Sub. H. B. No. 96 As Reported by the House Criminal Justice Committee

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

A BILL

To enact sections 2911.10 and 2911.23 of the Revised 1
Code to create the offense of criminal trespass on 2
a place of public amusement and to clarify the 3
element of "trespass" in the offenses of 4
aggravated burglary, burglary, and breaking and 5
entering. 6

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

       Section 1. That sections 2911.10 and 2911.23 of the Revised 7
Code be enacted to read as follows: 8

       Sec. 2911.10. As used in sections 2911.11 to 2911.13 of the 9
Revised Code, the element of trespass refers to a violation of 10
section 2911.21 of the Revised Code. 11

       Sec. 2911.23. (A) As used in this section, "place of public 12
amusement" means a stadium, theater, or other facility, whether 13
licensed or not, at which a live performance, sporting event, or 14
other activity takes place for entertainment of the public and to 15
which access is made available to the public, regardless of 16
whether admission is charged. 17

       (B) No person, without privilege to do so, shall knowingly 18
enter or remain on any restricted portion of a place of public 19
amusement after notice has been given as provided in division 20
(D)(1) of this section that the general public is restricted from 21
access to that restricted portion of the place of public 22
amusement. A restricted portion of a place of public amusement may 23
include, but is not limited to, a playing field, an athletic 24
surface, a stage, a locker room, or a dressing room located at the 25
place of public amusement. 26

       (C) An owner or lessee of a place of public amusement, an 27
agent of the owner or lessee, or a performer or participant at a 28
place of public amusement may use reasonable force to restrain and 29
remove a trespasser from a restricted portion of the place of 30
public amusement. This division does not provide immunity from 31
criminal liability for any use of force beyond reasonable force by 32
an owner or lessee of a place of public amusement, an agent of 33
either the owner or lessee, or a performer or participant at a 34
place of public amusement. 35

       (D)(1) Notice has been given that the general public is 36
restricted from access to a portion of a place of public 37
amusement, if any of the following occur: 38

       (a) The person has been notified personally, either orally or 39
in writing, that access to that portion of the place of public 40
amusement is restricted. 41

       (b) A printed written notice of the restricted access has 42
been conspicuously posted or exhibited at the entrance to that 43
portion of the place of public amusement. 44

       (c) An oral warning that access to that portion of the place 45
of public amusement is restricted has been broadcast over the 46
public address system of the place of public amusement. 47

       (2) If notice that the general public is restricted from 48
access to a portion of a place of public amusement is provided as 49
described in division (D)(1)(a), (b), or (c) of this section, the 50
state, in a criminal prosecution for a violation of division (B) 51
of this section, is not required to prove that the defendant 52
received actual notice that the general public is restricted from 53
access to a portion of a place of public amusement. 54

       (E)(1) Whoever violates division (B) of this section is 55
guilty of criminal trespass on a place of public amusement, a 56
misdemeanor of the first degree. 57

       (2) In addition to any jail term, fine, or other sentence, 58
penalty, or sanction it imposes upon the offender pursuant to 59
division (E)(1) of this section, a court may require an offender 60
who violates this section to perform not less than thirty and not 61
more than one hundred twenty hours of supervised community service 62
work. 63

Section 1. That sections 2911.10 and 2911.23 of the Revised	7
Code be enacted to read as follows:	8

Sec. 2911.10. As used in sections 2911.11 to 2911.13 of the	9
Revised Code, the element of trespass refers to a violation of	10
section 2911.21 of the Revised Code.	11

Sec. 2911.23. (A) As used in this section, "place of public	12
amusement" means a stadium, theater, or other facility, whether	13
licensed or not, at which a live performance, sporting event, or	14
other activity takes place for entertainment of the public and to	15
which access is made available to the public, regardless of	16
whether admission is charged.	17

(B) No person, without privilege to do so, shall knowingly	18
enter or remain on any restricted portion of a place of public	19
amusement after notice has been given as provided in division	20
(D)(1) of this section that the general public is restricted from	21
access to that restricted portion of the place of public	22
amusement. A restricted portion of a place of public amusement may	23
include, but is not limited to, a playing field, an athletic	24
surface, a stage, a locker room, or a dressing room located at the	25
place of public amusement.	26

(C) An owner or lessee of a place of public amusement, an	27
agent of the owner or lessee, or a performer or participant at a	28
place of public amusement may use reasonable force to restrain and	29
remove a trespasser from a restricted portion of the place of	30
public amusement. This division does not provide immunity from	31
criminal liability for any use of force beyond reasonable force by	32
an owner or lessee of a place of public amusement, an agent of	33
either the owner or lessee, or a performer or participant at a	34
place of public amusement.	35

(D)(1) Notice has been given that the general public is	36
restricted from access to a portion of a place of public	37
amusement, if any of the following occur:	38

(a) The person has been notified personally, either orally or	39
in writing, that access to that portion of the place of public	40
amusement is restricted.	41

(b) A printed written notice of the restricted access has	42
been conspicuously posted or exhibited at the entrance to that	43
portion of the place of public amusement.	44

(c) An oral warning that access to that portion of the place	45
of public amusement is restricted has been broadcast over the	46
public address system of the place of public amusement.	47

(2) If notice that the general public is restricted from	48
access to a portion of a place of public amusement is provided as	49
described in division (D)(1)(a), (b), or (c) of this section, the	50
state, in a criminal prosecution for a violation of division (B)	51
of this section, is not required to prove that the defendant	52
received actual notice that the general public is restricted from	53
access to a portion of a place of public amusement.	54

(E)(1) Whoever violates division (B) of this section is	55
guilty of criminal trespass on a place of public amusement, a	56
misdemeanor of the first degree.	57

(2) In addition to any jail term, fine, or other sentence,	58
penalty, or sanction it imposes upon the offender pursuant to	59
division (E)(1) of this section, a court may require an offender	60
who violates this section to perform not less than thirty and not	61
more than one hundred twenty hours of supervised community service	62
work.	63