2006 Ohio Revised Code - [2152.85.1] 2152.851.Redesignation of offense as child-victim oriented offense.

[§ 2152.85.1] § 2152.851. Redesignation of offense as child-victim oriented offense.
 

(A)  If, prior to the effective date of this section, a judge issues an order under section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that classifies a delinquent child a juvenile offender registrant and if, on and after the effective date of this section, the sexually oriented offense upon which the order was based no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, notwithstanding the redesignation of the offense, the order shall remain in effect for the period described in the section under which it was issued, the order shall be considered for all purposes to be an order that classifies the child a juvenile offender registrant, division (A)(2)(b) of section 2950.041 [2950.04.1] of the Revised Code applies regarding the child, and the duty to register imposed pursuant to that division shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty imposed upon the child prior to the effective date of this section under the order issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and Chapter 2950. of the Revised Code. 

(B)  If an order of the type described in division (A) of this section included a classification or determination that the delinquent child was a sexual predator or habitual sex offender, notwithstanding the redesignation of the offense upon which the determination was based, all of the following apply: 

(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 [2950.09.1] of the Revised Code apply regarding the child and the judge's order made prior to the effective date of this section shall be considered for all purposes to be an order that classifies the child as described in those divisions; 

(2) The child's classification or determination under divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 [2950.09.1] of the Revised Code shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of classification or determination made prior to the effective date of this section; 

(3) The child's duties under Chapter 2950. of the Revised Code relative to that classification or determination shall be considered for all purposes to be a continuation of the duties related to that classification or determination as they existed prior to the effective date of this section. 
 

HISTORY: 150 v S 5, § 1, eff. 7-31-03.

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