HB 635 — Enact the Child Protection Reform Act

635 Page 14 As IntroducedReported by the House Children and Human Services Committee (3) The client or patient in an attorney-client, 380 physician-patient, or advanced practice registered nurse-patient 381 relationship described in division (A)(2) of this section is 382 deemed to have waived any testimonial privilege under division 383 (A) or (B) of section 2317.02 of the Revised Code with respect 384 to any communication the attorney, physician, or advanced 385 practice registered nurse receives from the client or patient in 386 that relationship, and the attorney, physician, or advanced 387 practice registered nurse shall make a report pursuant to 388 division (A)(1) of this section with respect to that 389 communication, if all of the following apply:

405 (4)(a) No cleric and no person, other than a volunteer, 406 designated by any church, religious society, or faith acting as 407 a leader, official, or delegate on behalf of the church, 408 religious society, or faith who is acting in an official or 409 H.Sub.

H.

635 Page 15 As IntroducedReported by the House Children and Human Services Committee professional capacity, who knows, or has reasonable cause to 410 believe based on facts that would cause a reasonable person in a 411 similar position to believe, that a child under eighteen years 412 of age, or a person under twenty-one years of age with a 413 developmental disability or physical impairment, has suffered or 414 faces a threat of suffering any physical or mental wound, 415 injury, disability, or condition of a nature that reasonably 416 indicates abuse or neglect of the child, and who knows, or has 417 reasonable cause to believe based on facts that would cause a 418 reasonable person in a similar position to believe, that another 419 cleric or another person, other than a volunteer, designated by 420 a church, religious society, or faith acting as a leader, 421 official, or delegate on behalf of the church, religious 422 society, or faith caused, or poses the threat of causing, the 423 wound, injury, disability, or condition that reasonably 424 indicates abuse or neglect shall fail to immediately report that 425 knowledge or reasonable cause to believe to the entity or 426 persons specified in this division.

434 (b) Except as provided in division (A)(4)(c) of this 435 section, a cleric is not required to make a report pursuant to 436 division (A)(4)(a) of this section concerning any communication 437 the cleric receives from a penitent in a cleric-penitent 438 relationship, if, in accordance with division (C) of section 439 2317.02 of the Revised Code, the cleric could not testify with 440 H.Sub.

H.

635 Page 16 As IntroducedReported by the House Children and Human Services Committee respect to that communication in a civil or criminal proceeding.

467 (d) Divisions (A)(4)(a) and (c) of this section do not 468 apply in a cleric-penitent relationship when the disclosure of 469 H.Sub.

H.

635 Page 17 As IntroducedReported by the House Children and Human Services Committee any communication the cleric receives from the penitent is in 470 violation of the sacred trust.

497 (1) The names and addresses of the child and the child's 498 parents or the person or persons having custody of the child, if 499 H.Sub.

H.

635 Page 18 As IntroducedReported by the House Children and Human Services Committee known;

529 H.Sub.

H.

635 Page 19 As IntroducedReported by the House Children and Human Services Committee (3) If a health care professional provides health care 530 services in a hospital, children's advocacy center, or emergency 531 medical facility to a child about whom a report has been made 532 under division (A) of this section, the health care professional 533 may take any steps that are reasonably necessary for the release 534 or discharge of the child to an appropriate environment.

558 (E)(1) When a peace officer receives a report made 559 H.Sub.

H.

635 Page 20 As IntroducedReported by the House Children and Human Services Committee pursuant to division (A) or (B) of this section, upon receipt of 560 the report, the peace officer who receives the report shall 561 refer the report to the appropriate public children services 562 agency, in accordance with requirements specified under division 563 (B)(6) of section 2151.4221 of the Revised Code, unless an 564 arrest is made at the time of the report that results in the 565 appropriate public children services agency being contacted 566 concerning the possible abuse or neglect of a child or the 567 possible threat of abuse or neglect of a child.

584 (c) Unless an arrest is made at the time of the report 585 that results in the appropriate law enforcement agency being 586 contacted concerning the possible abuse or neglect of a child or 587 the possible threat of abuse or neglect of a child, and in 588 accordance with requirements specified under division (B)(6) of 589 H.Sub.

H.

635 Page 21 As IntroducedReported by the House Children and Human Services Committee section 2151.4221 of the Revised Code, notify the appropriate 590 law enforcement agency of the report, if the public children 591 services agency received either of the following:

596 (d) If the child who is the subject of the report resides 597 in a county other than the county served by the agency that 598 receives the report or has a residence or legal settlement in 599 both the county served by the agency that receives the report 600 and another county, the agency that receives the report shall 601 immediately respond to and investigate the report and notify the 602 agency served by the 601 other county in which the child resides.resides not 603 later than twenty-four hours after receipt of the report.

602604 (3) If the child who is the subject of the report resides 603605 in a county other than the county served by the agency that 604606 receives the report or has a residence or legal settlement in 605607 both the county served by the agency that receives the report 606608 and another county, the agencies shall jointly determine which 607609 agency shall serve as the lead agency.

The agencies shall make 608610 this determination beforewithin aone casebusiness isday. filed in court.

609611 (4)(a) AllNot later than four calendar days after receipt of 612 the report, all of the following entities shall provide 610 relevant 613 information to a public children services agency or 611 peace 614 officer concerning a report of child abuse or neglect 612 without a 615 subpoena upon the request of a public children 613 services agency 616 or peace officer or when disclosure is necessary 614 to ensure a 617 child's safety:

615618 (i)Sub. Another public children services agency;

616H. (ii) Another peace officer or law enforcement agency;

617 H.

635 Page 22 As IntroducedReported (iii)by Athe healthHouse careChildren professionaland orHuman healthServices careCommittee facility;(i) Another public children services agency;

618619 (iv)(ii) NotwithstandingAnother sectionpeace 3319.321officer ofor thelaw Revisedenforcement Code,agency; 619 a school district.

620 (b)(iii) TheA disclosure of protected health informationcare byprofessional aor 621health coveredcare entityfacility; pursuant to division (E)(4)(a) of this section is 622 deemed permissible under the HIPAA Privacy Rule and Chapter 623 3798.

621 (iv) Notwithstanding section 3319.321 of the Revised Code,Code as622 eachand ofto thosethe termsextent arepermissible definedunder inthe 624federal section"Family 3798.01623 Educational Rights and Privacy Act of the1974," Revised20 Code.U.S.C.

6251232g, (F) No peace officer shall remove a child624 aboutschool whomdistrict. a 626 report is made pursuant to this section from the child's 627 parents, stepparents, or guardian or any other persons having 628 custody of the child without consultation with the public 629 children services agency, unless, in the judgment of the 630 officer, and, if the report was made by a physician or advanced 631 practice registered nurse, the physician or nurse, immediate 632 removal is considered essential to protect the child from 633 further abuse or neglect.

625 (b) The agencydisclosure thatof mustprotected behealth consultedinformation 634by shalla be626 thecovered agencyentity conductingpursuant theto investigationdivision (E)(4)(a) of thethis reportsection 635is as627 determineddeemed pursuantpermissible tounder sectionthe 2151.422HIPAA ofPrivacy theRule Revisedand Code.Chapter 628 3798.

636 (G)(1) Except as provided in section 2151.422 of the 637 Revised CodeCode, oras in an interagency agreement entered into under 638 section 2151.428 of the Revised Code that applies to the 639 particular report, the public children services agency shall 640 investigate, within twenty-four hours, each report of childthose 641terms abuseare ordefined childin neglect629 that is known or reasonably suspected or 642 believed to have occurred and of a threat of child abuse or 643 child neglect that is known or reasonably suspected or believed 644 to exist that is referred to it under this section to3798.01 determine 645 the circumstances surrounding the injuries, abuse, or neglect or 646 the threat of injury, abuse, or neglect, the causeRevised ofCode. the 647 H.

630 (F) No peace officer shall remove a child about whom a 631 report is made pursuant to this section from the child's 632 parents, stepparents, or guardian or any other persons having 633 custody of the child without consultation with the public 634 children services agency, unless, in the judgment of the 635 officer, and, if the report was made by a physician or advanced 636 practice registered nurse, the physician or nurse, immediate 637 removal is considered essential to protect the child from 638 further abuse or neglect.

The agency that must be consulted 639 shall be the agency conducting the investigation of the report 640 as determined pursuant to section 2151.422 of the Revised Code.

641 (G)(1) Except as provided in section 2151.422 of the 642 Revised Code or in an interagency agreement entered into under 643 section 2151.428 of the Revised Code that applies to the 644 particular report, the public children services agency shall 645 investigate, within twenty-four hours, each report of child 646 abuse or child neglect that is known or reasonably suspected or 647 Sub.

H.

635 Page 23 As IntroducedReported by the House Children and Human Services Committee believed to have occurred and of a threat of child abuse or 648 child neglect that is known or reasonably suspected or believed 649 to exist that is referred to it under this section to determine 650 the circumstances surrounding the injuries, abuse, or neglect or 651 the threat of injury, abuse, or neglect, the cause of the 652 injuries, abuse, neglect, or threat, and the person or persons 648653 responsible.

The investigation shall be made in cooperation with 649654 the law enforcement agency and in accordance with the memorandum 650655 of understanding prepared under sections 2151.4220 to 2151.4234 651656 of the Revised Code.

A representative of the public children 652657 services agency shall, at the time of initial contact with the 653658 person subject to the investigation, inform the person of the 654659 specific complaints or allegations made against the person.

The 655660 information shall be given in a manner that is consistent with 656661 division (I)(1) of this section and protects the rights of the 657662 person making the report under this section.

658663 A failure to make the investigation in accordance with the 659664 memorandum is not grounds for, and shall not result in, the 660665 dismissal of any charges or complaint arising from the report or 661666 the suppression of any evidence obtained as a result of the 662667 report and does not give, and shall not be construed as giving, 663668 any rights or any grounds for appeal or post-conviction relief 664669 to any person.

The public children services agency shall report 665670 each case to the uniform statewide automated child welfare 666671 information system that the department of children and youth 667672 shall maintain in accordance with section 5180.40 of the Revised 668673 Code.

The public children services agency shall submit a report 669674 of its investigation, in writing, to the law enforcement agency.

670675 (2) If the child who is the subject of a report resides in 671676 a county other than the county served by the agency that 672677 receives the report or has a residence or legal settlement in 673678 bothSub. the county served by the agency that receives the report 674 and another county, the agencies shall jointly investigate the 675 report until the agencies jointly determine which agency shall 676 serve as the lead agency in accordance with division (E)(3) of 677 this section.

678 H.

635 Page 24 As IntroducedReported (3)by Thethe publicHouse childrenChildren servicesand Human Services Committee both the county served by the agency shallthat makereceives anythe report 679 recommendationsand toanother county, the countyagencies prosecutingshall attorneyjointly orinvestigate citythe 680 directorreport ofuntil lawthe thatagencies itjointly considersdetermine necessarywhich toagency protectshall any 681 childrenserve thatas arethe broughtlead toagency itsin attention.accordance with division (E)(3) of 682 this section.

682 (H)(1)(a) Except as provided in divisions (H)(1)(b) and 683 (I)(3)(3) ofThe thispublic section,children anyservices person, health care professional, 684 hospital, institution, school, health department, or agency 685 shall bemake immune from any civil684 orrecommendations criminalto liabilitythe forcounty injury,prosecuting 686attorney death, or losscity to685 persondirector orof propertylaw that otherwiseit mightconsiders benecessary 687to incurredprotect orany imposed686 aschildren athat resultare ofbrought anyto ofits theattention. following:

688687 (i)(H)(1)(a) ParticipatingExcept as provided in thedivisions making(H)(1)(b) and 688 (I)(3) of reportsthis pursuantsection, toany person, health care professional, 689 divisionhospital, (A)institution, ofschool, thishealth sectiondepartment, or inagency the690 makingshall ofbe reportsimmune infrom goodany 690civil faith,or pursuantcriminal liability for injury, 691 death, or loss to divisionperson (B)or property that otherwise might be 692 incurred or imposed as a result of thisany section;of the following:

691693 (ii)(i) Participating in medicalthe examinations,making tests,of reports pursuant to 694 division (A) of this section or 692in proceduresthe undermaking of reports in good 695 faith, pursuant to division (D)(B) of this section;

693696 (iii)(ii) ProvidingParticipating information used in amedical reportexaminations, madetests, pursuant 694 to division (A) of this section or providing697 informationprocedures inunder good 695 faith used in a report made pursuant to division (B)(D) of this 696 section;

697698 (iv)(iii) ParticipatingProviding ininformation aused judicialin proceeding resulting from 698 a report made pursuant 699 to division (A) of this section or 699providing participatinginformation in good 700 faith used in a proceeding resulting from a 700 report made pursuant to division (B) of this section.701 section;

701702 (b)(iv) ImmunityParticipating underin a judicial proceeding resulting from 703 a report made pursuant to division (H)(1)(a)(ii)(A) of this section 702or shall704 notparticipating applyin whengood afaith healthin carea providerproceeding hasresulting deviated from 703a the705 standardreport ofmade carepursuant applicable to thedivision provider's(B) profession.of this section.

