Align and modernize fingerprinting and disposition reporting

hb689_02_PH

As Passed by the House

136th
General Assembly

Regular
Session
Sub. H. B. No. 689

2025-2026

Representative White, A.

Cosponsors: Representatives Abrams,
Willis, Brennan, Dovilla, Grim, Hall, T., Jarrells, Lampton, LaRe,
Lett, Manning, Miller, J., Odioso, Oelslager, Ray, Robb Blasdel,
Rogers, Russo, Sigrist, Troy, Williams, Young

To
amend sections 109.57
,
109.573
,
109.60, 2953.32, and 5122.311 of the Revised Code and to amend
Section 221.40 of H.B. 96 of the 136th General Assembly
,

as subsequently
amended,

to
align and modernize fingerprinting and disposition reporting, and to
allow disclosure of information related to actions to determine
paternity.

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

Section
1.
That
sections 109.57
,
109.573
,
109.60, 2953.32, and 5122.311 of the Revised Code be amended to read
as follows:

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,
or
an offense for which the person was arrested,
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 an offense for which the person was arrested if the person was not
previously fingerprinted for that offense,

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

electronically
submit in the manner prescribed by the superintendent of the bureau

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,
involving
a case where a person was fingerprinted upon arrest and charged,
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
submitted
in the form and manner prescribed
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

assigned to the person or child at the time of being fingerprinted
;

(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)
(3)(a)

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 shall prepare, maintain, and publish an accurate list
of offenses reportable under division (A)(2) of this section, and
provide training regarding the proper methods of reporting
fingerprints and dispositions to the bureau.

(b)

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 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 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 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.
109.573.
(A)
As used in this section:

(1)
"DNA" means human deoxyribonucleic acid.

(2)
"DNA analysis" means a laboratory analysis of a DNA
specimen to identify DNA characteristics and to create a DNA record.

(3)
"DNA database" means a collection of DNA records from
forensic casework or from crime scenes, specimens from anonymous and
unidentified sources, and records collected pursuant to sections
2152.74 and 2901.07 of the Revised Code and a population statistics
database for determining the frequency of occurrence of
characteristics in DNA records.

(4)
"DNA record" means the objective result of a DNA analysis
of a DNA specimen, including representations of DNA fragment lengths,
digital images of autoradiographs, discrete allele assignment
numbers, and other DNA specimen characteristics that aid in
establishing the identity of an individual.

(5)
"DNA specimen" includes human blood cells or physiological
tissues or body fluids.

(6)
"Unidentified person database" means a collection of DNA
records, and, on and after May 21, 1998, of fingerprint and
photograph records, of unidentified human corpses, human remains, or
living individuals.

(7)
"Relatives of missing persons database" means a collection
of DNA records of persons related by consanguinity to a missing
person.

(8)
"Law enforcement agency" means a police department, the
office of a sheriff, the state highway patrol, a county prosecuting
attorney, or a federal, state, or local governmental body that
enforces criminal laws and that has employees who have a statutory
power of arrest.

(9)
"Administration of criminal justice" means the performance
of detection, apprehension, detention, pretrial release, post-trial
release, prosecution, adjudication, correctional supervision, or
rehabilitation of accused persons or criminal offenders.
"Administration of criminal justice" also includes criminal
identification activities and the collection, storage, and
dissemination of criminal history record information.

(B)(1)
The superintendent of the bureau of criminal identification and
investigation may do all of the following:

(a)
Establish and maintain a state DNA laboratory to perform DNA analyses
of DNA specimens;

(b)
Establish and maintain a DNA database;

(c)
Establish and maintain an unidentified person database to aid in the
establishment of the identity of unknown human corpses, human
remains, or living individuals;

(d)
Establish and maintain a relatives of missing persons database for
comparison with the unidentified person database to aid in the
establishment of the identity of unknown human corpses, human
remains, and living individuals.

