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| To amend section 2929.01 and to enact section | 1 |
| 2909.031 of the Revised Code to create the offense | 2 |
| of unlawful property burning. | 3 |
| Section 1. That section 2929.01 be amended and section | 4 |
| 2909.031 of the Revised Code be enacted to read as follows: | 5 |
| Sec. 2909.031. (A)(1) No person, without privilege to do so | 6 |
| on real property owned by a person other than the offender, shall | 7 |
| set a fire, cause a fire to be set, or add fuel or a combustible | 8 |
| substance to a trash receptacle, a dumpster, or to a fire that is | 9 |
| already burning. | 10 |
| (2) No person, without privilege to do so on real property | 11 |
| owned by a person other than the offender, shall add fuel or a | 12 |
| combustible substance to combustible personal property, a motor | 13 |
| vehicle, or a fire that is already burning. | 14 |
| (B)(1) Whoever violates this section is guilty of unlawful | 15 |
| property burning. Except as otherwise provided in division (B)(2) | 16 |
| of this section, unlawful property burning is a misdemeanor of the | 17 |
| second degree, and the court shall impose on the offender the | 18 |
| maximum fine prescribed in section 2929.28 of the Revised Code for | 19 |
| a misdemeanor of the second degree. | 20 |
| (2) Unlawful property burning is a misdemeanor of the first | 21 |
| degree, and the court shall impose on the offender a mandatory | 22 |
| jail term of at least three days and the maximum fine prescribed | 23 |
| in section 2929.28 of the Revised Code for a misdemeanor of the | 24 |
| first degree if either of the following applies: | 25 |
| (a) The fire, receptacle, dumpster, combustible personal | 26 |
| property, or motor vehicle that is involved in a violation of | 27 |
| division (A)(1) or (2) of this section is located within twenty | 28 |
| feet of a residence, vehicle, or other property that belongs to a | 29 |
| person other than the offender. | 30 |
| (b) The violation of division (A)(1) or (2) of this section | 31 |
| creates a hazardous or hostile working condition for any emergency | 32 |
| personnel. | 33 |
| Sec. 2929.01. As used in this chapter: | 34 |
| (A)(1) "Alternative residential facility" means, subject to | 35 |
| division (A)(2) of this section, any facility other than an | 36 |
| offender's home or residence in which an offender is assigned to | 37 |
| live and that satisfies all of the following criteria: | 38 |
| (a) It provides programs through which the offender may seek | 39 |
| or maintain employment or may receive education, training, | 40 |
| treatment, or habilitation. | 41 |
| (b) It has received the appropriate license or certificate | 42 |
| for any specialized education, training, treatment, habilitation, | 43 |
| or other service that it provides from the government agency that | 44 |
| is responsible for licensing or certifying that type of education, | 45 |
| training, treatment, habilitation, or service. | 46 |
| (2) "Alternative residential facility" does not include a | 47 |
| community-based correctional facility, jail, halfway house, or | 48 |
| prison. | 49 |
| (B) "Bad time" means the time by which the parole board | 50 |
| administratively extends an offender's stated prison term or terms | 51 |
| pursuant to section 2967.11 of the Revised Code because the parole | 52 |
| board finds by clear and convincing evidence that the offender, | 53 |
| while serving the prison term or terms, committed an act that is a | 54 |
| criminal offense under the law of this state or the United States, | 55 |
| whether or not the offender is prosecuted for the commission of | 56 |
| that act. | 57 |
| (C) "Basic probation supervision" means a requirement that | 58 |
| the offender maintain contact with a person appointed to supervise | 59 |
| the offender in accordance with sanctions imposed by the court or | 60 |
| imposed by the parole board pursuant to section 2967.28 of the | 61 |
| Revised Code. "Basic probation supervision" includes basic parole | 62 |
| supervision and basic post-release control supervision. | 63 |
| (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and | 64 |
| "unit dose" have the same meanings as in section 2925.01 of the | 65 |
| Revised Code. | 66 |
| (E) "Community-based correctional facility" means a | 67 |
| community-based correctional facility and program or district | 68 |
| community-based correctional facility and program developed | 69 |
