As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 13 5
1999-2000 6
SENATOR BLESSING 8
10
A B I L L
To amend section 2953.31 of the Revised Code to 12
expand the definition of "first offender" in the 13
expungement law to include, in certain
situations, offenders who have two or more 14
convictions resulting from the same indictment,
information, complaint, guilty plea, or official 15
proceeding.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That existing section 2953.31 of the Revised 18
Code be amended to read as follows: 19
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of 28
the Revised Code: 29
(A) "First offender" means anyone who has been convicted 31
of an offense in this state or any other jurisdiction, and who 32
previously or subsequently has not been convicted of the same or 33
a different offense in this state or any other jurisdiction. 34
When two or more convictions result from or are connected with 35
the same act, or result from offenses committed at the same time, 36
they shall be counted as one conviction. WHEN TWO OR MORE 37
CONVICTIONS RESULT FROM THE SAME INDICTMENT, INFORMATION, OR 38
COMPLAINT, RESULT FROM THE SAME PLEA OF GUILTY, OR RESULT FROM 39
THE SAME OFFICIAL PROCEEDING, REGARDLESS OF WHETHER OR NOT THE 40
CONVICTIONS RESULT FROM THE SAME ACT OR FROM OFFENSES COMMITTED 41
AT THE SAME TIME, THEY SHALL BE COUNTED AS ONE CONVICTION.
For purposes of, and except as otherwise provided in, this 43
division, a conviction for a minor misdemeanor, a conviction for 44
2
a violation of any section in Chapter 4511., 4513., or 4549. of 45
the Revised Code, or a conviction for a violation of a municipal 46
ordinance that is substantially similar to any section in those 47
chapters, is not a previous or subsequent conviction. A 48
conviction for a violation of section 4511.19, 4511.192, 49
4511.251, 4549.02, 4549.021, 4549.03, 4549.042, or 4549.07, or 50
sections 4549.41 to 4549.46 of the Revised Code, or a conviction 51
for a violation of a municipal ordinance that is substantially 52
similar to any of those sections, shall be considered a previous 53
or subsequent conviction. 54
(B) "Prosecutor" means the county prosecuting attorney, 56
city director of law, village solicitor, or similar chief legal 57
officer, who has the authority to prosecute a criminal case in 58
the court in which the case is filed. 59
(C) "Bail forfeiture" means the forfeiture of bail by a 61
defendant who is arrested for the commission of a misdemeanor, 62
other than a defendant in a traffic case as defined in Traffic 63
Rule 2, if the forfeiture is pursuant to an agreement with the 64
court and prosecutor in the case. 65
(D) "Official records" has the same meaning as in division 67
(D) of section 2953.51 of the Revised Code. 68
(E) "OFFICIAL PROCEEDING" HAS THE SAME MEANING AS IN 70
SECTION 2921.01 OF THE REVISED CODE. 71
Section 2. That existing section 2953.31 of the Revised 73
Code is hereby repealed. 74