Enact the Repeat Offender Act

As Passed by the House

136th
General Assembly

Regular
Session
Sub. H. B. No. 5

2025-2026

Representatives Williams, Willis

Cosponsors: Representatives Bird,
Click, Creech, Fischer, Fowler Arthur, Gross, Johnson, Klopfenstein,
Miller, K., Miller, M., Mullins, Newman, Ray, Stewart, Barhorst,
Daniels, Holmes, Kishman, Lampton, Lear, Mathews, A., McClain,
Odioso, Oelslager, Plummer, Robb Blasdel, Salvo, Schmidt, Thomas, D.

To
amend sections
109.11,

109.57,
109.572, 109.578, 109.579, 2151.357
,
2746.02
,
2901.08, 2923.125, 2923.13, 2923.14, 2929.01, 2929.13, 2929.14
,
2929.34, 2930.171
,
2941.141, 2941.144, 2941.145, 2941.146
,
2951.041
,
2953.25, 2953.26
,
2953.31
,
2953.32, 2953.34
,
2953.39
,
2953.61, 4723.28, 4729.16, 4729.56, 4729.57, 4729.96, 4752.09
,
and 5120.035

and to enact sections 2941.1427, 2941.1428,
2941.1429,
2953.311,

2953.321
,
2953.322, and 2953.323

of the Revised Code
to
enact the Repeat Offender Act to create a repeat offender
classification, to create and modify certain firearm specifications,
to increase the penalties for certain firearm offenses and
specifications, to broaden the scope of relief from firearms
disability, and to modify the Sealing and Expungement Law.

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

Section
1.
That
sections
109.11,

109.57,
109.572, 109.578, 109.579, 2151.357
,
2746.02
,
2901.08, 2923.125, 2923.13, 2923.14, 2929.01, 2929.13, 2929.14
,
2929.34, 2930.171
,
2941.141, 2941.144, 2941.145, 2941.146
,
2951.041
,
2953.25, 2953.26
,
2953.31
,
2953.32, 2953.34
,
2953.39
,
2953.61, 4723.28, 4729.16, 4729.56, 4729.57, 4729.96, 4752.09
,
and 5120.035

be amended and sections 2941.1427, 2941.1428,
2941.1429,
2953.311,

2953.321
,
2953.322, and 2953.323

of the Revised Code be enacted to read as follows:

Sec.
109.11.
(A)
There is hereby created in the state treasury the attorney general
reimbursement fund that shall be used for the expenses of the office
of the attorney general in providing legal services and other
services on behalf of the state or any agency or officer thereof.

(B)(1)
All amounts received as reimbursement for legal services and other
services that have been rendered by the office of the attorney
general to the state or any agency or officer thereof shall be paid
into the state treasury to the credit of the attorney general
reimbursement fund.

(2)
All amounts awarded to the office of the attorney general by order or
judgment of a court or as part of a settlement or other compromise of
claims for attorney's fees, investigation costs, document management
costs, expert witness fees, fines, and all other costs and fees
associated with representation provided by the office shall be paid
into the state treasury to the credit of the attorney general
reimbursement fund.

(3)
All amounts paid into the state treasury under division
(D)(3)
(C)(3)

of section 2953.32
,
division (C)(3) of section 2953.322,

or division (B)(3) of section 2953.39 of the Revised Code and that
are required under that division to be credited to the attorney
general reimbursement fund shall be credited to the fund, and the
amounts so credited shall be used by the bureau of criminal
identification and investigation for expenses related to the sealing
or expungement of records.

(C)
When seeking an order or judgment of a court or entering a settlement
agreement or other compromise of claims on behalf of the state or any
agency or officer thereof, the office of the attorney general shall
seek to secure payment of all costs, expenses, and contractual
obligations related to the legal services and other services
provided, including attorney fees owed to special counsel; costs
associated with an investigation, preparation, and presentation of
claims asserted, document management, and depositions; and any fees
or expenses owed to any expert or consulting expert witness. This
division does not apply to matters in which the costs, expenses, and
obligations are to be paid from funds within an available
appropriation of the office or of the agency or officer.

Sec.
109.57.
(A)(1)
The superintendent of the bureau of criminal identification and
investigation shall procure from wherever procurable and file for
record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of all
persons who have been convicted of committing within this state a
felony, any crime constituting a misdemeanor on the first offense and
a felony on subsequent offenses, or any misdemeanor described in
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the
Revised Code, of all children under eighteen years of age who have
been adjudicated delinquent children for committing within this state
an act that would be a felony or an offense of violence if committed
by an adult or who have been convicted of or pleaded guilty to
committing within this state a felony or an offense of violence, and
of all well-known and habitual criminals. The person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution and the person in charge of any state
institution having custody of a person suspected of having committed
a felony, any crime constituting a misdemeanor on the first offense
and a felony on subsequent offenses, or any misdemeanor described in
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the
Revised Code or having custody of a child under eighteen years of age
with respect to whom there is probable cause to believe that the
child may have committed an act that would be a felony or an offense
of violence if committed by an adult shall furnish such material to
the superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this division,
if committed by an adult, has not been adjudicated a delinquent child
for committing an act that would be a felony or an offense of
violence if committed by an adult, has not been convicted of or
pleaded guilty to committing a felony or an offense of violence, and
is not a child with respect to whom there is probable cause to
believe that the child may have committed an act that would be a
felony or an offense of violence if committed by an adult shall not
be procured by the superintendent or furnished by any person in
charge of any county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution, except as authorized in section 2151.313 of
the Revised Code.

(2)
Every clerk of a court of record in this state, other than the
supreme court or a court of appeals, shall send to the superintendent
of the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a misdemeanor on
the first offense and a felony on subsequent offenses, involving a
misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a)
of section 109.572 of the Revised Code, or involving an adjudication
in a case in which a child under eighteen years of age was alleged to
be a delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult. The clerk of the
court of common pleas shall include in the report and summary the
clerk sends under this division all information described in
divisions (A)(2)(a) to (f) of this section regarding a case before
the court of appeals that is served by that clerk. The summary shall
be written on the standard forms furnished by the superintendent
pursuant to division (B) of this section and shall include the
following information:

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

(b)
The style and number of the case;

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

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

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

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

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

(3)
The superintendent shall cooperate with and assist sheriffs, chiefs
of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent offenses,
or a misdemeanor described in division (A)(1)(a), (A)(4)(a), or
(A)(6)(a) of section 109.572 of the Revised Code and of all children
under eighteen years of age arrested or otherwise taken into custody
for committing an act that would be a felony or an offense of
violence if committed by an adult. The superintendent also shall file
for record the fingerprint impressions of all persons confined in a
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution for the violation of state laws and of all
children under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for committing
an act that would be a felony or an offense of violence if committed
by an adult, and any other information that the superintendent may
receive from law enforcement officials of the state and its political
subdivisions.

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

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

(6)
The superintendent shall, upon request, assist a county coroner in
the identification of a deceased person through the use of
fingerprint impressions obtained pursuant to division (A)(1) of this
section or collected pursuant to section 109.572 or 311.41 of the
Revised Code.

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

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

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

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

(4)
The Ohio law enforcement gateway shall contain the name, confidential
address, and telephone number of program participants in the address
confidentiality program established under sections 111.41 to 111.47
of the Revised Code.

(5)
The attorney general may adopt rules under Chapter 119. of the
Revised Code establishing guidelines for the operation of and
participation in the Ohio law enforcement gateway. The rules may
include criteria for granting and restricting access to information
gathered and disseminated through the Ohio law enforcement gateway.
The attorney general shall adopt rules under Chapter 119. of the
Revised Code that grant access to information in the gateway
regarding an address confidentiality program participant under
sections 111.41 to 111.47 of the Revised Code to only chiefs of
police, village marshals, county sheriffs, county prosecuting
attorneys, and a designee of each of these individuals. The attorney
general shall permit an office of a county coroner, the state medical
board, and board of nursing to access and view, but not alter,
information gathered and disseminated through the Ohio law
enforcement gateway.

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

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

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

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

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

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

(E)(1)
The attorney general shall adopt rules, in accordance with Chapter
119. of the Revised Code and subject to division (E)(2) of this
section, setting forth the procedure by which a person may receive or
release information gathered by the superintendent pursuant to
division (A) of this section. A reasonable fee may be charged for
this service. If a temporary employment service submits a request for
a determination of whether a person the service plans to refer to an
employment position has been convicted of or pleaded guilty to an
offense listed or described in division (A)(1), (2), or (3) of
section 109.572 of the Revised Code, the request shall be treated as
a single request and only one fee shall be charged.

(2)
Except as otherwise provided in this division or division (E)(3) or
(4) of this section, a rule adopted under division (E)(1) of this
section may provide only for the release of information gathered
pursuant to division (A) of this section that relates to the
conviction of a person, or a person's plea of guilty to, a criminal
offense or to the arrest of a person as provided in division (E)(3)
of this section. The superintendent shall not release, and the
attorney general shall not adopt any rule under division (E)(1) of
this section that permits the release of, any information gathered
pursuant to division (A) of this section that relates to an
adjudication of a child as a delinquent child, or that relates to a
criminal conviction of a person under eighteen years of age if the
person's case was transferred back to a juvenile court under division
(B)(2) or (3) of section 2152.121 of the Revised Code and the
juvenile court imposed a disposition or serious youthful offender
disposition upon the person under either division, unless either of
the following applies with respect to the adjudication or conviction:

(a)
The adjudication or conviction was for a violation of section 2903.01
or 2903.02 of the Revised Code.

(b)
The adjudication or conviction was for a sexually oriented offense,
the juvenile court was required to classify the child a juvenile
offender registrant for that offense under section 2152.82, 2152.83,
or 2152.86 of the Revised Code, that classification has not been
removed, and the records of the adjudication or conviction have not
been sealed or expunged pursuant to sections 2151.355 to 2151.358 or
sealed or expunged pursuant to section 2953.32
,
2953.321, 2953.322, or 2953.323

of the Revised Code.

(3)
A rule adopted under division (E)(1) of this section may provide for
the release of information gathered pursuant to division (A) of this
section that relates to the arrest of a person who is eighteen years
of age or older when the person has not been convicted as a result of
that arrest if any of the following applies:

(a)
The arrest was made outside of this state.

(b)
A criminal action resulting from the arrest is pending, and the
superintendent confirms that the criminal action has not been
resolved at the time the criminal records check is performed.

(c)
The bureau cannot reasonably determine whether a criminal action
resulting from the arrest is pending, and not more than one year has
elapsed since the date of the arrest.

(4)
A rule adopted under division (E)(1) of this section may provide for
the release of information gathered pursuant to division (A) of this
section that relates to an adjudication of a child as a delinquent
child if not more than five years have elapsed since the date of the
adjudication, the adjudication was for an act that would have been a
felony if committed by an adult, the records of the adjudication have
not been sealed or expunged pursuant to sections 2151.355 to 2151.358
of the Revised Code, and the request for information is made under
division (F) of this section or under section 109.572 of the Revised
Code. In the case of an adjudication for a violation of the terms of
community control or supervised release, the five-year period shall
be calculated from the date of the adjudication to which the
community control or supervised release pertains.

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

(2)(a)
In addition to or in conjunction with any request that is required to
be made under section 109.572, 2151.86, 3301.32, 3301.541, division
(C) of section 3310.58, or section 3319.39, 3319.391, 3327.10,
3740.11, 5103.053, 5104.013, 5123.081, or 5153.111 of the Revised
Code or that is made under section 3314.41, 3319.392, 3326.25, or
3328.20 of the Revised Code, the board of education of any school
district; the director of developmental disabilities; any county
board of developmental disabilities; any provider or subcontractor as
defined in section 5123.081 of the Revised Code; the chief
administrator of any chartered nonpublic school; the chief
administrator of a registered private provider that is not also a
chartered nonpublic school; the chief administrator of any home
health agency; the chief administrator of or person operating any
child care center, type A family child care home, or type B family
child care home licensed under Chapter 5104. of the Revised Code; the
chief administrator of or person operating any authorized private
before and after school care program; the chief administrator of any
head start agency; the executive director of a public children
services agency; the operator of a residential facility, as defined
in section 2151.46 of the Revised Code; a private company described
in section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised
Code; or an employer described in division (J)(2) of section 3327.10
of the Revised Code may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied for employment in any position after October 2, 1989, or any
individual wishing to apply for employment with a board of education
may request, with regard to the individual, whether the bureau has
any information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, subject to
division (E)(2) of this section, the superintendent shall determine
whether that information exists and, upon request of the person,
board, or entity requesting information, also shall request from the
federal bureau of investigation any criminal records it has
pertaining to that individual. The superintendent or the
superintendent's designee also may request criminal history records
from other states or the federal government pursuant to the national
crime prevention and privacy compact set forth in section 109.571 of
the Revised Code. Within thirty days of the date that the
superintendent receives a request, subject to division (E)(2) of this
section, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent determines
exists, including information contained in records that have been
sealed under section 2953.32

or 2953.321

of the Revised Code, and, within thirty days of its receipt, subject
to division (E)(2) of this section, shall send the board, entity, or
person a report of any information received from the federal bureau
of investigation, other than information the dissemination of which
is prohibited by federal law.

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

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

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

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

(G)
In addition to or in conjunction with any request that is required to
be made under section 3712.09, 3721.121, or 3740.11 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult or
adult resident, the chief administrator of a home health agency,
hospice care program, home licensed under Chapter 3721. of the
Revised Code, or adult day-care program operated pursuant to rules
adopted under section 3721.04 of the Revised Code may request that
the superintendent of the bureau investigate and determine, with
respect to any individual who has applied after January 27, 1997, for
employment in a position that does not involve providing direct care
to an older adult or adult resident, whether the bureau has any
information gathered under division (A) of this section that pertains
to that individual.

In
addition to or in conjunction with any request that is required to be
made under section 173.27 of the Revised Code with respect to an
individual who has applied for employment in a position that involves
providing ombudsman services to residents of long-term care
facilities or recipients of community-based long-term care services,
the state long-term care ombudsman, the director of aging, a regional
long-term care ombudsman program, or the designee of the ombudsman,
director, or program may request that the superintendent investigate
and determine, with respect to any individual who has applied for
employment in a position that does not involve providing such
ombudsman services, whether the bureau has any information gathered
under division (A) of this section that pertains to that applicant.

In
addition to or in conjunction with any request that is required to be
made under section 173.38 of the Revised Code with respect to an
individual who has applied for employment in a direct-care position,
the chief administrator of a provider, as defined in section 173.39
of the Revised Code, may request that the superintendent investigate
and determine, with respect to any individual who has applied for
employment in a position that is not a direct-care position, whether
the bureau has any information gathered under division (A) of this
section that pertains to that applicant.

In
addition to or in conjunction with any request that is required to be
made under section 3712.09 of the Revised Code with respect to an
individual who has applied for employment in a position that involves
providing direct care to a pediatric respite care patient, the chief
administrator of a pediatric respite care program may request that
the superintendent of the bureau investigate and determine, with
respect to any individual who has applied for employment in a
position that does not involve providing direct care to a pediatric
respite care patient, whether the bureau has any information gathered
under division (A) of this section that pertains to that individual.

On
receipt of a request under this division, the superintendent shall
determine whether that information exists and, on request of the
individual requesting information, shall also request from the
federal bureau of investigation any criminal records it has
pertaining to the applicant. The superintendent or the
superintendent's designee also may request criminal history records
from other states or the federal government pursuant to the national
crime prevention and privacy compact set forth in section 109.571 of
the Revised Code. Within thirty days of the date a request is
received, subject to division (E)(2) of this section, the
superintendent shall send to the requester a report of any
information determined to exist, including information contained in
records that have been sealed under section 2953.32
or
2953.321
of
the Revised Code, and, within thirty days of its receipt, shall send
the requester a report of any information received from the federal
bureau of investigation, other than information the dissemination of
which is prohibited by federal law.

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

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

(J)
As used in this section:

(1)
"Pediatric respite care program" and "pediatric care
patient" have the same meanings as in section 3712.01 of the
Revised Code.

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

(3)
"Registered private provider" means a nonpublic school or
entity registered with the department of education and workforce
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code to
participate in the Jon Peterson special needs scholarship program.

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

(a)
A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,
2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2923.17, 2923.21, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041,
2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31,
2925.32, 2925.36, 2925.37, or 3716.11 of the Revised Code, felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code, a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, or a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense;

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

(c)
If the request is made pursuant to section 3319.39 of the Revised
Code for an applicant who is a teacher, any offense specified under
section 9.79 of the Revised Code or in section 3319.31 of the Revised
Code.

(2)
On receipt of a request pursuant to section 3712.09 or 3721.121 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect to
any person who has applied for employment in a position for which a
criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any of the following:

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

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

(3)
On receipt of a request pursuant to section 173.27, 173.38, 173.381,
3740.11, 5119.34, 5164.34, 5164.341, 5164.342, 5123.081, or 5123.169
of the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check of the person
for whom the request is made. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of, has pleaded guilty to, or (except
in the case of a request pursuant to section 5164.34, 5164.341, or
5164.342 of the Revised Code) has been found eligible for
intervention in lieu of conviction for any of the following,
regardless of the date of the conviction, the date of entry of the
guilty plea, or (except in the case of a request pursuant to section
5164.34, 5164.341, or 5164.342 of the Revised Code) the date the
person was found eligible for intervention in lieu of conviction:

(a)
A violation of section 959.13, 959.131, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22, 2903.34, 2903.341, 2905.01, 2905.02,
2905.05, 2905.11, 2905.12, 2905.32, 2905.33, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22,
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31,
2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441,
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01,
2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.124,
2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12,
2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35,
2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161,
2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14,
2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or
3716.11 of the Revised Code;

(b)
Felonious sexual penetration in violation of former section 2907.12
of the Revised Code;

(c)
A violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996;

(d)
A violation of section 2923.01, 2923.02, or 2923.03 of the Revised
Code when the underlying offense that is the object of the
conspiracy, attempt, or complicity is one of the offenses listed in
divisions (A)(3)(a) to (c) of this section;

(e)
A violation of an existing or former municipal ordinance or law of
this state, any other state, or the United States that is
substantially equivalent to any of the offenses listed in divisions
(A)(3)(a) to (d) of this section.

(4)
On receipt of a request pursuant to section 2151.86, 2151.904, or
5103.053 of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any of the following:

(a)
A violation of section 959.13, 2151.421, 2903.01, 2903.02, 2903.03,
2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13,
2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.32, 2903.34,
2905.01, 2905.02, 2905.05, 2905.32, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2923.17,
2923.21, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06,
2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36,
2925.37, 2927.12, or 3716.11 of the Revised Code, a violation of
section 2905.04 of the Revised Code as it existed prior to July 1,
1996, a violation of section 2919.23 of the Revised Code that would
have been a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, had the violation been committed prior
to that date, a violation of section 2925.11 of the Revised Code that
is not a minor drug possession offense, two or more OVI or OVUAC
violations committed within the three years immediately preceding the
submission of the application or petition that is the basis of the
request, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code, or a violation of Chapter 2919.
of the Revised Code that is a felony;

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

(5)
Upon receipt of a request pursuant to section 5104.013 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request has been
convicted of or pleaded guilty to any of the following:

(a)
A violation of section 2151.421, 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34,
2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2917.01,
2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225,
2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.14, 2921.34,
2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious
sexual penetration in violation of former section 2907.12 of the
Revised Code, a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of section
2925.11 of the Revised Code that is not a minor drug possession
offense, a violation of section 2923.02 or 2923.03 of the Revised
Code that relates to a crime specified in this division, or a second
violation of section 4511.19 of the Revised Code within five years of
the date of application for licensure or certification.

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses or violations described in division (A)(5)(a) of this
section.

(6)
Upon receipt of a request pursuant to section 5153.111 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:

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

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

(7)
On receipt of a request for a criminal records check from an
individual pursuant to section 4749.03 or 4749.06 of the Revised
Code, accompanied by a completed copy of the form prescribed in
division (C)(1) of this section and a set of fingerprint impressions
obtained in a manner described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists indicating that the person who is the subject of
the request has been convicted of or pleaded guilty to any criminal
offense in this state or in any other state. If the individual
indicates that a firearm will be carried in the course of business,
the superintendent shall require information from the federal bureau
of investigation as described in division (B)(2) of this section.
Subject to division (F) of this section, the superintendent shall
report the findings of the criminal records check and any information
the federal bureau of investigation provides to the director of
public safety.

(8)
On receipt of a request pursuant to section 1321.37, 1321.53, or
4763.05 of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner described in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect to
any person who has applied for a license, permit, or certification
from the department of commerce or a division in the department. The
superintendent shall conduct the criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any criminal offense in this state, any other state, or the United
States.

(9)
On receipt of a request for a criminal records check from the
treasurer of state under section 113.041 of the Revised Code or from
an individual under section 928.03, 4701.08, 4715.101, 4717.061,
4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20,
4751.201, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032,
4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021,
4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code,
accompanied by a completed form prescribed under division (C)(1) of
this section and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request has been convicted of or pleaded guilty to any
criminal offense in this state or any other state. Subject to
division (F) of this section, the superintendent shall send the
results of a check requested under section 113.041 of the Revised
Code to the treasurer of state and shall send the results of a check
requested under any of the other listed sections to the licensing
board specified by the individual in the request.

(10)
On receipt of a request pursuant to section 124.74, 718.131, 1121.23,
1315.141, 1733.47, or 1761.26 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any criminal offense under any
existing or former law of this state, any other state, or the United
States.

(11)
On receipt of a request for a criminal records check from an
appointing or licensing authority under section 3772.07 of the
Revised Code, a completed form prescribed under division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner prescribed in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty or
no contest to any offense under any existing or former law of this
state, any other state, or the United States that makes the person
ineligible for appointment or retention under section 3772.07 of the
Revised Code or that is a disqualifying offense as defined in that
section or substantially equivalent to a disqualifying offense, as
applicable.

(12)
On receipt of a request pursuant to section 2151.33 or 2151.412 of
the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect to
any person for whom a criminal records check is required under that
section. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to determine
whether any information exists that indicates that the person who is
the subject of the request previously has been convicted of or
pleaded guilty to any of the following:

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

(b)
An existing or former law of this state, any other state, or the
United States that is substantially equivalent to any of the offenses
listed in division (A)(12)(a) of this section.

(13)
On receipt of a request pursuant to section 3796.12 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in a manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to a disqualifying
offense as specified in rules adopted under section 9.79 and division
(B)(2)(b) of section 3796.03 of the Revised Code if the person who is
the subject of the request is an administrator or other person
responsible for the daily operation of, or an owner or prospective
owner, officer or prospective officer, or board member or prospective
board member of, an entity seeking a license from the department of
commerce under Chapter 3796. of the Revised Code.

(14)
On receipt of a request required by section 3796.13 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in a manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to a disqualifying
offense as specified in rules adopted under division (B)(14)(a) of
section 3796.03 of the Revised Code if the person who is the subject
of the request is seeking employment with an entity licensed by the
department of commerce under Chapter 3796. of the Revised Code.

(15)
On receipt of a request pursuant to section 4768.06 of the Revised
Code, a completed form prescribed under division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section to determine whether any information exists indicating
that the person who is the subject of the request has been convicted
of or pleaded guilty to any criminal offense in this state or in any
other state.

(16)
On receipt of a request pursuant to division (B) of section 4764.07
or division (A) of section 4735.143 of the Revised Code, a completed
form prescribed under division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists indicating that the person
who is the subject of the request has been convicted of or pleaded
guilty to any criminal offense in any state or the United States.

(17)
On receipt of a request for a criminal records check under section
147.022 of the Revised Code, a completed form prescribed under
division (C)(1) of this section, and a set of fingerprint impressions
obtained in the manner prescribed in division (C)(2) of this section,
the superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty or
no contest to any criminal offense under any existing or former law
of this state, any other state, or the United States.

(18)
Upon receipt of a request pursuant to division (F) of section
2915.081 or division (E) of section 2915.082 of the Revised Code, a
completed form prescribed under division (C)(1) of this section, and
a set of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this section
to determine whether any information exists indicating that the
person who is the subject of the request has been convicted of or
pleaded guilty or no contest to any offense that is a violation of
Chapter 2915. of the Revised Code or to any offense under any
existing or former law of this state, any other state, or the United
States that is substantially equivalent to such an offense.

(19)
On receipt of a request pursuant to section 3775.03 of the Revised
Code, a completed form prescribed under division (C)(1) of this
section, and a set of fingerprint impressions obtained in the manner
described in division (C)(2) of this section, the superintendent of
the bureau of criminal identification and investigation shall conduct
a criminal records check in the manner described in division (B) of
this section and shall request information from the federal bureau of
investigation to determine whether any information exists indicating
that the person who is the subject of the request has been convicted
of any offense under any existing or former law of this state, any
other state, or the United States that is a disqualifying offense as
defined in section 3772.07 of the Revised Code.

(B)
Subject to division (F) of this section, the superintendent shall
conduct any criminal records check to be conducted under this section
as follows:

(1)
The superintendent shall review or cause to be reviewed any relevant
information gathered and compiled by the bureau under division (A) of
section 109.57 of the Revised Code that relates to the person who is
the subject of the criminal records check, including, if the criminal
records check was requested under section 113.041, 121.08, 124.74,
173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37,
1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,
3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13,
4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05,
4764.07, 4768.06, 5103.053, 5104.013, 5164.34, 5164.341, 5164.342,
5123.081, 5123.169, or 5153.111 of the Revised Code, any relevant
information contained in records that have been sealed under section
2953.32

or 2953.321

of the Revised Code;

(2)
If the request received by the superintendent asks for information
from the federal bureau of investigation, the superintendent shall
request from the federal bureau of investigation any information it
has with respect to the person who is the subject of the criminal
records check, including fingerprint-based checks of national crime
information databases as described in 42 U.S.C. 671 if the request is
made pursuant to section 2151.86, 5103.053, or 5104.013 of the
Revised Code or if any other Revised Code section requires
fingerprint-based checks of that nature, and shall review or cause to
be reviewed any information the superintendent receives from that
bureau. If a request under section 3319.39 of the Revised Code asks
only for information from the federal bureau of investigation, the
superintendent shall not conduct the review prescribed by division
(B)(1) of this section.

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

(4)
The superintendent shall include in the results of the criminal
records check a list or description of the offenses listed or
described in the relevant provision of division (A) of this section.
The superintendent shall exclude from the results any information the
dissemination of which is prohibited by federal law.

(5)
The superintendent shall send the results of the criminal records
check to the person to whom it is to be sent not later than the
following number of days after the date the superintendent receives
the request for the criminal records check, the completed form
prescribed under division (C)(1) of this section, and the set of
fingerprint impressions obtained in the manner described in division
(C)(2) of this section:

(a)
If the superintendent is required by division (A) of this section
(other than division (A)(3) of this section) to conduct the criminal
records check, thirty;

(b)
If the superintendent is required by division (A)(3) of this section
to conduct the criminal records check, sixty.

(C)(1)
The superintendent shall prescribe a form to obtain the information
necessary to conduct a criminal records check from any person for
whom a criminal records check is to be conducted under this section.
The form that the superintendent prescribes pursuant to this division
may be in a tangible format, in an electronic format, or in both
tangible and electronic formats.

(2)
The superintendent shall prescribe standard impression sheets to
obtain the fingerprint impressions of any person for whom a criminal
records check is to be conducted under this section. Any person for
whom a records check is to be conducted under this section shall
obtain the fingerprint impressions at a county sheriff's office,
municipal police department, or any other entity with the ability to
make fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or entity
may charge the person a reasonable fee for making the impressions.
The standard impression sheets the superintendent prescribes pursuant
to this division may be in a tangible format, in an electronic
format, or in both tangible and electronic formats.

(3)
Subject to division (D) of this section, the superintendent shall
prescribe and charge a reasonable fee for providing a criminal
records check under this section. The person requesting the criminal
records check shall pay the fee prescribed pursuant to this division.
In the case of a request under section 1121.23, 1155.03, 1163.05,
1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the
Revised Code, the fee shall be paid in the manner specified in that
section.

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

(D)
The results of a criminal records check conducted under this section,
other than a criminal records check specified in division (A)(7) of
this section, are valid for the person who is the subject of the
criminal records check for a period of one year from the date upon
which the superintendent completes the criminal records check. If
during that period the superintendent receives another request for a
criminal records check to be conducted under this section for that
person, the superintendent shall provide the results from the
previous criminal records check of the person at a lower fee than the
fee prescribed for the initial criminal records check.

(E)
When the superintendent receives a request for information from a
registered private provider, the superintendent shall proceed as if
the request was received from a school district board of education
under section 3319.39 of the Revised Code. The superintendent shall
apply division (A)(1)(c) of this section to any such request for an
applicant who is a teacher.

(F)(1)
Subject to division (F)(2) of this section, all information regarding
the results of a criminal records check conducted under this section
that the superintendent reports or sends under division (A)(7) or (9)
of this section to the director of public safety, the treasurer of
state, or the person, board, or entity that made the request for the
criminal records check shall relate to the conviction of the subject
person, or the subject person's plea of guilty to, a criminal
offense.

(2)
Division (F)(1) of this section does not limit, restrict, or preclude
the superintendent's release of information that relates to the
arrest of a person who is eighteen years of age or older, to an
adjudication of a child as a delinquent child, or to a criminal
conviction of a person under eighteen years of age in circumstances
in which a release of that nature is authorized under division
(E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to
a rule adopted under division (E)(1) of that section.

(G)
As used in this section:

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

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

(3)
"OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or former
law of this state, any other state, or the United States that is
substantially equivalent to section 4511.19 of the Revised Code.

(4)
"Registered private provider" means a nonpublic school or
entity registered with the department of education and workforce
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code to
participate in the Jon Peterson special needs scholarship program.

Sec.
109.578.
(A)
On receipt of a request pursuant to section 505.381, 737.081,
737.221, or 4765.301 of the Revised Code, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:

(1)
A felony;

(2)
A violation of section 2909.03 of the Revised Code;

(3)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses listed in division (A)(1) or (2) of this section.

(B)
Subject to division (E) of this section, the superintendent shall
conduct any criminal records check pursuant to division (A) of this
section as follows:

(1)
The superintendent shall review or cause to be reviewed any relevant
information gathered and compiled by the bureau under division (A) of
section 109.57 of the Revised Code that relates to the person who is
the subject of the request, including any relevant information
contained in records that have been sealed under section 2953.32
or
2953.321
of
the Revised Code.

(2)
If the request received by the superintendent asks for information
from the federal bureau of investigation, the superintendent shall
request from the federal bureau of investigation any information it
has with respect to the person who is the subject of the request and
shall review or cause to be reviewed any information the
superintendent receives from that bureau.

(C)(1)
The superintendent shall prescribe a form to obtain the information
necessary to conduct a criminal records check from any person for
whom a criminal records check is requested pursuant to section
505.381, 737.081, 737.221, or 4765.301 of the Revised Code. The form
that the superintendent prescribes pursuant to this division may be
in a tangible format, in an electronic format, or in both tangible
and electronic formats.

(2)
The superintendent shall prescribe standard impression sheets to
obtain the fingerprint impressions of any person for whom a criminal
records check is requested pursuant to section 505.381, 737.081,
737.221, or 4765.301 of the Revised Code. Any person for whom a
records check is requested pursuant to any of those sections shall
obtain the fingerprint impressions at a county sheriff's office, a
municipal police department, or any other entity with the ability to
make fingerprint impressions on the standard impression sheets
prescribed by the superintendent. The office, department, or entity
may charge the person a reasonable fee for making the impressions.
The standard impression sheets the superintendent prescribes pursuant
to this division may be in a tangible format, in an electronic
format, or in both tangible and electronic formats.

(3)
Subject to division (D) of this section, the superintendent shall
prescribe and charge a reasonable fee for providing a criminal
records check requested under section 505.381, 737.081, 737.221, or
4765.301 of the Revised Code. The person making the criminal records
request shall pay the fee prescribed pursuant to this division.

(4)
The superintendent may prescribe methods of forwarding fingerprint
impressions and information necessary to conduct a criminal records
check. The methods shall include, but are not limited to, an
electronic method.

(D)
A determination whether any information exists that indicates that a
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A) of this section and that
the superintendent made with respect to information considered in a
criminal records check in accordance with this section is valid for
the person who is the subject of the criminal records check for a
period of one year from the date upon which the superintendent makes
the determination. During the period in which the determination in
regard to a person is valid, if another request under this section is
made for a criminal records check for that person, the superintendent
shall provide the information that is the basis for the
superintendent's initial determination at a lower fee than the fee
prescribed for the initial criminal records check.

(E)(1)
Subject to division (E)(2) of this section, all information regarding
the results of a criminal records check conducted under this section
that the superintendent reports or sends under this section to the
person, board, or entity that made the request for the criminal
records check shall relate to the conviction of the subject person,
or the subject person's plea of guilty to, a criminal offense.

(2)
Division (E)(1) of this section does not limit, restrict, or preclude
the superintendent's release of information that relates to the
arrest of a person who is eighteen years of age or older, to an
adjudication of a child as a delinquent child, or to a criminal
conviction of a person under eighteen years of age in circumstances
in which a release of that nature is authorized under division
(E)(2), (3), or (4) of section 109.57 of the Revised Code pursuant to
a rule adopted under division (E)(1) of that section.

(F)
As used in this section, "criminal records check" means any
criminal records check conducted by the superintendent of the bureau
of criminal identification and investigation in accordance with
division (B) of this section.

Sec.
109.579.
(A)
On receipt of a request pursuant to division (B) of section 4123.444
of the Revised Code, a completed form prescribed pursuant to division
(C)(1) of this section, and a set of fingerprint impressions obtained
in the manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the subject
of the request previously has been convicted of or pleaded guilty to
any criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money laundering,
drug trafficking, or any criminal offense involving money or
securities, as set forth in Chapters 2909., 2911., 2913., 2915.,
2921., 2923., and 2925. of the Revised Code or other law of this
state, or the laws of any other state or of the United States that
are substantially equivalent to those offenses.

(B)
The superintendent shall conduct a criminal records check pursuant to
division (A) of this section as follows:

(1)
The superintendent shall review or cause to be reviewed any relevant
information gathered and compiled by the bureau under division (A) of
section 109.57 of the Revised Code that relates to the person who is
the subject of the request, including any relevant information
contained in records that have been sealed under section 2953.32
or
2953.321
of
the Revised Code.

(2)
If the request received by the superintendent asks for information
from the federal bureau of investigation, the superintendent shall
request from the federal bureau of investigation any information it
has with respect to the person who is the subject of the request. The
superintendent shall review or cause to be reviewed any information
that the superintendent receives from the federal bureau of
investigation.

(3)
The superintendent shall forward the results of a criminal records
check conducted pursuant to this division to the administrator of
workers' compensation.

(C)(1)
The superintendent shall prescribe a form to obtain the information
necessary to conduct a criminal records check from any person for
whom a criminal records check is requested pursuant to division (B)
of section 4123.444 of the Revised Code. The form that the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.

(2)
The superintendent shall prescribe standard impression sheets to
obtain the fingerprint impressions of any person for whom a criminal
records check is requested pursuant to section 4123.444 of the
Revised Code. Any person for whom the administrator requests the
superintendent to conduct a criminal records check pursuant to that
section shall have the person's fingerprint impressions made at a
county sheriff's office, a municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable fee
for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.

(3)
The superintendent may prescribe methods of forwarding fingerprint
impressions and information necessary to conduct a criminal records
check. The methods shall include, but are not limited to, electronic
methods.

(D)
A determination whether any information exists that indicates that a
person previously has been convicted of or pleaded guilty to any
offense listed or described in division (A) of this section that the
superintendent makes pursuant to information considered in a criminal
records check under this section is valid for the person who is the
subject of that criminal records check for a period of one year after
the date the superintendent makes that determination.

(E)
The superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section 4123.444
of the Revised Code. If another request for a criminal records check
is made under this section for a person for whom a valid
determination under division (D) of this section is available, the
superintendent shall provide the determination for a reduced fee.

Sec.
2151.357.
(A)
If the court orders the records of a person sealed pursuant to
section 2151.356 of the Revised Code, the person who is subject of
the order properly may, and the court shall, reply that no record
exists with respect to the person upon any inquiry in the matter, and
the court, except as provided in division (D) of this section, shall
do all of the following:

(1)
Order that the proceedings in a case described in divisions (B) and
(C) of section 2151.356 of the Revised Code be deemed never to have
occurred;

(2)
Except as provided in division (C) of this section, delete all index
references to the case and the person so that the references are
permanently irretrievable;

(3)
Order that all original records of the case maintained by any public
office or agency, except fingerprints held by a law enforcement
agency, DNA specimens collected pursuant to section 2152.74 of the
Revised Code, and DNA records derived from DNA specimens pursuant to
section 109.573 of the Revised Code, be delivered to the court;

(4)
Order each public office or agency, upon the delivering of records to
the court under division (A)(3) of this section, to expunge remaining
records of the case that are the subject of the sealing order that
are maintained by that public office or agency, except fingerprints,
DNA specimens, and DNA records described under division (A)(3) of
this section;

(5)
Send notice of the order to seal to any public office or agency that
the court has reason to believe may have a record of the sealed
record including, but not limited to, the bureau of criminal
identification and investigation;

(6)
Seal all of the records delivered to the court under division (A)(3)
of this section, in a separate file in which only sealed records are
maintained.

(B)
Except as provided in division (D) of this section, an order to seal
under section 2151.356 of the Revised Code applies to every public
office or agency that has a record relating to the case, regardless
of whether it receives notice of the hearing on the sealing of the
record or a copy of the order. Except as provided in division (D) of
this section, upon the written request of a person whose record has
been sealed and the presentation of a copy of the order and
compliance with division (A)(3) of this section, a public office or
agency shall expunge its record relating to the case, except a record
of the adjudication or arrest or taking into custody that is
maintained for compiling statistical data and that does not contain
any reference to the person who is the subject of the order.

(C)
The court that maintains sealed records pursuant to this section may
maintain a manual or computerized index of the sealed records and
shall make the index available only for the purposes set forth in
division (E) of this section.

(1)
Each entry regarding a sealed record in the index of sealed records
shall contain all of the following:

(a)
The name of the person who is the subject of the sealed record;

(b)
An alphanumeric identifier relating to the person who is the subject
of the sealed record;

(c)
The word "sealed";

(d)
The name of the court that has custody of the sealed record.

(2)
Any entry regarding a sealed record in the index of sealed records
shall not contain either of the following:

(a)
The social security number of the person who is subject of the sealed
record;

(b)
The name or a description of the act committed.

