HB 689

As Passed by the House
136th General Assembly
    Regular Session  Sub. H. B. No. 689
       2025-2026
  Representative White, A.
  Cosponsors: Representatives Abrams, Willis, Brennan, Dovilla, Grim, Hall, T.,
 Jarrells, Lampton, LaRe, Lett, Manning, Miller, J., Odioso, Oelslager, Ray, Robb
  Blasdel, Rogers, Russo, Sigrist, Troy, Williams, Young
  To amend sections 109.57, 109.573, 109.60, 2953.32,  1
  and 5122.311 of the Revised Code and to amend  2
  Section 221.40 of H.B. 96 of the 136th General  3
  Assembly, as subsequently amended, to align and  4
  modernize fingerprinting and disposition  5
  reporting, and to allow disclosure of  6
  information related to actions to determine  7
  paternity.  8
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
      Section 1. That sections 109.57, 109.573, 109.60, 2953.32,  9
and 5122.311 of the Revised Code be amended to read as follows:  10
      Sec. 109.57. (A)(1) The superintendent of the bureau of  11
criminal identification and investigation shall procure from  12
wherever procurable and file for record photographs, pictures,  13
descriptions, fingerprints, measurements, and other information  14
that may be pertinent of all persons who have been convicted of  15
committing within this state a felony, any crime constituting a  16
misdemeanor on the first offense and a felony on subsequent  17
offenses, or any misdemeanor described in division (A)(1)(a),  18
Sub. H. B. No. 689  Page 2
As Passed by the House
(A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code,  19
or an offense for which the person was arrested, of all children  20
under eighteen years of age who have been adjudicated delinquent  21
children for committing within this state an act that would be a  22
felony or an offense of violence if committed by an adult or who  23
have been convicted of or pleaded guilty to committing within  24
this state a felony or an offense of violence, and of all well-  25
known and habitual criminals. The person in charge of any  26
county, multicounty, municipal, municipal-county, or  27
multicounty-municipal jail or workhouse, community-based  28
correctional facility, halfway house, alternative residential  29
facility, or state correctional institution and the person in  30
charge of any state institution having custody of a person  31
suspected of having committed a felony, any crime constituting a  32
misdemeanor on the first offense and a felony on subsequent  33
offenses, or any misdemeanor described in division (A)(1)(a),  34
(A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code,  35
or an offense for which the person was arrested if the person  36
was not previously fingerprinted for that offense, or having  37
custody of a child under eighteen years of age with respect to  38
whom there is probable cause to believe that the child may have  39
committed an act that would be a felony or an offense of  40
violence if committed by an adult shall furnish such material to  41
the superintendent of the bureau. Fingerprints, photographs, or  42
other descriptive information of a child who is under eighteen  43
years of age, has not been arrested or otherwise taken into  44
custody for committing an act that would be a felony or an  45
offense of violence who is not in any other category of child  46
specified in this division, if committed by an adult, has not  47
been adjudicated a delinquent child for committing an act that  48
would be a felony or an offense of violence if committed by an  49
adult, has not been convicted of or pleaded guilty to committing  50
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As Passed by the House
a felony or an offense of violence, and is not a child with  51
respect to whom there is probable cause to believe that the  52
child may have committed an act that would be a felony or an  53
offense of violence if committed by an adult shall not be  54
procured by the superintendent or furnished by any person in  55
charge of any county, multicounty, municipal, municipal-county,  56
or multicounty-municipal jail or workhouse, community-based  57
correctional facility, halfway house, alternative residential  58
facility, or state correctional institution, except as  59
authorized in section 2151.313 of the Revised Code.  60
       (2) Every clerk of a court of record in this state, other  61
than the supreme court or a court of appeals, shall send  62
electronically submit in the manner prescribed by the  63
superintendent of the bureau to the superintendent of the bureau  64
a weekly report containing a summary of each case involving a  65
felony, involving any crime constituting a misdemeanor on the  66
first offense and a felony on subsequent offenses, involving a  67
misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)  68
(6)(a) of section 109.572 of the Revised Code, involving a case  69
where a person was fingerprinted upon arrest and charged, or  70
involving an adjudication in a case in which a child under  71
eighteen years of age was alleged to be a delinquent child for  72
committing an act that would be a felony or an offense of  73
violence if committed by an adult. The clerk of the court of  74
common pleas shall include in the report and summary the clerk  75
sends under this division all information described in divisions  76
(A)(2)(a) to (f) of this section regarding a case before the  77
court of appeals that is served by that clerk. The summary shall  78
be written on the standard forms furnished submitted in the form  79
and manner prescribed by the superintendent pursuant to division  80
(B) of this section and shall include the following information:  81
Sub. H. B. No. 689  Page 4
As Passed by the House
       (a) The incident tracking number contained on the standard  82
forms furnished by the superintendent pursuant to division (B)  83
of this section assigned to the person or child at the time of  84
being fingerprinted;  85
       (b) The style and number of the case;  86
       (c) The date of arrest, offense, summons, or arraignment;  87
       (d) The date that the person was convicted of or pleaded  88
guilty to the offense, adjudicated a delinquent child for  89
committing the act that would be a felony or an offense of  90
violence if committed by an adult, found not guilty of the  91
offense, or found not to be a delinquent child for committing an  92
act that would be a felony or an offense of violence if  93
committed by an adult, the date of an entry dismissing the  94
charge, an entry declaring a mistrial of the offense in which  95
the person is discharged, an entry finding that the person or  96
child is not competent to stand trial, or an entry of a nolle  97
prosequi, or the date of any other determination that  98
constitutes final resolution of the case;  99
       (e) A statement of the original charge with the section of  100
the Revised Code that was alleged to be violated;  101
       (f) If the person or child was convicted, pleaded guilty,  102
or was adjudicated a delinquent child, the sentence or terms of  103
probation imposed or any other disposition of the offender or  104
the delinquent child.  105
       If the offense involved the disarming of a law enforcement  106
officer or an attempt to disarm a law enforcement officer, the  107
clerk shall clearly state that fact in the summary, and the  108
superintendent shall ensure that a clear statement of that fact  109
is placed in the bureau's records.  110
Sub. H. B. No. 689  Page 5
As Passed by the House
       (3)(3)(a) The superintendent shall cooperate with and  111
assist sheriffs, chiefs of police, and other law enforcement  112
officers in the establishment of a complete system of criminal  113
identification and in obtaining fingerprints and other means of  114
identification of all persons arrested on a charge of a felony,  115
any crime constituting a misdemeanor on the first offense and a  116
felony on subsequent offenses, or a misdemeanor described in  117
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572  118
of the Revised Code and of all children under eighteen years of  119
age arrested or otherwise taken into custody for committing an  120
act that would be a felony or an offense of violence if  121
committed by an adult. The superintendent shall prepare,  122
maintain, and publish an accurate list of offenses reportable  123
under division (A)(2) of this section, and provide training  124
regarding the proper methods of reporting fingerprints and  125
dispositions to the bureau.  126
       (b) The superintendent also shall file for record the  127
fingerprint impressions of all persons confined in a county,  128
multicounty, municipal, municipal-county, or multicounty-  129
municipal jail or workhouse, community-based correctional  130
facility, halfway house, alternative residential facility, or  131
state correctional institution for the violation of state laws  132
and of all children under eighteen years of age who are confined  133
in a county, multicounty, municipal, municipal-county, or  134
multicounty-municipal jail or workhouse, community-based  135
correctional facility, halfway house, alternative residential  136
facility, or state correctional institution or in any facility  137
for delinquent children for committing an act that would be a  138
felony or an offense of violence if committed by an adult, and  139
any other information that the superintendent may receive from  140
law enforcement officials of the state and its political  141
Sub. H. B. No. 689  Page 6
As Passed by the House
subdivisions.  142
       (4) The superintendent shall carry out Chapter 2950. of  143
the Revised Code with respect to the registration of persons who  144
are convicted of or plead guilty to a sexually oriented offense  145
or a child-victim oriented offense and with respect to all other  146
duties imposed on the bureau under that chapter.  147
       (5) The bureau shall perform centralized recordkeeping  148
functions for criminal history records and services in this  149
state for purposes of the national crime prevention and privacy  150
compact set forth in section 109.571 of the Revised Code and is  151
the criminal history record repository as defined in that  152
section for purposes of that compact. The superintendent or the  153
superintendent's designee is the compact officer for purposes of  154
that compact and shall carry out the responsibilities of the  155
compact officer specified in that compact.  156
       (6) The superintendent shall, upon request, assist a  157
county coroner in the identification of a deceased person  158
through the use of fingerprint impressions obtained pursuant to  159
division (A)(1) of this section or collected pursuant to section  160
109.572 or 311.41 of the Revised Code.  161
       (B) The superintendent shall prepare and furnish to every  162
county, multicounty, municipal, municipal-county, or  163
multicounty-municipal jail or workhouse, community-based  164
correctional facility, halfway house, alternative residential  165
facility, or state correctional institution and to every clerk  166