(2)
If the bureau of criminal identification and investigation
establishes and maintains a DNA laboratory and a DNA database, the
bureau may use or disclose information regarding DNA records for the
following purposes:

(a)
The bureau may disclose information to a law enforcement agency for
the administration of criminal justice.

(b)
The bureau shall disclose pursuant to a court order issued
under
section 3111.09 of the Revised Code
in
any action to determine paternity
any
information necessary to determine the existence of a parent and
child relationship

in an action brought under sections 3111.01 to 3111.18 of the Revised
Code
.

(c)
The bureau may use or disclose information from the population
statistics database for identification research and protocol
development or for quality control purposes.

(3)
If the bureau of criminal identification and investigation
establishes and maintains a relatives of missing persons database,
all of the following apply:

(a)
If a person has disappeared and has been continuously absent from the
person's place of last domicile for a thirty-day or longer period of
time without being heard from during the period, persons related by
consanguinity to the missing person may submit to the bureau a DNA
specimen, the bureau may include the DNA record of the specimen in
the relatives of missing persons database, and, if the bureau does
not include the DNA record of the specimen in the relatives of
missing persons database, the bureau shall retain the DNA record for
future reference and inclusion as appropriate in that database.

(b)
The bureau shall not charge a fee for the submission of a DNA
specimen pursuant to division (B)(3)(a) of this section.

(c)
If the DNA specimen submitted pursuant to division (B)(3)(a) of this
section is collected by withdrawing blood from the person or a
similarly invasive procedure, a physician, registered nurse, licensed
practical nurse, duly licensed clinical laboratory technician, or
other qualified medical practitioner shall conduct the collection
procedure for the DNA specimen submitted pursuant to division
(B)(3)(a) of this section and shall collect the DNA specimen in a
medically approved manner. If the DNA specimen is collected by
swabbing for buccal cells or a similarly noninvasive procedure,
division (B)(3)(c) of this section does not require that the DNA
specimen be collected by a qualified medical practitioner of that
nature. No later than fifteen days after the date of the collection
of the DNA specimen, the person conducting the DNA specimen
collection procedure shall cause the DNA specimen to be forwarded to
the bureau of criminal identification and investigation in accordance
with procedures established by the superintendent of the bureau under
division (H) of this section. The bureau may provide the specimen
vials, mailing tubes, labels, postage, and instruction needed for the
collection and forwarding of the DNA specimen to the bureau.

(d)
The superintendent, in the superintendent's discretion, may compare
DNA records in the relatives of missing persons database with the DNA
records in the unidentified person database.

(4)
If the bureau of criminal identification and investigation
establishes and maintains an unidentified person database and if the
superintendent of the bureau identifies a matching DNA record for the
DNA record of a person or deceased person whose DNA record is
contained in the unidentified person database, the superintendent
shall inform the coroner who submitted or the law enforcement agency
that submitted the DNA specimen to the bureau of the match and, if
possible, of the identity of the unidentified person.

(5)
The bureau of criminal identification and investigation may enter
into a contract with a qualified public or private laboratory to
perform DNA analyses, DNA specimen maintenance, preservation, and
storage, DNA record keeping, and other duties required of the bureau
under this section. A public or private laboratory under contract
with the bureau shall follow quality assurance and privacy
requirements established by the superintendent of the bureau.

(C)
The superintendent of the bureau of criminal identification and
investigation shall establish procedures for entering into the DNA
database the DNA records submitted pursuant to sections 2152.74 and
2901.07 of the Revised Code and for determining an order of priority
for entry of the DNA records based on the types of offenses committed
by the persons whose records are submitted and the available
resources of the bureau.

(D)
When a DNA record is derived from a DNA specimen provided pursuant to
section 2152.74 or 2901.07 of the Revised Code, the bureau of
criminal identification and investigation shall attach to the DNA
record personal identification information that identifies the person
from whom the DNA specimen was taken. The personal identification
information may include the subject person's fingerprints and any
other information the bureau determines necessary. The DNA record and
personal identification information attached to it shall be used only
for the purpose of personal identification or for a purpose specified
in this section.