(D)
Notwithstanding any provision of this section that requires
otherwise, a board of education of a city, local, exempted village,
or joint vocational school district that maintains records of an
individual who has been permanently excluded under sections 3301.121
and 3313.662 of the Revised Code is permitted to maintain records
regarding an adjudication that the individual is a delinquent child
that was used as the basis for the individual's permanent exclusion,
regardless of a court order to seal the record. An order issued under
section 2151.356 of the Revised Code to seal the record of an
adjudication that an individual is a delinquent child does not revoke
the adjudication order of the director of education and workforce to
permanently exclude the individual who is the subject of the sealing
order. An order to seal the record of an adjudication that an
individual is a delinquent child may be presented to a district
superintendent as evidence to support the contention that the
superintendent should recommend that the permanent exclusion of the
individual who is the subject of the sealing order be revoked. Except
as otherwise authorized by this division and sections 3301.121 and
3313.662 of the Revised Code, any school employee in possession of or
having access to the sealed adjudication records of an individual
that were the basis of a permanent exclusion of the individual is
subject to division (F) of this section.

(E)
Inspection of records that have been ordered sealed under section
2151.356 of the Revised Code may be made only by the following
persons or for the following purposes:

(1)
By the court;

(2)
If the records in question pertain to an act that would be an offense
of violence that would be a felony if committed by an adult, by any
law enforcement officer or any prosecutor, or the assistants of a law
enforcement officer or prosecutor, for any valid law enforcement or
prosecutorial purpose;

(3)
Upon application by the person who is the subject of the sealed
records, by the person that is named in that application;

(4)
If the records in question pertain to an alleged violation of
division (E)(1) of section 4301.69 of the Revised Code, by any law
enforcement officer or any prosecutor, or the assistants of a law
enforcement officer or prosecutor, for the purpose of determining
whether the person is eligible for diversion under division (E)(2) of
section 4301.69 of the Revised Code;

(5)
At the request of a party in a civil action that is based on a case
the records for which are the subject of a sealing order issued under
section 2151.356 of the Revised Code, as needed for the civil action.
The party also may copy the records as needed for the civil action.
The sealed records shall be used solely in the civil action and are
otherwise confidential and subject to the provisions of this section;

(6)
By the attorney general or an authorized employee of the attorney
general or the court for purposes of determining whether a child is a
public registry-qualified juvenile offender registrant, as defined in
section 2950.01 of the Revised Code, for purposes of Chapter 2950. of
the Revised Code.

(F)
No officer or employee of the state or any of its political
subdivisions shall knowingly release, disseminate, or make available
for any purpose involving employment, bonding, licensing, or
education to any person or to any department, agency, or other
instrumentality of the state or of any of its political subdivisions
any information or other data concerning any arrest, taking into
custody, complaint, indictment, information, trial, hearing,
adjudication, or correctional supervision, the records of which have
been sealed pursuant to section 2151.356 of the Revised Code and the
release, dissemination, or making available of which is not expressly
permitted by this section. Whoever violates this division is guilty
of divulging confidential information, a misdemeanor of the fourth
degree.

(G)
In any application for employment, license, or other right or
privilege, any appearance as a witness, or any other inquiry, a
person may not be questioned with respect to any arrest or taking
into custody for which the records were sealed. If an inquiry is made
in violation of this division, the person may respond as if the
sealed arrest or taking into custody did not occur, and the person
shall not be subject to any adverse action because of the arrest or
taking into custody or the response.

(H)
The judgment rendered by the court under this chapter shall not
impose any of the civil disabilities ordinarily imposed by conviction
of a crime in that the child is not a criminal by reason of the
adjudication, and no child shall be charged with or convicted of a
crime in any court except as provided by this chapter. The
disposition of a child under the judgment rendered or any evidence
given in court shall not operate to disqualify a child in any future
civil service examination, appointment, or application. Evidence of a
judgment rendered and the disposition of a child under the judgment
is not admissible to impeach the credibility of the child in any
action or proceeding. Otherwise, the disposition of a child under the
judgment rendered or any evidence given in court is admissible as
evidence for or against the child in any action or proceeding in any
court in accordance with the Rules of Evidence and also may be
considered by any court as to the matter of sentence or to the
granting of probation, and a court may consider the judgment rendered
and the disposition of a child under that judgment for purposes of
determining whether the child, for a future criminal conviction or
guilty plea, is a repeat violent offender

or a repeat offender
,
as defined in section 2929.01 of the Revised Code.

Sec.
2746.02.
A
court of record of this state shall tax as costs or otherwise require
the payment of fees for the following services rendered, as
compensation for the following persons, or as part of the sentence
imposed by the court, or any other of the following fees that are
applicable in a particular case:

(A)
In a felony case, financial sanctions, as provided in section 2929.18
of the Revised Code;

(B)
In any criminal case, the costs of prosecution, as provided in
section 2947.23 of the Revised Code;

(C)
In a misdemeanor case in which the offender is sentenced to a jail
term, the local detention facility is covered by a policy adopted by
the facility's governing authority requiring reimbursement for the
costs of confinement, and the offender is presented with an itemized
bill pursuant to section 2929.37 of the Revised Code for such costs,
the costs of confinement, as provided in section 2929.24 of the
Revised Code;

(D)
In a case in which an offender is sentenced for endangering children
in violation of section 2919.22 of the Revised Code, the costs of the
offender's supervised community service work, as provided in section
2919.22 of the Revised Code;

(E)
In a case in which a defendant is charged with any of certain sexual
assault or prostitution-related offenses and is found to have a
venereal disease in an infectious stage, the cost of medical
treatment, as provided in section 2907.27 of the Revised Code;

(F)
In a case in which a defendant is charged with harassment with a
bodily substance, the cost of medical testing, as provided in section
2921.38 of the Revised Code;

(G)
In a case in which a defendant is charged with violating a protection
order in violation of section 2919.27 of the Revised Code or of a
municipal ordinance that is substantially similar to that section,
the costs of any evaluation and preceding examination of the
defendant, as provided in section 2919.271 of the Revised Code;

(H)
Presentence psychological or psychiatric reports, as provided in
section 2947.06 of the Revised Code;

(I)
In a criminal proceeding, the taking of a deposition of a person who
is imprisoned in a detention facility or state correctional
institution within this state or who is in the custody of the
department of youth services, as provided in section 2945.47 of the
Revised Code;

(J)
In a case in which a person is convicted of or pleads guilty to any
offense other than a parking violation or in which a child is found
to be a delinquent child or a juvenile traffic offender for an act
that, if committed by an adult, would be an offense other than a
parking violation, additional costs and bail, if applicable, as
provided in sections 2743.70 and 2949.091 of the Revised Code, but
subject to waiver as provided in section 2949.092 of the Revised
Code;

(K)
In a case in which a person is convicted of or pleads guilty to a
moving violation or in which a child is found to be a juvenile
traffic offender for an act which, if committed by an adult, would be
a moving violation, additional costs and bail, if applicable, as
provided in sections 2949.093 and 2949.094 of the Revised Code, but
subject to waiver as provided in section 2949.092 of the Revised
Code;

(L)
In a case in which a defendant is convicted of abandoning a junk
vessel or outboard motor without notifying the appropriate law
enforcement officer, the cost incurred by the state or a political
subdivision in disposing of the vessel or motor, as provided in
section 1547.99 of the Revised Code;

(M)
The costs of electronic monitoring in the following cases:

(1)
In a misdemeanor case in which the offender is convicted of any of
certain prostitution-related offenses and a specification under
section 2941.1421 of the Revised Code, as provided in section 2929.24
of the Revised Code;

(2)
In a case in which the court issues a criminal protection order
against a minor upon a petition alleging that the respondent
committed any of certain assault, menacing, or trespass offenses, a
sexually oriented offense, or an offense under a municipal ordinance
that is substantially equivalent to any of those offenses, as
provided in section 2151.34 of the Revised Code;

(3)
In a case in which the court issues a protection order against an
adult upon a petition alleging that the respondent committed menacing
by stalking or a sexually oriented offense, as provided in section
2903.214 of the Revised Code;

(4)
In a case in which an offender is convicted of violating a protection
order, as provided in section 2919.27 of the Revised Code;

(5)
In a case in which the offender is convicted of any sexually oriented
offense and is a tier III sex offender/child-victim offender relative
to that offense, as provided in section 2929.13 of the Revised Code.

(N)
In a proceeding for post-conviction relief, a transcript, as provided
in section 2953.21 of the Revised Code;

(O)
In a proceeding for the sealing or expungement of a conviction
record, the fees provided for in section 2953.32
,
2953.322,

or 2953.39 of the Revised Code.

Sec.
2901.08.
(A)
If a person is alleged to have committed an offense and if the person
previously has been adjudicated a delinquent child or juvenile
traffic offender for a violation of a law or ordinance, except as
provided in division (B) of this section, the adjudication as a
delinquent child or as a juvenile traffic offender is a conviction
for a violation of the law or ordinance for purposes of determining
the offense with which the person should be charged and, if the
person is convicted of or pleads guilty to an offense, the sentence
to be imposed upon the person relative to the conviction or guilty
plea.

(B)
A previous adjudication of a person as a delinquent child or juvenile
traffic offender for a violation of a law or ordinance is not a
conviction for a violation of the law or ordinance for purposes of
determining any of the following:

(1)
Whether the person is a repeat violent offender, as defined in
section 2929.01 of the Revised Code, or whether the person should be
sentenced as a repeat violent offender under division (B)(2) of
section 2929.14 and section 2941.149 of the Revised Code;

(2)
Whether the person is a violent career criminal as defined in section
2923.132 of the Revised Code, whether the person has committed
unlawful use of a weapon by a violent career criminal in violation of
section 2923.132 of the Revised Code or should be sentenced for that
offense under that section, or whether the person should be sentenced
under division (K) of section 2929.14 of the Revised Code as a
violent career criminal who had a firearm on or about the person's
person or under the person's control while committing a violent
felony offense and displayed or brandished the firearm, indicated
that the offender possessed a firearm, or used the firearm to
facilitate the offense
;

(3)
Whether the person is a repeat offender, as defined in section
2929.01 of the Revised Code, or whether the person should be
sentenced as a repeat offender under division (B)(12) of section
2929.14 and section 2941.1427 of the Revised Code
.

Sec.
2923.125.
It
is the intent of the general assembly that Ohio concealed handgun
license law be compliant with the national instant criminal
background check system, that the bureau of alcohol, tobacco,
firearms, and explosives is able to determine that Ohio law is
compliant with the national instant criminal background check system,
and that no person shall be eligible to receive a concealed handgun
license permit under section 2923.125 or 2923.1213 of the Revised
Code unless the person is eligible lawfully to receive or possess a
firearm in the United States.

(A)
This section applies with respect to the application for and issuance
by this state of concealed handgun licenses other than concealed
handgun licenses on a temporary emergency basis that are issued under
section 2923.1213 of the Revised Code. Upon the request of a person
who wishes to obtain a concealed handgun license with respect to
which this section applies or to renew a concealed handgun license
with respect to which this section applies, a sheriff, as provided in
division (I) of this section, shall provide to the person free of
charge an application form and the web site address at which a
printable version of the application form that can be downloaded and
the pamphlet described in division (B) of section 109.731 of the
Revised Code may be found. A sheriff shall accept a completed
application form and the fee, items, materials, and information
specified in divisions (B)(1) to (5) of this section at the times and
in the manners described in division (I) of this section.

(B)
An applicant for a concealed handgun license who is a resident of
this state shall submit a completed application form and all of the
material and information described in divisions (B)(1) to (6) of this
section to the sheriff of the county in which the applicant resides
or to the sheriff of any county adjacent to the county in which the
applicant resides. An applicant for a license who resides in another
state shall submit a completed application form and all of the
material and information described in divisions (B)(1) to (7) of this
section to the sheriff of the county in which the applicant is
employed or to the sheriff of any county adjacent to the county in
which the applicant is employed:

(1)(a)
A nonrefundable license fee as described in either of the following:

(i)
For an applicant who has been a resident of this state for five or
more years, a fee of sixty-seven dollars;

(ii)
For an applicant who has been a resident of this state for less than
five years or who is not a resident of this state, but who is
employed in this state, a fee of sixty-seven dollars plus the actual
cost of having a background check performed by the federal bureau of
investigation.

(b)
No sheriff shall require an applicant to pay for the cost of a
background check performed by the bureau of criminal identification
and investigation.

(c)
A sheriff shall waive the payment of the license fee described in
division (B)(1)(a) of this section in connection with an initial or
renewal application for a license that is submitted by an applicant
who is an active or reserve member of the armed forces of the United
States or has retired from or was honorably discharged from military
service in the active or reserve armed forces of the United States, a
retired peace officer, a retired person described in division
(B)(1)(b) of section 109.77 of the Revised Code, or a retired federal
law enforcement officer who, prior to retirement, was authorized
under federal law to carry a firearm in the course of duty, unless
the retired peace officer, person, or federal law enforcement officer
retired as the result of a mental disability.

(d)
The sheriff shall deposit all fees paid by an applicant under
division (B)(1)(a) of this section into the sheriff's concealed
handgun license issuance fund established pursuant to section 311.42
of the Revised Code. The county shall distribute the fees in
accordance with section 311.42 of the Revised Code.

(2)
A color photograph of the applicant that was taken within thirty days
prior to the date of the application;

(3)
One or more of the following competency certifications, each of which
shall reflect that, regarding a certification described in division
(B)(3)(a), (b), (c), (e), or (f) of this section, within the three
years immediately preceding the application the applicant has
performed that to which the competency certification relates and
that, regarding a certification described in division (B)(3)(d) of
this section, the applicant currently is an active or reserve member
of the armed forces of the United States, the applicant has retired
from or was honorably discharged from military service in the active
or reserve armed forces of the United States, or within the ten years
immediately preceding the application the retirement of the peace
officer, person described in division (B)(1)(b) of section 109.77 of
the Revised Code, or federal law enforcement officer to which the
competency certification relates occurred:

(a)
An original or photocopy of a certificate of completion of a firearms
safety, training, or requalification or firearms safety instructor
course, class, or program that was offered by or under the auspices
of a national gun advocacy organization and that complies with the
requirements set forth in division (G) of this section;

(b)
An original or photocopy of a certificate of completion of a firearms
safety, training, or requalification or firearms safety instructor
course, class, or program that satisfies all of the following
criteria:

(i)
It was open to members of the general public.

(ii)
It utilized qualified instructors who were certified by a national
gun advocacy organization, the executive director of the Ohio peace
officer training commission pursuant to section 109.75 or 109.78 of
the Revised Code, or a governmental official or entity of another
state.

(iii)
It was offered by or under the auspices of a law enforcement agency
of this or another state or the United States, a public or private
college, university, or other similar postsecondary educational
institution located in this or another state, a firearms training
school located in this or another state, or another type of public or
private entity or organization located in this or another state.

(iv)
It complies with the requirements set forth in division (G) of this
section.

(c)
An original or photocopy of a certificate of completion of a state,
county, municipal, or department of natural resources peace officer
training school that is approved by the executive director of the
Ohio peace officer training commission pursuant to section 109.75 of
the Revised Code and that complies with the requirements set forth in
division (G) of this section, or the applicant has satisfactorily
completed and been issued a certificate of completion of a basic
firearms training program, a firearms requalification training
program, or another basic training program described in section
109.78 or 109.801 of the Revised Code that complies with the
requirements set forth in division (G) of this section;

(d)
A document that evidences both of the following:

(i)
That the applicant is an active or reserve member of the armed forces
of the United States, has retired from or was honorably discharged
from military service in the active or reserve armed forces of the
United States, is a retired trooper of the state highway patrol, or
is a retired peace officer or federal law enforcement officer
described in division (B)(1) of this section or a retired person
described in division (B)(1)(b) of section 109.77 of the Revised Code
and division (B)(1) of this section;

(ii)
That, through participation in the military service or through the
former employment described in division (B)(3)(d)(i) of this section,
the applicant acquired experience with handling handguns or other
firearms, and the experience so acquired was equivalent to training
that the applicant could have acquired in a course, class, or program
described in division (B)(3)(a), (b), or (c) of this section.

(e)
A certificate or another similar document that evidences satisfactory
completion of a firearms training, safety, or requalification or
firearms safety instructor course, class, or program that is not
otherwise described in division (B)(3)(a), (b), (c), or (d) of this
section, that was conducted by an instructor who was certified by an
official or entity of the government of this or another state or the
United States or by a national gun advocacy organization, and that
complies with the requirements set forth in division (G) of this
section;

(f)
An affidavit that attests to the applicant's satisfactory completion
of a course, class, or program described in division (B)(3)(a), (b),
(c), or (e) of this section and that is subscribed by the applicant's
instructor or an authorized representative of the entity that offered
the course, class, or program or under whose auspices the course,
class, or program was offered;

(g)
A document that evidences that the applicant has successfully
completed the Ohio peace officer training program described in
section 109.79 of the Revised Code.

(4)
A certification by the applicant that the applicant has read the
pamphlet prepared by the Ohio peace officer training commission
pursuant to section 109.731 of the Revised Code that reviews
firearms, dispute resolution, and use of deadly force matters.

(5)
A set of fingerprints of the applicant provided as described in
section 311.41 of the Revised Code through use of an electronic
fingerprint reading device or, if the sheriff to whom the application
is submitted does not possess and does not have ready access to the
use of such a reading device, on a standard impression sheet
prescribed pursuant to division (C)(2) of section 109.572 of the
Revised Code.

(6)
If the applicant is not a citizen or national of the United States,
the name of the applicant's country of citizenship and the
applicant's alien registration number issued by the United States
citizenship and immigration services agency.

(7)
If the applicant resides in another state, adequate proof of
employment in Ohio.

(C)
Upon receipt of the completed application form, supporting
documentation, and, if not waived, license fee of an applicant under
this section, a sheriff, in the manner specified in section 311.41 of
the Revised Code, shall conduct or cause to be conducted the criminal
records check and the incompetency records check described in section
311.41 of the Revised Code.

(D)(1)
Except as provided in division (D)(3) of this section, within
forty-five days after a sheriff's receipt of an applicant's completed
application form for a concealed handgun license under this section,
the supporting documentation, and, if not waived, the license fee,
the sheriff shall make available through the law enforcement
automated data system in accordance with division (H) of this section
the information described in that division and, upon making the
information available through the system, shall issue to the
applicant a concealed handgun license that shall expire as described
in division (D)(2)(a) of this section if all of the following apply:

(a)
The applicant is legally living in the United States. For purposes of
division (D)(1)(a) of this section, if a person is absent from the
United States in compliance with military or naval orders as an
active or reserve member of the armed forces of the United States and
if prior to leaving the United States the person was legally living
in the United States, the person, solely by reason of that absence,
shall not be considered to have lost the person's status as living in
the United States.

(b)
The applicant is at least twenty-one years of age.

(c)
The applicant is not a fugitive from justice.

(d)
The applicant is not under indictment for or otherwise charged with a
felony; an offense under Chapter 2925., 3719., or 4729. of the
Revised Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of abuse;
a misdemeanor offense of violence; or a violation of section 2903.14
or 2923.1211 of the Revised Code.

(e)
Except as otherwise provided in division (D)(4) or (5) of this
section, the applicant has not been convicted of or pleaded guilty to
a felony or an offense under Chapter 2925., 3719., or 4729. of the
Revised Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of abuse;
has not been adjudicated a delinquent child for committing an act
that if committed by an adult would be a felony or would be an
offense under Chapter 2925., 3719., or 4729. of the Revised Code that
involves the illegal possession, use, sale, administration, or
distribution of or trafficking in a drug of abuse; has not been
convicted of, pleaded guilty to, or adjudicated a delinquent child
for committing a violation of section 2903.13 of the Revised Code
when the victim of the violation is a peace officer, regardless of
whether the applicant was sentenced under division (C)(4) of that
section; and has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing any other offense that
is not previously described in this division that is a misdemeanor
punishable by imprisonment for a term exceeding one year.

(f)
Except as otherwise provided in division (D)(4) or (5) of this
section, the applicant, within three years of the date of the
application, has not been convicted of or pleaded guilty to a
misdemeanor offense of violence other than a misdemeanor violation of
section 2921.33 of the Revised Code or a violation of section 2903.13
of the Revised Code when the victim of the violation is a peace
officer, or a misdemeanor violation of section 2923.1211 of the
Revised Code; and has not been adjudicated a delinquent child for
committing an act that if committed by an adult would be a
misdemeanor offense of violence other than a misdemeanor violation of
section 2921.33 of the Revised Code or a violation of section 2903.13
of the Revised Code when the victim of the violation is a peace
officer or for committing an act that if committed by an adult would
be a misdemeanor violation of section 2923.1211 of the Revised Code.

(g)
Except as otherwise provided in division (D)(1)(e) of this section,
the applicant, within five years of the date of the application, has
not been convicted of, pleaded guilty to, or adjudicated a delinquent
child for committing two or more violations of section 2903.13 or
2903.14 of the Revised Code.

(h)
Except as otherwise provided in division (D)(4) or (5) of this
section, the applicant, within ten years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of section
2921.33 of the Revised Code.

(i)
The applicant has not been committed to any mental institution, is
not under adjudication of mental incompetence, has not been found by
a court to be a person with a mental illness subject to court order,
and is not an involuntary patient other than one who is a patient
only for purposes of observation. As used in this division, "person
with a mental illness subject to court order" and "patient"
have the same meanings as in section 5122.01 of the Revised Code.

(j)
The applicant is not currently subject to a civil protection order, a
temporary protection order, or a protection order issued by a court
of another state.

(k)
The applicant certifies that the applicant desires a legal means to
carry a concealed handgun for defense of the applicant or a member of
the applicant's family while engaged in lawful activity.

(l)
The applicant submits a competency certification of the type
described in division (B)(3) of this section and submits a
certification of the type described in division (B)(4) of this
section regarding the applicant's reading of the pamphlet prepared by
the Ohio peace officer training commission pursuant to section
109.731 of the Revised Code.

(m)
The applicant currently is not subject to a suspension imposed under
division (A)(2) of section 2923.128 of the Revised Code of a
concealed handgun license that previously was issued to the applicant
under this section or section 2923.1213 of the Revised Code or a
similar suspension imposed by another state regarding a concealed
handgun license issued by that state.

(n)
If the applicant resides in another state, the applicant is employed
in this state.

(o)
The applicant certifies that the applicant is not an unlawful user of
or addicted to any controlled substance as defined in 21 U.S.C. 802.

(p)
If the applicant is not a United States citizen, the applicant is an
alien and has not been admitted to the United States under a
nonimmigrant visa, as defined in the "Immigration and
Nationality Act," 8 U.S.C. 1101(a)(26).

(q)
The applicant has not been discharged from the armed forces of the
United States under dishonorable conditions.

(r)
The applicant certifies that the applicant has not renounced the
applicant's United States citizenship, if applicable.

(s)
The applicant has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of section
2919.25 of the Revised Code or a similar violation in another state.

(2)(a)
A concealed handgun license that a sheriff issues under division
(D)(1) of this section shall expire five years after the date of
issuance.

If
a sheriff issues a license under this section, the sheriff shall
place on the license a unique combination of letters and numbers
identifying the license in accordance with the procedure prescribed
by the Ohio peace officer training commission pursuant to section
109.731 of the Revised Code.

(b)
If a sheriff denies an application under this section because the
applicant does not satisfy the criteria described in division (D)(1)
of this section, the sheriff shall specify the grounds for the denial
in a written notice to the applicant. The applicant may appeal the
denial pursuant to section 119.12 of the Revised Code in the county
served by the sheriff who denied the application. If the denial was
as a result of the criminal records check conducted pursuant to
section 311.41 of the Revised Code and if, pursuant to section
2923.127 of the Revised Code, the applicant challenges the criminal
records check results using the appropriate challenge and review
procedure specified in that section, the time for filing the appeal
pursuant to section 119.12 of the Revised Code and this division is
tolled during the pendency of the request or the challenge and
review.

(c)
If the court in an appeal under section 119.12 of the Revised Code
and division (D)(2)(b) of this section enters a judgment sustaining
the sheriff's refusal to grant to the applicant a concealed handgun
license, the applicant may file a new application beginning one year
after the judgment is entered. If the court enters a judgment in
favor of the applicant, that judgment shall not restrict the
authority of a sheriff to suspend or revoke the license pursuant to
section 2923.128 or 2923.1213 of the Revised Code or to refuse to
renew the license for any proper cause that may occur after the date
the judgment is entered. In the appeal, the court shall have full
power to dispose of all costs.

(3)
If the sheriff with whom an application for a concealed handgun
license was filed under this section becomes aware that the applicant
has been arrested for or otherwise charged with an offense that would
disqualify the applicant from holding the license, the sheriff shall
suspend the processing of the application until the disposition of
the case arising from the arrest or charge.

(4)
If an applicant has been convicted of or pleaded guilty to an offense
identified in division (D)(1)(e), (f), or (h) of this section or has
been adjudicated a delinquent child for committing an act or
violation identified in any of those divisions, and if a court has
ordered the sealing or expungement of the records of that conviction,
guilty plea, or adjudication pursuant to sections 2151.355 to
2151.358, sections 2953.31 to 2953.35, or section 2953.39 of the
Revised Code or the applicant has been relieved under operation of
law or legal process from the disability
imposed

pursuant
to section
2923.13

2923.14

of
the Revised Code relative to that conviction, guilty plea, or
adjudication, the sheriff with whom the application was submitted
shall not consider the conviction, guilty plea, or adjudication in
making a determination under division (D)(1) or (F) of this section
or, in relation to an application for a concealed handgun license on
a temporary emergency basis submitted under section 2923.1213 of the
Revised Code, in making a determination under division (B)(2) of that
section.

(5)
If an applicant has been convicted of or pleaded guilty to a minor
misdemeanor offense or has been adjudicated a delinquent child for
committing an act or violation that is a minor misdemeanor offense,
the sheriff with whom the application was submitted shall not
consider the conviction, guilty plea, or adjudication in making a
determination under division (D)(1) or (F) of this section or, in
relation to an application for a concealed handgun license on a
temporary basis submitted under section 2923.1213 of the Revised
Code, in making a determination under division (B)(2) of that
section.

(E)
If a concealed handgun license issued under this section is lost or
is destroyed, the licensee may obtain from the sheriff who issued
that license a duplicate license upon the payment of a fee of fifteen
dollars and the submission of an affidavit attesting to the loss or
destruction of the license. The sheriff, in accordance with the
procedures prescribed in section 109.731 of the Revised Code, shall
place on the replacement license a combination of identifying numbers
different from the combination on the license that is being replaced.

(F)(1)(a)
Except as provided in division (F)(1)(b) of this section, a licensee
who wishes to renew a concealed handgun license issued under this
section may do so at any time before the expiration date of the
license or at any time after the expiration date of the license by
filing with the sheriff of the county in which the applicant resides
or with the sheriff of an adjacent county, or in the case of an
applicant who resides in another state with the sheriff of the county
that issued the applicant's previous concealed handgun license an
application for renewal of the license obtained pursuant to division
(D) of this section, a certification by the applicant that,
subsequent to the issuance of the license, the applicant has reread
the pamphlet prepared by the Ohio peace officer training commission
pursuant to section 109.731 of the Revised Code that reviews
firearms, dispute resolution, and use of deadly force matters, and a
nonrefundable license renewal fee in an amount determined pursuant to
division (F)(4) of this section unless the fee is waived.

(b)
A person on active duty in the armed forces of the United States or
in service with the peace corps, volunteers in service to America, or
the foreign service of the United States is exempt from the license
requirements of this section for the period of the person's active
duty or service and for six months thereafter, provided the person
was a licensee under this section at the time the person commenced
the person's active duty or service or had obtained a license while
on active duty or service. The spouse or a dependent of any such
person on active duty or in service also is exempt from the license
requirements of this section for the period of the person's active
duty or service and for six months thereafter, provided the spouse or
dependent was a licensee under this section at the time the person
commenced the active duty or service or had obtained a license while
the person was on active duty or service, and provided further that
the person's active duty or service resulted in the spouse or
dependent relocating outside of this state during the period of the
active duty or service. This division does not prevent such a person
or the person's spouse or dependent from making an application for
the renewal of a concealed handgun license during the period of the
person's active duty or service.

(2)
A sheriff shall accept a completed renewal application, the license
renewal fee, and the information specified in division (F)(1) of this
section at the times and in the manners described in division (I) of
this section. Upon receipt of a completed renewal application, of
certification that the applicant has reread the specified pamphlet
prepared by the Ohio peace officer training commission, and of a
license renewal fee unless the fee is waived, a sheriff, in the
manner specified in section 311.41 of the Revised Code shall conduct
or cause to be conducted the criminal records check and the
incompetency records check described in section 311.41 of the Revised
Code. The sheriff shall renew the license if the sheriff determines
that the applicant continues to satisfy the requirements described in
division (D)(1) of this section, except that the applicant is not
required to meet the requirements of division (D)(1)(l) of this
section. A renewed license shall expire five years after the date of
issuance. A renewed license is subject to division (E) of this
section and sections 2923.126 and 2923.128 of the Revised Code. A
sheriff shall comply with divisions (D)(2) and (3) of this section
when the circumstances described in those divisions apply to a
requested license renewal. If a sheriff denies the renewal of a
concealed handgun license, the applicant may appeal the denial, or
challenge the criminal record check results that were the basis of
the denial if applicable, in the same manner as specified in division
(D)(2)(b) of this section and in section 2923.127 of the Revised
Code, regarding the denial of a license under this section.

(3)
A renewal application submitted pursuant to division (F) of this
section shall only require the licensee to list on the application
form information and matters occurring since the date of the
licensee's last application for a license pursuant to division (B) or
(F) of this section. A sheriff conducting the criminal records check
and the incompetency records check described in section 311.41 of the
Revised Code shall conduct the check only from the date of the
licensee's last application for a license pursuant to division (B) or
(F) of this section through the date of the renewal application
submitted pursuant to division (F) of this section.

(4)
An applicant for a renewal concealed handgun license under this
section shall submit to the sheriff of the county in which the
applicant resides or to the sheriff of any county adjacent to the
county in which the applicant resides, or in the case of an applicant
who resides in another state to the sheriff of the county that issued
the applicant's previous concealed handgun license, a nonrefundable
license fee as described in either of the following:

(a)
For an applicant who has been a resident of this state for five or
more years, a fee of fifty dollars;

(b)
For an applicant who has been a resident of this state for less than
five years or who is not a resident of this state but who is employed
in this state, a fee of fifty dollars plus the actual cost of having
a background check performed by the federal bureau of investigation.

(5)
The concealed handgun license of a licensee who is no longer a
resident of this state or no longer employed in this state, as
applicable, is valid until the date of expiration on the license, and
the licensee is prohibited from renewing the concealed handgun
license.

(G)(1)
Each course, class, or program described in division (B)(3)(a), (b),
(c), or (e) of this section shall provide to each person who takes
the course, class, or program the web site address at which the
pamphlet prepared by the Ohio peace officer training commission
pursuant to section 109.731 of the Revised Code that reviews
firearms, dispute resolution, and use of deadly force matters may be
found. Each such course, class, or program described in one of those
divisions shall include at least eight hours of training in the safe
handling and use of a firearm that shall include training, provided
as described in division (G)(3) of this section, on all of the
following:

(a)
The ability to name, explain, and demonstrate the rules for safe
handling of a handgun and proper storage practices for handguns and
ammunition;

(b)
The ability to demonstrate and explain how to handle ammunition in a
safe manner;

(c)
The ability to demonstrate the knowledge, skills, and attitude
necessary to shoot a handgun in a safe manner;

(d)
Gun handling training;

(e)
A minimum of two hours of in-person training that consists of range
time and live-fire training.

(2)
To satisfactorily complete the course, class, or program described in
division (B)(3)(a), (b), (c), or (e) of this section, the applicant
shall pass a competency examination that shall include both of the
following:

(a)
A written section, provided as described in division (G)(3) of this
section, on the ability to name and explain the rules for the safe
handling of a handgun and proper storage practices for handguns and
ammunition;

(b)
An in-person physical demonstration of competence in the use of a
handgun and in the rules for safe handling and storage of a handgun
and a physical demonstration of the attitude necessary to shoot a
handgun in a safe manner.

(3)(a)
Except as otherwise provided in this division, the training specified
in division (G)(1)(a) of this section shall be provided to the person
receiving the training in person by an instructor. If the training
specified in division (G)(1)(a) of this section is provided by a
course, class, or program described in division (B)(3)(a) of this
section, or it is provided by a course, class, or program described
in division (B)(3)(b), (c), or (e) of this section and the instructor
is a qualified instructor certified by a national gun advocacy
organization, the training so specified, other than the training that
requires the person receiving the training to demonstrate handling
abilities, may be provided online or as a combination of in-person
and online training, as long as the online training includes an
interactive component that regularly engages the person.

(b)
Except as otherwise provided in this division, the written section of
the competency examination specified in division (G)(2)(a) of this
section shall be administered to the person taking the competency
examination in person by an instructor. If the training specified in
division (G)(1)(a) of this section is provided to the person
receiving the training by a course, class, or program described in
division (B)(3)(a) of this section, or it is provided by a course,
class, or program described in division (B)(3)(b), (c), or (e) of
this section and the instructor is a qualified instructor certified
by a national gun advocacy organization, the written section of the
competency examination specified in division (G)(2)(a) of this
section may be administered online, as long as the online training
includes an interactive component that regularly engages the person.

(4)
The competency certification described in division (B)(3)(a), (b),
(c), or (e) of this section shall be dated and shall attest that the
course, class, or program the applicant successfully completed met
the requirements described in division (G)(1) of this section and
that the applicant passed the competency examination described in
division (G)(2) of this section.

(H)
Upon deciding to issue a concealed handgun license, deciding to issue
a replacement concealed handgun license, or deciding to renew a
concealed handgun license pursuant to this section, and before
actually issuing or renewing the license, the sheriff shall make
available through the law enforcement automated data system all
information contained on the license. If the license subsequently is
suspended under division (A)(1) or (2) of section 2923.128 of the
Revised Code, revoked pursuant to division (B)(1) of section 2923.128
of the Revised Code, or lost or destroyed, the sheriff also shall
make available through the law enforcement automated data system a
notation of that fact. The superintendent of the state highway patrol
shall ensure that the law enforcement automated data system is so
configured as to permit the transmission through the system of the
information specified in this division.

(I)(1)
A sheriff shall accept a completed application form or renewal
application, and the fee, items, materials, and information specified
in divisions (B)(1) to (5) or division (F) of this section, whichever
is applicable, and shall provide an application form or renewal
application to any person during at least fifteen hours a week and
shall provide the web site address at which a printable version of
the application form that can be downloaded and the pamphlet
described in division (B) of section 109.731 of the Revised Code may
be found at any time, upon request. The sheriff shall post notice of
the hours during which the sheriff is available to accept or provide
the information described in this division.

(2)
A sheriff shall transmit a notice to the attorney general, in a
manner determined by the attorney general, every time a license is
issued that waived payment under division (B)(1)(c) of this section
for an applicant who is an active or reserve member of the armed
forces of the United States or has retired from or was honorably
discharged from military service in the active or reserve armed
forces of the United States. The attorney general shall monitor and
inform sheriffs issuing licenses under this section when the amount
of license fee payments waived and transmitted to the attorney
general reach one million five hundred thousand dollars each year.
Once a sheriff is informed that the payments waived reached one
million five hundred thousand dollars in any year, a sheriff shall no
longer waive payment of a license fee for an applicant who is an
active or reserve member of the armed forces of the United States or
has retired from or was honorably discharged from military service in
the active or reserve armed forces of the United States for the
remainder of that year.

Sec.
2923.13.
(A)
Unless relieved from disability under operation of law or legal
process, no person shall knowingly acquire, have, carry, or use any
firearm or dangerous ordnance, if any of the following apply:

(1)
The person is a fugitive from justice.

(2)
The person is under indictment for or has been convicted of any
felony offense of violence or has been adjudicated a delinquent child
for the commission of an offense that, if committed by an adult,
would have been a felony offense of violence.

(3)
The person is under indictment for or has been convicted of any
felony offense involving the illegal possession, use, sale,
administration, distribution, or trafficking in any drug of abuse or
has been adjudicated a delinquent child for the commission of an
offense that, if committed by an adult, would have been a felony
offense involving the illegal possession, use, sale, administration,
distribution, or trafficking in any drug of abuse.

(4)
The person has a drug dependency, is in danger of drug dependence, or
has chronic alcoholism.

(5)
The person is under adjudication of mental incompetence, has been
committed to a mental institution, has been found by a court to be a
person with a mental illness subject to court order, or is an
involuntary patient other than one who is a patient only for purposes
of observation. As used in this division, "person with a mental
illness subject to court order" and "patient" have the
same meanings as in section 5122.01 of the Revised Code.

(B)

(B)(1)

Whoever
violates this section is guilty of having weapons while under
disability
,

.

(2)
Except as provided in division (B)(4) of this section, a violation of
division (A)(1), (3), (4), or (5) of this section is
a
felony of the
third

fourth

degree
.

(3)
Except as otherwise provided in division (B)(5) of this section, a
violation of division (A)(2) of this section is a felony of the third
degree and there is a presumption that a prison term shall be imposed
for the offense.

(4)
If the offender previously has been convicted of or pleaded guilty to
a violation of this section, a violation of division (A)(1), (3),
(4), or (5) of this section is a felony of the third degree
.

(5)
If the offender previously has been convicted of or pleaded guilty to
a violation of this section, a violation of division (A)(2) of this
section is a felony of the second degree.

(C)
For the purposes of this section, "under operation of law or
legal process" shall not itself include mere completion,
termination, or expiration of a sentence imposed as a result of a
criminal conviction.

Sec.
2923.14.
(A)(1)

(A)(1)(a)

Except
as otherwise provided in division (A)(2) of this section, any
of
the following persons who are prohibited from carrying firearms,
openly or concealed, may apply to the court of common pleas specified
in division (A)(1)(b) of this section for relief from such
prohibition:

(i)
Any
person
who is prohibited from acquiring, having, carrying, or using firearms

may apply to the court of common pleas in the county in which the
person resides for relief from such prohibition

under section 2923.13 of the Revised Code;

(ii)
Any person who is prohibited from shipping, transporting, receiving,
or possessing firearms in interstate or foreign commerce under 18
U.S.C. 922(g), as amended or reenacted;

(iii)
Any person who is prohibited from obtaining a concealed handgun
license or a concealed handgun license on a temporary emergency basis
under division (D)(1)(e), (f), or (h) of section 2923.125 of the
Revised Code;

(iv)
Any person who is prohibited from carrying a concealed handgun as a
qualifying adult under division (D)(1)(e), (f), or (h) of section
2923.125 of the Revised Code
.

(b)
An application for relief from the prohibition shall be filed in the
court of common pleas of the county in which the person resides or,
if the person is not a resident of this state and the prohibition is
based on an indictment, a conviction of or plea of guilty to an
offense, or a delinquent child adjudication, in the county in which
the indictment was entered or in which the conviction, guilty plea,
or adjudication occurred.