of a court in this state specified in division (A)(2) of this  167
section standard forms for reporting the information required  168
under division (A) of this section. The standard forms that the  169
superintendent prepares pursuant to this division may be in a  170
tangible format, in an electronic format, or in both tangible  171
Sub. H. B. No. 689  Page 7
As Passed by the House
formats and electronic formats.  172
       (C)(1) The superintendent may operate a center for  173
electronic, automated, or other data processing for the storage  174
and retrieval of information, data, and statistics pertaining to  175
criminals and to children under eighteen years of age who are  176
adjudicated delinquent children for committing an act that would  177
be a felony or an offense of violence if committed by an adult,  178
criminal activity, crime prevention, law enforcement, and  179
criminal justice, and may establish and operate a statewide  180
communications network to be known as the Ohio law enforcement  181
gateway to gather and disseminate information, data, and  182
statistics for the use of law enforcement agencies and for other  183
uses specified in this division. The superintendent may gather,  184
store, retrieve, and disseminate information, data, and  185
statistics that pertain to children who are under eighteen years  186
of age and that are gathered pursuant to sections 109.57 to  187
109.61 of the Revised Code together with information, data, and  188
statistics that pertain to adults and that are gathered pursuant  189
to those sections.  190
       (2) The superintendent or the superintendent's designee  191
shall gather information of the nature described in division (C)  192
(1) of this section that pertains to the offense and delinquency  193
history of a person who has been convicted of, pleaded guilty  194
to, or been adjudicated a delinquent child for committing a  195
sexually oriented offense or a child-victim oriented offense for  196
inclusion in the state registry of sex offenders and child-  197
victim offenders maintained pursuant to division (A)(1) of  198
section 2950.13 of the Revised Code and in the internet database  199
operated pursuant to division (A)(13) of that section and for  200
possible inclusion in the internet database operated pursuant to  201
division (A)(11) of that section.  202
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As Passed by the House
       (3) In addition to any other authorized use of  203
information, data, and statistics of the nature described in  204
division (C)(1) of this section, the superintendent or the  205
superintendent's designee may provide and exchange the  206
information, data, and statistics pursuant to the national crime  207
prevention and privacy compact as described in division (A)(5)  208
of this section.  209
       (4) The Ohio law enforcement gateway shall contain the  210
name, confidential address, and telephone number of program  211
participants in the address confidentiality program established  212
under sections 111.41 to 111.47 of the Revised Code.  213
       (5) The attorney general may adopt rules under Chapter  214
119. of the Revised Code establishing guidelines for the  215
operation of and participation in the Ohio law enforcement  216
gateway. The rules may include criteria for granting and  217
restricting access to information gathered and disseminated  218
through the Ohio law enforcement gateway. The attorney general  219
shall adopt rules under Chapter 119. of the Revised Code that  220
grant access to information in the gateway regarding an address  221
confidentiality program participant under sections 111.41 to  222
111.47 of the Revised Code to only chiefs of police, village  223
marshals, county sheriffs, county prosecuting attorneys, and a  224
designee of each of these individuals. The attorney general  225
shall permit an office of a county coroner, the state medical  226
board, and board of nursing to access and view, but not alter,  227
information gathered and disseminated through the Ohio law  228
enforcement gateway.  229
       The attorney general may appoint a steering committee to  230
advise the attorney general in the operation of the Ohio law  231
enforcement gateway that is comprised of persons who are  232
Sub. H. B. No. 689  Page 9
As Passed by the House
representatives of the criminal justice agencies in this state  233
that use the Ohio law enforcement gateway and is chaired by the  234
superintendent or the superintendent's designee.  235
       (D)(1) The following are not public records under section  236
149.43 of the Revised Code:  237
       (a) Information and materials furnished to the  238
superintendent pursuant to division (A) of this section;  239
       (b) Information, data, and statistics gathered or  240
disseminated through the Ohio law enforcement gateway pursuant  241
to division (C)(1) of this section;  242
       (c) Information and materials furnished to any board or  243
person under division (F) or (G) of this section.  244
       (2) The superintendent or the superintendent's designee  245
shall gather and retain information so furnished under division  246
(A) of this section that pertains to the offense and delinquency  247
history of a person who has been convicted of, pleaded guilty  248
to, or been adjudicated a delinquent child for committing a  249
sexually oriented offense or a child-victim oriented offense for  250
the purposes described in division (C)(2) of this section.  251
       (E)(1) The attorney general shall adopt rules, in  252
accordance with Chapter 119. of the Revised Code and subject to  253
division (E)(2) of this section, setting forth the procedure by  254
which a person may receive or release information gathered by  255
the superintendent pursuant to division (A) of this section. A  256
reasonable fee may be charged for this service. If a temporary  257
employment service submits a request for a determination of  258
whether a person the service plans to refer to an employment  259
position has been convicted of or pleaded guilty to an offense  260
listed or described in division (A)(1), (2), or (3) of section  261
Sub. H. B. No. 689  Page 10
As Passed by the House
109.572 of the Revised Code, the request shall be treated as a  262
single request and only one fee shall be charged.  263
       (2) Except as otherwise provided in this division or  264
division (E)(3) or (4) of this section, a rule adopted under  265
division (E)(1) of this section may provide only for the release  266
of information gathered pursuant to division (A) of this section  267
that relates to the conviction of a person, or a person's plea  268
of guilty to, a criminal offense or to the arrest of a person as  269
provided in division (E)(3) of this section. The superintendent  270
shall not release, and the attorney general shall not adopt any  271
rule under division (E)(1) of this section that permits the  272
release of, any information gathered pursuant to division (A) of  273
this section that relates to an adjudication of a child as a  274
delinquent child, or that relates to a criminal conviction of a  275
person under eighteen years of age if the person's case was  276
transferred back to a juvenile court under division (B)(2) or  277
(3) of section 2152.121 of the Revised Code and the juvenile  278
court imposed a disposition or serious youthful offender  279
disposition upon the person under either division, unless either  280
of the following applies with respect to the adjudication or  281
conviction:  282
       (a) The adjudication or conviction was for a violation of  283
section 2903.01 or 2903.02 of the Revised Code.  284
       (b) The adjudication or conviction was for a sexually  285
oriented offense, the juvenile court was required to classify  286
the child a juvenile offender registrant for that offense under  287
section 2152.82, 2152.83, or 2152.86 of the Revised Code, that  288
classification has not been removed, and the records of the  289
adjudication or conviction have not been sealed or expunged  290
pursuant to sections 2151.355 to 2151.358 or sealed or expunged  291
Sub. H. B. No. 689  Page 11
As Passed by the House
pursuant to section 2953.32 of the Revised Code.  292
       (3) A rule adopted under division (E)(1) of this section  293
may provide for the release of information gathered pursuant to  294
division (A) of this section that relates to the arrest of a  295
person who is eighteen years of age or older when the person has  296
not been convicted as a result of that arrest if any of the  297
following applies:  298
       (a) The arrest was made outside of this state.  299
       (b) A criminal action resulting from the arrest is  300
pending, and the superintendent confirms that the criminal  301
action has not been resolved at the time the criminal records  302
check is performed.  303
       (c) The bureau cannot reasonably determine whether a  304
criminal action resulting from the arrest is pending, and not  305
more than one year has elapsed since the date of the arrest.  306
       (4) A rule adopted under division (E)(1) of this section  307
may provide for the release of information gathered pursuant to  308
division (A) of this section that relates to an adjudication of  309
a child as a delinquent child if not more than five years have  310
elapsed since the date of the adjudication, the adjudication was  311
for an act that would have been a felony if committed by an  312
adult, the records of the adjudication have not been sealed or  313
expunged pursuant to sections 2151.355 to 2151.358 of the  314
Revised Code, and the request for information is made under  315
division (F) of this section or under section 109.572 of the  316
Revised Code. In the case of an adjudication for a violation of  317
the terms of community control or supervised release, the five-  318
year period shall be calculated from the date of the  319
adjudication to which the community control or supervised  320
Sub. H. B. No. 689  Page 12
As Passed by the House
release pertains.  321
       (F)(1) As used in division (F)(2) of this section, "head  322
start agency" means an entity in this state that has been  323
approved to be an agency for purposes of subchapter II of the  324
"Community Economic Development Act," 95 Stat. 489 (1981), 42  325
U.S.C.A. 9831, as amended.  326
       (2)(a) In addition to or in conjunction with any request  327
that is required to be made under section 109.572, 2151.86,  328
3301.32, 3301.541, division (C) of section 3310.58, or section  329
3319.39, 3319.391, 3327.10, 3740.11, 5103.053, 5104.013,  330
5123.081, or 5153.111 of the Revised Code or that is made under  331
section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised  332
Code, the board of education of any school district; the  333
director of developmental disabilities; any county board of  334
developmental disabilities; any provider or subcontractor as  335
defined in section 5123.081 of the Revised Code; the chief  336
administrator of any chartered nonpublic school; the chief  337
administrator of a registered private provider that is not also  338