| pursuant to sections 2301.51 to 2301.58 of the Revised Code. | 70 |
| (F) "Community control sanction" means a sanction that is not | 71 |
| a prison term and that is described in section 2929.15, 2929.16, | 72 |
| 2929.17, or 2929.18 of the Revised Code or a sanction that is not | 73 |
| a jail term and that is described in section 2929.26, 2929.27, or | 74 |
| 2929.28 of the Revised Code. "Community control sanction" | 75 |
| includes probation if the sentence involved was imposed for a | 76 |
| felony that was committed prior to July 1, 1996, or if the | 77 |
| sentence involved was imposed for a misdemeanor that was committed | 78 |
| prior to January 1, 2004. | 79 |
| (G) "Controlled substance," "marihuana," "schedule I," and | 80 |
| "schedule II" have the same meanings as in section 3719.01 of the | 81 |
| Revised Code. | 82 |
| (H) "Curfew" means a requirement that an offender during a | 83 |
| specified period of time be at a designated place. | 84 |
| (I) "Day reporting" means a sanction pursuant to which an | 85 |
| offender is required each day to report to and leave a center or | 86 |
| other approved reporting location at specified times in order to | 87 |
| participate in work, education or training, treatment, and other | 88 |
| approved programs at the center or outside the center. | 89 |
| (J) "Deadly weapon" has the same meaning as in section | 90 |
| 2923.11 of the Revised Code. | 91 |
| (K) "Drug and alcohol use monitoring" means a program under | 92 |
| which an offender agrees to submit to random chemical analysis of | 93 |
| the offender's blood, breath, or urine to determine whether the | 94 |
| offender has ingested any alcohol or other drugs. | 95 |
| (L) "Drug treatment program" means any program under which a | 96 |
| person undergoes assessment and treatment designed to reduce or | 97 |
| completely eliminate the person's physical or emotional reliance | 98 |
| upon alcohol, another drug, or alcohol and another drug and under | 99 |
| which the person may be required to receive assessment and | 100 |
| treatment on an outpatient basis or may be required to reside at a | 101 |
| facility other than the person's home or residence while | 102 |
| undergoing assessment and treatment. | 103 |
| (M) "Economic loss" means any economic detriment suffered by | 104 |
| a victim as a direct and proximate result of the commission of an | 105 |
| offense and includes any loss of income due to lost time at work | 106 |
| because of any injury caused to the victim, and any property loss, | 107 |
| medical cost, or funeral expense incurred as a result of the | 108 |
| commission of the offense. "Economic loss" does not include | 109 |
| non-economic loss or any punitive or exemplary damages. | 110 |
| (N) "Education or training" includes study at, or in | 111 |
| conjunction with a program offered by, a university, college, or | 112 |
| technical college or vocational study and also includes the | 113 |
| completion of primary school, secondary school, and literacy | 114 |
| curricula or their equivalent. | 115 |
| (O) "Firearm" has the same meaning as in section 2923.11 of | 116 |
| the Revised Code. | 117 |
| (P) "Halfway house" means a facility licensed by the division | 118 |
| of parole and community services of the department of | 119 |
| rehabilitation and correction pursuant to section 2967.14 of the | 120 |
| Revised Code as a suitable facility for the care and treatment of | 121 |
| adult offenders. | 122 |
| (Q) "House arrest" means a period of confinement of an | 123 |
| offender that is in the offender's home or in other premises | 124 |
| specified by the sentencing court or by the parole board pursuant | 125 |
| to section 2967.28 of the Revised Code and during which all of the | 126 |
| following apply: | 127 |
| (1) The offender is required to remain in the offender's home | 128 |
| or other specified premises for the specified period of | 129 |
| confinement, except for periods of time during which the offender | 130 |
| is at the offender's place of employment or at other premises as | 131 |
| authorized by the sentencing court or by the parole board. | 132 |
| (2) The offender is required to report periodically to a | 133 |
| person designated by the court or parole board. | 134 |
| (3) The offender is subject to any other restrictions and | 135 |
| requirements that may be imposed by the sentencing court or by the | 136 |
| parole board. | 137 |
| (R) "Intensive probation supervision" means a requirement | 138 |
