As Reported by the House Criminal Justice Committee

127th General Assembly Regular Session 2007-2008

Am. S. B. No. 18

Senator Clancy 

Cosponsors: Senators Stivers, Cates, Schaffer, Austria, Grendell, Coughlin, Harris, Mason, Mumper, Padgett, Faber, Goodman, Carey, Spada, Wilson, Jacobson 

Representatives Bubp, Widowfield 

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A BILL

To amend section 2953.36 of the Revised Code to

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prohibit an offender from having a criminal record

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sealed when the underlying offense is importuning

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for which the conviction occurs on or after the

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effective date of the act, or the underlying

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offense is voyeurism, public indecency,

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compelling prostitution, promoting prostitution,

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procuring, disseminating matter harmful to

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juveniles, displaying matter harmful to

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juveniles, pandering obscenity, or deception to

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obtain matter harmful to juveniles when the victim

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of the offense is under eighteen years of age and

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the conviction occurs on or after the effective

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date of the act.

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

Section 1. That section 2953.36 of the Revised Code be	15
amended to read as follows:	16

Sec. 2953.36.  Sections 2953.31 to 2953.35 of the Revised	17
Code do not apply to any of the following:	18

(A) Convictions when the offender is subject to a mandatory	19
prison term;	20

(B) Convictions under section 2907.02, 2907.03, 2907.04,	21
2907.05, 2907.06, 2907.321, 2907.322, or 2907.323, former section	22
2907.12, or Chapter 4507., 4510., 4511., or 4549. of the Revised	23
Code, or a conviction for a violation of a municipal ordinance	24
that is substantially similar to any section contained in any of	25
those chapters;	26

(C) convictionsConvictions of an offense of violence when	27
the offense is a misdemeanor of the first degree or a felony and	28
when the offense is not a violation of section 2917.03 of the	29
Revised Code and is not a violation of section 2903.13, 2917.01 or	30
2917.31 of the Revised Code that is a misdemeanor of the first	31
degree;	32

(D) Convictions on or after the effective date of this	33
amendment under section 2907.07 of the Revised Code or a	34
conviction on or after the effective date of this amendment for a	35
violation of a municipal ordinance that is substantially similar	36
to that section;	37

(E) Convictions on or after the effective date of this	38
amendment under section 2907.08, 2907.09, 2907.21, 2907.22,	39
2907.23, 2907.31, 2907.311, 2907.32, or 2907.33 of the Revised	40
Code when the victim of the offense was under eighteen years of	41
age;	42

(F) Convictions of an offense in circumstances in which the	43
victim of the offense was under eighteen years of age when the	44
offense is a misdemeanor of the first degree or a felony;	45

(E)(G) Convictions of a felony of the first or second degree;

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(F)(H) Bail forfeitures in a traffic case as defined in	47
Traffic Rule 2.	48

Section 2. That existing section 2953.36 of the Revised Code	49
is hereby repealed.	50