704 (c) Notwithstanding section 4731.22 of the Revised Code, 705 the physician-patient privilege shall not be a ground for 706 excluding(b) evidenceImmunity regardingunder adivision child's(H)(1)(a)(ii) injuries,of abuse,this orsection 707 H.Sub.

H.

635 Page 25 As IntroducedReported neglect,by or the causeHouse ofChildren theand injuries,Human abuse,Services orCommittee neglectshall innot anyapply 708when judiciala proceedinghealth resultingcare provider has deviated from a708 reportthe submittedstandard pursuantof 709care applicable to thisthe section.provider's profession.

710709 (2)(c) InNotwithstanding anysection civil4731.22 orof criminalthe actionRevised orCode, proceeding710 inthe whichphysician-patient 711privilege itshall isnot allegedbe anda provedground thatfor participation711 inexcluding theevidence makingregarding of a 712child's reportinjuries, underabuse, thisor section712 wasneglect, notor inthe goodcause faithof orthe participationinjuries, 713abuse, or neglect in aany 713 judicial proceeding resulting from a report madesubmitted underpursuant this 714 section was not in good faith, the court shall award the 715 prevailing party reasonable attorney's fees and costs and, if a 716 civil action or proceeding is voluntarily dismissed, may award 717 reasonable attorney's fees and costs to thethis partysection. against whom 718 the civil action or proceeding is brought.

719715 (I)(1)(2) ExceptIn asany providedcivil or criminal action or proceeding in divisionswhich (I)(4)716 it is alleged and (N)proved that participation in the making of 720a 717 report under this section andwas sectionsnot 2151.423in andgood 2151.4210faith ofor theparticipation Revised718 721in Code,a judicial proceeding resulting from a report made under this 719 section was not in good faith, the court shall award the 720 prevailing party reasonable attorney's fees and costs and, if a 721 civil action or proceeding is confidential.voluntarily dismissed, may award 722 reasonable attorney's fees and costs to the party against whom 723 the civil action or proceeding is brought.

The724 722(I)(1) informationExcept as provided in adivisions report(I)(4) madeand pursuant(N) toof 725 this section 723 and thesections name2151.423 and 2151.4210 of the personRevised who726 madeCode, thea report shallmade notunder bethis 724section releasedis forconfidential. use, and shall not be used, as evidence in any 725 civil action or proceeding brought against the person who made 726 the report.

NothingThe in this division shall preclude the use of 727 reportsinformation ofprovided other incidents of known or suspected abuse or 728 neglect in a civilreport actionmade or proceeding brought pursuant to 729 division (M) of this section against728 aand personthe whoname is alleged to 730 have violated division (A)(1) of this section, provided that any 731 information in a report that would identify the childperson who ismade the 732 subject of the report orshall thenot makerbe of729 thereleased report,for ifuse, theand makershall 733not ofbe theused, reportas isevidence notin theany defendant730 orcivil anaction agent or employeeproceeding ofbrought 734against the defendant,person haswho beenmade redacted.731 the report.

InNothing ain criminalthis proceeding,division shall preclude the 735use reportof is732 admissiblereports inof evidenceother incidents of known or suspected abuse or 733 neglect in accordancea withcivil theaction Rulesor proceeding brought pursuant to 734 division (M) of 736this Evidencesection andagainst a person who is subjectalleged to discovery735 have violated division (A)(1) of this section, provided that any 736 information in accordancea withreport that would identify the 737child Ruleswho ofis Criminalthe Procedure.737 Sub.

738 H.

635 Page 26 As IntroducedReported (2)(a)by Exceptthe asHouse providedChildren inand divisionHuman (I)(2)(b)Services Committee subject of thisthe 739report section,or nothe personmaker shallof permitthe orreport, encourageif the unauthorizedmaker 740738 dissemination of the contentsreport ofis anynot reportthe madedefendant underor thisan 741agent section.or employee of 739 the defendant, has been redacted.

742In (b)a Acriminal healthproceeding, care professional that obtains the same740 743report informationis containedadmissible in aevidence reportin madeaccordance underwith thisthe sectionRules fromof a741 744Evidence sourceand otheris thansubject theto reportdiscovery mayin disseminateaccordance with the information,742 ifRules 745of itsCriminal disseminationProcedure. is otherwise permitted by law.

746743 (3)(2)(a) AExcept personas whoprovided knowinglyin makes or causes another person 747 to make a false report under division (B)(I)(2)(b) of this section744 thatsection, 748no alleges that any person hasshall committedpermit an act or omissionencourage thatthe 749unauthorized resulted745 indissemination a child being an abused child or a neglected child 750 is guilty of athe violationcontents of sectionany 2921.14report ofmade theunder Revisedthis Code.746 section.

751747 (4)(b) IfA ahealth reportcare isprofessional madethat pursuantobtains to division (A) or (B) of 752 this section and the childsame who748 isinformation thecontained subjectin ofa the report dies 753 for any reason at any time after the report is made, but before 754 the child attains eighteen years of age, the public children 755 services agency or peace officer to which the report was made or 756 referred, on the request of the child fatality review board, the 757 suicide fatality review committee, or the director of health 758 pursuant to guidelines established under this section 3701.70from of the 759 Revised Code, shall submit a summary749 sheetsource ofother informationthan 760 providing a summary of the report tomay thedisseminate review board or review 761 committee of the countyinformation, inif which750 theits deceaseddissemination childis residedotherwise atpermitted 762by thelaw. time of death or to the director.

On751 the(3) requestA person who knowingly makes or causes another person 752 to make a false report under division (B) of thethis 763section reviewthat board,753 reviewalleges committee,that orany director,person thehas agencycommitted an act or peaceomission 764that officer754 may,resulted atin itsa discretion,child makebeing thean reportabused availablechild toor thea 765neglected reviewchild board,755 reviewis committee,guilty orof director.a violation of section 2921.14 of the Revised Code.

756 (4) If a report is made pursuant to division (A) or (B) of 757 this section and the countychild 766who servedis bythe subject of the report dies 758 for any reason at any time after the report is made, but before 759 the child attains eighteen years of age, the public children 760 services agency isor alsopeace servedofficer byto 767which the report was made or 761 referred, on the request of the child fatality review board, the 762 suicide fatality review committee, or the director of health 763 pursuant to guidelines established under section 3701.70 of the 764 Revised Code, shall submit a children'ssummary advocacysheet centerof andinformation 765 providing a summary of the report to the review board or review 766 committee of allegedthe sexualcounty 768in H.which the deceased child resided at 767 Sub.

H.

635 Page 27 As IntroducedReported abuseby of a child or another type of abuse of a child is 769 specified in the memorandumHouse ofChildren understanding that creates the 770 center as being within the center's jurisdiction, the agency or 771 center shall perform the duties and functionsHuman specifiedServices inCommittee this 772 division in accordance with the interagencytime agreement entered 773 into under section 2151.428 of thedeath Revisedor Code relative to thatthe 774director. advocacy center.

775On (5) Not later than five business days after the 776request determination of athe disposition,768 areview publicboard, childrenreview servicescommittee, 777 agency shall advise a person alleged to have inflicted abuse or 778director, neglect on a child who is the subjectagency ofor apeace report769 madeofficer pursuantmay, 779at toits thisdiscretion, section,make includingthe a report allegingavailable sexual abuse of a 780 child or another type of abuse of a child referred to a 781 children's advocacy center pursuant to an interagency agreement 782 entered into under section 2151.428 of the Revised770 Code,review inboard, 783review writingcommittee, ofor thedirector. disposition of the investigation.

TheIf the county 771 served by the public children services agency 784is shallalso notserved provideby to772 a children's advocacy center and the personreport anyof informationalleged sexual 773 abuse of a child or another type of abuse of a child is 774 specified in the memorandum of understanding that identifiescreates 785the 775 center as being within the personcenter's whojurisdiction, madethe agency or 776 center shall perform the report,duties statementsand functions specified in this 777 division in accordance with the interagency agreement entered 778 into under section 2151.428 of witnesses,the orRevised 786Code policerelative orto otherthat investigative779 reports.advocacy center.

The780 written(5) noticeNot later than five business days after the 781 determination of 787a dispositiondisposition, a public children services 782 agency shall beadvise madea inperson alleged to have inflicted abuse or 783 neglect on a formchild designatedwho byis the departmentsubject 788of a report made pursuant 784 to this section, including a report alleging sexual abuse of childrena and785 youthchild andor shallanother informtype theof personabuse of thea rightchild 789referred to appeala 786 children's advocacy center pursuant to an interagency agreement 787 entered into under section 2151.428 of the disposition.Revised Code, in 788 writing of the disposition of the investigation.

790The (J)agency Any789 reportshall thatnot isprovide required by this section, other 791 than a report that is made to the stateperson highwayany patrolinformation asthat 792identifies described790 in section 5120.173 of the Revisedperson Code,who shall result 793 in protective services and emergency supportive services being 794 made available by the publicreport, childrenstatements services agency on behalf 795 of thewitnesses, childrenor about791 whompolice theor reportother isinvestigative made.reports.

The agencywritten 796notice requiredof to792 providedisposition the services shall be themade agencyin conductinga 797form designated by the investigationdepartment 793 of thechildren reportand pursuantyouth toand sectionshall 2151.422inform ofthe 798person of the Revisedright Code.794 to appeal the disposition.

If795 (J) Any report that is required by this section, other 796 than a familyreport that is determinedmade to benefitthe fromstate 799highway H.patrol as 797 described in section 5120.173 of the Revised Code, shall result 798 Sub.

H.

635 Page 28 As IntroducedReported preventionby services, the agencyHouse alsoChildren mayand makeHuman effortsServices toCommittee preventin 800protective neglectservices or abuse, to enhance a child's welfare, and toemergency preservesupportive 801services thebeing family799 unitmade intactavailable by referringthe apublic reportchildren for assessment and 802 provision of services to an agency providingon preventionbehalf 803800 services,of ifthe appropriatechildren preventionabout serviceswhom arethe availablereport fromis 804made. a local provider or other reasonable source.

805The (K)(1)agency Except801 as provided in division (K)(4) or (5) of 806 this section, a person who is required to makeprovide athe reportservices undershall 807be division (A) of this section may make a reasonable number of 808 requests of the public children services agency thatconducting receives802 or 809 is referred the report,investigation or of the children's advocacy center 810 that is referred the report if the report is referred to a 811 children's advocacy center pursuant to an interagency agreement 812 entered into under section 2151.4282151.422 of 803 the Revised Code,Code. to be 813 provided with the following information:

814If (a)a Whetherfamily is determined to benefit from 804 prevention services, the agency also may make efforts to prevent 805 neglect or centerabuse, hasto initiatedenhance ana 815child's investigationwelfare, ofand to preserve 806 the report;family unit intact by referring a report for assessment and 807 provision of services to an agency providing prevention 808 services, if appropriate prevention services are available from 809 a local provider or other reasonable source.

816810 (b)(K)(1) WhetherExcept as provided in division (K)(4) or (5) of 811 this section, a person who is required to make a report under 812 division (A) of this section may make a reasonable number of 813 requests of the public children services agency that receives or 814 is referred the report, or of the children's advocacy center 815 that is continuingreferred the report if the report is referred to a 816 children's advocacy center pursuant to an interagency agreement 817 investigateentered into under section 2151.428 of the report;Revised Code, to be 818 provided with the following information:

818819 (c)(a) Whether the agency or center ishas otherwiseinitiated involvedan 819820 withinvestigation the child who is the subject of the report;

820821 (d)(b) TheWhether general status of the healthagency andor safetycenter of the 821 child who is thecontinuing subjectto of822 investigate the report;

822823 (e)(c) Whether the reportagency hasor resultedcenter inis theotherwise filinginvolved of824 awith 823the complaintchild inwho juvenileis courtthe orsubject of criminalthe chargesreport; in another 824 court.

825 (2)(a)(d) AThe persongeneral maystatus requestof the informationhealth specifiedand insafety 826 division (K)(1) of this section only if, at the time826 thechild reportwho 827 is made, the person'ssubject name,of address,the andreport; telephone number are 828 H.

827 Sub.

H.

635 Page 29 As IntroducedReported providedby tothe House Children and Human Services Committee (e) Whether the personreport whohas receivesresulted in the report.filing of a 828 complaint in juvenile court or of criminal charges in another 829 court.

829 (b) When a peace officer or employee of a public children 830 services(2)(a) agencyA receivesperson amay reportrequest pursuantthe toinformation divisionspecified (A)in or 831 (B)division (K)(1) of this section theonly recipientif, ofat the reporttime shall inform the report 832 personis ofmade, the rightperson's toname, requestaddress, theand informationtelephone describednumber inare 833 divisionprovided (K)(1)to ofthe thisperson section.who receives the report.

The recipient of the report 834 shall(b) includeWhen ina thepeace initialofficer childor abuseemployee orof childa neglectpublic reportchildren 835 thatservices theagency personreceives makinga the report waspursuant soto informeddivision and,(A) ifor 836 provided(B) atof thethis timesection of the makingrecipient of the report,report shall includeinform the 837 person of the person'sright name,to address,request andthe telephoneinformation numberdescribed in the838 report.division (K)(1) of this section.