| that an offender maintain frequent contact with a person appointed | 139 |
| by the court, or by the parole board pursuant to section 2967.28 | 140 |
| of the Revised Code, to supervise the offender while the offender | 141 |
| is seeking or maintaining necessary employment and participating | 142 |
| in training, education, and treatment programs as required in the | 143 |
| court's or parole board's order. "Intensive probation supervision" | 144 |
| includes intensive parole supervision and intensive post-release | 145 |
| control supervision. | 146 |
| (S) "Jail" means a jail, workhouse, minimum security jail, or | 147 |
| other residential facility used for the confinement of alleged or | 148 |
| convicted offenders that is operated by a political subdivision or | 149 |
| a combination of political subdivisions of this state. | 150 |
| (T) "Jail term" means the term in a jail that a sentencing | 151 |
| court imposes or is authorized to impose pursuant to section | 152 |
| 2929.24 or 2929.25 of the Revised Code or pursuant to any other | 153 |
| provision of the Revised Code that authorizes a term in a jail for | 154 |
| a misdemeanor conviction. | 155 |
| (U) "Mandatory jail term" means the term in a jail that a | 156 |
| sentencing court is required to impose pursuant to division (G) of | 157 |
| section 1547.99 of the Revised Code, division (E) of section | 158 |
| 2903.06 or division (D) of section 2903.08 of the Revised Code, | 159 |
| division (B)(2) of section 2909.031 of the Revised Code, division | 160 |
| (E) of section 2929.24 of the Revised Code, division (B) of | 161 |
| section 4510.14 of the Revised Code, or division (G) of section | 162 |
| 4511.19 of the Revised Code or pursuant to any other provision of | 163 |
| the Revised Code that requires a term in a jail for a misdemeanor | 164 |
| conviction. | 165 |
| (V) "Delinquent child" has the same meaning as in section | 166 |
| 2152.02 of the Revised Code. | 167 |
| (W) "License violation report" means a report that is made by | 168 |
| a sentencing court, or by the parole board pursuant to section | 169 |
| 2967.28 of the Revised Code, to the regulatory or licensing board | 170 |
| or agency that issued an offender a professional license or a | 171 |
| license or permit to do business in this state and that specifies | 172 |
| that the offender has been convicted of or pleaded guilty to an | 173 |
| offense that may violate the conditions under which the offender's | 174 |
| professional license or license or permit to do business in this | 175 |
| state was granted or an offense for which the offender's | 176 |
| professional license or license or permit to do business in this | 177 |
| state may be revoked or suspended. | 178 |
| (X) "Major drug offender" means an offender who is convicted | 179 |
| of or pleads guilty to the possession of, sale of, or offer to | 180 |
| sell any drug, compound, mixture, preparation, or substance that | 181 |
| consists of or contains at least one thousand grams of hashish; at | 182 |
| least one hundred grams of crack cocaine; at least one thousand | 183 |
| grams of cocaine that is not crack cocaine; at least two thousand | 184 |
| five hundred unit doses or two hundred fifty grams of heroin; at | 185 |
| least five thousand unit doses of L.S.D. or five hundred grams of | 186 |
| L.S.D. in a liquid concentrate, liquid extract, or liquid | 187 |
| distillate form; or at least one hundred times the amount of any | 188 |
| other schedule I or II controlled substance other than marihuana | 189 |
| that is necessary to commit a felony of the third degree pursuant | 190 |
| to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised | 191 |
| Code that is based on the possession of, sale of, or offer to sell | 192 |
| the controlled substance. | 193 |
| (Y) "Mandatory prison term" means any of the following: | 194 |
| (1) Subject to division (Y)(2) of this section, the term in | 195 |
| prison that must be imposed for the offenses or circumstances set | 196 |
| forth in divisions (F)(1) to (8) or (F)(12) to (14) of section | 197 |
| 2929.13 and division (D) of section 2929.14 of the Revised Code. | 198 |
| Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, | 199 |
| and 2925.11 of the Revised Code, unless the maximum or another | 200 |
| specific term is required under section 2929.14 of the Revised | 201 |
| Code, a mandatory prison term described in this division may be | 202 |
| any prison term authorized for the level of offense. | 203 |