(2)
Division (A)(1) of this section does not apply to a person who has
been convicted of or pleaded guilty to a violation of section
2923.132 of the Revised Code or to a person who, two or more times,
has been convicted of or pleaded guilty to a felony and a
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146, 2941.1412,
or

2941.1424
,
2941.1427, or 2941.1429

of the Revised Code.

(B)
The application shall recite the following:

(1)
All indictments, convictions

or guilty pleas
,
or adjudications upon which the applicant's disability is based, the
sentence imposed and served, and any release granted under a
community control sanction, post-release control sanction, or parole,
any partial or conditional pardon granted, or other disposition of
each case, or, if the disability is based upon a factor other than an
indictment, a conviction

or guilty plea
,
or an adjudication, the factor upon which the disability is based and
all details related to that factor;

(2)
Facts showing the applicant to be a fit subject for relief under this
section.

(C)
A copy of the application shall be served on the county prosecutor.
The county prosecutor shall cause the matter to be investigated and
shall raise before the court any objections to granting relief that
the investigation reveals.

(D)
Upon hearing, the court may grant the applicant relief pursuant to
this section, if all of the following apply:

(1)
One of the following applies:

(a)
If the disability is based upon an indictment, a conviction

or guilty plea
,
or an adjudication, the applicant has been fully discharged from
imprisonment, community control, post-release control, and parole,
or, if the applicant is under indictment, has been released on bail
or recognizance.

(b)
If the disability is based upon a factor other than an indictment, a
conviction

or guilty plea
,
or an adjudication, that factor no longer is applicable to the
applicant.

(2)
The applicant has led a law-abiding life since discharge or release,
and appears likely to continue to do so.

(3)
The applicant is not otherwise prohibited by law from acquiring,
having, or using firearms.

(E)
Costs of the proceeding shall be charged as in other civil cases, and
taxed to the applicant.

(F)
Relief from disability granted pursuant to this section restores the
applicant to all civil firearm rights to the full extent enjoyed by
any citizen, and is subject to the following conditions:

(1)
Applies only with respect to indictments, convictions

or guilty pleas
,
or adjudications, or to the other factor, recited in the application
as the basis for the applicant's disability;

(2)
Applies only with respect to firearms lawfully acquired, possessed,
carried, or used by the applicant;

(3)
May be revoked by the court at any time for good cause shown and upon
notice to the applicant;

(4)
Is automatically void upon commission by the applicant of any offense
set forth in division (A)(2) or (3) of section 2923.13 of the Revised
Code, or upon the applicant's becoming one of the class of persons
named in division (A)(1), (4), or (5) of that section.

(G)
As used in this section:

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

(2)
"Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.

(3)
"Qualifying adult" has the same meaning as in section
2923.111 of the Revised Code.

Sec.
2929.01.
As
used in this chapter:

(A)(1)
"Alternative residential facility" means, subject to
divisions (A)(2) and (3) of this section, any facility other than an
offender's home or residence in which an offender is assigned to live
and that satisfies all of the following criteria:

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

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

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

(3)
"Alternative residential facility" includes a community
alternative sentencing center or district community alternative
sentencing center when authorized by section 307.932 of the Revised
Code and when the center is being used for an OVI term of
confinement, as defined by that section.

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

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

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

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

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

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

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

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

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

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

(L)
"Economic loss" means any economic detriment suffered by a
victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense, and the cost of any accounting or auditing
done to determine the extent of loss if the cost is incurred and
payable by the victim. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1)
Subject to division (X)(2) of this section, the term in prison that
must be imposed for the offenses or circumstances set forth in
divisions (F)(1) to (8) or (F)(12) to
(21)

(22)

of
section 2929.13 and division (B) of section 2929.14 of the Revised
Code. Except as provided in sections 2925.02, 2925.03, 2925.04,
2925.05, and 2925.11 of the Revised Code, unless the maximum or
another specific term is required under section 2929.14 or 2929.142
of the Revised Code, a mandatory prison term described in this
division may be any prison term authorized for the level of offense
except that if the offense is a felony of the first or second degree
committed on or after March 22, 2019, a mandatory prison term
described in this division may be one of the terms prescribed in
division (A)(1)(a) or (2)(a) of section 2929.14 of the Revised Code,
whichever is applicable, that is authorized as the minimum term for
the offense.

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

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

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

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

(AA)
"Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the control
of the department of rehabilitation and correction and includes a
violation sanction center operated under authority of section
2967.141 of the Revised Code.

(BB)(1)
"Prison term" includes either of the following sanctions
for an offender:

(a)
A stated prison term;

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

(2)
With respect to a non-life felony indefinite prison term, references
in any provision of law to a reduction of, or deduction from, the
prison term mean a reduction in, or deduction from, the minimum term
imposed as part of the indefinite term.

(CC)

(CC)(1)
"Repeat offender" means a person about whom both of the
following apply:

(a)
The person is being sentenced for committing or for complicity in
committing a violation of section 2923.13 of the Revised Code or a
felony offense of violence, and the violation of the offense involved
a firearm.

(b)
The person previously was convicted of or pleaded guilty to one or
more offenses described in division (CC)(1)(a) of this section and
the violation involved a firearm.

(2)
As used in division (CC) of this section, "involved a firearm"
means either of the following:

(a)
The offender had a firearm on or about the offender's person while
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or used
the firearm to facilitate the offense.

(b)
The offender had a firearm under the offender's control while
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or used
the firearm to facilitate the offense.

(DD)

"Repeat
violent offender" means a person about whom both of the
following apply:

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

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

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

(DD)(1)(a)

of
this section.

(2)
The person previously was convicted of or pleaded guilty to an
offense described in division
(CC)(1)(a)

(DD)(1)(a)

or
(b) of this section.

(DD)

(EE)

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

(EE)

(FF)

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

(FF)(1)

(GG)(1)

"Stated
prison term" means the prison term, mandatory prison term, or
combination of all prison terms and mandatory prison terms imposed by
the sentencing court pursuant to section 2929.14, 2929.142, or
2971.03 of the Revised Code or under section 2919.25 of the Revised
Code. "Stated prison term" includes any credit received by
the offender for time spent in jail awaiting trial, sentencing, or
transfer to prison for the offense and any time spent under house
arrest or house arrest with electronic monitoring imposed after
earning credits pursuant to section 2967.193 or 2967.194 of the
Revised Code. If an offender is serving a prison term as a risk
reduction sentence under sections 2929.143 and 5120.036 of the
Revised Code, "stated prison term" includes any period of
time by which the prison term imposed upon the offender is shortened
by the offender's successful completion of all assessment and
treatment or programming pursuant to those sections.

(2)
As used in the definition of "stated prison term" set forth
in division
(FF)(1)

(GG)(1)

of
this section, a prison term is a definite prison term imposed under
section 2929.14 of the Revised Code or any other provision of law, is
the minimum and maximum prison terms under a non-life felony
indefinite prison term, or is a term of life imprisonment except to
the extent that the use of that definition in a section of the
Revised Code clearly is not intended to include a term of life
imprisonment. With respect to an offender sentenced to a non-life
felony indefinite prison term, references in section 2967.191,
2967.193, or 2967.194 of the Revised Code or any other provision of
law to a reduction of, or deduction from, the offender's stated
prison term or to release of the offender before the expiration of
the offender's stated prison term mean a reduction in, or deduction
from, the minimum term imposed as part of the indefinite term or a
release of the offender before the expiration of that minimum term,
references in section 2929.19 or 2967.28 of the Revised Code to a
stated prison term with respect to a prison term imposed for a
violation of a post-release control sanction mean the minimum term so
imposed, and references in any provision of law to an offender's
service of the offender's stated prison term or the expiration of the
offender's stated prison term mean service or expiration of the
minimum term so imposed plus any additional period of incarceration
under the sentence that is required under section 2967.271 of the
Revised Code.

(GG)

(HH)

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

(HH)

(II)

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

(II)

(JJ)

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

(JJ)

(KK)

"Designated
homicide, assault, or kidnapping offense," "violent sex
offense," "sexual motivation specification," "sexually
violent offense," "sexually violent predator," and
"sexually violent predator specification" have the same
meanings as in section 2971.01 of the Revised Code.

(KK)

(LL)

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

(LL)

(MM)

An
offense is "committed in the vicinity of a child" if the
offender commits the offense within thirty feet of or within the same
residential unit as a child who is under eighteen years of age,
regardless of whether the offender knows the age of the child or
whether the offender knows the offense is being committed within
thirty feet of or within the same residential unit as the child and
regardless of whether the child actually views the commission of the
offense.

(MM)

(NN)

"Family
or household member" has the same meaning as in section 2919.25
of the Revised Code.

(NN)

(OO)

"Motor
vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.

(OO)

(PP)

"Detention"
and "detention facility" have the same meanings as in
section 2921.01 of the Revised Code.

(PP)

(QQ)

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

(QQ)

(RR)

"Random
drug testing" has the same meaning as in section 5120.63 of the
Revised Code.

(RR)

(SS)

"Felony
sex offense" has the same meaning as in section 2967.28 of the
Revised Code.

(SS)

(TT)

"Body
armor" has the same meaning as in section 2941.1411 of the
Revised Code.

(TT)

(UU)

"Electronic
monitoring" means monitoring through the use of an electronic
monitoring device.

(UU)

(VV)

"Electronic
monitoring device" means any of the following:

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

(a)
The device has a transmitter that can be attached to a person, that
will transmit a specified signal to a receiver of the type described
in division
(UU)(1)(b)

(VV)(1)(b)

of
this section if the transmitter is removed from the person, turned
off, or altered in any manner without prior court approval in
relation to electronic monitoring or without prior approval of the
department of rehabilitation and correction in relation to the use of
an electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.

(b)
The device has a receiver that can receive continuously the signals
transmitted by a transmitter of the type described in division

(UU)(1)(a)

(VV)(1)(a)

of
this section, can transmit continuously those signals by a wireless
or landline telephone connection to a central monitoring computer of
the type described in division
(UU)(1)(c)

(VV)(1)(c)

of
this section, and can transmit continuously an appropriate signal to
that central monitoring computer if the device has been turned off or
altered without prior court approval or otherwise tampered with. The
device is designed specifically for use in electronic monitoring, is
not a converted wireless phone or another tracking device that is
clearly not designed for electronic monitoring, and provides a means
of text-based or voice communication with the person.

(c)
The device has a central monitoring computer that can receive
continuously the signals transmitted by a wireless or landline
telephone connection by a receiver of the type described in division

(UU)(1)(b)

(VV)(1)(b)

of
this section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division

(UU)(1)(a)

(VV)(1)(a)

of
this section is attached.

(2)
Any device that is not a device of the type described in division

(UU)(1)

(VV)(1)

of
this section and that conforms with all of the following:

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

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

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

(VV)

(WW)

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

(WW)

(XX)

"Prosecutor"
has the same meaning as in section 2935.01 of the Revised Code.

(XX)

(YY)

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

(YY)

(ZZ)

A
person is "adjudicated a sexually violent predator" if the
person is convicted of or pleads guilty to a violent sex offense and
also is convicted of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the
indictment, or information charging that violent sex offense or if
the person is convicted of or pleads guilty to a designated homicide,
assault, or kidnapping offense and also is convicted of or pleads
guilty to both a sexual motivation specification and a sexually
violent predator specification that were included in the indictment,
count in the indictment, or information charging that designated
homicide, assault, or kidnapping offense.

(ZZ)

(AAA)

An
offense is "committed in proximity to a school" if the
offender commits the offense in a school safety zone or within five
hundred feet of any school building or the boundaries of any school
premises, regardless of whether the offender knows the offense is
being committed in a school safety zone or within five hundred feet
of any school building or the boundaries of any school premises.

(AAA)

(BBB)

"Human
trafficking" means a scheme or plan to which all of the
following apply:

(1)
Its object is one or both of the following:

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

(b)
To facilitate, encourage, or recruit a victim who is a minor or is a
person with a developmental disability, or victims who are minors or
are persons with developmental disabilities, for any purpose listed
in divisions (A)(2)(a) to (c) of section 2905.32 of the Revised Code.

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

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

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

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

(BBB)

(CCC)

"Material,"
"nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section
2907.01 of the Revised Code.

(CCC)

(DDD)

"Material
that is obscene, sexually oriented, or nudity oriented" means
any material that is obscene, that shows a person participating or
engaging in sexual activity, masturbation, or bestiality, or that
shows a person in a state of nudity.

(DDD)

(EEE)

"Performance
that is obscene, sexually oriented, or nudity oriented" means
any performance that is obscene, that shows a person participating or
engaging in sexual activity, masturbation, or bestiality, or that
shows a person in a state of nudity.

(EEE)

(FFF)

"Accelerant"
means a fuel or oxidizing agent, such as an ignitable liquid, used to
initiate a fire or increase the rate of growth or spread of a fire.

(FFF)

(GGG)

"Permanent
disabling harm" means serious physical harm that results in
permanent injury to the intellectual, physical, or sensory functions
and that permanently and substantially impairs a person's ability to
meet one or more of the ordinary demands of life, including the
functions of caring for one's self, performing manual tasks, walking,
seeing, hearing, speaking, breathing, learning, and working.

(GGG)

(HHH)

"Non-life
felony indefinite prison term" means a prison term imposed under
division (A)(1)(a) or (2)(a) of section 2929.14 and section 2929.144
of the Revised Code for a felony of the first or second degree
committed on or after March 22, 2019.

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

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

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

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

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

(B)(1)(a)
Except as provided in division (B)(1)(b) of this section, if an
offender is convicted of or pleads guilty to a felony of the fourth
or fifth degree that is not an offense of violence or that is a
qualifying assault offense, the court shall sentence the offender to
a community control sanction or combination of community control
sanctions if all of the following apply:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D)(1)
Except as provided in division (E) or (F) of this section, for a
felony of the first or second degree, for a felony drug offense that
is a violation of any provision of Chapter 2925., 3719., or 4729. of
the Revised Code for which a presumption in favor of a prison term is
specified as being applicable,
and

for
a violation of division (A)(4) or (B) of section 2907.05 of the
Revised Code for which a presumption in favor of a prison term is
specified as being applicable,
and
for a violation of section 2923.13 of the Revised Code for which a
presumption in favor of a prison term is specified in division (B)(3)
of that section as being applicable,
it
is presumed that a prison term is necessary in order to comply with
the purposes and principles of sentencing under section 2929.11 of
the Revised Code. Division (D)(2) of this section does not apply to a
presumption established under this division for a violation of
division (A)(4) of section 2907.05 of the Revised Code.

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

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

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

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

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

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

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

(3)
A court that sentences an offender for a drug abuse offense that is a
felony of the third, fourth, or fifth degree may require that the
offender be assessed by a properly credentialed professional within a
specified period of time. The court shall require the professional to
file a written assessment of the offender with the court. If the
offender is eligible for a community control sanction and after
considering the written assessment, the court may impose a community
control sanction that includes addiction services and recovery
supports included in a community-based continuum of care established
under section 340.032 of the Revised Code. If the court imposes
addiction services and recovery supports as a community control
sanction, the court shall direct the level and type of addiction
services and recovery supports after considering the assessment and
recommendation of community addiction services providers.

(F)
Notwithstanding divisions (A) to (E) of this section, the court shall
impose a prison term or terms under sections 2929.02 to 2929.06,
section 2929.14, section 2929.142, or section 2971.03 of the Revised
Code and except as specifically provided in section 2929.20, or
section 2967.191 of the Revised Code or when parole is authorized for
the offense under section 2967.13 of the Revised Code shall not
reduce the term or terms pursuant to section 2929.20, division (A)(2)
or (3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code for any of the
following offenses:

(1)
Aggravated murder when death is not imposed or murder;

(2)
Any rape, regardless of whether force was involved and regardless of
the age of the victim, or an attempt to commit rape if, had the
offender completed the rape that was attempted, the offender would
have been guilty of a violation of division (A)(1)(b) of section
2907.02 of the Revised Code and would be sentenced under section
2971.03 of the Revised Code;

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

(a)
Regarding gross sexual imposition, the offender previously was
convicted of or pleaded guilty to rape, the former offense of
felonious sexual penetration, gross sexual imposition, or sexual
battery, and the victim of the previous offense was less than
thirteen years of age;

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

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

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

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

(4)
A felony violation of section 2903.04, 2903.06, 2903.08, 2903.11,
2903.12, 2903.13, 2905.32, 2907.07, 2921.321, or 2923.132 of the
Revised Code if the section requires the imposition of a prison term;

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

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

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

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

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

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

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

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

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

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

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

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

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

(16)
Kidnapping, abduction, compelling prostitution, promoting
prostitution, engaging in a pattern of corrupt activity, a violation
of division (A)(1) or (2) of section 2907.323 of the Revised Code
that involves a minor, or endangering children in violation of
division (B)(1), (2), (3), (4), or (5) of section 2919.22 of the
Revised Code, if the offender is convicted of or pleads guilty to a
specification as described in section 2941.1422 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense;

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

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

(19)(a)
Any violent felony offense if the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control during the commission of the violent felony
offense and displayed or brandished the firearm, indicated that the
offender possessed a firearm, or used the firearm to facilitate the
offense, with respect to the portion of the sentence imposed under
division (K) of section 2929.14 of the Revised Code.

(b)
As used in division (F)(19)(a) of this section, "violent career
criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.

(20)
Any violation of division (A)(1) of section 2903.11 of the Revised
Code if the offender used an accelerant in committing the violation
and the serious physical harm to another or another's unborn caused
by the violation resulted in a permanent, serious disfigurement or
permanent, substantial incapacity or any violation of division (A)(2)
of that section if the offender used an accelerant in committing the
violation, the violation caused physical harm to another or another's
unborn, and the physical harm resulted in a permanent, serious
disfigurement or permanent, substantial incapacity, with respect to a
portion of the sentence imposed pursuant to division (B)(9) of
section 2929.14 of the Revised Code. The provisions of this division
and of division (D)(2) of section 2903.11, divisions (B)(9) and
(C)(6) of section 2929.14, and section 2941.1425 of the Revised Code
shall be known as "Judy's Law."

(21)
Any violation of division (A) of section 2903.11 of the Revised Code
if the victim of the offense suffered permanent disabling harm as a
result of the offense and the victim was under ten years of age at
the time of the offense, with respect to a portion of the sentence
imposed pursuant to division (B)(10) of section 2929.14 of the
Revised Code.

(22)
A felony violation of section 2925.03, 2925.05, or 2925.11 of the
Revised Code, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound and the offender is
convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that was included in the indictment, count in the indictment, or
information charging the offense, with respect to the portion of the
sentence imposed under division (B)(11) of section 2929.14 of the
Revised Code.

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

(1)
If the offender is being sentenced for a fourth degree felony OVI
offense and if the offender has not been convicted of and has not
pleaded guilty to a specification of the type described in section
2941.1413 of the Revised Code, the court may impose upon the offender
a mandatory term of local incarceration of sixty days or one hundred
twenty days as specified in division (G)(1)(d) of section 4511.19 of
the Revised Code. The court shall not reduce the term pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of the Revised Code. The court that
imposes a mandatory term of local incarceration under this division
shall specify whether the term is to be served in a jail, a
community-based correctional facility, a halfway house, or an
alternative residential facility, and the offender shall serve the
term in the type of facility specified by the court. A mandatory term
of local incarceration imposed under division (G)(1) of this section
is not subject to any other Revised Code provision that pertains to a
prison term except as provided in division (A)(1) of this section.

(2)
If the offender is being sentenced for a third degree felony OVI
offense, or if the offender is being sentenced for a fourth degree
felony OVI offense and the court does not impose a mandatory term of
local incarceration under division (G)(1) of this section, the court
shall impose upon the offender a mandatory prison term of one, two,
three, four, or five years if the offender also is convicted of or
also pleads guilty to a specification of the type described in
section 2941.1413 of the Revised Code or shall impose upon the
offender a mandatory prison term of sixty days or one hundred twenty
days as specified in division (G)(1)(d) or (e) of section 4511.19 of
the Revised Code if the offender has not been convicted of and has
not pleaded guilty to a specification of that type. The court shall
not reduce the term pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of the
Revised Code. The offender shall serve the one-, two-, three-, four-,
or five-year mandatory prison term consecutively to and prior to the
prison term imposed for the underlying offense and consecutively to
any other mandatory prison term imposed in relation to the offense.
In no case shall an offender who once has been sentenced to a
mandatory term of local incarceration pursuant to division (G)(1) of
this section for a fourth degree felony OVI offense be sentenced to
another mandatory term of local incarceration under that division for
any violation of division (A) of section 4511.19 of the Revised Code.
In addition to the mandatory prison term described in division (G)(2)
of this section, the court may sentence the offender to a community
control sanction under section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve the prison term prior to serving
the community control sanction. The department of rehabilitation and
correction may place an offender sentenced to a mandatory prison term
under this division in an intensive program prison established
pursuant to section 5120.033 of the Revised Code if the department
gave the sentencing judge prior notice of its intent to place the
offender in an intensive program prison established under that
section and if the judge did not notify the department that the judge
disapproved the placement. Upon the establishment of the initial
intensive program prison pursuant to section 5120.033 of the Revised
Code that is privately operated and managed by a contractor pursuant
to a contract entered into under section 9.06 of the Revised Code,
both of the following apply:

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

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

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

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

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

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

(K)
As used in this section:

(1)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

(2)
"Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code.

(3)
"Minor drug possession offense" has the same meaning as in
section 2925.11 of the Revised Code.

(4)
"Qualifying assault offense" means a violation of section
2903.13 of the Revised Code for which the penalty provision in
division (C)(8)(b) or (C)(9)(b) of that section applies.

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

Sec.
2929.14.
(A)
Except as provided in division (B)(1), (B)(2), (B)(3), (B)(4),
(B)(5), (B)(6), (B)(7), (B)(8), (B)(9), (B)(10), (B)(11), (E), (G),
(H), (J), or (K) of this section or in division (D)(6) of section
2919.25 of the Revised Code and except in relation to an offense for
which a sentence of death or life imprisonment is to be imposed, if
the court imposing a sentence upon an offender for a felony elects or
is required to impose a prison term on the offender pursuant to this
chapter, the court shall impose a prison term that shall be one of
the following:

(1)(a)
For a felony of the first degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of three, four, five, six,
seven, eight, nine, ten, or eleven years and a maximum term that is
determined pursuant to section 2929.144 of the Revised Code, except
that if the section that criminalizes the conduct constituting the
felony specifies a different minimum term or penalty for the offense,
the specific language of that section shall control in determining
the minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the first degree committed prior to March 22, 2019,
the prison term shall be a definite prison term of three, four, five,
six, seven, eight, nine, ten, or eleven years.

(2)(a)
For a felony of the second degree committed on or after March 22,
2019, the prison term shall be an indefinite prison term with a
stated minimum term selected by the court of two, three, four, five,
six, seven, or eight years and a maximum term that is determined
pursuant to section 2929.144 of the Revised Code, except that if the
section that criminalizes the conduct constituting the felony
specifies a different minimum term or penalty for the offense, the
specific language of that section shall control in determining the
minimum term or otherwise sentencing the offender but the minimum
term or sentence imposed under that specific language shall be
considered for purposes of the Revised Code as if it had been imposed
under this division.

(b)
For a felony of the second degree committed prior to March 22, 2019,
the prison term shall be a definite term of two, three, four, five,
six, seven, or eight years.

(3)(a)
For a felony of the third degree that is a violation of section
2903.06, 2903.08, 2907.03, 2907.04, 2907.05, 2907.321, 2907.322,
2907.323, or 3795.04 of the Revised Code, that is a violation of
division (A) of section 4511.19 of the Revised Code if the offender
previously has been convicted of or pleaded guilty to a violation of
division (A) of that section that was a felony, that is a violation
of section 2911.02 or 2911.12 of the Revised Code if the offender
previously has been convicted of or pleaded guilty in two or more
separate proceedings to two or more violations of section 2911.01,
2911.02, 2911.11, or 2911.12 of the Revised Code, or that is a
violation of division (B) of section 2921.331 of the Revised Code if
division (C)(5) of that section applies, the prison term shall be a
definite term of twelve, eighteen, twenty-four, thirty, thirty-six,
forty-two, forty-eight, fifty-four, or sixty months.

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

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

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

(B)(1)(a)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a felony also is
convicted of or pleads guilty to a specification of the type
described in section 2941.141, 2941.144,
or

2941.145
,
2941.1428, or 2941.1429

of the Revised Code, the court shall impose on the offender one of
the following prison terms:

(i)
A prison term of six years if the specification is of the type
described in division (A) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense;

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

(iii)
A prison term of one year if the specification is of the type
described in division (A) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense;

(iv)
A prison term of nine years if the specification is of the type
described in division (D) of section 2941.144 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense and specifies that the offender previously has
been convicted of or pleaded guilty to a specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code;

(v)
A prison term of
fifty-four
months
five
years
if
the specification is of the type described in division (D) of section
2941.145 of the Revised Code that charges the offender with having a
firearm on or about the offender's person or under the offender's
control while committing the offense and displaying the firearm,
brandishing the firearm, indicating that the offender possessed the
firearm, or using the firearm to facilitate the offense and that the
offender previously has been convicted of or pleaded guilty to a
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code;

(vi)
A prison term of eighteen months if the specification is of the type
described in division (D) of section 2941.141 of the Revised Code
that charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code
;

(vii)
A prison term of five years if the specification is of the type
described in division (A) of section 2941.1428 of the Revised Code
that charges the offender with discharging a firearm while committing
the offense;

(viii)
A prison term of ten years if the specification is of the type
described in division (A) of section 2941.1429 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or used
it to facilitate the offense;

(ix)
A prison term of fifteen years if the specification is of the type
described in division (D) of section 2941.1429 of the Revised Code
that charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or suppressor on
or about the offender's person or under the offender's control while
committing the offense and displayed the firearm, brandished the
firearm, indicated that the offender possessed the firearm, or used
it to facilitate the offense and specifies that the offender
previously has been convicted of or pleaded guilty to a specification
of the type described in section 2941.141, 2941.144, 2941.145,
2941.146, 2941.1412, or 2941.1429 of the Revised Code
.

(b)
If a court imposes a prison term on an offender under division
(B)(1)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. Except as provided in division
(B)(1)(g) of this section, a court shall not impose more than one
prison term on an offender under division (B)(1)(a) of this section
for felonies committed as part of the same act or transaction.

(c)(i)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(A) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home, the court, after imposing a
prison term on the offender for the violation of section 2923.161 of
the Revised Code or for the other felony offense under division (A),
(B)(2), or (B)(3) of this section, shall impose an additional prison
term of
five

seven

years
upon the offender that shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised
Code.

(ii)
Except as provided in division (B)(1)(e) of this section, if an
offender who is convicted of or pleads guilty to a violation of
section 2923.161 of the Revised Code or to a felony that includes, as
an essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another, also is convicted of
or pleads guilty to a specification of the type described in division
(C) of section 2941.146 of the Revised Code that charges the offender
with committing the offense by discharging a firearm from a motor
vehicle other than a manufactured home and that the offender
previously has been convicted of or pleaded guilty to a specification
of the type described in section 2941.141, 2941.144, 2941.145,
2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code, the court, after imposing a prison term on the
offender for the violation of section 2923.161 of the Revised Code or
for the other felony offense under division (A), (B)(2), or (3) of
this section, shall impose an additional prison term of ninety months
upon the offender that shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised
Code.

(iii)
A court shall not impose more than one additional prison term on an
offender under division (B)(1)(c) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term on an offender under division (B)(1)(c) of
this section relative to an offense, the court also shall impose a
prison term under division (B)(1)(a) of this section relative to the
same offense, provided the criteria specified in that division for
imposing an additional prison term are satisfied relative to the
offender and the offense.

(d)
If an offender who is convicted of or pleads guilty to an offense of
violence that is a felony also is convicted of or pleads guilty to a
specification of the type described in section 2941.1411 of the
Revised Code that charges the offender with wearing or carrying body
armor while committing the felony offense of violence, the court
shall impose on the offender an additional prison term of two years.
The prison term so imposed shall not be reduced pursuant to section
2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, or
any other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (B)(1)(d) of this section for felonies
committed as part of the same act or transaction. If a court imposes
an additional prison term under division (B)(1)(a) or (c) of this
section, the court is not precluded from imposing an additional
prison term under division (B)(1)(d) of this section.

(e)
The court shall not impose any of the prison terms described in
division (B)(1)(a) of this section or any of the additional prison
terms described in division (B)(1)(c) of this section upon an
offender for a violation of section 2923.12 or 2923.123 of the
Revised Code. The court shall not impose any of the prison terms
described in division (B)(1)(a) or (b) of this section upon an
offender for a violation of section 2923.122 that involves a deadly
weapon that is a firearm other than a dangerous ordnance, section
2923.16, or section 2923.121 of the Revised Code. The court shall not
impose any of the prison terms described in division (B)(1)(a) of
this section or any of the additional prison terms described in
division (B)(1)(c) of this section upon an offender for a violation
of section 2923.13 of the Revised Code unless all of the following
apply:

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

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

(f)(i)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(A) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer as defined in section 2935.01 of the Revised Code or a
corrections officer, as defined in section 2941.1412 of the Revised
Code, the court, after imposing a prison term on the offender for the
felony offense under division (A), (B)(2), or (B)(3) of this section,
shall impose an additional prison term of seven years upon the
offender that shall not be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.

(ii)
If an offender is convicted of or pleads guilty to a felony that
includes, as an essential element, causing or attempting to cause the
death of or physical harm to another and also is convicted of or
pleads guilty to a specification of the type described in division
(B) of section 2941.1412 of the Revised Code that charges the
offender with committing the offense by discharging a firearm at a
peace officer, as defined in section 2935.01 of the Revised Code, or
a corrections officer, as defined in section 2941.1412 of the Revised
Code, and that the offender previously has been convicted of or
pleaded guilty to a specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code, the court, after imposing a prison term on the
offender for the felony offense under division (A), (B)(2), or (3) of
this section, shall impose an additional prison term of one hundred
twenty-six months upon the offender that shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
5120. of the Revised Code.

(iii)
If an offender is convicted of or pleads guilty to two or more
felonies that include, as an essential element, causing or attempting
to cause the death or physical harm to another and also is convicted
of or pleads guilty to a specification of the type described under
division (B)(1)(f) of this section in connection with two or more of
the felonies of which the offender is convicted or to which the
offender pleads guilty, the sentencing court shall impose on the
offender the prison term specified under division (B)(1)(f) of this
section for each of two of the specifications of which the offender
is convicted or to which the offender pleads guilty and, in its
discretion, also may impose on the offender the prison term specified
under that division for any or all of the remaining specifications.
If a court imposes an additional prison term on an offender under
division (B)(1)(f) of this section relative to an offense, the court
shall not impose a prison term under division (B)(1)(a) or (c) of
this section relative to the same offense.

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

(2)(a)
If division (B)(2)(b) of this section does not apply, the court may
impose on an offender, in addition to the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, in addition to
the longest minimum prison term authorized or required for the
offense, an additional definite prison term of one, two, three, four,
five, six, seven, eight, nine, or ten years if all of the following
criteria are met:

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

(ii)
The offense of which the offender currently is convicted or to which
the offender currently pleads guilty is aggravated murder and the
court does not impose a sentence of death or life imprisonment
without parole, murder, terrorism and the court does not impose a
sentence of life imprisonment without parole, any felony of the first
degree that is an offense of violence and the court does not impose a
sentence of life imprisonment without parole, or any felony of the
second degree that is an offense of violence and the trier of fact
finds that the offense involved an attempt to cause or a threat to
cause serious physical harm to a person or resulted in serious
physical harm to a person.

(iii)
The court imposes the longest prison term for the offense or the
longest minimum prison term for the offense, whichever is applicable,
that is not life imprisonment without parole.

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

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

(b)
The court shall impose on an offender the longest prison term
authorized or required for the offense or, for offenses for which
division (A)(1)(a) or (2)(a) of this section applies, the longest
minimum prison term authorized or required for the offense, and shall
impose on the offender an additional definite prison term of one,
two, three, four, five, six, seven, eight, nine, or ten years if all
of the following criteria are met:

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

(ii)
The offender within the preceding twenty years has been convicted of
or pleaded guilty to three or more offenses described in division

(CC)(1)
(DD)(1)

of section 2929.01 of the Revised Code, including all offenses
described in that division of which the offender is convicted or to
which the offender pleads guilty in the current prosecution and all
offenses described in that division of which the offender previously
has been convicted or to which the offender previously pleaded
guilty, whether prosecuted together or separately.

(iii)
The offense or offenses of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated murder
and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does not
impose a sentence of life imprisonment without parole, any felony of
the first degree that is an offense of violence and the court does
not impose a sentence of life imprisonment without parole, or any
felony of the second degree that is an offense of violence and the
trier of fact finds that the offense involved an attempt to cause or
a threat to cause serious physical harm to a person or resulted in
serious physical harm to a person.

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

(d)
A sentence imposed under division (B)(2)(a) or (b) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or Chapter 5120. of the Revised Code. The offender
shall serve an additional prison term imposed under division
(B)(2)(a) or (b) of this section consecutively to and prior to the
prison term imposed for the underlying offense.

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

(3)
Except when an offender commits a violation of section 2903.01 or
2907.02 of the Revised Code and the penalty imposed for the violation
is life imprisonment or commits a violation of section 2903.02 of the
Revised Code, if the offender commits a violation of section 2925.03
or 2925.11 of the Revised Code and that section classifies the
offender as a major drug offender, if the offender commits a
violation of section 2925.05 of the Revised Code and division (E)(1)
of that section classifies the offender as a major drug offender, if
the offender commits a felony violation of section 2925.02, 2925.04,
2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of section 3719.172, division (E) of
section 4729.51, or division (J) of section 4729.54 of the Revised
Code that includes the sale, offer to sell, or possession of a
schedule I or II controlled substance, with the exception of
marihuana, and the court imposing sentence upon the offender finds
that the offender is guilty of a specification of the type described
in division (A) of section 2941.1410 of the Revised Code charging
that the offender is a major drug offender, if the court imposing
sentence upon an offender for a felony finds that the offender is
guilty of corrupt activity with the most serious offense in the
pattern of corrupt activity being a felony of the first degree, or if
the offender is guilty of an attempted violation of section 2907.02
of the Revised Code and, had the offender completed the violation of
section 2907.02 of the Revised Code that was attempted, the offender
would have been subject to a sentence of life imprisonment or life
imprisonment without parole for the violation of section 2907.02 of
the Revised Code, the court shall impose upon the offender for the
felony violation a mandatory prison term determined as described in
this division that cannot be reduced pursuant to section 2929.20,
division (A)(2) or (3) of section 2967.193 or 2967.194, or any other
provision of Chapter 2967. or 5120. of the Revised Code. The
mandatory prison term shall be the maximum definite prison term
prescribed in division (A)(1)(b) of this section for a felony of the
first degree, except that for offenses for which division (A)(1)(a)
of this section applies, the mandatory prison term shall be the
longest minimum prison term prescribed in that division for the
offense.

(4)
If the offender is being sentenced for a third or fourth degree
felony OVI offense under division (G)(2) of section 2929.13 of the
Revised Code, the sentencing court shall impose upon the offender a
mandatory prison term in accordance with that division. In addition
to the mandatory prison term, if the offender is being sentenced for
a fourth degree felony OVI offense, the court, notwithstanding
division (A)(4) of this section, may sentence the offender to a
definite prison term of not less than six months and not more than
thirty months, and if the offender is being sentenced for a third
degree felony OVI offense, the sentencing court may sentence the
offender to an additional prison term of any duration specified in
division (A)(3) of this section. In either case, the additional
prison term imposed shall be reduced by the sixty or one hundred
twenty days imposed upon the offender as the mandatory prison term.
The total of the additional prison term imposed under division (B)(4)
of this section plus the sixty or one hundred twenty days imposed as
the mandatory prison term shall equal a definite term in the range of
six months to thirty months for a fourth degree felony OVI offense
and shall equal one of the authorized prison terms specified in
division (A)(3) of this section for a third degree felony OVI
offense. If the court imposes an additional prison term under
division (B)(4) of this section, the offender shall serve the
additional prison term after the offender has served the mandatory
prison term required for the offense. In addition to the mandatory
prison term or mandatory and additional prison term imposed as
described in division (B)(4) of this section, the court also may
sentence the offender to a community control sanction under section
2929.16 or 2929.17 of the Revised Code, but the offender shall serve
all of the prison terms so imposed prior to serving the community
control sanction.

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

(5)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1414 of the Revised Code that charges that
the victim of the offense is a peace officer, as defined in section
2935.01 of the Revised Code, an investigator of the bureau of
criminal identification and investigation, as defined in section
2903.11 of the Revised Code, or a firefighter or emergency medical
worker, both as defined in section 2941.1414 of the Revised Code, the
court shall impose on the offender a prison term of five years. If a
court imposes a prison term on an offender under division (B)(5) of
this section, the prison term shall not be reduced pursuant to
section 2929.20, division (A)(2) or (3) of section 2967.193 or
2967.194, or any other provision of Chapter 2967. or Chapter 5120. of
the Revised Code. A court shall not impose more than one prison term
on an offender under division (B)(5) of this section for felonies
committed as part of the same act.

(6)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1415 of the Revised Code that charges that
the offender previously has been convicted of or pleaded guilty to
three or more violations of division (A) of section 4511.19 of the
Revised Code or an equivalent offense, as defined in section
2941.1415 of the Revised Code, or three or more violations of any
combination of those offenses, the court shall impose on the offender
a prison term of three years. If a court imposes a prison term on an
offender under division (B)(6) of this section, the prison term shall
not be reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A court shall not impose more
than one prison term on an offender under division (B)(6) of this
section for felonies committed as part of the same act.

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

(i)
If the offense is a felony of the first degree, a definite prison
term of not less than five years and not greater than eleven years,
except that if the offense is a felony of the first degree committed
on or after March 22, 2019, the court shall impose as the minimum
prison term a mandatory term of not less than five years and not
greater than eleven years;

(ii)
If the offense is a felony of the second or third degree, a definite
prison term of not less than three years and not greater than the
maximum prison term allowed for the offense by division (A)(2)(b) or
(3) of this section, except that if the offense is a felony of the
second degree committed on or after March 22, 2019, the court shall
impose as the minimum prison term a mandatory term of not less than
three years and not greater than eight years;

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

(b)
The prison term imposed under division (B)(7)(a) of this section
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(7)(a) of this
section for felonies committed as part of the same act, scheme, or
plan.

