the	4930
Revised Code;	4931

(3) A violation of any former law of this state, any existing	4932
or former municipal ordinance or law of another state or the	4933
United States, any existing or former law applicable in a military	4934
court or in an Indian tribal court, or any existing or former law	4935
of any nation other than the United States that is or was	4936
substantially equivalent to any offense listed in division (C)(1)	4937
or (2) of this section;	4938

(4) Any attempt to commit, conspiracy to commit, or	4939
complicity in committing any offense listed in division (C)(1),	4940
(2), or (3) of this section.	4941

(D) "Child-victim offender" means a person who is convicted	4942
of, pleads guilty to, has been convicted of, has pleaded guilty	4943
to, is adjudicated a delinquent child for committing, or has been	4944
adjudicated a delinquent child for committing any child-victim	4945
oriented offense.	4946

(E) "Tier I sex offender/child-victim offender" means any of	4947
the following:	4948

(1) A sex offender who is convicted of, pleads guilty to, has	4949
been convicted of, or has pleaded guilty to any of the following	4950
sexually oriented offenses:	4951

(a) A violation of section 2907.06, 2907.07, 2907.08,	4952
2907.22, or 2907.32 of the Revised Code;	4953

(b) A violation of division (A) of section 2907.04 of the	4954
Revised Code when the offender is less than four years older than	4955
the other person with whom the offender engaged in sexual conduct,	4956
and the other person did not consent to the sexual conduct~~, and~~	4957
~~the offender previously has not been convicted of or pleaded~~	4958
~~guilty to a violation of section 2907.02, 2907.03, or 2907.04 of~~	4959
~~the Revised Code or a violation of former section 2907.12 of the~~	4960
~~Revised Code~~;	4961

(c) A violation of division (A)(1), (2), (3), or (5) of	4962
section 2907.05 of the Revised Code;	4963

(d) A violation of division (A)(3) of section 2907.323 of the	4964
Revised Code;	4965

(e) A violation of division (A)(3) of section 2903.211, of	4966
division (B) of section 2905.03, or of division (B) of section	4967
2905.05 of the Revised Code;	4968

(f) A violation of any former law of this state, any existing	4969
or former municipal ordinance or law of another state or the	4970
United States, any existing or former law applicable in a military	4971
court or in an Indian tribal court, or any existing or former law	4972
of any nation other than the United States, that is or was	4973
substantially equivalent to any offense listed in division	4974
(E)(1)(a), (b), (c), (d), or (e) of this section;	4975

(g) Any attempt to commit, conspiracy to commit, or	4976
complicity in committing any offense listed in division (E)(1)(a),	4977
(b), (c), (d), (e), or (f) of this section.	4978

(2) A child-victim offender who is convicted of, pleads	4979
guilty to, has been convicted of, or has pleaded guilty to a	4980
child-victim oriented offense and who is not within either	4981
category of child-victim offender described in division (F)(2) or	4982
(G)(2) of this section.	4983

(3) A sex offender who is adjudicated a delinquent child for	4984
committing or has been adjudicated a delinquent child for	4985
committing any sexually oriented offense and who a juvenile court,	4986
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	4987
Revised Code, classifies a tier I sex offender/child-victim	4988
offender relative to the offense.	4989

(4) A child-victim offender who is adjudicated a delinquent	4990
child for committing or has been adjudicated a delinquent child	4991
for committing any child-victim oriented offense and who a	4992
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	4993
2152.85 of the Revised Code, classifies a tier I sex	4994
offender/child-victim offender relative to the offense.	4995

(F) "Tier II sex offender/child-victim offender" means any of	4996
the following:	4997

(1) A sex offender who is convicted of, pleads guilty to, has	4998
been convicted of, or has pleaded guilty to any of the following	4999
sexually oriented offenses:	5000

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	5001
the Revised Code;	5002

(b) A violation of division (A) of section 2907.04 of the	5003
Revised Code when the offender is at least four years older than	5004
the other person with whom the offender engaged in sexual conduct,	5005
or ~~when the offender is less than four years older than the other~~	5006
~~person with whom the offender engaged in sexual conduct and the~~	5007
~~offender previously has been convicted of or pleaded guilty to~~ a	5008
violation of division (B) of section ~~2907.02, 2907.03, or~~ 2907.04	5009
of the Revised Code ~~or former section 2907.12 of the Revised Code~~;	5010

(c) A violation of division (A)(4) of section 2907.05 or of	5011
division (A)(1) or (2) of section 2907.323 of the Revised Code;	5012

(d) A violation of division (A)(1), (2), (3), or (5) of	5013
section 2905.01 of the Revised Code when the offense is committed	5014
with a sexual motivation;	5015

(e) A violation of division (A)(4) of section 2905.01 of the	5016
Revised Code when the victim of the offense is eighteen years of	5017
age or older;	5018

(f) A violation of division (B) of section 2905.02 or of	5019
division (B)(5) of section 2919.22 of the Revised Code;	5020

(g) A violation of section 2905.32 of the Revised Code when	5021
the offender knowingly recruited, lured, enticed, isolated,	5022
harbored, transported, provided, obtained, or maintained, or	5023
knowingly attempted to recruit, lure, entice, isolate, harbor,	5024
transport, provide, obtain, or maintain, another person knowing	5025
that the person would be compelled to engage in sexual activity	5026
for hire, engage in a performance that was obscene, sexually	5027
oriented, or nudity oriented, or be a model or participant in the	5028
production of material that was obscene, sexually oriented, or	5029
nudity oriented;	5030

(h) A violation of any former law of this state, any existing	5031
or former municipal ordinance or law of another state or the	5032
United States, any existing or former law applicable in a military	5033
court or in an Indian tribal court, or any existing or former law	5034
of any nation other than the United States that is or was	5035
substantially equivalent to any offense listed in division	5036
(F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	5037

(i) Any attempt to commit, conspiracy to commit, or	5038
complicity in committing any offense listed in division (F)(1)(a),	5039
(b), (c), (d), (e), (f), (g), or (h) of this section;	5040

(j) Any sexually oriented offense that is committed after the	5041
sex offender previously has been convicted of, pleaded guilty to,	5042
or has been adjudicated a delinquent child for committing any	5043
sexually oriented offense or child-victim oriented offense for	5044
which the offender was classified a tier I sex	5045
offender/child-victim offender.	5046

(2) A child-victim offender who is convicted of, pleads	5047
guilty to, has been convicted of, or has pleaded guilty to any	5048
child-victim oriented offense when the child-victim oriented	5049
offense is committed after the child-victim offender previously	5050
has been convicted of, pleaded guilty to, or been adjudicated a	5051
delinquent child for committing any sexually oriented offense or	5052
child-victim oriented offense for which the offender was	5053
classified a tier I sex offender/child-victim offender.	5054

(3) A sex offender who is adjudicated a delinquent child for	5055
committing or has been adjudicated a delinquent child for	5056
committing any sexually oriented offense and who a juvenile court,	5057
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	5058
Revised Code, classifies a tier II sex offender/child-victim	5059
offender relative to the offense.	5060

(4) A child-victim offender who is adjudicated a delinquent	5061
child for committing or has been adjudicated a delinquent child	5062
for committing any child-victim oriented offense and whom a	5063
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	5064
2152.85 of the Revised Code, classifies a tier II sex	5065
offender/child-victim offender relative to the current offense.	5066

(5) A sex offender or child-victim offender who is not in any	5067
category of tier II sex offender/child-victim offender set forth	5068
in division (F)(1), (2), (3), or (4) of this section, who prior to	5069
January 1, 2008, was adjudicated a delinquent child for committing	5070
a sexually oriented offense or child-victim oriented offense, and	5071
who prior to that date was determined to be a habitual sex	5072
offender or determined to be a habitual child-victim offender,	5073
unless either of the following applies:	5074

(a) The sex offender or child-victim offender is reclassified	5075
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	5076
tier I sex offender/child-victim offender or a tier III sex	5077
offender/child-victim offender relative to the offense.	5078

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	5079
2152.84, or 2152.85 of the Revised Code, classifies the child a	5080
tier I sex offender/child-victim offender or a tier III sex	5081
offender/child-victim offender relative to the offense.	5082

(G) "Tier III sex offender/child-victim offender" means any	5083
of the following:	5084

(1) A sex offender who is convicted of, pleads guilty to, has	5085
been convicted of, or has pleaded guilty to any of the following	5086
sexually oriented offenses:	5087

(a) A violation of section 2907.02 or 2907.03 of the Revised	5088
Code;	5089

(b) A violation of division (B) of section 2907.05 of the	5090
Revised Code;	5091

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	5092
the Revised Code when the violation was committed with a sexual	5093
motivation;	5094

(d) A violation of division (A) of section 2903.04 of the	5095
Revised Code when the offender committed or attempted to commit	5096
the felony that is the basis of the violation with a sexual	5097
motivation;	5098

(e) A violation of division (A)(4) of section 2905.01 of the	5099
Revised Code when the victim of the offense is under eighteen	5100
years of age;	5101

(f) A violation of division (B) of section 2905.01 of the	5102
Revised Code when the victim of the offense is under eighteen	5103
years of age and the offender is not a parent of the victim of the	5104
offense;	5105

(g) A violation of division (B) of section 2903.03 of the	5106
Revised Code;	5107

(h) A violation of any former law of this state, any existing	5108
or former municipal ordinance or law of another state or the	5109
United States, any existing or former law applicable in a military	5110
court or in an Indian tribal court, or any existing or former law	5111
of any nation other than the United States that is or was	5112
substantially equivalent to any offense listed in division	5113
(G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;	5114

(i) Any attempt to commit, conspiracy to commit, or	5115
complicity in committing any offense listed in division (G)(1)(a),	5116
(b), (c), (d), (e), (f), (g), or (h) of this section;	5117

(j) Any sexually oriented offense that is committed after the	5118
sex offender previously has been convicted of, pleaded guilty to,	5119
or been adjudicated a delinquent child for committing any sexually	5120
oriented offense or child-victim oriented offense for which the	5121
offender was classified a tier II sex offender/child-victim	5122
offender or a tier III sex offender/child-victim offender.	5123

(2) A child-victim offender who is convicted of, pleads	5124
guilty to, has been convicted of, or has pleaded guilty to any	5125
child-victim oriented offense when the child-victim oriented	5126
offense is committed after the child-victim offender previously	5127
has been convicted of, pleaded guilty to, or been adjudicated a	5128
delinquent child for committing any sexually oriented offense or	5129
child-victim oriented offense for which the offender was	5130
classified a tier II sex offender/child-victim offender or a tier	5131
III sex offender/child-victim offender.	5132

(3) A sex offender who is adjudicated a delinquent child for	5133
committing or has been adjudicated a delinquent child for	5134
committing any sexually oriented offense and who a juvenile court,	5135
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	5136
Revised Code, classifies a tier III sex offender/child-victim	5137
offender relative to the offense.	5138

(4) A child-victim offender who is adjudicated a delinquent	5139
child for committing or has been adjudicated a delinquent child	5140
for committing any child-victim oriented offense and whom a	5141
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	5142
2152.85 of the Revised Code, classifies a tier III sex	5143
offender/child-victim offender relative to the current offense.	5144

(5) A sex offender or child-victim offender who is not in any	5145
category of tier III sex offender/child-victim offender set forth	5146
in division (G)(1), (2), (3), or (4) of this section, who prior to	5147
January 1, 2008, was convicted of or pleaded guilty to a sexually	5148
oriented offense or child-victim oriented offense or was	5149
adjudicated a delinquent child for committing a sexually oriented	5150
offense or child-victim oriented offense and classified a juvenile	5151
offender registrant, and who prior to that date was adjudicated a	5152
sexual predator or adjudicated a child-victim predator, unless	5153
either of the following applies:	5154

(a) The sex offender or child-victim offender is reclassified	5155
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	5156
tier I sex offender/child-victim offender or a tier II sex	5157
offender/child-victim offender relative to the offense.	5158

(b) The sex offender or child-victim offender is a delinquent	5159
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	5160
2152.84, or 2152.85 of the Revised Code, classifies the child a	5161
tier I sex offender/child-victim offender or a tier II sex	5162
offender/child-victim offender relative to the offense.	5163

(6) A sex offender who is convicted of, pleads guilty to, was	5164
convicted of, or pleaded guilty to a sexually oriented offense, if	5165
the sexually oriented offense and the circumstances in which it	5166
was committed are such that division (F) of section 2971.03 of the	5167
Revised Code automatically classifies the offender as a tier III	5168
sex offender/child-victim offender;	5169

(7) A sex offender or child-victim offender who is convicted	5170
of, pleads guilty to, was convicted of, pleaded guilty to, is	5171
adjudicated a delinquent child for committing, or was adjudicated	5172
a delinquent child for committing a sexually oriented offense or	5173
child-victim offense in another state, in a federal court,	5174
military court, or Indian tribal court, or in a court in any	5175
nation other than the United States if both of the following	5176
apply:	5177

(a) Under the law of the jurisdiction in which the offender	5178
was convicted or pleaded guilty or the delinquent child was	5179
adjudicated, the offender or delinquent child is in a category	5180
substantially equivalent to a category of tier III sex	5181
offender/child-victim offender described in division (G)(1), (2),	5182
(3), (4), (5), or (6) of this section.	5183

(b) Subsequent to the conviction, plea of guilty, or	5184
adjudication in the other jurisdiction, the offender or delinquent	5185
child resides, has temporary domicile, attends school or an	5186
institution of higher education, is employed, or intends to reside	5187
in this state in any manner and for any period of time that	5188
subjects the offender or delinquent child to a duty to register or	5189
provide notice of intent to reside under section 2950.04 or	5190
2950.041 of the Revised Code.	5191

(H) "Confinement" includes, but is not limited to, a	5192
community residential sanction imposed pursuant to section 2929.16	5193
or 2929.26 of the Revised Code.	5194

(I) "Prosecutor" has the same meaning as in section 2935.01	5195
of the Revised Code.	5196

(J) "Supervised release" means a release of an offender from	5197
a prison term, a term of imprisonment, or another type of	5198
confinement that satisfies either of the following conditions:	5199

(1) The release is on parole, a conditional pardon, under a	5200
community control sanction, under transitional control, or under a	5201
post-release control sanction, and it requires the person to	5202
report to or be supervised by a parole officer, probation officer,	5203
field officer, or another type of supervising officer.	5204

(2) The release is any type of release that is not described	5205
in division (J)(1) of this section and that requires the person to	5206
report to or be supervised by a probation officer, a parole	5207
officer, a field officer, or another type of supervising officer.	5208

(K) "Sexually violent predator specification," "sexually	5209
violent predator," "sexually violent offense," "sexual motivation	5210
specification," "designated homicide, assault, or kidnapping	5211
offense," and "violent sex offense" have the same meanings as in	5212
section 2971.01 of the Revised Code.	5213

(L) "Post-release control sanction" and "transitional	5214
control" have the same meanings as in section 2967.01 of the	5215
Revised Code.	5216

(M) "Juvenile offender registrant" means a person who is	5217
adjudicated a delinquent child for committing on or after January	5218
1, 2002, a sexually oriented offense or a child-victim oriented	5219
offense, who is fourteen years of age or older at the time of	5220
committing the offense, and who a juvenile court judge, pursuant	5221
to an order issued under section 2152.82, 2152.83, 2152.84,	5222
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	5223
offender registrant and specifies has a duty to comply with	5224
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	5225
Code. "Juvenile offender registrant" includes a person who prior	5226
to January 1, 2008, was a "juvenile offender registrant" under the	5227
definition of the term in existence prior to January 1, 2008, and	5228
a person who prior to July 31, 2003, was a "juvenile sex offender	5229
registrant" under the former definition of that former term.	5230

(N) "Public registry-qualified juvenile offender registrant"	5231
means a person who is adjudicated a delinquent child and on whom a	5232
juvenile court has imposed a serious youthful offender	5233
dispositional sentence under section 2152.13 of the Revised Code	5234
before, on, or after January 1, 2008, and to whom all of the	5235
following apply:	5236

(1) The person is adjudicated a delinquent child for	5237
committing, attempting to commit, conspiring to commit, or	5238
complicity in committing one of the following acts:	5239

(a) A violation of section 2907.02 of the Revised Code,	5240
division (B) of section 2907.05 of the Revised Code, or section	5241
2907.03 of the Revised Code if the victim of the violation was	5242
less than twelve years of age;	5243

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	5244
the Revised Code that was committed with a purpose to gratify the	5245
sexual needs or desires of the child;	5246

(c) A violation of division (B) of section 2903.03 of the	5247
Revised Code.	5248

(2) The person was fourteen, fifteen, sixteen, or seventeen	5249
years of age at the time of committing the act.	5250

(3) A juvenile court judge, pursuant to an order issued under	5251
section 2152.86 of the Revised Code, classifies the person a	5252
juvenile offender registrant, specifies the person has a duty to	5253
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	5254
Code, and classifies the person a public registry-qualified	5255
juvenile offender registrant, and the classification of the person	5256
as a public registry-qualified juvenile offender registrant has	5257
not been terminated pursuant to division (D) of section 2152.86 of	5258
the Revised Code.	5259

(O) "Secure facility" means any facility that is designed and	5260
operated to ensure that all of its entrances and exits are locked	5261
and under the exclusive control of its staff and to ensure that,	5262
because of that exclusive control, no person who is	5263
institutionalized or confined in the facility may leave the	5264
facility without permission or supervision.	5265

(P) "Out-of-state juvenile offender registrant" means a	5266
person who is adjudicated a delinquent child in a court in another	5267
state, in a federal court, military court, or Indian tribal court,	5268
or in a court in any nation other than the United States for	5269
committing a sexually oriented offense or a child-victim oriented	5270
offense, who on or after January 1, 2002, moves to and resides in	5271
this state or temporarily is domiciled in this state for more than	5272
five days, and who has a duty under section 2950.04 or 2950.041 of	5273
the Revised Code to register in this state and the duty to	5274
otherwise comply with that applicable section and sections 2950.05	5275
and 2950.06 of the Revised Code. "Out-of-state juvenile offender	5276
registrant" includes a person who prior to January 1, 2008, was an	5277
"out-of-state juvenile offender registrant" under the definition	5278
of the term in existence prior to January 1, 2008, and a person	5279
who prior to July 31, 2003, was an "out-of-state juvenile sex	5280
offender registrant" under the former definition of that former	5281
term.	5282

(Q) "Juvenile court judge" includes a magistrate to whom the	5283
juvenile court judge confers duties pursuant to division (A)(15)	5284
of section 2151.23 of the Revised Code.	5285

(R) "Adjudicated a delinquent child for committing a sexually	5286
oriented offense" includes a child who receives a serious youthful	5287
offender dispositional sentence under section 2152.13 of the	5288
Revised Code for committing a sexually oriented offense.	5289

(S) "School" and "school premises" have the same meanings as	5290
in section 2925.01 of the Revised Code.	5291

(T) "Residential premises" means the building in which a	5292
residential unit is located and the grounds upon which that	5293
building stands, extending to the perimeter of the property.	5294
"Residential premises" includes any type of structure in which a	5295
residential unit is located, including, but not limited to,	5296
multi-unit buildings and mobile and manufactured homes.	5297

(U) "Residential unit" means a dwelling unit for residential	5298
use and occupancy, and includes the structure or part of a	5299
structure that is used as a home, residence, or sleeping place by	5300
one person who maintains a household or two or more persons who	5301
maintain a common household. "Residential unit" does not include a	5302
halfway house or a community-based correctional facility.	5303

(V) "Multi-unit building" means a building in which is	5304
located more than twelve residential units that have entry doors	5305
that open directly into the unit from a hallway that is shared	5306
with one or more other units. A residential unit is not considered	5307
located in a multi-unit building if the unit does not have an	5308
entry door that opens directly into the unit from a hallway that	5309
is shared with one or more other units or if the unit is in a	5310
building that is not a multi-unit building as described in this	5311
division.	5312

(W) "Community control sanction" has the same meaning as in	5313
section 2929.01 of the Revised Code.	5314

(X) "Halfway house" and "community-based correctional	5315
facility" have the same meanings as in section 2929.01 of the	5316
Revised Code.	5317

Sec. 2950.11. (A) Regardless of when the sexually oriented	5318
offense or child-victim oriented offense was committed, if a	5319
person is convicted of, pleads guilty to, has been convicted of,	5320
or has pleaded guilty to a sexually oriented offense or a	5321
child-victim oriented offense or a person is or has been	5322
adjudicated a delinquent child for committing a sexually oriented	5323
offense or a child-victim oriented offense and is classified a	5324
juvenile offender registrant or is an out-of-state juvenile	5325
offender registrant based on that adjudication, and if the	5326
offender or delinquent child is in any category specified in	5327
division (F)(1)(a), (b), or (c) of this section, the sheriff with	5328
whom the offender or delinquent child has most recently registered	5329
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	5330
and the sheriff to whom the offender or delinquent child most	5331
recently sent a notice of intent to reside under section 2950.04	5332
or 2950.041 of the Revised Code, within the period of time	5333
specified in division (C) of this section, shall provide a written	5334
notice containing the information set forth in division (B) of	5335
this section to all of the persons described in divisions (A)(1)	5336
to (10) of this section. If the sheriff has sent a notice to the	5337
persons described in those divisions as a result of receiving a	5338
notice of intent to reside and if the offender or delinquent child	5339
registers a residence address that is the same residence address	5340
described in the notice of intent to reside, the sheriff is not	5341
required to send an additional notice when the offender or	5342
delinquent child registers. The sheriff shall provide the notice	5343
to all of the following persons:	5344

(1)(a) Any occupant of each residential unit that is located	5345
within one thousand feet of the offender's or delinquent child's	5346
residential premises, that is located within the county served by	5347
the sheriff, and that is not located in a multi-unit building.	5348
Division (D)(3) of this section applies regarding notices required	5349
under this division.	5350

(b) If the offender or delinquent child resides in a	5351
multi-unit building, any occupant of each residential unit that is	5352
located in that multi-unit building and that shares a common	5353
hallway with the offender or delinquent child. For purposes of	5354
this division, an occupant's unit shares a common hallway with the	5355
offender or delinquent child if the entrance door into the	5356
occupant's unit is located on the same floor and opens into the	5357
same hallway as the entrance door to the unit the offender or	5358
delinquent child occupies. Division (D)(3) of this section applies	5359
regarding notices required under this division.	5360

(c) The building manager, or the person the building owner or	5361
condominium unit owners association authorizes to exercise	5362
management and control, of each multi-unit building that is	5363
located within one thousand feet of the offender's or delinquent	5364
child's residential premises, including a multi-unit building in	5365
which the offender or delinquent child resides, and that is	5366
located within the county served by the sheriff. In addition to	5367
notifying the building manager or the person authorized to	5368
exercise management and control in the multi-unit building under	5369
this division, the sheriff shall post a copy of the notice	5370
prominently in each common entryway in the building and any other	5371
location in the building the sheriff determines appropriate. The	5372
manager or person exercising management and control of the	5373
building shall permit the sheriff to post copies of the notice	5374
under this division as the sheriff determines appropriate. In lieu	5375
of posting copies of the notice as described in this division, a	5376
sheriff may provide notice to all occupants of the multi-unit	5377
building by mail or personal contact; if the sheriff so notifies	5378
all the occupants, the sheriff is not required to post copies of	5379
the notice in the common entryways to the building. Division	5380
(D)(3) of this section applies regarding notices required under	5381
this division.	5382

(d) All additional persons who are within any category of	5383
neighbors of the offender or delinquent child that the attorney	5384
general by rule adopted under section 2950.13 of the Revised Code	5385
requires to be provided the notice and who reside within the	5386
county served by the sheriff;	5387

(2) The executive director of the public children services	5388
agency that has jurisdiction within the specified geographical	5389
notification area and that is located within the county served by	5390
the sheriff;	5391

(3)(a) The superintendent of each board of education of a	5392
school district that has schools within the specified geographical	5393
notification area and that is located within the county served by	5394
the sheriff;	5395

(b) The principal of the school within the specified	5396
geographical notification area and within the county served by the	5397
sheriff that the delinquent child attends;	5398

(c) If the delinquent child attends a school outside of the	5399
specified geographical notification area or outside of the school	5400
district where the delinquent child resides, the superintendent of	5401
the board of education of a school district that governs the	5402
school that the delinquent child attends and the principal of the	5403
school that the delinquent child attends.	5404

(4)(a) The appointing or hiring officer of each chartered	5405
nonpublic school located within the specified geographical	5406
notification area and within the county served by the sheriff or	5407
of each other school located within the specified geographical	5408
notification area and within the county served by the sheriff and	5409
that is not operated by a board of education described in division	5410
(A)(3) of this section;	5411

(b) Regardless of the location of the school, the appointing	5412
or hiring officer of a chartered nonpublic school that the	5413
delinquent child attends.	5414

(5) The director, head teacher, elementary principal, or site	5415
administrator of each preschool program governed by Chapter 3301.	5416
of the Revised Code that is located within the specified	5417
geographical notification area and within the county served by the	5418
sheriff;	5419

(6) The administrator of each child day-care center or type A	5420
family day-care home that is located within the specified	5421
geographical notification area and within the county served by the	5422
sheriff, and the provider of each certified type B family day-care	5423
home that is located within the specified geographical	5424
notification area and within the county served by the sheriff. As	5425
used in this division, "child day-care center," "type A family	5426
day-care home," and "certified type B family day-care home" have	5427
the same meanings as in section 5104.01 of the Revised Code.	5428

(7) The president or other chief administrative officer of	5429
each institution of higher education, as defined in section	5430
2907.03 of the Revised Code, that is located within the specified	5431
geographical notification area and within the county served by the	5432
sheriff, and the chief law enforcement officer of the state	5433
university law enforcement agency or campus police department	5434
established under section 3345.04 or 1713.50 of the Revised Code,	5435
if any, that serves that institution;	5436

(8) The sheriff of each county that includes any portion of	5437
the specified geographical notification area;	5438

(9) If the offender or delinquent child resides within the	5439
county served by the sheriff, the chief of police, marshal, or	5440
other chief law enforcement officer of the municipal corporation	5441
in which the offender or delinquent child resides or, if the	5442
offender or delinquent child resides in an unincorporated area,	5443
the constable or chief of the police department or police district	5444
police force of the township in which the offender or delinquent	5445
child resides;	5446

(10) Volunteer organizations in which contact with minors or	5447
other vulnerable individuals might occur or any organization,	5448
company, or individual who requests notification as provided in	5449
division (J) of this section.	5450

(B) The notice required under division (A) of this section	5451
shall include all of the following information regarding the	5452
subject offender or delinquent child:	5453

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

5454

(2) The address or addresses of the offender's or public	5455
registry-qualified juvenile offender registrant's residence,	5456
school, institution of higher education, or place of employment,	5457
as applicable, or the residence address or addresses of a	5458
delinquent child who is not a public registry-qualified juvenile	5459
offender registrant;	5460

(3) The sexually oriented offense or child-victim oriented	5461
offense of which the offender was convicted, to which the offender	5462
pleaded guilty, or for which the child was adjudicated a	5463
delinquent child;	5464

(4) A statement that identifies the category specified in	5465
division (F)(1)(a), (b), or (c) of this section that includes the	5466
offender or delinquent child and that subjects the offender or	5467
delinquent child to this section;	5468

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

5469

(C) If a sheriff with whom an offender or delinquent child	5470
registers under section 2950.04, 2950.041, or 2950.05 of the	5471
Revised Code or to whom the offender or delinquent child most	5472
recently sent a notice of intent to reside under section 2950.04	5473
or 2950.041 of the Revised Code is required by division (A) of	5474
this section to provide notices regarding an offender or	5475
delinquent child and if, pursuant to that requirement, the sheriff	5476
provides a notice to a sheriff of one or more other counties in	5477
accordance with division (A)(8) of this section, the sheriff of	5478
each of the other counties who is provided notice under division	5479
(A)(8) of this section shall provide the notices described in	5480
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	5481
each person or entity identified within those divisions that is	5482
located within the specified geographical notification area and	5483
within the county served by the sheriff in question.	5484

(D)(1) A sheriff required by division (A) or (C) of this	5485
section to provide notices regarding an offender or delinquent	5486
child shall provide the notice to the neighbors that are described	5487
in division (A)(1) of this section and the notices to law	5488
enforcement personnel that are described in divisions (A)(8) and	5489
(9) of this section as soon as practicable, but no later than five	5490
days after the offender sends the notice of intent to reside to	5491
the sheriff and again no later than five days after the offender	5492
or delinquent child registers with the sheriff or, if the sheriff	5493
is required by division (C) of this section to provide the	5494
notices, no later than five days after the sheriff is provided the	5495
notice described in division (A)(8) of this section.	5496

A sheriff required by division (A) or (C) of this section to	5497
provide notices regarding an offender or delinquent child shall	5498
provide the notices to all other specified persons that are	5499
described in divisions (A)(2) to (7) and (A)(10) of this section	5500
as soon as practicable, but not later than seven days after the	5501
offender or delinquent child registers with the sheriff or, if the	5502
sheriff is required by division (C) of this section to provide the	5503
notices, no later than five days after the sheriff is provided the	5504
notice described in division (A)(8) of this section.	5505

(2) If an offender or delinquent child in relation to whom	5506
division (A) of this section applies verifies the offender's or	5507
delinquent child's current residence, school, institution of	5508
higher education, or place of employment address, as applicable,	5509
with a sheriff pursuant to section 2950.06 of the Revised Code,	5510
the sheriff may provide a written notice containing the	5511
information set forth in division (B) of this section to the	5512
persons identified in divisions (A)(1) to (10) of this section. If	5513
a sheriff provides a notice pursuant to this division to the	5514
sheriff of one or more other counties in accordance with division	5515
(A)(8) of this section, the sheriff of each of the other counties	5516
who is provided the notice under division (A)(8) of this section	5517
may provide, but is not required to provide, a written notice	5518
containing the information set forth in division (B) of this	5519
section to the persons identified in divisions (A)(1) to (7) and	5520
(A)(9) and (10) of this section.	5521

(3) A sheriff may provide notice under division (A)(1)(a) or	5522
(b) of this section, and may provide notice under division	5523
(A)(1)(c) of this section to a building manager or person	5524
authorized to exercise management and control of a building, by	5525
mail, by personal contact, or by leaving the notice at or under	5526
the entry door to a residential unit. For purposes of divisions	5527
(A)(1)(a) and (b) of this section, and the portion of division	5528
(A)(1)(c) of this section relating to the provision of notice to	5529
occupants of a multi-unit building by mail or personal contact,	5530
the provision of one written notice per unit is deemed as	5531
providing notice to all occupants of that unit.	5532

(E) All information that a sheriff possesses regarding an	5533
offender or delinquent child who is in a category specified in	5534
division (F)(1)(a), (b), or (c) of this section that is described	5535
in division (B) of this section and that must be provided in a	5536
notice required under division (A) or (C) of this section or that	5537
may be provided in a notice authorized under division (D)(2) of	5538
this section is a public record that is open to inspection under	5539
section 149.43 of the Revised Code.	5540

The sheriff shall not cause to be publicly disseminated by	5541
means of the internet any of the information described in this	5542
division that is provided by a delinquent child unless that child	5543
is in a category specified in division (F)(1)(a), (b), or (c) of	5544
this section.	5545

(F)(1) Except as provided in division (F)(2) of this section,	5546
the duties to provide the notices described in divisions (A) and	5547
(C) of this section apply regarding any offender or delinquent	5548
child who is in any of the following categories:	5549

(a) The offender is a tier III sex offender/child-victim	5550
offender, or the delinquent child is a public registry-qualified	5551
juvenile offender registrant, and a juvenile court has not removed	5552
pursuant to section 2950.15 of the Revised Code the delinquent	5553
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	5554
and 2950.06 of the Revised Code.	5555

(b) The delinquent child is a tier III sex	5556
offender/child-victim offender who is not a ~~public-registry~~	5557
~~qualified~~public registry-qualified juvenile offender registrant,	5558
the delinquent child was subjected to this section prior to ~~the~~	5559
~~effective date of this amendment~~January 1, 2008, as a sexual	5560
predator, habitual sex offender, child-victim predator, or	5561
habitual child-victim offender, as those terms were defined in	5562
section 2950.01 of the Revised Code as it existed prior to ~~the~~	5563
~~effective date of this amendment~~January 1, 2008, and a juvenile	5564
court has not removed pursuant to section 2152.84 or 2152.85 of	5565
the Revised Code the delinquent child's duty to comply with	5566
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	5567
Code.	5568

(c) The delinquent child is a tier III sex	5569
offender/child-victim offender who is not a public	5570
registry-qualified juvenile offender registrant, the delinquent	5571
child was classified a juvenile offender registrant on or after	5572
~~the effective date of this amendment~~January 1, 2008, the court	5573
has imposed a requirement under section 2152.82, 2152.83, or	5574
2152.84 of the Revised Code subjecting the delinquent child to	5575
this section, and a juvenile court has not removed pursuant to	5576
section 2152.84 or 2152.85 of the Revised Code the delinquent	5577
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	5578
and 2950.06 of the Revised Code.	5579

(2) The notification provisions of this section do not apply	5580
to a person described in division (F)(1)(a), (b), or (c) of this	5581
section if a court finds at a hearing after considering the	5582
factors described in this division that the person would not be	5583
subject to the notification provisions of this section that were	5584
in the version of this section that existed immediately prior to	5585
~~the effective date of this amendment~~January 1, 2008. In making	5586
the determination of whether a person would have been subject to	5587
the notification provisions under prior law as described in this	5588
division, the court shall consider the following factors:	5589

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

5590

(b) The offender's or delinquent child's prior criminal or	5591
delinquency record regarding all offenses, including, but not	5592
limited to, all sexual offenses;	5593

(c) The age of the victim of the sexually oriented offense	5594
for which sentence is to be imposed or the order of disposition is	5595
to be made;	5596

(d) Whether the sexually oriented offense for which sentence	5597
is to be imposed or the order of disposition is to be made	5598
involved multiple victims;	5599

(e) Whether the offender or delinquent child used drugs or	5600
alcohol to impair the victim of the sexually oriented offense or	5601
to prevent the victim from resisting;	5602

(f) If the offender or delinquent child previously has been	5603
convicted of or pleaded guilty to, or been adjudicated a	5604
delinquent child for committing an act that if committed by an	5605
adult would be, a criminal offense, whether the offender or	5606
delinquent child completed any sentence or dispositional order	5607
imposed for the prior offense or act and, if the prior offense or	5608
act was a sex offense or a sexually oriented offense, whether the	5609
offender or delinquent child participated in available programs	5610
for sexual offenders;	5611

(g) Any mental illness or mental disability of the offender	5612
or delinquent child;	5613

(h) The nature of the offender's or delinquent child's sexual	5614
conduct, sexual contact, or interaction in a sexual context with	5615
the victim of the sexually oriented offense and whether the sexual	5616
conduct, sexual contact, or interaction in a sexual context was	5617
part of a demonstrated pattern of abuse;	5618

(i) Whether the offender or delinquent child, during the	5619
commission of the sexually oriented offense for which sentence is	5620
to be imposed or the order of disposition is to be made, displayed	5621
cruelty or made one or more threats of cruelty;	5622

(j) Whether the offender or delinquent child would have been	5623
a habitual sex offender or a habitual child victim offender under	5624
the definitions of those terms set forth in section 2950.01 of the	5625
Revised Code as that section existed prior to ~~the effective date~~	5626
~~of this amendment~~January 1, 2008;	5627

(k) Any additional behavioral characteristics that contribute	5628
to the offender's or delinquent child's conduct.	5629

(G)(1) The department of job and family services shall	5630
compile, maintain, and update in January and July of each year, a	5631
list of all agencies, centers, or homes of a type described in	5632
division (A)(2) or (6) of this section that contains the name of	5633
each agency, center, or home of that type, the county in which it	5634
is located, its address and telephone number, and the name of an	5635
administrative officer or employee of the agency, center, or home.	5636

(2) The department of education shall compile, maintain, and	5637
update in January and July of each year, a list of all boards of	5638
education, schools, or programs of a type described in division	5639
(A)(3), (4), or (5) of this section that contains the name of each	5640
board of education, school, or program of that type, the county in	5641
which it is located, its address and telephone number, the name of	5642
the superintendent of the board or of an administrative officer or	5643
employee of the school or program, and, in relation to a board of	5644
education, the county or counties in which each of its schools is	5645
located and the address of each such school.	5646

(3) The Ohio board of regents shall compile, maintain, and	5647
update in January and July of each year, a list of all	5648
institutions of a type described in division (A)(7) of this	5649
section that contains the name of each such institution, the	5650
county in which it is located, its address and telephone number,	5651
and the name of its president or other chief administrative	5652
officer.	5653

(4) A sheriff required by division (A) or (C) of this	5654
section, or authorized by division (D)(2) of this section, to	5655
provide notices regarding an offender or delinquent child, or a	5656
designee of a sheriff of that type, may request the department of	5657
job and family services, department of education, or Ohio board of	5658
regents, by telephone, in person, or by mail, to provide the	5659
sheriff or designee with the names, addresses, and telephone	5660
numbers of the appropriate persons and entities to whom the	5661
notices described in divisions (A)(2) to (7) of this section are	5662
to be provided. Upon receipt of a request, the department or board	5663
shall provide the requesting sheriff or designee with the names,	5664
addresses, and telephone numbers of the appropriate persons and	5665
entities to whom those notices are to be provided.	5666

(H)(1) Upon the motion of the offender or the prosecuting	5667
attorney of the county in which the offender was convicted of or	5668
pleaded guilty to the sexually oriented offense or child-victim	5669
oriented offense for which the offender is subject to community	5670
notification under this section, or upon the motion of the	5671
sentencing judge or that judge's successor in office, the judge	5672
may schedule a hearing to determine whether the interests of	5673
justice would be served by suspending the community notification	5674
requirement under this section in relation to the offender. The	5675
judge may dismiss the motion without a hearing but may not issue	5676
an order suspending the community notification requirement without	5677
a hearing. At the hearing, all parties are entitled to be heard,	5678
and the judge shall consider all of the factors set forth in	5679
division (K) of this section. If, at the conclusion of the	5680
hearing, the judge finds that the offender has proven by clear and	5681
convincing evidence that the offender is unlikely to commit in the	5682
future a sexually oriented offense or a child-victim oriented	5683
offense and if the judge finds that suspending the community	5684
notification requirement is in the interests of justice, the judge	5685
may suspend the application of this section in relation to the	5686
offender. The order shall contain both of these findings.	5687

The judge promptly shall serve a copy of the order upon the	5688
sheriff with whom the offender most recently registered under	5689
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	5690
the bureau of criminal identification and investigation.	5691

An order suspending the community notification requirement	5692
does not suspend or otherwise alter an offender's duties to comply	5693
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	5694
Revised Code and does not suspend the victim notification	5695
requirement under section 2950.10 of the Revised Code.	5696

(2) A prosecuting attorney, a sentencing judge or that	5697
judge's successor in office, and an offender who is subject to the	5698
community notification requirement under this section may	5699
initially make a motion under division (H)(1) of this section upon	5700
the expiration of twenty years after the offender's duty to comply	5701
with division (A)(2), (3), or (4) of section 2950.04, division	5702
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	5703
2950.06 of the Revised Code begins in relation to the offense for	5704
which the offender is subject to community notification. After the	5705
initial making of a motion under division (H)(1) of this section,	5706
thereafter, the prosecutor, judge, and offender may make a	5707
subsequent motion under that division upon the expiration of five	5708
years after the judge has entered an order denying the initial	5709
motion or the most recent motion made under that division.	5710

(3) The offender and the prosecuting attorney have the right	5711
to appeal an order approving or denying a motion made under	5712
division (H)(1) of this section.	5713

(4) Divisions (H)(1) to (3) of this section do not apply to	5714
any of the following types of offender:	5715

(a) A person who is convicted of or pleads guilty to a	5716
violent sex offense or designated homicide, assault, or kidnapping	5717
offense and who, in relation to that offense, is adjudicated a	5718
sexually violent predator;	5719

(b) A person who is convicted of or pleads guilty to a	5720
sexually oriented offense that is a violation of division	5721
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	5722
after January 2, 2007, and either who is sentenced under section	5723
2971.03 of the Revised Code or upon whom a sentence of life	5724
without parole is imposed under division (B) of section 2907.02 of	5725
the Revised Code;	5726

(c) A person who is convicted of or pleads guilty to a	5727
sexually oriented offense that is attempted rape that was	5728
committed on or after January 2, 2007, or who is convicted of or	5729
pleads guilty to attempted aggravated rape or attempted aggravated	5730
rape of a child and who in either case also is convicted of or	5731
pleads guilty to a specification of the type described in section	5732
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	5733

(d) A person who is convicted of or pleads guilty to an	5734
offense described in division (B)(3)(a), (b), (c), or (d) of	5735
section 2971.03 of the Revised Code and who is sentenced for that	5736
offense pursuant to that division;	5737

(e) An offender who is in a category specified in division	5738
(F)(1)(a), (b), or (c) of this section and who, subsequent to	5739
being subjected to community notification, has pleaded guilty to	5740
or been convicted of a sexually oriented offense or child-victim	5741
oriented offense.	5742

(I) If a person is convicted of, pleads guilty to, has been	5743
convicted of, or has pleaded guilty to a sexually oriented offense	5744
or a child-victim oriented offense or a person is or has been	5745
adjudicated a delinquent child for committing a sexually oriented	5746
offense or a child-victim oriented offense and is classified a	5747
juvenile offender registrant or is an out-of-state juvenile	5748
offender registrant based on that adjudication, and if the	5749
offender or delinquent child is not in any category specified in	5750
division (F)(1)(a), (b), or (c) of this section, the sheriff with	5751
whom the offender or delinquent child has most recently registered	5752
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	5753
and the sheriff to whom the offender or delinquent child most	5754
recently sent a notice of intent to reside under section 2950.04	5755
or 2950.041 of the Revised Code, within the period of time	5756
specified in division (D) of this section, shall provide a written	5757
notice containing the information set forth in division (B) of	5758
this section to the executive director of the public children	5759
services agency that has jurisdiction within the specified	5760
geographical notification area and that is located within the	5761
county served by the sheriff.	5762

(J) Each sheriff shall allow a volunteer organization or	5763
other organization, company, or individual who wishes to receive	5764
the notice described in division (A)(10) of this section regarding	5765
a specific offender or delinquent child or notice regarding all	5766
offenders and delinquent children who are located in the specified	5767
geographical notification area to notify the sheriff by electronic	5768
mail or through the sheriff's web site of this election. The	5769
sheriff shall promptly inform the bureau of criminal	5770
identification and investigation of these requests in accordance	5771
with the forwarding procedures adopted by the attorney general	5772
pursuant to section 2950.13 of the Revised Code.	5773

(K) In making a determination under division (H)(1) of this	5774
section as to whether to suspend the community notification	5775
requirement under this section for an offender, the judge shall	5776
consider all relevant factors, including, but not limited to, all	5777
of the following:	5778

(1) The offender's age;

5779

(2) The offender's prior criminal or delinquency record	5780
regarding all offenses, including, but not limited to, all	5781
sexually oriented offenses or child-victim oriented offenses;	5782

(3) The age of the victim of the sexually oriented offense or	5783
child-victim oriented offense the offender committed;	5784

(4) Whether the sexually oriented offense or child-victim	5785
oriented offense the offender committed involved multiple victims;	5786

(5) Whether the offender used drugs or alcohol to impair the	5787
victim of the sexually oriented offense or child-victim oriented	5788
offense the offender committed or to prevent the victim from	5789
resisting;	5790

(6) If the offender previously has been convicted of, pleaded	5791
guilty to, or been adjudicated a delinquent child for committing	5792
an act that if committed by an adult would be a criminal offense,	5793
whether the offender completed any sentence or dispositional order	5794
imposed for the prior offense or act and, if the prior offense or	5795
act was a sexually oriented offense or a child-victim oriented	5796
offense, whether the offender or delinquent child participated in	5797
available programs for sex offenders or child-victim offenders;	5798

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

5799

(8) The nature of the offender's sexual conduct, sexual	5800
contact, or interaction in a sexual context with the victim of the	5801
sexually oriented offense the offender committed or the nature of	5802
the offender's interaction in a sexual context with the victim of	5803
the child-victim oriented offense the offender committed,	5804
whichever is applicable, and whether the sexual conduct, sexual	5805
contact, or interaction in a sexual context was part of a	5806
demonstrated pattern of abuse;	5807

(9) Whether the offender, during the commission of the	5808
sexually oriented offense or child-victim oriented offense the	5809
offender committed, displayed cruelty or made one or more threats	5810
of cruelty;	5811

(10) Any additional behavioral characteristics that	5812
contribute to the offender's conduct.	5813

(L) As used in this section, "specified geographical	5814
notification area" means the geographic area or areas within which	5815
the attorney general, by rule adopted under section 2950.13 of the	5816
Revised Code, requires the notice described in division (B) of	5817
this section to be given to the persons identified in divisions	5818
(A)(2) to (8) of this section.	5819

Sec. 2953.08. (A) In addition to any other right to appeal	5820
and except as provided in division (D) of this section, a	5821
defendant who is convicted of or pleads guilty to a felony may	5822
appeal as a matter of right the sentence imposed upon the	5823
defendant on one of the following grounds:	5824

(1) The sentence consisted of or included the maximum prison	5825
term allowed for the offense by division (A) of section 2929.14 or	5826
section 2929.142 of the Revised Code, the maximum prison term was	5827
not required for the offense pursuant to Chapter 2925. or any	5828
other provision of the Revised Code, and the court imposed the	5829
sentence under one of the following circumstances:	5830

(a) The sentence was imposed for only one offense.