838The (c)recipient Ifof the person making the report provides the person's 839 nameshall andinclude contactin information on making the report,initial thechild publicabuse 840or childrenchild servicesneglect agencyreport 840 that receivedthe orperson wasmaking referred the 841 report shallwas sendso ainformed writtenand, noticeif via841 Unitedprovided Statesat mailthe ortime 842of electronicthe mail,making inof accordance with the person'sreport, preference,shall toinclude 843842 the personperson's notname, lateraddress, thanand seventelephone calendarnumber daysin after receipt of 844 the report.

The843 notice(c) shallIf providethe person making the statusreport ofprovides the agency'sperson's 845844 investigationname intoand thecontact reportinformation made,on whomaking the personreport, maythe contactpublic 846845 atchildren theservices agency forthat furtherreceived information,or andwas referred the 846 report shall send a descriptionwritten ofnotice thevia United States mail or 847 electronic mail, in accordance with the person's rightspreference, underto division848 (K)(1)the person not later than seven calendar days after receipt of this849 section.the report.

848The (d)notice Eachshall requestprovide isthe subjectstatus toof verificationthe ofagency's 850 investigation into the 849report identitymade, ofwho the person makingmay contact 851 at the report.agency for further information, and a description of the 852 person's rights under division (K)(1) of this section.

If853 that(d) person'sEach 850request identity is verified,subject theto agencyverification shall provide the person with 851 the information described in division (K)(1) of this section a 852 reasonable number of times, except that the agency shall not 853 disclose any confidential information regarding the child who is 854 theidentity subject of the reportperson othermaking than the informationreport. described 855 in those divisions.

856If (3)that Aperson's request855 madeidentity pursuantis toverified, divisionthe (K)(1)agency ofshall thisprovide 857the sectionperson iswith not856 athe substituteinformation fordescribed anyin reportdivision required(K)(1) toof bethis madesection 858a H.857 Sub.

H.

635 Page 30 As IntroducedReported pursuantby tothe divisionHouse (A)Children and Human Services Committee reasonable number of thistimes, section.except that the agency shall not 858 disclose any confidential information regarding the child who is 859 the subject of the report other than the information described 860 in those divisions.

859861 (4)(3) IfA anrequest agencymade otherpursuant thanto thedivision agency(K)(1) thatof receivedthis or862 860section was referred the report is conductingnot thea investigationsubstitute offor theany 861 report pursuantrequired to sectionbe 2151.422made of the Revised Code, the 862 agency conducting the investigation shall comply with the 863 requirementspursuant ofto division (K)(A) of this section.

864 (5)(4) AIf healthan careagency professionalother whothan madethe aagency reportthat underreceived 865 division (A) of this section, or on865 whosewas behalfreferred suchthe a report 866is wasconducting madethe asinvestigation provided in division (A)(1)(c) of thisthe section,866 mayreport 867pursuant authorize a person to obtainsection the2151.422 information described in 868 division (K)(1) of this section if the personRevised requestingCode, the 869867 informationagency isconducting associated with or acting on behalf of the healthinvestigation 870shall carecomply professionalwith who provided health care services to the child868 871requirements aboutof whomdivision the(K) reportof wasthis made.section.

872869 (6)(5) IfA thehealth personcare makingprofessional thewho made a report providesunder the870 person'sdivision 873(A) nameof andthis contactsection, informationor on makingwhose thebehalf report,such thea publicreport 874871 childrenwas servicesmade agencyas thatprovided receivedin ordivision was(A)(1)(c) referredof thethis 875section, reportmay shall872 sendauthorize a writtenperson noticeto viaobtain Unitedthe Statesinformation maildescribed orin 876873 electronicdivision mail,(K)(1) inof accordancethis withsection if the person'sperson preference,requesting tothe 877874 theinformation personis notassociated laterwith thanor sevenacting calendaron daysbehalf afterof the agencyhealth 878875 closescare theprofessional investigationwho intoprovided health care services to the casechild reported876 byabout whom the person.report was made.

877 (6) If the person making the report provides the person's 878 name and contact information on making the report, the public 879 Thechildren noticeservices agency that received or was referred the 880 report shall notifysend a written notice via United States mail or 881 electronic mail, in accordance with the person's preference, to 882 the person thatnot later than seven calendar days after the agency has883 closedcloses 880the investigation into the investigation.case reported by the person.

881884 (L)(1) The directornotice ofshall childrennotify andthe youthperson shallthat adoptthe 882agency ruleshas inclosed accordance885 withthe Chapterinvestigation. 119.

of886 theSub. Revised Code to 883 implement this section.

TheH. department of children and youth may 884 enter into a plan of cooperation with any other governmental 885 entity to aid in ensuring that children are protected from abuse 886 and neglect.

The department shall make recommendations to the 887 attorney general that the department determines are necessary to 888 H.

635 Page 31 As IntroducedReported protectby childrenthe fromHouse childChildren abuseand Human Services Committee (L)(1) The director of children and childyouth neglect.shall adopt 887 rules in accordance with Chapter 119.

889 (2) The director of childrenthe andRevised youthCode shallto adopt888 rulesimplement 890this insection. accordance with Chapter 119.

ofThe thedepartment Revisedof Codechildren toand identifyyouth 891may the889 typesenter ofinto neglect of a childplan thatof acooperation publicwith childrenany servicesother 892governmental agency890 shallentity be required to notifyaid lawin enforcementensuring ofthat pursuantchildren 893are toprotected divisionfrom (E)(2)(c)(ii)abuse of891 thisand section.neglect.

894The (M)department Whoevershall violatesmake divisionrecommendations (A)to ofthe this892 sectionattorney isgeneral 895that liablethe fordepartment compensatorydetermines andare exemplarynecessary damages to the893 childprotect whochildren 896from wouldchild haveabuse beenand thechild subjectneglect. of the report that was not made.

A894 897(2) personThe whodirector brings a civil action or proceeding pursuant to this 898 division against a person who is alleged to have violated 899 division (A)(1) of thischildren sectionand mayyouth useshall inadopt therules action895 or 900 proceeding reports of other incidents of known or suspected 901 abuse or neglect, provided that any information in aaccordance reportwith thatChapter 902119. would identify the child who is the subject of the report or the 903 maker of the report, if the maker is not the defendant or an 904 agent or employee of the defendant, has been redacted.

905of (N)(1)the AsRevised usedCode into identify 896 the types of neglect of a child that a public children services 897 agency shall be required to notify law enforcement of pursuant 898 to division (E)(2)(c)(ii) of this division:section.

906899 (a)(M) "Out-of-homeWhoever care"violates includesdivision a(A) nonchartered nonpublic 907 school if the alleged child abuse or child neglect, or alleged 908 threat of childthis abusesection oris child900 neglect,liable describedfor incompensatory a report 909 received by a public children services agency allegedly occurred 910 in or involved the nonchartered nonpublic school and theexemplary allegeddamages 911to perpetrator named in the reportchild holdswho a901 certificate,would permit,have orbeen 912 license issued by the statesubject board of educationthe underreport sectionthat 913was 3301.071not ormade. Chapter 3319.

A 902 person who brings a civil action or proceeding pursuant to this 903 division against a person who is alleged to have violated 904 division (A)(1) of this section may use in the Revisedaction Code.or 905 proceeding reports of other incidents of known or suspected 906 abuse or neglect, provided that any information in a report that 907 would identify the child who is the subject of the report or the 908 maker of the report, if the maker is not the defendant or an 909 agent or employee of the defendant, has been redacted.

914910 (b)(N)(1) "Administrator,As director,used orin otherthis chiefdivision: 915 administrative officer" means the superintendent of the school 916 district if the out-of-home care entity subject to a report made 917 H.

911 (a) "Out-of-home care" includes a nonchartered nonpublic 912 school if the alleged child abuse or child neglect, or alleged 913 threat of child abuse or child neglect, described in a report 914 received by a public children services agency allegedly occurred 915 in or involved the nonchartered nonpublic school and the alleged 916 Sub.

H.

635 Page 32 As IntroducedReported pursuantby tothe thisHouse sectionChildren isand Human Services Committee perpetrator named in the report holds a schoolcertificate, operatedpermit, or 917 license issued by the district.state board of education under section 918 3301.071 or Chapter 3319.

918 (2) No later than the end of the dayRevised followingCode. the day on 919 which a public children services agency receives a report of 920 alleged child abuse or child neglect, or a report of an alleged 921 threat of child abuse or child neglect, that allegedly occurred 922 in or involved an out-of-home care entity, the agency shall 923 provide written notice of the allegations contained in and the 924 person named as the alleged perpetrator in the report to the 925 administrator, director, or other chief administrative officer 926 of the out-of-home care entity that is the subject of the report 927 unless the administrator, director, or other chief 928 administrative officer is named as an alleged perpetrator in the 929 report.

If919 the(b) administrator,"Administrator, director, or other chief 930920 administrative officerofficer" ofmeans anthe out-of-homesuperintendent care entity is named as 931 an alleged perpetrator in a report of allegedthe childschool abuse921 ordistrict 932if child neglect, or a report of an alleged threat of child abuse 933 or child neglect, that allegedly occurred in or involved the 934 out-of-home care entity,entity thesubject agencyto shalla providereport themade written922 935pursuant notice to thethis ownersection oris governinga boardschool ofoperated theby out-of-home care 936 entity that is the subjectdistrict. of the report.

The923 (2) No later than the end of the day following the day on 924 which a public children services agency shallreceives nota 937report of 925 alleged child abuse or child neglect, or a report of an alleged 926 threat of child abuse or child neglect, that allegedly occurred 927 in or involved an out-of-home care entity, the agency shall 928 provide witnesswritten statementsnotice of the allegations contained in and the 929 person named as the alleged perpetrator in the report to the 930 administrator, director, or policeother chief administrative officer 931 of the out-of-home care entity that is the subject of the report 932 unless the administrator, director, or other investigativechief 938933 reports.administrative officer is named as an alleged perpetrator in the 934 report.

939If (3) No later than three days after the dayadministrator, ondirector, whichor aother 940chief public935 childrenadministrative servicesofficer agency that conducted the investigation 941 as determined pursuant to section 2151.422 of thean Revisedout-of-home Codecare 942entity makesis anamed dispositionas of936 an investigationalleged involvingperpetrator in a report of 943 alleged child abuse or 937 child neglect, or a report of an alleged 944 threat of child abuse 938 or child neglect, that allegedly occurred 945 in or involved anthe 939 out-of-home care entity, the agency shall sendprovide 946the written 940 notice ofto the dispositionowner ofor thegoverning investigationboard toof the 947out-of-home administrator,care director,941 orentity otherthat chiefis administrativethe officersubject 948of H.the report.

The agency shall not 942 provide witness statements or police or other investigative 943 reports.

944 (3) No later than three days after the day on which a 945 public children services agency that conducted the investigation 946 Sub.

H.

635 Page 33 As IntroducedReported by the House Children and Human Services Committee as determined pursuant to section 2151.422 of the Revised Code 947 makes a disposition of an investigation involving a report of 948 alleged child abuse or child neglect, or a report of an alleged 949 threat of child abuse or child neglect, that allegedly occurred 950 in or involved an out-of-home care entity, the agency shall send 951 written notice of the disposition of the investigation to the 952 administrator, director, or other chief administrative officer 953 and the owner or governing board of the out-of-home care entity.

949954 The agency shall not provide witness statements or police or 950955 other investigative reports.

951956 (O) As used in this section:

952957 (1) "Children's advocacy center" and "sexual abuse of a 953958 child" have the same meanings as in section 2151.425 of the 954959 Revised Code.

955960 (2) "Health care professional" means an individual who 956961 provides health-related services.

"Health care professional" 957962 includes all of the following:

a physician, including a hospital 958963 intern or resident;

a registered nurse, 959964 including such a nurse who is an advanced practice registered 960965 nurse;

a licensed 961966 psychologist;

a 962967 person engaged in social work or the practice of professional 963968 counseling;

"Health 964969 care professional" does not include a practitioner of a limited 965970 branch of medicine as specified in section 4731.15 of the 966971 Revised Code, licensed school psychologist, independent marriage 967972 and family therapist or marriage and family therapist, or 968973 coroner.

969974 (3) "Investigation" means the public children services 970975 agency's response to an accepted report of child abuse or 971976 neglectSub. through either an alternative response or a traditional 972 response.

973H. (4) "Peace officer" means a sheriff, deputy sheriff, 974 constable, police officer of a township or joint police 975 district, marshal, deputy marshal, municipal police officer, or 976 a state highway patrol trooper.

977 H.

635 Page 34 As IntroducedReported Sec.by the House Children and Human Services Committee neglect through either an alternative response or a traditional 977 response.

978 (4) "Peace officer" means a sheriff, deputy sheriff, 979 constable, police officer of a township or joint police 980 district, marshal, deputy marshal, municipal police officer, or 981 a state highway patrol trooper.

982 Sec.

A public children services agency shall 978983 disclose confidential information discovered during an 979984 investigation conducted pursuant to section 2151.421 or 2151.422 980985 of the Revised Code to any federal, state, or local government 981986 entity, including any appropriate military authority or, any 982987 prevention services provider to the family, or another public 983988 children services agency, that needs the information to carry 984989 out its responsibilities to protect children from abuse or 985990 neglect.

986991 Information disclosed pursuant to this section is 987992 confidential and is not subject to disclosure pursuant to 988993 section 149.43 or 1347.08 of the Revised Code by the agency to 989994 whom the information was disclosed.

