|
|
| To amend sections 2961.01 and 2961.02 of the Revised | 1 |
| Code to make existing laws prohibiting a person | 2 |
| who has been convicted of a felony from holding | 3 |
| public office and denying such person other | 4 |
| specified privileges applicable upon the | 5 |
| determination of the person's guilt. | 6 |
| Section 1. That sections 2961.01 and 2961.02 of the Revised | 7 |
| Code be amended to read as follows: | 8 |
| Sec. 2961.01. (A) A person who is convicted of or pleads | 9 |
| guilty to a felony under the laws of this or any other state or | 10 |
| the United States, unless the conviction is reversed or annulled, | 11 |
| is incompetent to be an elector or juror or to hold an office of | 12 |
| honor, trust, or profit. When any person convicted of a felony | 13 |
| under any law of that type is granted parole, judicial release, or | 14 |
| a conditional pardon or is released under a non-jail community | 15 |
| control sanction or a post-release control sanction, the person is | 16 |
| competent to be an elector during the period of community control, | 17 |
| parole, post-release control, or release or until the conditions | 18 |
| of the pardon have been performed or have transpired and is | 19 |
| competent to be an elector thereafter following final discharge. | 20 |
| The full pardon of a person convicted of a felony restores the | 21 |
| rights and privileges so forfeited under this division, but a | 22 |
| pardon shall not release the person convicted of a felony from | 23 |
| the costs of a conviction in this state, unless so specified. | 24 |
| (B) A person who is convicted of or pleads guilty to a felony | 25 |
| under laws of this state or any other state or the United States | 26 |
| is incompetent to circulate or serve as a witness for the signing | 27 |
| of any declaration of candidacy and petition, voter registration | 28 |
| application, or nominating, initiative, referendum, or recall | 29 |
| petition. | 30 |
| (C) As used in this section: | 31 |
| (1) "Community control sanction" has the same meaning as in | 32 |
| section 2929.01 of the Revised Code. | 33 |
| (2) "Non-jail community control sanction" means a community | 34 |
| control sanction that is neither a term in a community-based | 35 |
| correctional facility nor a term in a jail. | 36 |
| (3) "Post-release control" and "post-release control | 37 |
| sanction" have the same meanings as in section 2967.01 of the | 38 |
| Revised Code. | 39 |
| Sec. 2961.02. (A) As used in this section: | 40 |
| (1) "Disqualifying offense" means an offense that has both of | 41 |
| the following characteristics: | 42 |
| (a) It is one of the following: | 43 |
| (i) A theft offense that is a felony; | 44 |
| (ii) A felony under the laws of this state, another state, or | 45 |
| the United States, that is not covered by division (A)(1)(a)(i) | 46 |
| of this section and that involves fraud, deceit, or theft. | 47 |
| (b) It is an offense for which the laws of this state, | 48 |
| another state, or the United States do not otherwise contain a | 49 |
| provision specifying permanent disqualification, or | 50 |
| disqualification for a specified period, from holding a public | 51 |
| office or position of public employment, or from serving as an | 52 |
| unpaid volunteer, as a result of conviction of the offense, | 53 |
| including, but not limited to, a provision such as that in | 54 |
| division (C)(1) of section 2921.41 of the Revised Code. | 55 |
| (2) "Political subdivision" has the same meaning as in | 56 |
| section 2744.01 of the Revised Code. | 57 |
| (3) "Private entity" includes an individual, corporation, | 58 |
| limited liability company, business trust, estate, trust, | 59 |
| partnership, or association that receives any funds from a state | 60 |
| agency or political subdivision to perform an activity on behalf | 61 |
| of the state agency or political subdivision. | 62 |
| (4) "State agency" has the same meaning as in section 1.60 | 63 |
| of the Revised Code. | 64 |
| (5) "Theft offense" has the same meaning as in section | 65 |
| 2913.01 of the Revised Code. | 66 |
| (6) "Volunteer" means a person who serves as a volunteer | 67 |
| without compensation with a state agency or political subdivision | 68 |
| or who serves as a volunteer without compensation with a private | 69 |
| entity, including, but not limited to, an uncompensated auxiliary | 70 |
| police officer, auxiliary deputy sheriff, or volunteer | 71 |
| firefighter. | 72 |
| (B) Any person who is convicted of or pleads guilty to a | 73 |
| disqualifying offense is incompetent to hold a public office or | 74 |
| position of public employment or to serve as a volunteer, if | 75 |
| holding the public office or position of public employment or | 76 |
| serving as the volunteer involves substantial management or | 77 |
| control over the property of a state agency, political | 78 |
| subdivision, or private entity. | 79 |
| (C) Division (B) of this section does not apply if a | 80 |
| conviction of a disqualifying offense is reversed, expunged, or | 81 |
| annulled. The full pardon of a person convicted of a disqualifying | 82 |
| offense restores the privileges forfeited under division (B) of | 83 |
| this section, but the pardon does not release the person from the | 84 |
| costs of the person's conviction in this state, unless so | 85 |
| specified. | 86 |
| Section 2. That existing sections 2961.01 and 2961.02 of the | 87 |
| Revised Code are hereby repealed. | 88 |