(E)
DNA records, DNA specimens, fingerprints, and photographs that the
bureau of criminal identification and investigation receives pursuant
to this section and sections 313.08, 2152.74, 2901.07, and 2933.82 of
the Revised Code and personal identification information attached to
a DNA record are not public records under section 149.43 of the
Revised Code.

(F)
The bureau of criminal identification and investigation may charge a
reasonable fee for providing information pursuant to this section to
any law enforcement agency located in another state.

(G)(1)
No person who because of the person's employment or official position
has access to a DNA specimen, a DNA record, or other information
contained in the DNA database that identifies an individual shall
knowingly disclose that specimen, record, or information to any
person or agency not entitled to receive it or otherwise shall misuse
that specimen, record, or information.

(2)
No person without authorization or privilege to obtain information
contained in the DNA database that identifies an individual person
shall purposely obtain that information.

(H)
The superintendent of the bureau of criminal identification and
investigation shall establish procedures for all of the following:

(1)
The forwarding to the bureau of DNA specimens collected pursuant to
division (H) of this section and sections 313.08, 2152.74, 2901.07,
and 2933.82 of the Revised Code and of fingerprints and photographs
collected pursuant to section 313.08 of the Revised Code;

(2)
The collection, maintenance, preservation, and analysis of DNA
specimens;

(3)
The creation, maintenance, and operation of the DNA database;

(4)
The use and dissemination of information from the DNA database;

(5)
The creation, maintenance, and operation of the unidentified person
database;

(6)
The use and dissemination of information from the unidentified person
database;

(7)
The creation, maintenance, and operation of the relatives of missing
persons database;

(8)
The use and dissemination of information from the relatives of
missing persons database;

(9)
The verification of entities requesting DNA records and other DNA
information from the bureau and the authority of the entity to
receive the information;

(10)
The operation of the bureau and responsibilities of employees of the
bureau with respect to the activities described in this section.

(I)
In conducting DNA analyses of DNA specimens, the state DNA laboratory
and any laboratory with which the bureau has entered into a contract
pursuant to division (B)(5) of this section shall give DNA analyses
of DNA specimens that relate to ongoing criminal investigations or
prosecutions or that are forwarded by law enforcement agencies
pursuant to divisions (B)(2)(a) and (b) of section 2933.82 of the
Revised Code priority over DNA analyses of DNA specimens that relate
to applications made pursuant to section 2953.73 of the Revised Code.
The state DNA laboratory and any laboratory under contract with the
bureau to perform DNA analyses shall consider the period of time
remaining under section 2901.13 of the Revised Code for commencing
the prosecution of a criminal offense related to the DNA specimens as
well as other relevant factors in prioritizing DNA analysis of the
DNA specimens forwarded by law enforcement agencies pursuant to
division (B)(2)(a) or (b) of section 2933.82 of the Revised Code.

(J)
The attorney general may develop procedures for entering into the
national DNA index system the DNA records submitted pursuant to
division (B)(1) of section 2901.07 of the Revised Code.

Sec.
109.60.
(A)(1)
(A)(1)(a)

The sheriffs of the several counties and the chiefs of police of
cities, immediately upon the arrest of any person for any felony, on
suspicion of any felony, for a crime constituting a misdemeanor on
the first offense and a felony on subsequent offenses, or for any
misdemeanor described in division (A)(1)(a),
(A)(8)(a)

,

or (A)(10)(a)
(A)(4)(a),
or (A)(6)(a)
of
section 109.572 of the Revised Code, and immediately upon the arrest
or taking into custody of any child under eighteen years of age for
committing an act that would be a felony or an offense of violence if
committed by an adult or upon probable cause to believe that a child
of that age may have committed an act that would be a felony or an
offense of violence if committed by an adult, shall take the person's
or child's fingerprints, or cause the same to be taken, according to
the fingerprint system of identification
on

in

the

forms
furnished
form
and manner prescribed

by the superintendent of the bureau of criminal identification and
investigation, and immediately shall
electronically

forward
copies of the completed forms

in the manner prescribed by the superintendent
,
any other description that may be required, and the history of the
offense committed to the bureau to be classified and filed and

submitted

to
the clerk of the court having jurisdiction over the prosecution of
the offense or over the adjudication relative to the act.