(8)
If an offender is convicted of or pleads guilty to a felony violation
of section 2903.11, 2903.12, or 2903.13 of the Revised Code and also
is convicted of or pleads guilty to a specification of the type
described in section 2941.1423 of the Revised Code that charges that
the victim of the violation was a woman whom the offender knew was
pregnant at the time of the violation, notwithstanding the range
prescribed in division (A) of this section as the definite prison
term or minimum prison term for felonies of the same degree as the
violation, the court shall impose on the offender a mandatory prison
term that is either a definite prison term of six months or one of
the prison terms prescribed in division (A) of this section for
felonies of the same degree as the violation, except that if the
violation is a felony of the first or second degree committed on or
after
arch

March

22,
2019, the court shall impose as the minimum prison term under
division (A)(1)(a) or (2)(a) of this section a mandatory term that is
one of the terms prescribed in that division, whichever is
applicable, for the offense.

(9)(a)
If an offender is convicted of or pleads guilty to a violation of
division (A)(1) or (2) of section 2903.11 of the Revised Code and
also is convicted of or pleads guilty to a specification of the type
described in section 2941.1425 of the Revised Code, the court shall
impose on the offender a mandatory prison term of six years if either
of the following applies:

(i)
The violation is a violation of division (A)(1) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation and the serious physical
harm to another or to another's unborn caused by the violation
resulted in a permanent, serious disfigurement or permanent,
substantial incapacity;

(ii)
The violation is a violation of division (A)(2) of section 2903.11 of
the Revised Code and the specification charges that the offender used
an accelerant in committing the violation, that the violation caused
physical harm to another or to another's unborn, and that the
physical harm resulted in a permanent, serious disfigurement or
permanent, substantial incapacity.

(b)
If a court imposes a prison term on an offender under division
(B)(9)(a) of this section, the prison term shall not be reduced
pursuant to section 2929.20, division (A)(2) or (3) of section
2967.193 or 2967.194, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. A court shall not impose more than
one prison term on an offender under division (B)(9) of this section
for felonies committed as part of the same act.

(c)
The provisions of divisions (B)(9) and (C)(6) of this section and of
division (D)(2) of section 2903.11, division (F)(20) of section
2929.13, and section 2941.1425 of the Revised Code shall be known as
"Judy's Law."

(10)
If an offender is convicted of or pleads guilty to a violation of
division (A) of section 2903.11 of the Revised Code and also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1426 of the Revised Code that charges that
the victim of the offense suffered permanent disabling harm as a
result of the offense and that the victim was under ten years of age
at the time of the offense, regardless of whether the offender knew
the age of the victim, the court shall impose upon the offender an
additional definite prison term of six years. A prison term imposed
on an offender under division (B)(10) of this section shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. If a court imposes an
additional prison term on an offender under this division relative to
a violation of division (A) of section 2903.11 of the Revised Code,
the court shall not impose any other additional prison term on the
offender relative to the same offense.

(11)
If an offender is convicted of or pleads guilty to a felony violation
of section 2925.03 or 2925.05 of the Revised Code or a felony
violation of section 2925.11 of the Revised Code for which division
(C)(11) of that section applies in determining the sentence for the
violation, if the drug involved in the violation is a
fentanyl-related compound or a compound, mixture, preparation, or
substance containing a fentanyl-related compound, and if the offender
also is convicted of or pleads guilty to a specification of the type
described in division (B) of section 2941.1410 of the Revised Code
that charges that the offender is a major drug offender, in addition
to any other penalty imposed for the violation, the court shall
impose on the offender a mandatory prison term of three, four, five,
six, seven, or eight years. If a court imposes a prison term on an
offender under division (B)(11) of this section, the prison term
shall not be reduced pursuant to section 2929.20, division (A)(2) or
(3) of section 2967.193 or 2967.194, or any other provision of
Chapter 2967. or 5120. of the Revised Code. A court shall not impose
more than one prison term on an offender under division (B)(11) of
this section for felonies committed as part of the same act.

(12)
If an offender who is convicted of or pleads guilty to a felony is
also convicted of or pleads guilty to a specification of the type
described in section 2941.1427 of the Revised Code that charges the
offender with being a repeat offender, the court shall impose on the
offender a mandatory prison term of three, four, or five years.

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

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

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

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

(e)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(11) of this section, the offender shall serve the
mandatory prison term consecutively to any other mandatory prison
term imposed under that division, consecutively to and prior to any
prison term imposed for the underlying felony, and consecutively to
any other prison term or mandatory prison term previously or
subsequently imposed upon the offender.

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

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

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

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

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

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

(5)
If a mandatory prison term is imposed upon an offender pursuant to
division (B)(5) or (6) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.06 of the Revised Code pursuant to division (A) of this
section or section 2929.142 of the Revised Code. If a mandatory
prison term is imposed upon an offender pursuant to division (B)(5)
of this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (B)(6) of this section in relation
to the same violation, the offender shall serve the mandatory prison
term imposed pursuant to division (B)(5) of this section
consecutively to and prior to the mandatory prison term imposed
pursuant to division (B)(6) of this section and consecutively to and
prior to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of the
Revised Code.

(6)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(9) of this section, the offender shall serve the
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying violation of division (A)(1) or (2) of
section 2903.11 of the Revised Code and consecutively to and prior to
any other prison term or mandatory prison term previously or
subsequently imposed on the offender.

(7)
If a mandatory prison term is imposed on an offender pursuant to
division (B)(10) of this section, the offender shall serve that
mandatory prison term consecutively to and prior to any prison term
imposed for the underlying felonious assault. Except as otherwise
provided in division (C) of this section, any other prison term or
mandatory prison term previously or subsequently imposed upon the
offender may be served concurrently with, or consecutively to, the
prison term imposed pursuant to division (B)(10) of this section.

(8)
Any prison term imposed for a violation of section 2903.04 of the
Revised Code that is based on a violation of section 2925.03 or
2925.11 of the Revised Code or on a violation of section 2925.05 of
the Revised Code that is not funding of marihuana trafficking shall
run consecutively to any prison term imposed for the violation of
section 2925.03 or 2925.11 of the Revised Code or for the violation
of section 2925.05 of the Revised Code that is not funding of
marihuana trafficking.

(9)
When consecutive prison terms are imposed pursuant to division
(C)(1), (2), (3), (4), (5), (6), (7), or (8) or division (H)(1) or
(2) of this section, subject to division (C)(10) of this section, the
term to be served is the aggregate of all of the terms so imposed.

(10)
When a court sentences an offender to a non-life felony indefinite
prison term, any definite prison term or mandatory definite prison
term previously or subsequently imposed on the offender in addition
to that indefinite sentence that is required to be served
consecutively to that indefinite sentence shall be served prior to
the indefinite sentence.

(11)
If a court is sentencing an offender for a felony of the first or
second degree, if division (A)(1)(a) or (2)(a) of this section
applies with respect to the sentencing for the offense, and if the
court is required under the Revised Code section that sets forth the
offense or any other Revised Code provision to impose a mandatory
prison term for the offense, the court shall impose the required
mandatory prison term as the minimum term imposed under division
(A)(1)(a) or (2)(a) of this section, whichever is applicable.

(D)(1)
If a court imposes a prison term, other than a term of life
imprisonment, for a felony of the first degree, for a felony of the
second degree, for a felony sex offense, or for a felony of the third
degree that is an offense of violence and that is not a felony sex
offense, it shall include in the sentence a requirement that the
offender be subject to a period of post-release control after the
offender's release from imprisonment, in accordance with section
2967.28 of the Revised Code. If a court imposes a sentence including
a prison term of a type described in this division on or after July
11, 2006, the failure of a court to include a post-release control
requirement in the sentence pursuant to this division does not
negate, limit, or otherwise affect the mandatory period of
post-release control that is required for the offender under division
(B) of section 2967.28 of the Revised Code. Section 2929.191 of the
Revised Code applies if, prior to July 11, 2006, a court imposed a
sentence including a prison term of a type described in this division
and failed to include in the sentence pursuant to this division a
statement regarding post-release control.

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

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

(1)
A person is convicted of or pleads guilty to a violent sex offense or
a designated homicide, assault, or kidnapping offense, and, in
relation to that offense, the offender is adjudicated a sexually
violent predator.

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

(3)
A person is convicted of or pleads guilty to attempted rape committed
on or after January 2, 2007, and a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(K)(1)
The court shall impose an additional mandatory prison term of two,
three, four, five, six, seven, eight, nine, ten, or eleven years on
an offender who is convicted of or pleads guilty to a violent felony
offense if the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1424 of the
Revised Code that charges that the offender is a violent career
criminal and had a firearm on or about the offender's person or under
the offender's control while committing the presently charged violent
felony offense and displayed or brandished the firearm, indicated
that the offender possessed a firearm, or used the firearm to
facilitate the offense. The offender shall serve the prison term
imposed under this division consecutively to and prior to the prison
term imposed for the underlying offense. The prison term shall not be
reduced pursuant to section 2929.20, division (A)(2) or (3) of
section 2967.193 or 2967.194, or any other provision of Chapter 2967.
or 5120. of the Revised Code. A court may not impose more than one
sentence under division (B)(2)(a) of this section and this division
for acts committed as part of the same act or transaction.

(2)
As used in division (K)(1) of this section, "violent career
criminal" and "violent felony offense" have the same
meanings as in section 2923.132 of the Revised Code.

(L)
If an offender receives or received a sentence of life imprisonment
without parole, a sentence of life imprisonment, a definite sentence,
or a sentence to an indefinite prison term under this chapter for a
felony offense that was committed when the offender was under
eighteen years of age, the offender's parole eligibility shall be
determined under section 2967.132 of the Revised Code.

Sec.
2929.34.
(A)
A person who is convicted of or pleads guilty to aggravated murder,
murder, or an offense punishable by life imprisonment and who is
sentenced to a term of life imprisonment or a prison term pursuant to
that conviction shall serve that term in an institution under the
control of the department of rehabilitation and correction.

(B)(1)
A person who is convicted of or pleads guilty to a felony other than
aggravated murder, murder, or an offense punishable by life
imprisonment and who is sentenced to a term of imprisonment or a
prison term pursuant to that conviction shall serve that term as
follows:

(a)
Subject to divisions (B)(1)(b), (B)(2), and (B)(3) of this section,
in an institution under the control of the department of
rehabilitation and correction if the term is a prison term or as
otherwise determined by the sentencing court pursuant to section
2929.16 of the Revised Code if the term is not a prison term;

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

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

(3)(a)
As used in divisions (B)(3)(a) to (d) of this section, "voluntary
county" means any county in which the board of county
commissioners of the county and the administrative judge of the
general division of the court of common pleas of the county enter
into an agreement of the type described in division (B)(3)(b) of this
section and in which the agreement has not been terminated as
described in that division.

(b)(i)
In any voluntary county, the board of county commissioners of the
county and the administrative judge of the general division of the
court of common pleas of the county may agree to having the county
participate in the targeted community alternatives to prison (T-CAP)
program for prisoners who serve a term in a facility pursuant to
division (B)(3)(c) of this section by submitting a memorandum of
understanding, either as a single county or jointly with other
counties, to the department of rehabilitation and correction for
approval, pursuant to section 5149.38 of the Revised Code. A board of
county commissioners and an administrative judge of a court of common
pleas that enter into an agreement of the type described in this
division may terminate the agreement, but a termination under this
division shall take effect only at the end of the state fiscal
biennium in which the termination decision is made.

(ii)
The department of rehabilitation and correction shall establish
deadlines for a voluntary county to indicate the voluntary county's
participation in the targeted community alternatives to prison
(T-CAP) program before each state fiscal biennium.

(iii)
In reviewing a submitted memorandum of understanding for approval,
the department of rehabilitation and correction shall prioritize a
voluntary county that has previously been a voluntary county. The
department of rehabilitation and correction may review a memorandum
of understanding for a new voluntary county if the general assembly
has appropriated sufficient funds for that purpose.

(c)
Except as provided in division (B)(3)(d) of this section, in any
voluntary county, either division (B)(3)(c)(i) or divisions
(B)(3)(c)(i) and (ii) of this section shall apply:

(i)
On and after July 1, 2018, no person sentenced by the court of common
pleas of a voluntary county to a prison term for a felony of the
fifth degree shall serve the term in an institution under the control
of the department of rehabilitation and correction. The person shall
instead serve the sentence as a term of confinement in a facility of
a type described in division (C) or (D) of this section.

(ii)
On and after September 1, 2022, no person sentenced by the court of
common pleas of a voluntary county to a prison term for a felony of
the fourth degree shall serve the term in an institution under the
control of the department of rehabilitation and correction. The
person shall instead serve the sentence as a term of confinement in a
facility of a type described in division (C) or (D) of this section.

Nothing
in this division relieves the state of its obligation to pay for the
cost of confinement of the person in a community-based correctional
facility under division (D) of this section.

(d)
Division (B)(3)(c) of this section does not apply to any person to
whom any of the following apply:

(i)
The felony of the fourth or fifth degree was an offense of violence,
as defined in section 2901.01 of the Revised Code, a sex offense
under Chapter 2907. of the Revised Code, a violation of section
2925.03 of the Revised Code, or any offense for which a mandatory
prison term is required.

(ii)
The person previously has been convicted of or pleaded guilty to any
felony offense of violence, as defined in section 2901.01 of the
Revised Code, unless the felony of the fifth degree for which the
person is being sentenced is a violation of division (I)(1) of
section 2903.43 of the Revised Code.

(iii)
The person previously has been convicted of or pleaded guilty to any
felony sex offense under Chapter 2907. of the Revised Code.

(iv)
The person's sentence is required to be served concurrently to any
other sentence imposed upon the person for a felony that is required
to be served in an institution under the control of the department of
rehabilitation and correction.

(v)
The felony of the fourth degree was a violation of division (A)(1),
(3), (4), or (5) of section 2923.13 of the Revised Code.

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

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

Sec.
2930.171.
(A)
In determining whether to grant an application to seal or expunge a
juvenile record pursuant to section 2151.356 or 2151.358 of the
Revised Code, the court shall notify the prosecutor regarding the
hearing of the matter not less than thirty days before the hearing.
In determining whether to grant an application to seal or expunge a
record of conviction or bail forfeiture pursuant to section 2953.32
,
2953.321, 2953.322, 2953.323,

or 2953.39 of the Revised Code, the court shall notify the prosecutor
not less than sixty days before the hearing, unless a shorter notice
period is agreed to by the prosecutor and the court. The prosecutor
shall provide timely notice to a victim of the criminal offense or
delinquent act for which the offender or juvenile was incarcerated or
committed and the victim's representative, if applicable, if the
victim or victim's representative has requested notice and maintains
current contact information with the prosecutor. The court shall
permit a victim, the victim's representative, and the victim's
attorney, if applicable, to make a statement, in addition to any
other statement made under this chapter, concerning the effects of
the criminal offense or delinquent act on the victim, the
circumstances surrounding the criminal offense or delinquent act, the
manner in which the criminal offense or delinquent act was
perpetrated, and the victim's, victim's representative's, or victim's
attorney's, if applicable, opinion whether the record should be
sealed or expunged. The victim, victim's representative, or victim's
attorney, if applicable, may be heard in writing, orally, or both at
the victim's, victim's representative's, or victim's attorney's, if
applicable, discretion. The court shall give the offender or juvenile
an opportunity to review a copy of any written impact statement made
by the victim, victim's representative, and victim's attorney, if
applicable, under this division. The court shall give to either the
adult parole authority or the department of youth services, whichever
is applicable, a copy of any written impact statement made by the
victim, victim's representative, and victim's attorney, if
applicable, under this division.

(B)
In deciding whether to seal or expunge a record under any section
listed in division (A) of this section, the court shall consider a
statement made by the victim, victim's representative, and victim's
attorney, if applicable, under division (A) of this section or
section 2930.14 or 2947.051 of the Revised Code.

(C)
Upon making a determination whether to grant an application to seal
or expunge a record of conviction or bail forfeiture pursuant to
section 2953.32
,
2953.321, 2953.322, 2953.323,

or 2953.39 of the Revised Code or an application to seal or expunge a
juvenile record pursuant to section 2151.356 or 2151.358 of the
Revised Code, the court promptly shall notify the prosecutor of the
determination. The prosecutor shall promptly notify the victim and
the victim's representative, if applicable, after receiving the
notice from the court.

Sec.
2941.141.
(A)
Imposition of a one-year mandatory prison term upon an offender under
division (B)(1)(a)(iii) of section 2929.14 of the Revised Code is
precluded unless the indictment, count in the indictment, or
information charging the offense specifies that the offender had a
firearm on or about the offender's person or under the offender's
control while committing the offense. The specification shall be
stated at the end of the body of the indictment, count, or
information, and shall be in substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender had a
firearm on or about the offender's person or under the offender's
control while committing the offense.)"

(B)
Imposition of a one-year mandatory prison term upon an offender under
division (B)(1)(a)(iii) of section 2929.14 of the Revised Code is
precluded if a court imposes an eighteen-month, three-year,

fifty-four-month

five-year
,
six-year
,
nine-year, ten-year
,
or

nine-year

fifteen-year

mandatory
prison term on the offender under division (B)(1)(a)(i), (ii), (iv),
(v),
or

(vi)
,
(vii), (viii), or (ix)

of that section relative to the same felony.

(C)
The specification described in division (A) of this section may be
used in a delinquent child proceeding in the manner and for the
purpose described in section 2152.17 of the Revised Code.

(D)
Imposition of an eighteen-month mandatory prison term upon an
offender under division (B)(1)(a)(vi) of section 2929.14 of the
Revised Code is precluded unless the indictment, count in the
indictment, or information charging the offense specifies that the
offender had a firearm on or about the offender's person or under the
offender's control while committing the offense and that the offender
previously had been convicted of or pleaded guilty to a firearm
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code. The specification shall be stated at the end of
the body of the indictment, count, or information, and shall be in
substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or prosecuting attorney's name when appropriate) further
find and specify that (set forth that the offender had a firearm on
or about the offender's person or under the offender's control while
committing the offense and that the offender previously has been
convicted of or pleaded guilty to a firearm specification of the type
described in section 2941.141, 2941.144, 2941.145, 2941.146, or
2941.1412 of the Revised Code.)"

(E)
Imposition of an eighteen-month mandatory prison term upon an
offender under division (B)(1)(a)(vi) of section 2929.14 of the
Revised Code is precluded if the court imposes a one-year,
three-year,

fifty-four-month

five-year
,
six-year
,
nine-year, ten-year
,
or

nine-year

fifteen-year

mandatory
prison term on the offender under division (B)(1)(a)(i), (ii), (iii),
(iv),
or

(v)
,
(vii), (viii), or (ix)

of that section relative to the same felony.

(F)
As used in this section, "firearm" has the same meaning as
in section 2923.11 of the Revised Code.

Sec.
2941.144.
(A)
Imposition of a six-year mandatory prison term upon an offender under
division (B)(1)(a)(i) of section 2929.14 of the Revised Code is
precluded unless the indictment, count in the indictment, or
information charging the offense specifies that the offender had a
firearm that is an automatic firearm or that was equipped with a
firearm muffler or suppressor on or about the offender's person or
under the offender's control while committing the offense. The
specification shall be stated at the end of the body of the
indictment, count, or information and shall be stated in
substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender had a
firearm that is an automatic firearm or that was equipped with a
firearm muffler or suppressor on or about the offender's person or
under the offender's control while committing the offense)."

(B)
Imposition of a six-year mandatory prison term upon an offender under
division (B)(1)(a)(i) of section 2929.14 of the Revised Code is
precluded if a court imposes a one-year, eighteen-month, three-year,

fifty-four-month

five-year
,

or

nine-year
,
ten-year, or

fifteen-year

mandatory
prison term on the offender under division (B)(1)(a)(ii), (iii),
(iv), (v),
or

(vi)
,
(vii), (viii), or (ix)

of that section relative to the same felony.

(C)
The specification described in division (A) of this section may be
used in a delinquent child proceeding in the manner and for the
purpose described in section 2152.17 of the Revised Code.

(D)
Imposition of a nine-year mandatory prison term upon an offender
under division (B)(1)(a)(iv) of section 2929.14 of the Revised Code
is precluded unless the indictment, count in the indictment, or
information charging the offense specifies that the offender had a
firearm that is an automatic firearm or that was equipped with a
firearm muffler or suppressor on or about the offender's person or
under the offender's control while committing the offense and that
the offender previously has been convicted of or pleaded guilty to a
firearm specification of the type described in section 2941.141,
2941.144, 2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code. The specification shall be stated at the end of
the body of the indictment, count, or information, and shall be in
substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender had a
firearm that is an automatic firearm or that was equipped with a
firearm muffler or suppressor on or about the offender's person or
under the offender's control while committing the offense and that
the offender previously has been convicted of or pleaded guilty to a
firearm specification of the type described in section 2941.141,
2941.144, 2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code.)"

(E)
Imposition of a nine-year mandatory prison term upon an offender
under division (B)(1)(a)(iv) of section 2929.14 of the Revised Code
is precluded if the court imposes a one-year, eighteen-month,
three-year,

fifty-four-month

five-year
,

or

six-year
,

ten-year,
or fifteen-year
mandatory
prison term on the offender under division (B)(1)(a)(i), (ii), (iii),
(v),
or

(vi)
,
(vii), (viii), or (ix)

of that section relative to the same felony.

(F)
As used in this section, "firearm" and "automatic
firearm" have the same meanings as in section 2923.11 of the
Revised Code.

Sec.
2941.145.
(A)
Imposition of a three-year mandatory prison term upon an offender
under division (B)(1)(a)(ii) of section 2929.14 of the Revised Code
is precluded unless the indictment, count in the indictment, or
information charging the offense specifies that the offender had a
firearm on or about the offender's person or under the offender's
control while committing the offense and displayed the firearm,
brandished the firearm, indicated that the offender possessed the
firearm, or used it to facilitate the offense. The specification
shall be stated at the end of the body of the indictment, count, or
information, and shall be stated in substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender had a
firearm on or about the offender's person or under the offender's
control while committing the offense and displayed the firearm,
brandished the firearm, indicated that the offender possessed the
firearm, or used it to facilitate the offense)."

(B)
Imposition of a three-year mandatory prison term upon an offender
under division (B)(1)(a)(ii) of section 2929.14 of the Revised Code
is precluded if a court imposes a one-year, eighteen-month,

six-year, fifty-four-month

five-year
,

six-year,
nine-year, ten-year,
or

nine-year

fifteen-year

mandatory
prison term on the offender under division (B)(1)(a)(i), (iii), (iv),
(v),
or

(vi)
,
(vii), (viii), or (ix)

of that section relative to the same felony.

(C)
The specification described in division (A) of this section may be
used in a delinquent child proceeding in the manner and for the
purpose described in section 2152.17 of the Revised Code.

(D)
Imposition of a
five-year

mandatory
prison term
of
fifty-four months
upon
an offender under division (B)(1)(a)(v) of section 2929.14 of the
Revised Code is precluded unless the indictment, count in the
indictment, or information charging the offense specifies that the
offender had a firearm on or about the offender's person or under the
offender's control while committing the offense and displayed the
firearm, brandished the firearm, indicated that the offender
possessed a firearm, or used the firearm to facilitate the offense
and that the offender previously has been convicted of or pleaded
guilty to a firearm specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code. The specification shall be stated at the end of
the body of the indictment, count, or information, and shall be in
substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender had a
firearm on or about the offender's person or under the offender's
control while committing the offense and displayed the firearm,
brandished the firearm, indicated that the offender possessed a
firearm, or used the firearm to facilitate the offense and that the
offender previously has been convicted of or pleaded guilty to a
firearm specification of the type described in section 2941.141,
2941.144, 2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code.)"

(E)
Imposition of a

five-year

mandatory prison term
of
fifty-four months
upon
an offender under division (B)(1)(a)(v) of section 2929.14 of the
Revised Code is precluded if the court imposes a one-year,
eighteen-month, three-year,
five-year,
six-year, nine-year, ten-year,
or

nine-year

fifteen-year

mandatory
prison term on the offender under division (B)(1)(a)(i), (ii), (iii),
(iv),
or

(vi)
,
(vii), (viii), or (ix)

of that section relative to the same felony.

(F)
As used in this section, "firearm" has the same meaning as
in section 2923.11 of the Revised Code.

Sec.
2941.146.
(A)
Imposition of a mandatory
five-year

seven-year

prison
term upon an offender under division (B)(1)(c)(i) of section 2929.14
of the Revised Code for committing a violation of section 2923.161 of
the Revised Code or for committing a felony that includes, as an
essential element, purposely or knowingly causing or attempting to
cause the death of or physical harm to another and that was committed
by discharging a firearm from a motor vehicle other than a
manufactured home is precluded unless the indictment, count in the
indictment, or information charging the offender specifies that the
offender committed the offense by discharging a firearm from a motor
vehicle other than a manufactured home. The specification shall be
stated at the end of the body of the indictment, count, or
information, and shall be stated in substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or prosecuting attorney's name when appropriate) further
find and specify that (set forth that the offender committed the
violation of section 2923.161 of the Revised Code or the felony that
includes, as an essential element, purposely or knowingly causing or
attempting to cause the death of or physical harm to another and that
was committed by discharging a firearm from a motor vehicle other
than a manufactured home)."

(B)
The specification described in division (A) of this section may be
used in a delinquent child proceeding in the manner and for the
purpose described in section 2152.17 of the Revised Code.

(C)
Imposition of a ninety-month mandatory prison term under division
(B)(1)(c)(ii) of section 2929.14 of the Revised Code for committing a
violation of section 2923.161 of the Revised Code or for committing a
felony that includes, as an essential element, purposely or knowingly
causing or attempting to cause the death of or physical harm to
another and that was committed by discharging a firearm from a motor
vehicle other than a manufactured home is precluded unless the
indictment, count in the indictment, or information charging the
offender specifies that the offender committed the offense by
discharging a firearm from a motor vehicle other than a manufactured
home and that the offender previously has been convicted of or
pleaded guilty to a firearm specification of the type described in
section 2941.141, 2941.144, 2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code. The specification shall be stated at the end of
the body of the indictment, count, or information, and shall be
stated in substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or prosecuting attorney's name where appropriate)
further find and specify that (set forth that the offender committed
the violation of section 2923.161 of the Revised Code or the felony
that includes, as an essential element, purposely or knowingly
causing or attempting to cause the death of or physical harm to
another and that was committed by discharging a firearm from a motor
vehicle other than a manufactured home and that the offender
previously has been convicted of or pleaded guilty to a firearm
specification of the type described in section 2941.141, 2941.144,
2941.145, 2941.146,
or

2941.1412
,
or 2941.1429

of the Revised Code)."

(D)
As used in this section:

(1)
"Firearm" has the same meaning as in section 2923.11 of the
Revised Code;

(2)
"Motor vehicle" and "manufactured home" have the
same meanings as in section 4501.01 of the Revised Code.

Sec.
2941.1427.
(A)
Imposition of a three, four, or five-year mandatory prison term upon
an offender pursuant to division (B)(12) of section 2929.14 of the
Revised Code, pursuant to determination by a court that an offender
is a repeat offender, is precluded unless the indictment, count in
the indictment, or information charging the offender specifies that
the offender is a repeat offender. The specification shall be stated
at the end of the body of the indictment, count, or information, and
shall be stated in substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or prosecuting attorney's name when appropriate) further
find and specify that (set forth that the offender is a repeat
offender)."

(B)
The court shall determine the issue of whether an offender is a
repeat offender.

(C)
At the arraignment of the defendant or as soon thereafter as is
practicable, the prosecuting attorney may give notice to the
defendant of the prosecuting attorney's intention to use a certified
copy of the entry of judgment of a prior conviction as proof of that
prior conviction. The defendant must then give notice to the
prosecuting attorney of the defendant's intention to object to the
use of the entry of judgment. If the defendant pursuant to Criminal
Rule 12 does not give notice of that intention to the prosecuting
attorney before trial, the defendant waives the objection to the use
of an entry of judgment as proof of the defendant's prior conviction,
as shown on the entry of judgment.

(D)
Imposition of a three, four, or five-year mandatory prison term upon
an offender pursuant to division (B)(12) of section 2929.14 of the
Revised Code is precluded if the court imposes a one, two, three,
four, five, six, seven, eight, nine, ten, or eleven-year mandatory
prison term on the offender under section 2941.149, 2941.1410, or
2941.1424 of the Revised Code relative to that same felony.

(E)
As used in this section, "repeat offender" has the same
meaning as in section 2929.01 of the Revised Code.

Sec.
2941.1428.
(A)
Imposition of a five-year mandatory prison term upon an offender
under division (B)(1)(a)(vii) of section 2929.14 of the Revised Code
is precluded unless the indictment, count in the indictment, or
information charging the offense specifies that the offender
discharged a firearm while committing the offense. The specification
shall be stated at the end of the body of the indictment, count, or
information, and shall be stated in substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender discharged
a firearm while committing the offense.)"

(B)
Imposition of a five-year mandatory prison term upon an offender
under division (B)(1)(a)(vii) of section 2929.14 of the Revised Code
is precluded if the court imposes a one-year, eighteen-month,
three-year, five-year, six-year, nine-year, ten-year, or fifteen-year
mandatory prison term on the offender under division (B)(1)(a)(i),
(ii), (iii), (iv), (v), (vi), (viii), or (ix) of that section
relative to the same felony.

(C)
The specification described in division (A) of this section may be
used in a delinquent child proceeding in the manner and for the
purpose described in section 2152.17 of the Revised Code.

(D)
As used in this section, "firearm" has the same meaning as
in section 2923.11 of the Revised Code.

Sec.
2941.1429.
(A)
Imposition of a ten-year mandatory prison term upon an offender under
division (B)(1)(a)(viii) of section 2929.14 of the Revised Code is
precluded unless the indictment, count in the indictment, or
information charging the offense specifies that the offender had a
firearm that is an automatic firearm or that was equipped with a
firearm muffler or suppressor on or about the offender's person or
under the offender's control while committing the offense and
displayed the firearm, brandished the firearm, indicated that the
offender possessed the firearm, or used it to facilitate the offense.
The specification shall be stated at the end of the body of the
indictment, count, or information and shall be stated in
substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender had a
firearm that is an automatic firearm or that was equipped with a
firearm muffler or suppressor on or about the offender's person or
under the offender's control while committing the offense and
displayed the firearm, brandished the firearm, indicated that the
offender possessed the firearm, or used it to facilitate the
offense)."

(B)
Imposition of a ten-year mandatory prison term upon an offender under
division (B)(1)(a)(viii) of section 2929.14 of the Revised Code is
precluded if a court imposes a one-year, eighteen-month, three-year,
five-year, six-year, nine-year, or fifteen-year mandatory prison term
on the offender under division (B)(1)(a)(i), (ii), (iii), (iv), (v),
(vi), (vii), or (ix) of that section relative to the same felony.

(C)
The specification described in division (A) of this section may be
used in a delinquent child proceeding in the manner and for the
purpose described in section 2152.17 of the Revised Code.

(D)
Imposition of a fifteen-year mandatory prison term upon an offender
under division (B)(1)(a)(ix) of section 2929.14 of the Revised Code
is precluded unless the indictment, count in the indictment, or
information charging the offense specifies that the offender had a
firearm that is an automatic firearm or that was equipped with a
firearm muffler or suppressor on or about the offender's person or
under the offender's control while committing the offense and
displayed the firearm, brandished the firearm, indicated that the
offender possessed the firearm, or used it to facilitate the offense
and that the offender previously has been convicted of or pleaded
guilty to a firearm specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, or 2941.1429 of
the Revised Code. The specification shall be stated at the end of the
body of the indictment, count, or information, and shall be in
substantially the following form:

"SPECIFICATION
(or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert
the person's or the prosecuting attorney's name when appropriate)
further find and specify that (set forth that the offender had a
firearm that is an automatic firearm or that was equipped with a
firearm muffler or suppressor on or about the offender's person or
under the offender's control while committing the offense and
displayed the firearm, brandished the firearm, indicated that the
offender possessed the firearm, or used it to facilitate the offense
and that the offender previously has been convicted of or pleaded
guilty to a firearm specification of the type described in section
2941.141, 2941.144, 2941.145, 2941.146, 2941.1412, or 2941.1429 of
the Revised Code)."

(E)
Imposition of a fifteen-year mandatory prison term upon an offender
under division (B)(1)(a)(ix) of section 2929.14 of the Revised Code
is precluded if the court imposes a one-year, eighteen-month,
three-year, five-year, six-year, nine-year, or ten-year mandatory
prison term on the offender under division (B)(1)(a)(i), (ii), (iii),
(iv), (v), (vi), (vii), or (xiii) of that section relative to the
same felony.

(F)
As used in this section, "firearm" and "automatic
firearm" have the same meanings as in section 2923.11 of the
Revised Code.

Sec.
2951.041.
(A)(1)
If an offender is charged with a criminal offense, including but not
limited to a violation of section 2913.02, 2913.03, 2913.11, 2913.21,
2913.31, or 2919.21 of the Revised Code, and the court has reason to
believe that drug or alcohol usage by the offender was a factor
leading to the criminal offense with which the offender is charged or
that, at the time of committing that offense, the offender had a
mental illness, was a person with an intellectual disability, or was
a victim of a violation of section 2905.32 or 2907.21 of the Revised
Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to the offender's criminal behavior, the court may
accept, prior to the entry of a guilty plea, the offender's request
for intervention in lieu of conviction. The request shall include a
statement from the offender as to whether the offender is alleging
that drug or alcohol usage by the offender was a factor leading to
the criminal offense with which the offender is charged or is
alleging that, at the time of committing that offense, the offender
had a mental illness, was a person with an intellectual disability,
or was a victim of a violation of section 2905.32 or 2907.21 of the
Revised Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to the criminal offense with which the offender is
charged. The request also shall include a waiver of the defendant's
right to a speedy trial, the preliminary hearing, the time period
within which the grand jury may consider an indictment against the
offender, and arraignment, unless the hearing, indictment, or
arraignment has already occurred. Unless an offender alleges that
drug or alcohol usage by the offender was a factor leading to the
criminal offense with which the offender is charged, the court may
reject an offender's request without a hearing. If the court elects
to consider an offender's request or the offender alleges that drug
or alcohol usage by the offender was a factor leading to the criminal
offense with which the offender is charged, the court shall conduct a
hearing to determine whether the offender is eligible under this
section for intervention in lieu of conviction and shall stay all
criminal proceedings pending the outcome of the hearing. If the court
schedules a hearing, the court shall order an assessment of the
offender for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan.

If
the offender alleges that drug or alcohol usage by the offender was a
factor leading to the criminal offense with which the offender is
charged, the court may order that the offender be assessed by a
community addiction services provider or a properly credentialed
professional for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan. The community addiction services
provider or the properly credentialed professional shall provide a
written assessment of the offender to the court.

(2)
The victim notification provisions of division (E) of section 2930.06
of the Revised Code apply in relation to any hearing held under
division (A)(1) of this section.

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

(1)
The offender previously has not been convicted of or pleaded guilty
to any felony offense of violence.

(2)
The offense is not a felony of the first, second, or third degree, is
not an offense of violence, is not a felony sex offense, is not a
violation of division (A)(1) or (2) of section 2903.06 of the Revised
Code, is not a violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a violation of division (A) of section 4511.19
of the Revised Code or a municipal ordinance that is substantially
similar to that division, and is not an offense for which a
sentencing court is required to impose a mandatory prison term.

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

(4)
If an offender alleges that drug or alcohol usage by the offender was
a factor leading to the criminal offense with which the offender is
charged, the court has ordered that the offender be assessed by a
community addiction services provider or a properly credentialed
professional for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan, the offender has been assessed by a
community addiction services provider of that nature or a properly
credentialed professional in accordance with the court's order, and
the community addiction services provider or properly credentialed
professional has filed the written assessment of the offender with
the court.

(5)
If an offender alleges that, at the time of committing the criminal
offense with which the offender is charged, the offender had a mental
illness, was a person with an intellectual disability, or was a
victim of a violation of section 2905.32 or 2907.21 of the Revised
Code and that the mental illness, status as a person with an
intellectual disability, or fact that the offender was a victim of a
violation of section 2905.32 or 2907.21 of the Revised Code was a
factor leading to that offense, the offender has been assessed by a
psychiatrist, psychologist, independent social worker, licensed
professional clinical counselor, or independent marriage and family
therapist for the purpose of determining the offender's program
eligibility for intervention in lieu of conviction and recommending
an appropriate intervention plan.

(6)
The offender's drug usage, alcohol usage, mental illness, or
intellectual disability, or the fact that the offender was a victim
of a violation of section 2905.32 or 2907.21 of the Revised Code,
whichever is applicable, was a factor leading to the criminal offense
with which the offender is charged, intervention in lieu of
conviction would not demean the seriousness of the offense, and
intervention would substantially reduce the likelihood of any future
criminal activity.

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

(8)
If the offender is charged with a violation of section 2925.24 of the
Revised Code, the alleged violation did not result in physical harm
to any person.

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

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

(C)
At the conclusion of a hearing held pursuant to division (A) of this
section, the court shall determine whether the offender will be
granted intervention in lieu of conviction. In making this
determination, the court shall presume that intervention in lieu of
conviction is appropriate. If the court finds under this division and
division (B) of this section that the offender is eligible for
intervention in lieu of conviction, the court shall grant the
offender's request unless the court finds specific reasons to believe
that the candidate's participation in intervention in lieu of
conviction would be inappropriate.

If
the court denies an eligible offender's request for intervention in
lieu of conviction, the court shall state the reasons for the denial,
with particularity, in a written entry.

If
the court grants the offender's request, the court shall accept the
offender's plea of guilty and waiver of the defendant's right to a
speedy trial, the preliminary hearing, the time period within which
the grand jury may consider an indictment against the offender, and
arraignment, unless the hearing, indictment, or arraignment has
already occurred. In addition, the court then may stay all criminal
proceedings and order the offender to comply with all terms and
conditions imposed by the court pursuant to division (D) of this
section. If the court finds that the offender is not eligible or does
not grant the offender's request, the criminal proceedings against
the offender shall proceed as if the offender's request for
intervention in lieu of conviction had not been made.

(D)
If the court grants an offender's request for intervention in lieu of
conviction, all of the following apply:

(1)
The court shall place the offender under the general control and
supervision of one of the following, as if the offender was subject
to a community control sanction imposed under section 2929.15,
2929.18, or 2929.25 of the Revised Code:

(a)
The county probation department, the adult parole authority, or
another appropriate local probation or court services agency, if one
exists;

(b)
If the court grants the request for intervention in lieu of
conviction during the period commencing on April 4, 2023, and ending
on October 15, 2025, a community-based correctional facility.

(2)
The court shall establish an intervention plan for the offender.

(3)
The terms and conditions of the intervention plan required under
division (D)(2) of this section shall require the offender, for at
least one year, but not more than five years, from the date on which
the court grants the order of intervention in lieu of conviction, to
abstain from the use of illegal drugs and alcohol, to participate in
treatment and recovery support services, and to submit to regular
random testing for drug and alcohol use and may include any other
treatment terms and conditions, or terms and conditions similar to
community control sanctions, which may include community service or
restitution, that are ordered by the court.

