Sub. H. B. No. 96 As Reported by the Senate Judiciary--Criminal Justice Committee

Representatives Seitz, McGregor, C. Evans, Combs, Hartnett, Latta, Schaffer, Webster, Taylor, Gilb, Otterman, White, D. Evans, Willamowski, Uecker, Koziura, Hughes, Seaver, Barrett, Bubp, Buehrer, Carano, Cassell, Collier, Core, Daniels, Dolan, Domenick, Fessler, Gibbs, Hoops, T. Patton, Raga, Reidelbach, Schneider, Setzer, G. Smith, D. Stewart, Wagoner, Walcher

Senators Dann, Zurz, Clancy

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 and, as a result of that conduct, interrupt or cause the 20
delay of the live performance, sporting event, or other activity 21
taking place at the place of public amusement after a printed 22
written notice has been given as provided in division (D)(1) of 23
this section that the general public is restricted from access to 24
that restricted portion of the place of public amusement. A 25
restricted portion of a place of public amusement may include, but 26
is not limited to, a playing field, an athletic surface, or a 27
stage located at the place of public amusement. 28

       (C) An owner or lessee of a place of public amusement, an 29
agent of the owner or lessee, or a performer or participant at a 30
place of public amusement may use reasonable force to restrain and 31
remove a person from a restricted portion of the place of public 32
amusement if the person enters or remains on the restricted 33
portion of the place of public amusement and, as a result of that 34
conduct, interrupts or causes the delay of the live performance, 35
sporting event, or other activity taking place at the place of 36
public amusement. This division does not provide immunity from 37
criminal liability for any use of force beyond reasonable force by 38
an owner or lessee of a place of public amusement, an agent of 39
either the owner or lessee, or a performer or participant at a 40
place of public amusement. 41

       (D)(1) Notice has been given that the general public is 42
restricted from access to a portion of a place of public amusement 43
if a printed written notice of the restricted access has been 44
conspicuously posted or exhibited at the entrance to that portion 45
of the place of public amusement. If a printed written notice is 46
posted or exhibited as described in this division regarding a 47
portion of a place of public amusement, in addition to that 48
posting or exhibition, notice that the general public is 49
restricted from access to that portion of the place of public 50
amusement also may be given, but is not required to be given, by 51
either of the following means: 52

       (a) By notifying the person personally, either orally or in 53
writing, that access to that portion of the place of public 54
amusement is restricted; 55

       (b) By broadcasting over the public address system of the 56
place of public amusement an oral warning that access to that 57
portion of the place of public amusement is restricted. 58

       (2) If notice that the general public is restricted from 59
access to a portion of a place of public amusement is provided by 60
the posting or exhibition of a printed written notice as described 61
in division (D)(1) of this section, the state, in a criminal 62
prosecution for a violation of division (B) of this section, is 63
not required to prove that the defendant received actual notice 64
that the general public is restricted from access to a portion of 65
a place of public amusement. 66

       (E)(1) Whoever violates division (B) of this section is 67
guilty of criminal trespass on a place of public amusement, a 68
misdemeanor of the first degree. 69

       (2) In addition to any jail term, fine, or other sentence, 70
penalty, or sanction it imposes upon the offender pursuant to 71
division (E)(1) of this section, a court may require an offender 72
who violates this section to perform not less than thirty and not 73
more than one hundred twenty hours of supervised community service 74
work. 75

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 and, as a result of that conduct, interrupt or cause the	20
delay of the live performance, sporting event, or other activity	21
taking place at the place of public amusement after a printed	22
written notice has been given as provided in division (D)(1) of	23
this section that the general public is restricted from access to	24
that restricted portion of the place of public amusement. A	25
restricted portion of a place of public amusement may include, but	26
is not limited to, a playing field, an athletic surface, or a	27
stage located at the place of public amusement.	28

(C) An owner or lessee of a place of public amusement, an	29
agent of the owner or lessee, or a performer or participant at a	30
place of public amusement may use reasonable force to restrain and	31
remove a person from a restricted portion of the place of public	32
amusement if the person enters or remains on the restricted	33
portion of the place of public amusement and, as a result of that	34
conduct, interrupts or causes the delay of the live performance,	35
sporting event, or other activity taking place at the place of	36
public amusement. This division does not provide immunity from	37
criminal liability for any use of force beyond reasonable force by	38
an owner or lessee of a place of public amusement, an agent of	39
either the owner or lessee, or a performer or participant at a	40
place of public amusement.	41

(D)(1) Notice has been given that the general public is	42
restricted from access to a portion of a place of public amusement	43
if a printed written notice of the restricted access has been	44
conspicuously posted or exhibited at the entrance to that portion	45
of the place of public amusement. If a printed written notice is	46
posted or exhibited as described in this division regarding a	47
portion of a place of public amusement, in addition to that	48
posting or exhibition, notice that the general public is	49
restricted from access to that portion of the place of public	50
amusement also may be given, but is not required to be given, by	51
either of the following means:	52

(a) By notifying the person personally, either orally or in	53
writing, that access to that portion of the place of public	54
amusement is restricted;	55

(b) By broadcasting over the public address system of the	56
place of public amusement an oral warning that access to that	57
portion of the place of public amusement is restricted.	58

(2) If notice that the general public is restricted from	59
access to a portion of a place of public amusement is provided by	60
the posting or exhibition of a printed written notice as described	61
in division (D)(1) of this section, the state, in a criminal	62
prosecution for a violation of division (B) of this section, is	63
not required to prove that the defendant received actual notice	64
that the general public is restricted from access to a portion of	65
a place of public amusement.	66

(E)(1) Whoever violates division (B) of this section is	67
guilty of criminal trespass on a place of public amusement, a	68
misdemeanor of the first degree.	69

(2) In addition to any jail term, fine, or other sentence,	70
penalty, or sanction it imposes upon the offender pursuant to	71
division (E)(1) of this section, a court may require an offender	72
who violates this section to perform not less than thirty and not	73
more than one hundred twenty hours of supervised community service	74
work.	75