H. B. No. 96 As Introduced

Representatives Seitz, McGregor, C. Evans, Combs, Hartnett, Latta, Schaffer, Webster, Taylor, Gilb, Otterman, White, D. Evans, Willamowski, Uecker, Koziura

A BILL

To enact section 2911.23 of the Revised Code to 1
create the offense of criminal trespass on a place 2
of public amusement. 3

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 2911.23 of the Revised Code be 4
enacted to read as follows: 5

       Sec. 2911.23. (A) As used in this section, "place of public 6
amusement" means a stadium, theater, or other facility, whether 7
licensed or not, at which a live performance, sporting event, or 8
other activity takes place for entertainment of the public and to 9
which access is made available to the public, regardless of 10
whether admission is charged. 11

       (B) No person, without privilege to do so, shall knowingly 12
enter or remain on any restricted portion of a place of public 13
amusement after having received notice that the general public is 14
restricted from access to that restricted portion of the place of 15
public amusement. A restricted portion of a place of public 16
amusement may include, but is not limited to, a playing field, an 17
athletic surface, a stage, a locker room, or a dressing room 18
located at the place of public amusement. 19

       (C) An owner or lessee of a place of public amusement, an 20
agent of the owner or lessee, or a performer or participant at a 21
place of public amusement may use reasonable force to restrain and 22
remove a trespasser from a restricted portion of the place of 23
public amusement. This division does not provide immunity from 24
criminal liability for any use of force beyond reasonable force by 25
an owner or lessee of a place of public amusement, an agent of 26
either the owner or lessee, or a performer or participant at a 27
place of public amusement. 28

       (D) A person has received notice that the general public is 29
restricted from access to a portion of a place of public 30
amusement, if any of the following occur: 31

       (1) The person has been notified personally, either orally or 32
in writing, that access to that portion of the place of public 33
amusement is restricted. 34

       (2) A printed written notice of the restricted access has 35
been conspicuously posted or exhibited at the entrance to that 36
portion of the place of public amusement. 37

       (3) An oral warning that access to that portion of the place 38
of public amusement is restricted has been broadcast over the 39
public address system of the place of public amusement. 40

       (E)(1) Whoever violates this section is guilty of criminal 41
trespass on a place of public amusement, a misdemeanor of the 42
first degree. 43

       (2) In addition to any prison term, fine, or other sentence, 44
penalty, or sanction it imposes upon the offender pursuant to 45
division (E)(1) of this section, a court may require an offender 46
who violates this section to perform not less than thirty and not 47
more than one hundred twenty hours of supervised community service 48
work. 49

Section 1. That section 2911.23 of the Revised Code be	4
enacted to read as follows:	5

Sec. 2911.23. (A) As used in this section, "place of public	6
amusement" means a stadium, theater, or other facility, whether	7
licensed or not, at which a live performance, sporting event, or	8
other activity takes place for entertainment of the public and to	9
which access is made available to the public, regardless of	10
whether admission is charged.	11

(B) No person, without privilege to do so, shall knowingly	12
enter or remain on any restricted portion of a place of public	13
amusement after having received notice that the general public is	14
restricted from access to that restricted portion of the place of	15
public amusement. A restricted portion of a place of public	16
amusement may include, but is not limited to, a playing field, an	17
athletic surface, a stage, a locker room, or a dressing room	18
located at the place of public amusement.	19

(C) An owner or lessee of a place of public amusement, an	20
agent of the owner or lessee, or a performer or participant at a	21
place of public amusement may use reasonable force to restrain and	22
remove a trespasser from a restricted portion of the place of	23
public amusement. This division does not provide immunity from	24
criminal liability for any use of force beyond reasonable force by	25
an owner or lessee of a place of public amusement, an agent of	26
either the owner or lessee, or a performer or participant at a	27
place of public amusement.	28

(D) A person has received notice that the general public is	29
restricted from access to a portion of a place of public	30
amusement, if any of the following occur:	31

(1) The person has been notified personally, either orally or	32
in writing, that access to that portion of the place of public	33
amusement is restricted.	34

(2) A printed written notice of the restricted access has	35
been conspicuously posted or exhibited at the entrance to that	36
portion of the place of public amusement.	37

(3) An oral warning that access to that portion of the place	38
of public amusement is restricted has been broadcast over the	39
public address system of the place of public amusement.	40

(E)(1) Whoever violates this section is guilty of criminal	41
trespass on a place of public amusement, a misdemeanor of the	42
first degree.	43

(2) In addition to any prison term, fine, or other sentence,	44
penalty, or sanction it imposes upon the offender pursuant to	45
division (E)(1) of this section, a court may require an offender	46
who violates this section to perform not less than thirty and not	47
more than one hundred twenty hours of supervised community service	48
work.	49