As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 109


Senator Schiavoni 

Cosponsors: Senators Smith, Turner, Sawyer, Skindell, Beagle, Tavares, Cafaro 

A BILL
To amend section 2911.21 and to enact section 1
2305.117 of the Revised Code to provide that a 2
person is not criminally or civilly liable for 3
trespassing on certain abandoned land, blighted 4
parcels, or similar places of public amusement if 5
the person enters or remains on the land or parcel 6
to beautify it.7


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

       Section 1. That section 2911.21 be amended and section 8
2305.117 of the Revised Code be enacted to read as follows:9

       Sec. 2305.117.  (A) As used in this section:10

       (1) "Abandoned land" and "unoccupied" have the same meanings 11
as in section 323.65 of the Revised Code.12

       (2) "Beautify" has the same meaning as in section 2911.21 of 13
the Revised Code.14

       (3) "Place of public amusement" has the same meaning as in 15
section 2911.23 of the Revised Code.16

       (B) No owner of abandoned land, abandoned land that is 17
unoccupied, a blighted parcel, or a place of public amusement that 18
is abandoned land, abandoned land that is unoccupied, or a 19
blighted parcel has a civil action, or may receive an award of 20
damages in a civil action, against another person for the other 21
person knowingly entering or remaining upon that land, parcel, or 22
place of public amusement if the other person knowingly enters or 23
remains on that land, parcel, or place of public amusement in 24
order to beautify that land, parcel, or place of public amusement.25

       Sec. 2911.21.  (A) No person, without privilege to do so, 26
shall do any of the following:27

       (1) Knowingly enter or remain on the land or premises of 28
another;29

       (2) Knowingly enter or remain on the land or premises of 30
another, the use of which is lawfully restricted to certain 31
persons, purposes, modes, or hours, when the offender knows the 32
offender is in violation of any such restriction or is reckless in 33
that regard;34

       (3) Recklessly enter or remain on the land or premises of 35
another, as to which notice against unauthorized access or 36
presence is given by actual communication to the offender, or in a 37
manner prescribed by law, or by posting in a manner reasonably 38
calculated to come to the attention of potential intruders, or by 39
fencing or other enclosure manifestly designed to restrict access;40

       (4) Being on the land or premises of another, negligently 41
fail or refuse to leave upon being notified by signage posted in a 42
conspicuous place or otherwise being notified to do so by the 43
owner or occupant, or the agent or servant of either.44

       (B) It is no defense to a charge under this section that the 45
land or premises involved was owned, controlled, or in custody of 46
a public agency.47

       (C) It is no defense to a charge under this section that the 48
offender was authorized to enter or remain on the land or premises 49
involved, when such authorization was secured by deception.50

       (D)(1) Whoever violates this section is guilty of criminal 51
trespass, a misdemeanor of the fourth degree.52

       (2) Notwithstanding section 2929.28 of the Revised Code, if 53
the person, in committing the violation of this section, used a 54
snowmobile, off-highway motorcycle, or all-purpose vehicle, the 55
court shall impose a fine of two times the usual amount imposed 56
for the violation.57

       (3) If an offender previously has been convicted of or 58
pleaded guilty to two or more violations of this section or a 59
substantially equivalent municipal ordinance, and the offender, in 60
committing each violation, used a snowmobile, off-highway 61
motorcycle, or all-purpose vehicle, the court, in addition to or 62
independent of all other penalties imposed for the violation, may 63
impound the certificate of registration of that snowmobile or 64
off-highway motorcycle or the certificate of registration and 65
license plate of that all-purpose vehicle for not less than sixty 66
days. In such a case, section 4519.47 of the Revised Code applies.67

       (E) Notwithstanding any provision of the Revised Code, if the 68
offender, in committing the violation of this section, used an 69
all-purpose vehicle, the clerk of the court shall pay the fine 70
imposed pursuant to this section to the state recreational vehicle 71
fund created by section 4519.11 of the Revised Code.72

       (F) This section does not apply to a person who knowingly 73
enters or remains on abandoned land, abandoned land that is 74
unoccupied, or a blighted parcel, or a place of public amusement 75
that is abandoned land, abandoned land that is unoccupied, or a 76
blighted parcel, without privilege to do so if the person 77
knowingly enters or remains on that land, parcel, or place of 78
public amusement in order to beautify that land, parcel, or place 79
of public amusement.80

       (G) As used in this section:81

       (1) "All-purpose vehicle," "off-highway motorcycle," and 82
"snowmobile" have the same meanings as in section 4519.01 of the 83
Revised Code.84

       (2) "Land or premises" includes any land, building, 85
structure, or place belonging to, controlled by, or in custody of 86
another, and any separate enclosure or room, or portion thereof.87

       (3) "Abandoned land" and "unoccupied" have the same meanings 88
as in section 323.65 of the Revised Code.89

       (4) "Beautify" means to landscape, clean up litter, or repair 90
dilapidated conditions on abandoned land, abandoned land that is 91
unoccupied, or a blighted parcel or to board up windows and doors 92
on any building or structure that is located on the abandoned 93
land, abandoned land that is unoccupied, or blighted parcel.94

       (5) "Place of public amusement" has the same meaning as in 95
section 2911.23 of the Revised Code.96

       Section 2.  That existing section 2911.21 of the Revised Code 97
is hereby repealed.98