As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 70


Senator Schaffer 

Cosponsors: Senators Hughes, Manning 

A BILL
To enact sections 2909.13, 2909.14, and 2909.15 of 1
the Revised Code to establish a registry for arson 2
offenders.3


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

       Section 1. That sections 2909.13, 2909.14, and 2909.15 of the 4
Revised Code be enacted to read as follows:5

       Sec. 2909.13.  As used in sections 2909.13 to 2909.15 of the 6
Revised Code:7

       (A) "Arson-related offense" means any of the following 8
violations or offenses committed by a person, regardless of the 9
person's age:10

       (1) A violation of section 2909.02 or 2909.03 of the Revised 11
Code;12

       (2) Any attempt to commit, conspiracy to commit, or 13
complicity in committing either offense listed in division (A)(1) 14
of this section.15

       (B) "Arson offender" means any of the following:16

       (1) A person who on or after the effective date of this 17
section is convicted of or pleads guilty to an arson-related 18
offense;19

       (2) A person who on the effective date of this section has 20
been convicted of or pleaded guilty to an arson-related offense 21
and is confined in a jail, workhouse, state correctional 22
institution, or other institution, serving a prison term, term of 23
imprisonment, or other term of confinement for the offense;24

       (3) A person who on or after the effective date of this 25
section is charged with committing, attempting to commit, 26
conspiring to commit, or complicity in committing a violation of 27
section 2909.02 or 2909.03 of the Revised Code and who pleads 28
guilty to a violation of any provision of Chapter 2909. of the 29
Revised Code other than section 2909.02 or 2909.03 of the Revised 30
Code.31

       (C) "Community control sanction," "jail," and "prison" have 32
the same meanings as in section 2929.01 of the Revised Code.33

       (D) "Firefighter" has the same meaning as in section 4765.01 34
of the Revised Code.35

       (E) "Juvenile arson offender" means a person who on or after 36
the effective date of this section is adjudicated a delinquent 37
child for committing, attempting to commit, conspiring to commit, 38
or complicity in committing a violation of section 2909.02 or 39
2909.03 of the Revised Code or has been adjudicated a delinquent 40
child for committing, attempting to commit, conspiring to commit, 41
or complicity in committing a violation of section 2909.02 or 42
2909.03 of the Revised Code and who is confined in a secure 43
correctional facility on the effective date of this section.44

       (F) "Post-release control sanction" and "supervised release" 45
have the same meanings as in section 2950.01 of the Revised Code.46

       (G) "Secure correctional facility" means a facility under the 47
direction of the department of youth services that is designed to 48
physically restrict the movement and activities of juveniles 49
placed by a dispositional order of a juvenile court.50

       Sec. 2909.14.  (A) Each arson offender or juvenile arson 51
offender shall be provided notice of the arson offender's or 52
juvenile arson offender's duty to register personally with the 53
attorney general or the attorney general's designee. A parent, 54
guardian, or custodian of a juvenile arson offender also shall be 55
provided notice of the juvenile arson offender's duty to register. 56
The following persons shall provide the notice at the following 57
times:58

       (1) On or after the effective date of this section, the 59
official in charge of a jail, workhouse, state correctional 60
institution, or other institution in which an arson offender is 61
serving a prison term, term of imprisonment, or other term of 62
confinement, or the official's designee, shall provide the notice 63
to the arson offender before the arson offender is released 64
pursuant to any type of supervised release or before the arson 65
offender is otherwise released from the prison term, term of 66
imprisonment, or other term of confinement.67

       (2) If an arson offender is sentenced on or after the 68
effective date of this section for an arson-related offense and 69
the judge does not sentence the arson offender to a prison term, 70
term of imprisonment, or other term of confinement in a jail, 71
workhouse, state correctional institution, or other institution 72
for that offense, the judge shall provide the notice to the arson 73
offender at the time of the arson offender's sentencing.74

       (3) On or after the effective date of this section, the 75
official in charge of a secure correctional facility in which a 76
juvenile arson offender is confined, or the official's designee, 77
shall provide the notice to the juvenile arson offender before the 78
juvenile arson offender is released pursuant to any type of 79
supervised release or before the juvenile arson offender is 80
otherwise released from the secure correctional facility.81

       (4) If a person is adjudicated a juvenile arson offender on 82
or after the effective date of this section and the juvenile court 83
does not commit the juvenile arson offender to a secure 84
correctional facility at the dispositional hearing, the juvenile 85
court shall provide the notice to the juvenile arson offender at 86
the dispositional hearing.87