The agency receiving the 990995 information shall maintain the confidentiality of information 991996 disclosed pursuant to this section.

992997 Sec.

(A) The differential response approach, as 993998 defined in section 2151.011 of the Revised Code, pursued by a 994999 public children services agency shall include two response 9951000 pathways, the traditional response pathway and the alternative 9961001 response pathway.

The director of children and youth shall adopt 9971002 rules pursuant to Chapter 119.

of the Revised Code setting forth 9981003 the procedures and criteria for public children services 9991004 agencies to assign and reassign response pathways.

10001005 (B)Sub. The agency shall use the traditional response for the 1001 following types of accepted reports:

1002H. (1) Physical abuse resulting in serious injury or that 1003 creates a serious and immediate risk to a child's health and 1004 safety.

1005 (2) Sexual abuse.

1006 H.

635 Page 35 As IntroducedReported (3)by Childthe fatality.House Children and Human Services Committee (B) The agency shall use the traditional response for the 1006 following types of accepted reports:

1007 (4)(1) ReportsPhysical requiringabuse aresulting specializedin assessmentserious asinjury or that 1008 identifiedcreates bya ruleserious adoptedand byimmediate therisk department.to a child's health and 1009 safety.

1009 (5) Reports requiring a third party investigative 1010 procedure(2) asSexual identifiedabuse. by rule adopted by the department.

1011 (C)(3) ForChild allfatality. other child abuse and neglect reports, an 1012 alternative response shall be the preferred response, whenever 1013 appropriate and in accordance with rules adopted by the 1014 department.

10151012 Sec.(4) Reports requiring a specialized assessment as 1013 identified by rule adopted by the department.

1014 (5) Reports requiring a third party investigative 1015 procedure as identified by rule adopted by the department.

1016 (C) For all other child abuse and neglect reports, an 1017 alternative response shall be the preferred response, whenever 1018 appropriate and in accordance with rules adopted by the 1019 department.

1020 Sec.

(A) A public children services agency that 10161021 jointly investigates a report of child abuse or neglect with 10171022 another public children services agency in accordance with 10181023 division (G)(2) of section 2151.421 of the Revised Code shall 10191024 share case information with the other agency as needed or 10201025 requested, regardless of whether the agencies have determined 10211026 which agency shall serve as the lead agency under division (E) 10221027 (3) of section 2151.421 of the Revised Code.

10231028 (B) If custody or supervision of a child transfers from a 10241029 public children services agency of one county to a public 10251030 children services agency of another county, the agency that 10261031 previously had custody or supervision of the child shall 10271032 transfer all information regarding the child, including any case 10281033 plan,Sub. to the other agency and share all information that is 1029 necessary to serve the well-being of the child.

1030H. (C) Nothing in Chapter 2151.

of the Revised Code prevents 1031 a public children services agency from cooperating or sharing 1032 case management duties or other responsibilities with another 1033 public children services agency as necessary.

1034 Sec.

2151.4235.

(A) A law enforcement agency shall enter 1035 H.

635 Page 36 As IntroducedReported inby the uniformHouse statewideChildren automatedand childHuman welfareServices informationCommittee 1036plan, systemto established in section 5180.40 of the Revisedother Codeagency all 1037 alleged incidents of the offense of domestic violence and theshare 1038all addressinformation wherethat theis alleged1034 offensenecessary occurredto thatserve the lawwell-being 1039of enforcement agency responded to in the precedingchild. week.

10401035 (B)(C) ANothing public children services agency that is 1041 investigating a report of child abuse or neglect under section 1042 2151.421 of the Revised Code or has filed a complaint pursuant 1043 to section 2151.27 of the Revised Code shall make an examination 1044 of the statewide automated child welfare information system to 1045 determine if any alleged offense documented in divisionChapter (A)2151. of 1046 this section involves the child who is the subject of an 1047 investigation or complaint.

1048of Sec.the Revised Code prevents 1036 a public children services agency from cooperating or sharing 1037 case management duties or other responsibilities with another 1038 public children services agency as necessary.

1039 Sec.

2151.4235.

(A) A law enforcement agency shall submit 1040 to the public children services agency all alleged incidents of 1041 the offense of domestic violence when law enforcement has reason 1042 to believe that a child resides in the home, and the address 1043 where the alleged offense occurred that the law enforcement 1044 agency responded to in the preceding week.

1045 (B) A public children services agency shall enter in the 1046 uniform statewide automated child welfare information system 1047 established under section 5180.40 of the Revised Code all 1048 incidents reported under division (A) of this section.

1049 (C) A public children services agency that is 1050 investigating a report of child abuse or neglect under section 1051 2151.421 of the Revised Code or has filed a complaint pursuant 1052 to section 2151.27 of the Revised Code shall make an examination 1053 of the statewide automated child welfare information system to 1054 determine if any alleged offense documented in division (A) of 1055 this section involves the child who is the subject of an 1056 investigation or complaint.

1057 Sec.

(A)(A)(A)(1) A public children services agency 1058 or 1049 private child placing agency with custody of a child who is 10501059 under the care and supervision of a residential facility shall 10511060 conduct a monthly weekly in-person visit visits to the 1052 residential 1061 facility to determine the well-being of the child.child as follows:

10531062 TheSub. agency shall maintain documentation of each visit and 1054 report each visit as well as concerns about the child to the 1055 department of children and youth in accordance with rules 1056 adopted under division (B)(C) of this section.

1057H. (B) (B)(1) The department shall monitor whether an agency 1058 is in compliance with division (A) of this section.

With regard 1059 to each residential facility in this state, the department shall 1060 submit on a quarterly basis a compliance report to the county 1061 commissioners of the county in which the residential facility is 1062 located.

1063 (2) If an agency is in compliance with division (A) of 1064 H.

635 Page 37 As IntroducedReported thisby section, the countyHouse inChildren whichand theHuman agencyServices isCommittee located(a) shallOne 1065face-to-face receivevisit accesswith tothe fundingchild thatduring isthe appropriatedfirst from1063 theweek generalof 1066placement, revenuenot fundincluding tothe incentivizefirst bestday practices.of placement;

If1064 an(b) agencyOne isface-to-face notvisit 1067 in compliance with division (A) of this section, the countychild intwice 1068monthly, which1065 the agency is located shall not receivewithin accessthe tosame suchweek; 1069 funding.

10701066 (C)(c) NotOne latervisit thanwith ninetythe dayschild aftervia thevideoconferencing effectiveor dateany 1067 similar form of 1071technology thisa sectionAprilminimum 3,of 2025,once a week during the director1068 weeks when a face-to-face visit is not required under division 1069 (A)(1)(b) of childrenthis andsection, youthexcept 1072the agency shall adoptarrange rulesa 1070 visit between the child and a service provider involved in accordancethe with1071 Chapterchild's 119.case plan via telephone, videoconferencing, or any 1072 similar form of technology when a caseworker is unable to visit 1073 under this division.

1074 (2) A caseworker employed by the agency that has full 1075 responsibility for case planning and case management of the Revised1076 1073child's Codecase toshall establishconduct bothat least one of the following:monthly visits 1077 required under division (A)(1)(b) of this section.

1074Any (1)other Criteria1078 forvisits determiningmay whetherbe anconducted by a caseworker employed by another 1079 agency shallcontracted 1075by reportthe aagency concernthat has full responsibility for 1080 case planning and case management of the child's case to provide 1081 services for the department;case.

10761082 (2)(3) CriteriaThe foragency determiningshall whethermaintain andocumentation agencyof shalleach 1077visit conduct1083 aand mandatoryreport revieweach ofvisit theas placementwell ofas concerns about the child 1078 pursuant to sectionthe 2151.4681084 department of thechildren Revisedand Code.youth in accordance with rules 1085 adopted under division (B)(C) of this section.

10791086 Sec.(B) (B)(1) The department shall monitor whether an agency 1087 is in compliance with division (A) of this section.

With regard 1088 to each residential facility in this state, the department shall 1089 submit on a quarterly basis a compliance report to the county 1090 commissioners of the county in which the residential facility is 1091 Sub.

H.

B.

No.

635 Page 38 As Reported by the House Children and Human Services Committee located.

1092 (2) If an agency is in compliance with division (A) of 1093 this section, the county in which the agency is located shall 1094 receive access to funding that is appropriated from the general 1095 revenue fund to incentivize best practices.

If an agency is not 1096 in compliance with division (A) of this section, the county in 1097 which the agency is located shall not receive access to such 1098 funding.

1099 (C) Not later than ninety days after the effective date of 1100 this section, the The director of children and youth shall adopt 1101 rules in accordance with Chapter 119.

of the Revised Code to 1102 establish both of the following:

1103 (1) Criteria for determining whether an agency shall 1104 report a concern to the department;

1105 (2) Criteria for determining whether an agency shall 1106 conduct a mandatory review of the placement of the child 1107 pursuant to section 2151.468 of the Revised Code.

1108 Sec.

(A) A public children services agency or 10801109 private child placing agency with custody of a child who is 10811110 under the care and supervision of a residential facility shall 10821111 review the placement of the child if any of the following occur:

10831112 (1) The child presents to an emergency department or is 10841113 admitted to a hospital for an injury or mental health crisis.

10851114 (2) A police report is generated with regard to the child.

10861115 (3) During a monthly weekly visit, the agency has 1087 determined that 1116 a review is necessary pursuant to rules adopted 1088 under section 1117 2151.467 of the Revised Code.

10891118 (B) A review of the placement of a child under division 10901119 (A)Sub. of this section shall include a determination of whether the 1091 residential facility is an appropriate setting and is providing 1092 H.

H.

635 Page 3839 As IntroducedReported by the House Children and Human Services Committee (A) of this section shall include a determination of whether the 1120 residential facility is an appropriate setting and is providing 1121 a satisfactory level of care for the child.

10931122 (C) The public children services agency or private child 10941123 placing agency shall notify the operator of the residential 10951124 facility of the results of a review under division (A) of this 10961125 section and any action that the agency plans to take with regard 10971126 to the child as a result of the review.

10981127 (D) Not later than ninety days after the effective date of 10991128 this sectionAprilsection, 3, 2025, the The department of children and youth 1100 shall 1129 adopt rules in accordance with Chapter 119.

of the Revised 1101 Code 1130 to establish guidelines for reviewing the placement of a 1102 child 1131 under this section, including review criteria, 1103 circumstances 1132 that would require a change in the placement of 1104 the child, and a 1133 timeline for conducting review and taking 1105 appropriate action.

11061134 Sec.

11071135 (1) "Employee" means any person who performs a service for 11081136 wages or other remuneration for an employer.

11091137 (2) "Employer" means any governmental entity that employs 11101138 one or more employees, including the state or any agency or 11111139 instrumentality of the state, and any municipal corporation, 11121140 county, township, school district, or any agency or 11131141 instrumentality thereof.

11141142 (B)(1) No employer shall take any disciplinary or 11151143 retaliatory action against an employee who shares information 11161144 with a federal, state, or local government entity regarding a 11171145 child in accordance with state or federal law in order to 11181146 protect the child's welfare.

For purposes of this division, 11191147 disciplinary or retaliatory action by the employer includes 11201148 doingSub. any of the following:

1121 H.

635 Page 3940 As IntroducedReported (a)by Removingthe orHouse suspendingChildren theand personHuman fromServices employment;Committee doing any of the following:

11221149 (b)(a) WithholdingRemoving from the person salary increases or 1123suspending employee benefits to which the person isfrom otherwiseemployment; entitled;

11241150 (c)(b) TransferringWithholding from the person salary increases or reassigning1151 employee benefits to which the person;person is otherwise entitled;

11251152 (d)(c) DenyingTransferring theor personreassigning a promotion that the personperson; 1126 otherwise would have received;

11271153 (e)(d) ReducingDenying the person ina paypromotion orthat position.the person 1154 otherwise would have received;

11281155 (2)(e) IfReducing an employer takes any disciplinary or retaliatory 1129 action against a person who shares information as described in 1130 division (B)(1) of this section, the person may bring a civil 1131 action for appropriate injunctive relief in apay courtor ofposition. common 1132 pleas in accordance with the Rules of Civil Procedure.

The1156 1133(2) court,If inan renderingemployer atakes judgmentany fordisciplinary theor personretaliatory in1157 an action 1134against broughta pursuantperson towho thisshares division,information may order, as itdescribed determinesin 11351158 appropriate,division reinstatement(B)(1) of thethis personsection, to the same position 1136 that the person heldmay atbring thea timecivil of1159 theaction disciplinaryfor orappropriate 1137injunctive retaliatoryrelief action,in thea paymentcourt of backcommon wages,1160 fullpleas 1138in reinstatementaccordance ofwith fringethe benefitsRules and seniority rights, or any 1139 combination of theseCivil remedies.Procedure.

The court1161 alsocourt, in rendering a judgment for the person in an action 1162 brought pursuant to this division, may awardorder, as it determines 1163 appropriate, reinstatement of the 1140person prevailingto partythe allsame orposition a1164 portionthat the person held at the time of the costsdisciplinary or 1165 retaliatory action, the payment of litigation.back wages, full 1166 reinstatement of fringe benefits and seniority rights, or any 1167 combination of these remedies.