| (2) The term of sixty or one hundred twenty days in prison | 204 |
| that a sentencing court is required to impose for a third or | 205 |
| fourth degree felony OVI offense pursuant to division (G)(2) of | 206 |
| section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 | 207 |
| of the Revised Code or the term of one, two, three, four, or five | 208 |
| years in prison that a sentencing court is required to impose | 209 |
| pursuant to division (G)(2) of section 2929.13 of the Revised | 210 |
| Code. | 211 |
| (3) The term in prison imposed pursuant to section 2971.03 of | 212 |
| the Revised Code for the offenses and in the circumstances | 213 |
| described in division (F)(11) of section 2929.13 of the Revised | 214 |
| Code and that term as modified or terminated pursuant to section | 215 |
| 2971.05 of the Revised Code. | 216 |
| (Z) "Monitored time" means a period of time during which an | 217 |
| offender continues to be under the control of the sentencing court | 218 |
| or parole board, subject to no conditions other than leading a | 219 |
| law-abiding life. | 220 |
| (AA) "Offender" means a person who, in this state, is | 221 |
| convicted of or pleads guilty to a felony or a misdemeanor. | 222 |
| (BB) "Prison" means a residential facility used for the | 223 |
| confinement of convicted felony offenders that is under the | 224 |
| control of the department of rehabilitation and correction but | 225 |
| does not include a violation sanction center operated under | 226 |
| authority of section 2967.141 of the Revised Code. | 227 |
| (CC) "Prison term" includes any of the following sanctions | 228 |
| for an offender: | 229 |
| (1) A stated prison term; | 230 |
| (2) A term in a prison shortened by, or with the approval of, | 231 |
| the sentencing court pursuant to section 2929.20, 2967.26, | 232 |
| 5120.031, 5120.032, or 5120.073 of the Revised Code; | 233 |
| (3) A term in prison extended by bad time imposed pursuant to | 234 |
| section 2967.11 of the Revised Code or imposed for a violation of | 235 |
| post-release control pursuant to section 2967.28 of the Revised | 236 |
| Code. | 237 |
| (DD) "Repeat violent offender" means a person about whom both | 238 |
| of the following apply: | 239 |
| (1) The person is being sentenced for committing or for | 240 |
| complicity in committing any of the following: | 241 |
| (a) Aggravated murder, murder, any felony of the first or | 242 |
| second degree that is an offense of violence, or an attempt to | 243 |
| commit any of these offenses if the attempt is a felony of the | 244 |
| first or second degree; | 245 |
| (b) An offense under an existing or former law of this state, | 246 |
| another state, or the United States that is or was substantially | 247 |
| equivalent to an offense described in division (DD)(1)(a) of this | 248 |
| section. | 249 |
| (2) The person previously was convicted of or pleaded guilty | 250 |
| to an offense described in division (DD)(1)(a) or (b) of this | 251 |
| section. | 252 |
| (EE) "Sanction" means any penalty imposed upon an offender | 253 |
| who is convicted of or pleads guilty to an offense, as punishment | 254 |
| for the offense. "Sanction" includes any sanction imposed pursuant | 255 |
| to any provision of sections 2929.14 to 2929.18 or 2929.24 to | 256 |
| 2929.28 of the Revised Code. | 257 |
| (FF) "Sentence" means the sanction or combination of | 258 |
| sanctions imposed by the sentencing court on an offender who is | 259 |
| convicted of or pleads guilty to an offense. | 260 |
| (GG) "Stated prison term" means the prison term, mandatory | 261 |
| prison term, or combination of all prison terms and mandatory | 262 |
| prison terms imposed by the sentencing court pursuant to section | 263 |
| 2929.14 or 2971.03 of the Revised Code. "Stated prison term" | 264 |
| includes any credit received by the offender for time spent in | 265 |
| jail awaiting trial, sentencing, or transfer to prison for the | 266 |
| offense and any time spent under house arrest or house arrest with | 267 |
| electronic monitoring imposed after earning credits pursuant to | 268 |
| section 2967.193 of the Revised Code. | 269 |
| (HH) "Victim-offender mediation" means a reconciliation or | 270 |
| mediation program that involves an offender and the victim of the | 271 |
| offense committed by the offender and that includes a meeting in | 272 |
| which the offender and the victim may discuss the offense, discuss | 273 |
| restitution, and consider other sanctions for the offense. | 274 |