a chartered nonpublic school; the chief administrator of any  339
home health agency; the chief administrator of or person  340
operating any child care center, type A family child care home,  341
or type B family child care home licensed under Chapter 5104. of  342
the Revised Code; the chief administrator of or person operating  343
any authorized private before and after school care program; the  344
chief administrator of any head start agency; the executive  345
director of a public children services agency; the operator of a  346
residential facility, as defined in section 2151.46 of the  347
Revised Code; a private company described in section 3314.41,  348
3319.392, 3326.25, or 3328.20 of the Revised Code; or an  349
employer described in division (J)(2) of section 3327.10 of the  350
Revised Code may request that the superintendent of the bureau  351
Sub. H. B. No. 689  Page 13
As Passed by the House
investigate and determine, with respect to any individual who  352
has applied for employment in any position after October 2,  353
1989, or any individual wishing to apply for employment with a  354
board of education may request, with regard to the individual,  355
whether the bureau has any information gathered under division  356
(A) of this section that pertains to that individual. On receipt  357
of the request, subject to division (E)(2) of this section, the  358
superintendent shall determine whether that information exists  359
and, upon request of the person, board, or entity requesting  360
information, also shall request from the federal bureau of  361
investigation any criminal records it has pertaining to that  362
individual. The superintendent or the superintendent's designee  363
also may request criminal history records from other states or  364
the federal government pursuant to the national crime prevention  365
and privacy compact set forth in section 109.571 of the Revised  366
Code. Within thirty days of the date that the superintendent  367
receives a request, subject to division (E)(2) of this section,  368
the superintendent shall send to the board, entity, or person a  369
report of any information that the superintendent determines  370
exists, including information contained in records that have  371
been sealed under section 2953.32 of the Revised Code, and,  372
within thirty days of its receipt, subject to division (E)(2) of  373
this section, shall send the board, entity, or person a report  374
of any information received from the federal bureau of  375
investigation, other than information the dissemination of which  376
is prohibited by federal law.  377
       (b) When a board of education or a registered private  378
provider is required to receive information under this section  379
as a prerequisite to employment of an individual pursuant to  380
division (C) of section 3310.58 or section 3319.39 of the  381
Revised Code, it may accept a certified copy of records that  382
Sub. H. B. No. 689  Page 14
As Passed by the House
were issued by the bureau of criminal identification and  383
investigation and that are presented by an individual applying  384
for employment with the district in lieu of requesting that  385
information itself. In such a case, the board shall accept the  386
certified copy issued by the bureau in order to make a photocopy  387
of it for that individual's employment application documents and  388
shall return the certified copy to the individual. In a case of  389
that nature, a district or provider only shall accept a  390
certified copy of records of that nature within one year after  391
the date of their issuance by the bureau.  392
        (c) Notwithstanding division (F)(2)(a) of this section, in  393
the case of a request under section 3319.39, 3319.391, or  394
3327.10 of the Revised Code only for criminal records maintained  395
by the federal bureau of investigation, the superintendent shall  396
not determine whether any information gathered under division  397
(A) of this section exists on the person for whom the request is  398
made.  399
        (3) The state board of education or the department of  400
education and workforce may request, with respect to any  401
individual who has applied for employment after October 2, 1989,  402
in any position with the state board or the department of  403
education and workforce, any information that a school district  404
board of education is authorized to request under division (F)  405
(2) of this section, and the superintendent of the bureau shall  406
proceed as if the request has been received from a school  407
district board of education under division (F)(2) of this  408
section.  409
        (4) When the superintendent of the bureau receives a  410
request for information under section 3319.291 of the Revised  411
Code, the superintendent shall proceed as if the request has  412
Sub. H. B. No. 689  Page 15
As Passed by the House
been received from a school district board of education and  413
shall comply with divisions (F)(2)(a) and (c) of this section.  414
       (G) In addition to or in conjunction with any request that  415
is required to be made under section 3712.09, 3721.121, or  416
3740.11 of the Revised Code with respect to an individual who  417
has applied for employment in a position that involves providing  418
direct care to an older adult or adult resident, the chief  419
administrator of a home health agency, hospice care program,  420
home licensed under Chapter 3721. of the Revised Code, or adult  421
day-care program operated pursuant to rules adopted under  422
section 3721.04 of the Revised Code may request that the  423
superintendent of the bureau investigate and determine, with  424
respect to any individual who has applied after January 27,  425
1997, for employment in a position that does not involve  426
providing direct care to an older adult or adult resident,  427
whether the bureau has any information gathered under division  428
(A) of this section that pertains to that individual.  429
       In addition to or in conjunction with any request that is  430
required to be made under section 173.27 of the Revised Code  431
with respect to an individual who has applied for employment in  432
a position that involves providing ombudsman services to  433
residents of long-term care facilities or recipients of  434
community-based long-term care services, the state long-term  435
care ombudsman, the director of aging, a regional long-term care  436
ombudsman program, or the designee of the ombudsman, director,  437
or program may request that the superintendent investigate and  438
determine, with respect to any individual who has applied for  439
employment in a position that does not involve providing such  440
ombudsman services, whether the bureau has any information  441
gathered under division (A) of this section that pertains to  442
that applicant.  443
Sub. H. B. No. 689  Page 16
As Passed by the House
       In addition to or in conjunction with any request that is  444
required to be made under section 173.38 of the Revised Code  445
with respect to an individual who has applied for employment in  446
a direct-care position, the chief administrator of a provider,  447
as defined in section 173.39 of the Revised Code, may request  448
that the superintendent investigate and determine, with respect  449
to any individual who has applied for employment in a position  450
that is not a direct-care position, whether the bureau has any  451
information gathered under division (A) of this section that  452
pertains to that applicant.  453
       In addition to or in conjunction with any request that is  454
required to be made under section 3712.09 of the Revised Code  455
with respect to an individual who has applied for employment in  456
a position that involves providing direct care to a pediatric  457
respite care patient, the chief administrator of a pediatric  458
respite care program may request that the superintendent of the  459
bureau investigate and determine, with respect to any individual  460
who has applied for employment in a position that does not  461
involve providing direct care to a pediatric respite care  462
patient, whether the bureau has any information gathered under  463
division (A) of this section that pertains to that individual.  464
       On receipt of a request under this division, the  465
superintendent shall determine whether that information exists  466
and, on request of the individual requesting information, shall  467
also request from the federal bureau of investigation any  468
criminal records it has pertaining to the applicant. The  469
superintendent or the superintendent's designee also may request  470
criminal history records from other states or the federal  471
government pursuant to the national crime prevention and privacy  472
compact set forth in section 109.571 of the Revised Code. Within  473
thirty days of the date a request is received, subject to  474
Sub. H. B. No. 689  Page 17
As Passed by the House
division (E)(2) of this section, the superintendent shall send  475
to the requester a report of any information determined to  476
exist, including information contained in records that have been  477
sealed under section 2953.32 of the Revised Code, and, within  478
thirty days of its receipt, shall send the requester a report of  479
any information received from the federal bureau of  480
investigation, other than information the dissemination of which  481
is prohibited by federal law.  482
       (H) Information obtained by a government entity or person  483
under this section is confidential and shall not be released or  484
disseminated.  485
       (I) The superintendent may charge a reasonable fee for  486
providing information or criminal records under division (F)(2)  487
or (G) of this section.  488
       (J) As used in this section:  489
       (1) "Pediatric respite care program" and "pediatric care  490
patient" have the same meanings as in section 3712.01 of the  491
Revised Code.  492
       (2) "Sexually oriented offense" and "child-victim oriented  493
offense" have the same meanings as in section 2950.01 of the  494
Revised Code.  495
       (3) "Registered private provider" means a nonpublic school  496
or entity registered with the department of education and  497
workforce under section 3310.41 of the Revised Code to  498
participate in the autism scholarship program or section 3310.58  499
of the Revised Code to participate in the Jon Peterson special  500
needs scholarship program.  501
       Sec. 109.573. (A) As used in this section:  502
Sub. H. B. No. 689  Page 18
As Passed by the House
       (1) "DNA" means human deoxyribonucleic acid.  503
       (2) "DNA analysis" means a laboratory analysis of a DNA  504
specimen to identify DNA characteristics and to create a DNA  505
record.  506
       (3) "DNA database" means a collection of DNA records from  507
forensic casework or from crime scenes, specimens from anonymous  508
and unidentified sources, and records collected pursuant to  509
sections 2152.74 and 2901.07 of the Revised Code and a  510