       (5) If notice is provided to a juvenile arson offender under 88
division (A)(3) or (4) of this section, the person providing the 89
notice also shall provide the notice to the delinquent child's 90
parent, guardian, or custodian.91

       (B)(1) The judge, official, or official's designee providing 92
the notice under divisions (A)(1) and (2) of this section shall 93
require the arson offender to read and sign a form stating that 94
the arson offender has received and understands the notice. If the 95
arson offender is unable to read, the judge, official, or 96
official's designee shall inform the arson offender of the arson 97
offender's duties as set forth in the notice and shall certify on 98
the form that the judge, official, or official's designee informed 99
the arson offender of the arson offender's duties and that the 100
arson offender indicated an understanding of those duties.101

       (2) The juvenile court, official, or official's designee 102
providing the notice to a juvenile arson offender and the 103
delinquent child's parent, guardian, or custodian under divisions 104
(A)(3), (4), and (5) of this section shall require the juvenile 105
arson offender and parent, guardian, or custodian to read and sign 106
a form stating that they have received and understand the notice. 107
If a juvenile arson offender, parent, guardian, or custodian is 108
unable to read, the juvenile court, official, or official's 109
designee shall inform the juvenile arson offender and parent, 110
guardian, or custodian of the juvenile arson offender's duties as 111
set forth in the notice and shall certify on the form that the 112
juvenile court, official, or official's designee informed the 113
juvenile arson offender and the parent, guardian, or custodian of 114
the juvenile arson offender's duties and that the juvenile arson 115
offender and the parent, guardian, or custodian indicated an 116
understanding of those duties.117

       (C) The attorney general shall prescribe the notice and the 118
form provided under division (B) of this section. The notice shall 119
include notice of the arson offender's or juvenile arson 120
offender's duties to reregister annually.121

       (D) The person providing the notice under division (B) of 122
this section shall provide a copy of the notice and signed form to 123
the arson offender or the juvenile arson offender's parent, 124
guardian, or custodian. The person providing the notice also shall 125
provide a copy of the signed form to the attorney general in 126
accordance with rules adopted by the attorney general pursuant to 127
Chapter 119. of the Revised Code.128

       Sec. 2909.15.  (A) Each arson offender and juvenile arson 129
offender who has received notice pursuant to section 2909.14 of 130
the Revised Code shall register personally with the attorney 131
general or the attorney general's designee within the following 132
time periods:133

       (1) An arson offender who receives notice under division 134
(A)(1) of section 2909.14 of the Revised Code shall register 135
within ten days after the arson offender is released from a jail, 136
workhouse, state correctional institution, or other institution, 137
unless the arson offender is being transferred to the custody of 138
another jail, workhouse, state correctional institution, or other 139
institution. The arson offender is not required to register with 140
the attorney general prior to release.141

       (2) An arson offender who receives notice under division 142
(A)(2) of section 2909.14 of the Revised Code shall register 143
within ten days after the sentencing hearing.144

       (3) A juvenile arson offender who receives notice under 145
division (A)(3) of section 2909.14 of the Revised Code shall 146
register within ten days after the juvenile arson offender's 147
release from a secure correctional facility, unless the juvenile 148
arson offender is being transferred to the custody of another 149
secure correctional facility. If the juvenile arson offender has 150
been transferred to a jail, workhouse, state correctional 151
institution, or other institution after the juvenile court's 152
original order of disposition, the juvenile arson offender shall 153
register within ten days after the juvenile arson offender's 154
release from the jail, workhouse, state correctional institution, 155
or other institution, unless the juvenile arson offender is being 156
transferred to the custody of another jail, workhouse, state 157
correctional institution, or other institution. The juvenile arson 158
offender is not required to register with the attorney general 159
prior to release.160

       (4) A juvenile arson offender who receives notice under 161
division (A)(4) of section 2909.14 of the Revised Code shall 162
register within ten days after the dispositional hearing.163

       (B) Any person who is convicted of, pleads guilty to, has 164
been convicted of, has pleaded guilty to, or is or has been 165
adjudicated a delinquent child for a violation of any existing or 166
former municipal ordinance or law of another state or the United 167
States, or any existing or former law applicable in a military 168
court or in an Indian tribal court, that is or was substantially 169
equivalent to a violation of section 2909.02 or 2909.03 of the 170
Revised Code shall register personally with the attorney general 171
or the attorney general's designee within ten days after residing 172
in or occupying a dwelling in this state for more than three 173
consecutive days and shall reregister annually under division (D) 174
of this section.175

       (C)(1) An arson offender or juvenile arson offender, or 176
person required to register as an arson offender or juvenile arson 177
offender pursuant to division (B) of this section, shall register 178
personally with the attorney general or the attorney general's 179
designee. The registrant shall provide all of the following 180
information and materials to the attorney general or attorney 181
general's designee:182