IfThe 1141 the person who brought the action prevails in the action, the 1142 court also may award the 1168 prevailing personparty reasonableall attorney'sor 1143a fees,portion witnessof fees, and fees for experts who testify at trial, 1144 in an amount the courtcosts determinesof appropriate.litigation.

1145If Sec.1169 the person who brought the action prevails in the action, the 1170 court may award the prevailing person reasonable attorney's 1171 fees, witness fees, and fees for experts who testify at trial, 1172 in an amount the court determines appropriate.

1173 Sec.

(A) No person shall purposely, and with 11461174 prior calculation and design, cause the death of another or the 11471175 unlawful termination of another's pregnancy.

11481176 (B)Sub. No person shall purposely cause the death of another 1149 or the unlawful termination of another's pregnancy while 1150 H.

H.

635 Page 4041 As IntroducedReported by the House Children and Human Services Committee (B) No person shall purposely cause the death of another 1177 or the unlawful termination of another's pregnancy while 1178 committing or attempting to commit, or while fleeing immediately 11511179 after committing or attempting to commit, kidnapping, rape, 11521180 aggravated arson, arson, aggravated robbery, robbery, aggravated 11531181 burglary, burglary, trespass in a habitation when a person is 11541182 present or likely to be present, terrorism, or escape.

11551183 (C) No person shall purposely cause the death of another 11561184 who is under thirteen eighteen years of age at the time of the 11571185 commission of the offense.

11581186 (D) No person who is under detention as a result of having 11591187 been found guilty of or having pleaded guilty to a felony or who 11601188 breaks that detention shall purposely cause the death of 11611189 another.

11621190 (E) No person shall purposely cause the death of a law 11631191 enforcement officer whom the offender knows or has reasonable 11641192 cause to know is a law enforcement officer when either of the 11651193 following applies:

11661194 (1) The victim, at the time of the commission of the 11671195 offense, is engaged in the victim's duties.

11681196 (2) It is the offender's specific purpose to kill a law 11691197 enforcement officer.

11701198 (F) No person shall purposely cause the death of a first 11711199 responder or military member whom the offender knows or has 11721200 reasonable cause to know is a first responder or military member 11731201 when it is the offender's specific purpose to kill a first 11741202 responder or military member.

11751203 (G) Whoever violates this section is guilty of aggravated 11761204 murder, and shall be punished as provided in section 2929.02 of 11771205 theSub. Revised Code.

1178 H.

635 Page 4142 As IntroducedReported (H)by Asthe usedHouse inChildren thisand section:Human Services Committee the Revised Code.

11791206 (1)(H) "Detention"As hasused the same meaning as in sectionthis 2921.01section: 1180 of the Revised Code.

11811207 (2)(1) "Law"Detention" enforcement officer" has the same meaning as in 1182 section 2911.012921.01 of1208 the Revised Code and also includes any 1183 federal law enforcement officer as defined in section 2921.51 of 1184 the Revised CodeCode. and anyone who has previously served as a law 1185 enforcement officer or federal law enforcement officer.

11861209 (3)(2) "First"Law responder"enforcement meansofficer" anhas emergencythe medicalsame servicemeaning 1187as provider,in a1210 firefighter,section or2911.01 of the Revised Code and also includes any other1211 emergencyfederal responselaw 1188enforcement personnel,officer oras defined in section 2921.51 of 1212 the Revised Code and anyone who has previously served as a firstlaw 11891213 responder.enforcement officer or federal law enforcement officer.

11901214 (4)(3) "Military"First member"responder" means aan memberemergency ofmedical theservice armed1215 forcesprovider, 1191 of the United States, reserves, or Ohio national guard, a 1192firefighter, participant in ROTC, JROTC, or any similarother militaryemergency trainingresponse 11931216 program,personnel, or anyone who has previously served inas thea military.first 1217 responder.

11941218 Sec.(4) "Military member" means a member of the armed forces 1219 of the United States, reserves, or Ohio national guard, a 1220 participant in ROTC, JROTC, or any similar military training 1221 program, or anyone who has previously served in the military.

1222 Sec.

(A) No person shall knowingly do either of 11951223 the following:

11961224 (1) Cause serious physical harm to another or to another's 11971225 unborn;

11981226 (2) Cause or attempt to cause physical harm to another or 11991227 to another's unborn by means of a deadly weapon or dangerous 12001228 ordnance.

12011229 (B) No person, with knowledge that the person has tested 12021230 positive as a carrier of a virus that causes acquired 12031231 immunodeficiency syndrome, shall knowingly do any of the 12041232 following:

12051233 (1)Sub. Engage in sexual conduct with another person without 1206 H.

H.

635 Page 4243 As IntroducedReported by the House Children and Human Services Committee (1) Engage in sexual conduct with another person without 1234 disclosing that knowledge to the other person prior to engaging 12071235 in the sexual conduct;

12081236 (2) Engage in sexual conduct with a person whom the 12091237 offender knows or has reasonable cause to believe lacks the 12101238 mental capacity to appreciate the significance of the knowledge 12111239 that the offender has tested positive as a carrier of a virus 12121240 that causes acquired immunodeficiency syndrome;

12131241 (3) Engage in sexual conduct with a person under eighteen 12141242 years of age who is not the spouse of the offender.

12151243 (C) The prosecution of a person under this section does 12161244 not preclude prosecution of that person under section 2907.02 of 12171245 the Revised Code.

12181246 (D)(1)(a) Whoever violates this section is guilty of 12191247 felonious assault.

Except as otherwise provided in this division 12201248 or division (D)(1)(b) of this section, felonious assault is a 12211249 felony of the second degree.

If the victim of a violation of 12221250 division (A) of this section is a peace officer or an 12231251 investigator of the bureau of criminal identification and 12241252 investigation, felonious assault is a felony of the first 12251253 degree.

12261254 (b) Regardless of whether the felonious assault is a 12271255 felony of the first or second degree under division (D)(1)(a) of 12281256 this section, if the offender also is convicted of or pleads 12291257 guilty to a specification as described in section 2941.1423 of 12301258 the Revised Code that was included in the indictment, count in 12311259 the indictment, or information charging the offense, except as 12321260 otherwise provided in this division or unless a longer prison 12331261 term is required under any other provision of law, the court 12341262 shallSub. sentence the offender to a mandatory prison term as 1235 H.

H.

635 Page 4344 As IntroducedReported by the House Children and Human Services Committee shall sentence the offender to a mandatory prison term as 1263 provided in division (B)(8) of section 2929.14 of the Revised 12361264 Code.

If the victim of the offense is a peace officer or an 12371265 investigator of the bureau of criminal identification and 12381266 investigation, and if the victim suffered serious physical harm 12391267 as a result of the commission of the offense, felonious assault 12401268 is a felony of the first degree, and the court, pursuant to 12411269 division (F) of section 2929.13 of the Revised Code, shall 12421270 impose as a mandatory prison term one of the definite prison 12431271 terms prescribed for a felony of the first degree in division 12441272 (A)(1)(b) of section 2929.14 of the Revised Code, except that if 12451273 the violation is committed on or after the effective date of 12461274 this amendment March 22, 2019, the court shall impose as the 12471275 minimum prison term for the offense a mandatory prison term that 12481276 is one of the minimum terms prescribed for a felony of the first 12491277 degree in division (A)(1)(a) of section 2929.14 of the Revised 12501278 Code.

12511279 (2) In addition to any other sanctions imposed pursuant to 12521280 division (D)(1) of this section for felonious assault committed 12531281 in violation of division (A)(1) or (2) of this section, if the 12541282 offender also is convicted of or pleads guilty to a 12551283 specification of the type described in section 2941.1425 of the 12561284 Revised Code that was included in the indictment, count in the 12571285 indictment, or information charging the offense, the court shall 12581286 sentence the offender to a mandatory prison term under division 12591287 (B)(9) of section 2929.14 of the Revised Code.

12601288 (3) If the victim of a felonious assault committed in 12611289 violation of division (A) of this section is a child under ten 12621290 eighteen years of age or is a person over sixty-five years of 12631291 age, and if the offender also is convicted of or pleads guilty 12641292 to a specification of the type described in section 2941.1426 of 12651293 theSub. Revised Code that was included in the indictment, count in 1266 H.

H.

635 Page 4445 As IntroducedReported by the House Children and Human Services Committee the Revised Code that was included in the indictment, count in 1294 the indictment, or information charging the offense, in addition 12671295 to any other sanctions imposed pursuant to division (D)(1) of 12681296 this section, the court shall sentence the offender to a 12691297 mandatory prison term pursuant to division (B)(10) of section 12701298 2929.14 of the Revised Code.

12711299 (4) In addition to any other sanctions imposed pursuant to 12721300 division (D)(1) of this section for felonious assault committed 12731301 in violation of division (A)(2) of this section, if the deadly 12741302 weapon used in the commission of the violation is a motor 12751303 vehicle, the court shall impose upon the offender a class two 12761304 suspension of the offender's driver's license, commercial 12771305 driver's license, temporary instruction permit, probationary 12781306 license, or nonresident operating privilege as specified in 12791307 division (A)(2) of section 4510.02 of the Revised Code.

12801308 (E) As used in this section:

12811309 (1) "Deadly weapon" and "dangerous ordnance" have the same 12821310 meanings as in section 2923.11 of the Revised Code.

12831311 (2) "Motor vehicle" has the same meaning as in section 12841312 4501.01 of the Revised Code.

12851313 (3) "Peace officer" has the same meaning as in section 12861314 2935.01 of the Revised Code.

12871315 (4) "Sexual conduct" has the same meaning as in section 12881316 2907.01 of the Revised Code, except that, as used in this 12891317 section, it does not include the insertion of an instrument, 12901318 apparatus, or other object that is not a part of the body into 12911319 the vaginal or anal opening of another, unless the offender knew 12921320 at the time of the insertion that the instrument, apparatus, or 12931321 other object carried the offender's bodily fluid.

12941322 (5)Sub. "Investigator of the bureau of criminal identification 1295 H.

H.

635 Page 4546 As IntroducedReported by the House Children and Human Services Committee (5) "Investigator of the bureau of criminal identification 1323 and investigation" means an investigator of the bureau of 12961324 criminal identification and investigation who is commissioned by 12971325 the superintendent of the bureau as a special agent for the 12981326 purpose of assisting law enforcement officers or providing 12991327 emergency assistance to peace officers pursuant to authority 13001328 granted under section 109.541 of the Revised Code.

13011329 (6) "Investigator" has the same meaning as in section 13021330 109.541 of the Revised Code.

13031331 (F) The provisions of division (D)(2) of this section and 13041332 of division (F)(20) of section 2929.13, divisions (B)(9) and (C) 13051333 (6) of section 2929.14, and section 2941.1425 of the Revised 13061334 Code shall be known as "Judy's Law." 13071335 Sec.

(A)(1) No person, who is the parent, 13081336 guardian, custodian, person having custody or control, or person 13091337 in loco parentis of a child under eighteen years of age or a 13101338 child with a mental or physical disability under twenty-one 13111339 years of age, shall create a substantial risk to the health or 13121340 safety of the child, by violating a duty of care, protection, or 13131341 support.

It is not a violation of a duty of care, protection, or 13141342 support under this division when the parent, guardian, 13151343 custodian, or person having custody or control of a child treats 13161344 the physical or mental illness or disability of the child by 13171345 spiritual means through prayer alone, in accordance with the 13181346 tenets of a recognized religious body.

13191347 (2) No person who has been granted temporary care or 13201348 supervision of a child by the child's parent, guardian, or 13211349 custodian shall, without the express consent of the child's 13221350 parent, guardian, or custodian, negligently leave the child in 13231351 the care, custody, or control of another individual who has 13241352 previouslySub. been convicted of or pleaded guilty to a violation of 1325 H.

H.

635 Page 4647 As IntroducedReported by the House Children and Human Services Committee previously been convicted of or pleaded guilty to a violation of 1353 this section.

13261354 (B) No person shall do any of the following to a child 13271355 under eighteen years of age or a child with a mental or physical 13281356 disability under twenty-one years of age:

13291357 (1) Abuse the child;

13301358 (2) Torture or cruelly abuse the child;

13311359 (3) Administer corporal punishment or other physical 13321360 disciplinary measure, or physically restrain the child in a 13331361 cruel manner or for a prolonged period, which punishment, 13341362 discipline, or restraint is excessive under the circumstances 13351363 and creates a substantial risk of serious physical harm to the 13361364 child;

13371365 (4) Repeatedly administer unwarranted disciplinary 13381366 measures to the child, when there is a substantial risk that 13391367 such conduct, if continued, will seriously impair or retard the 13401368 child's mental health or development;

13411369 (5) Entice, coerce, permit, encourage, compel, hire, 13421370 employ, use, or allow the child to act, model, or in any other 13431371 way participate in, or be photographed for, the production, 13441372 presentation, dissemination, or advertisement of any material or 13451373 performance that the offender knows or reasonably should know is 13461374 obscene, is sexually oriented matter, or is nudity-oriented 13471375 matter;

13481376 (6) Allow the child to be on the same parcel of real 13491377 property and within one hundred feet of, or, in the case of more 13501378 than one housing unit on the same parcel of real property, in 13511379 the same housing unit and within one hundred feet of, any act in 13521380 violation of section 2925.04 or 2925.041 of the Revised Code 13531381 whenSub. the person knows that the act is occurring, whether or not 1354 H.