5831

(b) The sentence was imposed for two or more offenses arising	5832
out of a single incident, and the court imposed the maximum prison	5833
term for the offense of the highest degree.	5834

(2) The sentence consisted of or included a prison term and	5835
the offense for which it was imposed is a felony of the fourth or	5836
fifth degree or is a felony drug offense that is a violation of a	5837
provision of Chapter 2925. of the Revised Code and that is	5838
specified as being subject to division (B) of section 2929.13 of	5839
the Revised Code for purposes of sentencing. If the court	5840
specifies that it found one or more of the factors in division	5841
(B)(1)(b) of section 2929.13 of the Revised Code to apply relative	5842
to the defendant, the defendant is not entitled under this	5843
division to appeal as a matter of right the sentence imposed upon	5844
the offender.	5845

(3) The person was convicted of or pleaded guilty to a	5846
violent sex offense or a designated homicide, assault, or	5847
kidnapping offense, was adjudicated a sexually violent predator in	5848
relation to that offense, and was sentenced pursuant to division	5849
(A)(3) of section 2971.03 of the Revised Code, if the minimum term	5850
of the indefinite term imposed pursuant to division (A)(3) of	5851
section 2971.03 of the Revised Code is the longest term available	5852
for the offense from among the range of terms listed in section	5853
2929.14 of the Revised Code. As used in this division, "designated	5854
homicide, assault, or kidnapping offense" and "violent sex	5855
offense" have the same meanings as in section 2971.01 of the	5856
Revised Code. As used in this division, "adjudicated a sexually	5857
violent predator" has the same meaning as in section 2929.01 of	5858
the Revised Code, and a person is "adjudicated a sexually violent	5859
predator" in the same manner and the same circumstances as are	5860
described in that section.	5861

(4) The sentence is contrary to law.

5862

(5) The sentence consisted of an additional prison term of	5863
ten years imposed pursuant to division (B)(2)(a) of section	5864
2929.14 of the Revised Code.	5865

(B) In addition to any other right to appeal and except as	5866
provided in division (D) of this section, a prosecuting attorney,	5867
a city director of law, village solicitor, or similar chief legal	5868
officer of a municipal corporation, or the attorney general, if	5869
one of those persons prosecuted the case, may appeal as a matter	5870
of right a sentence imposed upon a defendant who is convicted of	5871
or pleads guilty to a felony or, in the circumstances described in	5872
division (B)(3) of this section the modification of a sentence	5873
imposed upon such a defendant, on any of the following grounds:	5874

(1) The sentence did not include a prison term despite a	5875
presumption favoring a prison term for the offense for which it	5876
was imposed, as set forth in section 2929.13 or Chapter 2925. of	5877
the Revised Code.	5878

(2) The sentence is contrary to law.

5879

(3) The sentence is a modification under section 2929.20 of	5880
the Revised Code of a sentence that was imposed for a felony of	5881
the first or second degree.	5882

(C)(1) In addition to the right to appeal a sentence granted	5883
under division (A) or (B) of this section, a defendant who is	5884
convicted of or pleads guilty to a felony may seek leave to appeal	5885
a sentence imposed upon the defendant on the basis that the	5886
sentencing judge has imposed consecutive sentences under division	5887
(C)(3) of section 2929.14 of the Revised Code and that the	5888
consecutive sentences exceed the maximum prison term allowed by	5889
division (A) of that section for the most serious offense of which	5890
the defendant was convicted. Upon the filing of a motion under	5891
this division, the court of appeals may grant leave to appeal the	5892
sentence if the court determines that the allegation included as	5893
the basis of the motion is true.	5894

(2) A defendant may seek leave to appeal an additional	5895
sentence imposed upon the defendant pursuant to division (B)(2)(a)	5896
or (b) of section 2929.14 of the Revised Code if the additional	5897
sentence is for a definite prison term that is longer than five	5898
years.	5899

(D)(1) A sentence imposed upon a defendant is not subject to	5900
review under this section if the sentence is authorized by law,	5901
has been recommended jointly by the defendant and the prosecution	5902
in the case, and is imposed by a sentencing judge.	5903

(2) Except as provided in division (C)(2) of this section, a	5904
sentence imposed upon a defendant is not subject to review under	5905
this section if the sentence is imposed pursuant to division	5906
(B)(2)(b) of section 2929.14 of the Revised Code. Except as	5907
otherwise provided in this division, a defendant retains all	5908
rights to appeal as provided under this chapter or any other	5909
provision of the Revised Code. A defendant has the right to appeal	5910
under this chapter or any other provision of the Revised Code the	5911
court's application of division (B)(2)(c) of section 2929.14 of	5912
the Revised Code.	5913

(3) A sentence imposed for aggravated murder or, murder,	5914
aggravated rape, aggravated rape of a child, aggravated sexual	5915
battery, aggravated sexual battery of a child, or aggravated	5916
unlawful sexual conduct with a minor pursuant to sections 2929.02	5917
to 2929.06 of the Revised Code is not subject to review under this	5918
section.	5919

(E) A defendant, prosecuting attorney, city director of law,	5920
village solicitor, or chief municipal legal officer shall file an	5921
appeal of a sentence under this section to a court of appeals	5922
within the time limits specified in Rule 4(B) of the Rules of	5923
Appellate Procedure, provided that if the appeal is pursuant to	5924
division (B)(3) of this section, the time limits specified in that	5925
rule shall not commence running until the court grants the motion	5926
that makes the sentence modification in question. A sentence	5927
appeal under this section shall be consolidated with any other	5928
appeal in the case. If no other appeal is filed, the court of	5929
appeals may review only the portions of the trial record that	5930
pertain to sentencing.	5931

(F) On the appeal of a sentence under this section, the	5932
record to be reviewed shall include all of the following, as	5933
applicable:	5934

(1) Any presentence, psychiatric, or other investigative	5935
report that was submitted to the court in writing before the	5936
sentence was imposed. An appellate court that reviews a	5937
presentence investigation report prepared pursuant to section	5938
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in	5939
connection with the appeal of a sentence under this section shall	5940
comply with division (D)(3) of section 2951.03 of the Revised Code	5941
when the appellate court is not using the presentence	5942
investigation report, and the appellate court's use of a	5943
presentence investigation report of that nature in connection with	5944
the appeal of a sentence under this section does not affect the	5945
otherwise confidential character of the contents of that report as	5946
described in division (D)(1) of section 2951.03 of the Revised	5947
Code and does not cause that report to become a public record, as	5948
defined in section 149.43 of the Revised Code, following the	5949
appellate court's use of the report.	5950

(2) The trial record in the case in which the sentence was	5951
imposed;	5952

(3) Any oral or written statements made to or by the court at	5953
the sentencing hearing at which the sentence was imposed;	5954

(4) Any written findings that the court was required to make	5955
in connection with the modification of the sentence pursuant to a	5956
judicial release under division (I) of section 2929.20 of the	5957
Revised Code.	5958

(G)(1) If the sentencing court was required to make the	5959
findings required by division (B) or (D) of section 2929.13 or	5960
division (I) of section 2929.20 of the Revised Code, or to state	5961
the findings of the trier of fact required by division (B)(2)(e)	5962
of section 2929.14 of the Revised Code, relative to the imposition	5963
or modification of the sentence, and if the sentencing court	5964
failed to state the required findings on the record, the court	5965
hearing an appeal under division (A), (B), or (C) of this section	5966
shall remand the case to the sentencing court and instruct the	5967
sentencing court to state, on the record, the required findings.	5968

(2) The court hearing an appeal under division (A), (B), or	5969
(C) of this section shall review the record, including the	5970
findings underlying the sentence or modification given by the	5971
sentencing court.	5972

The appellate court may increase, reduce, or otherwise modify	5973
a sentence that is appealed under this section or may vacate the	5974
sentence and remand the matter to the sentencing court for	5975
resentencing. The appellate court's standard for review is not	5976
whether the sentencing court abused its discretion. The appellate	5977
court may take any action authorized by this division if it	5978
clearly and convincingly finds either of the following:	5979

(a) That the record does not support the sentencing court's	5980
findings under division (B) or (D) of section 2929.13, division	5981
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section	5982
2929.20 of the Revised Code, whichever, if any, is relevant;	5983

(b) That the sentence is otherwise contrary to law.

5984

(H) A judgment or final order of a court of appeals under	5985
this section may be appealed, by leave of court, to the supreme	5986
court.	5987

Sec. 2953.11. In cases of conviction of felony, except for	5988
aggravated murder or, murder, aggravated rape, aggravated rape of	5989
a child, aggravated sexual battery, aggravated sexual battery of a	5990
child, or aggravated unlawful sexual conduct with a minor, if the	5991
defendant has been committed to a state correctional institution	5992
and sentence is suspended, the clerk of the court in which the	5993
entry is made suspending the sentence under the seal of the court	5994
shall forthwith certify the suspension to the warden of the state	5995
correctional institution, who shall deliver the defendant to the	5996
sheriff of the county in which the defendant was convicted. The	5997
sheriff thereupon shall convey the defendant to the jail of the	5998
county in which the defendant was convicted and keep the defendant	5999
in custody unless admitted to bail pending the decision on the	6000
appeal or the termination of the suspension of sentence. If the	6001
judgment is affirmed or if the suspension of sentence is	6002
terminated, the sheriff shall convey the defendant to the state	6003
correctional institution to serve the balance of the defendant's	6004
term of sentence. The supreme court in the order allowing the	6005
filing of an appeal may provide that the defendant shall remain in	6006
the custody of the warden of the state correctional institution	6007
pending the decision of the court in such case.	6008

Sec. 2953.21. (A)(1)(a) Any person who has been convicted of	6009
a criminal offense or adjudicated a delinquent child and who	6010
claims that there was such a denial or infringement of the	6011
person's rights as to render the judgment void or voidable under	6012
the Ohio Constitution or the Constitution of the United States,	6013
and any person who has been convicted of a criminal offense that	6014
is a felony and who is an offender for whom DNA testing that was	6015
performed under sections 2953.71 to 2953.81 of the Revised Code or	6016
under former section 2953.82 of the Revised Code and analyzed in	6017
the context of and upon consideration of all available admissible	6018
evidence related to the person's case as described in division (D)	6019
of section 2953.74 of the Revised Code provided results that	6020
establish, by clear and convincing evidence, actual innocence of	6021
that felony offense or, if the person was sentenced to death,	6022
establish, by clear and convincing evidence, actual innocence of	6023
the aggravating circumstance or circumstances the person was found	6024
guilty of committing and that is or are the basis of that sentence	6025
of death, may file a petition in the court that imposed sentence,	6026
stating the grounds for relief relied upon, and asking the court	6027
to vacate or set aside the judgment or sentence or to grant other	6028
appropriate relief. The petitioner may file a supporting affidavit	6029
and other documentary evidence in support of the claim for relief.	6030

(b) As used in division (A)(1)(a) of this section, "actual	6031
innocence" means that, had the results of the DNA testing	6032
conducted under sections 2953.71 to 2953.81 of the Revised Code or	6033
under former section 2953.82 of the Revised Code been presented at	6034
trial, and had those results been analyzed in the context of and	6035
upon consideration of all available admissible evidence related to	6036
the person's case as described in division (D) of section 2953.74	6037
of the Revised Code, no reasonable factfinder would have found the	6038
petitioner guilty of the offense of which the petitioner was	6039
convicted, or, if the person was sentenced to death, no reasonable	6040
factfinder would have found the petitioner guilty of the	6041
aggravating circumstance or circumstances the petitioner was found	6042
guilty of committing and that is or are the basis of that sentence	6043
of death.	6044

(c) As used in divisions (A)(1)(a) and (b) of this section,	6045
"former section 2953.82 of the Revised Code" means section 2953.82	6046
of the Revised Code as it existed prior to ~~the effective date of~~	6047
~~this amendment~~July 6, 2010.	6048

(2) Except as otherwise provided in section 2953.23 of the	6049
Revised Code, a petition under division (A)(1) of this section	6050
shall be filed no later than one hundred eighty days after the	6051
date on which the trial transcript is filed in the court of	6052
appeals in the direct appeal of the judgment of conviction or	6053
adjudication or, if the direct appeal involves a sentence of	6054
death, the date on which the trial transcript is filed in the	6055
supreme court. If no appeal is taken, except as otherwise provided	6056
in section 2953.23 of the Revised Code, the petition shall be	6057
filed no later than one hundred eighty days after the expiration	6058
of the time for filing the appeal.	6059

(3) In a petition filed under division (A) of this section, a	6060
person who has been sentenced to death may ask the court to render	6061
void or voidable the judgment with respect to the conviction of	6062
aggravated murder or, aggravated rape, aggravated rape of a child,	6063
aggravated sexual battery, aggravated sexual battery of a child,	6064
or aggravated unlawful sexual conduct with a minor, to the	6065
specification of an aggravating circumstance, or to the sentence	6066
of death.	6067

(4) A petitioner shall state in the original or amended	6068
petition filed under division (A) of this section all grounds for	6069
relief claimed by the petitioner. Except as provided in section	6070
2953.23 of the Revised Code, any ground for relief that is not so	6071
stated in the petition is waived.	6072

(5) If the petitioner in a petition filed under division (A)	6073
of this section was convicted of or pleaded guilty to a felony,	6074
the petition may include a claim that the petitioner was denied	6075
the equal protection of the laws in violation of the Ohio	6076
Constitution or the United States Constitution because the	6077
sentence imposed upon the petitioner for the felony was part of a	6078
consistent pattern of disparity in sentencing by the judge who	6079
imposed the sentence, with regard to the petitioner's race,	6080
gender, ethnic background, or religion. If the supreme court	6081
adopts a rule requiring a court of common pleas to maintain	6082
information with regard to an offender's race, gender, ethnic	6083
background, or religion, the supporting evidence for the petition	6084
shall include, but shall not be limited to, a copy of that type of	6085
information relative to the petitioner's sentence and copies of	6086
that type of information relative to sentences that the same judge	6087
imposed upon other persons.	6088

(B) The clerk of the court in which the petition is filed	6089
shall docket the petition and bring it promptly to the attention	6090
of the court. The clerk of the court in which the petition is	6091
filed immediately shall forward a copy of the petition to the	6092
prosecuting attorney of that county.	6093

(C) The court shall consider a petition that is timely filed	6094
under division (A)(2) of this section even if a direct appeal of	6095
the judgment is pending. Before granting a hearing on a petition	6096
filed under division (A) of this section, the court shall	6097
determine whether there are substantive grounds for relief. In	6098
making such a determination, the court shall consider, in addition	6099
to the petition, the supporting affidavits, and the documentary	6100
evidence, all the files and records pertaining to the proceedings	6101
against the petitioner, including, but not limited to, the	6102
indictment, the court's journal entries, the journalized records	6103
of the clerk of the court, and the court reporter's transcript.	6104
The court reporter's transcript, if ordered and certified by the	6105
court, shall be taxed as court costs. If the court dismisses the	6106
petition, it shall make and file findings of fact and conclusions	6107
of law with respect to such dismissal.	6108

(D) Within ten days after the docketing of the petition, or	6109
within any further time that the court may fix for good cause	6110
shown, the prosecuting attorney shall respond by answer or motion.	6111
Within twenty days from the date the issues are raised, either	6112
party may move for summary judgment. The right to summary judgment	6113
shall appear on the face of the record.	6114

(E) Unless the petition and the files and records of the case	6115
show the petitioner is not entitled to relief, the court shall	6116
proceed to a prompt hearing on the issues even if a direct appeal	6117
of the case is pending. If the court notifies the parties that it	6118
has found grounds for granting relief, either party may request an	6119
appellate court in which a direct appeal of the judgment is	6120
pending to remand the pending case to the court.	6121

(F) At any time before the answer or motion is filed, the	6122
petitioner may amend the petition with or without leave or	6123
prejudice to the proceedings. The petitioner may amend the	6124
petition with leave of court at any time thereafter.	6125

(G) If the court does not find grounds for granting relief,	6126
it shall make and file findings of fact and conclusions of law and	6127
shall enter judgment denying relief on the petition. If no direct	6128
appeal of the case is pending and the court finds grounds for	6129
relief or if a pending direct appeal of the case has been remanded	6130
to the court pursuant to a request made pursuant to division (E)	6131
of this section and the court finds grounds for granting relief,	6132
it shall make and file findings of fact and conclusions of law and	6133
shall enter a judgment that vacates and sets aside the judgment in	6134
question, and, in the case of a petitioner who is a prisoner in	6135
custody, shall discharge or resentence the petitioner or grant a	6136
new trial as the court determines appropriate. The court also may	6137
make supplementary orders to the relief granted, concerning such	6138
matters as rearraignment, retrial, custody, and bail. If the trial	6139
court's order granting the petition is reversed on appeal and if	6140
the direct appeal of the case has been remanded from an appellate	6141
court pursuant to a request under division (E) of this section,	6142
the appellate court reversing the order granting the petition	6143
shall notify the appellate court in which the direct appeal of the	6144
case was pending at the time of the remand of the reversal and	6145
remand of the trial court's order. Upon the reversal and remand of	6146
the trial court's order granting the petition, regardless of	6147
whether notice is sent or received, the direct appeal of the case	6148
that was remanded is reinstated.	6149

(H) Upon the filing of a petition pursuant to division (A) of	6150
this section by a person sentenced to death, only the supreme	6151
court may stay execution of the sentence of death.	6152

(I)(1) If a person sentenced to death intends to file a	6153
petition under this section, the court shall appoint counsel to	6154
represent the person upon a finding that the person is indigent	6155
and that the person either accepts the appointment of counsel or	6156
is unable to make a competent decision whether to accept or reject	6157
the appointment of counsel. The court may decline to appoint	6158
counsel for the person only upon a finding, after a hearing if	6159
necessary, that the person rejects the appointment of counsel and	6160
understands the legal consequences of that decision or upon a	6161
finding that the person is not indigent.	6162

(2) The court shall not appoint as counsel under division	6163
(I)(1) of this section an attorney who represented the petitioner	6164
at trial in the case to which the petition relates unless the	6165
person and the attorney expressly request the appointment. The	6166
court shall appoint as counsel under division (I)(1) of this	6167
section only an attorney who is certified under Rule 20 of the	6168
Rules of Superintendence for the Courts of Ohio to represent	6169
indigent defendants charged with or convicted of an offense for	6170
which the death penalty can be or has been imposed. The	6171
ineffectiveness or incompetence of counsel during proceedings	6172
under this section does not constitute grounds for relief in a	6173
proceeding under this section, in an appeal of any action under	6174
this section, or in an application to reopen a direct appeal.	6175

(3) Division (I) of this section does not preclude attorneys	6176
who represent the state of Ohio from invoking the provisions of 28	6177
U.S.C. 154 with respect to capital cases that were pending in	6178
federal habeas corpus proceedings prior to July 1, 1996, insofar	6179
as the petitioners in those cases were represented in proceedings	6180
under this section by one or more counsel appointed by the court	6181
under this section or section 120.06, 120.16, 120.26, or 120.33 of	6182
the Revised Code and those appointed counsel meet the requirements	6183
of division (I)(2) of this section.	6184

(J) Subject to the appeal of a sentence for a felony that is	6185
authorized by section 2953.08 of the Revised Code, the remedy set	6186
forth in this section is the exclusive remedy by which a person	6187
may bring a collateral challenge to the validity of a conviction	6188
or sentence in a criminal case or to the validity of an	6189
adjudication of a child as a delinquent child for the commission	6190
of an act that would be a criminal offense if committed by an	6191
adult or the validity of a related order of disposition.	6192

Sec. 2967.01. As used in this chapter:

6193

(A) "State correctional institution" includes any institution	6194
or facility that is operated by the department of rehabilitation	6195
and correction and that is used for the custody, care, or	6196
treatment of criminal, delinquent, or psychologically or	6197
psychiatrically disturbed offenders.	6198

(B) "Pardon" means the remission of penalty by the governor	6199
in accordance with the power vested in the governor by the	6200
constitution.	6201

(C) "Commutation" or "commutation of sentence" means the	6202
substitution by the governor of a lesser for a greater punishment.	6203
A stated prison term may be commuted without the consent of the	6204
convict, except when granted upon the acceptance and performance	6205
by the convict of conditions precedent. After commutation, the	6206
commuted prison term shall be the only one in existence. The	6207
commutation may be stated in terms of commuting from a named	6208
offense to a lesser included offense with a shorter prison term,	6209
in terms of commuting from a stated prison term in months and	6210
years to a shorter prison term in months and years, or in terms of	6211
commuting from any other stated prison term to a shorter prison	6212
term.	6213

(D) "Reprieve" means the temporary suspension by the governor	6214
of the execution of a sentence or prison term. The governor may	6215
grant a reprieve without the consent of and against the will of	6216
the convict.	6217

(E) "Parole" means, regarding a prisoner who is serving a	6218
prison term for aggravated murder or, murder, aggravated rape,	6219
aggravated rape of a child, aggravated sexual battery, aggravated	6220
sexual battery of a child, or aggravated unlawful sexual conduct	6221
with a minor, who is serving a prison term of life imprisonment	6222
for rape or for felonious sexual penetration as it existed under	6223
section 2907.12 of the Revised Code prior to September 3, 1996, or	6224
who was sentenced prior to July 1, 1996, a release of the prisoner	6225
from confinement in any state correctional institution by the	6226
adult parole authority that is subject to the eligibility criteria	6227
specified in this chapter and that is under the terms and	6228
conditions, and for the period of time, prescribed by the	6229
authority in its published rules and official minutes or required	6230
by division (A) of section 2967.131 of the Revised Code or another	6231
provision of this chapter.	6232

(F) "Head of a state correctional institution" or "head of	6233
the institution" means the resident head of the institution and	6234
the person immediately in charge of the institution, whether	6235
designated warden, superintendent, or any other name by which the	6236
head is known.	6237

(G) "Convict" means a person who has been convicted of a	6238
felony under the laws of this state, whether or not actually	6239
confined in a state correctional institution, unless the person	6240
has been pardoned or has served the person's sentence or prison	6241
term.	6242

(H) "Prisoner" means a person who is in actual confinement in	6243
a state correctional institution.	6244

(I) "Parolee" means any inmate who has been released from	6245
confinement on parole by order of the adult parole authority or	6246
conditionally pardoned, who is under supervision of the adult	6247
parole authority and has not been granted a final release, and who	6248
has not been declared in violation of the inmate's parole by the	6249
authority or is performing the prescribed conditions of a	6250
conditional pardon.	6251

(J) "Releasee" means an inmate who has been released from	6252
confinement pursuant to section 2967.28 of the Revised Code under	6253
a period of post-release control that includes one or more	6254
post-release control sanctions.	6255

(K) "Final release" means a remission by the adult parole	6256
authority of the balance of the sentence or prison term of a	6257
parolee or prisoner or the termination by the authority of a term	6258
of post-release control of a releasee.	6259

(L) "Parole violator" or "release violator" means any parolee	6260
or releasee who has been declared to be in violation of the	6261
condition of parole or post-release control specified in division	6262
(A) or (B) of section 2967.131 of the Revised Code or in violation	6263
of any other term, condition, or rule of the parolee's or	6264
releasee's parole or of the parolee's or releasee's post-release	6265
control sanctions, the determination of which has been made by the	6266
adult parole authority and recorded in its official minutes.	6267

(M) "Administrative release" means a termination of	6268
jurisdiction over a particular sentence or prison term by the	6269
adult parole authority for administrative convenience.	6270

(N) "Post-release control" means a period of supervision by	6271
the adult parole authority after a prisoner's release from	6272
imprisonment that includes one or more post-release control	6273
sanctions imposed under section 2967.28 of the Revised Code.	6274

(O) "Post-release control sanction" means a sanction that is	6275
authorized under sections 2929.16 to 2929.18 of the Revised Code	6276
and that is imposed upon a prisoner upon the prisoner's release	6277
from a prison term.	6278

(P) "Community control sanction," "prison term," "mandatory	6279
prison term," and "stated prison term" have the same meanings as	6280
in section 2929.01 of the Revised Code.	6281

(Q) "Transitional control" means control of a prisoner under	6282
the transitional control program established by the department of	6283
rehabilitation and correction under section 2967.26 of the Revised	6284
Code, if the department establishes a program of that nature under	6285
that section.	6286

(R) "Random drug testing" has the same meaning as in section	6287
5120.63 of the Revised Code.	6288

Sec. 2967.05. (A) As used in this section:

6289

(1) "Imminent danger of death" means that the inmate has a	6290
medically diagnosable condition that will cause death to occur	6291
within a short period of time.	6292

As used in division (A)(1) of this section, "within a short	6293
period of time" means generally within six months.	6294

(2)(a) "Medically incapacitated" means any diagnosable	6295
medical condition, including mental dementia and severe, permanent	6296
medical or cognitive disability, that prevents the inmate from	6297
completing activities of daily living without significant	6298
assistance, that incapacitates the inmate to the extent that	6299
institutional confinement does not offer additional restrictions,	6300
that is likely to continue throughout the entire period of parole,	6301
and that is unlikely to improve noticeably.	6302

(b) "Medically incapacitated" does not include conditions	6303
related solely to mental illness unless the mental illness is	6304
accompanied by injury, disease, or organic defect.	6305

(3)(a) "Terminal illness" means a condition that satisfies	6306
all of the following criteria:	6307

(i) The condition is irreversible and incurable and is caused	6308
by disease, illness, or injury from which the inmate is unlikely	6309
to recover.	6310

(ii) In accordance with reasonable medical standards and a	6311
reasonable degree of medical certainty, the condition is likely to	6312
cause death to the inmate within twelve months.	6313

(iii) Institutional confinement of the inmate does not offer	6314
additional protections for public safety or against the inmate's	6315
risk to reoffend.	6316

(b) The department of rehabilitation and correction shall	6317
adopt rules pursuant to Chapter 119. of the Revised Code to	6318
implement the definition of "terminal illness" in division	6319
(A)(3)(a) of this section.	6320

(B) Upon the recommendation of the director of rehabilitation	6321
and correction, accompanied by a certificate of the attending	6322
physician that an inmate is terminally ill, medically	6323
incapacitated, or in imminent danger of death, the governor may	6324
order the inmate's release as if on parole, reserving the right to	6325
return the inmate to the institution pursuant to this section. If,	6326
subsequent to the inmate's release, the inmate's health improves	6327
so that the inmate is no longer terminally ill, medically	6328
incapacitated, or in imminent danger of death, the inmate shall be	6329
returned, by order of the governor, to the institution from which	6330
the inmate was released. If the inmate violates any rules or	6331
conditions applicable to the inmate, the inmate may be returned to	6332
an institution under the control of the department of	6333
rehabilitation and correction. The governor may direct the adult	6334
parole authority to investigate or cause to be investigated the	6335
inmate and make a recommendation. An inmate released under this	6336
section shall be subject to supervision by the adult parole	6337
authority in accordance with any recommendation of the adult	6338
parole authority that is approved by the governor. The adult	6339
parole authority shall adopt rules pursuant to section 119.03 of	6340
the Revised Code to establish the procedure for medical release of	6341
an inmate when an inmate is terminally ill, medically	6342
incapacitated, or in imminent danger of death.	6343

(C) No inmate is eligible for release under this section if	6344
the inmate is serving a death sentence, a sentence of life without	6345
parole, a sentence under Chapter 2971. of the Revised Code for a	6346
felony of the first or second degree, a sentence for aggravated	6347
murder or, murder, aggravated rape, aggravated rape of a child,	6348
aggravated sexual battery, aggravated sexual battery of a child,	6349
or aggravated unlawful sexual conduct with a minor, or a mandatory	6350
prison term for an offense of violence or any specification	6351
described in Chapter 2941. of the Revised Code.	6352

Sec. 2967.18. (A) Whenever the director of rehabilitation	6353
and correction determines that the total population of the state	6354
correctional institutions for males and females, the total	6355
population of the state correctional institutions for males, or	6356
the total population of the state correctional institutions for	6357
females exceeds the capacity of those institutions and that an	6358
overcrowding emergency exists, the director shall notify the	6359
correctional institution inspection committee of the emergency and	6360
provide the committee with information in support of the	6361
director's determination. The director shall not notify the	6362
committee that an overcrowding emergency exists unless the	6363
director determines that no other reasonable method is available	6364
to resolve the overcrowding emergency.	6365

(B) On receipt of the notice given pursuant to division (A)	6366
of this section, the correctional institution inspection committee	6367
promptly shall review the determination of the director of	6368
rehabilitation and correction. Notwithstanding any other provision	6369
of the Revised Code or the Administrative Code that governs the	6370
lengths of criminal sentences, sets forth the time within which a	6371
prisoner is eligible for parole or within which a prisoner may	6372
apply for release, or regulates the procedure for granting parole	6373
or release to prisoners confined in state correctional	6374
institutions, the committee may recommend to the governor that the	6375
prison terms of eligible male, female, or all prisoners, as	6376
determined under division (E) of this section, be reduced by	6377
thirty, sixty, or ninety days, in the manner prescribed in that	6378
division.	6379

(C) If the correctional institution inspection committee	6380
disagrees with the determination of the director of rehabilitation	6381
and correction that an overcrowding emergency exists, if the	6382
committee finds that an overcrowding emergency exists but does not	6383
make a recommendation pursuant to division (B) of this section, or	6384
if the committee does not make a finding or a recommendation	6385
pursuant to that division within thirty days of receipt of the	6386
notice given pursuant to division (A) of this section, the	6387
director may recommend to the governor that the action set forth	6388
in division (B) of this section be taken.	6389

(D) Upon receipt of a recommendation from the correctional	6390
institution inspection committee or the director of rehabilitation	6391
and correction made pursuant to this section, the governor may	6392
declare in writing that an overcrowding emergency exists in all of	6393
the institutions within the control of the department in which men	6394
are confined, in which women are confined, or both. The	6395
declaration shall state that the adult parole authority shall take	6396
the action set forth in division (B) of this section. After the	6397
governor makes the declaration, the director shall file a copy of	6398
it with the secretary of state, and the copy is a public record.	6399

The department may begin to implement the declaration of the	6400
governor made pursuant to this section on the date that it is	6401
filed with the secretary of state. The department shall begin to	6402
implement the declaration within thirty days after the date of	6403
filing. The declaration shall be implemented in accordance with	6404
division (E) of this section.	6405

(E)(1) No reduction of sentence pursuant to division (B) of	6406
this section shall be granted to any of the following:	6407

(a) A person who is serving a term of imprisonment for	6408
aggravated murder, murder, voluntary manslaughter, involuntary	6409
manslaughter, felonious assault, kidnapping, rape, aggravated	6410
rape, aggravated rape of a child, aggravated sexual battery,	6411
aggravated sexual battery of a child, aggravated unlawful sexual	6412
conduct with a minor, aggravated arson, aggravated robbery, or any	6413
other offense punishable by life imprisonment or by an indefinite	6414
term of a specified number of years to life, or for conspiracy in,	6415
complicity in, or attempt to commit any of those offenses;	6416

(b) A person who is serving a term of imprisonment for any	6417
felony other than carrying a concealed weapon that was committed	6418
while the person had a firearm, as defined in section 2923.11 of	6419
the Revised Code, on or about the offender's person or under the	6420
offender's control;	6421

(c) A person who is serving a term of imprisonment for a	6422
violation of section 2925.03 of the Revised Code;	6423

(d) A person who is serving a term of imprisonment for	6424
engaging in a pattern of corrupt activity;	6425

(e) A person who is serving a prison term or term of life	6426
imprisonment without parole imposed pursuant to section 2971.03 of	6427
the Revised Code;	6428

(f) A person who was denied parole or release pursuant to	6429
section 2929.20 of the Revised Code during the term of	6430
imprisonment the person currently is serving.	6431

(2) A declaration of the governor that requires the adult	6432
parole authority to take the action set forth in division (B) of	6433
this section shall be implemented only by reducing the prison	6434
terms of prisoners who are not in any of the categories set forth	6435
in division (E)(1) of this section, and only by granting	6436
reductions of prison terms in the following order:	6437

(a) Under any such declaration, prison terms initially shall	6438
be reduced only for persons who are not in any of the categories	6439
set forth in division (E)(1) of this section and who are not	6440
serving a term of imprisonment for any of the following offenses:	6441

(i) An offense of violence that is a felony of the first,	6442
second, or third degree or that, under the law in existence prior	6443
to ~~the effective date of this amendment~~July1, 1996, was an	6444
aggravated felony of the first, second, or third degree or a	6445
felony of the first or second degree;	6446

(ii) An offense set forth in Chapter 2925. of the Revised	6447
Code that is a felony of the first or second degree.	6448

(b) If every person serving a term of imprisonment at the	6449
time of the implementation of any such declaration who is in the	6450
class of persons eligible for the initial reduction of prison	6451
terms, as described in division (E)(2)(a) of this section, has	6452
received a total of ninety days of term reduction for each three	6453
years of imprisonment actually served, then prison terms may be	6454
reduced for all other persons serving a term of imprisonment at	6455
that time who are not in any of the categories set forth in	6456
division (E)(1) of this section.	6457

(F) An offender who is released from a state correctional	6458
institution pursuant to this section is subject to post-release	6459
control sanctions imposed by the adult parole authority as if the	6460
offender was a prisoner described in division (B) of section	6461
2967.28 of the Revised Code who was being released from	6462
imprisonment.	6463

(G) If more than one overcrowding emergency is declared while	6464
a prisoner is serving a prison term, the total term reduction for	6465
that prisoner as the result of multiple declarations shall not	6466
exceed ninety days for each three years of imprisonment actually	6467
served.	6468

Sec. 2967.19. (A) As used in this section:

6469

(1) "Deadly weapon" and "dangerous ordnance" have the same	6470
meanings as in section 2923.11 of the Revised Code.	6471

(2) "Disqualifying prison term" means any of the following:

6472

(a) A prison term imposed for aggravated murder, murder,	6473
voluntary manslaughter, involuntary manslaughter, felonious	6474
assault, kidnapping, rape, aggravated rape, aggravated rape of a	6475
child, aggravated sexual battery, aggravated sexual battery of a	6476
child, aggravated unlawful sexual conduct with a minor, aggravated	6477
arson, aggravated burglary, or aggravated robbery;	6478

(b) A prison term imposed for complicity in, an attempt to	6479
commit, or conspiracy to commit any offense listed in division	6480
(A)(2)(a) of this section;	6481

(c) A prison term of life imprisonment, including any term of	6482
life imprisonment that has parole eligibility;	6483

(d) A prison term imposed for any felony other than carrying	6484
a concealed weapon an essential element of which is any conduct or	6485
failure to act expressly involving any deadly weapon or dangerous	6486
ordnance;	6487

(e) A prison term imposed for any violation of section	6488
2925.03 of the Revised Code that is a felony of the first or	6489
second degree;	6490

(f) A prison term imposed for engaging in a pattern of	6491
corrupt activity in violation of section 2923.32 of the Revised	6492
Code;	6493

(g) A prison term imposed pursuant to section 2971.03 of the	6494
Revised Code;	6495

(h) A prison term imposed for any sexually oriented offense.

