Ohio § 2903.421

§ 2903.421.

(A) For each person who is a qualifying out-of-state violent offender, it is presumed

that the qualifying out-of-state violent offender shall be required to enroll in the

violent offender database with respect to the offense that so classifies the person

and will have all violent offender database duties with respect to that offense for

ten years after the offender initially enrolls in the database.  The presumption is a rebuttable presumption that the qualifying out-of-state violent

offender may rebut as provided in division (D) of this section, after filing a motion

in accordance with division (B) of this section. (B) A qualifying out-of-state violent offender who wishes to rebut the presumption established

under division (A) of this section shall file a motion with the court of common pleas

of the county in which the offender resides or occupies a dwelling and shall serve

a copy of the motion on the prosecutor.  The motion shall assert that the offender was not the principal offender in the

commission of the offense that classifies the person as an out-of-state violent offender

and request that the court not require the offender to enroll in the violent offender

database and not have all VOD duties with respect to that offense.  The motion shall be filed at any time before the offender's initial enrollment in

the database. (C) If a qualifying out-of-state violent offender does not file a motion under division

(B) of this section, the offender shall be required to enroll in the violent offender

database with respect to the offense that classifies the person an out-of-state violent

offender and shall have all VOD duties with respect to that offense for ten years

after the offender initially enrolls in the database. (D) If a qualifying out-of-state violent offender files a motion under division (B) of

this section, the offender has the burden of proving to the court, by a preponderance

of the evidence, that the offender was not the principal offender in the commission

of the offense that classifies the person as an out-of-state violent offender.  If a qualifying out-of-state violent offender files such a motion, one of the following

applies: (1) If the qualifying out-of-state violent offender proves to the court, by a preponderance

of the evidence, that the offender was not the principal offender in the commission

of the offense that classifies the person an out-of-state violent offender, the presumption

is rebutted and the court shall continue the hearing for the purpose of determining

whether the offender, notwithstanding the rebuttal of the presumption, should be required

to enroll in the violent offender database and have all VOD duties with respect to

that offense.  In making that determination, the court shall consider all of the factors identified

in divisions (A)(4)(a)(i) to (iv) of section 2903.42 of the Revised Code.  If the court, after considering those factors at the hearing, determines that the

offender, notwithstanding the rebuttal of the presumption, should be required to enroll

in the violent offender database and have all VOD duties with respect to that offense,

the court shall issue an order specifying that the offender is required to enroll

in the violent offender database with respect to that offense and will have all VOD

duties with respect to that offense for ten years after the offender initially enrolls

in the database.  Upon the court's issuance of such an order, the offender shall be required to enroll

in the violent offender database and will have all VOD duties with respect to that

offense for ten years after the offender initially enrolls in the database.  The court shall provide the offender notice of the duties in the manner prescribed

in division (C) of section 2903.42 of the Revised Code , and shall provide a copy of the order to the prosecutor and to the bureau of criminal

identification and investigation.  This duty commences when the court issues the order under this division.  Absent such a determination at the hearing after consideration of those factors,

the court shall issue an order specifying that the offender is not required to enroll

in the violent offender database and has no VOD duties with respect to the offense

that classifies the person an out-of-state violent offender. (2) If the qualifying out-of-state violent offender does not prove to the court, by a

preponderance of the evidence, that the offender was not the principal offender in

the commission of the offense that classifies the person an out-of-state violent offender,

the court shall issue an order specifying that the offender is required to enroll

in the violent offender database and has all VOD duties with respect to that offense,

and shall provide a copy of the order to the prosecutor and the bureau of criminal

identification and investigation.  Upon the court's issuance of such an order, the offender shall be required to enroll

in the violent offender database with respect to that offense and will have all VOD

duties with respect to that offense for ten years after the offender initially enrolls

in the database.  The court shall provide the offender notice of the duties in the manner prescribed

in division (C) of section 2903.42 of the Revised Code .