H.

635 Page 4748 As IntroducedReported by the House Children and Human Services Committee when the person knows that the act is occurring, whether or not 1382 any person is prosecuted for or convicted of the violation of 13551383 section 2925.04 or 2925.041 of the Revised Code that is the 13561384 basis of the violation of this division.

13571385 (C)(1) No person shall operate a vehicle, streetcar, or 13581386 trackless trolley within this state in violation of division (A) 13591387 of section 4511.19 of the Revised Code when one or more children 13601388 under eighteen years of age are in the vehicle, streetcar, or 13611389 trackless trolley.

Notwithstanding any other provision of law, a 13621390 person may be convicted at the same trial or proceeding of a 13631391 violation of this division and a violation of division (A) of 13641392 section 4511.19 of the Revised Code that constitutes the basis 13651393 of the charge of the violation of this division.

For purposes of 13661394 sections 4511.191 to 4511.197 of the Revised Code and all 13671395 related provisions of law, a person arrested for a violation of 13681396 this division shall be considered to be under arrest for 13691397 operating a vehicle while under the influence of alcohol, a drug 13701398 of abuse, or a combination of them or for operating a vehicle 13711399 with a prohibited concentration of alcohol, a controlled 13721400 substance, or a metabolite of a controlled substance in the 13731401 whole blood, blood serum or plasma, breath, or urine.

13741402 (2) As used in division (C)(1) of this section:

13751403 (a) "Controlled substance" has the same meaning as in 13761404 section 3719.01 of the Revised Code.

13771405 (b) "Vehicle," "streetcar," and "trackless trolley" have 13781406 the same meanings as in section 4511.01 of the Revised Code.

13791407 (D)(1) Division (B)(5) of this section does not apply to 13801408 any material or performance that is produced, presented, or 13811409 disseminated for a bona fide medical, scientific, educational, 13821410 religious,Sub. governmental, judicial, or other proper purpose, by 1383 H.

H.

635 Page 4849 As IntroducedReported by the House Children and Human Services Committee religious, governmental, judicial, or other proper purpose, by 1411 or to a physician, psychologist, sociologist, scientist, 13841412 teacher, person pursuing bona fide studies or research, 13851413 librarian, member of the clergy, prosecutor, judge, or other 13861414 person having a proper interest in the material or performance.

13871415 (2) Mistake of age is not a defense to a charge under 13881416 division (B)(5) of this section.

13891417 (3) In a prosecution under division (B)(5) of this 13901418 section, the trier of fact may infer that an actor, model, or 13911419 participant in the material or performance involved is a 13921420 juvenile if the material or performance, through its title, 13931421 text, visual representation, or otherwise, represents or depicts 13941422 the actor, model, or participant as a juvenile.

13951423 (4) As used in this division and division (B)(5) of this 13961424 section:

13971425 (a) "Material," "performance," "obscene," and "sexual 13981426 activity" have the same meanings as in section 2907.01 of the 13991427 Revised Code.

14001428 (b) "Nudity-oriented matter" means any material or 14011429 performance that shows a minor in a state of nudity and that, 14021430 taken as a whole by the average person applying contemporary 14031431 community standards, appeals to prurient interest.

14041432 (c) "Sexually oriented matter" means any material or 14051433 performance that shows a minor participating or engaging in 14061434 sexual activity, masturbation, or bestiality.

14071435 (E)(1) Whoever violates this section is guilty of 14081436 endangering children.

14091437 (2) If the offender violates division (A)(A)(1) or (B)(1) 14101438 ofSub. this section, endangering children is one of the following, 1411 H.

H.

635 Page 4950 As IntroducedReported by the House Children and Human Services Committee of this section, endangering children is one of the following, 1439 and, in the circumstances described in division (E)(2)(e) of 14121440 this section, that division applies:

14131441 (a) Except as otherwise provided in division (E)(2)(b), 14141442 (c), or (d) of this section, a misdemeanor of the first degree;

14151443 (b) If the offender previously has been convicted of an 14161444 offense under this section or of any offense involving neglect, 14171445 abandonment, contributing to the delinquency of, or physical 14181446 abuse of a child, except as otherwise provided in division (E) 14191447 (2)(c) or (d) of this section, a felony of the fourth degree;

14201448 (c) If the violation is a violation of division (A)(A)(1) 14211449 of this section and results in serious physical harm to the 14221450 child involved, a felony of the third degree;

14231451 (d) If the violation is a violation of division (B)(1) of 14241452 this section and results in serious physical harm to the child 14251453 involved, a felony of the second degree.

14261454 (e) If the violation is a felony violation of division (B) 14271455 (1) of this section and the offender also is convicted of or 14281456 pleads guilty to a specification as described in section 14291457 2941.1422 of the Revised Code that was included in the 14301458 indictment, count in the indictment, or information charging the 14311459 offense, the court shall sentence the offender to a mandatory 14321460 prison term as provided in division (B)(7) of section 2929.14 of 14331461 the Revised Code and shall order the offender to make 14341462 restitution as provided in division (B)(8) of section 2929.18 of 14351463 the Revised Code.

14361464 (3) If the offender violates division (A)(2) of this 14371465 section, endangering children is a misdemeanor of the first 14381466 degree.

14391467 (4)Sub. If the offender violates division (B)(2), (3), (4), or 1440 H.

H.

635 Page 5051 As IntroducedReported by the House Children and Human Services Committee (4) If the offender violates division (B)(2), (3), (4), or 1468 (6) of this section, except as otherwise provided in this 14411469 division, endangering children is a felony of the third degree.

14421470 If the violation results in serious physical harm to the child 14431471 involved, or if the offender previously has been convicted of an 14441472 offense under this section or of any offense involving neglect, 14451473 abandonment, contributing to the delinquency of, or physical 14461474 abuse of a child, endangering children is a felony of the second 14471475 degree.

If the offender violates division (B)(2), (3), or (4) of 14481476 this section and the offender also is convicted of or pleads 14491477 guilty to a specification as described in section 2941.1422 of 14501478 the Revised Code that was included in the indictment, count in 14511479 the indictment, or information charging the offense, the court 14521480 shall sentence the offender to a mandatory prison term as 14531481 provided in division (B)(7) of section 2929.14 of the Revised 14541482 Code and shall order the offender to make restitution as 14551483 provided in division (B)(8) of section 2929.18 of the Revised 14561484 Code.

If the offender violates division (B)(6) of this section 14571485 and the drug involved is methamphetamine, the court shall impose 14581486 a mandatory prison term on the offender as follows:

14591487 (a) If the violation is a violation of division (B)(6) of 14601488 this section that is a felony of the third degree under division 14611489 (E)(3)(E)(4) of this section and the drug involved is 14621490 methamphetamine, except as otherwise provided in this division, 14631491 the court shall impose as a mandatory prison term one of the 14641492 prison terms prescribed for a felony of the third degree that is 14651493 not less than two years.

If the violation is a violation of 14661494 division (B)(6) of this section that is a felony of the third 14671495 degree under division (E)(3)(E)(4) of this section, if the drug 14681496 involved is methamphetamine, and if the offender previously has 14691497 been convicted of or pleaded guilty to a violation of division 14701498 (B)(6)Sub. of this section, a violation of division (A) of section 1471 H.

H.

635 Page 5152 As IntroducedReported by the House Children and Human Services Committee (B)(6) of this section, a violation of division (A) of section 1499 2925.04 of the Revised Code, or a violation of division (A) of 14721500 section 2925.041 of the Revised Code, the court shall impose as 14731501 a mandatory prison term one of the prison terms prescribed for a 14741502 felony of the third degree that is not less than five years.

14751503 (b) If the violation is a violation of division (B)(6) of 14761504 this section that is a felony of the second degree under 14771505 division (E)(3)(E)(4) of this section and the drug involved is 14781506 methamphetamine, except as otherwise provided in this division, 14791507 the court shall impose as a mandatory prison term one of the 14801508 definite prison terms prescribed for a felony of the second 14811509 degree in division (A)(2)(b) of section 2929.14 of the Revised 14821510 Code that is not less than three years, except that if the 14831511 violation is committed on or after the effective date of this 14841512 amendment March 22, 2019, the court shall impose as the minimum 14851513 prison term for the offense a mandatory prison term that is one 14861514 of the minimum terms prescribed for a felony of the second 14871515 degree in division (A)(2)(a) of that section that is not less 14881516 than three years.

If the violation is a violation of division 14891517 (B)(6) of this section that is a felony of the second degree 14901518 under division (E)(3)(E)(4) of this section, if the drug 14911519 involved is methamphetamine, and if the offender previously has 14921520 been convicted of or pleaded guilty to a violation of division 14931521 (B)(6) of this section, a violation of division (A) of section 14941522 2925.04 of the Revised Code, or a violation of division (A) of 14951523 section 2925.041 of the Revised Code, the court shall impose as 14961524 a mandatory prison term one of the definite prison terms 14971525 prescribed for a felony of the second degree in division (A)(2) 14981526 (b) of section 2929.14 of the Revised Code that is not less than 14991527 five years, except that if the violation is committed on or 15001528 after March 22, 2019, the court shall impose as the minimum 15011529 prisonSub. term for the offense a mandatory prison term that is one 1502 H.

H.

635 Page 5253 As IntroducedReported by the House Children and Human Services Committee prison term for the offense a mandatory prison term that is one 1530 of the terms prescribed for a felony of the second degree in 15031531 division (A)(2)(a) of that section that is not less than five 15041532 years.

15051533 (4)(5) If the offender violates division (B)(5) of this 15061534 section, endangering children is a felony of the second degree.

15071535 If the offender also is convicted of or pleads guilty to a 15081536 specification as described in section 2941.1422 of the Revised 15091537 Code that was included in the indictment, count in the 15101538 indictment, or information charging the offense, the court shall 15111539 sentence the offender to a mandatory prison term as provided in 15121540 division (B)(7) of section 2929.14 of the Revised Code and shall 15131541 order the offender to make restitution as provided in division 15141542 (B)(8) of section 2929.18 of the Revised Code.

15151543 (5)(6) If the offender violates division (C) of this 15161544 section, the offender shall be punished as follows:

15171545 (a) Except as otherwise provided in division (E)(5)(b)(E) 15181546 (6)(b) or (c) of this section, endangering children in violation 15191547 of division (C) of this section is a misdemeanor of the first 15201548 degree.

15211549 (b) If the violation results in serious physical harm to 15221550 the child involved or the offender previously has been convicted 15231551 of an offense under this section or any offense involving 15241552 neglect, abandonment, contributing to the delinquency of, or 15251553 physical abuse of a child, except as otherwise provided in 15261554 division (E)(5)(c)(E)(6)(c) of this section, endangering 15271555 children in violation of division (C) of this section is a 15281556 felony of the fifth degree.

15291557 (c) If the violation results in serious physical harm to 15301558 theSub. child involved and if the offender previously has been 1531 H.

H.

635 Page 5354 As IntroducedReported by the House Children and Human Services Committee the child involved and if the offender previously has been 1559 convicted of a violation of division (C) of this section, 15321560 section 2903.06 or 2903.08 of the Revised Code, section 2903.07 15331561 of the Revised Code as it existed prior to March 23, 2000, or 15341562 section 2903.04 of the Revised Code in a case in which the 15351563 offender was subject to the sanctions described in division (D) 15361564 of that section, endangering children in violation of division 15371565 (C) of this section is a felony of the fourth degree.

15381566 (d) In addition to any term of imprisonment, fine, or 15391567 other sentence, penalty, or sanction it imposes upon the 15401568 offender pursuant to division (E)(5)(a)(E)(6)(a), (b), or (c) of 15411569 this section or pursuant to any other provision of law and in 15421570 addition to any suspension of the offender's driver's or 15431571 commercial driver's license or permit or nonresident operating 15441572 privilege under Chapter 4506., 4509., 4510., or 4511.

of the 15451573 Revised Code or under any other provision of law, the court also 15461574 may impose upon the offender a class seven suspension of the 15471575 offender's driver's or commercial driver's license or permit or 15481576 nonresident operating privilege from the range specified in 15491577 division (A)(7) of section 4510.02 of the Revised Code.

15501578 (e) In addition to any term of imprisonment, fine, or 15511579 other sentence, penalty, or sanction imposed upon the offender 15521580 pursuant to division (E)(5)(a)(E)(6)(a), (b), (c), or (d) of 15531581 this section or pursuant to any other provision of law for the 15541582 violation of division (C) of this section, if as part of the 15551583 same trial or proceeding the offender also is convicted of or 15561584 pleads guilty to a separate charge charging the violation of 15571585 division (A) of section 4511.19 of the Revised Code that was the 15581586 basis of the charge of the violation of division (C) of this 15591587 section, the offender also shall be sentenced in accordance with 15601588 section 4511.19 of the Revised Code for that violation of 15611589 divisionSub. (A) of section 4511.19 of the Revised Code.

1562 H.

635 Page 5455 As IntroducedReported (F)(1)(a)by Athe courtHouse mayChildren requireand anHuman offenderServices toCommittee performdivision not(A) 1563of moresection than4511.19 two hundred hours of supervised community service work 1564 under the authorityRevised ofCode. an agency, subdivision, or charitable 1565 organization.