6496

(3) "Eligible prison term" means any prison term that is not	6497
a disqualifying prison term and is not a restricting prison term.	6498

(4) "Restricting prison term" means any of the following:

6499

(a) A mandatory prison term imposed under division (B)(1)(a),	6500
(B)(1)(c), (B)(1)(f), (B)(1)(g), (B)(2), or (B)(7) of section	6501
2929.14 of the Revised Code for a specification of the type	6502
described in that division;	6503

(b) In the case of an offender who has been sentenced to a	6504
mandatory prison term for a specification of the type described in	6505
division (A)(4)(a) of this section, the prison term imposed for	6506
the felony offense for which the specification was stated at the	6507
end of the body of the indictment, count in the indictment, or	6508
information charging the offense;	6509

6510

(d) A prison term imposed for any offense that is described	6511
in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii)	6512
of this section applies to the offender:	6513

(i) The offense is a felony of the first or second degree	6514
that is an offense of violence and that is not described in	6515
division (A)(2)(a) or (b) of this section, an attempt to commit a	6516
felony of the first or second degree that is an offense of	6517
violence and that is not described in division (A)(2)(a) or (b) of	6518
this section if the attempt is a felony of the first or second	6519
degree, or an offense under an existing or former law of this	6520
state, another state, or the United States that is or was	6521
substantially equivalent to any other offense described in this	6522
division.	6523

(ii) The offender previously was convicted of or pleaded	6524
guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of	6525
this section.	6526

(5) "Sexually oriented offense" has the same meaning as in	6527
section 2950.01 of the Revised Code.	6528

(B) The director of the department of rehabilitation and	6529
correction may recommend in writing to the sentencing court that	6530
the court consider releasing from prison any offender who, on or	6531
after September 30, 2011, is confined in a state correctional	6532
institution, who is serving a stated prison term of one year or	6533
more, and who is eligible under division (C) of this section for a	6534
release under this section. If the director wishes to recommend	6535
that the sentencing court consider releasing an offender under	6536
this section, the director shall notify the sentencing court in	6537
writing of the offender's eligibility not earlier than ninety days	6538
prior to the date on which the offender becomes eligible as	6539
described in division (C) of this section. The director's	6540
submission of the written notice constitutes a recommendation by	6541
the director that the court strongly consider release of the	6542
offender consistent with the purposes and principles of sentencing	6543
set forth in sections 2929.11 and 2929.13 of the Revised Code.	6544
Only an offender recommended by the director under division (B) of	6545
this section may be considered for early release under this	6546
section.	6547

(C)(1) An offender serving a stated prison term of one year	6548
or more and who has commenced service of that stated prison term	6549
becomes eligible for release from prison under this section only	6550
as described in this division. An offender serving a stated prison	6551
term that includes a disqualifying prison term is not eligible for	6552
release from prison under this section. An offender serving a	6553
stated prison term that consists solely of one or more restricting	6554
prison terms is not eligible for release under this section. An	6555
offender serving a stated prison term of one year or more that	6556
includes one or more restricting prison terms and one or more	6557
eligible prison terms becomes eligible for release under this	6558
section after having fully served all restricting prison terms and	6559
having served eighty per cent of the stated prison term that	6560
remains to be served after all restricting prison terms have been	6561
fully served. An offender serving a stated prison term that	6562
consists solely of one or more eligible prison terms becomes	6563
eligible for release under this section after having served eighty	6564
per cent of that stated prison term. For purposes of determining	6565
an offender's eligibility for release under this section, if the	6566
offender's stated prison term includes consecutive prison terms,	6567
any restricting prison terms shall be deemed served prior to any	6568
eligible prison terms that run consecutively to the restricting	6569
prison terms, and the eligible prison terms are deemed to commence	6570
after all of the restricting prison terms have been fully served.	6571

An offender serving a stated prison term of one year or more	6572
that includes a mandatory prison term that is not a disqualifying	6573
prison term and is not a restricting prison term is not	6574
automatically ineligible as a result of the offender's service of	6575
that mandatory term for release from prison under this section,	6576
and the offender's eligibility for release from prison under this	6577
section is determined in accordance with this division.	6578

(2) If an offender confined in a state correctional	6579
institution under a stated prison term is eligible for release	6580
under this section as described in division (C)(1) of this	6581
section, the director of the department of rehabilitation and	6582
correction may recommend in writing that the sentencing court	6583
consider releasing the offender from prison under this section by	6584
submitting to the sentencing court the written notice described in	6585
division (B) of this section.	6586

(D) The director shall include with any notice submitted to	6587
the sentencing court under division (B) of this section an	6588
institutional summary report that covers the offender's	6589
participation while confined in a state correctional institution	6590
in school, training, work, treatment, and other rehabilitative	6591
activities and any disciplinary action taken against the offender	6592
while so confined. The director shall include with the notice any	6593
other documentation requested by the court, if available.	6594

(E)(1) When the director submits a written notice to a	6595
sentencing court that an offender is eligible to be considered for	6596
early release under this section, the department promptly shall	6597
provide to the prosecuting attorney of the county in which the	6598
offender was indicted a copy of the written notice, a copy of the	6599
institutional summary report, and any other information provided	6600
to the court and shall provide a copy of the institutional summary	6601
report to any law enforcement agency that requests the report. The	6602
department also promptly shall do whichever of the following is	6603
applicable:	6604

(a) Subject to division (E)(1)(b) of this section, give	6605
written notice of the submission to any victim of the offender or	6606
victim's representative of any victim of the offender who is	6607
registered with the office of victim's services.	6608

(b) If the offense was aggravated murder, murder, an offense	6609
of violence that is a felony of the first, second, or third	6610
degree, or an offense punished by a sentence of life imprisonment,	6611
except as otherwise provided in this division, notify the victim	6612
or the victim's representative of the filing of the petition	6613
regardless of whether the victim or victim's representative has	6614
registered with the office of victim's services. The notice of the	6615
filing of the petition shall not be given under this division to a	6616
victim or victim's representative if the victim or victim's	6617
representative has requested pursuant to division (B)(2) of	6618
section 2930.03 of the Revised Code that the victim or the	6619
victim's representative not be provided the notice. If notice is	6620
to be provided to a victim or victim's representative under this	6621
division, the department may give the notice by any reasonable	6622
means, including regular mail, telephone, and electronic mail, in	6623
accordance with division (D)(1) of section 2930.16 of the Revised	6624
Code. If the notice is based on an offense committed prior to ~~the~~	6625
~~effective date of this amendment~~March 22, 2013, the notice also	6626
shall include the opt-out information described in division (D)(1)	6627
of section 2930.16 of the Revised Code. The department, in	6628
accordance with division (D)(2) of section 2930.16 of the Revised	6629
Code, shall keep a record of all attempts to provide the notice,	6630
and of all notices provided, under this division.	6631

Division (E)(1)(b) of this section, and the notice-related	6632
provisions of divisions (E)(2) and (K) of section 2929.20,	6633
division (D)(1) of section 2930.16, division (H) of section	6634
2967.12, division (A)(3)(b) of section 2967.26, division (D)(1) of	6635
section 2967.28, and division (A)(2) of section 5149.101 of the	6636
Revised Code enacted in the act in which division (E)(2) of this	6637
section was enacted, shall be known as "Roberta's Law."	6638

(2) When the director submits a petition under this section,	6639
the department also promptly shall post a copy of the written	6640
notice on the database it maintains under section 5120.66 of the	6641
Revised Code and include information on where a person may send	6642
comments regarding the recommendation of early release.	6643

The information provided to the court, the prosecutor, and	6644
the victim or victim's representative under divisions (D) and (E)	6645
of this section shall include the name and contact information of	6646
a specific department of rehabilitation and correction employee	6647
who is available to answer questions about the offender who is the	6648
subject of the written notice submitted by the director,	6649
including, but not limited to, the offender's institutional	6650
conduct and rehabilitative activities while incarcerated.	6651

(F) Upon receipt of a written notice submitted by the	6652
director under division (B) of this section, the court either	6653
shall, on its own motion, schedule a hearing to consider releasing	6654
the offender who is the subject of the notice or shall inform the	6655
department that it will not be conducting a hearing relative to	6656
the offender. The court shall not grant an early release to an	6657
offender without holding a hearing. If a court declines to hold a	6658
hearing relative to an offender with respect to a written notice	6659
submitted by the director, the court may later consider release of	6660
that offender under this section on its own motion by scheduling a	6661
hearing for that purpose. Within thirty days after the written	6662
notice is submitted, the court shall inform the department whether	6663
or not the court is scheduling a hearing on the offender who is	6664
the subject of the notice.	6665

(G) If the court schedules a hearing upon receiving a written	6666
notice submitted under division (B) of this section or upon its	6667
own motion under division (F) of this section, the court shall	6668
notify the head of the state correctional institution in which the	6669
offender is confined of the hearing prior to the hearing. If the	6670
court makes a journal entry ordering the offender to be conveyed	6671
to the hearing, except as otherwise provided in this division, the	6672
head of the correctional institution shall deliver the offender to	6673
the sheriff of the county in which the hearing is to be held, and	6674
the sheriff shall convey the offender to and from the hearing.	6675
Upon the court's own motion or the motion of the offender or the	6676
prosecuting attorney of the county in which the offender was	6677
indicted, the court may permit the offender to appear at the	6678
hearing by video conferencing equipment if equipment of that	6679
nature is available and compatible.	6680

Upon receipt of notice from a court of a hearing on the	6681
release of an offender under this division, the head of the state	6682
correctional institution in which the offender is confined	6683
immediately shall notify the appropriate person at the department	6684
of rehabilitation and correction of the hearing, and the	6685
department within twenty-four hours after receipt of the notice	6686
shall post on the database it maintains pursuant to section	6687
5120.66 of the Revised Code the offender's name and all of the	6688
information specified in division (A)(1)(c)(i) of that section. If	6689
the court schedules a hearing under this section, the court	6690
promptly shall give notice of the hearing to the prosecuting	6691
attorney of the county in which the offender was indicted. Upon	6692
receipt of the notice from the court, the prosecuting attorney	6693
shall notify pursuant to section 2930.16 of the Revised Code any	6694
victim of the offender or the victim's representative of the	6695
hearing.	6696

(H) If the court schedules a hearing under this section, at	6697
the hearing, the court shall afford the offender and the	6698
offender's attorney an opportunity to present written information	6699
and, if present, oral information relevant to the offender's early	6700
release. The court shall afford a similar opportunity to the	6701
prosecuting attorney, victim or victim's representative, as	6702
defined in section 2930.01 of the Revised Code, and any other	6703
person the court determines is likely to present additional	6704
relevant information. If the court pursuant to division (G) of	6705
this section permits the offender to appear at the hearing by	6706
video conferencing equipment, the offender's opportunity to	6707
present oral information shall be as a part of the video	6708
conferencing. The court shall consider any statement of a victim	6709
made under section 2930.14 or 2930.17 of the Revised Code, any	6710
victim impact statement prepared under section 2947.051 of the	6711
Revised Code, and any report and other documentation submitted by	6712
the director under division (D) of this section. After ruling on	6713
whether to grant the offender early release, the court shall	6714
notify the victim in accordance with sections 2930.03 and 2930.16	6715
of the Revised Code.	6716

(I) If the court grants an offender early release under this	6717
section, it shall order the release of the offender, shall place	6718
the offender under one or more appropriate community control	6719
sanctions, under appropriate conditions, and under the supervision	6720
of the department of probation that serves the court, and shall	6721
reserve the right to reimpose the sentence that it reduced and	6722
from which the offender was released if the offender violates the	6723
sanction. The court shall not make a release under this section	6724
effective prior to the date on which the offender becomes eligible	6725
as described in division (C) of this section. If the sentence	6726
under which the offender is confined in a state correctional	6727
institution and from which the offender is being released was	6728
imposed for a felony of the first or second degree, the court	6729
shall consider ordering that the offender be monitored by means of	6730
a global positioning device. If the court reimposes the sentence	6731
that it reduced and from which the offender was released and if	6732
the violation of the sanction is a new offense, the court may	6733
order that the reimposed sentence be served either concurrently	6734
with, or consecutive to, any new sentence imposed upon the	6735
offender as a result of the violation that is a new offense. The	6736
period of all community control sanctions imposed under this	6737
division shall not exceed five years. The court, in its	6738
discretion, may reduce the period of community control sanctions	6739
by the amount of time the offender spent in jail or prison for the	6740
offense.	6741

If the court grants an offender early release under this	6742
section, it shall notify the appropriate person at the department	6743
of rehabilitation and correction of the release, and the	6744
department shall post notice of the release on the database it	6745
maintains pursuant to section 5120.66 of the Revised Code.	6746

(J) The department shall adopt under Chapter 119. of the	6747
Revised Code any rules necessary to implement this section.	6748

Sec. 2967.193. (A)(1) Except as provided in division (C) of	6749
this section and subject to the maximum aggregate total specified	6750
in division (A)(2) of this section, a person confined in a state	6751
correctional institution may provisionally earn one day or five	6752
days of credit, based on the category set forth in division	6753
(D)(1), (2), (3), (4), or (5) of this section in which the person	6754
is included, toward satisfaction of the person's stated prison	6755
term for each completed month during which the person productively	6756
participates in an education program, vocational training,	6757
employment in prison industries, treatment for substance abuse, or	6758
any other constructive program developed by the department with	6759
specific standards for performance by prisoners. Except as	6760
provided in division (C) of this section and subject to the	6761
maximum aggregate total specified in division (A)(2) of this	6762
section, a person so confined who successfully completes two	6763
programs or activities of that type may, in addition,	6764
provisionally earn up to five days of credit toward satisfaction	6765
of the person's stated prison term for the successful completion	6766
of the second program or activity. The person shall not be awarded	6767
any provisional days of credit for the successful completion of	6768
the first program or activity or for the successful completion of	6769
any program or activity that is completed after the second program	6770
or activity. At the end of each calendar month in which a prisoner	6771
productively participates in a program or activity listed in this	6772
division or successfully completes a program or activity listed in	6773
this division, the department of rehabilitation and correction	6774
shall determine and record the total number of days credit that	6775
the prisoner provisionally earned in that calendar month. If the	6776
prisoner violates prison rules, the department may deny the	6777
prisoner a credit that otherwise could have been provisionally	6778
awarded to the prisoner or may withdraw one or more credits	6779
previously provisionally earned by the prisoner. Days of credit	6780
provisionally earned by a prisoner shall be finalized and awarded	6781
by the department subject to administrative review by the	6782
department of the prisoner's conduct.	6783

(2) The aggregate days of credit provisionally earned by a	6784
person for program or activity participation and program and	6785
activity completion under this section and the aggregate days of	6786
credit finally credited to a person under this section shall not	6787
exceed eight per cent of the total number of days in the person's	6788
stated prison term.	6789

(B) The department of rehabilitation and correction shall	6790
adopt rules that specify the programs or activities for which	6791
credit may be earned under this section, the criteria for	6792
determining productive participation in, or completion of, the	6793
programs or activities and the criteria for awarding credit,	6794
including criteria for awarding additional credit for successful	6795
program or activity completion, and the criteria for denying or	6796
withdrawing previously provisionally earned credit as a result of	6797
a violation of prison rules.	6798

(C) No person confined in a state correctional institution to	6799
whom any of the following applies shall be awarded any days of	6800
credit under division (A) of this section:	6801

(1) The person is serving a prison term that section 2929.13	6802
or section 2929.14 of the Revised Code specifies cannot be reduced	6803
pursuant to this section or this chapter or is serving a sentence	6804
for which section 2967.13 or division (B) of section 2929.143 of	6805
the Revised Code specifies that the person is not entitled to any	6806
earned credit under this section.	6807

(2) The person is sentenced to death or is serving a prison	6808
term or a term of life imprisonment for aggravated murder, murder,	6809
~~or a conspiracy or~~aggravated rape, aggravated rape of a child,	6810
aggravated sexual battery, aggravated sexual battery of a child,	6811
or aggravated unlawful sexual conduct with a minor, for an attempt	6812
to commit, or complicity in committing,any of those offenses, or	6813
for a conspiracy to commit aggravated murder or murder.	6814

(3) The person is serving a sentence of life imprisonment	6815
without parole imposed pursuant to section 2929.03 or 2929.06 of	6816
the Revised Code, a prison term or a term of life imprisonment	6817
without parole imposed pursuant to section 2971.03 of the Revised	6818
Code, or a sentence for a sexually oriented offense that was	6819
committed on or after September 30, 2011.	6820

(D) This division does not apply to a determination of	6821
whether a person confined in a state correctional institution may	6822
earn any days of credit under division (A) of this section for	6823
successful completion of a second program or activity. The	6824
determination of whether a person confined in a state correctional	6825
institution may earn one day of credit or five days of credit	6826
under division (A) of this section for each completed month during	6827
which the person productively participates in a program or	6828
activity specified under that division shall be made in accordance	6829
with the following:	6830

(1) The offender may earn one day of credit under division	6831
(A) of this section, except as provided in division (C) of this	6832
section, if the most serious offense for which the offender is	6833
confined is any of the following that is a felony of the first or	6834
second degree:	6835

(a) A violation of division (A) of section 2903.04 or of	6836
section 2903.03, 2903.11, 2903.15, 2905.01, 2907.24, 2907.25,	6837
2909.02, 2909.09, 2909.10, 2909.101, 2909.26, 2909.27, 2909.29,	6838
2911.01, 2911.02, 2911.11, 2911.12, 2919.13, 2919.151, 2919.22,	6839
2921.34, 2923.01, 2923.131, 2923.162, 2923.32, 2925.24, or 2927.24	6840
of the Revised Code;	6841

(b) A conspiracy or attempt to commit, or complicity in	6842
committing, any other offense for which the maximum penalty is	6843
imprisonment for life or any offense listed in division (D)(1)(a)	6844
of this section.	6845

(2) The offender may earn one day of credit under division	6846
(A) of this section, except as provided in division (C) of this	6847
section, if the offender is serving a stated prison term that	6848
includes a prison term imposed for a sexually oriented offense	6849
that the offender committed prior to September 30, 2011.	6850

(3) The offender may earn one day of credit under division	6851
(A) of this section, except as provided in division (C) of this	6852
section, if the offender is serving a stated prison term that	6853
includes a prison term imposed for a felony other than carrying a	6854
concealed weapon an essential element of which is any conduct or	6855
failure to act expressly involving any deadly weapon or dangerous	6856
ordnance.	6857

(4) Except as provided in division (C) of this section, if	6858
the most serious offense for which the offender is confined is a	6859
felony of the first or second degree and divisions (D)(1), (2),	6860
and (3) of this section do not apply to the offender, the offender	6861
may earn one day of credit under division (A) of this section if	6862
the offender committed that offense prior to September 30, 2011,	6863
and the offender may earn five days of credit under division (A)	6864
of this section if the offender committed that offense on or after	6865
September 30, 2011.	6866

(5) Except as provided in division (C) of this section, if	6867
the most serious offense for which the offender is confined is a	6868
felony of the third, fourth, or fifth degree or an unclassified	6869
felony and neither division (D)(2) nor (3) of this section applies	6870
to the offender, the offender may earn one day of credit under	6871
division (A) of this section if the offender committed that	6872
offense prior to September 30, 2011, and the offender may earn	6873
five days of credit under division (A) of this section if the	6874
offender committed that offense on or after September 30, 2011.	6875

(E) The department annually shall seek and consider the	6876
written feedback of the Ohio prosecuting attorneys association,	6877
the Ohio judicial conference, the Ohio public defender, the Ohio	6878
association of criminal defense lawyers, and other organizations	6879
and associations that have an interest in the operation of the	6880
corrections system and the earned credits program under this	6881
section as part of its evaluation of the program and in	6882
determining whether to modify the program.	6883

(F) As used in this section, "sexually oriented offense" has	6884
the same meaning as in section 2950.01 of the Revised Code.	6885

Sec. 2971.01. As used in this chapter:

6886

(A) "Mandatory prison term" has the same meaning as in	6887
section 2929.01 of the Revised Code.	6888

(B) "Designated homicide, assault, or kidnapping offense"	6889
means any of the following:	6890

(1) A violation of section 2903.01, 2903.02, 2903.11, or	6891
2905.01 of the Revised Code or a violation of division (A) of	6892
section 2903.04 of the Revised Code;	6893

(2) An attempt to commit or complicity in committing a	6894
violation listed in division (B)(1) of this section, if the	6895
attempt or complicity is a felony.	6896

(C) "Examiner" has the same meaning as in section 2945.371 of	6897
the Revised Code.	6898

(D) "Peace officer" has the same meaning as in section	6899
2935.01 of the Revised Code.	6900

(E) "Prosecuting attorney" means the prosecuting attorney who	6901
prosecuted the case of the offender in question or the successor	6902
in office to that prosecuting attorney.	6903

(F) "Sexually oriented offense" and "child-victim oriented	6904
offense" have the same meanings as in section 2950.01 of the	6905
Revised Code.	6906

(G) "Sexually violent offense" means any of the following:

6907

(1) A violent sex offense;

6908

(2) A designated homicide, assault, or kidnapping offense	6909
that the offender commits with a sexual motivation.	6910

(H)(1) "Sexually violent predator" means a person who, on or	6911
after January 1, 1997, commits a sexually violent offense and is	6912
likely to engage in the future in one or more sexually violent	6913
offenses.	6914

(2) For purposes of division (H)(1) of this section, any of	6915
the following factors may be considered as evidence tending to	6916
indicate that there is a likelihood that the person will engage in	6917
the future in one or more sexually violent offenses:	6918

(a) The person has been convicted two or more times, in	6919
separate criminal actions, of a sexually oriented offense or a	6920
child-victim oriented offense. For purposes of this division,	6921
convictions that result from or are connected with the same act or	6922
result from offenses committed at the same time are one	6923
conviction, and a conviction set aside pursuant to law is not a	6924
conviction.	6925

(b) The person has a documented history from childhood, into	6926
the juvenile developmental years, that exhibits sexually deviant	6927
behavior.	6928

(c) Available information or evidence suggests that the	6929
person chronically commits offenses with a sexual motivation.	6930

(d) The person has committed one or more offenses in which	6931
the person has tortured or engaged in ritualistic acts with one or	6932
more victims.	6933

(e) The person has committed one or more offenses in which	6934
one or more victims were physically harmed to the degree that the	6935
particular victim's life was in jeopardy.	6936

(f) Any other relevant evidence.

6937

(I) "Sexually violent predator specification" means a	6938
specification, as described in section 2941.148 of the Revised	6939
Code, that charges that a person charged with a violent sex	6940
offense, or a person charged with a designated homicide, assault,	6941
or kidnapping offense and a sexual motivation specification, is a	6942
sexually violent predator.	6943

(J) "Sexual motivation" means a purpose to gratify the sexual	6944
needs or desires of the offender.	6945

(K) "Sexual motivation specification" means a specification,	6946
as described in section 2941.147 of the Revised Code, that charges	6947
that a person charged with a designated homicide, assault, or	6948
kidnapping offense committed the offense with a sexual motivation.	6949

(L) "Violent sex offense" means any of the following:

6950

(1) A violation of section 2907.02,or 2907.03, orof former	6951
section 2907.12, or of division (B) of section 2907.04 or division	6952
(A)(4) or (B) of section 2907.05 of the Revised Code;	6953

(2) A felony violation of a former law of this state that is	6954
substantially equivalent to a violation listed in division (L)(1)	6955
of this section or of an existing or former law of the United	6956
States or of another state that is substantially equivalent to a	6957
violation listed in division (L)(1) of this section;	6958

(3) An attempt to commit or complicity in committing a	6959
violation listed in division (L)(1) or (2) of this section if the	6960
attempt or complicity is a felony.	6961

Sec. 2971.03. (A) Notwithstanding divisions (A) and (D) of	6962
section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or	6963
another section of the Revised Code, other than divisions (B) and	6964
(C) of section 2929.14 of the Revised Code, that authorizes or	6965
requires a specified prison term or a mandatory prison term for a	6966
person who is convicted of or pleads guilty to a felony or that	6967
specifies the manner and place of service of a prison term or term	6968
of imprisonment, the court shall impose a sentence upon a person	6969
who is convicted of or pleads guilty to a violent sex offense and	6970
who also is convicted of or pleads guilty to a sexually violent	6971
predator specification that was included in the indictment, count	6972
in the indictment, or information charging that offense, and upon	6973
a person who is convicted of or pleads guilty to a designated	6974
homicide, assault, or kidnapping offense and also is convicted of	6975
or pleads guilty to both a sexual motivation specification and a	6976
sexually violent predator specification that were included in the	6977
indictment, count in the indictment, or information charging that	6978
offense, as follows:	6979

(1) If the offense for which the sentence is being imposed is	6980
aggravated murder, aggravated rape, aggravated rape of a child,	6981
aggravated sexual battery, aggravated sexual battery of a child,	6982
or aggravated unlawful sexual conduct with a minor and if the	6983
court does not impose upon the offender a sentence of death, it	6984
shall impose upon the offender a term of life imprisonment without	6985
parole. If the court sentences the offender to death and the	6986
sentence of death is vacated, overturned, or otherwise set aside,	6987
the court shall impose upon the offender a term of life	6988
imprisonment without parole.	6989

(2) If the offense for which the sentence is being imposed is	6990
murder; or if the offense is rape committed in violation of	6991
division (A)(1)(b) of section 2907.02 of the Revised Code when the	6992
offender purposely compelled the victim to submit by force or	6993
threat of force, when the victim was less than ten years of age,	6994
when the offender previously has been convicted of or pleaded	6995
guilty to either rape committed in violation of that division or a	6996
violation of an existing or former law of this state, another	6997
state, or the United States that is substantially similar to	6998
division (A)(1)(b) of section 2907.02 of the Revised Code, or when	6999
the offender during or immediately after the commission of the	7000
rape caused serious physical harm to the victim; or if the offense	7001
is an offense other than aggravated murder or, murder, aggravated	7002
rape, aggravated rape of a child, aggravated sexual battery,	7003
aggravated sexual battery of a child, or aggravated unlawful	7004
sexual conduct with a minor for which a term of life imprisonment	7005
may be imposed, it shall impose upon the offender a term of life	7006
imprisonment without parole.	7007

(3)(a) Except as otherwise provided in division (A)(3)(b),	7008
(c), (d), or (e) or (A)(4) of this section, if the offense for	7009
which the sentence is being imposed is an offense other than	7010
aggravated murder, murder, or rape, aggravated rape, aggravated	7011
rape of a child, aggravated sexual battery, aggravated sexual	7012
battery of a child, or aggravated unlawful sexual conduct with a	7013
minor and other than an offense for which a term of life	7014
imprisonment may be imposed, it shall impose an indefinite prison	7015
term consisting of a minimum term fixed by the court from among	7016
the range of terms available as a definite term for the offense,	7017
but not less than two years, and a maximum term of life	7018
imprisonment.	7019

(b) Except as otherwise provided in division (A)(4) of this	7020
section, if the offense for which the sentence is being imposed is	7021
kidnapping that is a felony of the first degree, it shall impose	7022
an indefinite prison term as follows:	7023

(i) If the kidnapping is committed on or after January 1,	7024
2008, and the victim of the offense is less than thirteen years of	7025
age, except as otherwise provided in this division, it shall	7026
impose an indefinite prison term consisting of a minimum term of	7027
fifteen years and a maximum term of life imprisonment. If the	7028
kidnapping is committed on or after January 1, 2008, the victim of	7029
the offense is less than thirteen years of age, and the offender	7030
released the victim in a safe place unharmed, it shall impose an	7031
indefinite prison term consisting of a minimum term of ten years	7032
and a maximum term of life imprisonment.	7033

(ii) If the kidnapping is committed prior to January 1, 2008,	7034
or division (A)(3)(b)(i) of this section does not apply, it shall	7035
impose an indefinite term consisting of a minimum term fixed by	7036
the court that is not less than ten years and a maximum term of	7037
life imprisonment.	7038

(c) Except as otherwise provided in division (A)(4) of this	7039
section, if the offense for which the sentence is being imposed is	7040
kidnapping that is a felony of the second degree, it shall impose	7041
an indefinite prison term consisting of a minimum term fixed by	7042
the court that is not less than eight years, and a maximum term of	7043
life imprisonment.	7044

(d) Except as otherwise provided in division (A)(4) of this	7045
section, if the offense for which the sentence is being imposed is	7046
rape for which a term of life imprisonment is not imposed under	7047
division (A)(2) of this section or division (B) of section 2907.02	7048
of the Revised Code, it shall impose an indefinite prison term as	7049
follows:	7050

(i) If the rape is committed on or after January 2, 2007, in	7051
violation of division (A)(1)(b) of section 2907.02 of the Revised	7052
Code, it shall impose an indefinite prison term consisting of a	7053
minimum term of twenty-five years and a maximum term of life	7054
imprisonment.	7055

(ii) If the rape is committed prior to January 2, 2007, or	7056
the rape is committed on or after January 2, 2007, other than in	7057
violation of division (A)(1)(b) of section 2907.02 of the Revised	7058
Code, it shall impose an indefinite prison term consisting of a	7059
minimum term fixed by the court that is not less than ten years,	7060
and a maximum term of life imprisonment.	7061

(e) Except as otherwise provided in division (A)(4) of this	7062
section, if the offense for which sentence is being imposed is	7063
attempted rape that was committed on or after January 1, 2007, or	7064
is attempted aggravated rape, attempted aggravated rape of a	7065
child, attempted aggravated sexual battery, attempted aggravated	7066
sexual battery of a child, or attempted aggravated unlawful sexual	7067
conduct with a minor, it shall impose an indefinite prison term as	7068
follows:	7069

(i) Except as otherwise provided in division (A)(3)(e)(ii),	7070
(iii), or (iv) of this section, it shall impose an indefinite	7071
prison term pursuant to division (A)(3)(a) of this section.	7072

(ii) If the ~~attempted rape~~offense for which sentence is	7073
being imposed is attempted rape that was committed on or after	7074
January 2, 2007, or is attempted aggravated rape, attempted	7075
aggravated rape of a child, attempted aggravated sexual battery,	7076
attempted aggravated sexual battery of a child, or attempted	7077
aggravated unlawful sexual conduct with a minor and if in any case	7078
the offender also is convicted of or pleads guilty to a	7079
specification of the type described in section 2941.1418 of the	7080
Revised Code, it shall impose an indefinite prison term consisting	7081
of a minimum term of five years and a maximum term of twenty-five	7082
years.	7083

(iii) If the ~~attempted rape~~offense for which sentence is	7084
being imposed is attempted rape that was committed on or after	7085
January 2, 2007, or is attempted aggravated rape, attempted	7086
aggravated rape of a child, attempted aggravated sexual battery,	7087
attempted aggravated sexual battery of a child, or attempted	7088
aggravated unlawful sexual conduct with a minor and if in any case	7089
the offender also is convicted of or pleads guilty to a	7090
specification of the type described in section 2941.1419 of the	7091
Revised Code, it shall impose an indefinite prison term consisting	7092
of a minimum term of ten years and a maximum of life imprisonment.	7093

(iv) If the ~~attempted rape~~offense for which sentence is	7094
being imposed is attempted rape that was committed on or after	7095
January 2, 2007, or is attempted aggravated rape, attempted	7096
aggravated rape of a child, attempted aggravated sexual battery,	7097
attempted aggravated sexual battery of a child, or attempted	7098
aggravated unlawful sexual conduct with a minor and if in any case	7099
the offender also is convicted of or pleads guilty to a	7100
specification of the type described in section 2941.1420 of the	7101
Revised Code, it shall impose an indefinite prison term consisting	7102
of a minimum term of fifteen years and a maximum of life	7103
imprisonment.	7104

(4) For any offense for which the sentence is being imposed,	7105
if the court does not impose upon the offender a sentence of death	7106
and if the offender previously has been convicted of or pleaded	7107
guilty to a violent sex offense and also to a sexually violent	7108
predator specification that was included in the indictment, count	7109
in the indictment, or information charging that offense, or	7110
previously has been convicted of or pleaded guilty to a designated	7111
homicide, assault, or kidnapping offense and also to both a sexual	7112
motivation specification and a sexually violent predator	7113
specification that were included in the indictment, count in the	7114
indictment, or information charging that offense, it shall impose	7115
upon the offender a term of life imprisonment without parole.	7116

(B)(1) Notwithstanding section 2929.13, division (A) or (D)	7117
of section 2929.14, or another section of the Revised Code other	7118
than division (B) of section 2907.02 or divisions (B) and (C) of	7119
section 2929.14 of the Revised Code that authorizes or requires a	7120
specified prison term or a mandatory prison term for a person who	7121
is convicted of or pleads guilty to a felony or that specifies the	7122
manner and place of service of a prison term or term of	7123
imprisonment, if a person is convicted of or pleads guilty to a	7124
violation of division (A)(1)(b) of section 2907.02 of the Revised	7125
Code committed on or after January 2, 2007, if division (A) of	7126
this section does not apply regarding the person, and if the court	7127
does not impose a sentence of life without parole when authorized	7128
pursuant to division (B) of section 2907.02 of the Revised Code,	7129
the court shall impose upon the person an indefinite prison term	7130
consisting of one of the following:	7131

(a) Except as otherwise required in division (B)(1)(b) or (c)	7132
of this section, a minimum term of ten years and a maximum term of	7133
life imprisonment.	7134

(b) If the victim was less than ten years of age, a minimum	7135
term of fifteen years and a maximum of life imprisonment.	7136

(c) If the offender purposely compels the victim to submit by	7137
force or threat of force, or if the offender previously has been	7138
convicted of or pleaded guilty to violating division (A)(1)(b) of	7139
section 2907.02 of the Revised Code or to violating an existing or	7140
former law of this state, another state, or the United States that	7141
is substantially similar to division (A)(1)(b) of that section, or	7142
if the offender during or immediately after the commission of the	7143
offense caused serious physical harm to the victim, a minimum term	7144
of twenty-five years and a maximum of life imprisonment.	7145

(2) Notwithstanding section 2929.13, division (A) or (D) of	7146
section 2929.14, or another section of the Revised Code other than	7147
divisions (B) and (C) of section 2929.14 of the Revised Code that	7148
authorizes or requires a specified prison term or a mandatory	7149
prison term for a person who is convicted of or pleads guilty to a	7150
felony or that specifies the manner and place of service of a	7151
prison term or term of imprisonment and except as otherwise	7152
provided in division (B) of section 2907.02 of the Revised Code,	7153
if a person is convicted of or pleads guilty to attempted rape	7154
that was committed on or after January 2, 2007, or attempted	7155
aggravated rape or attempted aggravated rape of a child and if	7156
division (A) of this section does not apply regarding the person,	7157
the court shall impose upon the person an indefinite prison term	7158
consisting of one of the following:	7159

(a) If the person also is convicted of or pleads guilty to a	7160
specification of the type described in section 2941.1418 of the	7161
Revised Code, the court shall impose upon the person an indefinite	7162
prison term consisting of a minimum term of five years and a	7163
maximum term of twenty-five years.	7164

(b) If the person also is convicted of or pleads guilty to a	7165
specification of the type described in section 2941.1419 of the	7166
Revised Code, the court shall impose upon the person an indefinite	7167
prison term consisting of a minimum term of ten years and a	7168
maximum term of life imprisonment.	7169

(c) If the person also is convicted of or pleads guilty to a	7170
specification of the type described in section 2941.1420 of the	7171
Revised Code, the court shall impose upon the person an indefinite	7172
prison term consisting of a minimum term of fifteen years and a	7173
maximum term of life imprisonment.	7174

(3) Notwithstanding section 2929.13, division (A) or (D) of	7175
section 2929.14, or another section of the Revised Code other than	7176
divisions (B) and (C) of section 2929.14 of the Revised Code that	7177
authorizes or requires a specified prison term or a mandatory	7178
prison term for a person who is convicted of or pleads guilty to a	7179
felony or that specifies the manner and place of service of a	7180
prison term or term of imprisonment, if a person is convicted of	7181
or pleads guilty to an offense described in division (B)(3)(a),	7182
(b), (c), or (d) of this section committed on or after January 1,	7183
2008, if the person also is convicted of or pleads guilty to a	7184
sexual motivation specification that was included in the	7185
indictment, count in the indictment, or information charging that	7186
offense, and if division (A) of this section does not apply	7187
regarding the person, the court shall impose upon the person an	7188
indefinite prison term consisting of one of the following:	7189

(a) An indefinite prison term consisting of a minimum of ten	7190
years and a maximum term of life imprisonment if the offense for	7191
which the sentence is being imposed is kidnapping, the victim of	7192
the offense is less than thirteen years of age, and the offender	7193
released the victim in a safe place unharmed;	7194

(b) An indefinite prison term consisting of a minimum of	7195
fifteen years and a maximum term of life imprisonment if the	7196
offense for which the sentence is being imposed is kidnapping when	7197
the victim of the offense is less than thirteen years of age and	7198
division (B)(3)(a) of this section does not apply;	7199

(c) An indefinite term consisting of a minimum of thirty	7200
years and a maximum term of life imprisonment if the offense for	7201
which the sentence is being imposed is aggravated murder, when the	7202
victim of the offense is less than thirteen years of age, a	7203
sentence of death or life imprisonment without parole is not	7204
imposed for the offense, and division (A)(2)(b)(ii) of section	7205
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	7206
(D)(2)~~(b)~~(a)(ii), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03,	7207
or division (A) or (B) of section 2929.06 of the Revised Code	7208
requires that the sentence for the offense be imposed pursuant to	7209
this division;	7210

(d) An indefinite prison term consisting of a minimum of	7211
thirty years and a maximum term of life imprisonment if the	7212
offense for which the sentence is being imposed is murder when the	7213
victim of the offense is less than thirteen years of age.	7214

(C)(1) If the offender is sentenced to a prison term pursuant	7215
to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	7216
(c), or (B)(3)(a), (b), (c), or (d) of this section, the parole	7217
board shall have control over the offender's service of the term	7218
during the entire term unless the parole board terminates its	7219
control in accordance with section 2971.04 of the Revised Code.	7220

(2) Except as provided in division (C)(3) of this section, an	7221
offender sentenced to a prison term or term of life imprisonment	7222
without parole pursuant to division (A) of this section shall	7223
serve the entire prison term or term of life imprisonment in a	7224
state correctional institution. The offender is not eligible for	7225
judicial release under section 2929.20 of the Revised Code.	7226

(3) For a prison term imposed pursuant to division (A)(3),	7227
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	7228
(c), or (d) of this section, the court, in accordance with section	7229
2971.05 of the Revised Code, may terminate the prison term or	7230
modify the requirement that the offender serve the entire term in	7231
a state correctional institution if all of the following apply:	7232

(a) The offender has served at least the minimum term imposed	7233
as part of that prison term.	7234

(b) The parole board, pursuant to section 2971.04 of the	7235
Revised Code, has terminated its control over the offender's	7236
service of that prison term.	7237

(c) The court has held a hearing and found, by clear and	7238
convincing evidence, one of the following:	7239

(i) In the case of termination of the prison term, that the	7240
offender is unlikely to commit a sexually violent offense in the	7241
future;	7242

(ii) In the case of modification of the requirement, that the	7243
offender does not represent a substantial risk of physical harm to	7244
others.	7245

(4) An offender who has been sentenced to a term of life	7246
imprisonment without parole pursuant to division (A)(1), (2), or	7247
(4) of this section shall not be released from the term of life	7248
imprisonment or be permitted to serve a portion of it in a place	7249
other than a state correctional institution.	7250

(D) If a court sentences an offender to a prison term or term	7251
of life imprisonment without parole pursuant to division (A) of	7252
this section and the court also imposes on the offender one or	7253
more additional prison terms pursuant to division (B) of section	7254
2929.14 of the Revised Code, all of the additional prison terms	7255
shall be served consecutively with, and prior to, the prison term	7256
or term of life imprisonment without parole imposed upon the	7257
offender pursuant to division (A) of this section.	7258

(E) If the offender is convicted of or pleads guilty to two	7259
or more offenses for which a prison term or term of life	7260
imprisonment without parole is required to be imposed pursuant to	7261
division (A) of this section, divisions (A) to (D) of this section	7262
shall be applied for each offense. All minimum terms imposed upon	7263
the offender pursuant to division (A)(3) or (B) of this section	7264
for those offenses shall be aggregated and served consecutively,	7265
as if they were a single minimum term imposed under that division.	7266

(F)(1) If an offender is convicted of or pleads guilty to a	7267
violent sex offense and also is convicted of or pleads guilty to a	7268
sexually violent predator specification that was included in the	7269
indictment, count in the indictment, or information charging that	7270
offense, or is convicted of or pleads guilty to a designated	7271
homicide, assault, or kidnapping offense and also is convicted of	7272
or pleads guilty to both a sexual motivation specification and a	7273
sexually violent predator specification that were included in the	7274
indictment, count in the indictment, or information charging that	7275
offense, the conviction of or plea of guilty to the offense and	7276
the sexually violent predator specification automatically	7277
classifies the offender as a tier III sex offender/child-victim	7278
offender for purposes of Chapter 2950. of the Revised Code.	7279

(2) If an offender is convicted of or pleads guilty to	7280
committing on or after January 2, 2007, a violation of division	7281
(A)(1)(b) of section 2907.02 of the Revised Code and either the	7282
offender is sentenced under section 2971.03 of the Revised Code or	7283
a sentence of life without parole is imposed under division (B) of	7284
section 2907.02 of the Revised Code, the conviction of or plea of	7285
guilty to the offense automatically classifies the offender as a	7286
tier III sex offender/child-victim offender for purposes of	7287
Chapter 2950. of the Revised Code.	7288

(3) If a person is convicted of or pleads guilty to	7289
~~committing on or after January 2, 2007,~~ attempted rape that was	7290
committed on or after January 1, 2007, or attempted aggravated	7291
rape or attempted aggravated rape of a child and also is convicted	7292
of or pleads guilty to a specification of the type described in	7293
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code,	7294
the conviction of or plea of guilty to the offense and the	7295
specification automatically classify the offender as a tier III	7296
sex offender/child-victim offender for purposes of Chapter 2950.	7297
of the Revised Code.	7298

(4) If a person is convicted of or pleads guilty to one of	7299
the offenses described in division (B)(3)(a), (b), (c), or (d) of	7300
this section and a sexual motivation specification related to the	7301
offense and the victim of the offense is less than thirteen years	7302
of age, the conviction of or plea of guilty to the offense	7303
automatically classifies the offender as a tier III sex	7304
offender/child-victim offender for purposes of Chapter 2950. of	7305
the Revised Code.	7306

Sec. 2971.07. (A) This chapter does not apply to any	7307
offender unless the offender is one of the following:	7308

(1) The offender is convicted of or pleads guilty to a	7309
violent sex offense and also is convicted of or pleads guilty to a	7310
sexually violent predator specification that was included in the	7311
indictment, count in the indictment, or information charging that	7312
offense.	7313

(2) The offender is convicted of or pleads guilty to a	7314
designated homicide, assault, or kidnapping offense and also is	7315
convicted of or pleads guilty to both a sexual motivation	7316
specification and a sexually violent predator specification that	7317
were included in the indictment, count in the indictment, or	7318
information charging that offense.	7319

(3) The offender is convicted of or pleads guilty to a	7320
violation of division (A)(1)(b) of section 2907.02 of the Revised	7321
Code committed on or after January 2, 2007, and the court does not	7322
sentence the offender to a term of life without parole pursuant to	7323
division (B) of section 2907.02 of the Revised Code or division	7324
(B) of that section prohibits the court from sentencing the	7325
offender pursuant to section 2971.03 of the Revised Code.	7326

(4) The offender is convicted of or pleads guilty to	7327
attempted rape that was committed on or after January 2, 2007, or	7328
to attempted aggravated rape or attempted aggravated rape of a	7329
child and in either case also is convicted of or pleads guilty to	7330
a specification of the type described in section 2941.1418,	7331
2941.1419, or 2941.1420 of the Revised Code.	7332

(5) The offender is convicted of or pleads guilty to a	7333
violation of section 2905.01 of the Revised Code and also is	7334
convicted of or pleads guilty to a sexual motivation specification	7335
that was included in the indictment, count in the indictment, or	7336
information charging that offense, and that section requires a	7337
court to sentence the offender pursuant to section 2971.03 of the	7338
Revised Code.	7339

(6) The offender is convicted of or pleads guilty to	7340
aggravated murder and also is convicted of or pleads guilty to a	7341
sexual motivation specification that was included in the	7342
indictment, count in the indictment, or information charging that	7343
offense, and division (A)(2)(b)(ii) of section 2929.022, division	7344
(A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)~~(b)~~(a)(ii),	7345
(D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A) or	7346
(B) of section 2929.06 of the Revised Code requires a court to	7347
sentence the offender pursuant to division (B)(3) of section	7348
2971.03 of the Revised Code.	7349

(7) The offender is convicted of or pleads guilty to murder	7350
and also is convicted of or pleads guilty to a sexual motivation	7351
specification that was included in the indictment, count in the	7352
indictment, or information charging that offense, and division	7353
(B)(2) of section 2929.02 of the Revised Code requires a court to	7354
sentence the offender pursuant to section 2971.03 of the Revised	7355
Code.	7356

(B) This chapter does not limit or affect a court in imposing	7357
upon an offender described in divisions (A)(1) to (9) of this	7358
section any financial sanction under section 2929.18 or any other	7359
section of the Revised Code, or, except as specifically provided	7360
in this chapter, any other sanction that is authorized or required	7361
for the offense or violation by any other provision of law.	7362