population statistics database for determining the frequency of  511
occurrence of characteristics in DNA records.  512
       (4) "DNA record" means the objective result of a DNA  513
analysis of a DNA specimen, including representations of DNA  514
fragment lengths, digital images of autoradiographs, discrete  515
allele assignment numbers, and other DNA specimen  516
characteristics that aid in establishing the identity of an  517
individual.  518
       (5) "DNA specimen" includes human blood cells or  519
physiological tissues or body fluids.  520
       (6) "Unidentified person database" means a collection of  521
DNA records, and, on and after May 21, 1998, of fingerprint and  522
photograph records, of unidentified human corpses, human  523
remains, or living individuals.  524
       (7) "Relatives of missing persons database" means a  525
collection of DNA records of persons related by consanguinity to  526
a missing person.  527
       (8) "Law enforcement agency" means a police department,  528
the office of a sheriff, the state highway patrol, a county  529
prosecuting attorney, or a federal, state, or local governmental  530
body that enforces criminal laws and that has employees who have  531
Sub. H. B. No. 689  Page 19
As Passed by the House
a statutory power of arrest.  532
       (9) "Administration of criminal justice" means the  533
performance of detection, apprehension, detention, pretrial  534
release, post-trial release, prosecution, adjudication,  535
correctional supervision, or rehabilitation of accused persons  536
or criminal offenders. "Administration of criminal justice" also  537
includes criminal identification activities and the collection,  538
storage, and dissemination of criminal history record  539
information.  540
       (B)(1) The superintendent of the bureau of criminal  541
identification and investigation may do all of the following:  542
       (a) Establish and maintain a state DNA laboratory to  543
perform DNA analyses of DNA specimens;  544
       (b) Establish and maintain a DNA database;  545
       (c) Establish and maintain an unidentified person database  546
to aid in the establishment of the identity of unknown human  547
corpses, human remains, or living individuals;  548
       (d) Establish and maintain a relatives of missing persons  549
database for comparison with the unidentified person database to  550
aid in the establishment of the identity of unknown human  551
corpses, human remains, and living individuals.  552
       (2) If the bureau of criminal identification and  553
investigation establishes and maintains a DNA laboratory and a  554
DNA database, the bureau may use or disclose information  555
regarding DNA records for the following purposes:  556
       (a) The bureau may disclose information to a law  557
enforcement agency for the administration of criminal justice.  558
       (b) The bureau shall disclose pursuant to a court order  559
Sub. H. B. No. 689  Page 20
As Passed by the House
issued under section 3111.09 of the Revised Code in any action  560
to determine paternity any information necessary to determine  561
the existence of a parent and child relationship in an action  562
brought under sections 3111.01 to 3111.18 of the Revised Code.  563
       (c) The bureau may use or disclose information from the  564
population statistics database for identification research and  565
protocol development or for quality control purposes.  566
       (3) If the bureau of criminal identification and  567
investigation establishes and maintains a relatives of missing  568
persons database, all of the following apply:  569
       (a) If a person has disappeared and has been continuously  570
absent from the person's place of last domicile for a thirty-day  571
or longer period of time without being heard from during the  572
period, persons related by consanguinity to the missing person  573
may submit to the bureau a DNA specimen, the bureau may include  574
the DNA record of the specimen in the relatives of missing  575
persons database, and, if the bureau does not include the DNA  576
record of the specimen in the relatives of missing persons  577
database, the bureau shall retain the DNA record for future  578
reference and inclusion as appropriate in that database.  579
       (b) The bureau shall not charge a fee for the submission  580
of a DNA specimen pursuant to division (B)(3)(a) of this  581
section.  582
       (c) If the DNA specimen submitted pursuant to division (B)  583
(3)(a) of this section is collected by withdrawing blood from  584
the person or a similarly invasive procedure, a physician,  585
registered nurse, licensed practical nurse, duly licensed  586
clinical laboratory technician, or other qualified medical  587
practitioner shall conduct the collection procedure for the DNA  588
Sub. H. B. No. 689  Page 21
As Passed by the House
specimen submitted pursuant to division (B)(3)(a) of this  589
section and shall collect the DNA specimen in a medically  590
approved manner. If the DNA specimen is collected by swabbing  591
for buccal cells or a similarly noninvasive procedure, division  592
(B)(3)(c) of this section does not require that the DNA specimen  593
be collected by a qualified medical practitioner of that nature.  594
No later than fifteen days after the date of the collection of  595
the DNA specimen, the person conducting the DNA specimen  596
collection procedure shall cause the DNA specimen to be  597
forwarded to the bureau of criminal identification and  598
investigation in accordance with procedures established by the  599
superintendent of the bureau under division (H) of this section.  600
The bureau may provide the specimen vials, mailing tubes,  601
labels, postage, and instruction needed for the collection and  602
forwarding of the DNA specimen to the bureau.  603
       (d) The superintendent, in the superintendent's  604
discretion, may compare DNA records in the relatives of missing  605
persons database with the DNA records in the unidentified person  606
database.  607
       (4) If the bureau of criminal identification and  608
investigation establishes and maintains an unidentified person  609
database and if the superintendent of the bureau identifies a  610
matching DNA record for the DNA record of a person or deceased  611
person whose DNA record is contained in the unidentified person  612
database, the superintendent shall inform the coroner who  613
submitted or the law enforcement agency that submitted the DNA  614
specimen to the bureau of the match and, if possible, of the  615
identity of the unidentified person.  616
       (5) The bureau of criminal identification and  617
investigation may enter into a contract with a qualified public  618
Sub. H. B. No. 689  Page 22
As Passed by the House
or private laboratory to perform DNA analyses, DNA specimen  619
maintenance, preservation, and storage, DNA record keeping, and  620
other duties required of the bureau under this section. A public  621
or private laboratory under contract with the bureau shall  622
follow quality assurance and privacy requirements established by  623
the superintendent of the bureau.  624
       (C) The superintendent of the bureau of criminal  625
identification and investigation shall establish procedures for  626
entering into the DNA database the DNA records submitted  627
pursuant to sections 2152.74 and 2901.07 of the Revised Code and  628
for determining an order of priority for entry of the DNA  629
records based on the types of offenses committed by the persons  630
whose records are submitted and the available resources of the  631
bureau.  632
       (D) When a DNA record is derived from a DNA specimen  633
provided pursuant to section 2152.74 or 2901.07 of the Revised  634
Code, the bureau of criminal identification and investigation  635
shall attach to the DNA record personal identification  636
information that identifies the person from whom the DNA  637
specimen was taken. The personal identification information may  638
include the subject person's fingerprints and any other  639
information the bureau determines necessary. The DNA record and  640
personal identification information attached to it shall be used  641
only for the purpose of personal identification or for a purpose  642
specified in this section.  643
       (E) DNA records, DNA specimens, fingerprints, and  644
photographs that the bureau of criminal identification and  645
investigation receives pursuant to this section and sections  646
313.08, 2152.74, 2901.07, and 2933.82 of the Revised Code and  647
personal identification information attached to a DNA record are  648
Sub. H. B. No. 689  Page 23
As Passed by the House
not public records under section 149.43 of the Revised Code.  649
       (F) The bureau of criminal identification and  650
investigation may charge a reasonable fee for providing  651
information pursuant to this section to any law enforcement  652
agency located in another state.  653
       (G)(1) No person who because of the person's employment or  654
official position has access to a DNA specimen, a DNA record, or  655
other information contained in the DNA database that identifies  656
an individual shall knowingly disclose that specimen, record, or  657
information to any person or agency not entitled to receive it  658
or otherwise shall misuse that specimen, record, or information.  659
       (2) No person without authorization or privilege to obtain  660
information contained in the DNA database that identifies an  661
individual person shall purposely obtain that information.  662
       (H) The superintendent of the bureau of criminal  663
identification and investigation shall establish procedures for  664
all of the following:  665
       (1) The forwarding to the bureau of DNA specimens  666
collected pursuant to division (H) of this section and sections  667
313.08, 2152.74, 2901.07, and 2933.82 of the Revised Code and of  668
fingerprints and photographs collected pursuant to section  669
313.08 of the Revised Code;  670
       (2) The collection, maintenance, preservation, and  671
analysis of DNA specimens;  672
       (3) The creation, maintenance, and operation of the DNA  673
database;  674
       (4) The use and dissemination of information from the DNA  675
database;  676
Sub. H. B. No. 689  Page 24
As Passed by the House
       (5) The creation, maintenance, and operation of the  677
unidentified person database;  678
       (6) The use and dissemination of information from the  679
unidentified person database;  680
       (7) The creation, maintenance, and operation of the  681
relatives of missing persons database;  682
       (8) The use and dissemination of information from the  683
relatives of missing persons database;  684
       (9) The verification of entities requesting DNA records  685
and other DNA information from the bureau and the authority of  686
the entity to receive the information;  687
       (10) The operation of the bureau and responsibilities of  688
employees of the bureau with respect to the activities described  689
in this section.  690
