As Introduced
135th General Assembly
Regular Session H. B. No. 615
2023-2024
Representatives Jones, Williams
A BILL
To amend sections 109.65, 109.741, 109.77, 109.79, 1
121.37, 121.38, 149.435, 307.86, 2101.17, 2
2151.011, 2151.10, 2151.141, 2151.18, 2151.23, 3
2151.236, 2151.24, 2151.25, 2151.27, 2151.272, 4
2151.28, 2151.281, 2151.31, 2151.312, 2151.314, 5
2151.315, 2151.33, 2151.331, 2151.35, 2151.353, 6
2151.359, 2151.3514, 2151.3522, 2151.3523, 7
2151.3524, 2151.36, 2151.40, 2151.412, 2151.414, 8
2151.44, 2151.54, 2151.65, 2152.19, 2152.59, 9
2152.71, 2301.03, 2317.01, 2317.02, 2501.02, 10
2710.05, 2919.21, 2919.23, 2921.14, 3105.51, 11
3107.161, 3109.04, 3109.051, 3109.052, 3109.11, 12
3109.12, 3109.46, 3113.31, 3119.05, 3119.23, 13
3127.01, 3127.23, 3127.38, 3313.642, 3321.22, 14
3796.24, 4501.21, 5103.04, 5107.10, 5123.93, 15
5153.122, 5153.123, and 5153.16; to enact new 16
sections 2151.03 and 2151.031; to repeal 17
sections 2151.03, 2151.031, 2151.04, and 2151.05 18
of the Revised Code, and to amend the versions 19
of sections 109.65, 121.37, 2151.011, 2151.281, 20
2151.353, 2151.36, 2151.412, 5103.04, 5153.122, 21
5153.123, and 5153.16 of the Revised Code that 22
are scheduled to take effect on January 1, 2025, 23
to continue the changes on and after that date 24
H. B. No. 615 Page 2
As Introduced
regarding abused, neglected, or dependent 25
children as children in need of protective 26
services. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.65, 109.741, 109.77, 109.79, 28
121.37, 121.38, 149.435, 307.86, 2101.17, 2151.011, 2151.10, 29
2151.141, 2151.18, 2151.23, 2151.236, 2151.24, 2151.25, 2151.27, 30
2151.272, 2151.28, 2151.281, 2151.31, 2151.312, 2151.314, 31
2151.315, 2151.33, 2151.331, 2151.35, 2151.353, 2151.359, 32
2151.3514, 2151.3522, 2151.3523, 2151.3524, 2151.36, 2151.40, 33
2151.412, 2151.414, 2151.44, 2151.54, 2151.65, 2152.19, 2152.59, 34
2152.71, 2301.03, 2317.01, 2317.02, 2501.02, 2710.05, 2919.21, 35
2919.23, 2921.14, 3105.51, 3107.161, 3109.04, 3109.051, 36
3109.052, 3109.11, 3109.12, 3109.46, 3113.31, 3119.05, 3119.23, 37
3127.01, 3127.23, 3127.38, 3313.642, 3321.22, 3796.24, 4501.21, 38
5103.04, 5107.10, 5123.93, 5153.122, 5153.123, and 5153.16 be 39
amended and new sections 2151.03 and 2151.031 of the Revised 40
Code be enacted to read as follows: 41
Sec. 109.65. (A) As used in this section, "minor," 42
"missing child," and "missing children" have the same meanings 43
as in section 2901.30 of the Revised Code. 44
(B) There is hereby created within the office of the 45
attorney general the missing children clearinghouse. The 46
attorney general shall administer the clearinghouse. The 47
clearinghouse is established as a central repository of 48
information to coordinate and improve the availability of 49
information regarding missing children, which information shall 50
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As Introduced
be collected and disseminated by the clearinghouse to assist in 51
the location of missing children. The clearinghouse shall act as 52
an information repository separate from and in addition to law 53
enforcement agencies within this state. 54
(C) The missing children clearinghouse may perform any of 55
the following functions: 56
(1) The establishment of services to aid in the location 57
of missing children that include, but are not limited to, any of 58
the following services: 59
(a) Assistance in the preparation and dissemination of 60
flyers identifying and describing missing children and their 61
abductors; 62
(b) The development of informational forms for the 63
reporting of missing children that may be used by parents, 64
guardians, and law enforcement officials to facilitate the 65
location of a missing child; 66
(c) The provision of assistance to public and private 67
organizations, boards of education, nonpublic schools, 68
preschools, child care facilities, and law enforcement agencies 69
in planning and implementing voluntary programs to fingerprint 70
children. 71
(2) The establishment and operation of a toll-free 72
telephone line for supplemental reports of missing children and 73
reports of sightings of missing children; 74
(3) Upon the request of any person or entity and upon 75
payment of any applicable fee established by the attorney 76
general under division (H) of this section, the provision to the 77
person or entity who makes the request of a copy of any 78