(C) If an offender is sentenced to a prison term under	7363
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),	7364
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised	7365
Code and if, pursuant to section 2971.05 of the Revised Code, the	7366
court modifies the requirement that the offender serve the entire	7367
prison term in a state correctional institution or places the	7368
offender on conditional release that involves the placement of the	7369
offender under the supervision of the adult parole authority,	7370
authorized field officers of the authority who are engaged within	7371
the scope of their supervisory duties or responsibilities may	7372
search, with or without a warrant, the person of the offender, the	7373
place of residence of the offender, and a motor vehicle, another	7374
item of tangible or intangible personal property, or any other	7375
real property in which the offender has the express or implied	7376
permission of a person with a right, title, or interest to use,	7377
occupy, or possess if the field officer has reasonable grounds to	7378
believe that the offender is not abiding by the law or otherwise	7379
is not complying with the terms and conditions of the offender's	7380
modification or release. The authority shall provide each offender	7381
with a written notice that informs the offender that authorized	7382
field officers of the authority who are engaged within the scope	7383
of their supervisory duties or responsibilities may conduct those	7384
types of searches during the period of the modification or release	7385
if they have reasonable grounds to believe that the offender is	7386
not abiding by the law or otherwise is not complying with the	7387
terms and conditions of the offender's modification or release.	7388

Sec. 3107.07. Consent to adoption is not required of any of	7389
the following:	7390

(A) A parent of a minor, when it is alleged in the adoption	7391
petition and the court, after proper service of notice and	7392
hearing, finds by clear and convincing evidence that the parent	7393
has failed without justifiable cause to provide more than de	7394
minimis contact with the minor or to provide for the maintenance	7395
and support of the minor as required by law or judicial decree for	7396
a period of at least one year immediately preceding either the	7397
filing of the adoption petition or the placement of the minor in	7398
the home of the petitioner.	7399

(B) The putative father of a minor if either of the following	7400
applies:	7401

(1) The putative father fails to register as the minor's	7402
putative father with the putative father registry established	7403
under section 3107.062 of the Revised Code not later than thirty	7404
days after the minor's birth;	7405

(2) The court finds, after proper service of notice and	7406
hearing, that any of the following are the case:	7407

(a) The putative father is not the father of the minor;

7408

(b) The putative father has willfully abandoned or failed to	7409
care for and support the minor;	7410

(c) The putative father has willfully abandoned the mother of	7411
the minor during her pregnancy and up to the time of her surrender	7412
of the minor, or the minor's placement in the home of the	7413
petitioner, whichever occurs first.	7414

(C) Except as provided in section 3107.071 of the Revised	7415
Code, a parent who has entered into a voluntary permanent custody	7416
surrender agreement under division (B) of section 5103.15 of the	7417
Revised Code;	7418

(D) A parent whose parental rights have been terminated by	7419
order of a juvenile court under Chapter 2151. of the Revised Code;	7420

(E) A parent who is married to the petitioner and supports	7421
the adoption;	7422

(F) The father, or putative father, of a minor if the minor	7423
is conceived as the result of the commission of an act of rape by	7424
the father or putative father and the father or putative father is	7425
convicted of or pleads guilty to the commission of that offense.	7426
As used in this division, "act of rape" means a violation of	7427
division (A)(1), (2), or (3) of section 2907.02 of the Revised	7428
Code or a similar law of another state.	7429

(G) A legal guardian or guardian ad litem of a parent	7430
judicially declared incompetent in a separate court proceeding who	7431
has failed to respond in writing to a request for consent, for a	7432
period of thirty days, or who, after examination of the written	7433
reasons for withholding consent, is found by the court to be	7434
withholding consent unreasonably;	7435

(H) Any legal guardian or lawful custodian of the person to	7436
be adopted, other than a parent, who has failed to respond in	7437
writing to a request for consent, for a period of thirty days, or	7438
who, after examination of the written reasons for withholding	7439
consent, is found by the court to be withholding consent	7440
unreasonably;	7441

(I) The spouse of the person to be adopted, if the failure of	7442
the spouse to consent to the adoption is found by the court to be	7443
by reason of prolonged unexplained absence, unavailability,	7444
incapacity, or circumstances that make it impossible or	7445
unreasonably difficult to obtain the consent or refusal of the	7446
spouse;	7447

(J) Any parent, legal guardian, or other lawful custodian in	7448
a foreign country, if the person to be adopted has been released	7449
for adoption pursuant to the laws of the country in which the	7450
person resides and the release of such person is in a form that	7451
satisfies the requirements of the immigration and naturalization	7452
service of the United States department of justice for purposes of	7453
immigration to the United States pursuant to section 101(b)(1)(F)	7454
of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8	7455
U.S.C. 1101(b)(1)(F), as amended or reenacted.	7456

(K) Except as provided in divisions (G) and (H) of this	7457
section, a juvenile court, agency, or person given notice of the	7458
petition pursuant to division (A)(1) of section 3107.11 of the	7459
Revised Code that fails to file an objection to the petition	7460
within fourteen days after proof is filed pursuant to division (B)	7461
of that section that the notice was given;	7462

(L) Any guardian, custodian, or other party who has temporary	7463
custody of the child.	7464

Sec. 3311.82. Notwithstanding any provision of the Revised	7465
Code to the contrary, a municipal school district shall be subject	7466
to this section instead of sections 3319.16 and 3319.161 of the	7467
Revised Code with respect to termination of teacher contracts, but	7468
those sections shall apply to the district with respect to	7469
termination of contracts with other district employees licensed by	7470
the state board of education, subject to section 3311.72 and	7471
division (F) of section 3311.84 of the Revised Code.	7472

(A) The board of education of a municipal school district may	7473
terminate the contract of a teacher employed by the board only for	7474
good and just cause. In addition, the board may place a teacher on	7475
disciplinary suspension without pay for a definite period of time	7476
for good and just cause. For purposes of contract terminations,	7477
good and just cause shall include receiving a composite evaluation	7478
rating of ineffective under section 3311.80 of the Revised Code	7479
for two consecutive years. A violation of division (A)(7) of	7480
section 2907.03 of the Revised Code or a violation of division (B)	7481
of that section based on conduct of the type described in division	7482
(A)(7) of that section is grounds for termination or disciplinary	7483
suspension without pay of a teacher under this section.	7484

(B) If an administrator determines, after a preliminary	7485
investigation, that a teacher may have engaged in conduct that	7486
could lead to a recommendation for termination or disciplinary	7487
suspension without pay, the teacher shall be entitled to a	7488
fact-finding hearing to determine if termination or disciplinary	7489
suspension without pay is warranted. The hearing shall be held	7490
before an administrator designated by the chief executive officer	7491
of the district. Prior to the hearing, the administrator	7492
designated by the chief executive officer shall provide the	7493
teacher with written notice of the allegations and of the right to	7494
request representation by the teachers' labor organization, and	7495
copies of any written evidence related to the allegations. The	7496
hearing shall be held within a reasonable period of time following	7497
the teacher's receipt of the written notice of the allegations.	7498
The teacher may have a representative of the teachers' labor	7499
organization present at the hearing. During the hearing, the	7500
teacher shall be given a meaningful opportunity to respond to the	7501
allegations, including the opportunity to submit additional	7502
evidence. Not later than ten business days after the hearing, the	7503
administrator designated by the chief executive officer shall	7504
notify the teacher in writing of the administrator's	7505
recommendation for discipline and the rationale for the	7506
recommendation, and shall provide a copy of the notification to	7507
the chief executive officer.	7508

(C) If the administrator designated by the chief executive	7509
officer recommends to the chief executive officer that the teacher	7510
be terminated or placed on disciplinary suspension without pay,	7511
the chief executive officer shall review the evidence and	7512
determine whether termination or disciplinary suspension without	7513
pay is warranted. The chief executive officer shall make a	7514
recommendation regarding discipline at the next scheduled meeting	7515
of the board. The board may adopt or modify the chief executive	7516
officer's recommendation, except that the board shall not increase	7517
the recommended discipline. The board shall notify the teacher of	7518
any action taken by the board on the chief executive officer's	7519
recommendation. Any termination or disciplinary suspension without	7520
pay imposed by the board shall take effect immediately.	7521

(D) A teacher who is terminated or placed on disciplinary	7522
suspension without pay under this section may appeal the board's	7523
action in accordance with the grievance procedures specified in	7524
any applicable collective bargaining agreement. The failure of the	7525
board, chief executive officer, or administrator designated by the	7526
chief executive officer to strictly comply with any procedures	7527
established by this section or applicable collective bargaining	7528
agreement shall not be cause for an arbitrator to overturn the	7529
termination or disciplinary suspension without pay, unless the	7530
arbitrator finds that the failure resulted in substantive harm to	7531
the teacher.	7532

(E) Notwithstanding any provision to the contrary in Chapter	7533
4117. of the Revised Code:	7534

(1) The provisions of section 3319.16 of the Revised Code	7535
relating to the grounds for termination of the contract of a	7536
teacher prevail over any conflicting provisions of a collective	7537
bargaining agreement entered into prior to ~~the effective date of~~	7538
~~this section~~October 1, 2012.	7539

(2) The requirements of this section prevail over any	7540
conflicting provisions of a collective bargaining agreement	7541
entered into on or after ~~the effective date of this section~~	7542
October 1, 2012.	7543

Sec. 3319.081. Except as otherwise provided in division (G)	7544
of this section, in all school districts wherein the provisions of	7545
Chapter 124. of the Revised Code do not apply, the following	7546
employment contract system shall control for employees whose	7547
contracts of employment are not otherwise provided by law:	7548

(A) Newly hired regular nonteaching school employees,	7549
including regular hourly rate and per diem employees, shall enter	7550
into written contracts for their employment which shall be for a	7551
period of not more than one year. If such employees are rehired,	7552
their subsequent contract shall be for a period of two years.	7553

(B) After the termination of the two-year contract provided	7554
in division (A) of this section, if the contract of a nonteaching	7555
employee is renewed, the employee shall be continued in	7556
employment, and the salary provided in the contract may be	7557
increased but not reduced unless such reduction is a part of a	7558
uniform plan affecting the nonteaching employees of the entire	7559
district.	7560

(C) The contracts as provided for in this section may be	7561
terminated by a majority vote of the board of education. Except as	7562
provided in sections 3319.0810 and 3319.172 of the Revised Code,	7563
the contracts may be terminated only for violation of written	7564
rules and regulations as set forth by the board of education or	7565
for incompetency, inefficiency, dishonesty, drunkenness, immoral	7566
conduct, insubordination, discourteous treatment of the public,	7567
neglect of duty, or any other acts of misfeasance, malfeasance, or	7568
nonfeasance. In addition to the right of the board of education to	7569
terminate the contract of an employee, the board may suspend an	7570
employee for a definite period of time or demote the employee for	7571
the reasons set forth in this division. The action of the board of	7572
education terminating the contract of an employee or suspending or	7573
demoting the employee shall be served upon the employee by	7574
certified mail. Within ten days following the receipt of such	7575
notice by the employee, the employee may file an appeal, in	7576
writing, with the court of common pleas of the county in which	7577
such school board is situated. After hearing the appeal the common	7578
pleas court may affirm, disaffirm, or modify the action of the	7579
school board.	7580

A violation of division (A)(7) of section 2907.03 of the	7581
Revised Code or a violation of division (B) of that section based	7582
on conduct of the type described in division (A)(7) of that	7583
section is grounds for termination of employment of a nonteaching	7584
employee under this division.	7585

(D) All employees who have been employed by a school district	7586
where the provisions of Chapter 124. of the Revised Code do not	7587
apply, for a period of at least three years on November 24, 1967,	7588
shall hold continuing contracts of employment pursuant to this	7589
section.	7590

(E) Any nonteaching school employee may terminate the	7591
nonteaching school employee's contract of employment thirty days	7592
subsequent to the filing of a written notice of such termination	7593
with the treasurer of the board.	7594

(F) A person hired exclusively for the purpose of replacing a	7595
nonteaching school employee while such employee is on leave of	7596
absence granted under section 3319.13 of the Revised Code is not a	7597
regular nonteaching school employee under this section.	7598

(G) All nonteaching employees employed pursuant to this	7599
section and Chapter 124. of the Revised Code shall be paid for all	7600
time lost when the schools in which they are employed are closed	7601
owing to an epidemic or other public calamity. Nothing in this	7602
division shall be construed as requiring payment in excess of an	7603
employee's regular wage rate or salary for any time worked while	7604
the school in which the employee is employed is officially closed	7605
for the reasons set forth in this division.	7606

Sec. 3319.16. The contract of any teacher employed by the	7607
board of education of any city, exempted village, local, county,	7608
or joint vocational school district may not be terminated except	7609
for good and just cause. Notwithstanding any provision to the	7610
contrary in Chapter 4117. of the Revised Code, the provisions of	7611
this section relating to the grounds for termination of the	7612
contract of a teacher prevail over any conflicting provisions of a	7613
collective bargaining agreement entered into after ~~the effective~~	7614
~~date of this amendment~~October 16, 2009.	7615

Before terminating any contract, the employing board shall	7616
furnish the teacher a written notice signed by its treasurer of	7617
its intention to consider the termination of the teacher's	7618
contract with full specification of the grounds for such	7619
consideration. The board shall not proceed with formal action to	7620
terminate the contract until after the tenth day after receipt of	7621
the notice by the teacher. Within ten days after receipt of the	7622
notice from the treasurer of the board, the teacher may file with	7623
the treasurer a written demand for a hearing before the board or	7624
before a referee, and the board shall set a time for the hearing	7625
which shall be within thirty days from the date of receipt of the	7626
written demand, and the treasurer shall give the teacher at least	7627
twenty days' notice in writing of the time and place of the	7628
hearing. If a referee is demanded by either the teacher or board,	7629
the treasurer also shall give twenty days' notice to the	7630
superintendent of public instruction. No hearing shall be held	7631
during the summer vacation without the teacher's consent. The	7632
hearing shall be private unless the teacher requests a public	7633
hearing. The hearing shall be conducted by a referee appointed	7634
pursuant to section 3319.161 of the Revised Code, if demanded;	7635
otherwise, it shall be conducted by a majority of the members of	7636
the board and shall be confined to the grounds given for the	7637
termination. The board shall provide for a complete stenographic	7638
record of the proceedings, a copy of the record to be furnished to	7639
the teacher. The board may suspend a teacher pending final action	7640
to terminate the teacher's contract if, in its judgment, the	7641
character of the charges warrants such action.	7642

Both parties may be present at such hearing, be represented	7643
by counsel, require witnesses to be under oath, cross-examine	7644
witnesses, take a record of the proceedings, and require the	7645
presence of witnesses in their behalf upon subpoena to be issued	7646
by the treasurer of the board. In case of the failure of any	7647
person to comply with a subpoena, a judge of the court of common	7648
pleas of the county in which the person resides, upon application	7649
of any interested party, shall compel attendance of the person by	7650
attachment proceedings as for contempt. Any member of the board or	7651
the referee may administer oaths to witnesses. After a hearing by	7652
a referee, the referee shall file a report within ten days after	7653
the termination of the hearing. After consideration of the	7654
referee's report, the board, by a majority vote, may accept or	7655
reject the referee's recommendation on the termination of the	7656
teacher's contract. After a hearing by the board, the board, by	7657
majority vote, may enter its determination upon its minutes. Any	7658
order of termination of a contract shall state the grounds for	7659
termination. If the decision, after hearing, is against	7660
termination of the contract, the charges and the record of the	7661
hearing shall be physically expunged from the minutes, and, if the	7662
teacher has suffered any loss of salary by reason of being	7663
suspended, the teacher shall be paid the teacher's full salary for	7664
the period of such suspension.	7665

Any teacher affected by an order of termination of contract	7666
may appeal to the court of common pleas of the county in which the	7667
school is located within thirty days after receipt of notice of	7668
the entry of such order. The appeal shall be an original action in	7669
the court and shall be commenced by the filing of a complaint	7670
against the board, in which complaint the facts shall be alleged	7671
upon which the teacher relies for a reversal or modification of	7672
such order of termination of contract. Upon service or waiver of	7673
summons in that appeal, the board immediately shall transmit to	7674
the clerk of the court for filing a transcript of the original	7675
papers filed with the board, a certified copy of the minutes of	7676
the board into which the termination finding was entered, and a	7677
certified transcript of all evidence adduced at the hearing or	7678
hearings before the board or a certified transcript of all	7679
evidence adduced at the hearing or hearings before the referee,	7680
whereupon the cause shall be at issue without further pleading and	7681
shall be advanced and heard without delay. The court shall examine	7682
the transcript and record of the hearing and shall hold such	7683
additional hearings as it considers advisable, at which it may	7684
consider other evidence in addition to the transcript and record.	7685

Upon final hearing, the court shall grant or deny the relief	7686
prayed for in the complaint as may be proper in accordance with	7687
the evidence adduced in the hearing. Such an action is a special	7688
proceeding, and either the teacher or the board may appeal from	7689
the decision of the court of common pleas pursuant to the Rules of	7690
Appellate Procedure and, to the extent not in conflict with those	7691
rules, Chapter 2505. of the Revised Code.	7692

In any court action, the board may utilize the services of	7693
the prosecuting attorney, village solicitor, city director of law,	7694
or other chief legal officer of a municipal corporation as	7695
authorized by section 3313.35 of the Revised Code, or may employ	7696
other legal counsel.	7697

A violation of division (A)(7) of section 2907.03 of the	7698
Revised Code or a violation of division (B) of that section based	7699
on conduct of the type described in division (A)(7) of that	7700
section is grounds for termination of a teacher contract under	7701
this section.	7702

Sec. 4715.30. (A) An applicant for or holder of a	7703
certificate or license issued under this chapter is subject to	7704
disciplinary action by the state dental board for any of the	7705
following reasons:	7706

(1) Employing or cooperating in fraud or material deception	7707
in applying for or obtaining a license or certificate;	7708

(2) Obtaining or attempting to obtain money or anything of	7709
value by intentional misrepresentation or material deception in	7710
the course of practice;	7711

(3) Advertising services in a false or misleading manner or	7712
violating the board's rules governing time, place, and manner of	7713
advertising;	7714

(4) Commission of an act that constitutes a felony in this	7715
state, regardless of the jurisdiction in which the act was	7716
committed;	7717

(5) Commission of an act in the course of practice that	7718
constitutes a misdemeanor in this state, regardless of the	7719
jurisdiction in which the act was committed;	7720

(6) Conviction of, a plea of guilty to, a judicial finding of	7721
guilt of, a judicial finding of guilt resulting from a plea of no	7722
contest to, or a judicial finding of eligibility for intervention	7723
in lieu of conviction for, any felony or of a misdemeanor	7724
committed in the course of practice;	7725

(7) Engaging in lewd or immoral conduct in connection with	7726
the provision of dental services;	7727

(8) Selling, prescribing, giving away, or administering drugs	7728
for other than legal and legitimate therapeutic purposes, or	7729
conviction of, a plea of guilty to, a judicial finding of guilt	7730
of, a judicial finding of guilt resulting from a plea of no	7731
contest to, or a judicial finding of eligibility for intervention	7732
in lieu of conviction for, a violation of any federal or state law	7733
regulating the possession, distribution, or use of any drug;	7734

(9) Providing or allowing dental hygienists, expanded	7735
function dental auxiliaries, or other practitioners of auxiliary	7736
dental occupations working under the certificate or license	7737
holder's supervision, or a dentist holding a temporary limited	7738
continuing education license under division (C) of section 4715.16	7739
of the Revised Code working under the certificate or license	7740
holder's direct supervision, to provide dental care that departs	7741
from or fails to conform to accepted standards for the profession,	7742
whether or not injury to a patient results;	7743

(10) Inability to practice under accepted standards of the	7744
profession because of physical or mental disability, dependence on	7745
alcohol or other drugs, or excessive use of alcohol or other	7746
drugs;	7747

(11) Violation of any provision of this chapter or any rule	7748
adopted thereunder;	7749

(12) Failure to use universal blood and body fluid	7750
precautions established by rules adopted under section 4715.03 of	7751
the Revised Code;	7752

(13) Except as provided in division (H) of this section,	7753
either of the following:	7754

(a) Waiving the payment of all or any part of a deductible or	7755
copayment that a patient, pursuant to a health insurance or health	7756
care policy, contract, or plan that covers dental services, would	7757
otherwise be required to pay if the waiver is used as an	7758
enticement to a patient or group of patients to receive health	7759
care services from that certificate or license holder;	7760

(b) Advertising that the certificate or license holder will	7761
waive the payment of all or any part of a deductible or copayment	7762
that a patient, pursuant to a health insurance or health care	7763
policy, contract, or plan that covers dental services, would	7764
otherwise be required to pay.	7765

(14) Failure to comply with section 4729.79 of the Revised	7766
Code, unless the state board of pharmacy no longer maintains a	7767
drug database pursuant to section 4729.75 of the Revised Code;	7768

(15) Any of the following actions taken by an agency	7769
responsible for authorizing, certifying, or regulating an	7770
individual to practice a health care occupation or provide health	7771
care services in this state or another jurisdiction, for any	7772
reason other than the nonpayment of fees: the limitation,	7773
revocation, or suspension of an individual's license to practice;	7774
acceptance of an individual's license surrender; denial of a	7775
license; refusal to renew or reinstate a license; imposition of	7776
probation; or issuance of an order of censure or other reprimand;	7777

(16) Failure to cooperate in an investigation conducted by	7778
the board under division (D) of section 4715.03 of the Revised	7779
Code, including failure to comply with a subpoena or order issued	7780
by the board or failure to answer truthfully a question presented	7781
by the board at a deposition or in written interrogatories, except	7782
that failure to cooperate with an investigation shall not	7783
constitute grounds for discipline under this section if a court of	7784
competent jurisdiction has issued an order that either quashes a	7785
subpoena or permits the individual to withhold the testimony or	7786
evidence in issue.	7787

(B) A manager, proprietor, operator, or conductor of a dental	7788
facility shall be subject to disciplinary action if any dentist,	7789
dental hygienist, expanded function dental auxiliary, or qualified	7790
personnel providing services in the facility is found to have	7791
committed a violation listed in division (A) of this section and	7792
the manager, proprietor, operator, or conductor knew of the	7793
violation and permitted it to occur on a recurring basis.	7794

(C) Subject to Chapter 119. of the Revised Code, the board	7795
may take one or more of the following disciplinary actions if one	7796
or more of the grounds for discipline listed in divisions (A) and	7797
(B) of this section exist:	7798

(1) Censure the license or certificate holder;

7799

(2) Place the license or certificate on probationary status	7800
for such period of time the board determines necessary and require	7801
the holder to:	7802

(a) Report regularly to the board upon the matters which are	7803
the basis of probation;	7804

(b) Limit practice to those areas specified by the board;

7805

(c) Continue or renew professional education until a	7806
satisfactory degree of knowledge or clinical competency has been	7807
attained in specified areas.	7808

(3) Suspend the certificate or license;

7809

(4) Revoke the certificate or license.

7810

Where the board places a holder of a license or certificate	7811
on probationary status pursuant to division (C)(2) of this	7812
section, the board may subsequently suspend or revoke the license	7813
or certificate if it determines that the holder has not met the	7814
requirements of the probation or continues to engage in activities	7815
that constitute grounds for discipline pursuant to division (A) or	7816
(B) of this section.	7817

Any order suspending a license or certificate shall state the	7818
conditions under which the license or certificate will be	7819
restored, which may include a conditional restoration during which	7820
time the holder is in a probationary status pursuant to division	7821
(C)(2) of this section. The board shall restore the license or	7822
certificate unconditionally when such conditions are met.	7823

(D) If the physical or mental condition of an applicant or a	7824
license or certificate holder is at issue in a disciplinary	7825
proceeding, the board may order the license or certificate holder	7826
to submit to reasonable examinations by an individual designated	7827
or approved by the board and at the board's expense. The physical	7828
examination may be conducted by any individual authorized by the	7829
Revised Code to do so, including a physician assistant, a clinical	7830
nurse specialist, a certified nurse practitioner, or a certified	7831
nurse-midwife. Any written documentation of the physical	7832
examination shall be completed by the individual who conducted the	7833
examination.	7834

Failure to comply with an order for an examination shall be	7835
grounds for refusal of a license or certificate or summary	7836
suspension of a license or certificate under division (E) of this	7837
section.	7838

(E) If a license or certificate holder has failed to comply	7839
with an order under division (D) of this section, the board may	7840
apply to the court of common pleas of the county in which the	7841
holder resides for an order temporarily suspending the holder's	7842
license or certificate, without a prior hearing being afforded by	7843
the board, until the board conducts an adjudication hearing	7844
pursuant to Chapter 119. of the Revised Code. If the court	7845
temporarily suspends a holder's license or certificate, the board	7846
shall give written notice of the suspension personally or by	7847
certified mail to the license or certificate holder. Such notice	7848
shall inform the license or certificate holder of the right to a	7849
hearing pursuant to Chapter 119. of the Revised Code.	7850

(F) Any holder of a certificate or license issued under this	7851
chapter who has pleaded guilty to, has been convicted of, or has	7852
had a judicial finding of eligibility for intervention in lieu of	7853
conviction entered against the holder in this state for aggravated	7854
murder, murder, voluntary manslaughter, felonious assault,	7855
kidnapping, rape, aggravated rape, aggravated rape of a child,	7856
sexual battery, aggravated sexual battery, aggravated sexual	7857
battery of a child, gross sexual imposition, aggravated arson,	7858
aggravated robbery, or aggravated burglary, or who has pleaded	7859
guilty to, has been convicted of, or has had a judicial finding of	7860
eligibility for treatment or intervention in lieu of conviction	7861
entered against the holder in another jurisdiction for any	7862
substantially equivalent criminal offense, is automatically	7863
suspended from practice under this chapter in this state and any	7864
certificate or license issued to the holder under this chapter is	7865
automatically suspended, as of the date of the guilty plea,	7866
conviction, or judicial finding, whether the proceedings are	7867
brought in this state or another jurisdiction. Continued practice	7868
by an individual after the suspension of the individual's	7869
certificate or license under this division shall be considered	7870
practicing without a certificate or license. The board shall	7871
notify the suspended individual of the suspension of the	7872
individual's certificate or license under this division by	7873
certified mail or in person in accordance with section 119.07 of	7874
the Revised Code. If an individual whose certificate or license is	7875
suspended under this division fails to make a timely request for	7876
an adjudicatory hearing, the board shall enter a final order	7877
revoking the individual's certificate or license.	7878

(G) If the supervisory investigative panel determines both of	7879
the following, the panel may recommend that the board suspend an	7880
individual's certificate or license without a prior hearing:	7881

(1) That there is clear and convincing evidence that an	7882
individual has violated division (A) of this section;	7883

(2) That the individual's continued practice presents a	7884
danger of immediate and serious harm to the public.	7885

Written allegations shall be prepared for consideration by	7886
the board. The board, upon review of those allegations and by an	7887
affirmative vote of not fewer than four dentist members of the	7888
board and seven of its members in total, excluding any member on	7889
the supervisory investigative panel, may suspend a certificate or	7890
license without a prior hearing. A telephone conference call may	7891
be utilized for reviewing the allegations and taking the vote on	7892
the summary suspension.	7893

The board shall issue a written order of suspension by	7894
certified mail or in person in accordance with section 119.07 of	7895
the Revised Code. The order shall not be subject to suspension by	7896
the court during pendency or any appeal filed under section 119.12	7897
of the Revised Code. If the individual subject to the summary	7898
suspension requests an adjudicatory hearing by the board, the date	7899
set for the hearing shall be within fifteen days, but not earlier	7900
than seven days, after the individual requests the hearing, unless	7901
otherwise agreed to by both the board and the individual.	7902

Any summary suspension imposed under this division shall	7903
remain in effect, unless reversed on appeal, until a final	7904
adjudicative order issued by the board pursuant to this section	7905
and Chapter 119. of the Revised Code becomes effective. The board	7906
shall issue its final adjudicative order within seventy-five days	7907
after completion of its hearing. A failure to issue the order	7908
within seventy-five days shall result in dissolution of the	7909
summary suspension order but shall not invalidate any subsequent,	7910
final adjudicative order.	7911

(H) Sanctions shall not be imposed under division (A)(13) of	7912
this section against any certificate or license holder who waives	7913
deductibles and copayments as follows:	7914

(1) In compliance with the health benefit plan that expressly	7915
allows such a practice. Waiver of the deductibles or copayments	7916
shall be made only with the full knowledge and consent of the plan	7917
purchaser, payer, and third-party administrator. Documentation of	7918
the consent shall be made available to the board upon request.	7919

(2) For professional services rendered to any other person	7920
who holds a certificate or license issued pursuant to this chapter	7921
to the extent allowed by this chapter and the rules of the board.	7922

(I) In no event shall the board consider or raise during a	7923
hearing required by Chapter 119. of the Revised Code the	7924
circumstances of, or the fact that the board has received, one or	7925
more complaints about a person unless the one or more complaints	7926
are the subject of the hearing or resulted in the board taking an	7927
action authorized by this section against the person on a prior	7928
occasion.	7929

(J) The board may share any information it receives pursuant	7930
to an investigation under division (D) of section 4715.03 of the	7931
Revised Code, including patient records and patient record	7932
information, with law enforcement agencies, other licensing	7933
boards, and other governmental agencies that are prosecuting,	7934
adjudicating, or investigating alleged violations of statutes or	7935
administrative rules. An agency or board that receives the	7936
information shall comply with the same requirements regarding	7937
confidentiality as those with which the state dental board must	7938
comply, notwithstanding any conflicting provision of the Revised	7939
Code or procedure of the agency or board that applies when it is	7940
dealing with other information in its possession. In a judicial	7941
proceeding, the information may be admitted into evidence only in	7942
accordance with the Rules of Evidence, but the court shall require	7943
that appropriate measures are taken to ensure that confidentiality	7944
is maintained with respect to any part of the information that	7945
contains names or other identifying information about patients or	7946
complainants whose confidentiality was protected by the state	7947
dental board when the information was in the board's possession.	7948
Measures to ensure confidentiality that may be taken by the court	7949
include sealing its records or deleting specific information from	7950
its records.	7951

Sec. 4717.05. (A) Any person who desires to be licensed as	7952
an embalmer shall apply to the board of embalmers and funeral	7953
directors on a form provided by the board. The applicant shall	7954
include with the application an initial license fee as set forth	7955
in section 4717.07 of the Revised Code and evidence, verified by	7956
oath and satisfactory to the board, that the applicant meets all	7957
of the following requirements:	7958

(1) The applicant is at least eighteen years of age and of	7959
good moral character.	7960

(2) If the applicant has pleaded guilty to, has been found by	7961
a judge or jury to be guilty of, or has had a judicial finding of	7962
eligibility for treatment in lieu of conviction entered against	7963
the applicant in this state for aggravated murder, murder,	7964
voluntary manslaughter, felonious assault, kidnapping, rape,	7965
aggravated rape, aggravated rape of a child, sexual battery,	7966
aggravated sexual battery, aggravated sexual battery of a child,	7967
gross sexual imposition, aggravated arson, aggravated robbery, or	7968
aggravated burglary, or has pleaded guilty to, has been found by a	7969
judge or jury to be guilty of, or has had a judicial finding of	7970
eligibility for treatment in lieu of conviction entered against	7971
the applicant in another jurisdiction for a substantially	7972
equivalent offense, at least five years has elapsed since the	7973
applicant was released from incarceration, a community control	7974
sanction, a post-release control sanction, parole, or treatment in	7975
connection with the offense.	7976

(3) The applicant holds at least a bachelor's degree from a	7977
college or university authorized to confer degrees by the Ohio	7978
board of regents or the comparable legal agency of another state	7979
in which the college or university is located and submits an	7980
official transcript from that college or university with the	7981
application.	7982

(4) The applicant has satisfactorily completed at least	7983
twelve months of instruction in a prescribed course in mortuary	7984
science as approved by the board and has presented to the board a	7985
certificate showing successful completion of the course. The	7986
course of mortuary science college training may be completed	7987
either before or after the completion of the educational standard	7988
set forth in division (A)(3) of this section.	7989

(5) The applicant has registered with the board prior to	7990
beginning an embalmer apprenticeship.	7991

(6) The applicant has satisfactorily completed at least one	7992
year of apprenticeship under an embalmer licensed in this state	7993
and has assisted that person in embalming at least twenty-five	7994
dead human bodies.	7995

(7) The applicant, upon meeting the educational standards	7996
provided for in divisions (A)(3) and (4) of this section and	7997
completing the apprenticeship required in division (A)(6) of this	7998
section, has completed the examination for an embalmer's license	7999
required by the board.	8000

(B) Upon receiving satisfactory evidence verified by oath	8001
that the applicant meets all the requirements of division (A) of	8002
this section, the board shall issue the applicant an embalmer's	8003
license.	8004

(C) Any person who desires to be licensed as a funeral	8005
director shall apply to the board on a form provided by the board.	8006
The application shall include an initial license fee as set forth	8007
in section 4717.07 of the Revised Code and evidence, verified by	8008
oath and satisfactory to the board, that the applicant meets all	8009
of the following requirements:	8010

(1) Except as otherwise provided in division (D) of this	8011
section, the applicant has satisfactorily met all the requirements	8012
for an embalmer's license as described in divisions (A)(1) to (4)	8013
of this section.	8014

(2) The applicant has registered with the board prior to	8015
beginning a funeral director apprenticeship.	8016

(3) The applicant, following mortuary science college	8017
training described in division (A)(4) of this section, has	8018
satisfactorily completed a one-year apprenticeship under a	8019
licensed funeral director in this state and has assisted that	8020
person in directing at least twenty-five funerals.	8021

(4) The applicant has satisfactorily completed the	8022
examination for a funeral director's license as required by the	8023
board.	8024

(D) In lieu of mortuary science college training required for	8025
a funeral director's license under division (C)(1) of this	8026
section, the applicant may substitute a satisfactorily completed	8027
two-year apprenticeship under a licensed funeral director in this	8028
state assisting that person in directing at least fifty funerals.	8029

(E) Upon receiving satisfactory evidence that the applicant	8030
meets all the requirements of division (C) of this section, the	8031
board shall issue to the applicant a funeral director's license.	8032

(F) A funeral director or embalmer may request the funeral	8033
director's or embalmer's license be placed on inactive status by	8034
submitting to the board a form prescribed by the board and such	8035
other information as the board may request. A funeral director or	8036
embalmer may not place the funeral director's or embalmer's	8037
license on inactive status unless the funeral director or embalmer	8038
is in good standing with the board and is in compliance with	8039
applicable continuing education requirements. A funeral director	8040
or embalmer who is granted inactive status is prohibited from	8041
participating in any activity for which a funeral director's or	8042
embalmer's license is required in this state. A funeral director	8043
or embalmer who has been granted inactive status is exempt from	8044
the continuing education requirements under section 4717.09 of the	8045
Revised Code during the period of the inactive status.	8046

(G) A funeral director or embalmer who has been granted	8047
inactive status may not return to active status for at least two	8048
years following the date that the inactive status was granted.	8049
Following a period of at least two years of inactive status, the	8050
funeral director or embalmer may apply to return to active status	8051
upon completion of all of the following conditions:	8052

(1) The funeral director or embalmer files with the board a	8053
form prescribed by the board seeking active status and provides	8054
any other information as the board may request;	8055

(2) The funeral director or embalmer takes and passes the	8056
Ohio laws examination for each license being activated;	8057

(3) The funeral director or embalmer pays a reactivation fee	8058
to the board in the amount of one hundred forty dollars for each	8059
license being reactivated.	8060

(H) As used in this section:

8061

(1) "Community control sanction" has the same meaning as in	8062
section 2929.01 of the Revised Code.	8063

(2) "Post-release control sanction" has the same meaning as	8064
in section 2967.01 of the Revised Code.	8065

Sec. 4717.14. (A) The board of embalmers and funeral	8066
directors may refuse to grant or renew, or may suspend or revoke,	8067
any license issued under this chapter or may require the holder of	8068
a license to take corrective action courses for any of the	8069
following reasons:	8070

(1) The license was obtained by fraud or misrepresentation	8071
either in the application or in passing the examination.	8072

(2) The applicant or licensee has been convicted of or has	8073
pleaded guilty to a felony or of any crime involving moral	8074
turpitude.	8075

(3) The applicant or licensee has purposely violated any	8076
provision of sections 4717.01 to 4717.15 or a rule adopted under	8077
any of those sections; division (A) or (B) of section 4717.23;	8078
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),	8079
or divisions (H) to (K) of section 4717.26; division (D)(1) of	8080
section 4717.27; or divisions (A) to (C) of section 4717.28 of the	8081
Revised Code; any rule or order of the department of health or a	8082
board of health of a health district governing the disposition of	8083
dead human bodies; or any other rule or order applicable to the	8084
applicant or licensee.	8085

(4) The applicant or licensee has committed immoral or	8086
unprofessional conduct.	8087

(5) The applicant or licensee knowingly permitted an	8088
unlicensed person, other than a person serving an apprenticeship,	8089
to engage in the profession or business of embalming or funeral	8090
directing under the applicant's or licensee's supervision.	8091

(6) The applicant or licensee has been habitually	8092
intoxicated, or is addicted to the use of morphine, cocaine, or	8093
other habit-forming or illegal drugs.	8094

(7) The applicant or licensee has refused to promptly submit	8095
the custody of a dead human body upon the express order of the	8096
person legally entitled to the body.	8097

(8) The licensee loaned the licensee's own license, or the	8098
applicant or licensee borrowed or used the license of another	8099
person, or knowingly aided or abetted the granting of an improper	8100
license.	8101

(9) The applicant or licensee transferred a license to	8102
operate a funeral home, embalming facility, or crematory from one	8103
owner or operator to another, or from one location to another,	8104
without notifying the board.	8105

(10) The applicant or licensee misled the public by using	8106
false or deceptive advertising.	8107

(B)(1) The board of embalmers and funeral directors shall	8108
refuse to grant or renew, or shall suspend or revoke, an	8109
embalmer's, funeral director's, funeral home, or embalming	8110
facility license only in accordance with Chapter 119. of the	8111
Revised Code.	8112

(2) The board shall send to the crematory review board	8113
written notice that it proposes to refuse to issue or renew, or	8114
proposes to suspend or revoke, a license to operate a crematory	8115
facility. If, after the conclusion of the adjudicatory hearing on	8116
the matter conducted under division (E) of section 4717.03 of the	8117
Revised Code, the board of embalmers and funeral directors finds	8118
that any of the circumstances described in divisions (A)(1) to	8119
(10) of this section apply to the person named in its proposed	8120
action, the board may issue a final order under division (E) of	8121
section 4717.03 of the Revised Code refusing to issue or renew, or	8122
suspending or revoking, the person's license to operate a	8123
crematory facility.	8124

(C) If the board of embalmers and funeral directors	8125
determines that there is clear and convincing evidence that any of	8126
the circumstances described in divisions (A)(1) to (10) of this	8127
section apply to the holder of a license issued under this chapter	8128
and that the licensee's continued practice presents a danger of	8129
immediate and serious harm to the public, the board may suspend	8130
the licensee's license without a prior adjudicatory hearing. The	8131
executive director of the board shall prepare written allegations	8132
for consideration by the board.	8133

The board, after reviewing the written allegations, may	8134
suspend a license without a prior hearing.	8135

The board shall issue a written order of suspension by a	8136
delivery system or in person in accordance with section 119.07 of	8137
the Revised Code. Such an order is not subject to suspension by	8138
the court during the pendency of any appeal filed under section	8139
119.12 of the Revised Code. If the holder of an embalmer's,	8140
funeral director's, funeral home, or embalming facility license	8141
requests an adjudicatory hearing by the board, the date set for	8142
the hearing shall be within fifteen days, but not earlier than	8143
seven days, after the licensee has requested a hearing, unless the	8144
board and the licensee agree to a different time for holding the	8145
hearing.	8146

Upon issuing a written order of suspension to the holder of a	8147
license to operate a crematory facility, the board of embalmers	8148
and funeral directors shall send written notice of the issuance of	8149
the order to the crematory review board. The crematory review	8150
board shall hold an adjudicatory hearing on the order under	8151
division (E) of section 4717.03 of the Revised Code within fifteen	8152
days, but not earlier than seven days, after the issuance of the	8153
order, unless the crematory review board and the licensee agree to	8154
a different time for holding the adjudicatory hearing.	8155

Any summary suspension imposed under this division shall	8156
remain in effect, unless reversed on appeal, until a final	8157
adjudicatory order issued by the board of embalmers and funeral	8158
directors pursuant to this division and Chapter 119. of the	8159
Revised Code, or division (E) of section 4717.03 of the Revised	8160
Code, as applicable, becomes effective. The board of embalmers and	8161
funeral directors shall issue its final adjudicatory order within	8162
sixty days after the completion of its hearing or, in the case of	8163
the summary suspension of a license to operate a crematory	8164
facility, within sixty days after completion of the adjudicatory	8165
hearing by the crematory review board. A failure to issue the	8166
order within that time results in the dissolution of the summary	8167
suspension order, but does not invalidate any subsequent final	8168
adjudicatory order.	8169

(D) If the board of embalmers and funeral directors suspends	8170
or revokes a license held by a funeral director or a funeral home	8171
for any reason identified in division (A) of this section, the	8172
board may file a complaint with the court of common pleas in the	8173
county where the violation occurred requesting appointment of a	8174
receiver and the sequestration of the assets of the funeral home	8175
that held the suspended or revoked license or the licensed funeral	8176
home that employs the funeral director that held the suspended or	8177
revoked license. If the court of common pleas is satisfied with	8178
the application for a receivership, the court may appoint a	8179
receiver.	8180

The board or a receiver may employ and procure whatever	8181
assistance or advice is necessary in the receivership or	8182
liquidation and distribution of the assets of the funeral home,	8183
and, for that purpose, may retain officers or employees of the	8184
funeral home as needed. All expenses of the receivership or	8185
liquidation shall be paid from the assets of the funeral home and	8186
shall be a lien on those assets, and that lien shall be a priority	8187
to any other lien.	8188