The1590 requirement(F)(1)(a) shallA becourt partmay ofrequire thean communityoffender 1566to controlperform sanctionnot or1591 sentencemore ofthan thetwo offender,hundred andhours theof courtsupervised 1567 shall impose the community service inwork accordance1592 withunder andthe 1568authority subjectof toan divisionsagency, (F)(1)(a)subdivision, andor (b)charitable of1593 thisorganization. section.

The 1569requirement courtshall maybe require an offender whom it requires to perform 1570 supervised community service work as part of the offender's 1571 community 1594 control sanction or sentence to pay the court a 1572 reasonable fee to cover the costs of the offender'soffender, 1573and participation in the work,court including,1595 butshall notimpose limited to, the 1574community costsservice ofin procuringaccordance awith policyand or1596 policiessubject of liability insurance 1575 to coverdivisions the(F)(1)(a) periodand during(b) whichof thethis offendersection. will perform the 1576 work.

IfThe the1597 court requiresmay therequire an offender whom it requires to perform 1598 supervised 1577 community service work as part of the offender's 1599 community 1578 control sanction or sentence,sentence to pay the court shalla do1600 soreasonable fee to cover the costs of the offender's 1601 participation in 1579the accordancework, withincluding, but not limited to, the following1602 limitationscosts andof criteria:procuring a policy or policies of liability insurance 1603 to cover the period during which the offender will perform the 1604 work.

1580If (i)the The court shallrequires requirethe thatoffender theto perform supervised 1605 community service 1581 work beas performedpart after completion of the termoffender's ofcommunity imprisonment1606 1582control sanction or jailsentence, term imposed upon the offendercourt forshall thedo violationso ofin 15831607 divisionaccordance (C)with ofthe thisfollowing section,limitations ifand applicable.criteria:

15841608 (ii)(i) The supervisedcourt shall require that the community service 1609 work shall be 1585performed subjectafter tocompletion of the limitationsterm setof forthimprisonment in1610 divisionsor (B)(1),jail (2),term 1586imposed andupon (3)the offender for the violation of section1611 2951.02division (C) of thethis Revisedsection, Code.if applicable.

15871612 (iii)(ii) The supervised community service work shall be supervised1613 insubject 1588to the mannerlimitations describedset forth in divisiondivisions (B)(4)(B)(1), (2), 1614 and (3) of section 2951.02 of 1589 the Revised CodeCode. by an official or person with the 1590 qualifications described in that division.

The1615 official(iii) orThe 1591community personservice periodicallywork shall reportbe supervised in writing1616 tothe manner described in division (B)(4) of section 2951.02 of 1617 the courtRevised 1592Code H.by an official or person with the 1618 qualifications described in that division.

The official or 1619 Sub.

H.

635 Page 5556 As IntroducedReported by the House Children and Human Services Committee person periodically shall report in writing to the court 1620 concerning the conduct of the offender in performing the work.

15931621 (iv) The court shall inform the offender in writing that 15941622 if the offender does not adequately perform, as determined by 15951623 the court, all of the required community service work, the court 15961624 may order that the offender be committed to a jail or workhouse 15971625 for a period of time that does not exceed the term of 15981626 imprisonment that the court could have imposed upon the offender 15991627 for the violation of division (C) of this section, reduced by 16001628 the total amount of time that the offender actually was 16011629 imprisoned under the sentence or term that was imposed upon the 16021630 offender for that violation and by the total amount of time that 16031631 the offender was confined for any reason arising out of the 16041632 offense for which the offender was convicted and sentenced as 16051633 described in sections 2949.08 and 2967.191 of the Revised Code, 16061634 and that, if the court orders that the offender be so committed, 16071635 the court is authorized, but not required, to grant the offender 16081636 credit upon the period of the commitment for the community 16091637 service work that the offender adequately performed.

16101638 (b) If a court, pursuant to division (F)(1)(a) of this 16111639 section, orders an offender to perform community service work as 16121640 part of the offender's community control sanction or sentence 16131641 and if the offender does not adequately perform all of the 16141642 required community service work, as determined by the court, the 16151643 court may order that the offender be committed to a jail or 16161644 workhouse for a period of time that does not exceed the term of 16171645 imprisonment that the court could have imposed upon the offender 16181646 for the violation of division (C) of this section, reduced by 16191647 the total amount of time that the offender actually was 16201648 imprisoned under the sentence or term that was imposed upon the 16211649 offender for that violation and by the total amount of time that 16221650 theSub. offender was confined for any reason arising out of the 1623 H.

H.

635 Page 5657 As IntroducedReported by the House Children and Human Services Committee the offender was confined for any reason arising out of the 1651 offense for which the offender was convicted and sentenced as 16241652 described in sections 2949.08 and 2967.191 of the Revised Code.

16251653 The court may order that a person committed pursuant to this 16261654 division shall receive hour-for-hour credit upon the period of 16271655 the commitment for the community service work that the offender 16281656 adequately performed.

No commitment pursuant to this division 16291657 shall exceed the period of the term of imprisonment that the 16301658 sentencing court could have imposed upon the offender for the 16311659 violation of division (C) of this section, reduced by the total 16321660 amount of time that the offender actually was imprisoned under 16331661 that sentence or term and by the total amount of time that the 16341662 offender was confined for any reason arising out of the offense 16351663 for which the offender was convicted and sentenced as described 16361664 in sections 2949.08 and 2967.191 of the Revised Code.

16371665 (2) Division (F)(1) of this section does not limit or 16381666 affect the authority of the court to suspend the sentence 16391667 imposed upon a misdemeanor offender and place the offender under 16401668 a community control sanction pursuant to section 2929.25 of the 16411669 Revised Code, to require a misdemeanor or felony offender to 16421670 perform supervised community service work in accordance with 16431671 division (B) of section 2951.02 of the Revised Code, or to place 16441672 a felony offender under a community control sanction.

16451673 (G)(1) If a court suspends an offender's driver's or 16461674 commercial driver's license or permit or nonresident operating 16471675 privilege under division (E)(5)(d)(E)(6)(d) of this section, the 16481676 period of the suspension shall be consecutive to, and commence 16491677 after, the period of suspension of the offender's driver's or 16501678 commercial driver's license or permit or nonresident operating 16511679 privilege that is imposed under Chapter 4506., 4509., 4510., or 16521680 4511.

of the Revised Code or under any other provision of law in 16531681 relationSub. to the violation of division (C) of this section that 1654 H.

H.

635 Page 5758 As IntroducedReported by the House Children and Human Services Committee relation to the violation of division (C) of this section that 1682 is the basis of the suspension under division (E)(5)(d)(E)(6)(d) 16551683 of this section or in relation to the violation of division (A) 16561684 of section 4511.19 of the Revised Code that is the basis for 16571685 that violation of division (C) of this section.

16581686 (2) An offender is not entitled to request, and the court 16591687 shall not grant to the offender, limited driving privileges if 16601688 the offender's license, permit, or privilege has been suspended 16611689 under division (E)(5)(d)(E)(6)(d) of this section and the 16621690 offender, within the preceding six years, has been convicted of 16631691 or pleaded guilty to three or more violations of one or more of 16641692 the following:

16651693 (a) Division (C) of this section;

16661694 (b) Any equivalent offense, as defined in section 4511.181 16671695 of the Revised Code.

16681696 (H)(1) If a person violates division (C) of this section 16691697 and if, at the time of the violation, there were two or more 16701698 children under eighteen years of age in the motor vehicle 16711699 involved in the violation, the offender may be convicted of a 16721700 violation of division (C) of this section for each of the 16731701 children, but the court may sentence the offender for only one 16741702 of the violations.

16751703 (2)(a) If a person is convicted of or pleads guilty to a 16761704 violation of division (C) of this section but the person is not 16771705 also convicted of and does not also plead guilty to a separate 16781706 charge charging the violation of division (A) of section 4511.19 16791707 of the Revised Code that was the basis of the charge of the 16801708 violation of division (C) of this section, both of the following 16811709 apply:

16821710 (i)Sub. For purposes of the provisions of section 4511.19 of 1683 H.

H.

635 Page 5859 As IntroducedReported by the House Children and Human Services Committee (i) For purposes of the provisions of section 4511.19 of 1711 the Revised Code that set forth the penalties and sanctions for 16841712 a violation of division (A) of section 4511.19 of the Revised 16851713 Code, the conviction of or plea of guilty to the violation of 16861714 division (C) of this section shall not constitute a violation of 16871715 division (A) of section 4511.19 of the Revised Code;

16881716 (ii) For purposes of any provision of law that refers to a 16891717 conviction of or plea of guilty to a violation of division (A) 16901718 of section 4511.19 of the Revised Code and that is not described 16911719 in division (H)(2)(a)(i) of this section, the conviction of or 16921720 plea of guilty to the violation of division (C) of this section 16931721 shall constitute a conviction of or plea of guilty to a 16941722 violation of division (A) of section 4511.19 of the Revised 16951723 Code.

16961724 (b) If a person is convicted of or pleads guilty to a 16971725 violation of division (C) of this section and the person also is 16981726 convicted of or pleads guilty to a separate charge charging the 16991727 violation of division (A) of section 4511.19 of the Revised Code 17001728 that was the basis of the charge of the violation of division 17011729 (C) of this section, the conviction of or plea of guilty to the 17021730 violation of division (C) of this section shall not constitute, 17031731 for purposes of any provision of law that refers to a conviction 17041732 of or plea of guilty to a violation of division (A) of section 17051733 4511.19 of the Revised Code, a conviction of or plea of guilty 17061734 to a violation of division (A) of section 4511.19 of the Revised 17071735 Code.

17081736 (I) As used in this section:

17091737 (1) "Community control sanction" has the same meaning as 17101738 in section 2929.01 of the Revised Code;

17111739 (2)Sub. "Limited driving privileges" has the same meaning as 1712 H.

H.

635 Page 5960 As IntroducedReported by the House Children and Human Services Committee (2) "Limited driving privileges" has the same meaning as 1740 in section 4501.01 of the Revised Code;

17131741 (3) "Methamphetamine" has the same meaning as in section 17141742 2925.01 of the Revised Code.

17151743 Sec.

(A) Except as provided in division (E), (F), 17161744 or (G) of this section and unless a specific sanction is 17171745 required to be imposed or is precluded from being imposed 17181746 pursuant to law, a court that imposes a sentence upon an 17191747 offender for a felony may impose any sanction or combination of 17201748 sanctions on the offender that are provided in sections 2929.14 17211749 to 2929.18 of the Revised Code.

17221750 If the offender is eligible to be sentenced to community 17231751 control sanctions, the court shall consider the appropriateness 17241752 of imposing a financial sanction pursuant to section 2929.18 of 17251753 the Revised Code or a sanction of community service pursuant to 17261754 section 2929.17 of the Revised Code as the sole sanction for the 17271755 offense.

Except as otherwise provided in this division, if the 17281756 court is required to impose a mandatory prison term for the 17291757 offense for which sentence is being imposed, the court also 17301758 shall impose any financial sanction pursuant to section 2929.18 17311759 of the Revised Code that is required for the offense and may 17321760 impose any other financial sanction pursuant to that section but 17331761 may not impose any additional sanction or combination of 17341762 sanctions under section 2929.16 or 2929.17 of the Revised Code.

17351763 If the offender is being sentenced for a fourth degree 17361764 felony OVI offense or for a third degree felony OVI offense, in 17371765 addition to the mandatory term of local incarceration or the 17381766 mandatory prison term required for the offense by division (G) 17391767 (1) or (2) of this section, the court shall impose upon the 17401768 offender a mandatory fine in accordance with division (B)(3) of 17411769 sectionSub. 2929.18 of the Revised Code and may impose whichever of 1742 H.

H.

635 Page 6061 As IntroducedReported by the House Children and Human Services Committee section 2929.18 of the Revised Code and may impose whichever of 1770 the following is applicable:

17431771 (1) For a fourth degree felony OVI offense for which 17441772 sentence is imposed under division (G)(1) of this section, an 17451773 additional community control sanction or combination of 17461774 community control sanctions under section 2929.16 or 2929.17 of 17471775 the Revised Code.

If the court imposes upon the offender a 17481776 community control sanction and the offender violates any 17491777 condition of the community control sanction, the court may take 17501778 any action prescribed in division (B) of section 2929.15 of the 17511779 Revised Code relative to the offender, including imposing a 17521780 prison term on the offender pursuant to that division.

17531781 (2) For a third or fourth degree felony OVI offense for 17541782 which sentence is imposed under division (G)(2) of this section, 17551783 an additional prison term as described in division (B)(4) of 17561784 section 2929.14 of the Revised Code or a community control 17571785 sanction as described in division (G)(2) of this section.

17581786 (B)(1)(a) Except as provided in division (B)(1)(b) of this 17591787 section, if an offender is convicted of or pleads guilty to a 17601788 felony of the fourth or fifth degree that is not an offense of 17611789 violence or that is a qualifying assault offense, the court 17621790 shall sentence the offender to a community control sanction or 17631791 combination of community control sanctions if all of the 17641792 following apply:

17651793 (i) The offender previously has not been convicted of or 17661794 pleaded guilty to a felony offense.