(E)
If the court grants an offender's request for intervention in lieu of
conviction and the court finds that the offender has successfully
completed the intervention plan for the offender, including the
requirement that the offender abstain from using illegal drugs and
alcohol for a period of at least one year, but not more than five
years, from the date on which the court granted the order of
intervention in lieu of conviction, the requirement that the offender
participate in treatment and recovery support services, and all other
terms and conditions ordered by the court, the court shall dismiss
the proceedings against the offender. Successful completion of the
intervention plan and period of abstinence under this section shall
be without adjudication of guilt and is not a criminal conviction for
purposes of any disqualification or disability imposed by law and
upon conviction of a crime, and the court may order the sealing or
expungement of records related to the offense in question, as a
dismissal of the charges, in the manner provided in sections 2953.31,

2953.321,
2953.323,
2953.33,
2953.37, and 2953.521 of the Revised Code and divisions (H), (K), and
(L) of section 2953.34 of the Revised Code.

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

(G)
As used in this section:

(1)
"Community addiction services provider" has the same
meaning as in section 5119.01 of the Revised Code.

(2)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(3)
"Intervention in lieu of conviction" means any
court-supervised activity that complies with this section.

(4)
"Intellectual disability" has the same meaning as in
section 5123.01 of the Revised Code.

(5)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(6)
"Mental illness" and "psychiatrist" have the same
meanings as in section 5122.01 of the Revised Code.

(7)
"Psychologist" has the same meaning as in section 4732.01
of the Revised Code.

(8)
"Felony sex offense" means a violation of a section
contained in Chapter 2907. of the Revised Code that is a felony.

Sec.
2953.25.
(A)
As used in this section:

(1)
"Collateral sanction" means a penalty, disability, or
disadvantage that is related to employment or occupational licensing,
however denominated, as a result of the individual's conviction of or
plea of guilty to an offense and that applies by operation of law in
this state whether or not the penalty, disability, or disadvantage is
included in the sentence or judgment imposed.

"Collateral
sanction" does not include imprisonment, probation, parole,
supervised release, forfeiture, restitution, fine, assessment, or
costs of prosecution.

(2)
"Decision-maker" includes, but is not limited to, the state
acting through a department, agency, board, commission, or
instrumentality established by the law of this state for the exercise
of any function of government, a political subdivision, an
educational institution, or a government contractor or subcontractor
made subject to this section by contract, law, or ordinance.

(3)
"Department-funded program" means a residential or
nonresidential program that is not a term in a state correctional
institution, that is funded in whole or part by the department of
rehabilitation and correction, and that is imposed as a sanction for
an offense, as part of a sanction that is imposed for an offense, or
as a term or condition of any sanction that is imposed for an
offense.

(4)
"Designee" means the person designated by the deputy
director of the division of parole and community services to perform
the duties designated in division (B) of this section.

(5)
"Division of parole and community services" means the
division of parole and community services of the department of
rehabilitation and correction.

(6)
"Offense" means any felony or misdemeanor under the laws of
this state.

(7)
"Political subdivision" has the same meaning as in section
2969.21 of the Revised Code.

(8)
"Discretionary civil impact," "licensing agency,"
and "mandatory civil impact" have the same meanings as in
section 2961.21 of the Revised Code.

(B)(1)
An individual who is subject to one or more collateral sanctions as a
result of being convicted of or pleading guilty to an offense and who
either has served a term in a state correctional institution for any
offense or has spent time in a department-funded program for any
offense may file a petition with the designee of the deputy director
of the division of parole and community services for a certificate of
qualification for employment.

(2)
An individual who is subject to one or more collateral sanctions as a
result of being convicted of or pleading guilty to an offense and who
is not in a category described in division (B)(1) of this section may
file for a certificate of qualification for employment by doing
either of the following:

(a)
In the case of an individual who resides in this state, filing a
petition with the court of common pleas of the county in which the
person resides or with the designee of the deputy director of the
division of parole and community services;

(b)
In the case of an individual who resides outside of this state,
filing a petition with the court of common pleas of any county in
which any conviction or plea of guilty from which the individual
seeks relief was entered or with the designee of the deputy director
of the division of parole and community services.

(3)
A petition under division (B)(1) or (2) of this section shall be made
on a copy of the form prescribed by the division of parole and
community services under division (J) of this section, shall contain
all of the information described in division (F) of this section,
and, except as provided in division (B)(6) of this section, shall be
accompanied by an application fee of fifty dollars and may be
accompanied by a local court fee of not more than fifty dollars.

(4)(a)
Except as provided in division (B)(4)(b) of this section, an
individual may file a petition under division (B)(1) or (2) of this
section at any time after the expiration of whichever of the
following is applicable:

(i)
If the offense that resulted in the collateral sanction from which
the individual seeks relief is a felony, at any time after the
expiration of one year from the date of release of the individual
from any period of incarceration in a state or local correctional
facility that was imposed for that offense and all periods of
supervision imposed after release from the period of incarceration
or, if the individual was not incarcerated for that offense, at any
time after the expiration of one year from the date of the
individual's final release from all other sanctions imposed for that
offense.

(ii)
If the offense that resulted in the collateral sanction from which
the individual seeks relief is a misdemeanor, at any time after the
expiration of six months from the date of release of the individual
from any period of incarceration in a local correctional facility
that was imposed for that offense and all periods of supervision
imposed after release from the period of incarceration or, if the
individual was not incarcerated for that offense, at any time after
the expiration of six months from the date of the final release of
the individual from all sanctions imposed for that offense including
any period of supervision.

(b)
The department of rehabilitation and correction may establish
criteria by rule adopted under Chapter 119. of the Revised Code that,
if satisfied by an individual, would allow the individual to file a
petition before the expiration of six months or one year from the
date of final release, whichever is applicable under division
(B)(4)(a) of this section.

(5)(a)
A designee that receives a petition for a certificate of
qualification for employment from an individual under division (B)(1)
or (2) of this section shall review the petition to determine whether
it is complete. If the petition is complete, the designee shall
forward the petition, the application fee, and any other information
the designee possesses that relates to the petition, to the court of
common pleas of the county in which the individual resides if the
individual submitting the petition resides in this state or, if the
individual resides outside of this state, to the court of common
pleas of the county in which the conviction or plea of guilty from
which the individual seeks relief was entered.

(b)
A court of common pleas that receives a petition for a certificate of
qualification for employment from an individual under division (B)(2)
of this section, or that is forwarded a petition for such a
certificate under division (B)(5)(a) of this section, shall attempt
to determine all other courts in this state in which the individual
was convicted of or pleaded guilty to an offense other than the
offense from which the individual is seeking relief. The court that
receives or is forwarded the petition shall notify all other courts
in this state that it determines under this division were courts in
which the individual was convicted of or pleaded guilty to an offense
other than the offense from which the individual is seeking relief
that the individual has filed the petition and that the court may
send comments regarding the possible issuance of the certificate.

A
court of common pleas that receives a petition for a certificate of
qualification for employment under division (B)(2) of this section
shall notify the county's prosecuting attorney that the individual
has filed the petition.

A
court of common pleas that receives a petition for a certificate of
qualification for employment under division (B)(2) of this section,
or that is forwarded a petition for qualification under division
(B)(5)(a) of this section may direct the clerk of court to process
and record all notices required in or under this section. Except as
provided in division (B)(6) of this section, the court shall pay
thirty dollars of the application fee into the state treasury and
twenty dollars of the application fee into the county general revenue
fund.

(6)
Upon receiving a petition for a certificate of qualification for
employment filed by an individual under division (B)(1) or (2) of
this section, a court of common pleas or the designee of the deputy
director of the division of parole and community services who
receives the petition may waive all or part of the application fee of
fifty dollars described in division (B)(3) of this section, for an
applicant who presents a poverty affidavit showing that the applicant
is indigent. If an applicant pays an application fee, the first
twenty dollars or two-fifths of the fee, whichever is greater, that
is collected shall be paid into the county general revenue fund. If
an applicant pays an application fee, the amount collected in excess
of the amount to be paid into the county general revenue fund shall
be paid into the state treasury.

(C)(1)
Upon receiving a petition for a certificate of qualification for
employment filed by an individual under division (B)(2) of this
section or being forwarded a petition for such a certificate under
division (B)(5)(a) of this section, the court shall review the
individual's petition, the individual's criminal history, except for
information contained in any record that has been sealed under
section 2953.32
or
2953.321
of
the Revised Code, all filings submitted by the prosecutor or by the
victim in accordance with rules adopted by the division of parole and
community services, the applicant's military service record, if
applicable, and whether the applicant has an emotional, mental, or
physical condition that is traceable to the applicant's military
service in the armed forces of the United States and that was a
contributing factor in the commission of the offense or offenses, and
all other relevant evidence. The court may order any report,
investigation, or disclosure by the individual that the court
believes is necessary for the court to reach a decision on whether to
approve the individual's petition for a certificate of qualification
for employment, except that the court shall not require an individual
to disclose information about any record sealed under section 2953.32

or
2953.321
of
the Revised Code.

(2)
Upon receiving a petition for a certificate of qualification for
employment filed by an individual under division (B)(2) of this
section or being forwarded a petition for such a certificate under
division (B)(5)(a) of this section, except as otherwise provided in
this division, the court shall decide whether to issue the
certificate within sixty days after the court receives or is
forwarded the completed petition and all information requested for
the court to make that decision. Upon request of the individual who
filed the petition, the court may extend the sixty-day period
specified in this division.

(3)
Except as provided in division (C)(5) of this section and subject to
division (C)(7) of this section, a court that receives an
individual's petition for a certificate of qualification for
employment under division (B)(2) of this section or that is forwarded
a petition for such a certificate under division (B)(5)(a) of this
section may issue a certificate of qualification for employment, at
the court's discretion, if the court finds that the individual has
established all of the following by a preponderance of the evidence:

(a)
Granting the petition will materially assist the individual in
obtaining employment or occupational licensing.

(b)
The individual has a substantial need for the relief requested in
order to live a law-abiding life.

(c)
Granting the petition would not pose an unreasonable risk to the
safety of the public or any individual.

(4)
The submission of an incomplete petition by an individual shall not
be grounds for the designee or court to deny the petition.

(5)
Subject to division (C)(6) of this section, an individual is
rebuttably presumed to be eligible for a certificate of qualification
for employment if the court that receives the individual's petition
under division (B)(2) of this section or that is forwarded a petition
under division (B)(5)(a) of this section finds all of the following:

(a)
The application was filed after the expiration of the applicable
waiting period prescribed in division (B)(4) of this section;

(b)
If the offense that resulted in the collateral sanction from which
the individual seeks relief is a felony, at least three years have
elapsed since the date of release of the individual from any period
of incarceration in a state or local correctional facility that was
imposed for that offense and all periods of supervision imposed after
release from the period of incarceration or, if the individual was
not incarcerated for that offense, at least three years have elapsed
since the date of the individual's final release from all other
sanctions imposed for that offense;

(c)
If the offense that resulted in the collateral sanction from which
the individual seeks relief is a misdemeanor, at least one year has
elapsed since the date of release of the individual from any period
of incarceration in a local correctional facility that was imposed
for that offense and all periods of supervision imposed after release
from the period of incarceration or, if the individual was not
incarcerated for that offense, at least one year has elapsed since
the date of the final release of the individual from all sanctions
imposed for that offense including any period of supervision.

(6)
An application that meets all of the requirements for the presumption
under division (C)(5) of this section shall be denied only if the
court that receives the petition finds that the evidence reviewed
under division (C)(1) of this section rebuts the presumption of
eligibility for issuance by establishing, by clear and convincing
evidence, that the applicant has not been rehabilitated.

(7)
A certificate of qualification for employment shall not create relief
from any of the following collateral sanctions:

(a)
Requirements imposed by Chapter 2950. of the Revised Code and rules
adopted under sections 2950.13 and 2950.132 of the Revised Code;

(b)
A driver's license, commercial driver's license, or probationary
license suspension, cancellation, or revocation pursuant to section
4510.037, 4510.07, 4511.19, or 4511.191 of the Revised Code if the
relief sought is available pursuant to section 4510.021 or division
(B) of section 4510.13 of the Revised Code;

(c)
Restrictions on employment as a prosecutor or law enforcement
officer;

(d)
The denial, ineligibility, or automatic suspension of a license that
is imposed upon an individual applying for or holding a license as a
health care professional under Title XLVII of the Revised Code if the
individual is convicted of, pleads guilty to, is subject to a
judicial finding of eligibility for intervention in lieu of
conviction in this state under section 2951.041 of the Revised Code,
or is subject to treatment or intervention in lieu of conviction for
a violation of section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, 2911.11, 2919.123, or
2919.124 of the Revised Code;

(e)
The immediate suspension of a license, certificate, or evidence of
registration that is imposed upon an individual holding a license as
a health care professional under Title XLVII of the Revised Code
pursuant to division (C) of section 3719.121 of the Revised Code;

(f)
The denial or ineligibility for employment in a pain clinic under
division (B)(4) of section 4729.552 of the Revised Code;

(g)
The mandatory suspension of a license that is imposed on an
individual applying for or holding a license as a health care
professional under Title XLVII of the Revised Code pursuant to
section 3123.43 of the Revised Code.

(8)
If a court that receives an individual's petition for a certificate
of qualification for employment under division (B)(2) of this section
or that is forwarded a petition for such a certificate under division
(B)(5)(a) of this section denies the petition, the court shall
provide written notice to the individual of the court's denial. The
court may place conditions on the individual regarding the
individual's filing of any subsequent petition for a certificate of
qualification for employment. The written notice must notify the
individual of any conditions placed on the individual's filing of a
subsequent petition for a certificate of qualification for
employment.

If
a court of common pleas that receives an individual's petition for a
certificate of qualification for employment under division (B)(2) of
this section or that is forwarded a petition for such a certificate
under division (B)(5)(a) of this section denies the petition, the
individual may appeal the decision to the court of appeals only if
the individual alleges that the denial was an abuse of discretion on
the part of the court of common pleas.

(D)(1)
A certificate of qualification for employment issued to an individual
lifts the automatic bar of a collateral sanction, and a
decision-maker shall consider on a case-by-case basis whether to
grant or deny the issuance or restoration of an occupational license
or an employment opportunity, notwithstanding the individual's
possession of the certificate, without, however, reconsidering or
rejecting any finding made by a designee or court under division
(C)(3) of this section.

(2)
The certificate constitutes a rebuttable presumption that the
person's criminal convictions are insufficient evidence that the
person is unfit for the license, employment opportunity, or
certification in question. Notwithstanding the presumption
established under this division, the agency may deny the license or
certification for the person if it determines that the person is
unfit for issuance of the license.

(3)
If an employer that has hired a person who has been issued a
certificate of qualification for employment applies to a licensing
agency for a license or certification and the person has a conviction
or guilty plea that otherwise would bar the person's employment with
the employer or licensure for the employer because of a mandatory
civil impact, the agency shall give the person individualized
consideration, notwithstanding the mandatory civil impact, the
mandatory civil impact shall be considered for all purposes to be a
discretionary civil impact, and the certificate constitutes a
rebuttable presumption that the person's criminal convictions are
insufficient evidence that the person is unfit for the employment, or
that the employer is unfit for the license or certification, in
question.

(E)
A certificate of qualification for employment does not grant the
individual to whom the certificate was issued relief from the
mandatory civil impacts identified in division (A)(1) of section
2961.01 or division (B) of section 2961.02 of the Revised Code.

(F)
A petition for a certificate of qualification for employment filed by
an individual under division (B)(1) or (2) of this section shall
include all of the following:

(1)
The individual's name, date of birth, and social security number;

(2)
All aliases of the individual and all social security numbers
associated with those aliases;

(3)
The individual's residence address, including the city, county, and
state of residence and zip code;

(4)
The length of time that the individual has resided in the
individual's current state of residence, expressed in years and
months of residence;

(5)
A general statement as to why the individual has filed the petition
and how the certificate of qualification for employment would assist
the individual;

(6)
A summary of the individual's criminal history, except for
information contained in any record that has been sealed or expunged
under section 2953.32
,
2953.321,

2953.322,
2953.323,
or
2953.39 of the Revised Code, with respect to each offense that is a
disqualification from employment or licensing in an occupation or
profession, including the years of each conviction or plea of guilty
for each of those offenses;

(7)
A summary of the individual's employment history, specifying the name
of, and dates of employment with, each employer;

(8)
Verifiable references and endorsements;

(9)
The name of one or more immediate family members of the individual,
or other persons with whom the individual has a close relationship,
who support the individual's reentry plan;

(10)
A summary of the reason the individual believes the certificate of
qualification for employment should be granted;

(11)
Any other information required by rule by the department of
rehabilitation and correction.

(G)(1)
In a judicial or administrative proceeding alleging negligence or
other fault, a certificate of qualification for employment issued to
an individual under this section may be introduced as evidence of a
person's due care in hiring, retaining, licensing, leasing to,
admitting to a school or program, or otherwise transacting business
or engaging in activity with the individual to whom the certificate
of qualification for employment was issued if the person knew of the
certificate at the time of the alleged negligence or other fault.

(2)
In any proceeding on a claim against an employer for negligent
hiring, a certificate of qualification for employment issued to an
individual under this section shall provide immunity for the employer
as to the claim if the employer knew of the certificate at the time
of the alleged negligence.

(3)
If an employer hires an individual who has been issued a certificate
of qualification for employment under this section, if the
individual, after being hired, subsequently demonstrates
dangerousness or is convicted of or pleads guilty to a felony, and if
the employer retains the individual as an employee after the
demonstration of dangerousness or the conviction or guilty plea, the
employer may be held liable in a civil action that is based on or
relates to the retention of the individual as an employee only if it
is proved by a preponderance of the evidence that the person having
hiring and firing responsibility for the employer had actual
knowledge that the employee was dangerous or had been convicted of or
pleaded guilty to the felony and was willful in retaining the
individual as an employee after the demonstration of dangerousness or
the conviction or guilty plea of which the person has actual
knowledge.

(H)
A certificate of qualification for employment issued under this
section shall be revoked if the individual to whom the certificate of
qualification for employment was issued is convicted of or pleads
guilty to a felony offense committed subsequent to the issuance of
the certificate of qualification for employment. The department of
rehabilitation and correction shall periodically review the
certificates listed in the database described in division (K) of this
section to identify those that are subject to revocation under this
division. Upon identifying a certificate of qualification for
employment that is subject to revocation, the department shall note
in the database that the certificate has been revoked, the reason for
revocation, and the effective date of revocation, which shall be the
date of the conviction or plea of guilty subsequent to the issuance
of the certificate.

(I)
A designee's forwarding, or failure to forward, a petition for a
certificate of qualification for employment to a court or a court's
issuance, or failure to issue, a petition for a certificate of
qualification for employment to an individual under division (B) of
this section does not give rise to a claim for damages against the
department of rehabilitation and correction or court.

(J)
The division of parole and community services shall adopt rules in
accordance with Chapter 119. of the Revised Code for the
implementation and administration of this section and shall prescribe
the form for the petition to be used under division (B)(1) or (2) of
this section. The form for the petition shall include places for all
of the information specified in division (F) of this section.

(K)
The department of rehabilitation and correction shall maintain a
database that identifies granted certificates and revoked
certificates and tracks the number of certificates granted and
revoked, the industries, occupations, and professions with respect to
which the certificates have been most applicable, and the types of
employers that have accepted the certificates. The department shall
annually create a report that summarizes the information maintained
in the database and shall make the report available to the public on
its internet web site.

Sec.
2953.26.
(A)
As used in this section:

(1)
"Collateral sanction for housing" means a penalty,
disability, or disadvantage that is related to housing as a result of
the individual's conviction of or plea of guilty to an offense and
that applies by operation of law in this state whether or not the
penalty, disability, or disadvantage is included in the sentence or
judgment imposed.

"Collateral
sanction for housing" does not include imprisonment, probation,
parole, supervised release, forfeiture, restitution, fine,
assessment, or costs of prosecution.

(2)
"Decision-maker" means a housing provider in this state of
residential premises as defined in section 1923.01 of the Revised
Code, including a landlord as defined in section 1923.01 of the
Revised Code and a metropolitan housing authority established in
Chapter 3735. of the Revised Code.

(3)
"Division of parole and community services" means the
division of parole and community services of the department of
rehabilitation and correction.

(4)
"Offense" means any felony or misdemeanor under the laws of
this state.

(5)
"Tort action" means a civil action for injury, death, or
loss to person or property.

(B)(1)
An individual who is subject to one or more collateral sanctions for
housing as a result of being convicted of or pleading guilty to an
offense and who has not already received a certificate of
qualification for housing under section 2961.25 of the Revised Code
may file for a certificate of qualification for housing by doing
either of the following:

(a)
In the case of an individual who resides in this state, filing a
petition with the court of common pleas of the county in which the
person resides;

(b)
In the case of an individual who resides outside of this state,
filing a petition with the court of common pleas of any county in
which any conviction or plea of guilty from which the individual
seeks relief was entered.

(2)
A petition under division (B)(1) of this section shall be made on a
copy of the form prescribed by the division of parole and community
services under division (I) of this section, shall contain all of the
information described in division (E) of this section, and, except as
provided in division (B)(5) of this section, shall be accompanied by
an application fee of fifty dollars.

(3)
An individual may file a petition under division (B)(1) of this
section at any time after the expiration of whichever of the
following is applicable:

(a)
If the offense that resulted in the collateral sanction for housing
from which the individual seeks relief is a felony, at any time after
the expiration of one year from the date of release of the individual
from any period of incarceration in a state or local correctional
facility that was imposed for that offense or, if the individual was
not incarcerated for that offense, at any time after the expiration
of one year from the date of the individual's final release from all
other sanctions imposed for that offense;

(b)
If the offense that resulted in the collateral sanction for housing
from which the individual seeks relief is a misdemeanor, at any time
after the expiration of six months from the date of release of the
individual from any period of incarceration in a local correctional
facility that was imposed for that offense and all periods of
supervision imposed after release from the period of incarceration
or, if the individual was not incarcerated for that offense, at any
time after the expiration of six months from the date of the final
release of the individual from all sanctions imposed for that offense
including any period of supervision.

(4)
A court of common pleas that receives a petition for a certificate of
qualification for housing from an individual shall attempt to
determine all other courts in this state in which the individual was
convicted of or pleaded guilty to an offense other than the offense
from which the individual is seeking relief. The court shall notify
all other courts in this state that it determines under this division
were courts in which the individual was convicted of or pleaded
guilty to an offense other than the offense from which the individual
is seeking relief that the individual has filed the petition and that
the court may send comments regarding the possible issuance of the
certificate, and shall notify the county's prosecuting attorney that
the individual has filed the petition.

A
court of common pleas that receives a petition for a certificate of
qualification for housing may direct the clerk of court to process
and record all notices required in or under this section. Except as
provided in division (B)(5) of this section, the court shall pay
thirty dollars of the application fee into the state treasury and
twenty dollars of the application fee into the county general revenue
fund.

(5)
Upon receiving a petition for a certificate of qualification for
housing, a court of common pleas may waive all or part of the
fifty-dollar-filing fee for an applicant who is indigent. If an
application fee is partially waived, the first twenty dollars of the
fee that is collected shall be paid into the county general revenue
fund. Any partial fee collected in excess of twenty dollars shall be
paid into the state treasury.

(C)(1)
Upon receiving a petition for a certificate of qualification for
housing, the court shall review the individual's petition, the
individual's criminal history, except for information contained in
any record that has been sealed under section 2953.32
or
2953.321
of
the Revised Code, all filings submitted by the prosecutor or by the
victim in accordance with rules adopted by the division of parole and
community services, the applicant's military service record, if
applicable, and whether the applicant has an emotional, mental, or
physical condition that is traceable to the applicant's military
service in the armed forces of the United States and that was a
contributing factor in the commission of the offense or offenses, and
all other relevant evidence. The court may order any report,
investigation, or disclosure by the individual that the court
believes is necessary for the court to reach a decision on whether to
approve the individual's petition for a certificate of qualification
for housing, except that the court shall not require an individual to
disclose information about any record sealed under section 2953.32
or
2953.321
of
the Revised Code.

(2)
Upon receiving a petition for a certificate of qualification for
housing, except as otherwise provided in this division, the court
shall decide whether to issue the certificate within sixty days after
the court receives the completed petition and all information
requested for the court to make that decision. Upon request of the
individual who filed the petition, the court may extend the sixty-day
period specified in this division.

(3)
Except as provided in division (C)(5) of this section and subject to
division (D)(3) of this section, a court that receives an
individual's petition for a certificate of qualification for housing
may issue a certificate of qualification for housing, at the court's
discretion, if the court finds that the individual has established
all of the following by a preponderance of the evidence:

(a)
Granting the petition will materially assist the individual in
obtaining housing.

(b)
The individual has a substantial need for the relief requested in
order to live a law-abiding life.

(c)
Granting the petition would not pose an unreasonable risk to the
safety of the public or any individual.

(4)
The submission of an incomplete petition by an individual shall not
be grounds for the court to deny the petition.

(5)
Subject to division (C)(6) of this section, an individual is
rebuttably presumed to be eligible for a certificate of qualification
for housing if the court that receives the individual's petition
finds all of the following:

(a)
The application was filed after the expiration of the applicable
waiting period prescribed in division (B)(3) of this section.

(b)
If the offense that resulted in the collateral sanction for housing
from which the individual seeks relief is a felony, at least three
years have elapsed since the date of release of the individual from
any period of incarceration in a state or local correctional facility
that was imposed for that offense and all periods of supervision
imposed after release from the period of incarceration or, if the
individual was not incarcerated for that offense, at least three
years have elapsed since the date of the individual's final release
from all other sanctions imposed for that offense;

(c)
If the offense that resulted in the collateral sanction for housing
from which the individual seeks relief is a misdemeanor, at least one
year has elapsed since the date of release of the individual from any
period of incarceration in a local correctional facility that was
imposed for that offense and all periods of supervision imposed after
release from the period of incarceration or, if the individual was
not incarcerated for that offense, at least one year has elapsed
since the date of the final release of the individual from all
sanctions imposed for that offense including any period of
supervision.

(6)
An application that meets all of the requirements for the presumption
under division (C)(5) of this section shall be denied only if the
court that receives the petition finds that the evidence reviewed
under division (C)(1) of this section rebuts the presumption of
eligibility for issuance by establishing, by a preponderance of the
evidence, that the applicant has not been rehabilitated.

(7)
If a court that receives an individual's petition for a certificate
of qualification for housing denies the petition, the court shall
provide written notice to the individual of the court's denial. The
court may place conditions on the individual regarding the
individual's filing of any subsequent petition for a certificate of
qualification for housing. The written notice must notify the
individual of any conditions placed on the individual's filing of a
subsequent petition for a certificate of qualification for housing.

If
a court of common pleas that receives an individual's petition for a
certificate of qualification for housing denies the petition, the
individual may appeal the decision to the court of appeals only if
the individual alleges that the denial was an abuse of discretion on
the part of the court of common pleas.

(D)(1)
A certificate of qualification for housing issued to an individual
under this section or section 2961.25 of the Revised Code lifts the
automatic bar of a collateral sanction for housing and a
decision-maker shall consider on a case-by-case basis whether to
provide or deny housing, notwithstanding the individual's possession
of the certificate, without, however, reconsidering or rejecting any
finding made by a court under division (C)(3) of this section.

(2)
The certificate constitutes a rebuttable presumption that the
person's criminal convictions are insufficient evidence that the
person is unfit for the housing in question. Notwithstanding the
presumption established under this division, the decision-maker may
deny the housing to the person if it determines that the person is
unfit for the housing.

(3)
A certificate of qualification for housing issued to an individual
under this section or section 2961.25 of the Revised Code does not
create relief from requirements imposed by Chapter 2950. of the
Revised Code and rules adopted under sections 2950.13 and 2950.132 of
the Revised Code.

(E)
A petition for a certificate of qualification for housing filed by an
individual under division (B)(1) of this section shall include all of
the following:

(1)
The individual's name, date of birth, and social security number;

(2)
All aliases of the individual and all social security numbers
associated with those aliases;

(3)
The individual's current residential address, including the length of
time that the individual has resided in the current residence,
expressed in years and months, and the city, county, state, and zip
code of the residence;

(4)
A history of the individual's residential address or addresses for
the past ten years, including the length of time that the individual
has resided at the address, expressed in years and months of
residence, and the city, county, state, and zip code of residence;

(5)
A general statement as to why the individual has filed the petition
and how the certificate of qualification for housing would assist the
individual;

(6)
A summary of the individual's criminal history, except for
information contained in any record that has been sealed under
section 2953.32
or
2953.321
of
the Revised Code, with respect to each offense that is a
disqualification from housing, including the years of each conviction
or plea of guilty for each of those offenses;

(7)
A summary of the individual's employment history, specifying the name
of, and dates of employment with, each employer;

(8)
Verifiable references and endorsements;

(9)
The name of one or more immediate family members of the individual,
or other persons with whom the individual has a close relationship,
who support the individual's reentry plan;

(10)
A summary of the reason the individual believes the certificate of
qualification for housing should be granted;

(11)
Any other information required by rule by the department of
rehabilitation and correction.

(F)(1)
In a tort action, a certificate of qualification for housing issued
to an individual under this section or section 2961.25 of the Revised
Code may be introduced as evidence of a decision-maker's due care in
leasing to the individual to whom the certificate of qualification
for housing was issued if the decision-maker knew of the certificate
at the time of the alleged negligence or other fault.

(2)
In a tort action against a decision-maker for negligent leasing, a
certificate of qualification for housing issued to an individual
under this section or section 2961.25 of the Revised Code provides
immunity for the decision-maker as to the claim if the decision-maker
knew of the certificate at the time of the alleged negligence.

(3)
If a decision-maker leases to an individual who has been issued a
certificate of qualification for housing under this section or
section 2961.25 of the Revised Code, if the individual, after being
leased to, subsequently demonstrates dangerousness or is convicted of
or pleads guilty to a felony or a misdemeanor offense of violence,
and if the decision-maker retains the individual as a lessee after
the demonstration of dangerousness or the conviction or guilty plea,
the decision-maker may be held liable in a tort action that is based
on or relates to the retention of the individual as a lessee only if
it is proved by a preponderance of the evidence that both of the
following apply:

(a)
The decision-maker had actual knowledge that the lessee was dangerous
or had been convicted of or pleaded guilty to the felony or the
misdemeanor offense of violence.

(b)
The decision-maker was willful in retaining the individual as a
lessee after the demonstration of dangerousness or the conviction or
guilty plea of which the decision-maker has actual knowledge.

(G)
A certificate of qualification for housing issued under this section
or section 2961.25 of the Revised Code shall be revoked if the
individual to whom the certificate of qualification for housing was
issued is convicted of or pleads guilty to a felony or a misdemeanor
offense of violence committed subsequent to the issuance of the
certificate of qualification for housing.

(H)
A court's issuance, or failure to issue, under this section, or the
department of rehabilitation and correction's or adult parole
authority's issuance, or failure to issue, under section 2961.25 of
the Revised Code, a certificate of qualification for housing to an
individual does not give rise to a claim for damages against the
department of rehabilitation and correction or court.

(I)
The division of parole and community services shall adopt rules in
accordance with Chapter 119. of the Revised Code for the
implementation and administration of this section and shall prescribe
the form for the petition to be used under division (B)(1) of this
section. The form for the petition shall include places for all of
the information specified in division (E) of this section.

(J)
Nothing in this section shall be construed to create or provide a
private right of action.

Sec.
2953.31.
(A)

As
used in sections 2953.31 to 2953.521 of the Revised Code:

(1)

(A)

"Prosecutor"
means the county prosecuting attorney, city director of law, village
solicitor, or similar chief legal officer, who has the authority to
prosecute a criminal case in the court in which the case is filed.

(2)
(B)

"Bail forfeiture" means the forfeiture of bail by a
defendant who is arrested for the commission of a misdemeanor, other
than a defendant in a traffic case as defined in Traffic Rule 2, if
the forfeiture is pursuant to an agreement with the court and
prosecutor in the case.

(3)
(C)

"Official records" means all records that are possessed by
any public office or agency that relate to a criminal case,
including, but not limited to: the notation to the case in the
criminal docket; all subpoenas issued in the case; all papers and
documents filed by the defendant or the prosecutor in the case; all
records of all testimony and evidence presented in all proceedings in
the case; all court files, papers, documents, folders, entries,
affidavits, or writs that pertain to the case; all computer,
microfilm, microfiche, or microdot records, indices, or references to
the case; all index references to the case; all fingerprints and
photographs; all DNA specimens, DNA records, and DNA profiles; all
records and investigative reports pertaining to the case that are
possessed by any law enforcement officer or agency, except that any
records or reports that are the specific investigatory work product
of a law enforcement officer or agency are not and shall not be
considered to be official records when they are in the possession of
that officer or agency; all investigative records and reports other
than those possessed by a law enforcement officer or agency
pertaining to the case; and all records that are possessed by any
public office or agency that relate to an application for, or the
issuance or denial of, a certificate of qualification for employment
under section 2953.25 of the Revised Code.

"Official
records" does not include any of the following:

(a)
(1)

Records or reports maintained pursuant to section 2151.421 of the
Revised Code by a public children services agency or the department
of job and family services;

(b)
(2)

Any report of an investigation maintained by the inspector general
pursuant to section 121.42 of the Revised Code, to the extent that
the report contains information that pertains to an individual who
was convicted of or pleaded guilty to an offense discovered in or
related to the investigation and whose conviction or guilty plea was
not overturned on appeal;

(c)
(3)

Records, reports, or audits maintained by the auditor of state
pursuant to Chapter 117. of the Revised Code.

(4)
(D)

"Official proceeding" has the same meaning as in section
2921.01 of the Revised Code.

(5)
(E)

"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(6)
(F)

"Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.

(7)
(G)

"DNA database," "DNA record," and "law
enforcement agency" have the same meanings as in section 109.573
of the Revised Code.

(8)
(H)

"Fingerprints filed for record" means any fingerprints
obtained by the superintendent of the bureau of criminal
identification and investigation pursuant to sections 109.57 and
109.571 of the Revised Code.

(9)
(I)

"Investigatory work product" means any records or reports
of a law enforcement officer or agency that are excepted from the
definition of "official records" and that pertain to a
conviction or bail forfeiture, the records of which have been ordered
sealed or expunged pursuant to division
(D)(2)
(C)(2)

of section 2953.32
,
division (D) of section 2953.321, division (C)(2) of section
2953.322, division (D) of section 2953.323,

or division (F)(1) of section 2953.39 of the Revised Code, or that
pertain to a conviction or delinquent child adjudication, the records
of which have been ordered expunged pursuant to division (E) of
section 2151.358, division (C)(2) of section 2953.35, or division (F)
of section 2953.36 of the Revised Code.

(10)
(J)

"Law enforcement or justice system matter" means an arrest,
complaint, indictment, trial, hearing, adjudication, conviction, or
correctional supervision.

(11)
(K)

"Record of conviction" means the record related to a
conviction of or plea of guilty to an offense.

(12)
(L)

"Victim of human trafficking" means a person who is or was
a victim of a violation of section 2905.32 of the Revised Code,
regardless of whether anyone has been convicted of a violation of
that section or of any other section for victimizing the person.

(13)
(M)

"No bill" means a report by the foreperson or deputy
foreperson of a grand jury that an indictment is not found by the
grand jury against a person who has been held to answer before the
grand jury for the commission of an offense.

(14)
(N)

"Court" means the court in which a case is pending at the
time a finding of not guilty in the case or a dismissal of the
complaint, indictment, or information in the case is entered on the
minutes or journal of the court, or the court to which the foreperson
or deputy foreperson of a grand jury reports, pursuant to section
2939.23 of the Revised Code, that the grand jury has returned a no
bill.

(B)(1)
As used in section 2953.32 of the Revised Code, "expunge"

(O)
"Expunge"
means

the
expungement process described in section 2953.32 of the Revised Code,
including the authority described in division (D)(5) of that section.

(2)
As used in sections 2953.33 to 2953.521 of the Revised Code,
"expunge" means both of the following:

(a)
The expungement process described in sections 2953.35, 2953.36,
2953.39, and 2953.521 of the Revised Code;

(b)
To
to

destroy,
delete, and erase a record as appropriate for the record's physical
or electronic form or characteristic so that the record is
permanently irretrievable.

Sec.
2953.311.
(A)
Sections 2953.32 to 2953.323 and section 2953.34 of the Revised Code
do not apply to any of the following:

(1)
Convictions under Chapter 4506., 4507., 4510., 4511., or 4549. of the
Revised Code, or a conviction for a violation of a municipal
ordinance that is substantially similar to any section contained in
any of those chapters;

(2)
Convictions of a felony offense of violence that is not a sexually
oriented offense;

(3)
Convictions of a sexually oriented offense when the offender is
subject to the requirements of Chapter 2950. of the Revised Code or
Chapter 2950. of the Revised Code as it existed prior to January 1,
2008;

(4)
Convictions of an offense in circumstances in which the victim of the
offense was less than thirteen years of age, except for convictions
under section 2919.21 of the Revised Code;

(5)
Convictions for a violation of section 2921.41 of the Revised Code;

(6)
Convictions of a felony of the first or second degree;

(7)
Convictions for a violation of section 2919.25 of the Revised Code
that is a misdemeanor of the first or second degree or convictions
for a violation of a municipal ordinance that is substantially
similar to that section;

(8)
Convictions of a felony of the third degree if the offender has more
than one other conviction of any felony or, if the person has exactly
two convictions of a felony of the third degree, has more convictions
in total than those two third degree felony convictions and two
misdemeanor convictions.

(B)
Sections 2953.32 to 2953.323 and section 2953.34 of the Revised Code
apply to the following for purposes of sealing, but not for purposes
of expungement of the record of the case:

(1)
Convictions for a violation of section 2919.25 of the Revised Code
that is a misdemeanor of the third or fourth degree or convictions
for a violation of a municipal ordinance that is substantially
similar to that section;

(2)
Convictions for a violation of section 2919.27 of the Revised Code or
convictions for a violation of a municipal ordinance that is
substantially similar to that section;

(3)
For purposes of division (A)(8) of this section, both of the
following apply:

(a)
When two or more convictions result from or are connected with the
same act or result from offenses committed at the same time, they
shall be counted as one conviction.

(b)
When two or three convictions result from the same indictment,
information, or complaint, from the same plea of guilty, or from the
same official proceeding, and result from related criminal acts that
were committed within a three-month period but do not result from the
same act or from offenses committed at the same time, they shall be
counted as one conviction, provided that a court may decide as
provided in division (C)(1)(i) of section 2953.32 of the Revised Code
that it is not in the public interest for the two or three
convictions to be counted as one conviction.