(E) Any holder of a license issued under this chapter who has	8189
pleaded guilty to, has been found by a judge or jury to be guilty	8190
of, or has had a judicial finding of eligibility for treatment in	8191
lieu of conviction entered against the individual in this state	8192
for aggravated murder, murder, voluntary manslaughter, felonious	8193
assault, kidnapping, rape, aggravated rape, aggravated rape of a	8194
child, sexual battery, aggravated sexual battery, aggravated	8195
sexual battery of a child, gross sexual imposition, aggravated	8196
arson, aggravated robbery, or aggravated burglary, or who has	8197
pleaded guilty to, has been found by a judge or jury to be guilty	8198
of, or has had a judicial finding of eligibility for treatment in	8199
lieu of conviction entered against the individual in another	8200
jurisdiction for any substantially equivalent criminal offense, is	8201
hereby suspended from practice under this chapter by operation of	8202
law, and any license issued to the individual under this chapter	8203
is hereby suspended by operation of law as of the date of the	8204
guilty plea, verdict or finding of guilt, or judicial finding of	8205
eligibility for treatment in lieu of conviction, regardless of	8206
whether the proceedings are brought in this state or another	8207
jurisdiction. The board shall notify the suspended individual of	8208
the suspension of the individual's license by the operation of	8209
this division by a delivery system or in person in accordance with	8210
section 119.07 of the Revised Code. If an individual whose license	8211
is suspended under this division fails to make a timely request	8212
for an adjudicatory hearing, the board shall enter a final order	8213
revoking the license.	8214

(F) No person whose license has been suspended or revoked	8215
under or by the operation of this section shall practice embalming	8216
or funeral directing or operate a funeral home, embalming	8217
facility, or crematory facility until the board has reinstated the	8218
person's license.	8219

Sec. 4723.281. (A) As used in this section, with regard to	8220
offenses committed in Ohio, "aggravated murder," "murder,"	8221
"voluntary manslaughter," "felonious assault," "kidnapping,"	8222
"rape," "aggravated rape," "aggravated rape of a child," "sexual	8223
battery," "aggravated sexual battery," "aggravated sexual battery	8224
of a child," "gross sexual imposition," "aggravated arson,"	8225
"aggravated robbery," and "aggravated burglary" mean such offenses	8226
as defined in Title XXIX of the Revised Code; with regard to	8227
offenses committed in other jurisdictions, the terms mean offenses	8228
comparable to offenses defined in Title XXIX of the Revised Code.	8229

(B) When there is clear and convincing evidence that	8230
continued practice by an individual licensed under this chapter	8231
presents a danger of immediate and serious harm to the public, as	8232
determined on consideration of the evidence by the president and	8233
the executive director of the board of nursing, the president and	8234
director shall impose on the individual a summary suspension	8235
without a hearing. An individual serving as president or executive	8236
director in the absence of the president or executive director may	8237
take any action that this section requires or authorizes the	8238
president or executive director to take.	8239

Immediately following the decision to impose a summary	8240
suspension, the board shall issue a written order of suspension	8241
and cause it to be delivered by certified mail or in person in	8242
accordance with section 119.07 of the Revised Code. The order	8243
shall not be subject to suspension by the court during the	8244
pendency of any appeal filed under section 119.12 of the Revised	8245
Code. If the individual subject to the suspension requests an	8246
adjudication, the date set for the adjudication shall be within	8247
fifteen days but not earlier than seven days after the individual	8248
makes the request, unless another date is agreed to by both the	8249
individual and the board. The summary suspension shall remain in	8250
effect, unless reversed by the board, until a final adjudication	8251
order issued by the board pursuant to this section and Chapter	8252
119. of the Revised Code becomes effective.	8253

The board shall issue its final adjudication order within	8254
ninety days after completion of the adjudication. If the board	8255
does not issue a final order within the ninety-day period, the	8256
summary suspension shall be void, but any final adjudication order	8257
issued subsequent to the ninety-day period shall not be affected.	8258

(C) The license or certificate issued to an individual under	8259
this chapter is automatically suspended on that individual's	8260
conviction of, plea of guilty to, or judicial finding with regard	8261
to any of the following: aggravated murder, murder, voluntary	8262
manslaughter, felonious assault, kidnapping, rape, aggravated	8263
rape, aggravated rape of a child, sexual battery, aggravated	8264
sexual battery, aggravated sexual battery of a child, gross sexual	8265
imposition, aggravated arson, aggravated robbery, or aggravated	8266
burglary. The suspension shall remain in effect from the date of	8267
the conviction, plea, or finding until an adjudication is held	8268
under Chapter 119. of the Revised Code. If the board has knowledge	8269
that an automatic suspension has occurred, it shall notify the	8270
individual subject to the suspension. If the individual is	8271
notified and either fails to request an adjudication within the	8272
time periods established by Chapter 119. of the Revised Code or	8273
fails to participate in the adjudication, the board shall enter a	8274
final order permanently revoking the person's license or	8275
certificate.	8276

Sec. 4730.25. (A) The state medical board, by an affirmative	8277
vote of not fewer than six members, may revoke or may refuse to	8278
grant a certificate to practice as a physician assistant or a	8279
certificate to prescribe to a person found by the board to have	8280
committed fraud, misrepresentation, or deception in applying for	8281
or securing the certificate.	8282

(B) The board, by an affirmative vote of not fewer than six	8283
members, shall, to the extent permitted by law, limit, revoke, or	8284
suspend an individual's certificate to practice as a physician	8285
assistant or certificate to prescribe, refuse to issue a	8286
certificate to an applicant, refuse to reinstate a certificate, or	8287
reprimand or place on probation the holder of a certificate for	8288
any of the following reasons:	8289

(1) Failure to practice in accordance with the conditions	8290
under which the supervising physician's supervision agreement with	8291
the physician assistant was approved, including the requirement	8292
that when practicing under a particular supervising physician, the	8293
physician assistant must practice only according to the physician	8294
supervisory plan the board approved for that physician or the	8295
policies of the health care facility in which the supervising	8296
physician and physician assistant are practicing;	8297

(2) Failure to comply with the requirements of this chapter,	8298
Chapter 4731. of the Revised Code, or any rules adopted by the	8299
board;	8300

(3) Violating or attempting to violate, directly or	8301
indirectly, or assisting in or abetting the violation of, or	8302
conspiring to violate, any provision of this chapter, Chapter	8303
4731. of the Revised Code, or the rules adopted by the board;	8304

(4) Inability to practice according to acceptable and	8305
prevailing standards of care by reason of mental illness or	8306
physical illness, including physical deterioration that adversely	8307
affects cognitive, motor, or perceptive skills;	8308

(5) Impairment of ability to practice according to acceptable	8309
and prevailing standards of care because of habitual or excessive	8310
use or abuse of drugs, alcohol, or other substances that impair	8311
ability to practice;	8312

(6) Administering drugs for purposes other than those	8313
authorized under this chapter;	8314

(7) Willfully betraying a professional confidence;

8315

(8) Making a false, fraudulent, deceptive, or misleading	8316
statement in soliciting or advertising for employment as a	8317
physician assistant; in connection with any solicitation or	8318
advertisement for patients; in relation to the practice of	8319
medicine as it pertains to physician assistants; or in securing or	8320
attempting to secure a certificate to practice as a physician	8321
assistant, a certificate to prescribe, or approval of a	8322
supervision agreement.	8323

As used in this division, "false, fraudulent, deceptive, or	8324
misleading statement" means a statement that includes a	8325
misrepresentation of fact, is likely to mislead or deceive because	8326
of a failure to disclose material facts, is intended or is likely	8327
to create false or unjustified expectations of favorable results,	8328
or includes representations or implications that in reasonable	8329
probability will cause an ordinarily prudent person to	8330
misunderstand or be deceived.	8331

(9) Representing, with the purpose of obtaining compensation	8332
or other advantage personally or for any other person, that an	8333
incurable disease or injury, or other incurable condition, can be	8334
permanently cured;	8335

(10) The obtaining of, or attempting to obtain, money or	8336
anything of value by fraudulent misrepresentations in the course	8337
of practice;	8338

(11) A plea of guilty to, a judicial finding of guilt of, or	8339
a judicial finding of eligibility for intervention in lieu of	8340
conviction for, a felony;	8341

(12) Commission of an act that constitutes a felony in this	8342
state, regardless of the jurisdiction in which the act was	8343
committed;	8344

(13) A plea of guilty to, a judicial finding of guilt of, or	8345
a judicial finding of eligibility for intervention in lieu of	8346
conviction for, a misdemeanor committed in the course of practice;	8347

(14) A plea of guilty to, a judicial finding of guilt of, or	8348
a judicial finding of eligibility for intervention in lieu of	8349
conviction for, a misdemeanor involving moral turpitude;	8350

(15) Commission of an act in the course of practice that	8351
constitutes a misdemeanor in this state, regardless of the	8352
jurisdiction in which the act was committed;	8353

(16) Commission of an act involving moral turpitude that	8354
constitutes a misdemeanor in this state, regardless of the	8355
jurisdiction in which the act was committed;	8356

(17) A plea of guilty to, a judicial finding of guilt of, or	8357
a judicial finding of eligibility for intervention in lieu of	8358
conviction for violating any state or federal law regulating the	8359
possession, distribution, or use of any drug, including	8360
trafficking in drugs;	8361

(18) Any of the following actions taken by the state agency	8362
responsible for regulating the practice of physician assistants in	8363
another state, for any reason other than the nonpayment of fees:	8364
the limitation, revocation, or suspension of an individual's	8365
license to practice; acceptance of an individual's license	8366
surrender; denial of a license; refusal to renew or reinstate a	8367
license; imposition of probation; or issuance of an order of	8368
censure or other reprimand;	8369

(19) A departure from, or failure to conform to, minimal	8370
standards of care of similar physician assistants under the same	8371
or similar circumstances, regardless of whether actual injury to a	8372
patient is established;	8373

(20) Violation of the conditions placed by the board on a	8374
certificate to practice as a physician assistant, a certificate to	8375
prescribe, a physician supervisory plan, or supervision agreement;	8376

(21) Failure to use universal blood and body fluid	8377
precautions established by rules adopted under section 4731.051 of	8378
the Revised Code;	8379

(22) Failure to cooperate in an investigation conducted by	8380
the board under section 4730.26 of the Revised Code, including	8381
failure to comply with a subpoena or order issued by the board or	8382
failure to answer truthfully a question presented by the board at	8383
a deposition or in written interrogatories, except that failure to	8384
cooperate with an investigation shall not constitute grounds for	8385
discipline under this section if a court of competent jurisdiction	8386
has issued an order that either quashes a subpoena or permits the	8387
individual to withhold the testimony or evidence in issue;	8388

(23) Assisting suicide as defined in section 3795.01 of the	8389
Revised Code;	8390

(24) Prescribing any drug or device to perform or induce an	8391
abortion, or otherwise performing or inducing an abortion.	8392

(C) Disciplinary actions taken by the board under divisions	8393
(A) and (B) of this section shall be taken pursuant to an	8394
adjudication under Chapter 119. of the Revised Code, except that	8395
in lieu of an adjudication, the board may enter into a consent	8396
agreement with a physician assistant or applicant to resolve an	8397
allegation of a violation of this chapter or any rule adopted	8398
under it. A consent agreement, when ratified by an affirmative	8399
vote of not fewer than six members of the board, shall constitute	8400
the findings and order of the board with respect to the matter	8401
addressed in the agreement. If the board refuses to ratify a	8402
consent agreement, the admissions and findings contained in the	8403
consent agreement shall be of no force or effect.	8404

(D) For purposes of divisions (B)(12), (15), and (16) of this	8405
section, the commission of the act may be established by a finding	8406
by the board, pursuant to an adjudication under Chapter 119. of	8407
the Revised Code, that the applicant or certificate holder	8408
committed the act in question. The board shall have no	8409
jurisdiction under these divisions in cases where the trial court	8410
renders a final judgment in the certificate holder's favor and	8411
that judgment is based upon an adjudication on the merits. The	8412
board shall have jurisdiction under these divisions in cases where	8413
the trial court issues an order of dismissal upon technical or	8414
procedural grounds.	8415

(E) The sealing of conviction records by any court shall have	8416
no effect upon a prior board order entered under the provisions of	8417
this section or upon the board's jurisdiction to take action under	8418
the provisions of this section if, based upon a plea of guilty, a	8419
judicial finding of guilt, or a judicial finding of eligibility	8420
for intervention in lieu of conviction, the board issued a notice	8421
of opportunity for a hearing prior to the court's order to seal	8422
the records. The board shall not be required to seal, destroy,	8423
redact, or otherwise modify its records to reflect the court's	8424
sealing of conviction records.	8425

(F) For purposes of this division, any individual who holds a	8426
certificate issued under this chapter, or applies for a	8427
certificate issued under this chapter, shall be deemed to have	8428
given consent to submit to a mental or physical examination when	8429
directed to do so in writing by the board and to have waived all	8430
objections to the admissibility of testimony or examination	8431
reports that constitute a privileged communication.	8432

(1) In enforcing division (B)(4) of this section, the board,	8433
upon a showing of a possible violation, may compel any individual	8434
who holds a certificate issued under this chapter or who has	8435
applied for a certificate pursuant to this chapter to submit to a	8436
mental examination, physical examination, including an HIV test,	8437
or both a mental and physical examination. The expense of the	8438
examination is the responsibility of the individual compelled to	8439
be examined. Failure to submit to a mental or physical examination	8440
or consent to an HIV test ordered by the board constitutes an	8441
admission of the allegations against the individual unless the	8442
failure is due to circumstances beyond the individual's control,	8443
and a default and final order may be entered without the taking of	8444
testimony or presentation of evidence. If the board finds a	8445
physician assistant unable to practice because of the reasons set	8446
forth in division (B)(4) of this section, the board shall require	8447
the physician assistant to submit to care, counseling, or	8448
treatment by physicians approved or designated by the board, as a	8449
condition for an initial, continued, reinstated, or renewed	8450
certificate. An individual affected under this division shall be	8451
afforded an opportunity to demonstrate to the board the ability to	8452
resume practicing in compliance with acceptable and prevailing	8453
standards of care.	8454

(2) For purposes of division (B)(5) of this section, if the	8455
board has reason to believe that any individual who holds a	8456
certificate issued under this chapter or any applicant for a	8457
certificate suffers such impairment, the board may compel the	8458
individual to submit to a mental or physical examination, or both.	8459
The expense of the examination is the responsibility of the	8460
individual compelled to be examined. Any mental or physical	8461
examination required under this division shall be undertaken by a	8462
treatment provider or physician qualified to conduct such	8463
examination and chosen by the board.	8464

Failure to submit to a mental or physical examination ordered	8465
by the board constitutes an admission of the allegations against	8466
the individual unless the failure is due to circumstances beyond	8467
the individual's control, and a default and final order may be	8468
entered without the taking of testimony or presentation of	8469
evidence. If the board determines that the individual's ability to	8470
practice is impaired, the board shall suspend the individual's	8471
certificate or deny the individual's application and shall require	8472
the individual, as a condition for initial, continued, reinstated,	8473
or renewed certification to practice or prescribe, to submit to	8474
treatment.	8475

Before being eligible to apply for reinstatement of a	8476
certificate suspended under this division, the physician assistant	8477
shall demonstrate to the board the ability to resume practice or	8478
prescribing in compliance with acceptable and prevailing standards	8479
of care. The demonstration shall include the following:	8480

(a) Certification from a treatment provider approved under	8481
section 4731.25 of the Revised Code that the individual has	8482
successfully completed any required inpatient treatment;	8483

(b) Evidence of continuing full compliance with an aftercare	8484
contract or consent agreement;	8485

(c) Two written reports indicating that the individual's	8486
ability to practice has been assessed and that the individual has	8487
been found capable of practicing according to acceptable and	8488
prevailing standards of care. The reports shall be made by	8489
individuals or providers approved by the board for making such	8490
assessments and shall describe the basis for their determination.	8491

The board may reinstate a certificate suspended under this	8492
division after such demonstration and after the individual has	8493
entered into a written consent agreement.	8494

When the impaired physician assistant resumes practice or	8495
prescribing, the board shall require continued monitoring of the	8496
physician assistant. The monitoring shall include compliance with	8497
the written consent agreement entered into before reinstatement or	8498
with conditions imposed by board order after a hearing, and, upon	8499
termination of the consent agreement, submission to the board for	8500
at least two years of annual written progress reports made under	8501
penalty of falsification stating whether the physician assistant	8502
has maintained sobriety.	8503

(G) If the secretary and supervising member determine that	8504
there is clear and convincing evidence that a physician assistant	8505
has violated division (B) of this section and that the	8506
individual's continued practice or prescribing presents a danger	8507
of immediate and serious harm to the public, they may recommend	8508
that the board suspend the individual's certificate to practice or	8509
prescribe without a prior hearing. Written allegations shall be	8510
prepared for consideration by the board.	8511

The board, upon review of those allegations and by an	8512
affirmative vote of not fewer than six of its members, excluding	8513
the secretary and supervising member, may suspend a certificate	8514
without a prior hearing. A telephone conference call may be	8515
utilized for reviewing the allegations and taking the vote on the	8516
summary suspension.	8517

The board shall issue a written order of suspension by	8518
certified mail or in person in accordance with section 119.07 of	8519
the Revised Code. The order shall not be subject to suspension by	8520
the court during pendency of any appeal filed under section 119.12	8521
of the Revised Code. If the physician assistant requests an	8522
adjudicatory hearing by the board, the date set for the hearing	8523
shall be within fifteen days, but not earlier than seven days,	8524
after the physician assistant requests the hearing, unless	8525
otherwise agreed to by both the board and the certificate holder.	8526

A summary suspension imposed under this division shall remain	8527
in effect, unless reversed on appeal, until a final adjudicative	8528
order issued by the board pursuant to this section and Chapter	8529
119. of the Revised Code becomes effective. The board shall issue	8530
its final adjudicative order within sixty days after completion of	8531
its hearing. Failure to issue the order within sixty days shall	8532
result in dissolution of the summary suspension order, but shall	8533
not invalidate any subsequent, final adjudicative order.	8534

(H) If the board takes action under division (B)(11), (13),	8535
or (14) of this section, and the judicial finding of guilt, guilty	8536
plea, or judicial finding of eligibility for intervention in lieu	8537
of conviction is overturned on appeal, upon exhaustion of the	8538
criminal appeal, a petition for reconsideration of the order may	8539
be filed with the board along with appropriate court documents.	8540
Upon receipt of a petition and supporting court documents, the	8541
board shall reinstate the certificate to practice or prescribe.	8542
The board may then hold an adjudication under Chapter 119. of the	8543
Revised Code to determine whether the individual committed the act	8544
in question. Notice of opportunity for hearing shall be given in	8545
accordance with Chapter 119. of the Revised Code. If the board	8546
finds, pursuant to an adjudication held under this division, that	8547
the individual committed the act, or if no hearing is requested,	8548
it may order any of the sanctions identified under division (B) of	8549
this section.	8550

(I) The certificate to practice issued to a physician	8551
assistant and the physician assistant's practice in this state are	8552
automatically suspended as of the date the physician assistant	8553
pleads guilty to, is found by a judge or jury to be guilty of, or	8554
is subject to a judicial finding of eligibility for intervention	8555
in lieu of conviction in this state or treatment or intervention	8556
in lieu of conviction in another state for any of the following	8557
criminal offenses in this state or a substantially equivalent	8558
criminal offense in another jurisdiction: aggravated murder,	8559
murder, voluntary manslaughter, felonious assault, kidnapping,	8560
rape, aggravated rape, aggravated rape of a child, sexual battery,	8561
aggravated sexual battery, aggravated sexual battery of a child,	8562
gross sexual imposition, aggravated arson, aggravated robbery, or	8563
aggravated burglary. Continued practice after the suspension shall	8564
be considered practicing without a certificate.	8565

The board shall notify the individual subject to the	8566
suspension by certified mail or in person in accordance with	8567
section 119.07 of the Revised Code. If an individual whose	8568
certificate is suspended under this division fails to make a	8569
timely request for an adjudication under Chapter 119. of the	8570
Revised Code, the board shall enter a final order permanently	8571
revoking the individual's certificate to practice.	8572

(J) In any instance in which the board is required by Chapter	8573
119. of the Revised Code to give notice of opportunity for hearing	8574
and the individual subject to the notice does not timely request a	8575
hearing in accordance with section 119.07 of the Revised Code, the	8576
board is not required to hold a hearing, but may adopt, by an	8577
affirmative vote of not fewer than six of its members, a final	8578
order that contains the board's findings. In that final order, the	8579
board may order any of the sanctions identified under division (A)	8580
or (B) of this section.	8581

(K) Any action taken by the board under division (B) of this	8582
section resulting in a suspension shall be accompanied by a	8583
written statement of the conditions under which the physician	8584
assistant's certificate may be reinstated. The board shall adopt	8585
rules in accordance with Chapter 119. of the Revised Code	8586
governing conditions to be imposed for reinstatement.	8587
Reinstatement of a certificate suspended pursuant to division (B)	8588
of this section requires an affirmative vote of not fewer than six	8589
members of the board.	8590

(L) When the board refuses to grant to an applicant a	8591
certificate to practice as a physician assistant or a certificate	8592
to prescribe, revokes an individual's certificate, refuses to	8593
issue a certificate, or refuses to reinstate an individual's	8594
certificate, the board may specify that its action is permanent.	8595
An individual subject to a permanent action taken by the board is	8596
forever thereafter ineligible to hold the certificate and the	8597
board shall not accept an application for reinstatement of the	8598
certificate or for issuance of a new certificate.	8599

(M) Notwithstanding any other provision of the Revised Code,	8600
all of the following apply:	8601

(1) The surrender of a certificate issued under this chapter	8602
is not effective unless or until accepted by the board.	8603
Reinstatement of a certificate surrendered to the board requires	8604
an affirmative vote of not fewer than six members of the board.	8605

(2) An application made under this chapter for a certificate,	8606
approval of a physician supervisory plan, or approval of a	8607
supervision agreement may not be withdrawn without approval of the	8608
board.	8609

(3) Failure by an individual to renew a certificate in	8610
accordance with section 4730.14 or section 4730.48 of the Revised	8611
Code shall not remove or limit the board's jurisdiction to take	8612
disciplinary action under this section against the individual.	8613

Sec. 4731.22. (A) The state medical board, by an affirmative	8614
vote of not fewer than six of its members, may limit, revoke, or	8615
suspend an individual's certificate to practice, refuse to grant a	8616
certificate to an individual, refuse to register an individual,	8617
refuse to reinstate a certificate, or reprimand or place on	8618
probation the holder of a certificate if the individual or	8619
certificate holder is found by the board to have committed fraud	8620
during the administration of the examination for a certificate to	8621
practice or to have committed fraud, misrepresentation, or	8622
deception in applying for or securing any certificate to practice	8623
or certificate of registration issued by the board.	8624

(B) The board, by an affirmative vote of not fewer than six	8625
members, shall, to the extent permitted by law, limit, revoke, or	8626
suspend an individual's certificate to practice, refuse to	8627
register an individual, refuse to reinstate a certificate, or	8628
reprimand or place on probation the holder of a certificate for	8629
one or more of the following reasons:	8630

(1) Permitting one's name or one's certificate to practice or	8631
certificate of registration to be used by a person, group, or	8632
corporation when the individual concerned is not actually	8633
directing the treatment given;	8634

(2) Failure to maintain minimal standards applicable to the	8635
selection or administration of drugs, or failure to employ	8636
acceptable scientific methods in the selection of drugs or other	8637
modalities for treatment of disease;	8638

(3) Selling, giving away, personally furnishing, prescribing,	8639
or administering drugs for other than legal and legitimate	8640
therapeutic purposes or a plea of guilty to, a judicial finding of	8641
guilt of, or a judicial finding of eligibility for intervention in	8642
lieu of conviction of, a violation of any federal or state law	8643
regulating the possession, distribution, or use of any drug;	8644

(4) Willfully betraying a professional confidence.

8645

For purposes of this division, "willfully betraying a	8646
professional confidence" does not include providing any	8647
information, documents, or reports to a child fatality review	8648
board under sections 307.621 to 307.629 of the Revised Code and	8649
does not include the making of a report of an employee's use of a	8650
drug of abuse, or a report of a condition of an employee other	8651
than one involving the use of a drug of abuse, to the employer of	8652
the employee as described in division (B) of section 2305.33 of	8653
the Revised Code. Nothing in this division affects the immunity	8654
from civil liability conferred by that section upon a physician	8655
who makes either type of report in accordance with division (B) of	8656
that section. As used in this division, "employee," "employer,"	8657
and "physician" have the same meanings as in section 2305.33 of	8658
the Revised Code.	8659

(5) Making a false, fraudulent, deceptive, or misleading	8660
statement in the solicitation of or advertising for patients; in	8661
relation to the practice of medicine and surgery, osteopathic	8662
medicine and surgery, podiatric medicine and surgery, or a limited	8663
branch of medicine; or in securing or attempting to secure any	8664
certificate to practice or certificate of registration issued by	8665
the board.	8666

As used in this division, "false, fraudulent, deceptive, or	8667
misleading statement" means a statement that includes a	8668
misrepresentation of fact, is likely to mislead or deceive because	8669
of a failure to disclose material facts, is intended or is likely	8670
to create false or unjustified expectations of favorable results,	8671
or includes representations or implications that in reasonable	8672
probability will cause an ordinarily prudent person to	8673
misunderstand or be deceived.	8674

(6) A departure from, or the failure to conform to, minimal	8675
standards of care of similar practitioners under the same or	8676
similar circumstances, whether or not actual injury to a patient	8677
is established;	8678

(7) Representing, with the purpose of obtaining compensation	8679
or other advantage as personal gain or for any other person, that	8680
an incurable disease or injury, or other incurable condition, can	8681
be permanently cured;	8682

(8) The obtaining of, or attempting to obtain, money or	8683
anything of value by fraudulent misrepresentations in the course	8684
of practice;	8685

(9) A plea of guilty to, a judicial finding of guilt of, or a	8686
judicial finding of eligibility for intervention in lieu of	8687
conviction for, a felony;	8688

(10) Commission of an act that constitutes a felony in this	8689
state, regardless of the jurisdiction in which the act was	8690
committed;	8691

(11) A plea of guilty to, a judicial finding of guilt of, or	8692
a judicial finding of eligibility for intervention in lieu of	8693
conviction for, a misdemeanor committed in the course of practice;	8694

(12) Commission of an act in the course of practice that	8695
constitutes a misdemeanor in this state, regardless of the	8696
jurisdiction in which the act was committed;	8697

(13) A plea of guilty to, a judicial finding of guilt of, or	8698
a judicial finding of eligibility for intervention in lieu of	8699
conviction for, a misdemeanor involving moral turpitude;	8700

(14) Commission of an act involving moral turpitude that	8701
constitutes a misdemeanor in this state, regardless of the	8702
jurisdiction in which the act was committed;	8703

(15) Violation of the conditions of limitation placed by the	8704
board upon a certificate to practice;	8705

(16) Failure to pay license renewal fees specified in this	8706
chapter;	8707

(17) Except as authorized in section 4731.31 of the Revised	8708
Code, engaging in the division of fees for referral of patients,	8709
or the receiving of a thing of value in return for a specific	8710
referral of a patient to utilize a particular service or business;	8711

(18) Subject to section 4731.226 of the Revised Code,	8712
violation of any provision of a code of ethics of the American	8713
medical association, the American osteopathic association, the	8714
American podiatric medical association, or any other national	8715
professional organizations that the board specifies by rule. The	8716
state medical board shall obtain and keep on file current copies	8717
of the codes of ethics of the various national professional	8718
organizations. The individual whose certificate is being suspended	8719
or revoked shall not be found to have violated any provision of a	8720
code of ethics of an organization not appropriate to the	8721
individual's profession.	8722

For purposes of this division, a "provision of a code of	8723
ethics of a national professional organization" does not include	8724
any provision that would preclude the making of a report by a	8725
physician of an employee's use of a drug of abuse, or of a	8726
condition of an employee other than one involving the use of a	8727
drug of abuse, to the employer of the employee as described in	8728
division (B) of section 2305.33 of the Revised Code. Nothing in	8729
this division affects the immunity from civil liability conferred	8730
by that section upon a physician who makes either type of report	8731
in accordance with division (B) of that section. As used in this	8732
division, "employee," "employer," and "physician" have the same	8733
meanings as in section 2305.33 of the Revised Code.	8734

(19) Inability to practice according to acceptable and	8735
prevailing standards of care by reason of mental illness or	8736
physical illness, including, but not limited to, physical	8737
deterioration that adversely affects cognitive, motor, or	8738
perceptive skills.	8739

In enforcing this division, the board, upon a showing of a	8740
possible violation, may compel any individual authorized to	8741
practice by this chapter or who has submitted an application	8742
pursuant to this chapter to submit to a mental examination,	8743
physical examination, including an HIV test, or both a mental and	8744
a physical examination. The expense of the examination is the	8745
responsibility of the individual compelled to be examined. Failure	8746
to submit to a mental or physical examination or consent to an HIV	8747
test ordered by the board constitutes an admission of the	8748
allegations against the individual unless the failure is due to	8749
circumstances beyond the individual's control, and a default and	8750
final order may be entered without the taking of testimony or	8751
presentation of evidence. If the board finds an individual unable	8752
to practice because of the reasons set forth in this division, the	8753
board shall require the individual to submit to care, counseling,	8754
or treatment by physicians approved or designated by the board, as	8755
a condition for initial, continued, reinstated, or renewed	8756
authority to practice. An individual affected under this division	8757
shall be afforded an opportunity to demonstrate to the board the	8758
ability to resume practice in compliance with acceptable and	8759
prevailing standards under the provisions of the individual's	8760
certificate. For the purpose of this division, any individual who	8761
applies for or receives a certificate to practice under this	8762
chapter accepts the privilege of practicing in this state and, by	8763
so doing, shall be deemed to have given consent to submit to a	8764
mental or physical examination when directed to do so in writing	8765
by the board, and to have waived all objections to the	8766
admissibility of testimony or examination reports that constitute	8767
a privileged communication.	8768

(20) Except when civil penalties are imposed under section	8769
4731.225 or 4731.281 of the Revised Code, and subject to section	8770
4731.226 of the Revised Code, violating or attempting to violate,	8771
directly or indirectly, or assisting in or abetting the violation	8772
of, or conspiring to violate, any provisions of this chapter or	8773
any rule promulgated by the board.	8774

This division does not apply to a violation or attempted	8775
violation of, assisting in or abetting the violation of, or a	8776
conspiracy to violate, any provision of this chapter or any rule	8777
adopted by the board that would preclude the making of a report by	8778
a physician of an employee's use of a drug of abuse, or of a	8779
condition of an employee other than one involving the use of a	8780
drug of abuse, to the employer of the employee as described in	8781
division (B) of section 2305.33 of the Revised Code. Nothing in	8782
this division affects the immunity from civil liability conferred	8783
by that section upon a physician who makes either type of report	8784
in accordance with division (B) of that section. As used in this	8785
division, "employee," "employer," and "physician" have the same	8786
meanings as in section 2305.33 of the Revised Code.	8787

(21) The violation of section 3701.79 of the Revised Code or	8788
of any abortion rule adopted by the public health council pursuant	8789
to section 3701.341 of the Revised Code;	8790

(22) Any of the following actions taken by an agency	8791
responsible for authorizing, certifying, or regulating an	8792
individual to practice a health care occupation or provide health	8793
care services in this state or another jurisdiction, for any	8794
reason other than the nonpayment of fees: the limitation,	8795
revocation, or suspension of an individual's license to practice;	8796
acceptance of an individual's license surrender; denial of a	8797
license; refusal to renew or reinstate a license; imposition of	8798
probation; or issuance of an order of censure or other reprimand;	8799

(23) The violation of section 2919.12 of the Revised Code or	8800
the performance or inducement of an abortion upon a pregnant woman	8801
with actual knowledge that the conditions specified in division	8802
(B) of section 2317.56 of the Revised Code have not been satisfied	8803
or with a heedless indifference as to whether those conditions	8804
have been satisfied, unless an affirmative defense as specified in	8805
division (H)(2) of that section would apply in a civil action	8806
authorized by division (H)(1) of that section;	8807

(24) The revocation, suspension, restriction, reduction, or	8808
termination of clinical privileges by the United States department	8809
of defense or department of veterans affairs or the termination or	8810
suspension of a certificate of registration to prescribe drugs by	8811
the drug enforcement administration of the United States	8812
department of justice;	8813

(25) Termination or suspension from participation in the	8814
medicare or medicaid programs by the department of health and	8815
human services or other responsible agency for any act or acts	8816
that also would constitute a violation of division (B)(2), (3),	8817
(6), (8), or (19) of this section;	8818

(26) Impairment of ability to practice according to	8819
acceptable and prevailing standards of care because of habitual or	8820
excessive use or abuse of drugs, alcohol, or other substances that	8821
impair ability to practice.	8822

For the purposes of this division, any individual authorized	8823
to practice by this chapter accepts the privilege of practicing in	8824
this state subject to supervision by the board. By filing an	8825
application for or holding a certificate to practice under this	8826
chapter, an individual shall be deemed to have given consent to	8827
submit to a mental or physical examination when ordered to do so	8828
by the board in writing, and to have waived all objections to the	8829
admissibility of testimony or examination reports that constitute	8830
privileged communications.	8831

If it has reason to believe that any individual authorized to	8832
practice by this chapter or any applicant for certification to	8833
practice suffers such impairment, the board may compel the	8834
individual to submit to a mental or physical examination, or both.	8835
The expense of the examination is the responsibility of the	8836
individual compelled to be examined. Any mental or physical	8837
examination required under this division shall be undertaken by a	8838
treatment provider or physician who is qualified to conduct the	8839
examination and who is chosen by the board.	8840

Failure to submit to a mental or physical examination ordered	8841
by the board constitutes an admission of the allegations against	8842
the individual unless the failure is due to circumstances beyond	8843
the individual's control, and a default and final order may be	8844
entered without the taking of testimony or presentation of	8845
evidence. If the board determines that the individual's ability to	8846
practice is impaired, the board shall suspend the individual's	8847
certificate or deny the individual's application and shall require	8848
the individual, as a condition for initial, continued, reinstated,	8849
or renewed certification to practice, to submit to treatment.	8850

Before being eligible to apply for reinstatement of a	8851
certificate suspended under this division, the impaired	8852
practitioner shall demonstrate to the board the ability to resume	8853
practice in compliance with acceptable and prevailing standards of	8854
care under the provisions of the practitioner's certificate. The	8855
demonstration shall include, but shall not be limited to, the	8856
following:	8857

(a) Certification from a treatment provider approved under	8858
section 4731.25 of the Revised Code that the individual has	8859
successfully completed any required inpatient treatment;	8860

(b) Evidence of continuing full compliance with an aftercare	8861
contract or consent agreement;	8862

(c) Two written reports indicating that the individual's	8863
ability to practice has been assessed and that the individual has	8864
been found capable of practicing according to acceptable and	8865
prevailing standards of care. The reports shall be made by	8866
individuals or providers approved by the board for making the	8867
assessments and shall describe the basis for their determination.	8868

The board may reinstate a certificate suspended under this	8869
division after that demonstration and after the individual has	8870
entered into a written consent agreement.	8871

When the impaired practitioner resumes practice, the board	8872
shall require continued monitoring of the individual. The	8873
monitoring shall include, but not be limited to, compliance with	8874
the written consent agreement entered into before reinstatement or	8875
with conditions imposed by board order after a hearing, and, upon	8876
termination of the consent agreement, submission to the board for	8877
at least two years of annual written progress reports made under	8878
penalty of perjury stating whether the individual has maintained	8879
sobriety.	8880

(27) A second or subsequent violation of section 4731.66 or	8881
4731.69 of the Revised Code;	8882

(28) Except as provided in division (N) of this section:

8883

(a) Waiving the payment of all or any part of a deductible or	8884
copayment that a patient, pursuant to a health insurance or health	8885
care policy, contract, or plan that covers the individual's	8886
services, otherwise would be required to pay if the waiver is used	8887
as an enticement to a patient or group of patients to receive	8888
health care services from that individual;	8889

(b) Advertising that the individual will waive the payment of	8890
all or any part of a deductible or copayment that a patient,	8891
pursuant to a health insurance or health care policy, contract, or	8892
plan that covers the individual's services, otherwise would be	8893
required to pay.	8894

(29) Failure to use universal blood and body fluid	8895
precautions established by rules adopted under section 4731.051 of	8896
the Revised Code;	8897

(30) Failure to provide notice to, and receive acknowledgment	8898
of the notice from, a patient when required by section 4731.143 of	8899
the Revised Code prior to providing nonemergency professional	8900
services, or failure to maintain that notice in the patient's	8901
file;	8902

(31) Failure of a physician supervising a physician assistant	8903
to maintain supervision in accordance with the requirements of	8904
Chapter 4730. of the Revised Code and the rules adopted under that	8905
chapter;	8906

(32) Failure of a physician or podiatrist to enter into a	8907
standard care arrangement with a clinical nurse specialist,	8908
certified nurse-midwife, or certified nurse practitioner with whom	8909
the physician or podiatrist is in collaboration pursuant to	8910
section 4731.27 of the Revised Code or failure to fulfill the	8911
responsibilities of collaboration after entering into a standard	8912
care arrangement;	8913

(33) Failure to comply with the terms of a consult agreement	8914
entered into with a pharmacist pursuant to section 4729.39 of the	8915
Revised Code;	8916

(34) Failure to cooperate in an investigation conducted by	8917
the board under division (F) of this section, including failure to	8918
comply with a subpoena or order issued by the board or failure to	8919
answer truthfully a question presented by the board in an	8920
investigative interview, an investigative office conference, at a	8921
deposition, or in written interrogatories, except that failure to	8922
cooperate with an investigation shall not constitute grounds for	8923
discipline under this section if a court of competent jurisdiction	8924
has issued an order that either quashes a subpoena or permits the	8925
individual to withhold the testimony or evidence in issue;	8926

(35) Failure to supervise an oriental medicine practitioner	8927
or acupuncturist in accordance with Chapter 4762. of the Revised	8928
Code and the board's rules for providing that supervision;	8929

(36) Failure to supervise an anesthesiologist assistant in	8930
accordance with Chapter 4760. of the Revised Code and the board's	8931
rules for supervision of an anesthesiologist assistant;	8932

(37) Assisting suicide as defined in section 3795.01 of the	8933
Revised Code;	8934

(38) Failure to comply with the requirements of section	8935
2317.561 of the Revised Code;	8936

(39) Failure to supervise a radiologist assistant in	8937
accordance with Chapter 4774. of the Revised Code and the board's	8938
rules for supervision of radiologist assistants;	8939

(40) Performing or inducing an abortion at an office or	8940
facility with knowledge that the office or facility fails to post	8941
the notice required under section 3701.791 of the Revised Code;	8942

(41) Failure to comply with the standards and procedures	8943
established in rules under section 4731.054 of the Revised Code	8944
for the operation of or the provision of care at a pain management	8945
clinic;	8946

(42) Failure to comply with the standards and procedures	8947
established in rules under section 4731.054 of the Revised Code	8948
for providing supervision, direction, and control of individuals	8949
at a pain management clinic;	8950

(43) Failure to comply with the requirements of section	8951
4729.79 of the Revised Code, unless the state board of pharmacy no	8952
longer maintains a drug database pursuant to section 4729.75 of	8953
the Revised Code;	8954

(44) Failure to comply with the requirements of section	8955
2919.171 of the Revised Code or failure to submit to the	8956
department of health in accordance with a court order a complete	8957
report as described in section 2919.171 of the Revised Code;	8958

(45) Failure to supervise a genetic counselor holding a	8959
supervised practice license in accordance with Chapter 4778. of	8960
the Revised Code and the board's rules for supervision of the	8961
genetic counselor;	8962

(46) Failure to fulfill the responsibilities of collaboration	8963
after entering into a collaborative agreement with a genetic	8964
counselor under division (B) of section 4778.11 of the Revised	8965
Code or failure to comply with the board's rules regarding such	8966
agreements.	8967

(47) Practicing at a facility that is subject to licensure as	8968
a category III terminal distributor of dangerous drugs with a pain	8969
management clinic classification unless the person operating the	8970
facility has obtained and maintains the license with the	8971
classification;	8972

(48) Owning a facility that is subject to licensure as a	8973
category III terminal distributor of dangerous drugs with a pain	8974
management clinic classification unless the facility is licensed	8975
with the classification.	8976

(C) Disciplinary actions taken by the board under divisions	8977
(A) and (B) of this section shall be taken pursuant to an	8978
adjudication under Chapter 119. of the Revised Code, except that	8979
in lieu of an adjudication, the board may enter into a consent	8980
agreement with an individual to resolve an allegation of a	8981
violation of this chapter or any rule adopted under it. A consent	8982
agreement, when ratified by an affirmative vote of not fewer than	8983
six members of the board, shall constitute the findings and order	8984
of the board with respect to the matter addressed in the	8985
agreement. If the board refuses to ratify a consent agreement, the	8986
admissions and findings contained in the consent agreement shall	8987
be of no force or effect.	8988

A telephone conference call may be utilized for ratification	8989
of a consent agreement that revokes or suspends an individual's	8990
certificate to practice. The telephone conference call shall be	8991
considered a special meeting under division (F) of section 121.22	8992
of the Revised Code.	8993

If the board takes disciplinary action against an individual	8994
under division (B) of this section for a second or subsequent plea	8995
of guilty to, or judicial finding of guilt of, a violation of	8996
section 2919.123 of the Revised Code, the disciplinary action	8997
shall consist of a suspension of the individual's certificate to	8998
practice for a period of at least one year or, if determined	8999
appropriate by the board, a more serious sanction involving the	9000
individual's certificate to practice. Any consent agreement	9001
entered into under this division with an individual that pertains	9002
to a second or subsequent plea of guilty to, or judicial finding	9003
of guilt of, a violation of that section shall provide for a	9004
suspension of the individual's certificate to practice for a	9005
period of at least one year or, if determined appropriate by the	9006
board, a more serious sanction involving the individual's	9007
certificate to practice.	9008

(D) For purposes of divisions (B)(10), (12), and (14) of this	9009
section, the commission of the act may be established by a finding	9010
by the board, pursuant to an adjudication under Chapter 119. of	9011
the Revised Code, that the individual committed the act. The board	9012
does not have jurisdiction under those divisions if the trial	9013
court renders a final judgment in the individual's favor and that	9014
judgment is based upon an adjudication on the merits. The board	9015
has jurisdiction under those divisions if the trial court issues	9016
an order of dismissal upon technical or procedural grounds.	9017

(E) The sealing of conviction records by any court shall have	9018
no effect upon a prior board order entered under this section or	9019
upon the board's jurisdiction to take action under this section	9020
if, based upon a plea of guilty, a judicial finding of guilt, or a	9021
judicial finding of eligibility for intervention in lieu of	9022
conviction, the board issued a notice of opportunity for a hearing	9023
prior to the court's order to seal the records. The board shall	9024
not be required to seal, destroy, redact, or otherwise modify its	9025
records to reflect the court's sealing of conviction records.	9026

(F)(1) The board shall investigate evidence that appears to	9027
show that a person has violated any provision of this chapter or	9028
any rule adopted under it. Any person may report to the board in a	9029
signed writing any information that the person may have that	9030
appears to show a violation of any provision of this chapter or	9031
any rule adopted under it. In the absence of bad faith, any person	9032
who reports information of that nature or who testifies before the	9033
board in any adjudication conducted under Chapter 119. of the	9034
Revised Code shall not be liable in damages in a civil action as a	9035
result of the report or testimony. Each complaint or allegation of	9036
a violation received by the board shall be assigned a case number	9037
and shall be recorded by the board.	9038

(2) Investigations of alleged violations of this chapter or	9039
any rule adopted under it shall be supervised by the supervising	9040
member elected by the board in accordance with section 4731.02 of	9041
the Revised Code and by the secretary as provided in section	9042
4731.39 of the Revised Code. The president may designate another	9043
member of the board to supervise the investigation in place of the	9044
supervising member. No member of the board who supervises the	9045
investigation of a case shall participate in further adjudication	9046
of the case.	9047

(3) In investigating a possible violation of this chapter or	9048
any rule adopted under this chapter, or in conducting an	9049
inspection under division (E) of section 4731.054 of the Revised	9050
Code, the board may question witnesses, conduct interviews,	9051
administer oaths, order the taking of depositions, inspect and	9052
copy any books, accounts, papers, records, or documents, issue	9053
subpoenas, and compel the attendance of witnesses and production	9054
of books, accounts, papers, records, documents, and testimony,	9055
except that a subpoena for patient record information shall not be	9056
issued without consultation with the attorney general's office and	9057
approval of the secretary and supervising member of the board.	9058

(a) Before issuance of a subpoena for patient record	9059
information, the secretary and supervising member shall determine	9060
whether there is probable cause to believe that the complaint	9061
filed alleges a violation of this chapter or any rule adopted	9062
under it and that the records sought are relevant to the alleged	9063
violation and material to the investigation. The subpoena may	9064
apply only to records that cover a reasonable period of time	9065
surrounding the alleged violation.	9066

(b) On failure to comply with any subpoena issued by the	9067
board and after reasonable notice to the person being subpoenaed,	9068
the board may move for an order compelling the production of	9069
persons or records pursuant to the Rules of Civil Procedure.	9070

(c) A subpoena issued by the board may be served by a	9071
sheriff, the sheriff's deputy, or a board employee designated by	9072
the board. Service of a subpoena issued by the board may be made	9073
by delivering a copy of the subpoena to the person named therein,	9074
reading it to the person, or leaving it at the person's usual	9075
place of residence, usual place of business, or address on file	9076
with the board. When serving a subpoena to an applicant for or the	9077
holder of a certificate issued under this chapter, service of the	9078
subpoena may be made by certified mail, return receipt requested,	9079
and the subpoena shall be deemed served on the date delivery is	9080
made or the date the person refuses to accept delivery. If the	9081
person being served refuses to accept the subpoena or is not	9082
located, service may be made to an attorney who notifies the board	9083
that the attorney is representing the person.	9084

(d) A sheriff's deputy who serves a subpoena shall receive	9085
the same fees as a sheriff. Each witness who appears before the	9086
board in obedience to a subpoena shall receive the fees and	9087
mileage provided for under section 119.094 of the Revised Code.	9088

(4) All hearings, investigations, and inspections of the	9089
board shall be considered civil actions for the purposes of	9090
section 2305.252 of the Revised Code.	9091

(5) A report required to be submitted to the board under this	9092
chapter, a complaint, or information received by the board	9093
pursuant to an investigation or pursuant to an inspection under	9094
division (E) of section 4731.054 of the Revised Code is	9095
confidential and not subject to discovery in any civil action.	9096

The board shall conduct all investigations or inspections and	9097
proceedings in a manner that protects the confidentiality of	9098
patients and persons who file complaints with the board. The board	9099
shall not make public the names or any other identifying	9100
information about patients or complainants unless proper consent	9101
is given or, in the case of a patient, a waiver of the patient	9102
privilege exists under division (B) of section 2317.02 of the	9103
Revised Code, except that consent or a waiver of that nature is	9104
not required if the board possesses reliable and substantial	9105
evidence that no bona fide physician-patient relationship exists.	9106

The board may share any information it receives pursuant to	9107
an investigation or inspection, including patient records and	9108
patient record information, with law enforcement agencies, other	9109
licensing boards, and other governmental agencies that are	9110
prosecuting, adjudicating, or investigating alleged violations of	9111
statutes or administrative rules. An agency or board that receives	9112
the information shall comply with the same requirements regarding	9113
confidentiality as those with which the state medical board must	9114
comply, notwithstanding any conflicting provision of the Revised	9115
Code or procedure of the agency or board that applies when it is	9116
dealing with other information in its possession. In a judicial	9117
proceeding, the information may be admitted into evidence only in	9118
accordance with the Rules of Evidence, but the court shall require	9119
that appropriate measures are taken to ensure that confidentiality	9120
is maintained with respect to any part of the information that	9121
contains names or other identifying information about patients or	9122
complainants whose confidentiality was protected by the state	9123
medical board when the information was in the board's possession.	9124
Measures to ensure confidentiality that may be taken by the court	9125
include sealing its records or deleting specific information from	9126
its records.	9127

(6) On a quarterly basis, the board shall prepare a report	9128
that documents the disposition of all cases during the preceding	9129
three months. The report shall contain the following information	9130
for each case with which the board has completed its activities:	9131

(a) The case number assigned to the complaint or alleged	9132
violation;	9133

(b) The type of certificate to practice, if any, held by the	9134
individual against whom the complaint is directed;	9135

(c) A description of the allegations contained in the	9136
complaint;	9137

(d) The disposition of the case.