| (II) "Fourth degree felony OVI offense" means a violation of | 275 |
| division (A) of section 4511.19 of the Revised Code that, under | 276 |
| division (G) of that section, is a felony of the fourth degree. | 277 |
| (JJ) "Mandatory term of local incarceration" means the term | 278 |
| of sixty or one hundred twenty days in a jail, a community-based | 279 |
| correctional facility, a halfway house, or an alternative | 280 |
| residential facility that a sentencing court may impose upon a | 281 |
| person who is convicted of or pleads guilty to a fourth degree | 282 |
| felony OVI offense pursuant to division (G)(1) of section 2929.13 | 283 |
| of the Revised Code and division (G)(1)(d) or (e) of section | 284 |
| 4511.19 of the Revised Code. | 285 |
| (KK) "Designated homicide, assault, or kidnapping offense," | 286 |
| "violent sex offense," "sexual motivation specification," | 287 |
| "sexually violent offense," "sexually violent predator," and | 288 |
| "sexually violent predator specification" have the same meanings | 289 |
| as in section 2971.01 of the Revised Code. | 290 |
| (LL) "Habitual sex offender," "sexually oriented offense," | 291 |
| "sexual predator," "registration-exempt sexually oriented | 292 |
| offense," "child-victim oriented offense," "habitual child-victim | 293 |
| offender," and "child-victim predator" have the same meanings as | 294 |
| in section 2950.01 of the Revised Code. | 295 |
| (MM) An offense is "committed in the vicinity of a child" if | 296 |
| the offender commits the offense within thirty feet of or within | 297 |
| the same residential unit as a child who is under eighteen years | 298 |
| of age, regardless of whether the offender knows the age of the | 299 |
| child or whether the offender knows the offense is being committed | 300 |
| within thirty feet of or within the same residential unit as the | 301 |
| child and regardless of whether the child actually views the | 302 |
| commission of the offense. | 303 |
| (NN) "Family or household member" has the same meaning as in | 304 |
| section 2919.25 of the Revised Code. | 305 |
| (OO) "Motor vehicle" and "manufactured home" have the same | 306 |
| meanings as in section 4501.01 of the Revised Code. | 307 |
| (PP) "Detention" and "detention facility" have the same | 308 |
| meanings as in section 2921.01 of the Revised Code. | 309 |
| (QQ) "Third degree felony OVI offense" means a violation of | 310 |
| division (A) of section 4511.19 of the Revised Code that, under | 311 |
| division (G) of that section, is a felony of the third degree. | 312 |
| (RR) "Random drug testing" has the same meaning as in section | 313 |
| 5120.63 of the Revised Code. | 314 |
| (SS) "Felony sex offense" has the same meaning as in section | 315 |
| 2967.28 of the Revised Code. | 316 |
| (TT) "Body armor" has the same meaning as in section | 317 |
| 2941.1411 of the Revised Code. | 318 |
| (UU) "Electronic monitoring" means monitoring through the use | 319 |
| of an electronic monitoring device. | 320 |
| (VV) "Electronic monitoring device" means any of the | 321 |
| following: | 322 |
| (1) Any device that can be operated by electrical or battery | 323 |
| power and that conforms with all of the following: | 324 |
| (a) The device has a transmitter that can be attached to a | 325 |
| person, that will transmit a specified signal to a receiver of the | 326 |
| type described in division (VV)(1)(b) of this section if the | 327 |
| transmitter is removed from the person, turned off, or altered in | 328 |
| any manner without prior court approval in relation to electronic | 329 |
| monitoring or without prior approval of the department of | 330 |
| rehabilitation and correction in relation to the use of an | 331 |
| electronic monitoring device for an inmate on transitional control | 332 |
| or otherwise is tampered with, that can transmit continuously and | 333 |
| periodically a signal to that receiver when the person is within a | 334 |
| specified distance from the receiver, and that can transmit an | 335 |
| appropriate signal to that receiver if the person to whom it is | 336 |
| attached travels a specified distance from that receiver. | 337 |
| (b) The device has a receiver that can receive continuously | 338 |
| the signals transmitted by a transmitter of the type described in | 339 |
| division (VV)(1)(a) of this section, can transmit continuously | 340 |
| those signals by telephone to a central monitoring computer of the | 341 |