17671795 (ii) The most serious charge against the offender at the 17681796 time of sentencing is a felony of the fourth or fifth degree.

17691797 (iii) The offender previously has not been convicted of or 17701798 pleadedSub. guilty to a misdemeanor offense of violence that the 1771 H.

H.

635 Page 6162 As IntroducedReported by the House Children and Human Services Committee pleaded guilty to a misdemeanor offense of violence that the 1799 offender committed within two years prior to the offense for 17721800 which sentence is being imposed.

17731801 (b) The court has discretion to impose a prison term upon 17741802 an offender who is convicted of or pleads guilty to a felony of 17751803 the fourth or fifth degree that is not an offense of violence or 17761804 that is a qualifying assault offense if any of the following 17771805 apply:

17781806 (i) The offender committed the offense while having a 17791807 firearm on or about the offender's person or under the 17801808 offender's control.

17811809 (ii) If the offense is a qualifying assault offense, the 17821810 offender caused serious physical harm to another person while 17831811 committing the offense, and, if the offense is not a qualifying 17841812 assault offense, the offender caused physical harm to another 17851813 person while committing the offense.

17861814 (iii) The offender violated a term of the conditions of 17871815 bond as set by the court.

17881816 (iv) The offense is a sex offense that is a fourth or 17891817 fifth degree felony violation of any provision of Chapter 2907.

17901818 of the Revised Code.

17911819 (v) In committing the offense, the offender attempted to 17921820 cause or made an actual threat of physical harm to a person with 17931821 a deadly weapon.

17941822 (vi) In committing the offense, the offender attempted to 17951823 cause or made an actual threat of physical harm to a person, and 17961824 the offender previously was convicted of an offense that caused 17971825 physical harm to a person.

17981826 (vii)Sub. The offender held a public office or position of 1799 H.

H.

635 Page 6263 As IntroducedReported by the House Children and Human Services Committee (vii) The offender held a public office or position of 1827 trust, and the offense related to that office or position;

the 18001828 offender's position obliged the offender to prevent the offense 18011829 or to bring those committing it to justice;

or the offender's 18021830 professional reputation or position facilitated the offense or 18031831 was likely to influence the future conduct of others.

18041832 (viii) The offender committed the offense for hire or as 18051833 part of an organized criminal activity.

18061834 (ix) The offender at the time of the offense was serving, 18071835 or the offender previously had served, a prison term.

18081836 (x) The offender committed the offense while under a 18091837 community control sanction, while on probation, or while 18101838 released from custody on a bond or personal recognizance.

18111839 (c) A sentencing court may impose an additional penalty 18121840 under division (B) of section 2929.15 of the Revised Code upon 18131841 an offender sentenced to a community control sanction under 18141842 division (B)(1)(a) of this section if the offender violates the 18151843 conditions of the community control sanction, violates a law, or 18161844 leaves the state without the permission of the court or the 18171845 offender's probation officer.

18181846 (2) If division (B)(1) of this section does not apply, 18191847 except as provided in division (E), (F), or (G) of this section, 18201848 in determining whether to impose a prison term as a sanction for 18211849 a felony of the fourth or fifth degree, the sentencing court 18221850 shall comply with the purposes and principles of sentencing 18231851 under section 2929.11 of the Revised Code and with section 18241852 2929.12 of the Revised Code.

18251853 (C) Except as provided in division (D), (E), (F), or (G) 18261854 of this section, in determining whether to impose a prison term 18271855 asSub. a sanction for a felony of the third degree or a felony drug 1828 H.

H.

635 Page 6364 As IntroducedReported by the House Children and Human Services Committee as a sanction for a felony of the third degree or a felony drug 1856 offense that is a violation of a provision of Chapter 2925.

of 18291857 the Revised Code and that is specified as being subject to this 18301858 division for purposes of sentencing, the sentencing court shall 18311859 comply with the purposes and principles of sentencing under 18321860 section 2929.11 of the Revised Code and with section 2929.12 of 18331861 the Revised Code.

18341862 (D)(1) Except as provided in division (E) or (F) of this 18351863 section, for a felony of the first or second degree, for a 18361864 felony drug offense that is a violation of any provision of 18371865 Chapter 2925., 3719., or 4729.

of the Revised Code for which a 18381866 presumption in favor of a prison term is specified as being 18391867 applicable, and for a violation of division (A)(4) or (B) of 18401868 section 2907.05 of the Revised Code for which a presumption in 18411869 favor of a prison term is specified as being applicable, it is 18421870 presumed that a prison term is necessary in order to comply with 18431871 the purposes and principles of sentencing under section 2929.11 18441872 of the Revised Code.

Division (D)(2) of this section does not 18451873 apply to a presumption established under this division for a 18461874 violation of division (A)(4) of section 2907.05 of the Revised 18471875 Code.

18481876 (2) Notwithstanding the presumption established under 18491877 division (D)(1) of this section for the offenses listed in that 18501878 division other than a violation of division (A)(4) or (B) of 18511879 section 2907.05 of the Revised Code, the sentencing court may 18521880 impose a community control sanction or a combination of 18531881 community control sanctions instead of a prison term on an 18541882 offender for a felony of the first or second degree or for a 18551883 felony drug offense that is a violation of any provision of 18561884 Chapter 2925., 3719., or 4729.

of the Revised Code for which a 18571885 presumption in favor of a prison term is specified as being 18581886 applicableSub. if it makes both of the following findings:

1859 H.

635 Page 6465 As IntroducedReported (a)by A community control sanction or a combination of 1860 community control sanctions would adequately punish the offenderHouse 1861Children and protectHuman theServices publicCommittee from future crime, because the applicable 1862if factorsit undermakes sectionboth 2929.12 of the Revisedfollowing Codefindings: indicating a 1863 lesser likelihood of recidivism outweigh the applicable factors 1864 under that section indicating a greater likelihood of 1865 recidivism.

18661887 (b)(a) A community control sanction or a combination of 18671888 community control sanctions would notadequately demeanpunish the seriousnessoffender of1889 1868and protect the offense,public from future crime, because onethe orapplicable more1890 factors under section 2929.12 1869 of the Revised Code thatindicating indicatea that1891 thelesser offender'slikelihood conductof 1870recidivism was less serious than conduct normally constituting the offense 1871 are applicable, and they outweigh the applicable factors 1892 under 1872 that section thatindicating indicatea thatgreater thelikelihood offender'sof conduct1893 wasrecidivism. more 1873 serious than conduct normally constituting the offense.

18741894 (E)(1)(b) ExceptA ascommunity providedcontrol insanction divisionor (F)a combination of this1895 section,community 1875control forsanctions anywould drugnot demean the seriousness of 1896 the offense, because one or more factors under section 2929.12 1897 of the Revised Code that indicate that the offender's conduct 1898 was less serious than conduct normally constituting the offense 1899 are applicable, and they outweigh the applicable factors under 1900 that issection athat violationindicate ofthat anythe provisionoffender's ofconduct 1876was Chaptermore 2925.1901 serious than conduct normally constituting the offense.

of1902 the(E)(1) RevisedExcept Codeas andprovided that is a felony of the 1877 third, fourth, or fifth degree, the applicability of a 1878 presumption under division (D) of this section in favor of a 1879 prison term or of division (B)(F) or (C) of this sectionsection, in1903 1880 determining whether to impose a prison term for theany drug offense 1881that shallis bea determinedviolation asof specifiedany inprovision section 2925.02, 2925.03, 1882 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 1883 2925.36, or 2925.37 of the1904 RevisedChapter Code,2925. whichever is applicable 1884 regarding the violation.

1885of (2)the IfRevised anCode offenderand whothat wasis convicteda felony of the 1905 third, fourth, or pleadedfifth guiltydegree, 1886the toapplicability of a felony1906 violatespresumption theunder conditionsdivision (D) of this section in favor of a community1907 controlprison 1887term sanctionor imposedof division (B) or (C) of this section in 1908 determining whether to impose a prison term for the offense solely1909 byshall reasonbe ofdetermined producingas 1888specified positivein resultssection on2925.02, a2925.03, drug1910 test,2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 1911 2925.36, or 2925.37 of the court,Revised asCode, punishmentwhichever foris 1889applicable H.1912 regarding the violation.

1913 (2) If an offender who was convicted of or pleaded guilty 1914 to a felony violates the conditions of a community control 1915 sanction imposed for the offense solely by reason of producing 1916 Sub.

H.

635 Page 6566 As IntroducedReported by the House Children and Human Services Committee positive results on a drug test, the court, as punishment for 1917 the violation of the sanction, shall not order that the offender 18901918 be imprisoned unless the court determines on the record either 18911919 of the following:

18921920 (a) The offender had been ordered as a sanction for the 18931921 felony to participate in a drug treatment program, in a drug 18941922 education program, or in narcotics anonymous or a similar 18951923 program, and the offender continued to use illegal drugs after a 18961924 reasonable period of participation in the program.

18971925 (b) The imprisonment of the offender for the violation is 18981926 consistent with the purposes and principles of sentencing set 18991927 forth in section 2929.11 of the Revised Code.

19001928 (3) A court that sentences an offender for a drug abuse 19011929 offense that is a felony of the third, fourth, or fifth degree 19021930 may require that the offender be assessed by a properly 19031931 credentialed professional within a specified period of time.

The 19041932 court shall require the professional to file a written 19051933 assessment of the offender with the court.

If the offender is 19061934 eligible for a community control sanction and after considering 19071935 the written assessment, the court may impose a community control 19081936 sanction that includes addiction services and recovery supports 19091937 included in a community-based continuum of care established 19101938 under section 340.032 of the Revised Code.

If the court imposes 19111939 addiction services and recovery supports as a community control 19121940 sanction, the court shall direct the level and type of addiction 19131941 services and recovery supports after considering the assessment 19141942 and recommendation of community addiction services providers.

19151943 (F) Notwithstanding divisions (A) to (E) of this section, 19161944 the court shall impose a prison term or terms under sections 19171945 2929.02 to 2929.06, section 2929.14, section 2929.142, or 19181946 sectionSub. 2971.03 of the Revised Code and except as specifically 1919 H.

H.

635 Page 6667 As IntroducedReported by the House Children and Human Services Committee section 2971.03 of the Revised Code and except as specifically 1947 provided in section 2929.20, or section 2967.191 of the Revised 19201948 Code or when parole is authorized for the offense under section 19211949 2967.13 of the Revised Code shall not reduce the term or terms 19221950 pursuant to section 2929.20, division (A)(2) or (3) of section 19231951 2967.193 or 2967.194, or any other provision of Chapter 2967.

or 19241952 Chapter 5120.

of the Revised Code for any of the following 19251953 offenses:

19261954 (1) Aggravated murder when death is not imposed or murder;

19271955 (2) Any rape, regardless of whether force was involved and 19281956 regardless of the age of the victim, or an attempt to commit 19291957 rape if, had the offender completed the rape that was attempted, 19301958 the offender would have been guilty of a violation of division 19311959 (A)(1)(b) of section 2907.02 of the Revised Code and would be 19321960 sentenced under section 2971.03 of the Revised Code;

19331961 (3) Gross sexual imposition or sexual battery, if the 19341962 victim is less than thirteen years of age and if any of the 19351963 following applies:

19361964 (a) Regarding gross sexual imposition, the offender 19371965 previously was convicted of or pleaded guilty to rape, the 19381966 former offense of felonious sexual penetration, gross sexual 19391967 imposition, or sexual battery, and the victim of the previous 19401968 offense was less than thirteen years of age;

19411969 (b) Regarding gross sexual imposition, the offense was 19421970 committed on or after August 3, 2006, and evidence other than 19431971 the testimony of the victim was admitted in the case 19441972 corroborating the violation.

19451973 (c) Regarding sexual battery, either of the following 19461974 applies:

19471975 (i)Sub. The offense was committed prior to August 3, 2006, the 1948 H.

H.

635 Page 6768 As IntroducedReported by the House Children and Human Services Committee (i) The offense was committed prior to August 3, 2006, the 1976 offender previously was convicted of or pleaded guilty to rape, 19491977 the former offense of felonious sexual penetration, or sexual 19501978 battery, and the victim of the previous offense was less than 19511979 thirteen years of age.

19521980 (ii) The offense was committed on or after August 3, 2006.

19531981 (4) A felony violation of section 2903.04, 2903.06, 19541982 2903.08, 2903.11, 2903.12, 2903.13, 2905.32, 2907.07, 2921.321, 19551983 or 2923.132 of the Revised Code if the section requires the 19561984 imposition of a prison term;

19571985 (5) A first, second, or third degree felony drug offense 19581986 for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 19591987 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, 19601988 or 4729.99 of the Revised Code, whichever is applicable 19611989 regarding the violation, requires the imposition of a mandatory 19621990 prison term;

19631991 (6) Any offense that is a first or second degree felony 19641992 and that is not set forth in division (F)(1), (2), (3), or (4) 19651993 of this section, if the offender previously was convicted of or 19661994 pleaded guilty to aggravated murder, murder, any first or second 19671995 degree felony, or an offense under an existing or former law of 19681996 this state, another state, or the United States that is or was 19691997 substantially equivalent to one of those offenses;