9138

The report shall state how many cases are still pending and	9139
shall be prepared in a manner that protects the identity of each	9140
person involved in each case. The report shall be a public record	9141
under section 149.43 of the Revised Code.	9142

(G) If the secretary and supervising member determine both of	9143
the following, they may recommend that the board suspend an	9144
individual's certificate to practice without a prior hearing:	9145

(1) That there is clear and convincing evidence that an	9146
individual has violated division (B) of this section;	9147

(2) That the individual's continued practice presents a	9148
danger of immediate and serious harm to the public.	9149

Written allegations shall be prepared for consideration by	9150
the board. The board, upon review of those allegations and by an	9151
affirmative vote of not fewer than six of its members, excluding	9152
the secretary and supervising member, may suspend a certificate	9153
without a prior hearing. A telephone conference call may be	9154
utilized for reviewing the allegations and taking the vote on the	9155
summary suspension.	9156

The board shall issue a written order of suspension by	9157
certified mail or in person in accordance with section 119.07 of	9158
the Revised Code. The order shall not be subject to suspension by	9159
the court during pendency of any appeal filed under section 119.12	9160
of the Revised Code. If the individual subject to the summary	9161
suspension requests an adjudicatory hearing by the board, the date	9162
set for the hearing shall be within fifteen days, but not earlier	9163
than seven days, after the individual requests the hearing, unless	9164
otherwise agreed to by both the board and the individual.	9165

Any summary suspension imposed under this division shall	9166
remain in effect, unless reversed on appeal, until a final	9167
adjudicative order issued by the board pursuant to this section	9168
and Chapter 119. of the Revised Code becomes effective. The board	9169
shall issue its final adjudicative order within seventy-five days	9170
after completion of its hearing. A failure to issue the order	9171
within seventy-five days shall result in dissolution of the	9172
summary suspension order but shall not invalidate any subsequent,	9173
final adjudicative order.	9174

(H) If the board takes action under division (B)(9), (11), or	9175
(13) of this section and the judicial finding of guilt, guilty	9176
plea, or judicial finding of eligibility for intervention in lieu	9177
of conviction is overturned on appeal, upon exhaustion of the	9178
criminal appeal, a petition for reconsideration of the order may	9179
be filed with the board along with appropriate court documents.	9180
Upon receipt of a petition of that nature and supporting court	9181
documents, the board shall reinstate the individual's certificate	9182
to practice. The board may then hold an adjudication under Chapter	9183
119. of the Revised Code to determine whether the individual	9184
committed the act in question. Notice of an opportunity for a	9185
hearing shall be given in accordance with Chapter 119. of the	9186
Revised Code. If the board finds, pursuant to an adjudication held	9187
under this division, that the individual committed the act or if	9188
no hearing is requested, the board may order any of the sanctions	9189
identified under division (B) of this section.	9190

(I) The certificate to practice issued to an individual under	9191
this chapter and the individual's practice in this state are	9192
automatically suspended as of the date of the individual's second	9193
or subsequent plea of guilty to, or judicial finding of guilt of,	9194
a violation of section 2919.123 of the Revised Code, or the date	9195
the individual pleads guilty to, is found by a judge or jury to be	9196
guilty of, or is subject to a judicial finding of eligibility for	9197
intervention in lieu of conviction in this state or treatment or	9198
intervention in lieu of conviction in another jurisdiction for any	9199
of the following criminal offenses in this state or a	9200
substantially equivalent criminal offense in another jurisdiction:	9201
aggravated murder, murder, voluntary manslaughter, felonious	9202
assault, kidnapping, rape, aggravated rape, aggravated rape of a	9203
child, sexual battery, aggravated sexual battery, aggravated	9204
sexual battery of a child, gross sexual imposition, aggravated	9205
arson, aggravated robbery, or aggravated burglary. Continued	9206
practice after suspension shall be considered practicing without a	9207
certificate.	9208

The board shall notify the individual subject to the	9209
suspension by certified mail or in person in accordance with	9210
section 119.07 of the Revised Code. If an individual whose	9211
certificate is automatically suspended under this division fails	9212
to make a timely request for an adjudication under Chapter 119. of	9213
the Revised Code, the board shall do whichever of the following is	9214
applicable:	9215

(1) If the automatic suspension under this division is for a	9216
second or subsequent plea of guilty to, or judicial finding of	9217
guilt of, a violation of section 2919.123 of the Revised Code, the	9218
board shall enter an order suspending the individual's certificate	9219
to practice for a period of at least one year or, if determined	9220
appropriate by the board, imposing a more serious sanction	9221
involving the individual's certificate to practice.	9222

(2) In all circumstances in which division (I)(1) of this	9223
section does not apply, enter a final order permanently revoking	9224
the individual's certificate to practice.	9225

(J) If the board is required by Chapter 119. of the Revised	9226
Code to give notice of an opportunity for a hearing and if the	9227
individual subject to the notice does not timely request a hearing	9228
in accordance with section 119.07 of the Revised Code, the board	9229
is not required to hold a hearing, but may adopt, by an	9230
affirmative vote of not fewer than six of its members, a final	9231
order that contains the board's findings. In that final order, the	9232
board may order any of the sanctions identified under division (A)	9233
or (B) of this section.	9234

(K) Any action taken by the board under division (B) of this	9235
section resulting in a suspension from practice shall be	9236
accompanied by a written statement of the conditions under which	9237
the individual's certificate to practice may be reinstated. The	9238
board shall adopt rules governing conditions to be imposed for	9239
reinstatement. Reinstatement of a certificate suspended pursuant	9240
to division (B) of this section requires an affirmative vote of	9241
not fewer than six members of the board.	9242

(L) When the board refuses to grant a certificate to an	9243
applicant, revokes an individual's certificate to practice,	9244
refuses to register an applicant, or refuses to reinstate an	9245
individual's certificate to practice, the board may specify that	9246
its action is permanent. An individual subject to a permanent	9247
action taken by the board is forever thereafter ineligible to hold	9248
a certificate to practice and the board shall not accept an	9249
application for reinstatement of the certificate or for issuance	9250
of a new certificate.	9251

(M) Notwithstanding any other provision of the Revised Code,	9252
all of the following apply:	9253

(1) The surrender of a certificate issued under this chapter	9254
shall not be effective unless or until accepted by the board. A	9255
telephone conference call may be utilized for acceptance of the	9256
surrender of an individual's certificate to practice. The	9257
telephone conference call shall be considered a special meeting	9258
under division (F) of section 121.22 of the Revised Code.	9259
Reinstatement of a certificate surrendered to the board requires	9260
an affirmative vote of not fewer than six members of the board.	9261

(2) An application for a certificate made under the	9262
provisions of this chapter may not be withdrawn without approval	9263
of the board.	9264

(3) Failure by an individual to renew a certificate of	9265
registration in accordance with this chapter shall not remove or	9266
limit the board's jurisdiction to take any disciplinary action	9267
under this section against the individual.	9268

(4) At the request of the board, a certificate holder shall	9269
immediately surrender to the board a certificate that the board	9270
has suspended, revoked, or permanently revoked.	9271

(N) Sanctions shall not be imposed under division (B)(28) of	9272
this section against any person who waives deductibles and	9273
copayments as follows:	9274

(1) In compliance with the health benefit plan that expressly	9275
allows such a practice. Waiver of the deductibles or copayments	9276
shall be made only with the full knowledge and consent of the plan	9277
purchaser, payer, and third-party administrator. Documentation of	9278
the consent shall be made available to the board upon request.	9279

(2) For professional services rendered to any other person	9280
authorized to practice pursuant to this chapter, to the extent	9281
allowed by this chapter and rules adopted by the board.	9282

(O) Under the board's investigative duties described in this	9283
section and subject to division (F) of this section, the board	9284
shall develop and implement a quality intervention program	9285
designed to improve through remedial education the clinical and	9286
communication skills of individuals authorized under this chapter	9287
to practice medicine and surgery, osteopathic medicine and	9288
surgery, and podiatric medicine and surgery. In developing and	9289
implementing the quality intervention program, the board may do	9290
all of the following:	9291

(1) Offer in appropriate cases as determined by the board an	9292
educational and assessment program pursuant to an investigation	9293
the board conducts under this section;	9294

(2) Select providers of educational and assessment services,	9295
including a quality intervention program panel of case reviewers;	9296

(3) Make referrals to educational and assessment service	9297
providers and approve individual educational programs recommended	9298
by those providers. The board shall monitor the progress of each	9299
individual undertaking a recommended individual educational	9300
program.	9301

(4) Determine what constitutes successful completion of an	9302
individual educational program and require further monitoring of	9303
the individual who completed the program or other action that the	9304
board determines to be appropriate;	9305

(5) Adopt rules in accordance with Chapter 119. of the	9306
Revised Code to further implement the quality intervention	9307
program.	9308

An individual who participates in an individual educational	9309
program pursuant to this division shall pay the financial	9310
obligations arising from that educational program.	9311

Sec. 4734.36. A chiropractor who in this state pleads guilty	9312
to or is convicted of aggravated murder, murder, voluntary	9313
manslaughter, felonious assault, kidnapping, rape, aggravated	9314
rape, aggravated rape of a child, sexual battery, aggravated	9315
sexual battery, aggravated sexual battery of a child, gross sexual	9316
imposition, aggravated arson, aggravated robbery, or aggravated	9317
burglary, or who in another jurisdiction pleads guilty to or is	9318
convicted of any substantially equivalent criminal offense, is	9319
automatically suspended from practice in this state and the	9320
license issued under this chapter to practice chiropractic is	9321
automatically suspended as of the date of the guilty plea or	9322
conviction. If applicable, the chiropractor's certificate issued	9323
under this chapter to practice acupuncture is automatically	9324
suspended at the same time. Continued practice after suspension	9325
under this section shall be considered practicing chiropractic	9326
without a license and, if applicable, acupuncture without a	9327
certificate. On receiving notice or otherwise becoming aware of	9328
the conviction, the state chiropractic board shall notify the	9329
individual of the suspension under this section by certified mail	9330
or in person in accordance with section 119.07 of the Revised	9331
Code. If an individual whose license and, if applicable,	9332
certificate to practice acupuncture is suspended under this	9333
section fails to make a timely request for an adjudication, the	9334
board shall enter a final order revoking the individual's license	9335
and, if applicable, certificate to practice acupuncture.	9336

Sec. 4757.361. (A) As used in this section, with regard to	9337
offenses committed in Ohio, "aggravated murder," "murder,"	9338
"voluntary manslaughter," "felonious assault," "kidnapping,"	9339
"rape," "aggravated rape," "aggravated rape of a child," "sexual	9340
battery," "aggravated sexual battery," "aggravated sexual battery	9341
of a child," "gross sexual imposition," "aggravated arson,"	9342
"aggravated robbery," and "aggravated burglary" mean such offenses	9343
as defined in Title XXIX of the Revised Code; with regard to	9344
offenses committed in other jurisdictions, the terms mean offenses	9345
comparable to offenses defined in Title XXIX of the Revised Code.	9346

(B) When there is clear and convincing evidence that	9347
continued practice by an individual licensed under this chapter	9348
presents a danger of immediate and serious harm to the public, as	9349
determined on consideration of the evidence by the professional	9350
standards committees of the counselor, social worker, and marriage	9351
and family therapist board, the appropriate committee shall impose	9352
on the individual a summary suspension without a hearing.	9353

Immediately following the decision to impose a summary	9354
suspension, the appropriate committee shall issue a written order	9355
of suspension and cause it to be delivered by certified mail or in	9356
person in accordance with section 119.07 of the Revised Code. The	9357
order shall not be subject to suspension by the court during the	9358
pendency of any appeal filed under section 119.12 of the Revised	9359
Code. If the individual subject to the suspension requests an	9360
adjudication, the date set for the adjudication shall be within	9361
fifteen days but not earlier than seven days after the individual	9362
makes the request, unless another date is agreed to by both the	9363
individual and the committee imposing the suspension. The summary	9364
suspension shall remain in effect, unless reversed by the	9365
committee, until a final adjudication order issued by the	9366
committee pursuant to this section and Chapter 119. of the Revised	9367
Code becomes effective.	9368

The committee shall issue its final adjudication order within	9369
ninety days after completion of the adjudication. If the committee	9370
does not issue a final order within the ninety-day period, the	9371
summary suspension shall be void, but any final adjudication order	9372
issued subsequent to the ninety-day period shall not be affected.	9373

(C) The license issued to an individual under this chapter is	9374
automatically suspended on that individual's conviction of, plea	9375
of guilty to, or judicial finding with regard to any of the	9376
following: aggravated murder, murder, voluntary manslaughter,	9377
felonious assault, kidnapping, rape, aggravated rape, aggravated	9378
rape of a child, sexual battery, aggravated sexual battery,	9379
aggravated sexual battery of a child, gross sexual imposition,	9380
aggravated arson, aggravated robbery, or aggravated burglary. The	9381
suspension shall remain in effect from the date of the conviction,	9382
plea, or finding until an adjudication is held under Chapter 119.	9383
of the Revised Code. If the appropriate committee has knowledge	9384
that an automatic suspension has occurred, it shall notify the	9385
individual subject to the suspension. If the individual is	9386
notified and either fails to request an adjudication within the	9387
time periods established by Chapter 119. of the Revised Code or	9388
fails to participate in the adjudication, the committee shall	9389
enter a final order permanently revoking the person's license or	9390
certificate.	9391

Sec. 4760.13. (A) The state medical board, by an affirmative	9392
vote of not fewer than six members, may revoke or may refuse to	9393
grant a certificate of registration as an anesthesiologist	9394
assistant to a person found by the board to have committed fraud,	9395
misrepresentation, or deception in applying for or securing the	9396
certificate.	9397

(B) The board, by an affirmative vote of not fewer than six	9398
members, shall, to the extent permitted by law, limit, revoke, or	9399
suspend an individual's certificate of registration as an	9400
anesthesiologist assistant, refuse to issue a certificate to an	9401
applicant, refuse to reinstate a certificate, or reprimand or	9402
place on probation the holder of a certificate for any of the	9403
following reasons:	9404

(1) Permitting the holder's name or certificate to be used by	9405
another person;	9406

(2) Failure to comply with the requirements of this chapter,	9407
Chapter 4731. of the Revised Code, or any rules adopted by the	9408
board;	9409

(3) Violating or attempting to violate, directly or	9410
indirectly, or assisting in or abetting the violation of, or	9411
conspiring to violate, any provision of this chapter, Chapter	9412
4731. of the Revised Code, or the rules adopted by the board;	9413

(4) A departure from, or failure to conform to, minimal	9414
standards of care of similar practitioners under the same or	9415
similar circumstances whether or not actual injury to the patient	9416
is established;	9417

(5) Inability to practice according to acceptable and	9418
prevailing standards of care by reason of mental illness or	9419
physical illness, including physical deterioration that adversely	9420
affects cognitive, motor, or perceptive skills;	9421

(6) Impairment of ability to practice according to acceptable	9422
and prevailing standards of care because of habitual or excessive	9423
use or abuse of drugs, alcohol, or other substances that impair	9424
ability to practice;	9425

(7) Willfully betraying a professional confidence;

9426

(8) Making a false, fraudulent, deceptive, or misleading	9427
statement in securing or attempting to secure a certificate of	9428
registration to practice as an anesthesiologist assistant.	9429

As used in this division, "false, fraudulent, deceptive, or	9430
misleading statement" means a statement that includes a	9431
misrepresentation of fact, is likely to mislead or deceive because	9432
of a failure to disclose material facts, is intended or is likely	9433
to create false or unjustified expectations of favorable results,	9434
or includes representations or implications that in reasonable	9435
probability will cause an ordinarily prudent person to	9436
misunderstand or be deceived.	9437

(9) The obtaining of, or attempting to obtain, money or a	9438
thing of value by fraudulent misrepresentations in the course of	9439
practice;	9440

(10) A plea of guilty to, a judicial finding of guilt of, or	9441
a judicial finding of eligibility for intervention in lieu of	9442
conviction for, a felony;	9443

(11) Commission of an act that constitutes a felony in this	9444
state, regardless of the jurisdiction in which the act was	9445
committed;	9446

(12) A plea of guilty to, a judicial finding of guilt of, or	9447
a judicial finding of eligibility for intervention in lieu of	9448
conviction for, a misdemeanor committed in the course of practice;	9449

(13) A plea of guilty to, a judicial finding of guilt of, or	9450
a judicial finding of eligibility for intervention in lieu of	9451
conviction for, a misdemeanor involving moral turpitude;	9452

(14) Commission of an act in the course of practice that	9453
constitutes a misdemeanor in this state, regardless of the	9454
jurisdiction in which the act was committed;	9455

(15) Commission of an act involving moral turpitude that	9456
constitutes a misdemeanor in this state, regardless of the	9457
jurisdiction in which the act was committed;	9458

(16) A plea of guilty to, a judicial finding of guilt of, or	9459
a judicial finding of eligibility for intervention in lieu of	9460
conviction for violating any state or federal law regulating the	9461
possession, distribution, or use of any drug, including	9462
trafficking in drugs;	9463

(17) Any of the following actions taken by the state agency	9464
responsible for regulating the practice of anesthesiologist	9465
assistants in another jurisdiction, for any reason other than the	9466
nonpayment of fees: the limitation, revocation, or suspension of	9467
an individual's license to practice; acceptance of an individual's	9468
license surrender; denial of a license; refusal to renew or	9469
reinstate a license; imposition of probation; or issuance of an	9470
order of censure or other reprimand;	9471

(18) Violation of the conditions placed by the board on a	9472
certificate of registration;	9473

(19) Failure to use universal blood and body fluid	9474
precautions established by rules adopted under section 4731.051 of	9475
the Revised Code;	9476

(20) Failure to cooperate in an investigation conducted by	9477
the board under section 4760.14 of the Revised Code, including	9478
failure to comply with a subpoena or order issued by the board or	9479
failure to answer truthfully a question presented by the board at	9480
a deposition or in written interrogatories, except that failure to	9481
cooperate with an investigation shall not constitute grounds for	9482
discipline under this section if a court of competent jurisdiction	9483
has issued an order that either quashes a subpoena or permits the	9484
individual to withhold the testimony or evidence in issue;	9485

(21) Failure to comply with any code of ethics established by	9486
the national commission for the certification of anesthesiologist	9487
assistants;	9488

(22) Failure to notify the state medical board of the	9489
revocation or failure to maintain certification from the national	9490
commission for certification of anesthesiologist assistants.	9491

(C) Disciplinary actions taken by the board under divisions	9492
(A) and (B) of this section shall be taken pursuant to an	9493
adjudication under Chapter 119. of the Revised Code, except that	9494
in lieu of an adjudication, the board may enter into a consent	9495
agreement with an anesthesiologist assistant or applicant to	9496
resolve an allegation of a violation of this chapter or any rule	9497
adopted under it. A consent agreement, when ratified by an	9498
affirmative vote of not fewer than six members of the board, shall	9499
constitute the findings and order of the board with respect to the	9500
matter addressed in the agreement. If the board refuses to ratify	9501
a consent agreement, the admissions and findings contained in the	9502
consent agreement shall be of no force or effect.	9503

(D) For purposes of divisions (B)(11), (14), and (15) of this	9504
section, the commission of the act may be established by a finding	9505
by the board, pursuant to an adjudication under Chapter 119. of	9506
the Revised Code, that the applicant or certificate holder	9507
committed the act in question. The board shall have no	9508
jurisdiction under these divisions in cases where the trial court	9509
renders a final judgment in the certificate holder's favor and	9510
that judgment is based upon an adjudication on the merits. The	9511
board shall have jurisdiction under these divisions in cases where	9512
the trial court issues an order of dismissal on technical or	9513
procedural grounds.	9514

(E) The sealing of conviction records by any court shall have	9515
no effect on a prior board order entered under the provisions of	9516
this section or on the board's jurisdiction to take action under	9517
the provisions of this section if, based upon a plea of guilty, a	9518
judicial finding of guilt, or a judicial finding of eligibility	9519
for intervention in lieu of conviction, the board issued a notice	9520
of opportunity for a hearing prior to the court's order to seal	9521
the records. The board shall not be required to seal, destroy,	9522
redact, or otherwise modify its records to reflect the court's	9523
sealing of conviction records.	9524

(F) For purposes of this division, any individual who holds a	9525
certificate of registration issued under this chapter, or applies	9526
for a certificate of registration, shall be deemed to have given	9527
consent to submit to a mental or physical examination when	9528
directed to do so in writing by the board and to have waived all	9529
objections to the admissibility of testimony or examination	9530
reports that constitute a privileged communication.	9531

(1) In enforcing division (B)(5) of this section, the board,	9532
on a showing of a possible violation, may compel any individual	9533
who holds a certificate of registration issued under this chapter	9534
or who has applied for a certificate of registration pursuant to	9535
this chapter to submit to a mental or physical examination, or	9536
both. A physical examination may include an HIV test. The expense	9537
of the examination is the responsibility of the individual	9538
compelled to be examined. Failure to submit to a mental or	9539
physical examination or consent to an HIV test ordered by the	9540
board constitutes an admission of the allegations against the	9541
individual unless the failure is due to circumstances beyond the	9542
individual's control, and a default and final order may be entered	9543
without the taking of testimony or presentation of evidence. If	9544
the board finds an anesthesiologist assistant unable to practice	9545
because of the reasons set forth in division (B)(5) of this	9546
section, the board shall require the anesthesiologist assistant to	9547
submit to care, counseling, or treatment by physicians approved or	9548
designated by the board, as a condition for an initial, continued,	9549
reinstated, or renewed certificate of registration. An individual	9550
affected by this division shall be afforded an opportunity to	9551
demonstrate to the board the ability to resume practicing in	9552
compliance with acceptable and prevailing standards of care.	9553

(2) For purposes of division (B)(6) of this section, if the	9554
board has reason to believe that any individual who holds a	9555
certificate of registration issued under this chapter or any	9556
applicant for a certificate of registration suffers such	9557
impairment, the board may compel the individual to submit to a	9558
mental or physical examination, or both. The expense of the	9559
examination is the responsibility of the individual compelled to	9560
be examined. Any mental or physical examination required under	9561
this division shall be undertaken by a treatment provider or	9562
physician qualified to conduct such examination and chosen by the	9563
board.	9564

Failure to submit to a mental or physical examination ordered	9565
by the board constitutes an admission of the allegations against	9566
the individual unless the failure is due to circumstances beyond	9567
the individual's control, and a default and final order may be	9568
entered without the taking of testimony or presentation of	9569
evidence. If the board determines that the individual's ability to	9570
practice is impaired, the board shall suspend the individual's	9571
certificate or deny the individual's application and shall require	9572
the individual, as a condition for an initial, continued,	9573
reinstated, or renewed certificate of registration, to submit to	9574
treatment.	9575

Before being eligible to apply for reinstatement of a	9576
certificate suspended under this division, the anesthesiologist	9577
assistant shall demonstrate to the board the ability to resume	9578
practice in compliance with acceptable and prevailing standards of	9579
care. The demonstration shall include the following:	9580

(a) Certification from a treatment provider approved under	9581
section 4731.25 of the Revised Code that the individual has	9582
successfully completed any required inpatient treatment;	9583

(b) Evidence of continuing full compliance with an aftercare	9584
contract or consent agreement;	9585

(c) Two written reports indicating that the individual's	9586
ability to practice has been assessed and that the individual has	9587
been found capable of practicing according to acceptable and	9588
prevailing standards of care. The reports shall be made by	9589
individuals or providers approved by the board for making such	9590
assessments and shall describe the basis for their determination.	9591

The board may reinstate a certificate suspended under this	9592
division after such demonstration and after the individual has	9593
entered into a written consent agreement.	9594

When the impaired anesthesiologist assistant resumes	9595
practice, the board shall require continued monitoring of the	9596
anesthesiologist assistant. The monitoring shall include	9597
monitoring of compliance with the written consent agreement	9598
entered into before reinstatement or with conditions imposed by	9599
board order after a hearing, and, on termination of the consent	9600
agreement, submission to the board for at least two years of	9601
annual written progress reports made under penalty of	9602
falsification stating whether the anesthesiologist assistant has	9603
maintained sobriety.	9604

(G) If the secretary and supervising member determine that	9605
there is clear and convincing evidence that an anesthesiologist	9606
assistant has violated division (B) of this section and that the	9607
individual's continued practice presents a danger of immediate and	9608
serious harm to the public, they may recommend that the board	9609
suspend the individual's certificate or registration without a	9610
prior hearing. Written allegations shall be prepared for	9611
consideration by the board.	9612

The board, on review of the allegations and by an affirmative	9613
vote of not fewer than six of its members, excluding the secretary	9614
and supervising member, may suspend a certificate without a prior	9615
hearing. A telephone conference call may be utilized for reviewing	9616
the allegations and taking the vote on the summary suspension.	9617

The board shall issue a written order of suspension by	9618
certified mail or in person in accordance with section 119.07 of	9619
the Revised Code. The order shall not be subject to suspension by	9620
the court during pendency of any appeal filed under section 119.12	9621
of the Revised Code. If the anesthesiologist assistant requests an	9622
adjudicatory hearing by the board, the date set for the hearing	9623
shall be within fifteen days, but not earlier than seven days,	9624
after the anesthesiologist assistant requests the hearing, unless	9625
otherwise agreed to by both the board and the certificate holder.	9626

A summary suspension imposed under this division shall remain	9627
in effect, unless reversed on appeal, until a final adjudicative	9628
order issued by the board pursuant to this section and Chapter	9629
119. of the Revised Code becomes effective. The board shall issue	9630
its final adjudicative order within sixty days after completion of	9631
its hearing. Failure to issue the order within sixty days shall	9632
result in dissolution of the summary suspension order, but shall	9633
not invalidate any subsequent, final adjudicative order.	9634

(H) If the board takes action under division (B)(11), (13),	9635
or (14) of this section, and the judicial finding of guilt, guilty	9636
plea, or judicial finding of eligibility for intervention in lieu	9637
of conviction is overturned on appeal, on exhaustion of the	9638
criminal appeal, a petition for reconsideration of the order may	9639
be filed with the board along with appropriate court documents. On	9640
receipt of a petition and supporting court documents, the board	9641
shall reinstate the certificate of registration. The board may	9642
then hold an adjudication under Chapter 119. of the Revised Code	9643
to determine whether the individual committed the act in question.	9644
Notice of opportunity for hearing shall be given in accordance	9645
with Chapter 119. of the Revised Code. If the board finds,	9646
pursuant to an adjudication held under this division, that the	9647
individual committed the act, or if no hearing is requested, it	9648
may order any of the sanctions specified in division (B) of this	9649
section.	9650

(I) The certificate of registration of an anesthesiologist	9651
assistant and the assistant's practice in this state are	9652
automatically suspended as of the date the anesthesiologist	9653
assistant pleads guilty to, is found by a judge or jury to be	9654
guilty of, or is subject to a judicial finding of eligibility for	9655
intervention in lieu of conviction in this state or treatment of	9656
intervention in lieu of conviction in another jurisdiction for any	9657
of the following criminal offenses in this state or a	9658
substantially equivalent criminal offense in another jurisdiction:	9659
aggravated murder, murder, voluntary manslaughter, felonious	9660
assault, kidnapping, rape, aggravated rape, aggravated rape of a	9661
child, sexual battery, aggravated sexual battery, aggravated	9662
sexual battery of a child, gross sexual imposition, aggravated	9663
arson, aggravated robbery, or aggravated burglary. Continued	9664
practice after the suspension shall be considered practicing	9665
without a certificate.	9666

The board shall notify the individual subject to the	9667
suspension by certified mail or in person in accordance with	9668
section 119.07 of the Revised Code. If an individual whose	9669
certificate is suspended under this division fails to make a	9670
timely request for an adjudication under Chapter 119. of the	9671
Revised Code, the board shall enter a final order permanently	9672
revoking the individual's certificate of registration.	9673

(J) In any instance in which the board is required by Chapter	9674
119. of the Revised Code to give notice of opportunity for hearing	9675
and the individual subject to the notice does not timely request a	9676
hearing in accordance with section 119.07 of the Revised Code, the	9677
board is not required to hold a hearing, but may adopt, by an	9678
affirmative vote of not fewer than six of its members, a final	9679
order that contains the board's findings. In the final order, the	9680
board may order any of the sanctions identified under division (A)	9681
or (B) of this section.	9682

(K) Any action taken by the board under division (B) of this	9683
section resulting in a suspension shall be accompanied by a	9684
written statement of the conditions under which the	9685
anesthesiologist assistant's certificate may be reinstated. The	9686
board shall adopt rules in accordance with Chapter 119. of the	9687
Revised Code governing conditions to be imposed for reinstatement.	9688
Reinstatement of a certificate suspended pursuant to division (B)	9689
of this section requires an affirmative vote of not fewer than six	9690
members of the board.	9691

(L) When the board refuses to grant a certificate of	9692
registration as an anesthesiologist assistant to an applicant,	9693
revokes an individual's certificate of registration, refuses to	9694
renew a certificate of registration, or refuses to reinstate an	9695
individual's certificate of registration, the board may specify	9696
that its action is permanent. An individual subject to a permanent	9697
action taken by the board is forever thereafter ineligible to hold	9698
a certificate of registration as an anesthesiologist assistant and	9699
the board shall not accept an application for reinstatement of the	9700
certificate or for issuance of a new certificate.	9701

(M) Notwithstanding any other provision of the Revised Code,	9702
all of the following apply:	9703

(1) The surrender of a certificate of registration issued	9704
under this chapter is not effective unless or until accepted by	9705
the board. Reinstatement of a certificate surrendered to the board	9706
requires an affirmative vote of not fewer than six members of the	9707
board.	9708

(2) An application made under this chapter for a certificate	9709
of registration may not be withdrawn without approval of the	9710
board.	9711

(3) Failure by an individual to renew a certificate of	9712
registration in accordance with section 4760.06 of the Revised	9713
Code shall not remove or limit the board's jurisdiction to take	9714
disciplinary action under this section against the individual.	9715

Sec. 4762.13. (A) The state medical board, by an affirmative	9716
vote of not fewer than six members, may revoke or may refuse to	9717
grant a certificate to practice as an oriental medicine	9718
practitioner or certificate to practice as an acupuncturist to a	9719
person found by the board to have committed fraud,	9720
misrepresentation, or deception in applying for or securing the	9721
certificate.	9722

(B) The board, by an affirmative vote of not fewer than six	9723
members, shall, to the extent permitted by law, limit, revoke, or	9724
suspend an individual's certificate to practice, refuse to issue a	9725
certificate to an applicant, refuse to reinstate a certificate, or	9726
reprimand or place on probation the holder of a certificate for	9727
any of the following reasons:	9728

(1) Permitting the holder's name or certificate to be used by	9729
another person;	9730

(2) Failure to comply with the requirements of this chapter,	9731
Chapter 4731. of the Revised Code, or any rules adopted by the	9732
board;	9733

(3) Violating or attempting to violate, directly or	9734
indirectly, or assisting in or abetting the violation of, or	9735
conspiring to violate, any provision of this chapter, Chapter	9736
4731. of the Revised Code, or the rules adopted by the board;	9737

(4) A departure from, or failure to conform to, minimal	9738
standards of care of similar practitioners under the same or	9739
similar circumstances whether or not actual injury to the patient	9740
is established;	9741

(5) Inability to practice according to acceptable and	9742
prevailing standards of care by reason of mental illness or	9743
physical illness, including physical deterioration that adversely	9744
affects cognitive, motor, or perceptive skills;	9745

(6) Impairment of ability to practice according to acceptable	9746
and prevailing standards of care because of habitual or excessive	9747
use or abuse of drugs, alcohol, or other substances that impair	9748
ability to practice;	9749

(7) Willfully betraying a professional confidence;

9750

(8) Making a false, fraudulent, deceptive, or misleading	9751
statement in soliciting or advertising for patients or in securing	9752
or attempting to secure a certificate to practice as an oriental	9753
medicine practitioner or certificate to practice as an	9754
acupuncturist.	9755

As used in this division, "false, fraudulent, deceptive, or	9756
misleading statement" means a statement that includes a	9757
misrepresentation of fact, is likely to mislead or deceive because	9758
of a failure to disclose material facts, is intended or is likely	9759
to create false or unjustified expectations of favorable results,	9760
or includes representations or implications that in reasonable	9761
probability will cause an ordinarily prudent person to	9762
misunderstand or be deceived.	9763

(9) Representing, with the purpose of obtaining compensation	9764
or other advantage personally or for any other person, that an	9765
incurable disease or injury, or other incurable condition, can be	9766
permanently cured;	9767

(10) The obtaining of, or attempting to obtain, money or a	9768
thing of value by fraudulent misrepresentations in the course of	9769
practice;	9770

(11) A plea of guilty to, a judicial finding of guilt of, or	9771
a judicial finding of eligibility for intervention in lieu of	9772
conviction for, a felony;	9773

(12) Commission of an act that constitutes a felony in this	9774
state, regardless of the jurisdiction in which the act was	9775
committed;	9776

(13) A plea of guilty to, a judicial finding of guilt of, or	9777
a judicial finding of eligibility for intervention in lieu of	9778
conviction for, a misdemeanor committed in the course of practice;	9779

(14) A plea of guilty to, a judicial finding of guilt of, or	9780
a judicial finding of eligibility for intervention in lieu of	9781
conviction for, a misdemeanor involving moral turpitude;	9782

(15) Commission of an act in the course of practice that	9783
constitutes a misdemeanor in this state, regardless of the	9784
jurisdiction in which the act was committed;	9785

(16) Commission of an act involving moral turpitude that	9786
constitutes a misdemeanor in this state, regardless of the	9787
jurisdiction in which the act was committed;	9788

(17) A plea of guilty to, a judicial finding of guilt of, or	9789
a judicial finding of eligibility for intervention in lieu of	9790
conviction for violating any state or federal law regulating the	9791
possession, distribution, or use of any drug, including	9792
trafficking in drugs;	9793

(18) Any of the following actions taken by the state agency	9794
responsible for regulating the practice of oriental medicine or	9795
acupuncture in another jurisdiction, for any reason other than the	9796
nonpayment of fees: the limitation, revocation, or suspension of	9797
an individual's license to practice; acceptance of an individual's	9798
license surrender; denial of a license; refusal to renew or	9799
reinstate a license; imposition of probation; or issuance of an	9800
order of censure or other reprimand;	9801

(19) Violation of the conditions placed by the board on a	9802
certificate to practice as an oriental medicine practitioner or	9803
certificate to practice as an acupuncturist;	9804

(20) Failure to use universal blood and body fluid	9805
precautions established by rules adopted under section 4731.051 of	9806
the Revised Code;	9807

(21) Failure to cooperate in an investigation conducted by	9808
the board under section 4762.14 of the Revised Code, including	9809
failure to comply with a subpoena or order issued by the board or	9810
failure to answer truthfully a question presented by the board at	9811
a deposition or in written interrogatories, except that failure to	9812
cooperate with an investigation shall not constitute grounds for	9813
discipline under this section if a court of competent jurisdiction	9814
has issued an order that either quashes a subpoena or permits the	9815
individual to withhold the testimony or evidence in issue;	9816

(22) Failure to comply with the standards of the national	9817
certification commission for acupuncture and oriental medicine	9818
regarding professional ethics, commitment to patients, commitment	9819
to the profession, and commitment to the public;	9820

(23) Failure to have adequate professional liability	9821
insurance coverage in accordance with section 4762.22 of the	9822
Revised Code;	9823

(24) Failure to maintain a current and active designation as	9824
a diplomate in oriental medicine, diplomate of acupuncture and	9825
Chinese herbology, or diplomate in acupuncture, as applicable,	9826
from the national certification commission for acupuncture and	9827
oriental medicine, including revocation by the commission of the	9828
individual's designation, failure by the individual to meet the	9829
commission's requirements for redesignation, or failure to notify	9830
the board that the appropriate designation has not been	9831
maintained.	9832