       (I) In conducting DNA analyses of DNA specimens, the state  691
DNA laboratory and any laboratory with which the bureau has  692
entered into a contract pursuant to division (B)(5) of this  693
section shall give DNA analyses of DNA specimens that relate to  694
ongoing criminal investigations or prosecutions or that are  695
forwarded by law enforcement agencies pursuant to divisions (B)  696
(2)(a) and (b) of section 2933.82 of the Revised Code priority  697
over DNA analyses of DNA specimens that relate to applications  698
made pursuant to section 2953.73 of the Revised Code. The state  699
DNA laboratory and any laboratory under contract with the bureau  700
to perform DNA analyses shall consider the period of time  701
remaining under section 2901.13 of the Revised Code for  702
commencing the prosecution of a criminal offense related to the  703
DNA specimens as well as other relevant factors in prioritizing  704
DNA analysis of the DNA specimens forwarded by law enforcement  705
Sub. H. B. No. 689  Page 25
As Passed by the House
agencies pursuant to division (B)(2)(a) or (b) of section  706
2933.82 of the Revised Code.  707
       (J) The attorney general may develop procedures for  708
entering into the national DNA index system the DNA records  709
submitted pursuant to division (B)(1) of section 2901.07 of the  710
Revised Code.  711
       Sec. 109.60. (A)(1)(A)(1)(a) The sheriffs of the several  712
counties and the chiefs of police of cities, immediately upon  713
the arrest of any person for any felony, on suspicion of any  714
felony, for a crime constituting a misdemeanor on the first  715
offense and a felony on subsequent offenses, or for any  716
misdemeanor described in division (A)(1)(a), (A)(8)(a) , or (A)  717
(10)(a) (A)(4)(a), or (A)(6)(a) of section 109.572 of the  718
Revised Code, and immediately upon the arrest or taking into  719
custody of any child under eighteen years of age for committing  720
an act that would be a felony or an offense of violence if  721
committed by an adult or upon probable cause to believe that a  722
child of that age may have committed an act that would be a  723
felony or an offense of violence if committed by an adult, shall  724
take the person's or child's fingerprints, or cause the same to  725
be taken, according to the fingerprint system of identification  726
on in the forms furnishedform and manner prescribed by the  727
superintendent of the bureau of criminal identification and  728
investigation, and immediately shall electronically forward  729
copies of the completed forms in the manner prescribed by the  730
superintendent, any other description that may be required, and  731
the history of the offense committed to the bureau to be  732
classified and filed and submitted to the clerk of the court  733
having jurisdiction over the prosecution of the offense or over  734
the adjudication relative to the act.  735
Sub. H. B. No. 689  Page 26
As Passed by the House
       (b) If a case for a person or child whose fingerprints  736
were taken is sent directly to a grand jury for indictment and  737
no charges are brought, the prosecuting authority to whom the  738
case was referred shall notify the sheriff or chief of police,  739
and the sheriff or chief of police shall notify the bureau that  740
no charges were brought against the person or child. If a case  741
for a person or child is sent directly to a grand jury for  742
indictment and the case proceeds on a direct indictment, the  743
court of common pleas shall order that the person's or child's  744
fingerprints be taken if not previously taken, and the clerk of  745
the court of common pleas shall report the case information and  746
disposition to the bureau.  747
       (c) If an offender is convicted of an offense that is  748
required to be reported to the bureau pursuant to section 109.57  749
of the Revised Code, has not been fingerprinted in connection  750
with the instant case, and is sentenced to a term of community  751
control, the court shall order the offender be fingerprinted as  752
a condition of community control. Upon being fingerprinted, the  753
party responsible for obtaining the offender's fingerprints  754
shall immediately electronically submit copies of the completed  755
forms, any other description that may be required, and the  756
history of the offense committed to the bureau to be classified  757
and filed with the clerk of the court.  758
       (2) Except as provided in division (B) of this section, if  759
a person or child has not been arrested and first appears before  760
a court or magistrate in response to a summons, or if a sheriff  761
or chief of police has not taken, or caused to be taken, a  762
person's or child's fingerprints in accordance with division (A)  763
(1) of this section by the time of the arraignment or first  764
appearance of the person or child, the court shall take the  765
person's or child's fingerprints or shall order the person or  766
Sub. H. B. No. 689  Page 27
As Passed by the House
child to appear before the sheriff or , chief of police, a  767
designee of the sheriff or chief of police, or an individual  768
under the authority of the court and designated by the court to  769
take and submit fingerprints, within twenty-four hours to have  770
the person's or child's fingerprints taken. The sheriff or,  771
chief of police, or other designated individual shall take the  772
person's or child's fingerprints, or cause the fingerprints to  773
be taken, according to the fingerprint system of identification  774
on in the forms furnishedform and manner prescribed by the  775
superintendent of the bureau of criminal identification and  776
investigation and, immediately after the person's or child's  777
arraignment or first appearance, electronically forward copies  778
of the completed forms in the manner prescribed by the  779
superintendent of the bureau, any other description that may be  780
required, and the history of the offense committed to the bureau  781
to be classified and filed and to the clerk of the court.  782
       (3) Every court with jurisdiction over a case involving a  783
person or child with respect to whom division (A)(1) or (2) of  784
this section requires a sheriff or chief of police to take the  785
person's or child's fingerprints to be taken shall inquire, at  786
or before the time of the person's or child's sentencing or  787
adjudication, verify or cause to be verified through a reliable  788
electronic records system whether or not the person or child has  789
been fingerprinted pursuant to division (A)(1) or (2) of this  790
section for the original arrest or court appearance upon which  791
the sentence or adjudication is based. If the person or child  792
was not fingerprinted for the original arrest or court  793
appearance upon which the sentence or adjudication is based, the  794
court shall take the person's or child's fingerprints or shall  795
order the person or child to appear before the sheriff or, chief  796
of police within twenty-four hours, a designee of the sheriff or  797
Sub. H. B. No. 689  Page 28
As Passed by the House
chief of police, or an individual under the authority of the  798
court and designated by the court to take and submit  799
fingerprints to have the person's or child's fingerprints taken  800
at any time before sentencing or adjudication. If the person or  801
child has not been fingerprinted prior to sentencing or  802
adjudication, the court shall continue the proceeding for the  803
time required for the court to obtain the fingerprints. If the  804
court orders the person or child to appear before the sheriff or  805
chief of police to have the person's or child's fingerprints  806
taken, the sheriff or chief of police shall take the person's or  807
child's fingerprints, or cause the fingerprints to be taken,  808
according to the fingerprint system of identification on in the  809
forms furnished form and manner prescribed by the superintendent  810
of the bureau of criminal identification and investigation and  811
immediately electronically forward copies of the completed forms  812
in the manner prescribed by the superintendent of the bureau,  813
any other description that may be required, and the history of  814
the offense committed to the bureau to be classified and filed  815
and to the clerk of the court. The sheriff, chief of police, a  816
designee of the sheriff or chief of police, or other individual  817
under the authority of the court and designated by the court to  818
take fingerprints shall take the person's or child's  819
fingerprints, or cause the fingerprints to be taken, immediately  820
upon being presented with the court order requiring fingerprints  821
to be taken and provide those fingerprints to the court and  822
bureau as described above.  823
       (4) If a person or child is in the custody of a law  824
enforcement agency or a detention facility, as defined in  825
section 2921.01 of the Revised Code, and the chief law  826
enforcement officer or chief administrative officer of the  827
detention facility discovers that a warrant has been issued or a  828
Sub. H. B. No. 689  Page 29
As Passed by the House
bill of information, indictment, or complaint, including  829
offenses that occur while the person or child is in detention,  830
has been filed alleging the person or child to have committed an  831
offense or act other than the offense or act for which the  832
person or child is in custody, and the other alleged offense or  833
act is one for which fingerprints are to be taken pursuant to  834
division (A)(1) of this section, the law enforcement agency or  835
detention facility shall take the fingerprints of the person or  836
child, or cause the fingerprints to be taken, according to the  837
fingerprint system of identification on in the forms furnished  838
form and manner prescribed by the superintendent of the bureau  839
of criminal identification and investigation and immediately  840
electronically forward copies of the completed forms in the  841
manner prescribed by the superintendent of the bureau, any other  842
description that may be required, and the history of the offense  843
committed to the bureau to be classified and filed and to the  844
clerk of the court that issued the warrant, indictment, or  845
complaint, or with which the bill of information was filed, and  846
submit to the clerk of the court hearing the case, if different  847
from the issuing court.  848
       (5)(5)(a) If an accused is found not guilty of the offense  849
charged or a nolle prosequi is entered in any case, or if any  850
accused child under eighteen years of age is found not to be a  851
delinquent child for committing an act that would be a felony or  852
an offense of violence if committed by an adult or not guilty of  853
the felony or offense of violence charged or a nolle prosequi is  854
entered in that case, the fingerprints and description shall be  855
given to the accused upon the accused's request.  856
       (b) If no charges are filed or a person is otherwise  857
released or dismissed after being fingerprinted and those  858