Sec.
2953.32.
(A)(1)

Sections
2953.32 to 2953.34 of the Revised Code do not apply to any of the
following:

(a)
Convictions under Chapter 4506., 4507., 4510., 4511., or 4549. of the
Revised Code, or a conviction for a violation of a municipal
ordinance that is substantially similar to any section contained in
any of those chapters;

(b)
Convictions of a felony offense of violence that is not a sexually
oriented offense;

(c)
Convictions of a sexually oriented offense when the offender is
subject to the requirements of Chapter 2950. of the Revised Code or
Chapter 2950. of the Revised Code as it existed prior to January 1,
2008;

(d)
Convictions of an offense in circumstances in which the victim of the
offense was less than thirteen years of age, except for convictions
under section 2919.21 of the Revised Code;

(e)
Convictions for a violation of section 2921.41 of the Revised Code;

(f)
Convictions of a felony of the first or second degree;

(g)
Convictions for a violation of section 2919.25 of the Revised Code
that is a misdemeanor of the first or second degree or convictions
for a violation of a municipal ordinance that is substantially
similar to that section;

(h)
Convictions of a felony of the third degree if the offender has more
than one other conviction of any felony or, if the person has exactly
two convictions of a felony of the third degree, has more convictions
in total than those two third degree felony convictions and two
misdemeanor convictions.

(2)
Sections 2953.32 to 2953.34 of the Revised Code apply to the
following for purposes of sealing, but not for purposes of
expungement of the record of the case:

(a)
Convictions for a violation of section 2919.25 of the Revised Code
that is a misdemeanor of the third or fourth degree or convictions
for a violation of a municipal ordinance that is substantially
similar to that section;

(b)
Convictions for a violation of section 2919.27 of the Revised Code or
convictions for a violation of a municipal ordinance that is
substantially similar to that section.

(3)
For purposes of division (A)(1)(h) of this section, both of the
following apply:

(a)
When two or more convictions result from or are connected with the
same act or result from offenses committed at the same time, they
shall be counted as one conviction.

(b)
When two or three convictions result from the same indictment,
information, or complaint, from the same plea of guilty, or from the
same official proceeding, and result from related criminal acts that
were committed within a three-month period but do not result from the
same act or from offenses committed at the same time, they shall be
counted as one conviction, provided that a court may decide as
provided in division (D)(1)(i) of this section that it is not in the
public interest for the two or three convictions to be counted as one
conviction.

(B)(1)

Except as provided in section 2953.61 of the Revised Code or as
otherwise provided in division
(B)(1)(a)(iii)

(A)(1)(c)

of
this section, an eligible offender may apply to the sentencing court
if convicted in this state, or to a court of common pleas if
convicted in another state or in a federal court, for the sealing
or
expungement
of
the record of the case that pertains to the conviction, except for
convictions listed in
division
(A)(1) of this
section

2953.311 of the Revised Code
.

Application
may be made at whichever of the following times is applicable
regarding the offense:

(a)

An
application for sealing under this section may be made at whichever
of the following times is applicable regarding the offense:

(i)
(a)

Except as otherwise provided in division
(B)(1)(a)(iv)
(A)(1)(d)

of this section, at the expiration of three years after the
offender's final discharge if convicted of one or two felonies of the
third degree, so long as none of the offenses is a violation of
section 2921.43 of the Revised Code;

(ii)
(b)

Except as otherwise provided in division
(B)(1)(a)(iv)
(A)(1)(d)

of this section, at the expiration of one year after the offender's
final discharge if convicted of one or more felonies of the fourth or
fifth degree or one or more misdemeanors, so long as none of the
offenses is a violation of section 2921.43 of the Revised Code or a
felony offense of violence;

(iii)
(c)

At the expiration of seven years after the offender's final discharge
if the record includes one or more convictions of soliciting improper
compensation in violation of section 2921.43 of the Revised Code;

(iv)
(d)

If the offender was subject to the requirements of Chapter 2950. of
the Revised Code or Chapter 2950. of the Revised Code as it existed
prior to January 1, 2008, at the expiration of five years after the
requirements have ended under section 2950.07 of the Revised Code or
section 2950.07 of the Revised Code as it existed prior to January 1,
2008, or are terminated under section 2950.15 or 2950.151 of the
Revised Code;

(v)
(e)

At the expiration of six months after the offender's final discharge
if convicted of a minor misdemeanor.

(b)
An application for expungement under this section may be made at
whichever of the following times is applicable regarding the offense:

(i)
Except as otherwise provided in division (B)(1)(b)(ii) of this
section, if the offense is a misdemeanor, at the expiration of one
year after the offender's final discharge;

(ii)
If the offense is a minor misdemeanor, at the expiration of six
months after the offender's final discharge;

(iii)
If the offense is a felony, at the expiration of ten years after the
time specified in division (B)(1)(a) of this section at which the
person may file an application for sealing with respect to that
felony offense.

(2)
Any person who has been arrested for any misdemeanor offense and who
has effected a bail forfeiture for the offense charged may apply to
the court in which the misdemeanor criminal case was pending when
bail was forfeited for the sealing
or
expungement
of
the record of the case that pertains to the charge. Except as
provided in section 2953.61 of the Revised Code,
the
application may be filed at whichever of the following times is
applicable regarding the offense:

(a)
An
an

application
for sealing under this section may be made at any time after the date
on which the bail forfeiture was entered upon the minutes of the
court or the journal, whichever entry occurs first.

(b)
An application for expungement under this section may be made at
whichever of the following times is applicable regarding the offense:

(i)
Except as provided in division (B)(2)(b)(ii) of this section, at any
time after the expiration of one year from the date on which the bail
forfeiture was entered upon the minutes of the court or the journal,
whichever entry occurs first;

(ii)
If the offense is a minor misdemeanor, at any time after the
expiration of six months from the date on which the bail forfeiture
was entered upon the minutes of the court or the journal, whichever
entry occurs first.

(C)
(B)

Upon the filing of an application under this section, the court shall
set a date for a hearing and shall notify the prosecutor for the case
of the hearing on the application not less than sixty days prior to
the hearing. Pursuant to the Ohio Constitution, the prosecutor shall
provide timely notice of the application and the date and time of the
hearing to a victim and victim's representative, if applicable, if
the victim or victim's representative requested notice of the
proceedings in the underlying case. The court shall hold the hearing
not less than forty-five days and not more than ninety days from the
date of the filing of the application. The prosecutor may object to
the granting of the application by filing a written objection with
the court not later than thirty days prior to the date set for the
hearing. The prosecutor shall specify in the objection the reasons
for believing a denial of the application is justified. The victim,
victim's representative, and victim's attorney, if applicable, may be
present and heard orally, in writing, or both at any hearing under
this section. The court shall direct its regular probation officer, a
state probation officer, or the department of probation of the county
in which the applicant resides to make inquiries and written reports
as the court requires concerning the applicant. The probation officer
or county department of probation that the court directs to make
inquiries and written reports as the court requires concerning the
applicant shall determine whether or not the applicant was
fingerprinted at the time of arrest or under section 109.60 of the
Revised Code. If the applicant was so fingerprinted, the probation
officer or county department of probation shall include with the
written report a record of the applicant's fingerprints. If the
applicant was convicted of or pleaded guilty to a violation of
division (A)(2) or (B) of section 2919.21 of the Revised Code, the
probation officer or county department of probation that the court
directed to make inquiries concerning the applicant shall contact the
child support enforcement agency enforcing the applicant's
obligations under the child support order to inquire about the
offender's compliance with the child support order.

(D)(1)
(C)(1)

At the hearing held under division
(C)
(B)

of this section, the court shall do each of the following:

(a)
Determine whether the applicant is pursuing sealing
or
expunging
a
conviction of an offense that is prohibited under
division
(A) of this
section

2953.311
of the Revised Code
or
whether the forfeiture of bail was agreed to by the applicant and the
prosecutor in the case, and determine whether the application was
made at the time specified in division
(B)(1)(a)
or (b)
(A)(1)

or

division
(B)(2)(a) or (b)
(2)

of
this section that is applicable with respect to the application and
the subject offense;

(b)
Determine whether criminal proceedings are pending against the
applicant;

(c)
Determine whether the applicant has been rehabilitated to the
satisfaction of the court;

(d)
If the prosecutor has filed an objection in accordance with division

(C)
(B)

of this section, consider the reasons against granting the
application specified by the prosecutor in the objection;

(e)
If the victim objected, pursuant to the Ohio Constitution, consider
the reasons against granting the application specified by the victim
in the objection;

(f)
Weigh the interests of the applicant in having the records pertaining
to the applicant's conviction or bail forfeiture sealed
or
expunged
against
the legitimate needs, if any, of the government to maintain those
records;

(g)
Consider the oral or written statement of any victim, victim's
representative, and victim's attorney, if applicable;

(h)
If the applicant was an eligible offender of the type described in
division (A)(3) of section 2953.36 of the Revised Code as it existed
prior to April 4, 2023, determine whether the offender has been
rehabilitated to a satisfactory degree. In making the determination,
the court may consider all of the following:

(i)
The age of the offender;

(ii)
The facts and circumstances of the offense;

(iii)
The cessation or continuation of criminal behavior;

(iv)
The education and employment of the offender;

(v)
Any other circumstances that may relate to the offender's
rehabilitation.

(i)
If the court is required to determine whether an applicant for
sealing
or
expungement
has
two or three convictions that result from the same indictment,
information, or complaint, from the same plea of guilty, or from the
same official proceeding, and result from related criminal acts that
were committed within a three-month period but do not result from the
same act or from offenses committed at the same time, in making its
determination, the court initially shall determine whether it is not
in the public interest for the two or three convictions to be counted
as one conviction. If the court determines that it is not in the
public interest for the two or three convictions to be counted as one
conviction, the court shall determine whether, when counting the
convictions individually, the applicant is pursuing sealing
or
expunging
a
conviction that is prohibited under
division
(A) of this
section

2953.311 of the Revised Code
.

(2)
If the court determines, after complying with division
(D)(1)
(C)(1)

of this section, that the offender is not pursuing sealing
or
expunging
a
conviction of an offense that is prohibited under
division
(A) of this
section

2953.311
of the Revise Code
or
that the forfeiture of bail was agreed to by the applicant and the
prosecutor in the case, that the application was made at the time
specified in division
(B)(1)(a)
or (b)
(A)(1)

or division
(B)(2)(a)
or (b)
(A)(2)

of this section that is applicable with respect to the application
and the subject offense, that no criminal proceeding is pending
against the applicant, that the interests of the applicant in having
the records pertaining to the applicant's conviction or bail
forfeiture sealed
or
expunged
are
not outweighed by any legitimate governmental needs to maintain those
records, and that the rehabilitation of the applicant has been
attained to the satisfaction of the court, both of the following
apply:

(a)
The court, except as provided in division
(D)(4)
or (5)
(C)(4)

of this section or division (D), (F), or (G) of section 2953.34 of
the Revised Code, shall order all official records of the case that
pertain to the conviction or bail forfeiture sealed
if
the application was for sealing or expunged if the application was
for expungement
and,
except as provided in division (C) of section 2953.34 of the Revised
Code, all index references to the case that pertain to the conviction
or bail forfeiture deleted and, in the case of bail forfeitures,
shall dismiss the charges in the case.

(b)
The proceedings in the case that pertain to the conviction or bail
forfeiture shall be considered not to have occurred and the
conviction or bail forfeiture of the person who is the subject of the
proceedings shall be sealed

if the application was for sealing or expunged if the application was
for expungement
,
except that upon conviction of a subsequent offense, a sealed record
of prior conviction or bail forfeiture may be considered by the court
in determining the sentence or other appropriate disposition,
including the relief provided for in sections 2953.31, 2953.32, and
2953.34 of the Revised Code.

(3)
An applicant may request the sealing
or
expungement
of
the records of more than one case in a single application under this
section. Upon the filing of an application under this section, the
applicant, unless the applicant presents a poverty affidavit showing
that the applicant is indigent, shall pay an application fee of fifty
dollars and may pay a local court fee of not more than fifty dollars,
regardless of the number of records the application requests to have
sealed

or expunged
.
If the applicant pays a fee, the court shall pay three-fifths of the
fee collected into the state treasury, with half of that amount
credited to the attorney general reimbursement fund created by
section 109.11 of the Revised Code. If the applicant pays a fee, the
court shall pay two-fifths of the fee collected into the county
general revenue fund if the sealed
or
expunged
conviction
or bail forfeiture was pursuant to a state statute, or into the
general revenue fund of the municipal corporation involved if the
sealed
or
expunged
conviction
or bail forfeiture was pursuant to a municipal ordinance.

(4)
If the court orders the official records pertaining to the case
sealed

or expunged
,
the court shall do one of the following:

(a)
If the applicant was fingerprinted at the time of arrest or under
section 109.60 of the Revised Code and the record of the applicant's
fingerprints was provided to the court under division
(C)
(B)

of this section, forward a copy of the sealing
or
expungement
order
and the record of the applicant's fingerprints to the bureau of
criminal identification and investigation.

(b)
If the applicant was not fingerprinted at the time of arrest or under
section 109.60 of the Revised Code, or the record of the applicant's
fingerprints was not provided to the court under division
(C)
(B)

of this section, but fingerprinting was required for the offense,
order the applicant to appear before a sheriff to have the
applicant's fingerprints taken according to the fingerprint system of
identification on the forms furnished by the superintendent of the
bureau of criminal identification and investigation. The sheriff
shall forward the applicant's fingerprints to the court. The court
shall forward the applicant's fingerprints and a copy of the sealing

or
expungement
order
to the bureau of criminal identification and investigation.

(c)

Failure
of the court to order fingerprints at the time of sealing
or
expungement
does
not constitute a reversible error.

(5)
Notwithstanding any other provision of the Revised Code to the
contrary, when the bureau of criminal identification and
investigation receives notice from a court that the record of a
conviction or bail forfeiture has been expunged under this section,
the bureau of criminal identification and investigation shall
maintain a record of the expunged conviction record for the limited
purpose of determining an individual's qualification or
disqualification for employment in law enforcement. The bureau of
criminal identification and investigation shall not be compelled by
the court to destroy, delete, or erase those records so that the
records are permanently irretrievable. These records may only be
disclosed or provided to law enforcement for the limited purpose of
determining an individual's qualification or disqualification for
employment in law enforcement.

When
any other entity other than the bureau of criminal identification and
investigation receives notice from a court that the record of a
conviction or bail forfeiture has been expunged under this section,
the entity shall destroy, delete, and erase the record as appropriate
for the record's physical or electronic form or characteristic so
that the record is permanently irretrievable.

Sec.
2953.321.
(A)(1)
At the expiration of five years after the time specified in division
(A)(1) of section 2953.32 of the Revised Code at which the person may
file an application for sealing a record of conviction or at the
expiration of five years after a person's complaint, indictment, or
information has been dismissed, an eligible record of conviction or
dismissed complaint, indictment, or information may be sealed. A
record of conviction is eligible to be sealed unless the conviction
is listed in section 2953.311 of the Revised Code or the conviction
was committed prior to the effective date of this section, and a
dismissed complaint, indictment, or information is eligible for
sealing unless the complaint, indictment, or information was
dismissed prior to the effective date of this section.

(2)
At the expiration of the time frames described in division (A)(1) of
this section, all of the following shall occur:

(a)
The sentencing court shall order its regular probation officer, a
state probation officer, or the department of probation of the county
to determine whether a record of conviction or dismissed complaint,
indictment, or information is eligible for sealing. If the court's
regular probation officer, a state probation officer, or the
department of probation of the county determines that a person's
record of conviction or dismissed complaint, indictment, or
information is eligible for sealing, then the person's record of
conviction or dismissed complaint, indictment, or information is
presumed to be eligible for sealing.

(b)
Subject to division (A)(2)(c) of this section, starting on July 1,
2026, if the court's regular probation officer, a state probation
officer, or the department of probation of the county determines that
a record of conviction or dismissed complaint, indictment, or
information is eligible for sealing, not more than two weeks after
the determination is made the sentencing court shall send a one-page
letter to the prosecutor, the subject of the proceedings, and the
victim or the victim's representative, if applicable, if the victim
or victim's representative requested notice of the proceedings in the
underlying case. The letter shall state that the subject of the
proceeding's record of conviction or dismissed complaint, indictment,
or information is presumed to be eligible for sealing. When the
sentencing court sends the letter to the subject of the proceedings,
the sentencing court shall also send the following accompanying
documents to the subject of the proceedings:

(i)
A one-page application on a form prescribed in division (F) of this
section for sealing a record of conviction or dismissed complaint,
indictment, or information;

(ii)
A one-page poverty affidavit, and a notice that an applicant shall
pay an application fee of fifty dollars and may pay a local court fee
of not more than fifty dollars, unless the applicant presents the
poverty affidavit showing the applicant is indigent pursuant to
division (E) of this section.

(c)
The letter and the accompanying documents described in division
(A)(2)(b) of this section shall not be sent by the sentencing court
if either of the following apply:

(i)
After the applicant was convicted of the subject offense or after the
complaint, indictment, or information was dismissed, the applicant
has been convicted of any other felony.

(ii)
At any time, the applicant has been convicted of any felony described
in section 2953.311 of the Revised Code.

(3)
Regardless of whether a person received the letter and accompanying
documents described in division (A)(2) of this section and except as
provided in section 2953.61 of the Revised Code, at the expiration of
the time frames described in division (A)(1) of this section, a
person may apply to the sentencing court if convicted in this state,
or to a court of common pleas if convicted in another state or in a
federal court, for the sealing of an eligible record of conviction or
dismissed complaint, indictment, or information.

(B)(1)
Upon the filing of an application and fee, if applicable, under this
section the court shall set a date and time for a hearing and shall
notify the prosecutor for the case and the subject of the proceedings
of the hearing on the application for the sealing of the record of
conviction or the dismissed complaint, indictment, or information not
less than sixty days before the hearing. Pursuant to the Ohio
Constitution, the prosecutor shall provide timely notice of the
application for the sealing of the record of conviction or the
dismissed complaint, indictment, or information and the date and time
of the hearing to a victim and victim's representative, if
applicable, if the victim or victim's representative requested notice
of the proceedings in the underlying case, not less than sixty days
before the hearing.

(2)
The court shall hold the hearing not less than forty-five days and
not more than ninety days after the date of the filing of the
application.

(3)
The prosecutor or victim or victim's representative, if applicable,
may object to the granting of the order to seal the record of
conviction or dismissed complaint, indictment, or information by
filing a written objection with the court not later than thirty days
prior to the hearing. The prosecutor or victim or victim's
representative, if applicable, shall specify in the objection the
reasons for believing a denial of the sealing of the applicant's
record of conviction or dismissed complaint, indictment, or
information is justified.

(C)
At the hearing held under division (B) of this section, the court
shall do each of the following:

(1)
Determine whether either of following applies:

(a)
The applicant's record of conviction is eligible for sealing under
division (A)(1) of this section and whether the application was made
at the time specified in division (A)(1) of this section that is
applicable with respect to the application of the subject offense;

(b)
The applicant's dismissed complaint, indictment, or information is
eligible for sealing under division (A)(1) of this section, whether
the application was made at the time specified in division (A)(1) of
this section that is applicable with respect to the application of
the subject offense, and whether the applicant's case was dismissed
with prejudice or without prejudice and, if it was dismissed without
prejudice, determine whether the relevant statute of limitations has
expired.

(2)
Determine whether criminal charges are pending against the applicant;

(3)
If the prosecutor has filed an objection in accordance with division
(B)(3) of this section, consider the reasons against granting the
sealing order specified by the prosecutor in the objection;

(4)
If the victim or victim's representative has filed an objection in
accordance with division (B)(3) of this section, consider the reasons
against granting the sealing order specified by the victim or
victim's representative in the objection;

(5)
Weigh the interests of the applicant in having the record of
conviction or dismissed complaint, indictment, or information sealed
against the legitimate needs, if any, of the government to maintain
those records.

(D)
If the court, after complying with division (C) of this section,
finds that the applicant is pursuing sealing a record of conviction
or dismissed complaint, indictment, or information that is eligible
for sealing under division (A)(1) of this section; that the
application was made at the time specified in division (A)(1) of this
section; that no criminal proceeding is pending against the
applicant; that the interests of the applicant in having the record
of conviction or dismissed complaint, indictment, or information
sealed are not substantially outweighed by any legitimate
governmental needs to maintain those records; and if the sealing
relates to a dismissed complaint, indictment, or information, that
the complaint, indictment, or information in the case was dismissed
with prejudice or that the complaint, indictment, or information in
the case was dismissed without prejudice and that the relevant
statute of limitations has expired, both of the following apply:

(1)
The court, except as provided in division (D), (F), or (G) of section
2953.34 of the Revised Code, shall order all official records of the
case that pertain to the record of conviction or dismissed complaint,
indictment, or information sealed, except as provided in division (C)
of section 2953.34 of the Revised Code, and all index references to
the case that pertain to the record of conviction deleted.

(2)
The proceedings in the case that pertain to the record of conviction
or dismissed complaint, indictment, or information shall be
considered not to have occurred, and the record of conviction or
dismissed complaint, indictment, or information of the person who is
the subject of the proceedings shall be sealed, except that upon
conviction of a subsequent offense, a sealed record of prior
conviction may be considered by the court in determining the sentence
or other appropriate disposition, including the relief provided for
in sections 2953.31, 2953.32, and 2953.34 of the Revised Code.

(E)
Upon the filing of an application under this section, the applicant,
unless the applicant presents a poverty affidavit showing that the
applicant is indigent, shall pay an application fee of fifty dollars
and may pay a local court fee of not more than fifty dollars. If the
applicant pays a fee, the court shall pay three-fifths of the fee
collected into the state treasury, with half of that amount credited
to the attorney general reimbursement fund created by section 109.11
of the Revised Code. If the applicant pays a fee, the court shall pay
two-fifths of the fee collected into the county general revenue fund
if the sealed conviction or dismissed complaint, indictment, or
information was pursuant to a state statute, or into the general
revenue fund of the municipal corporation involved if the sealed
conviction or dismissed complaint, indictment, or information was
pursuant to a municipal ordinance.

(F)
The state criminal sentencing commission shall prescribe and make
available an application form that is to be used under this section
by a person who applies to seal a record of conviction or a dismissed
complaint, indictment, or information. The application form shall be
one page and shall be designed to enable applicants to provide the
information that is required to seal a record of conviction or a
dismissed complaint, indictment, or information.

Sec.
2953.322.
(A)(1)
Except as provided in section 2953.61 of the Revised Code, an
offender may apply to the sentencing court if convicted in this
state, or to a court of common pleas if convicted in another state or
in a federal court, for the expungement of the record of the case
that pertains to the conviction, except for convictions listed in
section 2953.311 of the Revised Code. An application for expungement
under this section may be made at the expiration of seven years after
the offender's final discharge.

(2)
Any person who has been arrested for any misdemeanor offense and who
has effected a bail forfeiture for the offense charged may apply to
the court in which the misdemeanor criminal case was pending when
bail was forfeited for the expungement of the record of the case that
pertains to the charge. Except as provided in section 2953.61 of the
Revised Code, an application for expungement under this section may
be made at the expiration of seven years after the offender's final
discharge.

(B)
Upon the filing of an application under this section, the court shall
set a date for a hearing and shall notify the prosecutor for the case
of the hearing on the application not less than sixty days prior to
the hearing. Pursuant to the Ohio Constitution, the prosecutor shall
provide timely notice of the application and the date and time of the
hearing to a victim and victim's representative, if applicable, if
the victim or victim's representative requested notice of the
proceedings in the underlying case. The court shall hold the hearing
not less than forty-five days and not more than ninety days after the
date of the filing of the application. The prosecutor may object to
the granting of the application by filing a written objection with
the court not later than thirty days prior to the date set for the
hearing. The prosecutor shall specify in the objection the reasons
for believing a denial of the application is justified. The victim,
victim's representative, and victim's attorney, if applicable, may be
present and heard orally, in writing, or both at any hearing under
this section. The court shall direct its regular probation officer, a
state probation officer, or the department of probation of the county
in which the applicant resides to make inquiries and written reports
as the court requires concerning the applicant. The probation officer
or county department of probation that the court directs to make
inquiries and written reports as the court requires concerning the
applicant shall determine whether or not the applicant was
fingerprinted at the time of arrest or under section 109.60 of the
Revised Code. If the applicant was so fingerprinted, the probation
officer or county department of probation shall include with the
written report a record of the applicant's fingerprints. If the
applicant was convicted of or pleaded guilty to a violation of
division (A)(2) or (B) of section 2919.21 of the Revised Code, the
probation officer or county department of probation that the court
directed to make inquiries concerning the applicant shall contact the
child support enforcement agency enforcing the applicant's
obligations under the child support order to inquire about the
offender's compliance with the child support order.

(C)(1)
At the hearing held under division (B) of this section, the court
shall do each of the following:

(a)
Determine whether the applicant is pursuing expunging a conviction of
an offense that is prohibited under section 2953.311 of the Revised
Code or whether the forfeiture of bail was agreed to by the applicant
and the prosecutor in the case, and determine whether the application
was made at the time specified in division (A)(1) or (2) of this
section that is applicable with respect to the application and the
subject offense;

(b)
Determine whether criminal proceedings are pending against the
applicant;

(c)
Determine whether the applicant has been rehabilitated to the
satisfaction of the court;

(d)
If the prosecutor has filed an objection in accordance with division
(B) of this section, consider the reasons against granting the
application specified by the prosecutor in the objection;

(e)
If the victim objected, pursuant to the Ohio Constitution, consider
the reasons against granting the application specified by the victim
in the objection;

(f)
Weigh the interests of the applicant in having the records pertaining
to the applicant's conviction or bail forfeiture expunged against the
legitimate needs, if any, of the government to maintain those
records;

(g)
Consider the oral or written statement of any victim, victim's
representative, and victim's attorney, if applicable;

(h)
If the applicant was an eligible offender of the type described in
division (A)(3) of section 2953.36 of the Revised Code as it existed
prior to April 4, 2023, determine whether the offender has been
rehabilitated to a satisfactory degree. In making the determination,
the court may consider all of the following:

(i)
The age of the offender;

(ii)
The facts and circumstances of the offense;

(iii)
The cessation or continuation of criminal behavior;

(iv)
The education and employment of the offender;

(v)
Any other circumstances that may relate to the offender's
rehabilitation.

(i)
If the court is required to determine whether an applicant for
expungement has two or three convictions that result from the same
indictment, information, or complaint, from the same plea of guilty,
or from the same official proceeding, and result from related
criminal acts that were committed within a three-month period but do
not result from the same act or from offenses committed at the same
time, in making its determination, the court initially shall
determine whether it is not in the public interest for the two or
three convictions to be counted as one conviction. If the court
determines that it is not in the public interest for the two or three
convictions to be counted as one conviction, the court shall
determine whether, when counting the convictions individually, the
applicant is pursuing expunging a conviction that is prohibited under
section 2953.311 of the Revised Code.

(2)
If the court determines, after complying with division (C)(1) of this
section, that the offender is not pursuing expunging a conviction of
an offense that is prohibited under section 2953.311 of the Revised
Code or that the forfeiture of bail was agreed to by the applicant
and the prosecutor in the case, that the application was made at the
time specified in division (A)(1) or (2) of this section that is
applicable with respect to the application and the subject offense,
that no criminal proceeding is pending against the applicant, that
the interests of the applicant in having the records pertaining to
the applicant's conviction or bail forfeiture expunged are not
outweighed by any legitimate governmental needs to maintain those
records, and that the rehabilitation of the applicant has been
attained to the satisfaction of the court, both of the following
apply:

(a)
The court, except as provided in division (C)(4) of this section or
division (D), (F), or (G) of section 2953.34 of the Revised Code,
shall order all official records of the case that pertain to the
conviction or bail forfeiture expunged and, except as provided in
division (C) of section 2953.34 of the Revised Code, all index
references to the case that pertain to the conviction or bail
forfeiture deleted and, in the case of bail forfeitures, shall
dismiss the charges in the case.

(b)
The proceedings in the case that pertain to the conviction or bail
forfeiture shall be considered not to have occurred, and the
conviction or bail forfeiture of the person who is the subject of the
proceedings shall be expunged.

(3)
An applicant may request the expungement of the records of more than
one case in a single application under this section. Upon the filing
of an application under this section, the applicant, unless the
applicant presents a poverty affidavit showing that the applicant is
indigent, shall pay an application fee of fifty dollars and may pay a
local court fee of not more than fifty dollars, regardless of the
number of records the application requests to have expunged. If the
applicant pays a fee, the court shall pay three-fifths of the fee
collected into the state treasury, with half of that amount credited
to the attorney general reimbursement fund created by section 109.11
of the Revised Code. If the applicant pays a fee, the court shall pay
two-fifths of the fee collected into the county general revenue fund
if the expunged conviction or bail forfeiture was pursuant to a state
statute, or into the general revenue fund of the municipal
corporation involved if the expunged conviction or bail forfeiture
was pursuant to a municipal ordinance.

(4)
If the court orders the official records pertaining to the case
expunged, the court shall do one of the following:

(a)
If the applicant was fingerprinted at the time of arrest or under
section 109.60 of the Revised Code and the record of the applicant's
fingerprints was provided to the court under division (B) of this
section, forward a copy of the expungement order and the record of
the applicant's fingerprints to the bureau of criminal identification
and investigation;

(b)
If the applicant was not fingerprinted at the time of arrest or under
section 109.60 of the Revised Code, or the record of the applicant's
fingerprints was not provided to the court under division (B) of this
section, but fingerprinting was required for the offense, order the
applicant to appear before a sheriff to have the applicant's
fingerprints taken according to the fingerprint system of
identification on the forms furnished by the superintendent of the
bureau of criminal identification and investigation. The sheriff
shall forward the applicant's fingerprints to the court. The court
shall forward the applicant's fingerprints and a copy of the
expungement order to the bureau of criminal identification and
investigation.

(c)
Failure of the court to order fingerprints at the time of expungement
does not constitute a reversible error.

Sec.
2953.323.
(A)(1)
At the expiration of ten years after the time specified in division
(A)(1) of section 2953.322 of the Revised Code at which a person may
file an application for expunging a record of conviction or at the
expiration of ten years after a person's complaint, indictment, or
information has been dismissed, an eligible record of conviction or
dismissed complaint, indictment, or information may be expunged. A
record of conviction is eligible to be expunged unless the conviction
is listed in section 2953.311 of the Revised Code or the conviction
was committed prior to the effective date of this section and a
dismissed complaint, indictment, or information is eligible for
expungement unless the offense is listed in division (C)(1) of
section 2953.33 of the Revised Code or the complaint, indictment, or
information was dismissed prior to the effective date of this
section.

(2)
At the expiration of the time frames described in division (A)(1) of
this section, all of the following shall occur:

(a)
The sentencing court shall order its regular probation officer, a
state probation officer, or the department of probation of the county
to determine whether a record of conviction or dismissed complaint,
indictment, or information is eligible for expungement. If the
court's regular probation officer, a state probation officer, or the
department of probation of the county determines that a person's
record of conviction or dismissed complaint, indictment, or
information is eligible for expungement, then the person's record of
conviction or dismissed complaint, indictment, or information is
presumed to be eligible for expungement.

(b)
Subject to division (A)(2)(c) of this section, starting on July 1,
2026, if the court's regular probation officer, a state probation
officer, or the department of probation of the county determines that
a record of conviction or dismissed complaint, indictment, or
information is eligible for expungement, not more than two weeks
after the determination is made the sentencing court shall send a
one-page letter to the prosecutor, the subject of the proceedings,
and the victim or the victim's representative, if applicable, if the
victim or victim's representative requested notice of the proceedings
in the underlying case. The letter shall state that the subject of
the proceeding's record of conviction or dismissed complaint,
indictment, or information is presumed to be eligible for expungement
pursuant to division (A)(2)(a) of this section. When the sentencing
court sends the letter to the subject of the proceedings, the
sentencing court shall also send the following accompanying documents
to the subject of the proceedings:

(i)
A one-page application on a form prescribed in division (F) of this
section for expunging a record of conviction or dismissed complaint,
indictment, or information;

(ii)
A one-page poverty affidavit, and a notice that an applicant shall
pay an application fee of fifty dollars and may pay a local court fee
of not more than fifty dollars, unless the applicant presents the
poverty affidavit showing the applicant is indigent pursuant to
division (E) of this section.

(c)
The letter and the accompanying documents described in division
(A)(2)(b) of this section shall not be sent by the sentencing court
if either of the following apply:

(i)
After the applicant was convicted of the subject offense or after the
complaint, indictment, or information was dismissed, the applicant
has been convicted of any other felony.

(ii)
At any time, the applicant has been convicted of any felony described
in section 2953.311 of the Revised Code.

(3)
Regardless of whether a person received the letter and accompanying
documents described in division (A)(2) of this section, and except as
provided in section 2953.61 of the Revised Code, at the expiration of
the time frames described in division (A)(1) of this section, a
person may apply to the sentencing court if convicted in this state,
or to a court of common pleas if convicted in another state or in a
federal court, for the expungement of an eligible record of
conviction or dismissed complaint, indictment, or information.

(B)(1)
Upon the filing of an application and fee, if applicable, under this
section the court shall set a date and time for a hearing and shall
notify the prosecutor for the case and the subject of the proceedings
of the hearing on the application for the expungement of the record
of conviction or the dismissed complaint, indictment, or information
not less than sixty days before the hearing. Pursuant to the Ohio
Constitution, the prosecutor shall provide timely notice of the
application for the expungement of the record of conviction or the
dismissed complaint, indictment, or information and the date and time
of the hearing to a victim and victim's representative, if
applicable, if the victim or victim's representative requested notice
of the proceedings in the underlying case, not less than sixty days
before the hearing.

(2)
The court shall hold the hearing not less than forty-five days and
not more than ninety days after the date of the filing of the
application.

(3)
The prosecutor or victim or victim's representative, if applicable,
may object to the granting of the application to expunge the record
of conviction or dismissed complaint, indictment, or information by
filing a written objection with the court not later than thirty days
prior to the hearing. The prosecutor or victim or victim's
representative, if applicable, shall specify in the objection the
reasons for believing a denial of the application for expunging the
record of conviction or dismissed complaint, indictment, or
information is justified.

(C)
At the hearing held under division (B) of this section, the court
shall do each of the following:

(1)
Determine whether either of following applies:

(a)
The applicant's record of conviction is eligible for expungement
under division (A)(1) of this section and whether the application was
made at the time specified in division (A)(1) of this section that is
applicable with respect to the application of the subject offense;

(b)
The applicant's dismissed complaint, indictment, or information is
eligible for expungement under division (A)(1) of this section,
whether the application was made at the time specified in division
(A)(1) of this section that is applicable with respect to the
application of the subject offense, and whether the applicant's case
was dismissed with prejudice or without prejudice and, if it was
dismissed without prejudice, determine whether the relevant statute
of limitations has expired.

(2)
Determine whether criminal charges are pending against the applicant;

(3)
If the prosecutor has filed an objection in accordance with division
(B)(3) of this section, consider the reasons against granting the
expungement order specified by the prosecutor in the objection;

(4)
If the victim or victim's representative has filed an objection in
accordance with division (B)(3) of this section, consider the reasons
against granting the expungement order specified by the victim or
victim's representative in the objection;

(5)
Weigh the interests of the applicant in having the record of
conviction or dismissed complaint, indictment, or information
expunged against the legitimate needs, if any, of the government to
maintain those records.

(D)
If the court, after complying with division (C) of this section,
finds that the applicant is pursuing expunging a record of conviction
or dismissed complaint, indictment, or information that is eligible
for expungement under division (A)(1) of this section; that the
application was made at the time specified in division (A)(1) of this
section; that no criminal proceeding is pending against the
applicant; that the interests of the applicant in having the record
of conviction or dismissed complaint, indictment, or information
expunged are not substantially outweighed by any legitimate
governmental needs to maintain those records; and if the expungement
relates to a dismissed complaint, indictment, or information, that
the complaint, indictment, or information in the case was dismissed
with prejudice or that the complaint, indictment, or information in
the case was dismissed without prejudice and that the relevant
statute of limitations has expired, both of the following apply:

(1)
The court, except as provided in division (D), (F), or (G) of section
2953.34 of the Revised Code, shall order all official records of the
case that pertain to the record of conviction or dismissed complaint,
indictment, or information expunged, except as provided in division
(C) of section 2953.34 of the Revised Code, and all index references
to the case that pertain to the conviction deleted.

(2)
The proceedings in the case that pertain to the record of conviction
or dismissed complaint, indictment, or information shall be
considered not to have occurred and the record of conviction or
dismissed complaint, indictment, or information of the person who is
the subject of the proceedings shall be expunged.

(E)
Upon the filing of an application under this section, the applicant,
unless the applicant presents a poverty affidavit showing that the
applicant is indigent, shall pay an application fee of fifty dollars
and may pay a local court fee of not more than fifty dollars. If the
applicant pays a fee, the court shall pay three-fifths of the fee
collected into the state treasury, with half of that amount credited
to the attorney general reimbursement fund created by section 109.11
of the Revised Code. If the applicant pays a fee, the court shall pay
two-fifths of the fee collected into the county general revenue fund
if the expunged conviction or dismissed complaint, indictment, or
information was pursuant to a state statute, or into the general
revenue fund of the municipal corporation involved if the expunged
conviction or dismissed complaint, indictment, or information was
pursuant to a municipal ordinance.

(F)
The state criminal sentencing commission shall prescribe and make
available an application form that is to be used under this section
by a person who applies to expunge a record of conviction or a
dismissed complaint, indictment, or information. The application form
shall be one page and shall be designed to enable applicants to
provide the information that is required to expunge a record of
conviction or a dismissed complaint, indictment, or information.