(C) Disciplinary actions taken by the board under divisions	9833
(A) and (B) of this section shall be taken pursuant to an	9834
adjudication under Chapter 119. of the Revised Code, except that	9835
in lieu of an adjudication, the board may enter into a consent	9836
agreement with an oriental medicine practitioner or acupuncturist	9837
or applicant to resolve an allegation of a violation of this	9838
chapter or any rule adopted under it. A consent agreement, when	9839
ratified by an affirmative vote of not fewer than six members of	9840
the board, shall constitute the findings and order of the board	9841
with respect to the matter addressed in the agreement. If the	9842
board refuses to ratify a consent agreement, the admissions and	9843
findings contained in the consent agreement shall be of no force	9844
or effect.	9845

(D) For purposes of divisions (B)(12), (15), and (16) of this	9846
section, the commission of the act may be established by a finding	9847
by the board, pursuant to an adjudication under Chapter 119. of	9848
the Revised Code, that the applicant or certificate holder	9849
committed the act in question. The board shall have no	9850
jurisdiction under these divisions in cases where the trial court	9851
renders a final judgment in the certificate holder's favor and	9852
that judgment is based upon an adjudication on the merits. The	9853
board shall have jurisdiction under these divisions in cases where	9854
the trial court issues an order of dismissal upon technical or	9855
procedural grounds.	9856

(E) The sealing of conviction records by any court shall have	9857
no effect upon a prior board order entered under the provisions of	9858
this section or upon the board's jurisdiction to take action under	9859
the provisions of this section if, based upon a plea of guilty, a	9860
judicial finding of guilt, or a judicial finding of eligibility	9861
for intervention in lieu of conviction, the board issued a notice	9862
of opportunity for a hearing or entered into a consent agreement	9863
prior to the court's order to seal the records. The board shall	9864
not be required to seal, destroy, redact, or otherwise modify its	9865
records to reflect the court's sealing of conviction records.	9866

(F) For purposes of this division, any individual who holds a	9867
certificate to practice issued under this chapter, or applies for	9868
a certificate to practice, shall be deemed to have given consent	9869
to submit to a mental or physical examination when directed to do	9870
so in writing by the board and to have waived all objections to	9871
the admissibility of testimony or examination reports that	9872
constitute a privileged communication.	9873

(1) In enforcing division (B)(5) of this section, the board,	9874
upon a showing of a possible violation, may compel any individual	9875
who holds a certificate to practice issued under this chapter or	9876
who has applied for a certificate pursuant to this chapter to	9877
submit to a mental examination, physical examination, including an	9878
HIV test, or both a mental and physical examination. The expense	9879
of the examination is the responsibility of the individual	9880
compelled to be examined. Failure to submit to a mental or	9881
physical examination or consent to an HIV test ordered by the	9882
board constitutes an admission of the allegations against the	9883
individual unless the failure is due to circumstances beyond the	9884
individual's control, and a default and final order may be entered	9885
without the taking of testimony or presentation of evidence. If	9886
the board finds an oriental medicine practitioner or acupuncturist	9887
unable to practice because of the reasons set forth in division	9888
(B)(5) of this section, the board shall require the individual to	9889
submit to care, counseling, or treatment by physicians approved or	9890
designated by the board, as a condition for an initial, continued,	9891
reinstated, or renewed certificate to practice. An individual	9892
affected by this division shall be afforded an opportunity to	9893
demonstrate to the board the ability to resume practicing in	9894
compliance with acceptable and prevailing standards of care.	9895

(2) For purposes of division (B)(6) of this section, if the	9896
board has reason to believe that any individual who holds a	9897
certificate to practice issued under this chapter or any applicant	9898
for a certificate suffers such impairment, the board may compel	9899
the individual to submit to a mental or physical examination, or	9900
both. The expense of the examination is the responsibility of the	9901
individual compelled to be examined. Any mental or physical	9902
examination required under this division shall be undertaken by a	9903
treatment provider or physician qualified to conduct such	9904
examination and chosen by the board.	9905

Failure to submit to a mental or physical examination ordered	9906
by the board constitutes an admission of the allegations against	9907
the individual unless the failure is due to circumstances beyond	9908
the individual's control, and a default and final order may be	9909
entered without the taking of testimony or presentation of	9910
evidence. If the board determines that the individual's ability to	9911
practice is impaired, the board shall suspend the individual's	9912
certificate or deny the individual's application and shall require	9913
the individual, as a condition for an initial, continued,	9914
reinstated, or renewed certificate, to submit to treatment.	9915

Before being eligible to apply for reinstatement of a	9916
certificate suspended under this division, the oriental medicine	9917
practitioner or acupuncturist shall demonstrate to the board the	9918
ability to resume practice in compliance with acceptable and	9919
prevailing standards of care. The demonstration shall include the	9920
following:	9921

(a) Certification from a treatment provider approved under	9922
section 4731.25 of the Revised Code that the individual has	9923
successfully completed any required inpatient treatment;	9924

(b) Evidence of continuing full compliance with an aftercare	9925
contract or consent agreement;	9926

(c) Two written reports indicating that the individual's	9927
ability to practice has been assessed and that the individual has	9928
been found capable of practicing according to acceptable and	9929
prevailing standards of care. The reports shall be made by	9930
individuals or providers approved by the board for making such	9931
assessments and shall describe the basis for their determination.	9932

The board may reinstate a certificate suspended under this	9933
division after such demonstration and after the individual has	9934
entered into a written consent agreement.	9935

When the impaired individual resumes practice, the board	9936
shall require continued monitoring of the individual. The	9937
monitoring shall include monitoring of compliance with the written	9938
consent agreement entered into before reinstatement or with	9939
conditions imposed by board order after a hearing, and, upon	9940
termination of the consent agreement, submission to the board for	9941
at least two years of annual written progress reports made under	9942
penalty of falsification stating whether the individual has	9943
maintained sobriety.	9944

(G) If the secretary and supervising member determine both of	9945
the following, they may recommend that the board suspend an	9946
individual's certificate to practice without a prior hearing:	9947

(1) That there is clear and convincing evidence that an	9948
oriental medicine practitioner or acupuncturist has violated	9949
division (B) of this section;	9950

(2) That the individual's continued practice presents a	9951
danger of immediate and serious harm to the public.	9952

Written allegations shall be prepared for consideration by	9953
the board. The board, upon review of the allegations and by an	9954
affirmative vote of not fewer than six of its members, excluding	9955
the secretary and supervising member, may suspend a certificate	9956
without a prior hearing. A telephone conference call may be	9957
utilized for reviewing the allegations and taking the vote on the	9958
summary suspension.	9959

The board shall issue a written order of suspension by	9960
certified mail or in person in accordance with section 119.07 of	9961
the Revised Code. The order shall not be subject to suspension by	9962
the court during pendency of any appeal filed under section 119.12	9963
of the Revised Code. If the oriental medicine practitioner or	9964
acupuncturist requests an adjudicatory hearing by the board, the	9965
date set for the hearing shall be within fifteen days, but not	9966
earlier than seven days, after the hearing is requested, unless	9967
otherwise agreed to by both the board and the certificate holder.	9968

A summary suspension imposed under this division shall remain	9969
in effect, unless reversed on appeal, until a final adjudicative	9970
order issued by the board pursuant to this section and Chapter	9971
119. of the Revised Code becomes effective. The board shall issue	9972
its final adjudicative order within sixty days after completion of	9973
its hearing. Failure to issue the order within sixty days shall	9974
result in dissolution of the summary suspension order, but shall	9975
not invalidate any subsequent, final adjudicative order.	9976

(H) If the board takes action under division (B)(11), (13),	9977
or (14) of this section, and the judicial finding of guilt, guilty	9978
plea, or judicial finding of eligibility for intervention in lieu	9979
of conviction is overturned on appeal, upon exhaustion of the	9980
criminal appeal, a petition for reconsideration of the order may	9981
be filed with the board along with appropriate court documents.	9982
Upon receipt of a petition and supporting court documents, the	9983
board shall reinstate the certificate to practice. The board may	9984
then hold an adjudication under Chapter 119. of the Revised Code	9985
to determine whether the individual committed the act in question.	9986
Notice of opportunity for hearing shall be given in accordance	9987
with Chapter 119. of the Revised Code. If the board finds,	9988
pursuant to an adjudication held under this division, that the	9989
individual committed the act, or if no hearing is requested, it	9990
may order any of the sanctions specified in division (B) of this	9991
section.	9992

(I) The certificate to practice of an oriental medicine	9993
practitioner or acupuncturist and the practitioner's or	9994
acupuncturist's practice in this state are automatically suspended	9995
as of the date the practitioner or acupuncturist pleads guilty to,	9996
is found by a judge or jury to be guilty of, or is subject to a	9997
judicial finding of eligibility for intervention in lieu of	9998
conviction in this state or treatment or intervention in lieu of	9999
conviction in another jurisdiction for any of the following	10000
criminal offenses in this state or a substantially equivalent	10001
criminal offense in another jurisdiction: aggravated murder,	10002
murder, voluntary manslaughter, felonious assault, kidnapping,	10003
rape, aggravated rape, aggravated rape of a child, sexual battery,	10004
aggravated sexual battery, aggravated sexual battery of a child,	10005
gross sexual imposition, aggravated arson, aggravated robbery, or	10006
aggravated burglary. Continued practice after the suspension shall	10007
be considered practicing without a certificate.	10008

The board shall notify the individual subject to the	10009
suspension by certified mail or in person in accordance with	10010
section 119.07 of the Revised Code. If an individual whose	10011
certificate is suspended under this division fails to make a	10012
timely request for an adjudication under Chapter 119. of the	10013
Revised Code, the board shall enter a final order permanently	10014
revoking the individual's certificate to practice.	10015

(J) In any instance in which the board is required by Chapter	10016
119. of the Revised Code to give notice of opportunity for hearing	10017
and the individual subject to the notice does not timely request a	10018
hearing in accordance with section 119.07 of the Revised Code, the	10019
board is not required to hold a hearing, but may adopt, by an	10020
affirmative vote of not fewer than six of its members, a final	10021
order that contains the board's findings. In the final order, the	10022
board may order any of the sanctions identified under division (A)	10023
or (B) of this section.	10024

(K) Any action taken by the board under division (B) of this	10025
section resulting in a suspension shall be accompanied by a	10026
written statement of the conditions under which the certificate to	10027
practice may be reinstated. The board shall adopt rules in	10028
accordance with Chapter 119. of the Revised Code governing	10029
conditions to be imposed for reinstatement. Reinstatement of a	10030
certificate suspended pursuant to division (B) of this section	10031
requires an affirmative vote of not fewer than six members of the	10032
board.	10033

(L) When the board refuses to grant a certificate to practice	10034
to an applicant, revokes an individual's certificate, refuses to	10035
renew a certificate, or refuses to reinstate an individual's	10036
certificate, the board may specify that its action is permanent.	10037
An individual subject to a permanent action taken by the board is	10038
forever thereafter ineligible to hold a certificate to practice as	10039
an oriental medicine practitioner or certificate to practice as an	10040
acupuncturist and the board shall not accept an application for	10041
reinstatement of the certificate or for issuance of a new	10042
certificate.	10043

(M) Notwithstanding any other provision of the Revised Code,	10044
all of the following apply:	10045

(1) The surrender of a certificate to practice as an oriental	10046
medicine practitioner or certificate to practice as an	10047
acupuncturist issued under this chapter is not effective unless or	10048
until accepted by the board. Reinstatement of a certificate	10049
surrendered to the board requires an affirmative vote of not fewer	10050
than six members of the board.	10051

(2) An application made under this chapter for a certificate	10052
may not be withdrawn without approval of the board.	10053

(3) Failure by an individual to renew a certificate in	10054
accordance with section 4762.06 of the Revised Code shall not	10055
remove or limit the board's jurisdiction to take disciplinary	10056
action under this section against the individual.	10057

Sec. 4765.114. (A) A certificate to practice emergency	10058
medical services issued under this chapter is automatically	10059
suspended on the certificate holder's conviction of, plea of	10060
guilty to, or judicial finding of guilt of any of the following:	10061
aggravated murder, murder, voluntary manslaughter, felonious	10062
assault, kidnapping, rape, aggravated rape, aggravated rape of a	10063
child, sexual battery, aggravated sexual battery, aggravated	10064
sexual battery of a child, gross sexual imposition, aggravated	10065
arson, aggravated burglary, aggravated robbery, or a substantially	10066
equivalent offense committed in this or another jurisdiction.	10067
Continued practice after the suspension is practicing without a	10068
certificate.	10069

(B) If the state board of emergency medical, fire, and	10070
transportation services has knowledge that an automatic suspension	10071
has occurred, it shall notify, in accordance with section 119.07	10072
of the Revised Code, the certificate holder of the suspension and	10073
of the opportunity for a hearing. If timely requested by the	10074
certificate holder, a hearing shall be conducted in accordance	10075
with section 4765.115 of the Revised Code.	10076

Sec. 4774.13. (A) The state medical board, by an affirmative	10077
vote of not fewer than six members, may revoke or may refuse to	10078
grant a certificate to practice as a radiologist assistant to an	10079
individual found by the board to have committed fraud,	10080
misrepresentation, or deception in applying for or securing the	10081
certificate.	10082

(B) The board, by an affirmative vote of not fewer than six	10083
members, shall, to the extent permitted by law, limit, revoke, or	10084
suspend an individual's certificate to practice as a radiologist	10085
assistant, refuse to issue a certificate to an applicant, refuse	10086
to reinstate a certificate, or reprimand or place on probation the	10087
holder of a certificate for any of the following reasons:	10088

(1) Permitting the holder's name or certificate to be used by	10089
another person;	10090

(2) Failure to comply with the requirements of this chapter,	10091
Chapter 4731. of the Revised Code, or any rules adopted by the	10092
board;	10093

(3) Violating or attempting to violate, directly or	10094
indirectly, or assisting in or abetting the violation of, or	10095
conspiring to violate, any provision of this chapter, Chapter	10096
4731. of the Revised Code, or the rules adopted by the board;	10097

(4) A departure from, or failure to conform to, minimal	10098
standards of care of similar practitioners under the same or	10099
similar circumstances whether or not actual injury to the patient	10100
is established;	10101

(5) Inability to practice according to acceptable and	10102
prevailing standards of care by reason of mental illness or	10103
physical illness, including physical deterioration that adversely	10104
affects cognitive, motor, or perceptive skills;	10105

(6) Impairment of ability to practice according to acceptable	10106
and prevailing standards of care because of habitual or excessive	10107
use or abuse of drugs, alcohol, or other substances that impair	10108
ability to practice;	10109

(7) Willfully betraying a professional confidence;

10110

(8) Making a false, fraudulent, deceptive, or misleading	10111
statement in securing or attempting to secure a certificate to	10112
practice as a radiologist assistant.	10113

As used in this division, "false, fraudulent, deceptive, or	10114
misleading statement" means a statement that includes a	10115
misrepresentation of fact, is likely to mislead or deceive because	10116
of a failure to disclose material facts, is intended or is likely	10117
to create false or unjustified expectations of favorable results,	10118
or includes representations or implications that in reasonable	10119
probability will cause an ordinarily prudent person to	10120
misunderstand or be deceived.	10121

(9) The obtaining of, or attempting to obtain, money or a	10122
thing of value by fraudulent misrepresentations in the course of	10123
practice;	10124

(10) A plea of guilty to, a judicial finding of guilt of, or	10125
a judicial finding of eligibility for intervention in lieu of	10126
conviction for, a felony;	10127

(11) Commission of an act that constitutes a felony in this	10128
state, regardless of the jurisdiction in which the act was	10129
committed;	10130

(12) A plea of guilty to, a judicial finding of guilt of, or	10131
a judicial finding of eligibility for intervention in lieu of	10132
conviction for, a misdemeanor committed in the course of practice;	10133

(13) A plea of guilty to, a judicial finding of guilt of, or	10134
a judicial finding of eligibility for intervention in lieu of	10135
conviction for, a misdemeanor involving moral turpitude;	10136

(14) Commission of an act in the course of practice that	10137
constitutes a misdemeanor in this state, regardless of the	10138
jurisdiction in which the act was committed;	10139

(15) Commission of an act involving moral turpitude that	10140
constitutes a misdemeanor in this state, regardless of the	10141
jurisdiction in which the act was committed;	10142

(16) A plea of guilty to, a judicial finding of guilt of, or	10143
a judicial finding of eligibility for intervention in lieu of	10144
conviction for violating any state or federal law regulating the	10145
possession, distribution, or use of any drug, including	10146
trafficking in drugs;	10147

(17) Any of the following actions taken by the state agency	10148
responsible for regulating the practice of radiologist assistants	10149
in another jurisdiction, for any reason other than the nonpayment	10150
of fees: the limitation, revocation, or suspension of an	10151
individual's license to practice; acceptance of an individual's	10152
license surrender; denial of a license; refusal to renew or	10153
reinstate a license; imposition of probation; or issuance of an	10154
order of censure or other reprimand;	10155

(18) Violation of the conditions placed by the board on a	10156
certificate to practice as a radiologist assistant;	10157

(19) Failure to use universal blood and body fluid	10158
precautions established by rules adopted under section 4731.051 of	10159
the Revised Code;	10160

(20) Failure to cooperate in an investigation conducted by	10161
the board under section 4774.14 of the Revised Code, including	10162
failure to comply with a subpoena or order issued by the board or	10163
failure to answer truthfully a question presented by the board at	10164
a deposition or in written interrogatories, except that failure to	10165
cooperate with an investigation shall not constitute grounds for	10166
discipline under this section if a court of competent jurisdiction	10167
has issued an order that either quashes a subpoena or permits the	10168
individual to withhold the testimony or evidence in issue;	10169

(21) Failure to maintain a license as a radiographer under	10170
Chapter 4773. of the Revised Code;	10171

(22) Failure to maintain certification as a registered	10172
radiologist assistant from the American registry of radiologic	10173
technologists, including revocation by the registry of the	10174
assistant's certification or failure by the assistant to meet the	10175
registry's requirements for annual registration, or failure to	10176
notify the board that the certification as a registered	10177
radiologist assistant has not been maintained;	10178

(23) Failure to comply with any of the rules of ethics	10179
included in the standards of ethics established by the American	10180
registry of radiologic technologists, as those rules apply to an	10181
individual who holds the registry's certification as a registered	10182
radiologist assistant.	10183

(C) Disciplinary actions taken by the board under divisions	10184
(A) and (B) of this section shall be taken pursuant to an	10185
adjudication under Chapter 119. of the Revised Code, except that	10186
in lieu of an adjudication, the board may enter into a consent	10187
agreement with a radiologist assistant or applicant to resolve an	10188
allegation of a violation of this chapter or any rule adopted	10189
under it. A consent agreement, when ratified by an affirmative	10190
vote of not fewer than six members of the board, shall constitute	10191
the findings and order of the board with respect to the matter	10192
addressed in the agreement. If the board refuses to ratify a	10193
consent agreement, the admissions and findings contained in the	10194
consent agreement shall be of no force or effect.	10195

(D) For purposes of divisions (B)(11), (14), and (15) of this	10196
section, the commission of the act may be established by a finding	10197
by the board, pursuant to an adjudication under Chapter 119. of	10198
the Revised Code, that the applicant or certificate holder	10199
committed the act in question. The board shall have no	10200
jurisdiction under these divisions in cases where the trial court	10201
renders a final judgment in the certificate holder's favor and	10202
that judgment is based upon an adjudication on the merits. The	10203
board shall have jurisdiction under these divisions in cases where	10204
the trial court issues an order of dismissal on technical or	10205
procedural grounds.	10206

(E) The sealing of conviction records by any court shall have	10207
no effect on a prior board order entered under the provisions of	10208
this section or on the board's jurisdiction to take action under	10209
the provisions of this section if, based upon a plea of guilty, a	10210
judicial finding of guilt, or a judicial finding of eligibility	10211
for intervention in lieu of conviction, the board issued a notice	10212
of opportunity for a hearing prior to the court's order to seal	10213
the records. The board shall not be required to seal, destroy,	10214
redact, or otherwise modify its records to reflect the court's	10215
sealing of conviction records.	10216

(F) For purposes of this division, any individual who holds a	10217
certificate to practice as a radiologist assistant issued under	10218
this chapter, or applies for a certificate to practice, shall be	10219
deemed to have given consent to submit to a mental or physical	10220
examination when directed to do so in writing by the board and to	10221
have waived all objections to the admissibility of testimony or	10222
examination reports that constitute a privileged communication.	10223

(1) In enforcing division (B)(5) of this section, the board,	10224
on a showing of a possible violation, may compel any individual	10225
who holds a certificate to practice as a radiologist assistant	10226
issued under this chapter or who has applied for a certificate to	10227
practice to submit to a mental or physical examination, or both. A	10228
physical examination may include an HIV test. The expense of the	10229
examination is the responsibility of the individual compelled to	10230
be examined. Failure to submit to a mental or physical examination	10231
or consent to an HIV test ordered by the board constitutes an	10232
admission of the allegations against the individual unless the	10233
failure is due to circumstances beyond the individual's control,	10234
and a default and final order may be entered without the taking of	10235
testimony or presentation of evidence. If the board finds a	10236
radiologist assistant unable to practice because of the reasons	10237
set forth in division (B)(5) of this section, the board shall	10238
require the radiologist assistant to submit to care, counseling,	10239
or treatment by physicians approved or designated by the board, as	10240
a condition for an initial, continued, reinstated, or renewed	10241
certificate to practice. An individual affected by this division	10242
shall be afforded an opportunity to demonstrate to the board the	10243
ability to resume practicing in compliance with acceptable and	10244
prevailing standards of care.	10245

(2) For purposes of division (B)(6) of this section, if the	10246
board has reason to believe that any individual who holds a	10247
certificate to practice as a radiologist assistant issued under	10248
this chapter or any applicant for a certificate to practice	10249
suffers such impairment, the board may compel the individual to	10250
submit to a mental or physical examination, or both. The expense	10251
of the examination is the responsibility of the individual	10252
compelled to be examined. Any mental or physical examination	10253
required under this division shall be undertaken by a treatment	10254
provider or physician qualified to conduct such examination and	10255
chosen by the board.	10256

Failure to submit to a mental or physical examination ordered	10257
by the board constitutes an admission of the allegations against	10258
the individual unless the failure is due to circumstances beyond	10259
the individual's control, and a default and final order may be	10260
entered without the taking of testimony or presentation of	10261
evidence. If the board determines that the individual's ability to	10262
practice is impaired, the board shall suspend the individual's	10263
certificate or deny the individual's application and shall require	10264
the individual, as a condition for an initial, continued,	10265
reinstated, or renewed certificate to practice, to submit to	10266
treatment.	10267

Before being eligible to apply for reinstatement of a	10268
certificate suspended under this division, the radiologist	10269
assistant shall demonstrate to the board the ability to resume	10270
practice in compliance with acceptable and prevailing standards of	10271
care. The demonstration shall include the following:	10272

(a) Certification from a treatment provider approved under	10273
section 4731.25 of the Revised Code that the individual has	10274
successfully completed any required inpatient treatment;	10275

(b) Evidence of continuing full compliance with an aftercare	10276
contract or consent agreement;	10277

(c) Two written reports indicating that the individual's	10278
ability to practice has been assessed and that the individual has	10279
been found capable of practicing according to acceptable and	10280
prevailing standards of care. The reports shall be made by	10281
individuals or providers approved by the board for making such	10282
assessments and shall describe the basis for their determination.	10283

The board may reinstate a certificate suspended under this	10284
division after such demonstration and after the individual has	10285
entered into a written consent agreement.	10286

When the impaired radiologist assistant resumes practice, the	10287
board shall require continued monitoring of the radiologist	10288
assistant. The monitoring shall include monitoring of compliance	10289
with the written consent agreement entered into before	10290
reinstatement or with conditions imposed by board order after a	10291
hearing, and, on termination of the consent agreement, submission	10292
to the board for at least two years of annual written progress	10293
reports made under penalty of falsification stating whether the	10294
radiologist assistant has maintained sobriety.	10295

(G) If the secretary and supervising member determine that	10296
there is clear and convincing evidence that a radiologist	10297
assistant has violated division (B) of this section and that the	10298
individual's continued practice presents a danger of immediate and	10299
serious harm to the public, they may recommend that the board	10300
suspend the individual's certificate to practice without a prior	10301
hearing. Written allegations shall be prepared for consideration	10302
by the board.	10303

The board, on review of the allegations and by an affirmative	10304
vote of not fewer than six of its members, excluding the secretary	10305
and supervising member, may suspend a certificate without a prior	10306
hearing. A telephone conference call may be utilized for reviewing	10307
the allegations and taking the vote on the summary suspension.	10308

The board shall issue a written order of suspension by	10309
certified mail or in person in accordance with section 119.07 of	10310
the Revised Code. The order shall not be subject to suspension by	10311
the court during pendency of any appeal filed under section 119.12	10312
of the Revised Code. If the radiologist assistant requests an	10313
adjudicatory hearing by the board, the date set for the hearing	10314
shall be within fifteen days, but not earlier than seven days,	10315
after the radiologist assistant requests the hearing, unless	10316
otherwise agreed to by both the board and the certificate holder.	10317

A summary suspension imposed under this division shall remain	10318
in effect, unless reversed on appeal, until a final adjudicative	10319
order issued by the board pursuant to this section and Chapter	10320
119. of the Revised Code becomes effective. The board shall issue	10321
its final adjudicative order within sixty days after completion of	10322
its hearing. Failure to issue the order within sixty days shall	10323
result in dissolution of the summary suspension order, but shall	10324
not invalidate any subsequent, final adjudicative order.	10325

(H) If the board takes action under division (B)(10), (12),	10326
or (13) of this section, and the judicial finding of guilt, guilty	10327
plea, or judicial finding of eligibility for intervention in lieu	10328
of conviction is overturned on appeal, on exhaustion of the	10329
criminal appeal, a petition for reconsideration of the order may	10330
be filed with the board along with appropriate court documents. On	10331
receipt of a petition and supporting court documents, the board	10332
shall reinstate the certificate to practice as a radiologist	10333
assistant. The board may then hold an adjudication under Chapter	10334
119. of the Revised Code to determine whether the individual	10335
committed the act in question. Notice of opportunity for hearing	10336
shall be given in accordance with Chapter 119. of the Revised	10337
Code. If the board finds, pursuant to an adjudication held under	10338
this division, that the individual committed the act, or if no	10339
hearing is requested, it may order any of the sanctions specified	10340
in division (B) of this section.	10341

(I) The certificate to practice of a radiologist assistant	10342
and the assistant's practice in this state are automatically	10343
suspended as of the date the radiologist assistant pleads guilty	10344
to, is found by a judge or jury to be guilty of, or is subject to	10345
a judicial finding of eligibility for intervention in lieu of	10346
conviction in this state or treatment of intervention in lieu of	10347
conviction in another jurisdiction for any of the following	10348
criminal offenses in this state or a substantially equivalent	10349
criminal offense in another jurisdiction: aggravated murder,	10350
murder, voluntary manslaughter, felonious assault, kidnapping,	10351
rape, aggravated rape, aggravated rape of a child, sexual battery,	10352
aggravated sexual battery, aggravated sexual battery of a child,	10353
gross sexual imposition, aggravated arson, aggravated robbery, or	10354
aggravated burglary. Continued practice after the suspension shall	10355
be considered practicing without a certificate.	10356

The board shall notify the individual subject to the	10357
suspension by certified mail or in person in accordance with	10358
section 119.07 of the Revised Code. If an individual whose	10359
certificate is suspended under this division fails to make a	10360
timely request for an adjudication under Chapter 119. of the	10361
Revised Code, the board shall enter a final order permanently	10362
revoking the individual's certificate to practice.	10363

(J) In any instance in which the board is required by Chapter	10364
119. of the Revised Code to give notice of opportunity for hearing	10365
and the individual subject to the notice does not timely request a	10366
hearing in accordance with section 119.07 of the Revised Code, the	10367
board is not required to hold a hearing, but may adopt, by an	10368
affirmative vote of not fewer than six of its members, a final	10369
order that contains the board's findings. In the final order, the	10370
board may order any of the sanctions identified under division (A)	10371
or (B) of this section.	10372

(K) Any action taken by the board under division (B) of this	10373
section resulting in a suspension shall be accompanied by a	10374
written statement of the conditions under which the radiologist	10375
assistant's certificate may be reinstated. The board shall adopt	10376
rules in accordance with Chapter 119. of the Revised Code	10377
governing conditions to be imposed for reinstatement.	10378
Reinstatement of a certificate suspended pursuant to division (B)	10379
of this section requires an affirmative vote of not fewer than six	10380
members of the board.	10381

(L) When the board refuses to grant a certificate to practice	10382
as a radiologist assistant to an applicant, revokes an	10383
individual's certificate, refuses to renew a certificate, or	10384
refuses to reinstate an individual's certificate, the board may	10385
specify that its action is permanent. An individual subject to a	10386
permanent action taken by the board is forever thereafter	10387
ineligible to hold a certificate to practice as a radiologist	10388
assistant and the board shall not accept an application for	10389
reinstatement of the certificate or for issuance of a new	10390
certificate.	10391

(M) Notwithstanding any other provision of the Revised Code,	10392
all of the following apply:	10393

(1) The surrender of a certificate to practice as a	10394
radiologist assistant issued under this chapter is not effective	10395
unless or until accepted by the board. Reinstatement of a	10396
certificate surrendered to the board requires an affirmative vote	10397
of not fewer than six members of the board.	10398

(2) An application made under this chapter for a certificate	10399
to practice may not be withdrawn without approval of the board.	10400

(3) Failure by an individual to renew a certificate to	10401
practice in accordance with section 4774.06 of the Revised Code	10402
shall not remove or limit the board's jurisdiction to take	10403
disciplinary action under this section against the individual.	10404

Sec. 4778.14. (A) The state medical board, by an affirmative	10405
vote of not fewer than six members, may revoke or may refuse to	10406
grant a license to practice as a genetic counselor to an	10407
individual found by the board to have committed fraud,	10408
misrepresentation, or deception in applying for or securing the	10409
license.	10410

(B) The board, by an affirmative vote of not fewer than six	10411
members, shall, to the extent permitted by law, limit, revoke, or	10412
suspend an individual's license to practice as a genetic	10413
counselor, refuse to issue a license to an applicant, refuse to	10414
reinstate a license, or reprimand or place on probation the holder	10415
of a license for any of the following reasons:	10416

(1) Permitting the holder's name or license to be used by	10417
another person;	10418

(2) Failure to comply with the requirements of this chapter,	10419
Chapter 4731. of the Revised Code, or any rules adopted by the	10420
board;	10421

(3) Violating or attempting to violate, directly or	10422
indirectly, or assisting in or abetting the violation of, or	10423
conspiring to violate, any provision of this chapter, Chapter	10424
4731. of the Revised Code, or the rules adopted by the board;	10425

(4) A departure from, or failure to conform to, minimal	10426
standards of care of similar practitioners under the same or	10427
similar circumstances whether or not actual injury to the patient	10428
is established;	10429

(5) Inability to practice according to acceptable and	10430
prevailing standards of care by reason of mental illness or	10431
physical illness, including physical deterioration that adversely	10432
affects cognitive, motor, or perceptive skills;	10433

(6) Impairment of ability to practice according to acceptable	10434
and prevailing standards of care because of habitual or excessive	10435
use or abuse of drugs, alcohol, or other substances that impair	10436
ability to practice;	10437

(7) Willfully betraying a professional confidence;

10438

(8) Making a false, fraudulent, deceptive, or misleading	10439
statement in securing or attempting to secure a license to	10440
practice as a genetic counselor.	10441

As used in this division, "false, fraudulent, deceptive, or	10442
misleading statement" means a statement that includes a	10443
misrepresentation of fact, is likely to mislead or deceive because	10444
of a failure to disclose material facts, is intended or is likely	10445
to create false or unjustified expectations of favorable results,	10446
or includes representations or implications that in reasonable	10447
probability will cause an ordinarily prudent person to	10448
misunderstand or be deceived.	10449

(9) The obtaining of, or attempting to obtain, money or a	10450
thing of value by fraudulent misrepresentations in the course of	10451
practice;	10452

(10) A plea of guilty to, a judicial finding of guilt of, or	10453
a judicial finding of eligibility for intervention in lieu of	10454
conviction for, a felony;	10455

(11) Commission of an act that constitutes a felony in this	10456
state, regardless of the jurisdiction in which the act was	10457
committed;	10458

(12) A plea of guilty to, a judicial finding of guilt of, or	10459
a judicial finding of eligibility for intervention in lieu of	10460
conviction for, a misdemeanor committed in the course of practice;	10461

(13) A plea of guilty to, a judicial finding of guilt of, or	10462
a judicial finding of eligibility for intervention in lieu of	10463
conviction for, a misdemeanor involving moral turpitude;	10464

(14) Commission of an act in the course of practice that	10465
constitutes a misdemeanor in this state, regardless of the	10466
jurisdiction in which the act was committed;	10467

(15) Commission of an act involving moral turpitude that	10468
constitutes a misdemeanor in this state, regardless of the	10469
jurisdiction in which the act was committed;	10470

(16) A plea of guilty to, a judicial finding of guilt of, or	10471
a judicial finding of eligibility for intervention in lieu of	10472
conviction for violating any state or federal law regulating the	10473
possession, distribution, or use of any drug, including	10474
trafficking in drugs;	10475

(17) Any of the following actions taken by an agency	10476
responsible for authorizing, certifying, or regulating an	10477
individual to practice a health care occupation or provide health	10478
care services in this state or in another jurisdiction, for any	10479
reason other than the nonpayment of fees: the limitation,	10480
revocation, or suspension of an individual's license to practice;	10481
acceptance of an individual's license surrender; denial of a	10482
license; refusal to renew or reinstate a license; imposition of	10483
probation; or issuance of an order of censure or other reprimand;	10484

(18) Violation of the conditions placed by the board on a	10485
license to practice as a genetic counselor;	10486

(19) Failure to cooperate in an investigation conducted by	10487
the board under section 4778.18 of the Revised Code, including	10488
failure to comply with a subpoena or order issued by the board or	10489
failure to answer truthfully a question presented by the board at	10490
a deposition or in written interrogatories, except that failure to	10491
cooperate with an investigation shall not constitute grounds for	10492
discipline under this section if a court of competent jurisdiction	10493
has issued an order that either quashes a subpoena or permits the	10494
individual to withhold the testimony or evidence in issue;	10495

(20) Failure to maintain the individual's status as a	10496
certified genetic counselor;	10497

(21) Failure to comply with the code of ethics established by	10498
the national society of genetic counselors.	10499

(C) Disciplinary actions taken by the board under divisions	10500
(A) and (B) of this section shall be taken pursuant to an	10501
adjudication under Chapter 119. of the Revised Code, except that	10502
in lieu of an adjudication, the board may enter into a consent	10503
agreement with a genetic counselor or applicant to resolve an	10504
allegation of a violation of this chapter or any rule adopted	10505
under it. A consent agreement, when ratified by an affirmative	10506
vote of not fewer than six members of the board, shall constitute	10507
the findings and order of the board with respect to the matter	10508
addressed in the agreement. If the board refuses to ratify a	10509
consent agreement, the admissions and findings contained in the	10510
consent agreement shall be of no force or effect.	10511

A telephone conference call may be utilized for ratification	10512
of a consent agreement that revokes or suspends an individual's	10513
license. The telephone conference call shall be considered a	10514
special meeting under division (F) of section 121.22 of the	10515
Revised Code.	10516

(D) For purposes of divisions (B)(11), (14), and (15) of this	10517
section, the commission of the act may be established by a finding	10518
by the board, pursuant to an adjudication under Chapter 119. of	10519
the Revised Code, that the applicant or license holder committed	10520
the act in question. The board shall have no jurisdiction under	10521
these divisions in cases where the trial court renders a final	10522
judgment in the license holder's favor and that judgment is based	10523
upon an adjudication on the merits. The board shall have	10524
jurisdiction under these divisions in cases where the trial court	10525
issues an order of dismissal on technical or procedural grounds.	10526

(E) The sealing of conviction records by any court shall have	10527
no effect on a prior board order entered under the provisions of	10528
this section or on the board's jurisdiction to take action under	10529
the provisions of this section if, based upon a plea of guilty, a	10530
judicial finding of guilt, or a judicial finding of eligibility	10531
for intervention in lieu of conviction, the board issued a notice	10532
of opportunity for a hearing or took other formal action under	10533
Chapter 119. of the Revised Code prior to the court's order to	10534
seal the records. The board shall not be required to seal,	10535
destroy, redact, or otherwise modify its records to reflect the	10536
court's sealing of conviction records.	10537

(F) For purposes of this division, any individual who holds a	10538
license to practice as a genetic counselor, or applies for a	10539
license, shall be deemed to have given consent to submit to a	10540
mental or physical examination when directed to do so in writing	10541
by the board and to have waived all objections to the	10542
admissibility of testimony or examination reports that constitute	10543
a privileged communication.	10544

(1) In enforcing division (B)(5) of this section, the board,	10545
on a showing of a possible violation, may compel any individual	10546
who holds a license to practice as a genetic counselor or who has	10547
applied for a license to practice as a genetic counselor to submit	10548
to a mental or physical examination, or both. A physical	10549
examination may include an HIV test. The expense of the	10550
examination is the responsibility of the individual compelled to	10551
be examined. Failure to submit to a mental or physical examination	10552
or consent to an HIV test ordered by the board constitutes an	10553
admission of the allegations against the individual unless the	10554
failure is due to circumstances beyond the individual's control,	10555
and a default and final order may be entered without the taking of	10556
testimony or presentation of evidence. If the board finds a	10557
genetic counselor unable to practice because of the reasons set	10558
forth in division (B)(5) of this section, the board shall require	10559
the genetic counselor to submit to care, counseling, or treatment	10560
by physicians approved or designated by the board, as a condition	10561
for an initial, continued, reinstated, or renewed license to	10562
practice. An individual affected by this division shall be	10563
afforded an opportunity to demonstrate to the board the ability to	10564
resume practicing in compliance with acceptable and prevailing	10565
standards of care.	10566

(2) For purposes of division (B)(6) of this section, if the	10567
board has reason to believe that any individual who holds a	10568
license to practice as a genetic counselor or any applicant for a	10569
license suffers such impairment, the board may compel the	10570
individual to submit to a mental or physical examination, or both.	10571
The expense of the examination is the responsibility of the	10572
individual compelled to be examined. Any mental or physical	10573
examination required under this division shall be undertaken by a	10574
treatment provider or physician qualified to conduct such	10575
examination and chosen by the board.	10576

Failure to submit to a mental or physical examination ordered	10577
by the board constitutes an admission of the allegations against	10578
the individual unless the failure is due to circumstances beyond	10579
the individual's control, and a default and final order may be	10580
entered without the taking of testimony or presentation of	10581
evidence. If the board determines that the individual's ability to	10582
practice is impaired, the board shall suspend the individual's	10583
license or deny the individual's application and shall require the	10584
individual, as a condition for an initial, continued, reinstated,	10585
or renewed license, to submit to treatment.	10586

Before being eligible to apply for reinstatement of a license	10587
suspended under this division, the genetic counselor shall	10588
demonstrate to the board the ability to resume practice in	10589
compliance with acceptable and prevailing standards of care. The	10590
demonstration shall include the following:	10591

(a) Certification from a treatment provider approved under	10592
section 4731.25 of the Revised Code that the individual has	10593
successfully completed any required inpatient treatment;	10594

(b) Evidence of continuing full compliance with an aftercare	10595
contract or consent agreement;	10596

(c) Two written reports indicating that the individual's	10597
ability to practice has been assessed and that the individual has	10598
been found capable of practicing according to acceptable and	10599
prevailing standards of care. The reports shall be made by	10600
individuals or providers approved by the board for making such	10601
assessments and shall describe the basis for their determination.	10602

The board may reinstate a license suspended under this	10603
division after such demonstration and after the individual has	10604
entered into a written consent agreement.	10605

When the impaired genetic counselor resumes practice, the	10606
board shall require continued monitoring of the genetic counselor.	10607
The monitoring shall include monitoring of compliance with the	10608
written consent agreement entered into before reinstatement or	10609
with conditions imposed by board order after a hearing, and, on	10610
termination of the consent agreement, submission to the board for	10611
at least two years of annual written progress reports made under	10612
penalty of falsification stating whether the genetic counselor has	10613
maintained sobriety.	10614

(G) If the secretary and supervising member determine both of	10615
the following, they may recommend that the board suspend an	10616
individual's license to practice without a prior hearing:	10617

(1) That there is clear and convincing evidence that a	10618
genetic counselor has violated division (B) of this section;	10619

(2) That the individual's continued practice presents a	10620
danger of immediate and serious harm to the public.	10621

Written allegations shall be prepared for consideration by	10622
the board. The board, on review of the allegations and by an	10623
affirmative vote of not fewer than six of its members, excluding	10624
the secretary and supervising member, may suspend a license	10625
without a prior hearing. A telephone conference call may be	10626
utilized for reviewing the allegations and taking the vote on the	10627
summary suspension.	10628

The board shall issue a written order of suspension by	10629
certified mail or in person in accordance with section 119.07 of	10630
the Revised Code. The order shall not be subject to suspension by	10631
the court during pendency of any appeal filed under section 119.12	10632
of the Revised Code. If the genetic counselor requests an	10633
adjudicatory hearing by the board, the date set for the hearing	10634
shall be within fifteen days, but not earlier than seven days,	10635
after the genetic counselor requests the hearing, unless otherwise	10636
agreed to by both the board and the genetic counselor.	10637

A summary suspension imposed under this division shall remain	10638
in effect, unless reversed on appeal, until a final adjudicative	10639
order issued by the board pursuant to this section and Chapter	10640
119. of the Revised Code becomes effective. The board shall issue	10641
its final adjudicative order within sixty days after completion of	10642
its hearing. Failure to issue the order within sixty days shall	10643
result in dissolution of the summary suspension order, but shall	10644
not invalidate any subsequent, final adjudicative order.	10645

