OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 109 Bill Analysis
135th General Assembly
Click here for S.B. 109’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsor: Sen. Hackett
Effective Date:
Shalanda R. Plowden, Research Analyst
SUMMARY
Sex offenses
 Expands the offense of sexual battery by prohibiting the following:
 Engaging in “sexual activity” (“sexual contact” or “sexual conduct,” as defined in
continuing law) rather than just sexual conduct under existing law, with another, not
the spouse of the offender, under specified circumstances;
 Causing another, not the spouse of the offender, to engage in sexual activity with
the offender; or causing two or more other persons to engage in sexual activity,
under specified circumstances;
 Adding to those specified circumstances that the offender is a licensed medical
professional, the other person, or one of the other persons, is a patient of the
offender, and the sexual activity occurs in the course of medical treatment.
 If the sexual battery offender is a licensed medical professional, requires the following:
 The prosecuting attorney handling the case to send written notice of the indictment
or charge to the regulatory board or agency with administrative authority to
suspend or revoke the medical professional’s professional license, certification,
registration, or authorization;
 The court, upon conviction of the offender, to transmit a certified copy of the
judgment entry of conviction to the regulatory board or agency with administrative
authority to suspend or revoke the medical professional’s professional license,
certification, registration, or authorization.
 Modifies the offense of sexual imposition by repealing most of the circumstances under
which sexual imposition is committed and including those circumstances in committing
the expanded offense of sexual battery.
May 9, 2024
Office of Research and Drafting LSC Legislative Budget Office
 Expands the circumstances under which rape is committed by providing that the
offender knows that the other person’s judgment or control is substantially impaired as
a result of the influence of any drug administered to the other person with consent for
the purpose of medical or dental examination, treatment, or surgery.
 Classifies an offender under the Sex Offender Registration and Notification (SORN) Law
if convicted of the expanded sexual battery as follows:
 If the sexual activity involved is sexual contact, as a Tier II sex offender/child-victim
offender who must verify registration information every 180 days after the initial
registration date, for 25 years for an adult offender or for 20 years for a juvenile
offender;
 If the sexual activity involved is sexual conduct, as a Tier III sex offender/child-victim
offender who must verify registration information every 90 days after the initial
registration date, for life.
 For any offense for which sentence is being imposed, if the offender previously has been
convicted of the expanded offense of sexual battery if the sexual activity involved is
sexual conduct, and also of a sexually violent predator specification, requires the court
to impose upon the offender a term of life imprisonment without parole.
 By reason of the bill’s expansion of the offenses of sexual battery and rape, makes
conforming changes in the laws pertaining to the following:
 Childhood sexual abuse;
 Children conceived as a result of rape or sexual battery;
 Consent to adoption not required;
 Declaration of paternity;
 Standing to bring paternity action.
Failure to report a crime
 Expands the offense of failure to report a crime by prohibiting any person who knows
that a licensed medical professional has committed a sex offense against the medical
professional’s patient from failing to report such knowledge to law enforcement
authorities within a certain period of time.
 Grants civil or criminal immunity generally to a person as a result of making a report as
described in the preceding dot point so long as the person is acting in good faith without
fraud or malice.
 Provides that the physician-patient relationship or physician assistant-patient
relationship is not a ground for excluding evidence against the medical professional in
any judicial proceeding resulting from such report regarding the person’s knowledge of,
or reasonable cause to suspect, the medical professional’s commission of a sex offense.
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Notice of conviction sent to licensing board
 Requires the prosecutor to notify the State Medical Board of the conviction of, or plea
of guilty to, a felony or specified type of misdemeanor of any person licensed or
authorized to practice as dietitians, anesthesiology assistants, respiratory care
professionals, acupuncturists, radiology assistants, and genetic counselors.
Public Records Law
 Excludes from the definition of “public records” the license or certificate application or
renewal responses and supporting documentation submitted to the State Medical Board
regarding an applicant’s, or a license holder’s, inability to practice according to
acceptable and prevailing standards of care by reason of a medical condition.
Medical Board regulation of health professionals
 Authorizes the Medical Board to recommend a license be suspended without a prior
hearing if the Board receives verifiable information that a licensee has been charged
with a felony and the conduct charged constitutes a disciplinary violation under Ohio
law.
 Adds circumstances under which a licensee will be subject to an automatic license
suspension, including regarding human trafficking and if a license to practice a health
profession in another state is suspended or revoked.
 Generally shortens to 30 days (from 60) the time in which health care facilities,
licensees, and professional associations must report various conduct to the Board.
 Requires health care facilities to report to the Board investigations regarding criminal
conduct or sexual misconduct against Board licensees.