Sec.
2953.34.
(A)
Inspection of the sealed records included in a sealing order may be
made only by the following persons or for the following purposes:

(1)
By a law enforcement officer or prosecutor, or the assistants of
either, to determine whether the nature and character of the offense
with which a person is to be charged would be affected by virtue of
the person's previously having been convicted of a crime;

(2)
By the parole or probation officer of the person who is the subject
of the records, for the exclusive use of the officer in supervising
the person while on parole or under a community control sanction or a
post-release control sanction, and in making inquiries and written
reports as requested by the court or adult parole authority;

(3)
Upon application by the person who is the subject of the records or a
legal representative of that person, by the persons named in the
application;

(4)
By a law enforcement officer who was involved in the case, for use in
the officer's defense of a civil action arising out of the officer's
involvement in that case;

(5)
By a prosecuting attorney or the prosecuting attorney's assistants,
to determine a defendant's eligibility to enter a pre-trial diversion
program established pursuant to section 2935.36 of the Revised Code;

(6)
By any law enforcement agency or any authorized employee of a law
enforcement agency or by the department of rehabilitation and
correction or department of youth services as part of a background
investigation of a person who applies for employment with the agency
or with the department;

(7)
By any law enforcement agency or any authorized employee of a law
enforcement agency, for the purposes set forth in, and in the manner
provided in, division (I) of section 2953.34 of the Revised Code;

(8)
By the bureau of criminal identification and investigation or any
authorized employee of the bureau for the purpose of providing
information to a board or person pursuant to division (F) or (G) of
section 109.57 of the Revised Code;

(9)
By the bureau of criminal identification and investigation or any
authorized employee of the bureau for the purpose of performing a
criminal history records check on a person to whom a certificate as
prescribed in section 109.77 of the Revised Code is to be awarded;

(10)
By the bureau of criminal identification and investigation or any
authorized employee of the bureau for the purpose of conducting a
criminal records check of an individual pursuant to division (B) of
section 109.572 of the Revised Code that was requested pursuant to
any of the sections identified in division (B)(1) of that section;

(11)
By the bureau of criminal identification and investigation, an
authorized employee of the bureau, a sheriff, or an authorized
employee of a sheriff in connection with a criminal records check
described in section 311.41 of the Revised Code;

(12)
By the attorney general or an authorized employee of the attorney
general or a court for purposes of determining a person's
classification pursuant to Chapter 2950. of the Revised Code;

(13)
By a court, the registrar of motor vehicles, a prosecuting attorney
or the prosecuting attorney's assistants, or a law enforcement
officer for the purpose of assessing points against a person under
section 4510.036 of the Revised Code or for taking action with regard
to points assessed.

When
the nature and character of the offense with which a person is to be
charged would be affected by the information, it may be used for the
purpose of charging the person with an offense.

(B)
In any criminal proceeding, proof of any otherwise admissible prior
conviction may be introduced and proved, notwithstanding the fact
that for any such prior conviction an order of sealing or expungement
previously was issued pursuant to sections 2953.31 to 2953.34 of the
Revised Code.

(C)
The person or governmental agency, office, or department that
maintains sealed records pertaining to convictions or bail
forfeitures that have been sealed pursuant to section 2953.32
or
2953.321
of
the Revised Code may maintain a manual or computerized index to the
sealed records. The index shall contain only the name of, and
alphanumeric identifiers that relate to, the persons who are the
subject of the sealed records, the word "sealed," and the
name of the person, agency, office, or department that has custody of
the sealed records, and shall not contain the name of the crime
committed. The index shall be made available by the person who has
custody of the sealed records only for the purposes set forth in
divisions (A), (B), and (D) of this section.

(D)
Notwithstanding any provision of this section or section 2953.32

,
2953.321, 2953.322, or 2953.323
of
the Revised Code that requires otherwise, a board of education of a
city, local, exempted village, or joint vocational school district
that maintains records of an individual who has been permanently
excluded under sections 3301.121 and 3313.662 of the Revised Code is
permitted to maintain records regarding a conviction that was used as
the basis for the individual's permanent exclusion, regardless of a
court order to seal or expunge the record. An order issued under
section 2953.32

,
2953.321, 2953.322, or 2953.323
of
the Revised Code to seal or expunge the record of a conviction does
not revoke the adjudication order of the director of education and
workforce to permanently exclude the individual who is the subject of
the sealing or expungement order. An order issued under section
2953.32

,
2953.321, 2953.322, or 2953.323
of
the Revised Code to seal or expunge the record of a conviction of an
individual may be presented to a district superintendent as evidence
to support the contention that the superintendent should recommend
that the permanent exclusion of the individual who is the subject of
the sealing or expungement order be revoked. Except as otherwise
authorized by this division and sections 3301.121 and 3313.662 of the
Revised Code, any school employee in possession of or having access
to the sealed or expunged conviction records of an individual that
were the basis of a permanent exclusion of the individual is subject
to division (J) of this section.

(E)
Notwithstanding any provision of this section or section 2953.32
,
2953.321, 2953.322, or 2953.323

of the Revised Code that requires otherwise, if the auditor of state
or a prosecutor maintains records, reports, or audits of an
individual who has been forever disqualified from holding public
office, employment, or a position of trust in this state under
sections 2921.41 and 2921.43 of the Revised Code, or has otherwise
been convicted of an offense based upon the records, reports, or
audits of the auditor of state, the auditor of state or prosecutor is
permitted to maintain those records to the extent they were used as
the basis for the individual's disqualification or conviction, and
shall not be compelled by court order to seal or expunge those
records.

(F)
For purposes of sections 2953.31 and 2953.34 of the Revised Code, DNA
records collected in the DNA database and fingerprints filed for
record by the superintendent of the bureau of criminal identification
and investigation shall not be sealed or expunged unless the
superintendent receives a certified copy of a final court order
establishing that the offender's conviction has been overturned. For
purposes of this section, a court order is not "final" if
time remains for an appeal or application for discretionary review
with respect to the order.

(G)(1)
The court shall send notice of any order to seal or expunge official
records issued pursuant to section 2953.32

,
2953.321, 2953.322, or 2953.323
of
the Revised Code to the bureau of criminal identification and
investigation and to any public office or agency that the court knows
or has reason to believe may have any record of the case, whether or
not it is an official record, that is the subject of the order.

(2)
The sealing of a record under section 2953.32
or
2953.321
of
the Revised Code does not affect the assessment of points under
section 4510.036 of the Revised Code and does not erase points
assessed against a person as a result of the sealed record.

(H)(1)
The court shall send notice of any order to seal or expunge official
records issued pursuant to division (B)(3) of section 2953.33 of the
Revised Code
or
any order to seal or expunge official records of a dismissed
complaint, indictment, or information pursuant to division (D) of
section 2953.321 or division (D) of section 2953.323 of the Revised
Code
to
the bureau of criminal identification and investigation and shall
send notice of any order issued pursuant to division (B)(4) of
that

section

2953.33
of the Revised Code or any order issued pursuant to division (D) of
section 2953.321 or division (D) of section 2953.323 of the Revised
Code
to
any public office or agency that the court knows or has reason to
believe may have any record of the case, whether or not it is an
official record, that is the subject of the order.

(2)
A person whose official records have been sealed or expunged pursuant
to an order issued pursuant to section 2953.33 of the Revised Code
or
a person whose official records of a dismissed complaint, indictment,
or information have been sealed or expunged pursuant to an order
issued pursuant to division (D) of section 2953.321 or division (D)
of section 2953.323 of the Revised Code
may
present a copy of that order and a written request to comply with it,
to a public office or agency that has a record of the case that is
the subject of the order.

(3)
An order to seal or expunge official records issued pursuant to
section 2953.33 of the Revised Code
or
an order to seal or expunge official records of a dismissed
complaint, indictment, or information issued pursuant to division (D)
of section 2953.321 or division (D) of section 2953.323 of the
Revised Code
applies
to every public office or agency that has a record of the case that
is the subject of the order, regardless of whether it receives notice
of the hearing on the application for the order to seal or expunge
the official records or receives a copy of the order to seal the
official records pursuant to division (H)(1) or (2) of this section.

(4)
Upon receiving a copy of an order to seal or expunge official records
pursuant to division (H)(1) or (2) of this section or upon otherwise
becoming aware of an applicable order to seal or expunge official
records issued pursuant to section 2953.33 of the Revised Code

or an applicable order to seal or expunge official records of a
dismissed complaint, indictment, or information issued pursuant to
division (D) of section 2953.321 or division (D) of section 2953.323
of the Revised Code
,
a public office or agency shall comply with the order and, if
applicable, with division (K) of this section, except that if the
order is a sealing order, the office or agency may maintain a record
of the case that is the subject of the order if the record is
maintained for the purpose of compiling statistical data only and
does not contain any reference to the person who is the subject of
the case and the order.

(5)
A public office or agency to which division (H)(4) of this section
applies also may maintain an index of sealed official records that
are the subject of a sealing order, in a form similar to that for
sealed records of conviction as set forth in division (C) of this
section, access to which may not be afforded to any person other than
the person who has custody of the sealed official records. The sealed
official records to which such an index pertains shall not be
available to any person, except that the official records of a case
that have been sealed may be made available to the following persons
for the following purposes:

(a)
To the person who is the subject of the records upon written
application, and to any other person named in the application, for
any purpose;

(b)
To a law enforcement officer who was involved in the case, for use in
the officer's defense of a civil action arising out of the officer's
involvement in that case;

(c)
To a prosecuting attorney or the prosecuting attorney's assistants to
determine a defendant's eligibility to enter a pre-trial diversion
program established pursuant to section 2935.36 of the Revised Code;

(d)
To a prosecuting attorney or the prosecuting attorney's assistants to
determine a defendant's eligibility to enter a pre-trial diversion
program under division (E)(2)(b) of section 4301.69 of the Revised
Code.

(I)(1)
Upon the issuance of an order by a court pursuant to division

(D)(2)
(C)(2)

of section 2953.32

,
division (D) of section 2953.321, division (C)(2) of section
2953.322, or division (D) of section 2953.323
of
the Revised Code directing that all official records of a case
pertaining to a conviction or bail forfeiture be sealed or expunged
or an order by a court pursuant to division (E) of section 2151.358,
division (C)(2) of section 2953.35, or division (E) of section
2953.36 of the Revised Code directing that all official records of a
case pertaining to a conviction or delinquent child adjudication be
expunged:

(a)
Every law enforcement officer who possesses investigatory work
product immediately shall deliver that work product to the law
enforcement officer's employing law enforcement agency.

(b)
Except as provided in divisions (I)(1)(c) and (d) of this section,
every law enforcement agency that possesses investigatory work
product shall close that work product to all persons who are not
directly employed by the law enforcement agency and shall treat that
work product, in relation to all persons other than those who are
directly employed by the law enforcement agency, as if it did not
exist and never had existed.

(c)
A law enforcement agency that possesses investigatory work product
may permit another law enforcement agency to use that work product in
the investigation of another offense if the facts incident to the
offense being investigated by the other law enforcement agency and
the facts incident to an offense that is the subject of the case are
reasonably similar. The agency that permits the use of investigatory
work product may provide the other agency with the name of the person
who is the subject of the case if it believes that the name of the
person is necessary to the conduct of the investigation by the other
agency.

(d)
The auditor of state may provide to or discuss with other parties
investigatory work product maintained pursuant to Chapter 117. of the
Revised Code by the auditor of state.

(2)(a)
Except as provided in divisions (I)(1)(c) and (d) of this section, no
law enforcement officer or other person employed by a law enforcement
agency shall knowingly release, disseminate, or otherwise make the
investigatory work product or any information contained in that work
product available to, or discuss any information contained in it
with, any person not employed by the employing law enforcement
agency.

(b)
No law enforcement agency, or person employed by a law enforcement
agency, that receives investigatory work product pursuant to
divisions (I)(1)(c) and (d) of this section shall use that work
product for any purpose other than the investigation of the offense
for which it was obtained from the other law enforcement agency, or
disclose the name of the person who is the subject of the work
product except when necessary for the conduct of the investigation of
the offense, or the prosecution of the person for committing the
offense, for which it was obtained from the other law enforcement
agency.

(3)
Whoever violates division (I)(2)(a) or (b) of this section is guilty
of divulging confidential investigatory work product, a misdemeanor
of the fourth degree.

(J)(1)
Except as authorized by divisions (A) to (C) of this section or by
Chapter 2950. of the Revised Code and subject to

division

divisions

(J)(2) and (3) of this section, any officer or employee of the state,
or a political subdivision of the state, who releases or otherwise
disseminates or makes available for any purpose involving employment,
bonding, or licensing in connection with any business, trade, or
profession to any person, or to any department, agency, or other
instrumentality of the state, or any political subdivision of the
state, any information or other data concerning any law enforcement
or justice system matter the records with respect to which the
officer or employee had knowledge of were sealed by an existing order
issued pursuant to section 2953.32

or 2953.321

of the Revised Code, division (E) of section 2151.358, section
2953.35, or section 2953.36 of the Revised Code, or were expunged by
an order issued pursuant to section 2953.42 of the Revised Code as it
existed prior to June 29, 1988, is guilty of divulging confidential
information, a misdemeanor of the fourth degree.

(2)
Division (J)(1) of this section does not apply to an officer or
employee of the state, or a political subdivision of the state, who
releases or otherwise disseminates or makes available for any purpose
specified in that division any information or other data concerning a
law enforcement or justice system matter the records of which the
officer had knowledge were sealed or expunged by an order of a type
described in that division, if all of the following apply:

(a)
The officer or employee released, disseminated, or made available the
information or data from the sealed or expunged records together with
information or data concerning another law enforcement or justice
system matter.

(b)
The records of the other law enforcement or justice system matter
were not sealed or expunged by any order of a type described in
division (J)(1) of this section.

(c)
The law enforcement or justice system matter covered by the
information or data from the sealed or expunged records and the other
law enforcement or justice system matter covered by the information
or data from the records that were not sealed or expunged resulted
from or were connected to the same act.

(d)
The officer or employee made a good faith effort to not release,
disseminate, or make available any information or other data
concerning any law enforcement or justice system matter from the
sealed or expunged records, and the officer or employee did not
release, disseminate, or make available the information or other data
from the sealed or expunged records with malicious purpose, in bad
faith, or in a wanton or reckless manner.

(3)
Division (J)(1) of this section does not apply to an officer or
employee of the state, or a political subdivision of the state, who
releases or otherwise disseminates or makes available for any purpose
specified in that division any information or other data concerning a
law enforcement or justice system matter the records of which the
officer had knowledge were sealed or expunged by an order of a type
described in that division, if the records are released or
disseminated or access is provided pursuant to an application by the
person who is the subject of the information or data or by a legal
representative of that person.

(4)
Any person who, in violation of this section, uses, disseminates, or
otherwise makes available any index prepared pursuant to division (C)
of this section is guilty of a misdemeanor of the fourth degree.

(K)(1)
Except as otherwise provided in Chapter 2950. of the Revised Code,
upon the issuance of an order by a court under division (B) of
section 2953.33 of the Revised Code
or
upon issuance of an order to seal or expunge official records of a
dismissed complaint, indictment, or information by a court under
division (D) of section 2953.321 or division (D) of section 2953.323
of the Revised Code
directing
that all official records pertaining to a case be sealed or expunged
and that the proceedings in the case be deemed not to have occurred:

(a)
Every law enforcement officer possessing records or reports
pertaining to the case that are the officer's specific investigatory
work product and that are excepted from the definition of official
records shall immediately deliver the records and reports to the
officer's employing law enforcement agency. Except as provided in
division (K)(1)(c) or (d) of this section, no such officer shall
knowingly release, disseminate, or otherwise make the records and
reports or any information contained in them available to, or discuss
any information contained in them with, any person not employed by
the officer's employing law enforcement agency.

(b)
Every law enforcement agency that possesses records or reports
pertaining to the case that are its specific investigatory work
product and that are excepted from the definition of official
records, or that are the specific investigatory work product of a law
enforcement officer it employs and that were delivered to it under
division (K)(1)(a) of this section shall, except as provided in
division (K)(1)(c) or (d) of this section, close the records and
reports to all persons who are not directly employed by the law
enforcement agency and shall, except as provided in division
(K)(1)(c) or (d) of this section, treat the records and reports, in
relation to all persons other than those who are directly employed by
the law enforcement agency, as if they did not exist and had never
existed. Except as provided in division (K)(1)(c) or (d) of this
section, no person who is employed by the law enforcement agency
shall knowingly release, disseminate, or otherwise make the records
and reports in the possession of the employing law enforcement agency
or any information contained in them available to, or discuss any
information contained in them with, any person not employed by the
employing law enforcement agency.

(c)
A law enforcement agency that possesses records or reports pertaining
to the case that are its specific investigatory work product and that
are excepted from the definition of official records, or that are the
specific investigatory work product of a law enforcement officer it
employs and that were delivered to it under division (K)(1)(a) of
this section may permit another law enforcement agency to use the
records or reports in the investigation of another offense, if the
facts incident to the offense being investigated by the other law
enforcement agency and the facts incident to an offense that is the
subject of the case are reasonably similar. The agency that provides
the records and reports may provide the other agency with the name of
the person who is the subject of the case, if it believes that the
name of the person is necessary to the conduct of the investigation
by the other agency.

No
law enforcement agency, or person employed by a law enforcement
agency, that receives from another law enforcement agency records or
reports pertaining to a case the records of which have been ordered
sealed or expunged pursuant to division (B) of section 2953.33 of the
Revised Code
or
records of a dismissed complaint, indictment, or information of which
have been ordered sealed or expunged pursuant to division (D) of
section 2953.321 or division (D) of section 2953.323 of the Revised
Code
shall
use the records and reports for any purpose other than the
investigation of the offense for which they were obtained from the
other law enforcement agency, or disclose the name of the person who
is the subject of the records or reports except when necessary for
the conduct of the investigation of the offense, or the prosecution
of the person for committing the offense, for which they were
obtained from the other law enforcement agency.

(d)
The auditor of state may provide to or discuss with other parties
records, reports, or audits maintained by the auditor of state
pursuant to Chapter 117. of the Revised Code pertaining to the case
that are the auditor of state's specific investigatory work product
and that are excepted from the definition of "official records"
contained in division (C) of section 2953.31 of the Revised Code, or
that are the specific investigatory work product of a law enforcement
officer the auditor of state employs and that were delivered to the
auditor of state under division (K)(1)(a) of this section.

(2)
Whoever violates division (K)(1) of this section is guilty of
divulging confidential information, a misdemeanor of the fourth
degree.

(L)(1)
In any application for employment, license, or any other right or
privilege, any appearance as a witness, or any other inquiry, a
person may not be questioned with respect to any record that has been
sealed or expunged pursuant to section 2953.33 of the Revised Code

or any record of a dismissed complaint, indictment, or information
that has been sealed or expunged pursuant to division (D) of section
2953.321 or division (D) of section 2953.323 of the Revised Code
.
If an inquiry is made in violation of this division, the person whose
official record was sealed may respond as if the arrest underlying
the case to which the sealed official records pertain and all other
proceedings in that case did not occur, and the person whose official
record was sealed shall not be subject to any adverse action because
of the arrest, the proceedings, or the person's response.

(2)(a)
Except as provided in division (L)(2)(b) of this section, an officer
or employee of the state or any of its political subdivisions who
knowingly releases, disseminates, or makes available for any purpose
involving employment, bonding, licensing, or education to any person
or to any department, agency, or other instrumentality of the state,
or of any of its political subdivisions, any information or other
data concerning any arrest, complaint, indictment, information,
trial, adjudication, or correctional supervision, knowing the records
of which have been sealed or expunged pursuant to section 2953.33 of
the Revised Code

or the records of a dismissed complaint, indictment, or information
of which have been sealed or expunged pursuant to division (D) of
section 2953.321 or division (D) of section 2953.323 of the Revised
Code
,
is guilty of divulging confidential information, a misdemeanor of the
fourth degree.

(b)
Division (L)(2)(a) of this section does not apply to any release,
dissemination, or access to information or data if the records are
released or disseminated or access is provided pursuant to an
application by the person who is the subject of the information or
data or by a legal representative of that person.

(M)
It is not a violation of division (I), (J), (K), or (L) of this
section for the bureau of criminal identification and investigation
or any authorized employee of the bureau participating in the
investigation of criminal activity to release, disseminate, or
otherwise make available to, or discuss with, a person directly
employed by a law enforcement agency DNA records collected in the DNA
database or fingerprints filed for record by the superintendent of
the bureau of criminal identification and investigation.

(N)(1)
An order issued under section 2953.35 of the Revised Code to expunge
the record of a person's conviction or, except as provided in
division (D) of this section, an order issued under that section to
seal the record of a person's conviction restores the person who is
the subject of the order to all rights and privileges not otherwise
restored by termination of the sentence or community control sanction
or by final release on parole or post-release control.

(2)(a)
In any application for employment, license, or other right or
privilege, any appearance as a witness, or any other inquiry, except
as provided in division (B) of this section and in section 3319.292
of the Revised Code and subject to division (N)(2)(c) of this
section, a person may be questioned only with respect to convictions
not sealed, bail forfeitures not expunged under section 2953.42 of
the Revised Code as it existed prior to June 29, 1988, and bail
forfeitures not sealed, unless the question bears a direct and
substantial relationship to the position for which the person is
being considered.

(b)
In any application for a certificate of qualification for employment
under section 2953.25 of the Revised Code, a person may be questioned
only with respect to convictions not sealed and bail forfeitures not
sealed.

(c)
A person may not be questioned in any application, appearance, or
inquiry of a type described in division (N)(2)(a) of this section
with respect to any conviction expunged under section 2953.35 of the
Revised Code.

(O)
Nothing in section 2953.32
,
2953.321,

2953.322,
2953.323,
or
2953.34 of the Revised Code precludes an offender from taking an
appeal or seeking any relief from the offender's conviction or from
relying on it in lieu of any subsequent prosecution for the same
offense.

Sec.
2953.39.
(A)
As used in this section:

(1)
"Applicant prosecutor" means the prosecutor who applies
under division (B)(1) of this section for the sealing or expungement
of the record of a case that pertains to a conviction of a person of
a low-level controlled substance offense.

(2)
"Low-level controlled substance offense" means a violation
of any provision of Chapter 2925. of the Revised Code that is a
misdemeanor of the fourth degree or a minor misdemeanor or a
violation of an ordinance of a municipal corporation that is
substantially equivalent to a violation of any provision of Chapter
2925. of the Revised Code and that, if the violation were to be
charged under the provision of Chapter 2925. of the Revised Code,
would be a misdemeanor of the fourth degree or a minor misdemeanor.

(3)
"Subject offender" means, regarding an application filed
under division (B)(1) of this section requesting the sealing or
expungement of the record of a case that pertains to a conviction of
a low-level controlled substance offense, the person who was
convicted of the low-level controlled substance offense for which the
application requests the sealing or expungement.

(B)(1)
If a person is or was convicted of a low-level controlled substance
offense, the prosecutor in the case may apply to the sentencing court
for the sealing or expungement of the record of the case that
pertains to the conviction. The prosecutor may file the application
with respect to the offense that is the subject of the application at
any time after the expiration, with respect to that offense and the
subject offender, of the corresponding period of time specified in
division
(B)(1)
(A)(1)

of section 2953.32 of the Revised Code for sealing
applications

or

division
(A)(1) of section 2953.322 of the Revised Code for
expungement
applications filed by an offender under

that section

those sections
.

(2)
An application under division (B)(1) of this section may request an
order to seal or expunge the record of conviction for more than one
low-level controlled substance offense, but if it does, the court
shall consider the request for each offense separately as if a
separate application had been made for each offense and all
references in divisions (B) to (F) of this section to "the
offense" or "that offense" mean each of those offenses
that are the subject of the application.

(3)
Upon the filing of an application under division (B)(1) of this
section, except as otherwise provided in this division, the applicant
prosecutor shall pay a fee of not more than fifty dollars, including
court fees, regardless of the number of records the application
requests to have sealed or expunged. The court may direct the clerk
of the court to waive some or all of the fee that otherwise would be
charged. If the applicant pays a fee, the court shall pay
three-fifths of the fee collected into the state treasury, with half
of that amount credited to the attorney general reimbursement fund
created under section 109.11 of the Revised Code. If the applicant
pays a fee, the court shall pay two-fifths of the fee collected into
the county general revenue fund if the sealed or expunged conviction
was pursuant to a state statute, or into the general revenue fund of
the municipal corporation involved if the sealed or expunged
conviction was pursuant to a municipal ordinance.

(C)
An application filed under division (B)(1) of this section shall do
all of the following:

(1)
Identify the subject offender and the applicant prosecutor, the
offense for which the sealing or expungement is sought, the date of
the conviction of that offense, and the court in which the conviction
occurred;

(2)
Describe the evidence and provide copies of any documentation showing
that the subject offender is entitled to relief under this section;

(3)
Include a request for sealing or expungement under this section of
the record of the case that pertains to the conviction of that
offense.

(D)(1)
Upon the filing of an application under division (B)(1) of this
section, the court shall set a date for a hearing and shall notify
the applicant prosecutor of the date, time, and location of the
hearing not later than sixty days prior to the hearing. Upon receipt
of the notice, the prosecutor shall do both of the following:

(a)
Notify the subject offender of the application, the date, time, and
location of the hearing on the application, and the offender's right
to object to the granting of the application. The notice shall be
provided at the offender's last known address or through another
means of contact.

(b)
Provide timely notice to the victim of the offense, if such a victim
exists, or the victim's representative, of the application, the date,
time, and location of the hearing on the application, and the
victim's or representative's right to object to the granting of the
application. The victim, victim's representative, and victim's
attorney, if applicable, may be present and heard orally, in writing,
or both at any hearing under this section. The notice shall be
provided by any reasonable means reasonably calculated to provide
prompt actual notice, including regular mail, telephone, and
electronic mail. If the prosecutor attempts to provide notice to a
victim under this division but the attempt is unsuccessful because
the prosecutor is unable to locate the victim, is unable to provide
the notice by the chosen method because the mailing address,
telephone number, or electronic mail address at which to provide the
notice cannot be determined, or the notice is sent by mail and it is
returned, the prosecutor shall make another attempt to provide the
notice to the victim. If the second attempt is unsuccessful, the
prosecutor shall make at least one more attempt to provide the
notice.

(2)
The court shall hold the hearing set under division (D)(1) of this
section not less than forty-five days and not more than ninety days
from the date of the filing of the application.

The
subject offender may object to the granting of the application by
filing an objection with the court prior to the date set for the
hearing. The victim of the offense may object to the granting of the
application by filing an objection with the court prior to the date
set for the hearing. The subject offender or victim shall specify in
the objection the reasons for believing that the application should
be denied.

(E)(1)
At the hearing held under division (D) of this section, the court
shall determine whether the offense that is the subject of the
application is a low-level controlled substance offense and whether
the amount of time specified in division (B)(1) of this section for
the filing of the application has expired.

(2)
If the court at the hearing held under division (D) of this section
determines that the offense that is the subject of the application is
a low-level controlled substance offense and that the amount of time
specified in division (B)(1) of this section for the filing of the
application has expired, the court at the hearing also shall do all
of the following:

(a)
Determine whether criminal proceedings are pending against the
subject offender;

(b)
Determine whether the subject offender has been rehabilitated to the
satisfaction of the court;

(c)
If the subject offender objected, consider the reasons against
granting the application specified by the offender in the objection;

(d)
If the victim objected, pursuant to the Ohio Constitution, consider
the reasons against granting the application specified by the victim
in the objection;

(e)
Weigh the interests of the subject offender in having the records
pertaining to the offender's conviction sealed or expunged against
the legitimate needs, if any, of the government to maintain those
records;

(f)
Consider the oral or written statement of the victim, victim's
representative, and victim's attorney, if applicable.

(F)(1)
If the court determines, after complying with divisions (E)(1) and
(2) of this section, that no criminal proceeding is pending against
the subject offender, that the interests of the offender in having
the records pertaining to the offender's conviction sealed or
expunged are not outweighed by any legitimate governmental needs to
maintain those records, and that the rehabilitation of the offender
has been attained to the satisfaction of the court, all of the
following apply:

(a)
The court shall issue orders of the type specified in division

(D)(2)
(C)(2)

of section 2953.32
or
division (C)(2) of section 2953.322
of
the Revised Code, subject to the exceptions specified in that
division.

(b)
The proceedings in the case that pertain to the conviction shall be
considered not to have occurred and the conviction of the subject
offender shall be sealed or expunged, subject to the exceptions
specified in division
(D)(2)
(C)(2)

of section 2953.32
or
division (C)(2) of section 2953.322
of
the Revised Code.

(c)
The court shall notify the subject offender, at the offender's last
known address or through another means of contact, that the court has
issued the order requiring the sealing or expungement of the official
records pertaining to the case and shall specifically identify the
offense and case with respect to which the order applies.

(2)
If the court orders the official records pertaining to the case
sealed or expunged under division (F)(1) of this section, the court
shall comply with division
(D)(4)(a)
(C)(4)(a)

or (b) of section 2953.32 of the Revised Code, whichever is
applicable.

(3)
All provisions of section 2953.34 of the Revised Code that apply with
respect to an order to seal or expunge official records that is
issued under section 2953.32

or 2953.322

of the Revised Code, or that apply with respect to the official
records to be sealed or expunged under such an order, apply with
respect to an order to seal or expunge official records that is
issued under division (F)(1) of this section and to the official
records to be sealed or expunged under such an order.

(G)
A record that is expunged pursuant to an order issued under division
(F)(1) of this section shall be destroyed, deleted, and erased, as
appropriate for the record's physical or electronic form or
characteristic, so that the record is permanently irretrievable.

(H)
The provisions of this section are separate from, and independent of,
the provisions of sections 2953.35 and 2953.36 and, except as
otherwise specified in this section, the provisions of sections
2953.32
,
2953.322,

and 2953.34 of the Revised Code.

Sec.
2953.61.
(A)
Except as provided in division (B)(1) of this section, a person
charged with two or more offenses as a result of or in connection
with the same act may not apply to the court pursuant to section
2953.32,
2953.321,
2953.322, 2953.323,
2953.33,
or 2953.521 of the Revised Code for the sealing or expungement of the
person's record in relation to any of the charges, and a prosecutor
may not apply to the court pursuant to section 2953.39 of the Revised
Code for the sealing or expungement of the record of a person in
relation to any of the charges if the person was charged with two or
more offenses as a result of or in connection with the same act, when
at least one of the charges has a final disposition that is different
from the final disposition of the other charges until such time as
the person, or prosecutor, would be able to apply to the court and
have all of the records pertaining to all of those charges sealed or
expunged pursuant to section 2953.32,
2953.321,
2953.322, 2953.323,
2953.33,
2953.39, or 2953.521 of the Revised Code.

(B)(1)
When a person is charged with two or more offenses as a result of or
in connection with the same act and the final disposition of one, and
only one, of the charges is a conviction under any section of Chapter
4507., 4510., 4511., or 4549., other than section 4511.19 or 4511.194
of the Revised Code, or under a municipal ordinance that is
substantially similar to any section other than section 4511.19 or
4511.194 of the Revised Code contained in any of those chapters, and
if the records pertaining to all the other charges would be eligible
for sealing or expungement under section 2953.33, 2953.39, or
2953.521 of the Revised Code in the absence of that conviction, the
court may order that the records pertaining to all the charges be
sealed or expunged. In such a case, the court shall not order that
only a portion of the records be sealed or expunged.

(2)
Division (B)(1) of this section does not apply if the person
convicted of the offenses currently holds a commercial driver's
license or commercial driver's license temporary instruction permit.

Sec.
4723.28.
(A)
The board of nursing, by a vote of a quorum, may impose one or more
of the following sanctions if it finds that a person committed fraud
in passing an examination required to obtain a license or dialysis
technician certificate issued by the board or to have committed
fraud, misrepresentation, or deception in applying for or securing
any nursing license or dialysis technician certificate issued by the
board: deny, revoke, suspend, or place restrictions on any nursing
license or dialysis technician certificate issued by the board;
reprimand or otherwise discipline a holder of a nursing license or
dialysis technician certificate; or impose a fine of not more than
five hundred dollars per violation.

(B)
Except as provided in section 4723.092 of the Revised Code, the board
of nursing, by a vote of a quorum, may impose one or more of the
following sanctions: deny, revoke, suspend, or place restrictions on
any nursing license or dialysis technician certificate issued by the
board; reprimand or otherwise discipline a holder of a nursing
license or dialysis technician certificate; or impose a fine of not
more than five hundred dollars per violation. The sanctions may be
imposed for any of the following:

(1)
Denial, revocation, suspension, or restriction of authority to engage
in a licensed profession or practice a health care occupation,
including nursing or practice as a dialysis technician, for any
reason other than a failure to renew, in Ohio or another state or
jurisdiction;

(2)
Engaging in the practice of nursing or engaging in practice as a
dialysis technician, having failed to renew a nursing license or
dialysis technician certificate issued under this chapter, or while a
nursing license or dialysis technician certificate is under
suspension;

(3)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, a misdemeanor
committed in the course of practice;

(4)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, any felony or
of any crime involving gross immorality or moral turpitude;

(5)
Selling, giving away, or administering drugs or therapeutic devices
for other than legal and legitimate therapeutic purposes; or
conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, violating any
municipal, state, county, or federal drug law;

(6)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, an act in
another jurisdiction that would constitute a felony or a crime of
moral turpitude in Ohio;

(7)
Conviction of, a plea of guilty to, a judicial finding of guilt of, a
judicial finding of guilt resulting from a plea of no contest to, or
a judicial finding of eligibility for a pretrial diversion or similar
program or for intervention in lieu of conviction for, an act in the
course of practice in another jurisdiction that would constitute a
misdemeanor in Ohio;

(8)
Self-administering or otherwise taking into the body any dangerous
drug, as defined in section 4729.01 of the Revised Code, in any way
that is not in accordance with a legal, valid prescription issued for
that individual, or self-administering or otherwise taking into the
body any drug that is a schedule I controlled substance;

(9)
Habitual or excessive use of controlled substances, other
habit-forming drugs, or alcohol or other chemical substances to an
extent that impairs the individual's ability to provide safe nursing
care or safe dialysis care;

(10)
Impairment of the ability to practice according to acceptable and
prevailing standards of safe nursing care or safe dialysis care
because of the use of drugs, alcohol, or other chemical substances;

(11)
Impairment of the ability to practice according to acceptable and
prevailing standards of safe nursing care or safe dialysis care
because of a physical or mental disability;

(12)
Assaulting or causing harm to a patient or depriving a patient of the
means to summon assistance;

(13)
Misappropriation or attempted misappropriation of money or anything
of value in the course of practice;

(14)
Adjudication by a probate court of being mentally ill or mentally
incompetent. The board may reinstate the person's nursing license or
dialysis technician certificate upon adjudication by a probate court
of the person's restoration to competency or upon submission to the
board of other proof of competency.

(15)
The suspension or termination of employment by the United States
department of defense or department of veterans affairs for any act
that violates or would violate this chapter;

(16)
Violation of this chapter or any rules adopted under it;

(17)
Violation of any restrictions placed by the board on a nursing
license or dialysis technician certificate;

(18)
Failure to use universal and standard precautions established by
rules adopted under section 4723.07 of the Revised Code;

(19)
Failure to practice in accordance with acceptable and prevailing
standards of safe nursing care or safe dialysis care;

(20)
In the case of a registered nurse, engaging in activities that exceed
the practice of nursing as a registered nurse;

(21)
In the case of a licensed practical nurse, engaging in activities
that exceed the practice of nursing as a licensed practical nurse;

(22)
In the case of a dialysis technician, engaging in activities that
exceed those permitted under section 4723.72 of the Revised Code;

(23)
Aiding and abetting a person in that person's practice of nursing
without a license or practice as a dialysis technician without a
certificate issued under this chapter;

(24)
In the case of an advanced practice registered nurse, except as
provided in division (M) of this section, either of the following:

(a)
Waiving the payment of all or any part of a deductible or copayment
that a patient, pursuant to a health insurance or health care policy,
contract, or plan that covers such nursing services, would otherwise
be required to pay if the waiver is used as an enticement to a
patient or group of patients to receive health care services from
that provider;

(b)
Advertising that the nurse will waive the payment of all or any part
of a deductible or copayment that a patient, pursuant to a health
insurance or health care policy, contract, or plan that covers such
nursing services, would otherwise be required to pay.

(25)
Failure to comply with the terms and conditions of participation in
the safe haven program conducted under sections 4723.35 and 4723.351
of the Revised Code;

(26)
Failure to comply with the terms and conditions required under the
practice intervention and improvement program established under
section 4723.282 of the Revised Code;

(27)
In the case of an advanced practice registered nurse:

(a)
Engaging in activities that exceed those permitted for the nurse's
nursing specialty under section 4723.43 of the Revised Code;

(b)
Failure to meet the quality assurance standards established under
section 4723.07 of the Revised Code.

(28)
In the case of an advanced practice registered nurse other than a
certified registered nurse anesthetist, failure to maintain a
standard care arrangement in accordance with section 4723.431 of the
Revised Code or to practice in accordance with the standard care
arrangement;

(29)
In the case of an advanced practice registered nurse who is
designated as a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner, failure to prescribe drugs and
therapeutic devices in accordance with section 4723.481 of the
Revised Code;

(30)
Prescribing any drug or device to perform or induce an abortion, or
otherwise performing or inducing an abortion;

(31)
Failure to establish and maintain professional boundaries with a
patient, as specified in rules adopted under section 4723.07 of the
Revised Code;

(32)
Regardless of whether the contact or verbal behavior is consensual,
engaging with a patient other than the spouse of the registered
nurse, licensed practical nurse, or dialysis technician in any of the
following:

(a)
Sexual contact, as defined in section 2907.01 of the Revised Code;

(b)
Verbal behavior that is sexually demeaning to the patient or may be
reasonably interpreted by the patient as sexually demeaning.

(33)
Assisting suicide, as defined in section 3795.01 of the Revised Code;

(34)
Failure to comply with the requirements in section 3719.061 of the
Revised Code before issuing for a minor a prescription for an opioid
analgesic, as defined in section 3719.01 of the Revised Code;

(35)
Failure to comply with section 4723.487 of the Revised Code, unless
the state board of pharmacy no longer maintains a drug database
pursuant to section 4729.75 of the Revised Code;

(36)
The revocation, suspension, restriction, reduction, or termination of
clinical privileges by the United States department of defense or
department of veterans affairs or the termination or suspension of a
certificate of registration to prescribe drugs by the drug
enforcement administration of the United States department of
justice;

(37)
In the case of an advanced practice registered nurse who is
designated as a clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner, failure to comply with the terms of
a consult agreement entered into with a pharmacist pursuant to
section 4729.39 of the Revised Code;

(38)
Violation of section 4723.93 of the Revised Code.

(C)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication conducted
under Chapter 119. of the Revised Code, except that in lieu of a
hearing, the board may enter into a consent agreement with an
individual to resolve an allegation of a violation of this chapter or
any rule adopted under it. A consent agreement, when ratified by a
vote of a quorum, shall constitute the findings and order of the
board with respect to the matter addressed in the agreement. If the
board refuses to ratify a consent agreement, the admissions and
findings contained in the agreement shall be of no effect.

(D)
The hearings of the board shall be conducted in accordance with
Chapter 119. of the Revised Code, the board may appoint a hearing
examiner, as provided in section 119.09 of the Revised Code, to
conduct any hearing the board is authorized to hold under Chapter
119. of the Revised Code.

In
any instance in which the board is required under Chapter 119. of the
Revised Code to give notice of an opportunity for a hearing and the
applicant, licensee, or certificate holder does not make a timely
request for a hearing in accordance with section 119.07 of the
Revised Code, the board is not required to hold a hearing, but may
adopt, by a vote of a quorum, a final order that contains the board's
findings. In the final order, the board may order any of the
sanctions listed in division (A) or (B) of this section.