(b)
If a case for a person or child whose fingerprints were taken is sent
directly to a grand jury for indictment and no charges are brought,
the prosecuting authority to whom the case was referred shall notify
the sheriff or chief of police, and the sheriff or chief of police
shall notify the bureau that no charges were brought against the
person or child. If a case for a person or child is sent directly to
a grand jury for indictment and the case proceeds on a direct
indictment, the court of common pleas shall order that the person's
or child's fingerprints be taken if not previously taken, and the
clerk of the court of common pleas shall report the case information
and disposition to the bureau.

(c)
If an offender is convicted of an offense that is required to be
reported to the bureau pursuant to section 109.57 of the Revised
Code, has not been fingerprinted in connection with the instant case,
and is sentenced to a term of community control, the court shall
order the offender be fingerprinted as a condition of community
control. Upon being fingerprinted, the party responsible for
obtaining the offender's fingerprints shall immediately
electronically submit copies of the completed forms, any other
description that may be required, and the history of the offense
committed to the bureau to be classified and filed with the clerk of
the court.

(2)
Except as provided in division (B) of this section, if a person or
child has not been arrested and first appears before a court or
magistrate in response to a summons, or if a sheriff or chief of
police has not taken, or caused to be taken, a person's or child's
fingerprints in accordance with division (A)(1) of this section by
the time of the arraignment or first appearance of the person or
child, the court shall
take
the person's or child's fingerprints or shall
order
the person or child to appear before the sheriff

or
,

chief
of police
,
a designee of the sheriff or chief of police, or an individual under
the authority of the court and designated by the court to take and
submit fingerprints,

within twenty-four hours to have the person's or child's fingerprints
taken. The sheriff

or
,

chief of police
,
or other designated individual

shall take the person's or child's fingerprints, or cause the
fingerprints to be taken, according to the fingerprint system of
identification
on

in

the

forms
furnished
form
and manner prescribed

by the superintendent of the bureau of criminal identification and
investigation and, immediately after the person's or child's
arraignment or first appearance,
electronically

forward
copies of the completed forms

in the manner prescribed by the superintendent of the bureau
,
any other description that may be required, and the history of the
offense committed to the bureau to be classified and filed and to the
clerk of the court.

(3)
Every court with jurisdiction over a case involving a person or child
with respect to whom division (A)(1) or (2) of this section requires

a
sheriff or chief of police to take
the
person's or child's fingerprints
to
be taken
shall

inquire
,

at
or
before
the
time of the person's or child's sentencing or adjudication
,
verify or cause to be verified through a reliable electronic records
system

whether or not the person or child has been fingerprinted pursuant to
division (A)(1) or (2) of this section for the original arrest or
court appearance upon which the sentence or adjudication is based. If
the person or child was not fingerprinted for the original arrest or
court appearance upon which the sentence or adjudication is based,
the court shall take the person's or child's fingerprints or shall
order the person or child to appear before the sheriff

or
,

chief of police

within twenty-four hours
,
a designee of the sheriff or chief of police, or an individual under
the authority of the court and designated by the court to take and
submit fingerprints

to have the person's or child's fingerprints taken

at any time before sentencing or adjudication. If the person or child
has not been fingerprinted prior to sentencing or adjudication, the
court shall continue the proceeding for the time required for the
court to obtain the fingerprints
.
If the court orders the person or child to appear before the sheriff
or chief of police to have the person's or child's fingerprints
taken, the sheriff or chief of police shall take the person's or
child's fingerprints, or cause the fingerprints to be taken,
according to the fingerprint system of identification
on

in

the

forms
furnished
form
and manner prescribed
by
the superintendent of the bureau of criminal identification and
investigation and immediately

electronically

forward copies of the completed forms

in the manner prescribed by the superintendent of the bureau
,
any other description that may be required, and the history of the
offense committed to the bureau to be classified and filed and to the
clerk of the court.