(H) If the board takes action under division (B)(10), (12),	10646
or (13) of this section, and the judicial finding of guilt, guilty	10647
plea, or judicial finding of eligibility for intervention in lieu	10648
of conviction is overturned on appeal, on exhaustion of the	10649
criminal appeal, a petition for reconsideration of the order may	10650
be filed with the board along with appropriate court documents. On	10651
receipt of a petition and supporting court documents, the board	10652
shall reinstate the license to practice as a genetic counselor.	10653
The board may then hold an adjudication under Chapter 119. of the	10654
Revised Code to determine whether the individual committed the act	10655
in question. Notice of opportunity for hearing shall be given in	10656
accordance with Chapter 119. of the Revised Code. If the board	10657
finds, pursuant to an adjudication held under this division, that	10658
the individual committed the act, or if no hearing is requested,	10659
it may order any of the sanctions specified in division (B) of	10660
this section.	10661

(I) The license to practice as a genetic counselor and the	10662
counselor's practice in this state are automatically suspended as	10663
of the date the genetic counselor pleads guilty to, is found by a	10664
judge or jury to be guilty of, or is subject to a judicial finding	10665
of eligibility for intervention in lieu of conviction in this	10666
state or treatment of intervention in lieu of conviction in	10667
another jurisdiction for any of the following criminal offenses in	10668
this state or a substantially equivalent criminal offense in	10669
another jurisdiction: aggravated murder, murder, voluntary	10670
manslaughter, felonious assault, kidnapping, rape, aggravated	10671
rape, aggravated rape of a child, sexual battery, aggravated	10672
sexual battery, aggravated sexual battery of a child, gross sexual	10673
imposition, aggravated arson, aggravated robbery, or aggravated	10674
burglary. Continued practice after the suspension shall be	10675
considered practicing without a license.	10676

The board shall notify the individual subject to the	10677
suspension by certified mail or in person in accordance with	10678
section 119.07 of the Revised Code. If an individual whose license	10679
is suspended under this division fails to make a timely request	10680
for an adjudication under Chapter 119. of the Revised Code, the	10681
board shall enter a final order permanently revoking the	10682
individual's license to practice.	10683

(J) In any instance in which the board is required by Chapter	10684
119. of the Revised Code to give notice of opportunity for hearing	10685
and the individual subject to the notice does not timely request a	10686
hearing in accordance with section 119.07 of the Revised Code, the	10687
board is not required to hold a hearing, but may adopt, by an	10688
affirmative vote of not fewer than six of its members, a final	10689
order that contains the board's findings. In the final order, the	10690
board may order any of the sanctions identified under division (A)	10691
or (B) of this section.	10692

(K) Any action taken by the board under division (B) of this	10693
section resulting in a suspension shall be accompanied by a	10694
written statement of the conditions under which the license of the	10695
genetic counselor may be reinstated. The board shall adopt rules	10696
in accordance with Chapter 119. of the Revised Code governing	10697
conditions to be imposed for reinstatement. Reinstatement of a	10698
license suspended pursuant to division (B) of this section	10699
requires an affirmative vote of not fewer than six members of the	10700
board.	10701

(L) When the board refuses to grant a license to practice as	10702
a genetic counselor to an applicant, revokes an individual's	10703
license, refuses to renew a license, or refuses to reinstate an	10704
individual's license, the board may specify that its action is	10705
permanent. An individual subject to a permanent action taken by	10706
the board is forever thereafter ineligible to hold a license to	10707
practice as a genetic counselor and the board shall not accept an	10708
application for reinstatement of the license or for issuance of a	10709
new license.	10710

(M) Notwithstanding any other provision of the Revised Code,	10711
all of the following apply:	10712

(1) The surrender of a license to practice as a genetic	10713
counselor is not effective unless or until accepted by the board.	10714
A telephone conference call may be utilized for acceptance of the	10715
surrender of an individual's license. The telephone conference	10716
call shall be considered a special meeting under division (F) of	10717
section 121.22 of the Revised Code. Reinstatement of a license	10718
surrendered to the board requires an affirmative vote of not fewer	10719
than six members of the board.	10720

(2) An application made under this chapter for a license to	10721
practice may not be withdrawn without approval of the board.	10722

(3) Failure by an individual to renew a license in accordance	10723
with section 4778.06 of the Revised Code shall not remove or limit	10724
the board's jurisdiction to take disciplinary action under this	10725
section against the individual.	10726

Sec. 5101.56. (A) As used in this section~~, "physician~~:

10727

(1) "Act of incest" includes, but is not limited to, an	10728
incestual violation of section 2907.02, 2907.03, or 2907.04 of the	10729
Revised Code.	10730

(2) "Act of rape" means a violation of division (A)(1), (2),	10731
or (3) of section 2907.02 of the Revised Code or of a	10732
substantially equivalent law of any other state.	10733

(3) "Physician" means a person who holds a valid certificate	10734
to practice medicine and surgery or osteopathic medicine and	10735
surgery issued under Chapter 4731. of the Revised Code.	10736

(B) Unless required by the United States Constitution or by	10737
federal statute, regulation, or decisions of federal courts, state	10738
or local funds may not be used for payment or reimbursement for	10739
abortion services unless the certification required by division	10740
(C) of this section is made and one of the following circumstances	10741
exists:	10742

(1) The woman suffers from a physical disorder, physical	10743
injury, or physical illness, including a life-endangering physical	10744
condition caused by or arising from the pregnancy, that would, as	10745
certified by a physician, place the woman in danger of death	10746
unless an abortion is performed.	10747

(2) The pregnancy was the result of an act of rape and the	10748
patient, the patient's legal guardian, or the person who made the	10749
report to the law enforcement agency, certifies in writing that	10750
prior to the performance of the abortion a report was filed with a	10751
law enforcement agency having the requisite jurisdiction, unless	10752
the patient was physically unable to comply with the reporting	10753
requirement and that fact is certified by the physician performing	10754
the abortion.	10755

(3) The pregnancy was the result of an act of incest and the	10756
patient, the patient's legal guardian, or the person who made the	10757
report certifies in writing that prior to the performance of the	10758
abortion a report was filed with either a law enforcement agency	10759
having the requisite jurisdiction, or, in the case of a minor,	10760
with a county children services agency established under Chapter	10761
5153. of the Revised Code, unless the patient was physically	10762
unable to comply with the reporting requirement and that fact is	10763
certified by the physician performing the abortion.	10764

(C)(1) Before payment of or reimbursement for an abortion can	10765
be made with state or local funds, the physician performing the	10766
abortion shall certify that one of the three circumstances in	10767
division (B) of this section has occurred. The certification shall	10768
be made on a form created by the Ohio department of job and family	10769
services known as the "Abortion Certification Form." The	10770
physician's signature shall be in the physician's own handwriting.	10771
The certification shall list the name and address of the patient.	10772
The certification form shall be attached to the billing invoice.	10773

(2) The certification shall be as follows:

10774

I certify that, on the basis of my professional judgment,	10775
this service was necessary because:	10776

(a) The woman suffers from a physical disorder, physical	10777
injury, or physical illness, including a life-endangering physical	10778
condition caused by or arising from the pregnancy itself, that	10779
would place the woman in danger of death unless an abortion was	10780
performed;	10781

(b) The pregnancy was the result of an act of rape and the	10782
patient, the patient's legal guardian, or the person who made the	10783
report to the law enforcement agency certified in writing that	10784
prior to the performance of the abortion a report was filed with a	10785
law enforcement agency having the requisite jurisdiction;	10786

(c) The pregnancy was the result of an act of incest and the	10787
patient, the patient's legal guardian, or the person who made the	10788
report certified in writing that prior to the performance of the	10789
abortion a report was filed with either a law enforcement agency	10790
having the requisite jurisdiction or, in the case of a minor, with	10791
a county children services agency established under Chapter 5153.	10792
of the Revised Code;	10793

(d) The pregnancy was the result of an act of rape and in my	10794
professional opinion the recipient was physically unable to comply	10795
with the reporting requirement; or	10796

(e) The pregnancy was a result of an act of incest and in my	10797
professional opinion the recipient was physically unable to comply	10798
with the reporting requirement.	10799

(D) Payment or reimbursement for abortion services shall not	10800
be made with state or local funds for associated services such as	10801
anesthesia, laboratory tests, or hospital services if the abortion	10802
service itself cannot be paid or reimbursed with state or local	10803
funds. All abortion services for which a physician is seeking	10804
reimbursement or payment for the purposes of this division shall	10805
be submitted on a hard-copy billing invoice.	10806

(E) Documentation that supports the certification made by a	10807
physician shall be maintained by the physician in the recipient's	10808
medical record. When the physician certifies that circumstances	10809
described in division (C)(2)(b) or (c) of this section are the	10810
case, a copy of the statement signed by the patient, the patient's	10811
legal guardian, or the person who made the report shall be	10812
maintained in the patient's medical record.	10813

(F) Nothing in this section denies reimbursement for drugs or	10814
devices to prevent implantation of the fertilized ovum, or for	10815
medical procedures for the termination of an ectopic pregnancy.	10816
This section does not apply to treatments for incomplete, missed,	10817
or septic abortions.	10818

(G) If enforcement of this section will adversely affect	10819
eligibility of the state or a political subdivision of the state	10820
for participation in a federal program, this section shall be	10821
enforced to the extent permissible without preventing	10822
participation in that federal program.	10823

Sec. 5120.61. (A)(1) Not later than ninety days after	10824
January 1, 1997, the department of rehabilitation and correction	10825
shall adopt standards that it will use under this section to	10826
assess the following criminal offenders and may periodically	10827
revise the standards:	10828

(a) A criminal offender who is convicted of or pleads guilty	10829
to a violent sex offense or designated homicide, assault, or	10830
kidnapping offense and is adjudicated a sexually violent predator	10831
in relation to that offense;	10832

(b) A criminal offender who is convicted of or pleads guilty	10833
to a violation of division (A)(1)(b) of section 2907.02 of the	10834
Revised Code committed on or after January 2, 2007, and either who	10835
is sentenced under section 2971.03 of the Revised Code or upon	10836
whom a sentence of life without parole is imposed under division	10837
(B) of section 2907.02 of the Revised Code;	10838

(c) A criminal offender who is convicted of or pleads guilty	10839
to attempted rape that was committed on or after January 2, 2007,	10840
or to attempted aggravated rape or attempted aggravated rape of a	10841
child and in either case a specification of the type described in	10842
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	10843

(d) A criminal offender who is convicted of or pleads guilty	10844
to a violation of section 2905.01 of the Revised Code and also is	10845
convicted of or pleads guilty to a sexual motivation specification	10846
that was included in the indictment, count in the indictment, or	10847
information charging that offense, and who is sentenced pursuant	10848
to section 2971.03 of the Revised Code;	10849

(e) A criminal offender who is convicted of or pleads guilty	10850
to aggravated murder and also is convicted of or pleads guilty to	10851
a sexual motivation specification that was included in the	10852
indictment, count in the indictment, or information charging that	10853
offense, and who pursuant to division (A)(2)(b)(ii) of section	10854
2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii),	10855
(D)(2)~~(b)~~(a)(ii), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03,	10856
or division (A) or (B) of section 2929.06 of the Revised Code is	10857
sentenced pursuant to division (B)(3) of section 2971.03 of the	10858
Revised Code;	10859

(f) A criminal offender who is convicted of or pleads guilty	10860
to murder and also is convicted of or pleads guilty to a sexual	10861
motivation specification that was included in the indictment,	10862
count in the indictment, or information charging that offense, and	10863
who pursuant to division (B)(2) of section 2929.02 of the Revised	10864
Code is sentenced pursuant to section 2971.03 of the Revised Code.	10865

(2) When the department is requested by the parole board or	10866
the court to provide a risk assessment report of the offender	10867
under section 2971.04 or 2971.05 of the Revised Code, it shall	10868
assess the offender and complete the assessment as soon as	10869
possible after the offender has commenced serving the prison term	10870
or term of life imprisonment without parole imposed under division	10871
(A), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a),	10872
(b), (c), or (d) of section 2971.03 of the Revised Code.	10873
Thereafter, the department shall update a risk assessment report	10874
pertaining to an offender as follows:	10875

(a) Periodically, in the discretion of the department,	10876
provided that each report shall be updated no later than two years	10877
after its initial preparation or most recent update;	10878

(b) Upon the request of the parole board for use in	10879
determining pursuant to section 2971.04 of the Revised Code	10880
whether it should terminate its control over an offender's service	10881
of a prison term imposed upon the offender under division (A)(3),	10882
(B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b),	10883
(c), or (d) of section 2971.03 of the Revised Code;	10884

10885

(3) After the department of rehabilitation and correction	10886
assesses an offender pursuant to division (A)(2) of this section,	10887
it shall prepare a report that contains its risk assessment for	10888
the offender or, if a risk assessment report previously has been	10889
prepared, it shall update the risk assessment report.	10890

(4) The department of rehabilitation and correction shall	10891
provide each risk assessment report that it prepares or updates	10892
pursuant to this section regarding an offender to all of the	10893
following:	10894

(a) The parole board for its use in determining pursuant to	10895
section 2971.04 of the Revised Code whether it should terminate	10896
its control over an offender's service of a prison term imposed	10897
upon the offender under division (A)(3), (B)(1)(a), (b), or (c),	10898
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section	10899
2971.03 of the Revised Code, if the parole board has not	10900
terminated its control over the offender;	10901

(b) The court for use in determining, pursuant to section	10902
2971.05 of the Revised Code, whether to modify the requirement	10903
that the offender serve the entire prison term imposed upon the	10904
offender under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a),	10905
(b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of	10906
the Revised Code in a state correctional institution, whether to	10907
revise any modification previously made, or whether to terminate	10908
the prison term;	10909

(c) The prosecuting attorney who prosecuted the case, or the	10910
successor in office to that prosecuting attorney;	10911

(d) The offender.

10912

(B) When the department of rehabilitation and correction	10913
provides a risk assessment report regarding an offender to the	10914
parole board or court pursuant to division (A)(4)(a) or (b) of	10915
this section, the department, prior to the parole board's or	10916
court's hearing, also shall provide to the offender or to the	10917
offender's attorney of record a copy of the report and a copy of	10918
any other relevant documents the department possesses regarding	10919
the offender that the department does not consider to be	10920
confidential.	10921

10922

(1) "Adjudicated a sexually violent predator" has the same	10923
meaning as in section 2929.01 of the Revised Code, and a person is	10924
"adjudicated a sexually violent predator" in the same manner and	10925
the same circumstances as are described in that section.	10926

(2) "Designated homicide, assault, or kidnapping offense" and	10927
"violent sex offense" have the same meanings as in section 2971.01	10928
of the Revised Code.	10929

Section 2. That existing sections 9.04, 109.42, 109.71,	10930
109.97, 124.34, 2152.16, 2305.111, 2307.53, 2901.02, 2903.01,	10931
2907.02, 2907.03, 2907.04, 2907.05, 2907.17, 2907.18, 2909.24,	10932
2923.02, 2929.02, 2929.021, 2929.022, 2929.023, 2929.024, 2929.03,	10933
2929.04, 2929.05, 2929.06, 2929.13, 2929.14, 2929.19, 2929.34,	10934
2937.222, 2941.14, 2941.148, 2941.1418, 2941.1419, 2941.1420,	10935
2945.06, 2945.38, 2945.42, 2945.57, 2950.01, 2950.11, 2953.08,	10936
2953.11, 2953.21, 2967.01, 2967.05, 2967.18, 2967.19, 2967.193,	10937
2971.01, 2971.03, 2971.07, 3107.07, 3311.82, 3319.081, 3319.16,	10938
4715.30, 4717.05, 4717.14, 4723.281, 4730.25, 4731.22, 4734.36,	10939
4757.361, 4760.13, 4762.13, 4765.114, 4774.13, 4778.14, 5101.56,	10940
and 5120.61 of the Revised Code are hereby repealed.	10941

Section 3. That the version of section 2950.11 of the Revised	10942
Code that is scheduled to take effect on January 1, 2014, be	10943
amended to read as follows:	10944

Sec. 2950.11. (A) Regardless of when the sexually oriented	10945
offense or child-victim oriented offense was committed, if a	10946
person is convicted of, pleads guilty to, has been convicted of,	10947
or has pleaded guilty to a sexually oriented offense or a	10948
child-victim oriented offense or a person is or has been	10949
adjudicated a delinquent child for committing a sexually oriented	10950
offense or a child-victim oriented offense and is classified a	10951
juvenile offender registrant or is an out-of-state juvenile	10952
offender registrant based on that adjudication, and if the	10953
offender or delinquent child is in any category specified in	10954
division (F)(1)(a), (b), or (c) of this section, the sheriff with	10955
whom the offender or delinquent child has most recently registered	10956
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	10957
and the sheriff to whom the offender or delinquent child most	10958
recently sent a notice of intent to reside under section 2950.04	10959
or 2950.041 of the Revised Code, within the period of time	10960
specified in division (C) of this section, shall provide a written	10961
notice containing the information set forth in division (B) of	10962
this section to all of the persons described in divisions (A)(1)	10963
to (10) of this section. If the sheriff has sent a notice to the	10964
persons described in those divisions as a result of receiving a	10965
notice of intent to reside and if the offender or delinquent child	10966
registers a residence address that is the same residence address	10967
described in the notice of intent to reside, the sheriff is not	10968
required to send an additional notice when the offender or	10969
delinquent child registers. The sheriff shall provide the notice	10970
to all of the following persons:	10971

(1)(a) Any occupant of each residential unit that is located	10972
within one thousand feet of the offender's or delinquent child's	10973
residential premises, that is located within the county served by	10974
the sheriff, and that is not located in a multi-unit building.	10975
Division (D)(3) of this section applies regarding notices required	10976
under this division.	10977

(b) If the offender or delinquent child resides in a	10978
multi-unit building, any occupant of each residential unit that is	10979
located in that multi-unit building and that shares a common	10980
hallway with the offender or delinquent child. For purposes of	10981
this division, an occupant's unit shares a common hallway with the	10982
offender or delinquent child if the entrance door into the	10983
occupant's unit is located on the same floor and opens into the	10984
same hallway as the entrance door to the unit the offender or	10985
delinquent child occupies. Division (D)(3) of this section applies	10986
regarding notices required under this division.	10987

(c) The building manager, or the person the building owner or	10988
condominium unit owners association authorizes to exercise	10989
management and control, of each multi-unit building that is	10990
located within one thousand feet of the offender's or delinquent	10991
child's residential premises, including a multi-unit building in	10992
which the offender or delinquent child resides, and that is	10993
located within the county served by the sheriff. In addition to	10994
notifying the building manager or the person authorized to	10995
exercise management and control in the multi-unit building under	10996
this division, the sheriff shall post a copy of the notice	10997
prominently in each common entryway in the building and any other	10998
location in the building the sheriff determines appropriate. The	10999
manager or person exercising management and control of the	11000
building shall permit the sheriff to post copies of the notice	11001
under this division as the sheriff determines appropriate. In lieu	11002
of posting copies of the notice as described in this division, a	11003
sheriff may provide notice to all occupants of the multi-unit	11004
building by mail or personal contact; if the sheriff so notifies	11005
all the occupants, the sheriff is not required to post copies of	11006
the notice in the common entryways to the building. Division	11007
(D)(3) of this section applies regarding notices required under	11008
this division.	11009

(d) All additional persons who are within any category of	11010
neighbors of the offender or delinquent child that the attorney	11011
general by rule adopted under section 2950.13 of the Revised Code	11012
requires to be provided the notice and who reside within the	11013
county served by the sheriff;	11014

(2) The executive director of the public children services	11015
agency that has jurisdiction within the specified geographical	11016
notification area and that is located within the county served by	11017
the sheriff;	11018

(3)(a) The superintendent of each board of education of a	11019
school district that has schools within the specified geographical	11020
notification area and that is located within the county served by	11021
the sheriff;	11022

(b) The principal of the school within the specified	11023
geographical notification area and within the county served by the	11024
sheriff that the delinquent child attends;	11025

(c) If the delinquent child attends a school outside of the	11026
specified geographical notification area or outside of the school	11027
district where the delinquent child resides, the superintendent of	11028
the board of education of a school district that governs the	11029
school that the delinquent child attends and the principal of the	11030
school that the delinquent child attends.	11031

(4)(a) The appointing or hiring officer of each chartered	11032
nonpublic school located within the specified geographical	11033
notification area and within the county served by the sheriff or	11034
of each other school located within the specified geographical	11035
notification area and within the county served by the sheriff and	11036
that is not operated by a board of education described in division	11037
(A)(3) of this section;	11038

(b) Regardless of the location of the school, the appointing	11039
or hiring officer of a chartered nonpublic school that the	11040
delinquent child attends.	11041

(5) The director, head teacher, elementary principal, or site	11042
administrator of each preschool program governed by Chapter 3301.	11043
of the Revised Code that is located within the specified	11044
geographical notification area and within the county served by the	11045
sheriff;	11046

(6) The administrator of each child day-care center or type A	11047
family day-care home that is located within the specified	11048
geographical notification area and within the county served by the	11049
sheriff, and each holder of a license to operate a type B family	11050
day-care home that is located within the specified geographical	11051
notification area and within the county served by the sheriff. As	11052
used in this division, "child day-care center," "type A family	11053
day-care home," and "type B family day-care home" have the same	11054
meanings as in section 5104.01 of the Revised Code.	11055

(7) The president or other chief administrative officer of	11056
each institution of higher education, as defined in section	11057
2907.03 of the Revised Code, that is located within the specified	11058
geographical notification area and within the county served by the	11059
sheriff, and the chief law enforcement officer of the state	11060
university law enforcement agency or campus police department	11061
established under section 3345.04 or 1713.50 of the Revised Code,	11062
if any, that serves that institution;	11063

(8) The sheriff of each county that includes any portion of	11064
the specified geographical notification area;	11065

(9) If the offender or delinquent child resides within the	11066
county served by the sheriff, the chief of police, marshal, or	11067
other chief law enforcement officer of the municipal corporation	11068
in which the offender or delinquent child resides or, if the	11069
offender or delinquent child resides in an unincorporated area,	11070
the constable or chief of the police department or police district	11071
police force of the township in which the offender or delinquent	11072
child resides;	11073

(10) Volunteer organizations in which contact with minors or	11074
other vulnerable individuals might occur or any organization,	11075
company, or individual who requests notification as provided in	11076
division (J) of this section.	11077

(B) The notice required under division (A) of this section	11078
shall include all of the following information regarding the	11079
subject offender or delinquent child:	11080

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

11081

(2) The address or addresses of the offender's or public	11082
registry-qualified juvenile offender registrant's residence,	11083
school, institution of higher education, or place of employment,	11084
as applicable, or the residence address or addresses of a	11085
delinquent child who is not a public registry-qualified juvenile	11086
offender registrant;	11087

(3) The sexually oriented offense or child-victim oriented	11088
offense of which the offender was convicted, to which the offender	11089
pleaded guilty, or for which the child was adjudicated a	11090
delinquent child;	11091

(4) A statement that identifies the category specified in	11092
division (F)(1)(a), (b), or (c) of this section that includes the	11093
offender or delinquent child and that subjects the offender or	11094
delinquent child to this section;	11095

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

11096

(C) If a sheriff with whom an offender or delinquent child	11097
registers under section 2950.04, 2950.041, or 2950.05 of the	11098
Revised Code or to whom the offender or delinquent child most	11099
recently sent a notice of intent to reside under section 2950.04	11100
or 2950.041 of the Revised Code is required by division (A) of	11101
this section to provide notices regarding an offender or	11102
delinquent child and if, pursuant to that requirement, the sheriff	11103
provides a notice to a sheriff of one or more other counties in	11104
accordance with division (A)(8) of this section, the sheriff of	11105
each of the other counties who is provided notice under division	11106
(A)(8) of this section shall provide the notices described in	11107
divisions (A)(1) to (7) and (A)(9) and (10) of this section to	11108
each person or entity identified within those divisions that is	11109
located within the specified geographical notification area and	11110
within the county served by the sheriff in question.	11111

(D)(1) A sheriff required by division (A) or (C) of this	11112
section to provide notices regarding an offender or delinquent	11113
child shall provide the notice to the neighbors that are described	11114
in division (A)(1) of this section and the notices to law	11115
enforcement personnel that are described in divisions (A)(8) and	11116
(9) of this section as soon as practicable, but no later than five	11117
days after the offender sends the notice of intent to reside to	11118
the sheriff and again no later than five days after the offender	11119
or delinquent child registers with the sheriff or, if the sheriff	11120
is required by division (C) of this section to provide the	11121
notices, no later than five days after the sheriff is provided the	11122
notice described in division (A)(8) of this section.	11123

A sheriff required by division (A) or (C) of this section to	11124
provide notices regarding an offender or delinquent child shall	11125
provide the notices to all other specified persons that are	11126
described in divisions (A)(2) to (7) and (A)(10) of this section	11127
as soon as practicable, but not later than seven days after the	11128
offender or delinquent child registers with the sheriff or, if the	11129
sheriff is required by division (C) of this section to provide the	11130
notices, no later than five days after the sheriff is provided the	11131
notice described in division (A)(8) of this section.	11132

(2) If an offender or delinquent child in relation to whom	11133
division (A) of this section applies verifies the offender's or	11134
delinquent child's current residence, school, institution of	11135
higher education, or place of employment address, as applicable,	11136
with a sheriff pursuant to section 2950.06 of the Revised Code,	11137
the sheriff may provide a written notice containing the	11138
information set forth in division (B) of this section to the	11139
persons identified in divisions (A)(1) to (10) of this section. If	11140
a sheriff provides a notice pursuant to this division to the	11141
sheriff of one or more other counties in accordance with division	11142
(A)(8) of this section, the sheriff of each of the other counties	11143
who is provided the notice under division (A)(8) of this section	11144
may provide, but is not required to provide, a written notice	11145
containing the information set forth in division (B) of this	11146
section to the persons identified in divisions (A)(1) to (7) and	11147
(A)(9) and (10) of this section.	11148

(3) A sheriff may provide notice under division (A)(1)(a) or	11149
(b) of this section, and may provide notice under division	11150
(A)(1)(c) of this section to a building manager or person	11151
authorized to exercise management and control of a building, by	11152
mail, by personal contact, or by leaving the notice at or under	11153
the entry door to a residential unit. For purposes of divisions	11154
(A)(1)(a) and (b) of this section, and the portion of division	11155
(A)(1)(c) of this section relating to the provision of notice to	11156
occupants of a multi-unit building by mail or personal contact,	11157
the provision of one written notice per unit is deemed as	11158
providing notice to all occupants of that unit.	11159

(E) All information that a sheriff possesses regarding an	11160
offender or delinquent child who is in a category specified in	11161
division (F)(1)(a), (b), or (c) of this section that is described	11162
in division (B) of this section and that must be provided in a	11163
notice required under division (A) or (C) of this section or that	11164
may be provided in a notice authorized under division (D)(2) of	11165
this section is a public record that is open to inspection under	11166
section 149.43 of the Revised Code.	11167

The sheriff shall not cause to be publicly disseminated by	11168
means of the internet any of the information described in this	11169
division that is provided by a delinquent child unless that child	11170
is in a category specified in division (F)(1)(a), (b), or (c) of	11171
this section.	11172

(F)(1) Except as provided in division (F)(2) of this section,	11173
the duties to provide the notices described in divisions (A) and	11174
(C) of this section apply regarding any offender or delinquent	11175
child who is in any of the following categories:	11176

(a) The offender is a tier III sex offender/child-victim	11177
offender, or the delinquent child is a public registry-qualified	11178
juvenile offender registrant, and a juvenile court has not removed	11179
pursuant to section 2950.15 of the Revised Code the delinquent	11180
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	11181
and 2950.06 of the Revised Code.	11182

(b) The delinquent child is a tier III sex	11183
offender/child-victim offender who is not a public	11184
registry-qualified juvenile offender registrant, the delinquent	11185
child was subjected to this section prior to January 1, 2008, as a	11186
sexual predator, habitual sex offender, child-victim predator, or	11187
habitual child-victim offender, as those terms were defined in	11188
section 2950.01 of the Revised Code as it existed prior to January	11189
1, 2008, and a juvenile court has not removed pursuant to section	11190
2152.84 or 2152.85 of the Revised Code the delinquent child's duty	11191
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	11192
the Revised Code.	11193

(c) The delinquent child is a tier III sex	11194
offender/child-victim offender who is not a public	11195
registry-qualified juvenile offender registrant, the delinquent	11196
child was classified a juvenile offender registrant on or after	11197
January 1, 2008, the court has imposed a requirement under section	11198
2152.82, 2152.83, or 2152.84 of the Revised Code subjecting the	11199
delinquent child to this section, and a juvenile court has not	11200
removed pursuant to section 2152.84 or 2152.85 of the Revised Code	11201
the delinquent child's duty to comply with sections 2950.04,	11202
2950.041, 2950.05, and 2950.06 of the Revised Code.	11203

(2) The notification provisions of this section do not apply	11204
to a person described in division (F)(1)(a), (b), or (c) of this	11205
section if a court finds at a hearing after considering the	11206
factors described in this division that the person would not be	11207
subject to the notification provisions of this section that were	11208
in the version of this section that existed immediately prior to	11209
January 1, 2008. In making the determination of whether a person	11210
would have been subject to the notification provisions under prior	11211
law as described in this division, the court shall consider the	11212
following factors:	11213

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

11214

(b) The offender's or delinquent child's prior criminal or	11215
delinquency record regarding all offenses, including, but not	11216
limited to, all sexual offenses;	11217

(c) The age of the victim of the sexually oriented offense	11218
for which sentence is to be imposed or the order of disposition is	11219
to be made;	11220

(d) Whether the sexually oriented offense for which sentence	11221
is to be imposed or the order of disposition is to be made	11222
involved multiple victims;	11223

(e) Whether the offender or delinquent child used drugs or	11224
alcohol to impair the victim of the sexually oriented offense or	11225
to prevent the victim from resisting;	11226

(f) If the offender or delinquent child previously has been	11227
convicted of or pleaded guilty to, or been adjudicated a	11228
delinquent child for committing an act that if committed by an	11229
adult would be, a criminal offense, whether the offender or	11230
delinquent child completed any sentence or dispositional order	11231
imposed for the prior offense or act and, if the prior offense or	11232
act was a sex offense or a sexually oriented offense, whether the	11233
offender or delinquent child participated in available programs	11234
for sexual offenders;	11235

(g) Any mental illness or mental disability of the offender	11236
or delinquent child;	11237

(h) The nature of the offender's or delinquent child's sexual	11238
conduct, sexual contact, or interaction in a sexual context with	11239
the victim of the sexually oriented offense and whether the sexual	11240
conduct, sexual contact, or interaction in a sexual context was	11241
part of a demonstrated pattern of abuse;	11242

(i) Whether the offender or delinquent child, during the	11243
commission of the sexually oriented offense for which sentence is	11244
to be imposed or the order of disposition is to be made, displayed	11245
cruelty or made one or more threats of cruelty;	11246

(j) Whether the offender or delinquent child would have been	11247
a habitual sex offender or a habitual child victim offender under	11248
the definitions of those terms set forth in section 2950.01 of the	11249
Revised Code as that section existed prior to January 1, 2008;	11250

(k) Any additional behavioral characteristics that contribute	11251
to the offender's or delinquent child's conduct.	11252

(G)(1) The department of job and family services shall	11253
compile, maintain, and update in January and July of each year, a	11254
list of all agencies, centers, or homes of a type described in	11255
division (A)(2) or (6) of this section that contains the name of	11256
each agency, center, or home of that type, the county in which it	11257
is located, its address and telephone number, and the name of an	11258
administrative officer or employee of the agency, center, or home.	11259

(2) The department of education shall compile, maintain, and	11260
update in January and July of each year, a list of all boards of	11261
education, schools, or programs of a type described in division	11262
(A)(3), (4), or (5) of this section that contains the name of each	11263
board of education, school, or program of that type, the county in	11264
which it is located, its address and telephone number, the name of	11265
the superintendent of the board or of an administrative officer or	11266
employee of the school or program, and, in relation to a board of	11267
education, the county or counties in which each of its schools is	11268
located and the address of each such school.	11269

(3) The Ohio board of regents shall compile, maintain, and	11270
update in January and July of each year, a list of all	11271
institutions of a type described in division (A)(7) of this	11272
section that contains the name of each such institution, the	11273
county in which it is located, its address and telephone number,	11274
and the name of its president or other chief administrative	11275
officer.	11276

(4) A sheriff required by division (A) or (C) of this	11277
section, or authorized by division (D)(2) of this section, to	11278
provide notices regarding an offender or delinquent child, or a	11279
designee of a sheriff of that type, may request the department of	11280
job and family services, department of education, or Ohio board of	11281
regents, by telephone, in person, or by mail, to provide the	11282
sheriff or designee with the names, addresses, and telephone	11283
numbers of the appropriate persons and entities to whom the	11284
notices described in divisions (A)(2) to (7) of this section are	11285
to be provided. Upon receipt of a request, the department or board	11286
shall provide the requesting sheriff or designee with the names,	11287
addresses, and telephone numbers of the appropriate persons and	11288
entities to whom those notices are to be provided.	11289

(H)(1) Upon the motion of the offender or the prosecuting	11290
attorney of the county in which the offender was convicted of or	11291
pleaded guilty to the sexually oriented offense or child-victim	11292
oriented offense for which the offender is subject to community	11293
notification under this section, or upon the motion of the	11294
sentencing judge or that judge's successor in office, the judge	11295
may schedule a hearing to determine whether the interests of	11296
justice would be served by suspending the community notification	11297
requirement under this section in relation to the offender. The	11298
judge may dismiss the motion without a hearing but may not issue	11299
an order suspending the community notification requirement without	11300
a hearing. At the hearing, all parties are entitled to be heard,	11301
and the judge shall consider all of the factors set forth in	11302
division (K) of this section. If, at the conclusion of the	11303
hearing, the judge finds that the offender has proven by clear and	11304
convincing evidence that the offender is unlikely to commit in the	11305
future a sexually oriented offense or a child-victim oriented	11306
offense and if the judge finds that suspending the community	11307
notification requirement is in the interests of justice, the judge	11308
may suspend the application of this section in relation to the	11309
offender. The order shall contain both of these findings.	11310

The judge promptly shall serve a copy of the order upon the	11311
sheriff with whom the offender most recently registered under	11312
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	11313
the bureau of criminal identification and investigation.	11314

An order suspending the community notification requirement	11315
does not suspend or otherwise alter an offender's duties to comply	11316
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	11317
Revised Code and does not suspend the victim notification	11318
requirement under section 2950.10 of the Revised Code.	11319

(2) A prosecuting attorney, a sentencing judge or that	11320
judge's successor in office, and an offender who is subject to the	11321
community notification requirement under this section may	11322
initially make a motion under division (H)(1) of this section upon	11323
the expiration of twenty years after the offender's duty to comply	11324
with division (A)(2), (3), or (4) of section 2950.04, division	11325
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	11326
2950.06 of the Revised Code begins in relation to the offense for	11327
which the offender is subject to community notification. After the	11328
initial making of a motion under division (H)(1) of this section,	11329
thereafter, the prosecutor, judge, and offender may make a	11330
subsequent motion under that division upon the expiration of five	11331
years after the judge has entered an order denying the initial	11332
motion or the most recent motion made under that division.	11333

(3) The offender and the prosecuting attorney have the right	11334
to appeal an order approving or denying a motion made under	11335
division (H)(1) of this section.	11336

(4) Divisions (H)(1) to (3) of this section do not apply to	11337
any of the following types of offender:	11338

(a) A person who is convicted of or pleads guilty to a	11339
violent sex offense or designated homicide, assault, or kidnapping	11340
offense and who, in relation to that offense, is adjudicated a	11341
sexually violent predator;	11342

(b) A person who is convicted of or pleads guilty to a	11343
sexually oriented offense that is a violation of division	11344
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	11345
after January 2, 2007, and either who is sentenced under section	11346
2971.03 of the Revised Code or upon whom a sentence of life	11347
without parole is imposed under division (B) of section 2907.02 of	11348
the Revised Code;	11349

(c) A person who is convicted of or pleads guilty to a	11350
sexually oriented offense that is attempted rape that was	11351
committed on or after January 2, 2007, or who is convicted of or	11352
pleads guilty to attempted aggravated rape or attempted aggravated	11353
rape of a child and who in either case also is convicted of or	11354
pleads guilty to a specification of the type described in section	11355
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	11356

(d) A person who is convicted of or pleads guilty to an	11357
offense described in division (B)(3)(a), (b), (c), or (d) of	11358
section 2971.03 of the Revised Code and who is sentenced for that	11359
offense pursuant to that division;	11360

(e) An offender who is in a category specified in division	11361
(F)(1)(a), (b), or (c) of this section and who, subsequent to	11362
being subjected to community notification, has pleaded guilty to	11363
or been convicted of a sexually oriented offense or child-victim	11364
oriented offense.	11365

(I) If a person is convicted of, pleads guilty to, has been	11366
convicted of, or has pleaded guilty to a sexually oriented offense	11367
or a child-victim oriented offense or a person is or has been	11368
adjudicated a delinquent child for committing a sexually oriented	11369
offense or a child-victim oriented offense and is classified a	11370
juvenile offender registrant or is an out-of-state juvenile	11371
offender registrant based on that adjudication, and if the	11372
offender or delinquent child is not in any category specified in	11373
division (F)(1)(a), (b), or (c) of this section, the sheriff with	11374
whom the offender or delinquent child has most recently registered	11375
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	11376
and the sheriff to whom the offender or delinquent child most	11377
recently sent a notice of intent to reside under section 2950.04	11378
or 2950.041 of the Revised Code, within the period of time	11379
specified in division (D) of this section, shall provide a written	11380
notice containing the information set forth in division (B) of	11381
this section to the executive director of the public children	11382
services agency that has jurisdiction within the specified	11383
geographical notification area and that is located within the	11384
county served by the sheriff.	11385

(J) Each sheriff shall allow a volunteer organization or	11386
other organization, company, or individual who wishes to receive	11387
the notice described in division (A)(10) of this section regarding	11388
a specific offender or delinquent child or notice regarding all	11389
offenders and delinquent children who are located in the specified	11390
geographical notification area to notify the sheriff by electronic	11391
mail or through the sheriff's web site of this election. The	11392
sheriff shall promptly inform the bureau of criminal	11393
identification and investigation of these requests in accordance	11394
with the forwarding procedures adopted by the attorney general	11395
pursuant to section 2950.13 of the Revised Code.	11396

(K) In making a determination under division (H)(1) of this	11397
section as to whether to suspend the community notification	11398
requirement under this section for an offender, the judge shall	11399
consider all relevant factors, including, but not limited to, all	11400
of the following:	11401

(1) The offender's age;

11402

(2) The offender's prior criminal or delinquency record	11403
regarding all offenses, including, but not limited to, all	11404
sexually oriented offenses or child-victim oriented offenses;	11405

(3) The age of the victim of the sexually oriented offense or	11406
child-victim oriented offense the offender committed;	11407

(4) Whether the sexually oriented offense or child-victim	11408
oriented offense the offender committed involved multiple victims;	11409

(5) Whether the offender used drugs or alcohol to impair the	11410
victim of the sexually oriented offense or child-victim oriented	11411
offense the offender committed or to prevent the victim from	11412
resisting;	11413

(6) If the offender previously has been convicted of, pleaded	11414
guilty to, or been adjudicated a delinquent child for committing	11415
an act that if committed by an adult would be a criminal offense,	11416
whether the offender completed any sentence or dispositional order	11417
imposed for the prior offense or act and, if the prior offense or	11418
act was a sexually oriented offense or a child-victim oriented	11419
offense, whether the offender or delinquent child participated in	11420
available programs for sex offenders or child-victim offenders;	11421

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

11422

(8) The nature of the offender's sexual conduct, sexual	11423
contact, or interaction in a sexual context with the victim of the	11424
sexually oriented offense the offender committed or the nature of	11425
the offender's interaction in a sexual context with the victim of	11426
the child-victim oriented offense the offender committed,	11427
whichever is applicable, and whether the sexual conduct, sexual	11428
contact, or interaction in a sexual context was part of a	11429
demonstrated pattern of abuse;	11430

(9) Whether the offender, during the commission of the	11431
sexually oriented offense or child-victim oriented offense the	11432
offender committed, displayed cruelty or made one or more threats	11433
of cruelty;	11434

(10) Any additional behavioral characteristics that	11435
contribute to the offender's conduct.	11436

(L) As used in this section, "specified geographical	11437
notification area" means the geographic area or areas within which	11438
the attorney general, by rule adopted under section 2950.13 of the	11439
Revised Code, requires the notice described in division (B) of	11440
this section to be given to the persons identified in divisions	11441
(A)(2) to (8) of this section.	11442

Section 4. That the existing version of section 2950.11 of	11443
the Revised Code that is scheduled to take effect on January 1,	11444
2014, is hereby repealed.	11445

Section 5. Sections 3 and 4 of this act shall take effect on	11446
January 1, 2014.	11447

Section 6. Section 2923.02 of the Revised Code is presented	11448
in this act as a composite of the section as amended by both Am.	11449
Sub. H.B. 461 and Am. Sub. S.B. 260 of the 126th General Assembly.	11450
Section 2929.13 of the Revised Code is presented in this act as a	11451
composite of the section as amended by Am. Sub. H.B. 62, Am. Sub.	11452
H.B. 262, and Am. Sub. S.B. 160 of the 129th General Assembly.	11453
Section 2929.19 of the Revised Code is presented in this act as a	11454
composite of the section as amended by both Am. Sub. H.B. 487 and	11455
Am. Sub. S.B. 337 of the 129th General Assembly. Section 2953.08	11456
of the Revised Code is presented in this act as a composite of the	11457
section as amended by Sub. H.B. 247, Am. Sub. S.B. 160, and Am.	11458
Sub. S.B. 337, all of the 129th General Assembly. Section 2967.18	11459
of the Revised Code is presented in this act as a composite of the	11460
section as amended by both Am. Sub. H.B. 180 and Am. Sub. H.B. 445	11461
of the 121st General Assembly. Section 4731.22 of the Revised Code	11462
is presented in this act as a composite of the section as amended	11463
by both Sub. H.B. 251 and Sub. S.B. 301 of the 129th General	11464
Assembly. The General Assembly, applying the principle stated in	11465
division (B) of section 1.52 of the Revised Code that amendments	11466
are to be harmonized if reasonably capable of simultaneous	11467
operation, finds that the composites are the resulting versions of	11468
the sections in effect prior to the effective date of the sections	11469
as presented in this act.	11470