fingerprints have been forwarded to the bureau of criminal  859
Sub. H. B. No. 689  Page 30
As Passed by the House
identification and investigation, the sheriffs of the several  860
counties and the chiefs of police of cities shall notify the  861
bureau that no charges were filed or the person was otherwise  862
released and the bureau shall note that status in connection to  863
the fingerprint record.  864
       (c) If, after a person or child is arrested and  865
fingerprinted for a criminal offense no indictment is returned,  866
bill of information is filed, or charges are filed by the  867
prosecuting authority to whom the case was referred, the  868
prosecuting authority to whom the case was referred shall notify  869
the law enforcement agency that referred the case that no  870
charges are forthcoming at this time, the sheriff or chief of  871
police shall notify the bureau of the case status, and the  872
bureau shall note that status in connection to the fingerprint  873
record.  874
       (6) The superintendent shall compare the description  875
received with those already on file in the bureau, and, if the  876
superintendent finds that the person arrested or taken into  877
custody has a criminal record or a record as a delinquent child  878
for having committed an act that would be a felony or an offense  879
of violence if committed by an adult or is a fugitive from  880
justice or wanted by any jurisdiction in this or another state,  881
the United States, or a foreign country for any offense, the  882
superintendent at once shall inform the arresting officer, the  883
officer taking the person into custody, or the chief  884
administrative officer of the county, multicounty, municipal,  885
municipal-county, or multicounty-municipal jail or workhouse,  886
community-based correctional facility, halfway house,  887
alternative residential facility, or state correctional  888
institution in which the person or child is in custody of that  889
fact and give appropriate notice to the proper authorities in  890
Sub. H. B. No. 689  Page 31
As Passed by the House
the jurisdiction in which the person is wanted, or, if that  891
jurisdiction is a foreign country, give appropriate notice to  892
federal authorities for transmission to the foreign country. The  893
names, under which each person whose identification is filed is  894
known, shall be alphabetically indexed by the superintendent.  895
       (B) Division (A) of this section does not apply to a  896
violator of a city ordinance unless the officers have reason to  897
believe that the violator is a past offender or the crime is one  898
constituting a misdemeanor on the first offense and a felony on  899
subsequent offenses, or unless it is advisable for the purpose  900
of subsequent identification. This section does not apply to any  901
child under eighteen years of age who was not arrested or  902
otherwise taken into custody for committing an act that would be  903
a felony or an offense of violence if committed by an adult or  904
upon probable cause to believe that a child of that age may have  905
committed an act that would be a felony or an offense of  906
violence if committed by an adult, except as provided in section  907
2151.313 of the Revised Code.  908
       (C)(1) For purposes of division (C) of this section, a law  909
enforcement agency shall be considered to have arrested a person  910
if any law enforcement officer who is employed by, appointed by,  911
or serves that agency arrests the person. As used in division  912
(C) of this section:  913
       (a) "Illegal methamphetamine manufacturing laboratory" has  914
the same meaning as in section 3745.13 of the Revised Code.  915
       (b) "Methamphetamine or a methamphetamine product" means  916
methamphetamine, any salt, isomer, or salt of an isomer of  917
methamphetamine, or any compound, mixture, preparation, or  918
substance containing methamphetamine or any salt, isomer, or  919
salt of an isomer of methamphetamine.  920
Sub. H. B. No. 689  Page 32
As Passed by the House
       (2) Each law enforcement agency that, in any calendar  921
year, arrests any person for a violation of section 2925.04 of  922
the Revised Code that is based on the manufacture of  923
methamphetamine or a methamphetamine product, a violation of  924
section 2925.041 of the Revised Code that is based on the  925
possession of chemicals sufficient to produce methamphetamine or  926
a methamphetamine product, or a violation of any other provision  927
of Chapter 2925. or 3719. of the Revised Code that is based on  928
the possession of chemicals sufficient to produce  929
methamphetamine or a methamphetamine product shall prepare an  930
annual report covering the calendar year that contains the  931
information specified in division (C)(3) of this section  932
relative to all arrests for violations of those sections  933
committed under those circumstances during that calendar year  934
and relative to illegal methamphetamine manufacturing  935
laboratories, dump sites, and chemical caches as specified in  936
that division and shall send the annual report, not later than  937
the first day of March in the calendar year following the  938
calendar year covered by the report, to the bureau of criminal  939
identification and investigation.  940
       The law enforcement agency shall write any annual report  941
prepared and filed under this division on in the standard forms  942
furnished form and manner prescribed by the superintendent of  943
the bureau of criminal identification and investigation pursuant  944
to division (C)(4) of this section. The annual report shall be a  945
statistical report, and nothing in the report or in the  946
information it contains shall identify, or enable the  947
identification of, any person who was arrested and whose arrest  948
is included in the information contained in the report. The  949
annual report in the possession of the bureau and the  950
information it contains are public records for the purpose of  951
Sub. H. B. No. 689  Page 33
As Passed by the House
section 149.43 of the Revised Code.  952
       (3) The annual report prepared and filed by a law  953
enforcement agency under division (C)(2) of this section shall  954
contain all of the following information for the calendar year  955
covered by the report:  956
       (a) The total number of arrests made by the agency in that  957
calendar year for a violation of section 2925.04 of the Revised  958
Code that is based on the manufacture of methamphetamine or a  959
methamphetamine product, a violation of section 2925.041 of the  960
Revised Code that is based on the possession of chemicals  961
sufficient to produce methamphetamine or a methamphetamine  962
product, or a violation of any other provision of Chapter 2925.  963
or 3719. of the Revised Code that is based on the possession of  964
chemicals sufficient to produce methamphetamine or a  965
methamphetamine product;  966
       (b) The total number of illegal methamphetamine  967
manufacturing laboratories at which one or more of the arrests  968
reported under division (C)(3)(a) of this section occurred, or  969
that were discovered in that calendar year within the territory  970
served by the agency but at which none of the arrests reported  971
under division (C)(3)(a) of this section occurred;  972
       (c) The total number of dump sites and chemical caches  973
that are, or that are reasonably believed to be, related to  974
illegal methamphetamine manufacturing and that were discovered  975
in that calendar year within the territory served by the agency.  976
       (4) The superintendent of the bureau of criminal  977
identification and investigation shall prepare and furnish to  978
each law enforcement agency in this state standard forms for  979
making the annual reports required by division (C)(2) of this  980
Sub. H. B. No. 689  Page 34
As Passed by the House
section. The standard forms that the superintendent prepares  981
pursuant to this division may be in a tangible format, in an  982
electronic format, or in both a tangible format and an  983
electronic format.  984
        (5) The annual report required by division (C)(2) of this  985
section is separate from, and in addition to, any report,  986
materials, or information required under division (A) of this  987
section or under any other provision of sections 109.57 to  988
109.62 of the Revised Code.  989
        Sec. 2953.32. (A)(1) Sections 2953.32 and 2953.34 of the  990
Revised Code do not apply to any of the following:  991
        (a) Convictions under Chapter 4506., 4507., 4510., 4511.,  992
or 4549. of the Revised Code, or a conviction for a violation of  993
a municipal ordinance that is substantially similar to any  994
section contained in any of those chapters;  995
        (b) Convictions of a felony offense of violence that is  996
not a sexually oriented offense;  997
        (c) Convictions of a sexually oriented offense when the  998
offender is subject to the requirements of Chapter 2950. of the  999
Revised Code or Chapter 2950. of the Revised Code as it existed  1000
prior to January 1, 2008;  1001
        (d) Convictions of an offense in circumstances in which  1002
the victim of the offense was less than thirteen years of age,  1003
except for convictions under section 2919.21 of the Revised  1004
Code;  1005
        (e) Convictions for a violation of section 2921.41 of the  1006
Revised Code;  1007
        (f) Convictions of a felony of the first or second degree;  1008
Sub. H. B. No. 689  Page 35
As Passed by the House
       (g) Convictions for a violation of section 2919.25 of the  1009
Revised Code that is a misdemeanor of the first or second degree  1010
or convictions for a violation of a municipal ordinance that is  1011
substantially similar to that section;  1012
       (h) Convictions of a felony of the third degree if the  1013
offender has more than one other conviction of any felony or, if  1014
the person has exactly two convictions of a felony of the third  1015
degree, has more convictions in total than those two third  1016
degree felony convictions and two misdemeanor convictions.  1017
       (2) Sections 2953.32 to 2953.34 of the Revised Code apply  1018
to the following for purposes of sealing, but not for purposes  1019
of expungement of the record of the case:  1020
       (a) Convictions for a violation of section 2919.25 of the  1021
Revised Code that is a misdemeanor of the third or fourth degree  1022
or convictions for a violation of a municipal ordinance that is  1023
substantially similar to that section;  1024
       (b) Convictions for a violation of section 2919.27 of the  1025
Revised Code or convictions for a violation of a municipal  1026
ordinance that is substantially similar to that section.  1027
       (3) For purposes of division (A)(1)(h) of this section,  1028
both of the following apply:  1029
       (a) When two or more convictions result from or are  1030
connected with the same act or result from offenses committed at  1031
the same time, they shall be counted as one conviction.  1032