The sheriff, chief of police, a designee of the sheriff or chief of
police, or other individual under the authority of the court and
designated by the court to take fingerprints shall take the person's
or child's fingerprints, or cause the fingerprints to be taken,
immediately upon being presented with the court order requiring
fingerprints to be taken and provide those fingerprints to the court
and bureau as described above.

(4)
If a person or child is in the custody of a law enforcement agency or
a detention facility, as defined in section 2921.01 of the Revised
Code, and the chief law enforcement officer or chief administrative
officer of the detention facility discovers that a warrant has been
issued or a bill of information
,
indictment, or complaint, including offenses that occur while the
person or child is in detention,

has been filed alleging the person or child to have committed an
offense or act other than the offense or act for which the person or
child is in custody, and the other alleged offense or act is one for
which fingerprints are to be taken pursuant to division (A)(1) of
this section, the law enforcement agency or detention facility shall
take the fingerprints of the person or child, or cause the
fingerprints to be taken, according to the fingerprint system of
identification
on

in

the

forms
furnished
form
and manner prescribed
by
the superintendent of the bureau of criminal identification and
investigation and immediately
electronically

forward
copies of the completed forms

in the manner prescribed by the superintendent of the bureau
,
any other description that may be required, and the history of the
offense committed to the bureau to be classified and filed and to the
clerk of the court that issued the warrant
,
indictment, or complaint,

or with which the bill of information was filed
,
and submit to the clerk of the court hearing the case, if different
from the issuing court
.

(5)
(5)(a)

If an accused is found not guilty of the offense charged or a nolle
prosequi is entered in any case, or if any accused child under
eighteen years of age is 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 or not guilty of the felony or offense of
violence charged or a nolle prosequi is entered in that case, the
fingerprints and description shall be given to the accused upon the
accused's request.

(b)
If no charges are filed or a person is otherwise released or
dismissed after being fingerprinted and those fingerprints have been
forwarded to the bureau of criminal identification and investigation,
the sheriffs of the several counties and the chiefs of police of
cities shall notify the bureau that no charges were filed or the
person was otherwise released and the bureau shall note that status
in connection to the fingerprint record.

(c)
If, after a person or child is arrested and fingerprinted for a
criminal offense no indictment is returned, bill of information is
filed, or charges are filed by the prosecuting authority to whom the
case was referred, the prosecuting authority to whom the case was
referred shall notify the law enforcement agency that referred the
case that no charges are forthcoming at this time, the sheriff or
chief of police shall notify the bureau of the case status, and the
bureau shall note that status in connection to the fingerprint
record.

(6)
The superintendent shall compare the description received with those
already on file in the bureau, and, if the superintendent finds that
the person arrested or taken into custody has a criminal record or a
record as a delinquent child for having committed an act that would
be a felony or an offense of violence if committed by an adult or is
a fugitive from justice or wanted by any jurisdiction in this or
another state, the United States, or a foreign country for any
offense, the superintendent at once shall inform the arresting
officer, the officer taking the person into custody, or the chief
administrative officer of the county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative
residential facility, or state correctional institution in which the
person or child is in custody of that fact and give appropriate
notice to the proper authorities in the jurisdiction in which the
person is wanted, or, if that jurisdiction is a foreign country, give
appropriate notice to federal authorities for transmission to the
foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically indexed by
the superintendent.

