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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 265
2025-2026
Senator Cutrona
To
amend section 109.572 of the Revised Code
to
add certain animal-related offenses to the list of potentially
disqualifying offenses when conducting a criminal records check for
prospective foster caregivers, prospective adoptive parents, and
certain other individuals who will be responsible for or reside in
the same household as children.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 109.572 of the Revised Code be amended to read as follows:
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,
959.131,
959.15, 959.16, 959.21,
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 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.
Section
2.
That
existing section 109.572 of the Revised Code is hereby repealed.