information possessed by the clearinghouse that was acquired or 79
H. B. No. 615 Page 4
As Introduced
prepared pursuant to division (E)(3) of this section; 80
(4) The performance of liaison services between 81
individuals and public and private agencies regarding procedures 82
for handling and responding to missing children reports; 83
(5) The participation as a member in any networks of other 84
missing children centers or clearinghouses; 85
(6) The creation and operation of an intrastate network of 86
communication designed for the speedy collection and processing 87
of information concerning missing children. 88
(D) If a board of education is notified by school 89
personnel that a missing child is attending any school under the 90
board's jurisdiction, or if the principal or chief 91
administrative officer of a nonpublic school is notified by 92
school personnel that a missing child is attending that school, 93
the board or the principal or chief administrative officer 94
immediately shall give notice of that fact to the missing 95
children clearinghouse and to the law enforcement agency with 96
jurisdiction over the area where the missing child resides. 97
(E)(1) The attorney general, in cooperation with the 98
department of job and family services, shall establish a 99
"missing child educational program" within the missing children 100
clearinghouse that shall perform the functions specified in 101
divisions (E)(1) to (3) of this section. The program shall 102
operate under the supervision and control of the attorney 103
general in accordance with procedures that the attorney general 104
shall develop to implement divisions (E)(1) to (3) of this 105
section. The attorney general shall cooperate with the 106
department of education and workforce in developing and 107
disseminating information acquired or prepared pursuant to 108
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division (E)(3) of this section. 109
(2) Upon the request of any board of education in this 110
state or any nonpublic school in this state, the missing child 111
educational program shall provide to the board or school a 112
reasonable number of copies of the information acquired or 113
prepared pursuant to division (E)(3) of this section. 114
Upon the request of any board of education in this state 115
or any nonpublic school in this state that, pursuant to section 116
3313.96 of the Revised Code, is developing an information 117
program concerning missing children issues and matters, the 118
missing child educational program shall provide to the board or 119
nonpublic school assistance in developing the information 120
program. The assistance may include, but is not limited to, the 121
provision of any or all of the following: 122
(a) If the requesting entity is a board of education of a 123
school district, sample policies on missing and exploited 124
children issues to assist the board in complying with section 125
3313.205 of the Revised Code; 126
(b) Suggested safety curricula regarding missing children 127
issues, including child safety and abduction prevention issues; 128
(c) Assistance in developing, with local law enforcement 129
agencies, prosecuting attorneys, boards of education, school 130
districts, and nonpublic schools, cooperative programs for 131
fingerprinting children; 132
(d) Other assistance to further the goals of the program. 133
(3) The missing child educational program shall acquire or 134
prepare informational materials relating to missing children 135
issues and matters. These issues and matters include, but are 136
not limited to, the following: 137
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As Introduced
(a) The types of missing children; 138
(b) The reasons why and how minors become missing 139
children, the potential adverse consequences of a minor becoming 140
a missing child, and, in the case of minors who are considering 141
running away from home or from the care, custody, and control of 142
their parents, parent who is the residential parent and legal 143
custodian, guardian, legal custodian, or another person 144
responsible for them, alternatives that may be available to 145
address their concerns and problems; 146
(c) Offenses under federal law that could relate to 147
missing children and other provisions of federal law that focus 148
on missing children; 149