(B)
Division (A) of this section does not apply to a violator of a city
ordinance unless the officers have reason to believe that the
violator is a past offender or the crime is one constituting a
misdemeanor on the first offense and a felony on subsequent offenses,
or unless it is advisable for the purpose of subsequent
identification. This section does not apply to any child under
eighteen years of age who was not 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 or upon probable cause to believe
that a child of that age may have committed an act that would be a
felony or an offense of violence if committed by an adult, except as
provided in section 2151.313 of the Revised Code.

(C)(1)
For purposes of division (C) of this section, a law enforcement
agency shall be considered to have arrested a person if any law
enforcement officer who is employed by, appointed by, or serves that
agency arrests the person. As used in division (C) of this section:

(a)
"Illegal methamphetamine manufacturing laboratory" has the
same meaning as in section 3745.13 of the Revised Code.

(b)
"Methamphetamine or a methamphetamine product" means
methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or substance
containing methamphetamine or any salt, isomer, or salt of an isomer
of methamphetamine.

(2)
Each law enforcement agency that, in any calendar year, arrests any
person for a violation of section 2925.04 of the Revised Code that is
based on the manufacture of methamphetamine or a methamphetamine
product, a violation of section 2925.041 of the Revised Code that is
based on the possession of chemicals sufficient to produce
methamphetamine or a methamphetamine product, or a violation of any
other provision of Chapter 2925. or 3719. of the Revised Code that is
based on the possession of chemicals sufficient to produce
methamphetamine or a methamphetamine product shall prepare an annual
report covering the calendar year that contains the information
specified in division (C)(3) of this section relative to all arrests
for violations of those sections committed under those circumstances
during that calendar year and relative to illegal methamphetamine
manufacturing laboratories, dump sites, and chemical caches as
specified in that division and shall send the annual report, not
later than the first day of March in the calendar year following the
calendar year covered by the report, to the bureau of criminal
identification and investigation.

The
law enforcement agency shall write any annual report prepared and
filed under this division
on

in

the

standard forms furnished
form
and manner prescribed
by
the superintendent of the bureau of criminal identification and
investigation pursuant to division (C)(4) of this section. The annual
report shall be a statistical report, and nothing in the report or in
the information it contains shall identify, or enable the
identification of, any person who was arrested and whose arrest is
included in the information contained in the report. The annual
report in the possession of the bureau and the information it
contains are public records for the purpose of section 149.43 of the
Revised Code.

(3)
The annual report prepared and filed by a law enforcement agency
under division (C)(2) of this section shall contain all of the
following information for the calendar year covered by the report:

(a)
The total number of arrests made by the agency in that calendar year
for a violation of section 2925.04 of the Revised Code that is based
on the manufacture of methamphetamine or a methamphetamine product, a
violation of section 2925.041 of the Revised Code that is based on
the possession of chemicals sufficient to produce methamphetamine or
a methamphetamine product, or a violation of any other provision of
Chapter 2925. or 3719. of the Revised Code that is based on the
possession of chemicals sufficient to produce methamphetamine or a
methamphetamine product;

(b)
The total number of illegal methamphetamine manufacturing
laboratories at which one or more of the arrests reported under
division (C)(3)(a) of this section occurred, or that were discovered
in that calendar year within the territory served by the agency but
at which none of the arrests reported under division (C)(3)(a) of
this section occurred;

(c)
The total number of dump sites and chemical caches that are, or that
are reasonably believed to be, related to illegal methamphetamine
manufacturing and that were discovered in that calendar year within
the territory served by the agency.

(4)
The superintendent of the bureau of criminal identification and
investigation shall prepare and furnish to each law enforcement
agency in this state standard forms for making the annual reports
required by division (C)(2) 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 a tangible
format and an electronic format.

(5)
The annual report required by division (C)(2) of this section is
separate from, and in addition to, any report, materials, or
information required under division (A) of this section or under any
other provision of sections 109.57 to 109.62 of the Revised Code.

