S. B. No. 18 As Reported by the Senate Judiciary--Criminal Justice Committee

As Reported by the Senate Judiciary--Criminal Justice Committee

127th General Assembly

Regular Session

2007-2008

S. B. No. 18

Senator Clancy

Cosponsors: Senators Stivers, Cates, Schaffer, Austria, Grendell

A BILL

To amend section 2953.36 of the Revised Code to 1
prohibit an offender from having a criminal record 2
sealed when the underlying offense is importuning, 3
or the underlying offense is voyeurism, public 4
indecency, compelling prostitution, promoting 5
prostitution, procuring, disseminating matter 6
harmful to juveniles, displaying matter harmful to 7
juveniles, pandering obscenity, or deception to 8
obtain matter harmful to juveniles when the victim 9
of the offense is under eighteen years of age. 10

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

       Section 1. That section 2953.36 of the Revised Code be 11
amended to read as follows: 12

       Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised 13
Code do not apply to any of the following: 14

       (A) Convictions when the offender is subject to a mandatory 15
prison term; 16

       (B) Convictions under section 2907.02, 2907.03, 2907.04, 17
2907.05, 2907.06, 2907.07, 2907.321, 2907.322, or 2907.323, former 18
section 2907.12, or Chapter 4507., 4510., 4511., or 4549. of the 19
Revised Code, or a conviction for a violation of a municipal 20
ordinance that is substantially similar to any section contained 21
in any of those chapters; 22

       (C) ~~convictions~~Convictions of an offense of violence when 23
the offense is a misdemeanor of the first degree or a felony and 24
when the offense is not a violation of section 2917.03 of the 25
Revised Code and is not a violation of section 2903.13, 2917.01 or 26
2917.31 of the Revised Code that is a misdemeanor of the first 27
degree; 28

       (D) Convictions under section 2907.08, 2907.09, 2907.21, 29
2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33 of the 30
Revised Code when the victim of the offense was under eighteen 31
years of age; 32

       (E) Convictions of an offense in circumstances in which the 33
victim of the offense was under eighteen years of age when the 34
offense is a misdemeanor of the first degree or a felony; 35

       ~~(E)~~(F) Convictions of a felony of the first or second degree; 36

       ~~(F)~~(G) Bail forfeitures in a traffic case as defined in 37
Traffic Rule 2. 38

       Section 2. That existing section 2953.36 of the Revised Code 39
is hereby repealed. 40

Section 1. That section 2953.36 of the Revised Code be	11
amended to read as follows:	12

Sec. 2953.36. Sections 2953.31 to 2953.35 of the Revised	13
Code do not apply to any of the following:	14

(A) Convictions when the offender is subject to a mandatory	15
prison term;	16

(B) Convictions under section 2907.02, 2907.03, 2907.04,	17
2907.05, 2907.06, 2907.07, 2907.321, 2907.322, or 2907.323, former	18
section 2907.12, or Chapter 4507., 4510., 4511., or 4549. of the	19
Revised Code, or a conviction for a violation of a municipal	20
ordinance that is substantially similar to any section contained	21
in any of those chapters;	22

(C) ~~convictions~~Convictions of an offense of violence when	23
the offense is a misdemeanor of the first degree or a felony and	24
when the offense is not a violation of section 2917.03 of the	25
Revised Code and is not a violation of section 2903.13, 2917.01 or	26
2917.31 of the Revised Code that is a misdemeanor of the first	27
degree;	28

(D) Convictions under section 2907.08, 2907.09, 2907.21,	29
2907.22, 2907.23, 2907.31, 2907.311, 2907.32, or 2907.33 of the	30
Revised Code when the victim of the offense was under eighteen	31
years of age;	32

(E) Convictions of an offense in circumstances in which the	33
victim of the offense was under eighteen years of age when the	34
offense is a misdemeanor of the first degree or a felony;	35

~~(F)~~(G) Bail forfeitures in a traffic case as defined in	37
Traffic Rule 2.	38

Section 2. That existing section 2953.36 of the Revised Code	39
is hereby repealed.	40