| type described in division (VV)(1)(c) of this section, and can | 342 |
| transmit continuously an appropriate signal to that central | 343 |
| monitoring computer if the receiver is turned off or altered | 344 |
| without prior court approval or otherwise tampered with. | 345 |
| (c) The device has a central monitoring computer that can | 346 |
| receive continuously the signals transmitted by telephone by a | 347 |
| receiver of the type described in division (VV)(1)(b) of this | 348 |
| section and can monitor continuously the person to whom an | 349 |
| electronic monitoring device of the type described in division | 350 |
| (VV)(1)(a) of this section is attached. | 351 |
| (2) Any device that is not a device of the type described in | 352 |
| division (VV)(1) of this section and that conforms with all of the | 353 |
| following: | 354 |
| (a) The device includes a transmitter and receiver that can | 355 |
| monitor and determine the location of a subject person at any | 356 |
| time, or at a designated point in time, through the use of a | 357 |
| central monitoring computer or through other electronic means. | 358 |
| (b) The device includes a transmitter and receiver that can | 359 |
| determine at any time, or at a designated point in time, through | 360 |
| the use of a central monitoring computer or other electronic means | 361 |
| the fact that the transmitter is turned off or altered in any | 362 |
| manner without prior approval of the court in relation to the | 363 |
| electronic monitoring or without prior approval of the department | 364 |
| of rehabilitation and correction in relation to the use of an | 365 |
| electronic monitoring device for an inmate on transitional control | 366 |
| or otherwise is tampered with. | 367 |
| (3) Any type of technology that can adequately track or | 368 |
| determine the location of a subject person at any time and that is | 369 |
| approved by the director of rehabilitation and correction, | 370 |
| including, but not limited to, any satellite technology, voice | 371 |
| tracking system, or retinal scanning system that is so approved. | 372 |
| (WW) "Non-economic loss" means nonpecuniary harm suffered by | 373 |
| a victim of an offense as a result of or related to the commission | 374 |
| of the offense, including, but not limited to, pain and suffering; | 375 |
| loss of society, consortium, companionship, care, assistance, | 376 |
| attention, protection, advice, guidance, counsel, instruction, | 377 |
| training, or education; mental anguish; and any other intangible | 378 |
| loss. | 379 |
| (XX) "Prosecutor" has the same meaning as in section 2935.01 | 380 |
| of the Revised Code. | 381 |
| (YY) "Continuous alcohol monitoring" means the ability to | 382 |
| automatically test and periodically transmit alcohol consumption | 383 |
| levels and tamper attempts at least every hour, regardless of the | 384 |
| location of the person who is being monitored. | 385 |
| (ZZ) A person is "adjudicated a sexually violent predator" if | 386 |
| the person is convicted of or pleads guilty to a violent sex | 387 |
| offense and also is convicted of or pleads guilty to a sexually | 388 |
| violent predator specification that was included in the | 389 |
| indictment, count in the indictment, or information charging that | 390 |
| violent sex offense or if the person is convicted of or pleads | 391 |
| guilty to a designated homicide, assault, or kidnapping offense | 392 |
| and also is convicted of or pleads guilty to both a sexual | 393 |
| motivation specification and a sexually violent predator | 394 |
| specification that were included in the indictment, count in the | 395 |
| indictment, or information charging that designated homicide, | 396 |
| assault, or kidnapping offense. | 397 |
| Section 2. That existing section 2929.01 of the Revised Code | 398 |
| is hereby repealed. | 399 |
| Section 3. Section 2929.01 of the Revised Code is presented | 400 |
| in this act as a composite of the section as amended by both Am. | 401 |
| Sub. H.B. 95 and Am. Sub. H.B. 162 of the 126th General Assembly. | 402 |
| The General Assembly, applying the principle stated in division | 403 |
| (B) of section 1.52 of the Revised Code that amendments are to be | 404 |
| harmonized if reasonably capable of simultaneous operation, finds | 405 |
| that the composite is the resulting version of the section in | 406 |
| effect prior to the effective date of the section as presented in | 407 |
| this act. | 408 |