Sec.
2953.32.
(A)(1)
Sections 2953.32 and 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) 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. 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)
Except as otherwise provided in division (B)(1)(a)(iv) 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)
Except as otherwise provided in division (B)(1)(a)(iv) 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)
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)
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)
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 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)
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
,
unless the delay is caused by the applicant
.
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)
At the hearing held under division (C) 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 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) or division (B)(2)(a) or (b) 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) 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.

(2)
If the court determines, after complying with division (D)(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 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) or division
(B)(2)(a) or (b) 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) 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) 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) of this
section, but fingerprinting was required for the offense,
take
the applicant's fingerprints or
order
the applicant to appear before a sheriff
or
a chief of police
to
have the applicant's fingerprints taken
,
prior to the record sealing,

according
to the fingerprint system of identification on
in

the

forms
furnished
form
and manner prescribed
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.

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.
5122.311.
(A)
Notwithstanding any provision of the Revised Code to the contrary,
if, on or after April 8, 2004, an individual is found by a court to
be a person with a mental illness subject to court order or becomes
an involuntary patient other than one who is a patient only for
purposes of observation, the probate judge who made the adjudication

or
the chief clinical officer of the hospital, community mental health
services provider, or facility in which the person is an involuntary
patient
shall
notify the office of the attorney general,
on
the form
in
the manner
described
in division (C) of this section, of the identity of the individual.
The notification shall be transmitted by the judge
or
the chief clinical officer
not
later than seven days after the adjudication or commitment.

(B)
The office of the attorney general shall compile and maintain the
notices it receives under division (A) of this section and the
notices shall be used for the purpose of conducting incompetency
records checks pursuant to section 311.41 of the Revised Code. The
notices and the information they contain are confidential, except as
provided in this division, and are not public records.

(C)
The attorney general, by rule adopted under Chapter 119. of the
Revised Code, shall prescribe
and
make available to all probate judges and all chief clinical officers
a form to be used by them for the purpose of
the
form and manner for
making
the notifications required by division (A) of this section.

Section
2.
That
existing sections 109.57
,
109.573
,
109.60, 2953.32, and 5122.311 of the Revised Code are hereby
repealed.

Section
3.
That
Section 221.40 of H.B. 96 of the 136th General Assembly (as amended
by H.B. 434 of the 136th General Assembly) be amended to read as
follows:

Sec.
221.40.
OHIO
COURTS TECHNOLOGY INITIATIVE

Of
the foregoing appropriation item 055321, Operating Expenses,
$3,350,000 in each fiscal year shall be used to fund an initiative by
the Attorney General to facilitate the
exchange
of information and warehousing of data by and between Ohio courts and
other justice system partners through the
delivery
of technology services to courts throughout the state, including the
provision of hardware
,

and

software
,
and the development and implementation of educational and training
programs for judges and court personnel
.
Courts

of record

and the clerks of
the

each

court

of common pleas
,
whether elected or appointed,

located in counties with a population of not more than 125,000
according to the most recent federal decennial census,

are eligible
for

to
receive
funding
under the initiative.

On
July 1, 2025, or as soon as possible thereafter, the Director of
Budget and Management shall cancel any existing encumbrances, at the
request of the Administrative Director of the Supreme Court of Ohio
and the Attorney General, or their designees, against appropriation
item 005409, Ohio Courts Technology Initiative, used by the Supreme
Court of Ohio, and reestablish them against appropriation item
055321, Operating Expenses. The reestablished encumbrance amounts are
hereby appropriated.

On
July 1, 2025, or as soon as possible thereafter, the Administrative
Director of the Supreme Court of Ohio and the Attorney General, or
their designees, shall facilitate the transfer of management and
administration of any outstanding grants and all necessary program
records or files from the Supreme Court to the Attorney General.

Section
4.
That
existing Section 221.40 of H.B. 96 of the 136th General Assembly (as
amended by H.B. 434 of the 136th General Assembly) is hereby
repealed.