(d) Offenses under the Revised Code that could relate to 150
missing children, including, but not limited to, kidnapping, 151
abduction, unlawful restraint, child stealing, interference with 152
custody, endangering children, domestic violence, abuse of 153
causing a child to be in need of protective services and 154
contributing to the dependency, neglect,a child being in need of 155
protective services or the unruliness, or delinquency of a 156
child, sexual offenses, drug offenses, prostitution offenses, 157
and obscenity offenses, and other provisions of the Revised Code 158
that could relate to missing children; 159
(e) Legislation being considered by the general assembly, 160
legislatures of other states, the congress of the United States, 161
and political subdivisions in this or any other state to address 162
missing children issues; 163
(f) Sources of information on missing children issues; 164
(g) State, local, federal, and private systems for 165
locating and identifying missing children; 166
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(h) Law enforcement agency programs, responsibilities, and 167
investigative techniques in missing children matters; 168
(i) Efforts on the community level in this and other 169
states, concerning missing children issues and matters, by 170
governmental entities and private organizations; 171
(j) The identification of private organizations that, 172
among their primary objectives, address missing children issues 173
and matters; 174
(k) How to avoid becoming a missing child and what to do 175
if one becomes a missing child; 176
(l) Efforts that schools, parents, and members of a 177
community can undertake to reduce the risk that a minor will 178
become a missing child and to quickly locate or identify a minor 179
if he becomes a missing child, including, but not limited to, 180
fingerprinting programs. 181
(F) Each year the missing children clearinghouse shall 182
issue a report describing its performance of the functions 183
specified in division (E) of this section and shall provide a 184
copy of the report to the speaker of the house of 185
representatives, the president of the senate, the governor, the 186
superintendent of the bureau of criminal identification and 187
investigation, and the director of job and family services. 188
(G) Any state agency or political subdivision of this 189
state that operates a missing children program or a 190
clearinghouse for information about missing children shall 191
coordinate its activities with the missing children 192
clearinghouse. 193
(H) The attorney general shall determine a reasonable fee 194
to be charged for providing to any person or entity other than a 195
H. B. No. 615 Page 8
As Introduced
state or local law enforcement agency of this or any other 196
state, a law enforcement agency of the United States, a board of 197
education of a school district in this state, a nonpublic school 198
in this state, a governmental entity in this state, or a public 199
library in this state, pursuant to division (A)(3) of this 200
section, copies of any information acquired or prepared pursuant 201
to division (E)(3) of this section. The attorney general shall 202
collect the fee prior to sending or giving copies of any 203
information to any person or entity for whom or which this 204
division requires the fee to be charged and shall deposit the 205
fee into the missing children fund created by division (I) of 206
this section. 207
(I) There is hereby created in the state treasury the 208
missing children fund that shall consist of all moneys awarded 209
to the state by donation, gift, or bequest, all other moneys 210
received for purposes of this section, and all fees collected 211
pursuant to this section or section 109.64 of the Revised Code. 212
The attorney general shall use the moneys in the missing 213
children fund only for purposes of the office of the attorney 214
general acquiring or preparing information pursuant to division 215
(E)(3) of this section. 216
(J) The failure of the missing children clearinghouse to 217
undertake any function or activity authorized in this section 218
does not create a cause of action against the state. 219
Sec. 109.741. The attorney general shall adopt, in 220
accordance with Chapter 119. or pursuant to section 109.74 of 221
the Revised Code, rules governing the training of peace officers 222<