       (b) When two or three convictions result from the same  1033
indictment, information, or complaint, from the same plea of  1034
guilty, or from the same official proceeding, and result from  1035
related criminal acts that were committed within a three-month  1036
period but do not result from the same act or from offenses  1037
Sub. H. B. No. 689  Page 36
As Passed by the House
committed at the same time, they shall be counted as one  1038
conviction, provided that a court may decide as provided in  1039
division (D)(1)(i) of this section that it is not in the public  1040
interest for the two or three convictions to be counted as one  1041
conviction.  1042
       (B)(1) Except as provided in section 2953.61 of the  1043
Revised Code or as otherwise provided in division (B)(1)(a)(iii)  1044
of this section, an eligible offender may apply to the  1045
sentencing court if convicted in this state, or to a court of  1046
common pleas if convicted in another state or in a federal  1047
court, for the sealing or expungement of the record of the case  1048
that pertains to the conviction, except for convictions listed  1049
in division (A)(1) of this section. Application may be made at  1050
whichever of the following times is applicable regarding the  1051
offense:  1052
       (a) An application for sealing under this section may be  1053
made at whichever of the following times is applicable regarding  1054
the offense:  1055
       (i) Except as otherwise provided in division (B)(1)(a)(iv)  1056
of this section, at the expiration of three years after the  1057
offender's final discharge if convicted of one or two felonies  1058
of the third degree, so long as none of the offenses is a  1059
violation of section 2921.43 of the Revised Code;  1060
       (ii) Except as otherwise provided in division (B)(1)(a)  1061
(iv) of this section, at the expiration of one year after the  1062
offender's final discharge if convicted of one or more felonies  1063
of the fourth or fifth degree or one or more misdemeanors, so  1064
long as none of the offenses is a violation of section 2921.43  1065
of the Revised Code or a felony offense of violence;  1066
Sub. H. B. No. 689  Page 37
As Passed by the House
        (iii) At the expiration of seven years after the  1067
offender's final discharge if the record includes one or more  1068
convictions of soliciting improper compensation in violation of  1069
section 2921.43 of the Revised Code;  1070
        (iv) If the offender was subject to the requirements of  1071
Chapter 2950. of the Revised Code or Chapter 2950. of the  1072
Revised Code as it existed prior to January 1, 2008, at the  1073
expiration of five years after the requirements have ended under  1074
section 2950.07 of the Revised Code or section 2950.07 of the  1075
Revised Code as it existed prior to January 1, 2008, or are  1076
terminated under section 2950.15 or 2950.151 of the Revised  1077
Code;  1078
        (v) At the expiration of six months after the offender's  1079
final discharge if convicted of a minor misdemeanor.  1080
        (b) An application for expungement under this section may  1081
be made at whichever of the following times is applicable  1082
regarding the offense:  1083
        (i) Except as otherwise provided in division (B)(1)(b)(ii)  1084
of this section, if the offense is a misdemeanor, at the  1085
expiration of one year after the offender's final discharge;  1086
        (ii) If the offense is a minor misdemeanor, at the  1087
expiration of six months after the offender's final discharge;  1088
        (iii) If the offense is a felony, at the expiration of ten  1089
years after the time specified in division (B)(1)(a) of this  1090
section at which the person may file an application for sealing  1091
with respect to that felony offense.  1092
        (2) Any person who has been arrested for any misdemeanor  1093
offense and who has effected a bail forfeiture for the offense  1094
charged may apply to the court in which the misdemeanor criminal  1095
Sub. H. B. No. 689  Page 38
As Passed by the House
case was pending when bail was forfeited for the sealing or  1096
expungement of the record of the case that pertains to the  1097
charge. Except as provided in section 2953.61 of the Revised  1098
Code, the application may be filed at whichever of the following  1099
times is applicable regarding the offense:  1100
       (a) An application for sealing under this section may be  1101
made at any time after the date on which the bail forfeiture was  1102
entered upon the minutes of the court or the journal, whichever  1103
entry occurs first.  1104
       (b) An application for expungement under this section may  1105
be made at whichever of the following times is applicable  1106
regarding the offense:  1107
       (i) Except as provided in division (B)(2)(b)(ii) of this  1108
section, at any time after the expiration of one year from the  1109
date on which the bail forfeiture was entered upon the minutes  1110
of the court or the journal, whichever entry occurs first;  1111
       (ii) If the offense is a minor misdemeanor, at any time  1112
after the expiration of six months from the date on which the  1113
bail forfeiture was entered upon the minutes of the court or the  1114
journal, whichever entry occurs first.  1115
       (C) Upon the filing of an application under this section,  1116
the court shall set a date for a hearing and shall notify the  1117
prosecutor for the case of the hearing on the application not  1118
less than sixty days prior to the hearing. Pursuant to the Ohio  1119
Constitution, the prosecutor shall provide timely notice of the  1120
application and the date and time of the hearing to a victim and  1121
victim's representative, if applicable, if the victim or  1122
victim's representative requested notice of the proceedings in  1123
the underlying case. The court shall hold the hearing not less  1124
Sub. H. B. No. 689  Page 39
As Passed by the House
than forty-five days and not more than ninety days from the date  1125
of the filing of the application, unless the delay is caused by  1126
the applicant. The prosecutor may object to the granting of the  1127
application by filing a written objection with the court not  1128
later than thirty days prior to the date set for the hearing.  1129
The prosecutor shall specify in the objection the reasons for  1130
believing a denial of the application is justified. The victim,  1131
victim's representative, and victim's attorney, if applicable,  1132
may be present and heard orally, in writing, or both at any  1133
hearing under this section. The court shall direct its regular  1134
probation officer, a state probation officer, or the department  1135
of probation of the county in which the applicant resides to  1136
make inquiries and written reports as the court requires  1137
concerning the applicant. The probation officer or county  1138
department of probation that the court directs to make inquiries  1139
and written reports as the court requires concerning the  1140
applicant shall determine whether or not the applicant was  1141
fingerprinted at the time of arrest or under section 109.60 of  1142
the Revised Code. If the applicant was so fingerprinted, the  1143
probation officer or county department of probation shall  1144
include with the written report a record of the applicant's  1145
fingerprints. If the applicant was convicted of or pleaded  1146
guilty to a violation of division (A)(2) or (B) of section  1147
2919.21 of the Revised Code, the probation officer or county  1148
department of probation that the court directed to make  1149
inquiries concerning the applicant shall contact the child  1150
support enforcement agency enforcing the applicant's obligations  1151
under the child support order to inquire about the offender's  1152
compliance with the child support order.  1153
       (D)(1) At the hearing held under division (C) of this  1154
section, the court shall do each of the following:  1155
Sub. H. B. No. 689  Page 40
As Passed by the House
       (a) Determine whether the applicant is pursuing sealing or  1156
expunging a conviction of an offense that is prohibited under  1157
division (A) of this section or whether the forfeiture of bail  1158
was agreed to by the applicant and the prosecutor in the case,  1159
and determine whether the application was made at the time  1160
specified in division (B)(1)(a) or (b) or division (B)(2)(a) or  1161
(b) of this section that is applicable with respect to the  1162
application and the subject offense;  1163
       (b) Determine whether criminal proceedings are pending  1164
against the applicant;  1165
       (c) Determine whether the applicant has been rehabilitated  1166
to the satisfaction of the court;  1167
       (d) If the prosecutor has filed an objection in accordance  1168
with division (C) of this section, consider the reasons against  1169
granting the application specified by the prosecutor in the  1170
objection;  1171
       (e) If the victim objected, pursuant to the Ohio  1172
Constitution, consider the reasons against granting the  1173
application specified by the victim in the objection;  1174
       (f) Weigh the interests of the applicant in having the  1175
records pertaining to the applicant's conviction or bail  1176
forfeiture sealed or expunged against the legitimate needs, if  1177
any, of the government to maintain those records;  1178
       (g) Consider the oral or written statement of any victim,  1179
victim's representative, and victim's attorney, if applicable;  1180
       (h) If the applicant was an eligible offender of the type  1181
described in division (A)(3) of section 2953.36 of the Revised  1182
Code as it existed prior to April 4, 2023, determine whether the  1183
offender has been rehabilitated to a satisfactory degree. In  1184
Sub. H. B. No. 689  Page 41
As Passed by the House
making the determination, the court may consider all of the  1185
following:  1186
       (i) The age of the offender;  1187
       (ii) The facts and circumstances of the offense;  1188
       (iii) The cessation or continuation of criminal behavior;  1189
       (iv) The education and employment of the offender;  1190
       (v) Any other circumstances that may relate to the  1191
offender's rehabilitation.  1192
       (i) If the court is required to determine whether an  1193
applicant for sealing or expungement has two or three  1194
convictions that result from the same indictment, information,  1195
or complaint, from the same plea of guilty, or from the same  1196
official proceeding, and result from related criminal acts that  1197
were committed within a three-month period but do not result  1198
from the same act or from offenses committed at the same time,  1199
in making its determination, the court initially shall determine  1200
whether it is not in the public interest for the two or three  1201
convictions to be counted as one conviction. If the court  1202
determines that it is not in the public interest for the two or  1203
three convictions to be counted as one conviction, the court  1204