 Requires licensees and certain professional associations that have reasonable cause to
suspect that a licensee of the Board has committed or participated in criminal conduct
or sexual misconduct to report that information to the Board.
 Requires Board licensees to report to the Board criminal charges regarding criminal
conduct, sexual misconduct, or any conduct involving the use of a motor vehicle while
under the influence of alcohol or drugs.
 Authorizes the Board to require licensees who are subject to probationary orders
related to sexual misconduct or patient harm to provide a written disclosure to each
patient, or the patient’s guardian or a key third party.
 Makes other changes regarding Board disciplinary investigations, confidentiality, and
case reporting.
TABLE OF CONTENTS
Sex offenses .................................................................................................................................... 5
Background – Sex Offenses Law definitions ............................................................................... 5
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Sexual battery ................................................................................................................................. 5
Prohibitions ................................................................................................................................. 5
Penalty ......................................................................................................................................... 7
Notices of indictment or conviction of licensed medical professional ....................................... 7
Definitions ................................................................................................................................... 8
Sexual imposition ............................................................................................................................ 8
Prohibitions ................................................................................................................................. 8
Penalty ......................................................................................................................................... 9
Rape .............................................................................................................................................. 10
SORN Law .................................................................................................................................. 10
Sentencing of sexually violent predator ....................................................................................... 11
Conforming changes in other laws ............................................................................................... 12
Childhood sexual abuse............................................................................................................. 12
Children conceived as a result of rape or sexual battery .......................................................... 12
Consent to adoption not required ............................................................................................ 13
Declaration of paternity ............................................................................................................ 13
Standing to bring paternity action ............................................................................................ 13
Failure to report a crime ............................................................................................................... 13
Notice of conviction sent to licensing board ................................................................................ 14
Public Records Law ....................................................................................................................... 15
Medical Board regulation of health care professionals ................................................................ 15
Investigations of alleged violations ........................................................................................... 15
Investigation supervision ...................................................................................................... 15
Confidential investigatory information ................................................................................ 16
Board case reports................................................................................................................ 16
Status updates ...................................................................................................................... 16
License suspension with prior hearing ...................................................................................... 16
Automatic license suspension ................................................................................................... 17
Criminal conduct and sexual misconduct reporting to the Board ............................................ 17
By health care facilities ......................................................................................................... 18
By licensees and professional associations .......................................................................... 18
Self-reporting ........................................................................................................................ 18
Professional association membership suspension ............................................................... 19
Confidentiality ...................................................................................................................... 19
Patient notice of probationary orders related to sexual misconduct or patient harm ............ 19
Situations that require disclosure ........................................................................................ 20
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When disclosure is not required .......................................................................................... 20
Board website ....................................................................................................................... 21
DETAILED ANALYSIS
Sex offenses
Background – Sex Offenses Law definitions
The Sex Offenses Law defines the following terms relevant to the bill:1
“Sexual conduct” means vaginal intercourse between a male and female; anal
intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege
to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or
other object into the vaginal or anal opening of another. Penetration, however slight, is
sufficient to complete vaginal or anal intercourse.
“Sexual contact” means any touching of an erogenous zone of another, including
without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a
breast, for the purpose of sexually arousing or gratifying either person.
“Sexual activity” means sexual conduct or sexual contact, or both.
Sexual battery
Prohibitions
The bill modifies the offense of sexual battery under current law by expanding the
prohibitions to apply to any person engaging in sexual activity (sexual conduct or sexual
contact), instead of just sexual conduct under current law, with another, not the spouse of the
offender; causing another, not the spouse of the offender, to engage in sexual activity with the
offender; or causing two or more other persons to engage in sexual activity when any of the
following apply:2
1. The offender knowingly coerces the other person, or one of the other persons, to submit
by any means that would prevent resistance by a person of ordinary resolution.
2. The offender knows that the other person’s, or one of the other person’s, ability to
appraise the nature of or control the other person’s own conduct is substantially
impaired.
3. The offender knows that the other person, or one of the other persons, submits because
the other person is unaware that the act is being committed.
1 R.C. 2907.01(A), (B), and (C).
2 R.C. 2907.03(A).
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4. The offender knows that the other person, or one of the other persons, submits because
the other person mistakenly identifies the offender as the other person’s spouse.
5. The offender is the other person’s, or one of the other person’s, natural or adoptive
parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other
person.
6. The other person, or one of the other persons, is in custody of law or a patient in a
hospital or other institution, and the offender has supervisory or disciplinary authority
over the other person.
7. The offender is a teacher, administrator, coach, or other person in authority employed
by or serving in a school for which the State Board of Education prescribes minimum
standards, the other person, or one of the other persons, is enrolled in or attends that
school, and the offender is not enrolled in and does not attend that school.
8. The other person, or one of the other persons, is a m