(E)
If a criminal action is brought against a registered nurse, licensed
practical nurse, or dialysis technician for an act or crime described
in divisions (B)(3) to (7) of this section and the action is
dismissed by the trial court other than on the merits, the board
shall conduct an adjudication to determine whether the registered
nurse, licensed practical nurse, or dialysis technician committed the
act on which the action was based. If the board determines on the
basis of the adjudication that the registered nurse, licensed
practical nurse, or dialysis technician committed the act, or if the
registered nurse, licensed practical nurse, or dialysis technician
fails to participate in the adjudication, the board may take action
as though the registered nurse, licensed practical nurse, or dialysis
technician had been convicted of the act.

If
the board takes action on the basis of a conviction, plea, or a
judicial finding as described in divisions (B)(3) to (7) of this
section that is overturned on appeal, the registered nurse, licensed
practical nurse, or dialysis technician may, on exhaustion of the
appeal process, petition the board for reconsideration of its action.
On receipt of the petition and supporting court documents, the board
shall temporarily rescind its action. If the board determines that
the decision on appeal was a decision on the merits, it shall
permanently rescind its action. If the board determines that the
decision on appeal was not a decision on the merits, it shall conduct
an adjudication to determine whether the registered nurse, licensed
practical nurse, or dialysis technician committed the act on which
the original conviction, plea, or judicial finding was based. If the
board determines on the basis of the adjudication that the registered
nurse, licensed practical nurse, or dialysis technician committed
such act, or if the registered nurse, licensed practical nurse, or
dialysis technician does not request an adjudication, the board shall
reinstate its action; otherwise, the board shall permanently rescind
its action.

Notwithstanding
the provision of division
(D)(2)
(C)(2)

of section 2953.32
,
division (D) of section 2953.321, division (C)(2) of section
2953.322, division (D) of section 2953.323,

or division (F)(1) of section 2953.39 of the Revised Code specifying
that if records pertaining to a criminal case are sealed or expunged
under that section the proceedings in the case shall be deemed not to
have occurred, sealing or expungement of the following records on
which the board has based an action under this section shall have no
effect on the board's action or any sanction imposed by the board
under this section: records of any conviction, guilty plea, judicial
finding of guilt resulting from a plea of no contest, or a judicial
finding of eligibility for a pretrial diversion program or
intervention in lieu of conviction.

The
board shall not be required to seal, destroy, redact, or otherwise
modify its records to reflect the court's sealing or expungement of
conviction records.

(F)
The board may investigate an individual's criminal background in
performing its duties under this section. As part of such
investigation, the board may order the individual to submit, at the
individual's expense, a request to the bureau of criminal
identification and investigation for a criminal records check and
check of federal bureau of investigation records in accordance with
the procedure described in section 4723.091 of the Revised Code.

(G)
During the course of an investigation conducted under this section,
the board may compel any registered nurse, licensed practical nurse,
or dialysis technician or applicant under this chapter to submit to a
mental or physical examination, or both, as required by the board and
at the expense of the individual, if the board finds reason to
believe that the individual under investigation may have a physical
or mental impairment that may affect the individual's ability to
provide safe nursing care.

The
board shall not compel an individual who has been referred to the
safe haven program as described in sections 4723.35 and 4723.351 of
the Revised Code to submit to a mental or physical examination.

Failure
of any individual to submit to a mental or physical examination when
directed constitutes an admission of the allegations, unless the
failure is due to circumstances beyond the individual's control, and
a default and final order may be entered without the taking of
testimony or presentation of evidence.

If
the board finds that an individual is impaired, the board shall
require the individual to submit to care, counseling, or treatment
approved or designated by the board, as a condition for initial,
continued, reinstated, or renewed authority to practice. The
individual shall be afforded an opportunity to demonstrate to the
board that the individual can begin or resume the individual's
occupation in compliance with acceptable and prevailing standards of
care under the provisions of the individual's authority to practice.

For
purposes of this division, any registered nurse, licensed practical
nurse, or dialysis technician or applicant under this chapter shall
be deemed to have given consent to submit to a mental or physical
examination when directed to do so in writing by the board, and to
have waived all objections to the admissibility of testimony or
examination reports that constitute a privileged communication.

(H)
The board shall investigate evidence that appears to show that any
person has violated any provision of this chapter or any rule of the
board. Any person may report to the board any information the person
may have that appears to show a violation of any provision of this
chapter or rule of the board. In the absence of bad faith, any person
who reports such information or who testifies before the board in any
adjudication conducted under Chapter 119. of the Revised Code shall
not be liable for civil damages as a result of the report or
testimony.

(I)
All of the following apply under this chapter with respect to the
confidentiality of information:

(1)
Information received by the board pursuant to a complaint or an
investigation is confidential and not subject to discovery in any
civil action, except that the board may disclose information to law
enforcement officers and government entities for purposes of an
investigation of either a licensed health care professional,
including a registered nurse, licensed practical nurse, or dialysis
technician, or a person who may have engaged in the unauthorized
practice of nursing or dialysis care. No law enforcement officer or
government entity with knowledge of any information disclosed by the
board pursuant to this division shall divulge the information to any
other person or government entity except for the purpose of a
government investigation, a prosecution, or an adjudication by a
court or government entity.

(2)
If an investigation requires a review of patient records, the
investigation and proceeding shall be conducted in such a manner as
to protect patient confidentiality.

(3)
All adjudications and investigations of the board shall be considered
civil actions for the purposes of section 2305.252 of the Revised
Code.

(4)
Any board activity that involves continued monitoring of an
individual as part of or following any disciplinary action taken
under this section shall be conducted in a manner that maintains the
individual's confidentiality. Information received or maintained by
the board with respect to the board's monitoring activities is not
subject to discovery in any civil action and is confidential, except
that the board may disclose information to law enforcement officers
and government entities for purposes of an investigation of a
licensee or certificate holder.

(J)
Any action taken by the board under this section resulting in a
suspension from practice shall be accompanied by a written statement
of the conditions under which the person may be reinstated to
practice.

(K)
When the board refuses to grant a license or certificate to an
applicant, revokes a license or certificate, or refuses to reinstate
a license or certificate, the board may specify that its action is
permanent. An individual subject to permanent action taken by the
board is forever ineligible to hold a license or certificate of the
type that was refused or revoked and the board shall not accept from
the individual an application for reinstatement of the license or
certificate or for a new license or certificate.

(L)
No unilateral surrender of a nursing license or dialysis technician
certificate issued under this chapter shall be effective unless
accepted by majority vote of the board. No application for a nursing
license or dialysis technician certificate issued under this chapter
may be withdrawn without a majority vote of the board. The board's
jurisdiction to take disciplinary action under this section is not
removed or limited when an individual has a license or certificate
classified as inactive or fails to renew a license or certificate.

(M)
Sanctions shall not be imposed under division (B)(24) of this section
against any licensee who waives deductibles and copayments as
follows:

(1)
In compliance with the health benefit plan that expressly allows such
a practice. Waiver of the deductibles or copayments shall be made
only with the full knowledge and consent of the plan purchaser,
payer, and third-party administrator. Documentation of the consent
shall be made available to the board upon request.

(2)
For professional services rendered to any other person licensed
pursuant to this chapter to the extent allowed by this chapter and
the rules of the board.

Sec.
4729.16.
(A)(1)
The state board of pharmacy, after notice and hearing in accordance
with Chapter 119. of the Revised Code, may impose any one or more of
the following sanctions on a pharmacist or pharmacy intern if the
board finds the individual engaged in any of the conduct set forth in
division (A)(2) of this section:

(a)
Revoke, suspend, restrict, limit, or refuse to grant or renew a
license;

(b)
Reprimand or place the license holder on probation;

(c)
Impose a monetary penalty or forfeiture not to exceed in severity any
fine designated under the Revised Code for a similar offense, or in
the case of a violation of a section of the Revised Code that does
not bear a penalty, a monetary penalty or forfeiture of not more than
five hundred dollars.

(2)
Except as provided in division (I) of this section, the board may
impose the sanctions listed in division (A)(1) of this section if the
board finds a pharmacist or pharmacy intern:

(a)
Has been convicted of a felony, or a crime of moral turpitude, as
defined in section 4776.10 of the Revised Code;

(b)
Engaged in dishonesty or unprofessional conduct in the practice of
pharmacy;

(c)
Is addicted to or abusing alcohol or drugs or is impaired physically
or mentally to such a degree as to render the pharmacist or pharmacy
intern unfit to practice pharmacy;

(d)
Has been convicted of a misdemeanor related to, or committed in, the
practice of pharmacy;

(e)
Violated, conspired to violate, attempted to violate, or aided and
abetted the violation of any of the provisions of this chapter,
sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or
3719. of the Revised Code, or any rule adopted by the board under
those provisions;

(f)
Permitted someone other than a pharmacist or pharmacy intern to
practice pharmacy;

(g)
Knowingly lent the pharmacist's or pharmacy intern's name to an
illegal practitioner of pharmacy or had a professional connection
with an illegal practitioner of pharmacy;

(h)
Divided or agreed to divide remuneration made in the practice of
pharmacy with any other individual, including, but not limited to,
any licensed health professional authorized to prescribe drugs or any
owner, manager, or employee of a health care facility, residential
care facility, or nursing home;

(i)
Violated the terms of a consult agreement entered into pursuant to
section 4729.39 of the Revised Code;

(j)
Committed fraud, misrepresentation, or deception in applying for or
securing a license issued by the board under this chapter or under
Chapter 3715. or 3719. of the Revised Code;

(k)
Failed to comply with an order of the board or a settlement
agreement;

(l)
Engaged in any other conduct for which the board may impose
discipline as set forth in rules adopted under section 4729.26 of the
Revised Code.

(B)
Any individual whose license is revoked, suspended, or refused, shall
return the license to the offices of the state board of pharmacy
within ten days after receipt of notice of such action.

(C)
As used in this section:

"Unprofessional
conduct in the practice of pharmacy" includes any of the
following:

(1)
Advertising or displaying signs that promote dangerous drugs to the
public in a manner that is false or misleading;

(2)
Except as provided in section 3715.50, 3715.502, 4729.281, or 4729.47
of the Revised Code, the dispensing or sale of any drug for which a
prescription is required, without having received a prescription for
the drug;

(3)
Knowingly dispensing medication pursuant to false or forged
prescriptions;

(4)
Knowingly failing to maintain complete and accurate records of all
dangerous drugs received or dispensed in compliance with federal laws
and regulations and state laws and rules;

(5)
Obtaining any remuneration by fraud, misrepresentation, or deception;

(6)
Failing to conform to prevailing standards of care of similar
pharmacists or pharmacy interns under the same or similar
circumstances, whether or not actual injury to a patient is
established;

(7)
Engaging in any other conduct that the board specifies as
unprofessional conduct in the practice of pharmacy in rules adopted
under section 4729.26 of the Revised Code.

(D)
The board may suspend a license under division (B) of section
3719.121 of the Revised Code by utilizing a telephone conference call
to review the allegations and take a vote.

(E)
For purposes of this division, an individual authorized to practice
as a pharmacist or pharmacy intern accepts the privilege of
practicing in this state subject to supervision by the board. By
filing an application for or holding a license to practice as a
pharmacist or pharmacy intern, an individual gives consent to submit
to a mental or physical examination when ordered to do so by the
board in writing and waives all objections to the admissibility of
testimony or examination reports that constitute privileged
communications.

If
the board has reasonable cause to believe that an individual who is a
pharmacist or pharmacy intern is physically or mentally impaired, the
board may require the individual to submit to a physical or mental
examination, or both. The expense of the examination is the
responsibility of the individual required to be examined.

Failure
of an individual who is a pharmacist or pharmacy intern to submit to
a physical or mental examination ordered by the board, unless the
failure is due to circumstances beyond the individual's control,
constitutes an admission of the allegations and a suspension order
shall be entered without the taking of testimony or presentation of
evidence. Any subsequent adjudication hearing under Chapter 119. of
the Revised Code concerning failure to submit to an examination is
limited to consideration of whether the failure was beyond the
individual's control.

If,
based on the results of an examination ordered under this division,
the board determines that the individual's ability to practice is
impaired, the board shall suspend the individual's license or deny
the individual's application and shall require the individual, as a
condition for an initial, continued, reinstated, or renewed license
to practice, to submit to a physical or mental examination and
treatment.

An
order of suspension issued under this division shall not be subject
to suspension by a court during pendency of any appeal filed under
section 119.12 of the Revised Code.

(F)
If the board is required under Chapter 119. of the Revised Code to
give notice of an opportunity for a hearing and the applicant or
licensee does not make a timely request for a hearing in accordance
with section 119.07 of the Revised Code, the board is not required to
hold a hearing, but may adopt a final order that contains the board's
findings. In the final order, the board may impose any of the
sanctions listed in division (A) of this section.

(G)
Notwithstanding the provision of division
(D)(2)
(C)(2)

of section 2953.32
,
division (D) of section 2953.321, division (C)(2) of section
2953.322, division (D) of section 2953.323,

or division (F)(1) of section 2953.39 of the Revised Code specifying
that if records pertaining to a criminal case are sealed or expunged
under that section the proceedings in the case must be deemed not to
have occurred, sealing or expungement of the following records on
which the board has based an action under this section shall have no
effect on the board's action or any sanction imposed by the board
under this section: records of any conviction, guilty plea, judicial
finding of guilt resulting from a plea of no contest, or a judicial
finding of eligibility for a pretrial diversion program or
intervention in lieu of conviction. The board shall not be required
to seal, destroy, redact, or otherwise modify its records to reflect
the court's sealing or expungement of conviction records.

(H)
No pharmacist or pharmacy intern shall knowingly engage in any
conduct described in divisions (A)(2)(b) or (A)(2)(e) to (l) of this
section.

(I)
The board shall not refuse to issue a license to an applicant for a
conviction of an offense unless the refusal is in accordance with
section 9.79 of the Revised Code.

Sec.
4729.56.
(A)(1)
The state board of pharmacy, in accordance with Chapter 119. of the
Revised Code, may impose any one or more of the following sanctions
on a person licensed under division (B)(1)(a) of section 4729.52 of
the Revised Code for any of the causes set forth in division (A)(2)
of this section:

(a)
Suspend, revoke, restrict, limit, or refuse to grant or renew a
license;

(b)
Reprimand or place the license holder on probation;

(c)
Impose a monetary penalty or forfeiture not to exceed in severity any
fine designated under the Revised Code for a similar offense or two
thousand five hundred dollars if the acts committed are not
classified as an offense by the Revised Code;

(2)
The board may impose the sanctions set forth in division (A)(1) of
this section for any of the following:

(a)
Making any false material statements in an application for licensure
under section 4729.52 of the Revised Code;

(b)
Violating any federal, state, or local drug law; any provision of
this chapter or Chapter 2925., 3715., or 3719. of the Revised Code;
or any rule of the board;

(c)
A conviction of a felony;

(d)
Failing to satisfy the qualifications for licensure under section
4729.53 of the Revised Code or the rules of the board or ceasing to
satisfy the qualifications after the registration is granted or
renewed;

(e)
Falsely or fraudulently promoting to the public a drug that is a
controlled substance included in schedule I, II, III, IV, or V,
except that nothing in this division prohibits a manufacturer,
outsourcing facility, third-party logistics provider, repackager, or
wholesale distributor of dangerous drugs from furnishing information
concerning a controlled substance to a health care provider or
licensed terminal distributor;

(f)
Violating any provision of the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C. 301, or Chapter 3715. of
the Revised Code;

(g)
Any other cause for which the board may impose sanctions as set forth
in rules adopted under section 4729.26 of the Revised Code.

(B)
Upon the suspension or revocation of any license identified in
division (B)(1)(a) of section 4729.52 of the Revised Code, the
licensee shall immediately surrender the license to the board.

(C)
If the board suspends, revokes, or refuses to renew any license
identified in division (B)(1)(a) of section 4729.52 of the Revised
Code and determines that there is clear and convincing evidence of a
danger of immediate and serious harm to any person, the board may
place under seal all dangerous drugs owned by or in the possession,
custody, or control of the affected licensee. Except as provided in
this division, the board shall not dispose of the dangerous drugs
sealed under this division until the licensee exhausts all of the
licensee's appeal rights under Chapter 119. of the Revised Code. The
court involved in such an appeal may order the board, during the
pendency of the appeal, to sell sealed dangerous drugs that are
perishable. The board shall deposit the proceeds of the sale with the
court.

(D)
If the board is required under Chapter 119. of the Revised Code to
give notice of an opportunity for a hearing and the license holder
does not make a timely request for a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt a final order that contains the board's
findings. In the final order, the board may impose any of the
sanctions listed in division (A) of this section.

(E)
Notwithstanding division
(D)(2)
(C)(2)

of section 2953.32
,
division (D) of section 2953.321, division (C)(2) of section
2953.322, division (D) of section 2953.323,

or division (F)(1) of section 2953.39 of the Revised Code specifying
that if records pertaining to a criminal case are sealed or expunged
under that section the proceedings in the case must be deemed not to
have occurred, sealing or expungement of the following records on
which the board has based an action under this section shall have no
effect on the board's action or any sanction imposed by the board
under this section: records of any conviction, guilty plea, judicial
finding of guilt resulting from a plea of no contest, or a judicial
finding of eligibility for a pretrial diversion program or
intervention in lieu of conviction. The board is not required to
seal, destroy, redact, or otherwise modify its records to reflect the
court's sealing or expungement of conviction records.

Sec.
4729.57.
(A)
The state board of pharmacy may after notice and a hearing in
accordance with Chapter 119. of the Revised Code, impose any one or
more of the following sanctions on a terminal distributor of
dangerous drugs for any of the causes set forth in division (B) of
this section:

(1)
Suspend, revoke, restrict, limit, or refuse to grant or renew any
license;

(2)
Reprimand or place the license holder on probation;

(3)
Impose a monetary penalty or forfeiture not to exceed in severity any
fine designated under the Revised Code for a similar offense or one
thousand dollars if the acts committed have not been classified as an
offense by the Revised Code.

(B)
The board may impose the sanctions listed in division (A) of this
section for any of the following:

(1)
Making any false material statements in an application for a license
as a terminal distributor of dangerous drugs;

(2)
Violating any rule of the board;

(3)
Violating any provision of this chapter;

(4)
Except as provided in section 4729.89 of the Revised Code, violating
any provision of the "Federal Food, Drug, and Cosmetic Act,"
52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter 3715. of the
Revised Code;

(5)
Violating any provision of the federal drug abuse control laws or
Chapter 2925. or 3719. of the Revised Code;

(6)
Falsely or fraudulently promoting to the public a dangerous drug,
except that nothing in this division prohibits a terminal distributor
of dangerous drugs from furnishing information concerning a dangerous
drug to a health care provider or another licensed terminal
distributor;

(7)
Ceasing to satisfy the qualifications of a terminal distributor of
dangerous drugs set forth in section 4729.55 of the Revised Code;

(8)
Except as provided in division (C) of this section:

(a)
Waiving the payment of all or any part of a deductible or copayment
that an individual, pursuant to a health insurance or health care
policy, contract, or plan that covers the services provided by a
terminal distributor of dangerous drugs, would otherwise be required
to pay for the services if the waiver is used as an enticement to a
patient or group of patients to receive pharmacy services from that
terminal distributor;

(b)
Advertising that the terminal distributor will waive the payment of
all or any part of a deductible or copayment that an individual,
pursuant to a health insurance or health care policy, contract, or
plan that covers the pharmaceutical services, would otherwise be
required to pay for the services.

(9)
Conviction of a felony;

(10)
Any other cause for which the board may impose discipline as set
forth in rules adopted under section 4729.26 of the Revised Code.

(C)
Sanctions shall not be imposed under division (B)(8) of this section
against any terminal distributor of dangerous drugs that waives
deductibles and copayments as follows:

(1)
In compliance with a health benefit plan that expressly allows such a
practice. Waiver of the deductibles or copayments shall be made only
with the full knowledge and consent of the plan purchaser, payer, and
third-party administrator. Documentation of the consent shall be made
available to the board on request.

(2)
For professional services rendered to any other person licensed
pursuant to this chapter to the extent allowed by this chapter and
the rules of the board.

(D)(1)
Upon the suspension or revocation of a license issued to a terminal
distributor of dangerous drugs or the refusal by the board to renew
such a license, the distributor shall immediately surrender the
license to the board.

(2)(a)
The board may place under seal all dangerous drugs that are owned by
or in the possession, custody, or control of a terminal distributor
at the time the license is suspended or revoked or at the time the
board refuses to renew the license. Except as provided in division
(D)(2)(b) of this section, dangerous drugs so sealed shall not be
disposed of until appeal rights under Chapter 119. of the Revised
Code have expired or an appeal filed pursuant to that chapter has
been determined.

(b)
The court involved in an appeal filed pursuant to Chapter 119. of the
Revised Code may order the board, during the pendency of the appeal,
to sell sealed dangerous drugs that are perishable. The proceeds of
such a sale shall be deposited with that court.

(E)
If the board is required under Chapter 119. of the Revised Code to
give notice of an opportunity for a hearing and the license holder
does not make a timely request for a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt a final order that contains the board's
findings. In the final order, the board may impose any of the
sanctions listed in division (A) of this section.

(F)
Notwithstanding division
(D)(2)
(C)(2)

of section 2953.32
,
division (D) of section 2953.321,

division
(C)(2) of section 2953.322, division (D) of section 2953.323,
or
division (F)(1) of section 2953.39 of the Revised Code specifying
that if records pertaining to a criminal case are sealed or expunged
under that section the proceedings in the case must be deemed not to
have occurred, sealing or expungement of the following records on
which the board has based an action under this section shall have no
effect on the board's action or any sanction imposed by the board
under this section: records of any conviction, guilty plea, judicial
finding of guilt resulting from a plea of no contest, or a judicial
finding of eligibility for a pretrial diversion program or
intervention in lieu of conviction. The board is not required to
seal, destroy, redact, or otherwise modify its records to reflect the
court's sealing or expungement of conviction records.

Sec.
4729.96.
(A)(1)
The state board of pharmacy, after notice and hearing in accordance
with Chapter 119. of the Revised Code, may impose one or more of the
following sanctions on a pharmacy technician trainee, registered
pharmacy technician, or certified pharmacy technician if the board
finds the individual engaged in any of the conduct set forth in
division (A)(2) of this section:

(a)
Revoke, suspend, restrict, limit, or refuse to grant or renew a
registration;

(b)
Reprimand or place the holder of the registration on probation;

(c)
Impose a monetary penalty or forfeiture not to exceed in severity any
fine designated under the Revised Code for a similar offense, or in
the case of a violation of a section of the Revised Code that does
not bear a penalty, a monetary penalty or forfeiture of not more than
five hundred dollars.

(2)
Except as provided in division (G) of this section, the board may
impose the sanctions listed in division (A)(1) of this section if the
board finds a pharmacy technician trainee, registered pharmacy
technician, or certified pharmacy technician:

(a)
Has been convicted of a felony, or a crime of moral turpitude, as
defined in section 4776.10 of the Revised Code;

(b)
Engaged in dishonesty or unprofessional conduct, as prescribed in
rules adopted by the board under section 4729.94 of the Revised Code;

(c)
Is addicted to or abusing alcohol or drugs or impaired physically or
mentally to such a degree as to render the individual unable to
perform the individual's duties;

(d)
Violated, conspired to violate, attempted to violate, or aided and
abetted the violation of any of the provisions of this chapter,
sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or
3719. of the Revised Code, or any rule adopted by the board under
those provisions;

(e)
Committed fraud, misrepresentation, or deception in applying for or
securing a registration issued by the board under this chapter;

(f)
Failed to comply with an order of the board or a settlement
agreement;

(g)
Engaged in any other conduct for which the board may impose
discipline as set forth in rules adopted by the board under section
4729.94 of the Revised Code.

(B)
The board may suspend a registration under division (B) of section
3719.121 of the Revised Code by utilizing a telephone conference call
to review the allegations and take a vote.

(C)
For purposes of this division, an individual authorized to practice
as a pharmacy technician trainee, registered pharmacy technician, or
certified pharmacy technician accepts the privilege of practicing in
this state subject to supervision by the board. By filing an
application for or holding a registration under this chapter, the
individual gives consent to submit to a mental or physical
examination when ordered to do so by the board in writing and waives
all objections to the admissibility of testimony or examination
reports that constitute privileged communications.

If
the board has reasonable cause to believe that an individual who is a
pharmacy technician trainee, registered pharmacy technician, or
certified pharmacy technician is physically or mentally impaired, the
board may require the individual to submit to a physical or mental
examination, or both. The expense of the examination is the
responsibility of the individual required to be examined.

Failure
of an individual who is a pharmacy technician trainee, registered
pharmacy technician, or certified pharmacy technician to submit to a
physical or mental examination ordered by the board, unless the
failure is due to circumstances beyond the individual's control,
constitutes an admission of the allegations and a suspension order
shall be entered without the taking of testimony or presentation of
evidence. Any subsequent adjudication hearing under Chapter 119. of
the Revised Code concerning failure to submit to an examination is
limited to consideration of whether the failure was beyond the
individual's control.

If,
based on the results of an examination ordered under this division,
the board determines that the individual's ability to practice is
impaired, the board shall suspend the individual's registration or
deny the individual's application and shall require the individual,
as a condition for an initial, continued, reinstated, or renewed
registration to practice, to submit to a physical or mental
examination and treatment.

An
order of suspension issued under this division shall not be subject
to suspension by a court during pendency of any appeal filed under
section 119.12 of the Revised Code.

(D)
If the board is required under Chapter 119. of the Revised Code to
give notice of an opportunity for a hearing and the applicant or
registrant does not make a timely request for a hearing in accordance
with section 119.07 of the Revised Code, the board is not required to
hold a hearing, but may adopt a final order that contains the board's
findings. In the final order, the board may impose any of the
sanctions listed in division (A) of this section.

(E)
Notwithstanding the provision of division
(D)(2)
(C)(2)

of section 2953.32
,
division (D) of section 2953.321,

division
(C)(2) of section 2953.322, division (D) of section 2953.323,
or
division (F)(1) of section 2953.39 of the Revised Code specifying
that if records pertaining to a criminal case are sealed or expunged
under that section the proceedings in the case must be deemed not to
have occurred, sealing or expungement of the following records on
which the board has based an action under this section shall have no
effect on the board's action or any sanction imposed by the board
under this section: records of any conviction, guilty plea, judicial
finding of guilt resulting from a plea of no contest, or a judicial
finding of eligibility for a pretrial diversion program or
intervention in lieu of conviction. The board shall not be required
to seal, destroy, redact, or otherwise modify its records to reflect
the court's sealing or expungement of conviction records.

(F)
No pharmacy technician trainee, registered pharmacy technician, or
certified pharmacy technician shall knowingly engage in any conduct
described in divisions (A)(2)(b) or (A)(2)(d) to (g) of this section.

(G)
The board shall not refuse to issue a registration to an applicant
because of a conviction of an offense unless the refusal is in
accordance with section 9.79 of the Revised Code.

Sec.
4752.09.
(A)
The state board of pharmacy may, in accordance with Chapter 119. of
the Revised Code, impose any one or more of the following sanctions
on an applicant for a license or certificate of registration issued
under this chapter or a license or certificate holder for any of the
causes set forth in division (B) of this section:

(1)
Suspend, revoke, restrict, limit, or refuse to grant or renew a
license or certificate of registration;

(2)
Reprimand or place the license or certificate holder on probation;

(3)
Impose a monetary penalty or forfeiture not to exceed in severity any
fine designated under the Revised Code for a similar offense or not
more than five thousand dollars if the acts committed are not
classified as an offense by the Revised Code.

(B)
The board may impose the sanctions listed in division (A) of this
section for any of the following:

(1)
Violation of any provision of this chapter or an order or rule of the
board, as those provisions, orders, or rules are applicable to
persons licensed under this chapter;

(2)
A plea of guilty to or a judicial finding of guilt of a felony or a
misdemeanor that involves dishonesty or is directly related to the
provision of home medical equipment services;

(3)
Making a material misstatement in furnishing information to the
board;

(4)
Professional incompetence;

(5)
Being guilty of negligence or gross misconduct in providing home
medical equipment services;

(6)
Aiding, assisting, or willfully permitting another person to violate
any provision of this chapter or an order or rule of the board, as
those provisions, orders, or rules are applicable to persons licensed
under this chapter;

(7)
Failing to provide information in response to a written request by
the board;

(8)
Engaging in conduct likely to deceive, defraud, or harm the public;

(9)
Denial, revocation, suspension, or restriction of a license to
provide home medical equipment services, for any reason other than
failure to renew, in another state or jurisdiction;

(10)
Directly or indirectly giving to or receiving from any person a fee,
commission, rebate, or other form of compensation for services not
rendered;

(11)
Knowingly making or filing false records, reports, or billings in the
course of providing home medical equipment services, including false
records, reports, or billings prepared for or submitted to state and
federal agencies or departments;

(12)
Failing to comply with federal rules issued pursuant to the medicare
program established under Title XVIII of the "Social Security
Act," 49 Stat. 620(1935), 42 U.S.C. 1395, as amended, relating
to operations, financial transactions, and general business practices
of home medical services providers;

(13)
Any other cause for which the board may impose sanctions as set forth
in rules adopted under section 4752.17 of the Revised Code.

(C)
Notwithstanding any provision of divisions (A) and (B) of this
section to the contrary, the board shall not refuse to issue a
license or certificate of registration to an applicant because of a
plea of guilty to or a judicial finding of guilt of an offense unless
the refusal is in accordance with section 9.79 of the Revised Code.

(D)
The state board of pharmacy immediately may suspend a license without
a hearing if it determines that there is evidence that the license
holder is subject to actions under this section and that there is
clear and convincing evidence that continued operation by the license
holder presents an immediate and serious harm to the public. The
board shall follow the procedure for suspension without a prior
hearing in section 119.07 of the Revised Code. The board may vote on
the suspension by way of a telephone conference call.

A
suspension under this division shall remain in effect, unless
reversed by the board, until a final adjudication order issued by the
board pursuant to this section and Chapter 119. of the Revised Code
becomes effective. The board shall issue its final adjudication order
not later than ninety days after completion of the hearing. The
board's failure to issue the order by that day shall cause the
summary suspension to end, but shall not affect the validity of any
subsequent final adjudication order.

(E)
If the board is required under Chapter 119. of the Revised Code to
give notice of an opportunity for a hearing and the applicant or
license or certificate holder does not make a timely request for a
hearing in accordance with section 119.07 of the Revised Code, the
board is not required to hold a hearing, but may adopt a final order
that contains the board's findings. In the final order, the board may
impose any of the sanctions listed in division (A) of this section.

(F)
Notwithstanding the provision of division
(D)(2)
(C)(2)

of section 2953.32
,
division (D) of section 2953.321,

division
(C)(2) of section 2953.322, division (D) of section 2953.323,
or
division (F)(1) of section 2953.39 of the Revised Code specifying
that if records pertaining to a criminal case are sealed or expunged
under that section the proceedings in the case must be deemed not to
have occurred, sealing or expungement of the following records on
which the board has based an action under this section shall have no
effect on the board's action or any sanction imposed by the board
under this section: records of any conviction, guilty plea, judicial
finding of guilt resulting from a plea of no contest, or a judicial
finding of eligibility for a pretrial diversion program or
intervention in lieu of conviction. The board shall not be required
to seal, destroy, redact, or otherwise modify its records to reflect
the court's sealing or expungement of conviction records.

Sec.
5120.035.
(A)
As used in this section:

(1)
"Community treatment provider" means a program that
provides substance use disorder assessment and treatment for persons
and that satisfies all of the following:

(a)
It is located outside of a state correctional institution.

(b)
It shall provide the assessment and treatment for qualified prisoners
referred and transferred to it under this section in a suitable
facility that is licensed pursuant to division (C) of section 2967.14
of the Revised Code.

(c)
All qualified prisoners referred and transferred to it under this
section shall reside initially in the suitable facility specified in
division (A)(1)(b) of this section while undergoing the assessment
and treatment.

(2)
"Electronic monitoring device" has the same meaning as in
section 2929.01 of the Revised Code.

(3)
"State correctional institution" has the same meaning as in
section 2967.01 of the Revised Code.

(4)
"Qualified prisoner" means a person who satisfies all of
the following:

(a)
The person is confined in a state correctional institution under a
prison term imposed for a felony of the third, fourth, or fifth
degree that is not an offense of violence.

(b)
The department of rehabilitation and correction determines, using a
standardized assessment tool, that the person has a substance use
disorder.

(c)
The person has not more than twelve months remaining to be served
under the prison term described in division (A)(4)(a) of this
section.

(d)
The person is not serving any prison term other than the term
described in division (A)(4)(a) of this section.

(e)
The person is eighteen years of age or older.

(f)
The person does not show signs of drug or alcohol withdrawal and does
not require medical detoxification.

(g)
As determined by the department of rehabilitation and correction, the
person is physically and mentally capable of uninterrupted
participation in the substance use disorder treatment program
established under division (B) of this section.

(B)
The department of rehabilitation and correction shall establish and
operate a program for community-based substance use disorder
treatment for qualified prisoners. The purpose of the program shall
be to provide substance use disorder assessment and treatment through
community treatment providers to help reduce substance use relapses
and recidivism for qualified prisoners while preparing them for
reentry into the community and improving public safety.

(C)(1)
The department shall determine which qualified prisoners in its
custody should be placed in the substance use disorder treatment
program established under division (B) of this section. The
department has full discretion in making that determination. If the
department determines that a qualified prisoner should be placed in
the program, the department may refer the prisoner to a community
treatment provider the department has approved under division (E) of
this section for participation in the program and transfer the
prisoner from the state correctional institution to the provider's
approved and licensed facility. Except as otherwise provided in
division (C)(3) of this section, no prisoner shall be placed under
the program in any facility other than a facility of a community
treatment provider that has been so approved. If the department
places a prisoner in the program, the prisoner shall receive credit
against the prisoner's prison term for all time served in the
provider's approved and licensed facility and may earn days of credit
under section 2967.193 or 2967.194 of the Revised Code, but otherwise
neither the placement nor the prisoner's participation in or
completion of the program shall result in any reduction of the
prisoner's prison term.

(2)
If the department places a prisoner in the substance use disorder
treatment program, the prisoner does not satisfactorily participate
in the program, and the prisoner has not served the prisoner's entire
prison term, the department may remove the prisoner from the program
and return the prisoner to a state correctional institution.

(3)
If the department places a prisoner in the substance use disorder
treatment program and the prisoner is satisfactorily participating in
the program, the department may permit the prisoner to reside at a
residence approved by the department if the department determines,
with input from the community treatment provider, that residing at
the approved residence will help the prisoner prepare for reentry
into the community and will help reduce substance use relapses and
recidivism for the prisoner. If a prisoner is permitted under this
division to reside at a residence approved by the department, the
prisoner shall be monitored during the period of that residence by an
electronic monitoring device.

(D)(1)
When a prisoner has been placed in the substance use disorder
treatment program established under division (B) of this section,
before the prisoner is released from custody of the department upon
completion of the prisoner's prison term, the department shall
conduct and prepare an evaluation of the prisoner, the prisoner's
participation in the program, and the prisoner's needs regarding
substance use disorder treatment upon release. Before the prisoner is
released from custody of the department upon completion of the
prisoner's prison term, the parole board or the court acting pursuant
to an agreement under section 2967.29 of the Revised Code shall
consider the evaluation, in addition to all other information and
materials considered, as follows:

(a)
If the prisoner is a prisoner for whom post-release control is
mandatory under section 2967.28 of the Revised Code, the board or
court shall consider it in determining which post-release control
sanction or sanctions to impose upon the prisoner under that section.

(b)
If the prisoner is a prisoner for whom post-release control is not
mandatory under section 2967.28 of the Revised Code, the board or
court shall consider it in determining whether a post-release control
sanction is necessary and, if so, which post-release control sanction
or sanctions to impose upon the prisoner under that section.

(2)
If the department determines that a prisoner it placed in the
substance use disorder treatment program successfully completed the
program and successfully completed a term of post-release control, if
applicable, and if the prisoner submits an application under section
2953.32
,
2953.322, or 2953.323 of the Revised Code

or the prosecutor in the case submits an application under section
2953.39 of the Revised Code for sealing or expungement of the record
of the conviction, the director may issue a letter to the court in
support of the application.

(E)(1)
The department shall accept applications from community treatment
providers that satisfy the requirement specified in division (E)(2)
of this section and that wish to participate in the substance use
disorder treatment program established under division (B) of this
section, and shall approve for participation in the program at least
four and not more than eight of the providers that apply. To the
extent feasible, the department shall approve one or more providers
from each geographical quadrant of the state.

(2)
Each community treatment provider that applies under division (E)(1)
of this section to participate in the program shall have the
provider's alcohol and drug addiction services that provide substance
use disorder treatment certified by the department of mental health
and addiction services under section 5119.36 of the Revised Code. A
community treatment provider is not required to have the provider's
halfway house or residential treatment certified by the department of
mental health and addiction services.

(F)
The department of rehabilitation and correction shall adopt rules for
the operation of the substance use disorder treatment program it
establishes under division (B) of this section and shall operate the
program in accordance with this section and those rules. The rules
shall establish, at a minimum, all of the following:

(1)
Criteria that establish which qualified prisoners are eligible for
the program;

(2)
Criteria that must be satisfied to transfer a qualified prisoner to a
residence pursuant to division (C)(3) of this section;

(3)
Criteria for the removal of a prisoner from the program pursuant to
division (C)(2) of this section;

(4)
Criteria for determining when an offender has successfully completed
the program for purposes of division (D)(2) of this section;

(5)
Criteria for community treatment providers to provide assessment and
treatment, including minimum standards for treatment.

Section
2.
That
existing sections
109.11,

109.57,
109.572, 109.578, 109.579, 2151.357
,
2746.02
,
2901.08, 2923.125, 2923.13, 2923.14, 2929.01, 2929.13, 2929.14
,
2929.34, 2930.171
,
2941.141, 2941.144, 2941.145, 2941.146
,
2951.041
,
2953.25, 2953.26
,
2953.31
,
2953.32, 2953.34
,
2953.39
,
2953.61, 4723.28, 4729.16, 4729.56, 4729.57, 4729.96, 4752.09
,
and 5120.035

of the Revised Code are hereby repealed.

Section
3.
This
act shall be known as the Repeat Offender Act.

Section
4.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
2746.02 of the Revised Code as amended by both H.B. 281 and S.B. 288
of the 134th General Assembly.

Section
2923.125 of the Revised Code as amended by both H.B. 281 and S.B. 288
of the 134th General Assembly.

Section
2929.14 of the Revised Code as amended by both H.B. 56 and S.B. 106
of the 135th General Assembly.

Section
2930.171 of the Revised Code as amended by both H.B. 33 and S.B. 16
of the 135th General Assembly.

Section
4729.16 of the Revised Code as amended by H.B. 558 and S.B. 288, both
of the 134th General Assembly.