shall determine whether, when counting the convictions  1205
individually, the applicant is pursuing sealing or expunging a  1206
conviction that is prohibited under division (A) of this  1207
section.  1208
       (2) If the court determines, after complying with division  1209
(D)(1) of this section, that the offender is not pursuing  1210
sealing or expunging a conviction of an offense that is  1211
prohibited under division (A) of this section or that the  1212
forfeiture of bail was agreed to by the applicant and the  1213
Sub. H. B. No. 689  Page 42
As Passed by the House
prosecutor in the case, that the application was made at the  1214
time specified in division (B)(1)(a) or (b) or division (B)(2)  1215
(a) or (b) of this section that is applicable with respect to  1216
the application and the subject offense, that no criminal  1217
proceeding is pending against the applicant, that the interests  1218
of the applicant in having the records pertaining to the  1219
applicant's conviction or bail forfeiture sealed or expunged are  1220
not outweighed by any legitimate governmental needs to maintain  1221
those records, and that the rehabilitation of the applicant has  1222
been attained to the satisfaction of the court, both of the  1223
following apply:  1224
       (a) The court, except as provided in division (D)(4) or  1225
(5) of this section or division (D), (F), or (G) of section  1226
2953.34 of the Revised Code, shall order all official records of  1227
the case that pertain to the conviction or bail forfeiture  1228
sealed if the application was for sealing or expunged if the  1229
application was for expungement and, except as provided in  1230
division (C) of section 2953.34 of the Revised Code, all index  1231
references to the case that pertain to the conviction or bail  1232
forfeiture deleted and, in the case of bail forfeitures, shall  1233
dismiss the charges in the case.  1234
       (b) The proceedings in the case that pertain to the  1235
conviction or bail forfeiture shall be considered not to have  1236
occurred and the conviction or bail forfeiture of the person who  1237
is the subject of the proceedings shall be sealed if the  1238
application was for sealing or expunged if the application was  1239
for expungement, except that upon conviction of a subsequent  1240
offense, a sealed record of prior conviction or bail forfeiture  1241
may be considered by the court in determining the sentence or  1242
other appropriate disposition, including the relief provided for  1243
in sections 2953.31, 2953.32, and 2953.34 of the Revised Code.  1244
Sub. H. B. No. 689  Page 43
As Passed by the House
       (3) An applicant may request the sealing or expungement of  1245
the records of more than one case in a single application under  1246
this section. Upon the filing of an application under this  1247
section, the applicant, unless the applicant presents a poverty  1248
affidavit showing that the applicant is indigent, shall pay an  1249
application fee of fifty dollars and may pay a local court fee  1250
of not more than fifty dollars, regardless of the number of  1251
records the application requests to have sealed or expunged. If  1252
the applicant pays a fee, the court shall pay three-fifths of  1253
the fee collected into the state treasury, with half of that  1254
amount credited to the attorney general reimbursement fund  1255
created by section 109.11 of the Revised Code. If the applicant  1256
pays a fee, the court shall pay two-fifths of the fee collected  1257
into the county general revenue fund if the sealed or expunged  1258
conviction or bail forfeiture was pursuant to a state statute,  1259
or into the general revenue fund of the municipal corporation  1260
involved if the sealed or expunged conviction or bail forfeiture  1261
was pursuant to a municipal ordinance.  1262
       (4) If the court orders the official records pertaining to  1263
the case sealed or expunged, the court shall do one of the  1264
following:  1265
       (a) If the applicant was fingerprinted at the time of  1266
arrest or under section 109.60 of the Revised Code and the  1267
record of the applicant's fingerprints was provided to the court  1268
under division (C) of this section, forward a copy of the  1269
sealing or expungement order and the record of the applicant's  1270
fingerprints to the bureau of criminal identification and  1271
investigation.  1272
       (b) If the applicant was not fingerprinted at the time of  1273
arrest or under section 109.60 of the Revised Code, or the  1274
Sub. H. B. No. 689  Page 44
As Passed by the House
record of the applicant's fingerprints was not provided to the  1275
court under division (C) of this section, but fingerprinting was  1276
required for the offense, take the applicant's fingerprints or  1277
order the applicant to appear before a sheriff or a chief of  1278
police to have the applicant's fingerprints taken, prior to the  1279
record sealing, according to the fingerprint system of  1280
identification on in the forms furnished form and manner  1281
prescribed by the superintendent of the bureau of criminal  1282
identification and investigation. The sheriff shall forward the  1283
applicant's fingerprints to the court. The court shall forward  1284
the applicant's fingerprints and a copy of the sealing or  1285
expungement order to the bureau of criminal identification and  1286
investigation.  1287
       Failure of the court to order fingerprints at the time of  1288
sealing or expungement does not constitute a reversible error.  1289
       (5) Notwithstanding any other provision of the Revised  1290
Code to the contrary, when the bureau of criminal identification  1291
and investigation receives notice from a court that the record  1292
of a conviction or bail forfeiture has been expunged under this  1293
section, the bureau of criminal identification and investigation  1294
shall maintain a record of the expunged conviction record for  1295
the limited purpose of determining an individual's qualification  1296
or disqualification for employment in law enforcement. The  1297
bureau of criminal identification and investigation shall not be  1298
compelled by the court to destroy, delete, or erase those  1299
records so that the records are permanently irretrievable. These  1300
records may only be disclosed or provided to law enforcement for  1301
the limited purpose of determining an individual's qualification  1302
or disqualification for employment in law enforcement.  1303
       When any other entity other than the bureau of criminal  1304
Sub. H. B. No. 689  Page 45
As Passed by the House
identification and investigation receives notice from a court  1305
that the record of a conviction or bail forfeiture has been  1306
expunged under this section, the entity shall destroy, delete,  1307
and erase the record as appropriate for the record's physical or  1308
electronic form or characteristic so that the record is  1309
permanently irretrievable.  1310
       Sec. 5122.311. (A) Notwithstanding any provision of the  1311
Revised Code to the contrary, if, on or after April 8, 2004, an  1312
individual is found by a court to be a person with a mental  1313
illness subject to court order or becomes an involuntary patient  1314
other than one who is a patient only for purposes of  1315
observation, the probate judge who made the adjudication or the  1316
chief clinical officer of the hospital, community mental health  1317
services provider, or facility in which the person is an  1318
involuntary patient shall notify the office of the attorney  1319
general, on the form in the manner described in division (C) of  1320
this section, of the identity of the individual. The  1321
notification shall be transmitted by the judge or the chief  1322
clinical officer not later than seven days after the  1323
adjudication or commitment.  1324
       (B) The office of the attorney general shall compile and  1325
maintain the notices it receives under division (A) of this  1326
section and the notices shall be used for the purpose of  1327
conducting incompetency records checks pursuant to section  1328
311.41 of the Revised Code. The notices and the information they  1329
contain are confidential, except as provided in this division,  1330
and are not public records.  1331
       (C) The attorney general, by rule adopted under Chapter  1332
119. of the Revised Code, shall prescribe and make available to  1333
all probate judges and all chief clinical officers a form to be  1334
Sub. H. B. No. 689  Page 46
As Passed by the House
used by them for the purpose of the form and manner for making  1335
the notifications required by division (A) of this section.  1336
       Section 2. That existing sections 109.57, 109.573, 109.60,  1337
2953.32, and 5122.311 of the Revised Code are hereby repealed.  1338
       Section 3. That Section 221.40 of H.B. 96 of the 136th  1339
General Assembly (as amended by H.B. 434 of the 136th General  1340
Assembly) be amended to read as follows:  1341
       Sec. 221.40. OHIO COURTS TECHNOLOGY INITIATIVE  1342
       Of the foregoing appropriation item 055321, Operating  1343
Expenses, $3,350,000 in each fiscal year shall be used to fund  1344
an initiative by the Attorney General to facilitate the exchange  1345
of information and warehousing of data by and between Ohio  1346
courts and other justice system partners through the delivery of  1347
technology services to courts throughout the state, including  1348
the provision of hardware, and software, and the development and  1349
implementation of educational and training programs for judges  1350
and court personnel. Courts of record and the clerks of the each  1351
court of common pleas, whether elected or appointed, located in  1352
counties with a population of not more than 125,000 according to  1353
the most recent federal decennial census, are eligible for to  1354
receive funding under the initiative.  1355
       On July 1, 2025, or as soon as possible thereafter, the  1356
Director of Budget and Management shall cancel any existing  1357
encumbrances, at the request of the Administrative Director of  1358
the Supreme Court of Ohio and the Attorney General, or their  1359
designees, against appropriation item 005409, Ohio Courts  1360
Technology Initiative, used by the Supreme Court of Ohio, and  1361
reestablish them against appropriation item 055321, Operating  1362
Expenses. The reestablished encumbrance amounts are hereby  1363
Sub. H. B. No. 689  Page 47
As Passed by the House
appropriated.  1364
       On July 1, 2025, or as soon as possible thereafter, the  1365
Administrative Director of the Supreme Court of Ohio and the  1366
Attorney General, or their designees, shall facilitate the  1367
transfer of management and administration of any outstanding  1368
grants and all necessary program records or files from the  1369
Supreme Court to the Attorney General.  1370
       Section 4. That existing Section 221.40 of H.B. 96 of the  1371
136th General Assembly (as amended by H.B. 434 of the 136th  1372
General Assembly) is hereby repealed.  1373