       (a) The arson offender's or juvenile arson offender's full 183
name and any alias used and the full name of the delinquent 184
child's parent, guardian, or custodian;185

       (b) The arson offender's or juvenile arson offender's 186
address;187

       (c) The arson offender's or juvenile arson offender's social 188
security number;189

       (d) Any driver's license number, commercial driver's license 190
number, or state identification card number issued to the arson 191
offender or juvenile arson offender by this or another state;192

       (e) The offense that the arson offender was convicted of or 193
pleaded guilty to or which comprised the acts that were the basis 194
for the juvenile arson offender's adjudication as a delinquent 195
child;196

       (f) The name and address of any place where the arson 197
offender or juvenile arson offender is employed;198

       (g) The name and address of any school or institution of 199
higher education that the arson offender or juvenile arson 200
offender is attending;201

       (h) The identification license plate number of each vehicle 202
owned or operated by the arson offender or juvenile arson offender 203
or registered in the arson offender's or juvenile arson offender's 204
name, the vehicle identification number of each vehicle, and a 205
description of each vehicle;206

       (i) A description of any scars, tattoos, or other 207
distinguishing marks on the arson offender or juvenile arson 208
offender;209

       (j) Any other information required by the attorney general.210

       (2) The arson offender or juvenile arson offender shall 211
provide fingerprints and palm prints at the time of registration. 212
The attorney general or the attorney general's designee shall 213
obtain a photograph of the arson offender or juvenile arson 214
offender at the time of registration.215

       (D)(1) Each arson offender or juvenile arson offender shall 216
reregister annually, in person, with the attorney general or the 217
attorney general's designee within ten days of the calendar date 218
on which the arson offender or juvenile arson offender initially 219
registered. The registrant shall amend any information required 220
under division (C) of this section that has changed since the 221
registrant's last registration and provide any additional 222
registration information required by the attorney general. The 223
attorney general or the attorney general's designee shall obtain a 224
new photograph of the arson offender or juvenile arson offender 225
annually when the offender reregisters.226

       (2)(a) Except as provided in division (D)(2)(b) of this 227
section, an arson offender's duty to reregister annually shall 228
continue until the arson offender's death.229

       (b) The judge may limit an arson offender's duty to 230
reregister at an arson offender's sentencing hearing to not less 231
than ten years if the judge receives a request from the prosecutor 232
and the investigating law enforcement agency to consider limiting 233
the arson offender's registration period.234

       (c) A juvenile arson offender shall reregister annually until 235
the juvenile arson offender is twenty-five years of age. If a 236
juvenile arson offender who is less than twenty-five years of age 237
is adjudicated delinquent for, convicted of, or pleads guilty to 238
another arson-related offense, the juvenile arson offender's duty 239
to reregister annually shall continue until the offender's death.240

       (3) The official in charge of a secure correctional facility, 241
jail, workhouse, state correctional institution, or other 242
institution shall notify the attorney general in accordance with 243
rules adopted by the attorney general pursuant to Chapter 119. of 244
the Revised Code if a registered arson offender or juvenile arson 245
offender is confined in the secure correctional facility, jail, 246
workhouse, state correctional institution, or other institution.247

       (E) The bureau of criminal identification and investigation 248
shall establish and maintain a registry of arson offenders and 249
juvenile arson offenders that includes the information and 250
materials obtained by the attorney general under divisions (C) and 251
(D) of this section. The bureau shall make the registry available 252
to the fire marshal's office, state and local law enforcement 253
officers, and firefighters through the Ohio law enforcement 254
gateway or its successor. The registry of arson offenders and 255
juvenile arson offenders maintained by the bureau is not a public 256
record under section 149.43 of the Revised Code.257

       (F) The attorney general shall collect a registration fee of 258
fifty dollars and an annual reregistration fee of twenty-five 259
dollars from each arson offender or juvenile arson offender. The 260
fees shall be used for the maintenance of the registry of arson 261
offenders and juvenile arson offenders. The attorney general may 262
waive a fee for an indigent arson offender or juvenile arson 263
offender.264

       (G) Whoever fails to register or reregister as required by 265
this section is guilty of a felony of the fifth degree. If the 266
violation occurs while the person is under eighteen years of age, 267
the person is subject to proceedings under Chapter 2152. of the 268
Revised Code based on the violation. If an arson offender or 269
juvenile arson offender is subject to a community control 270
sanction, is on parole, is subject to one or more post-release 271
control sanctions, or is subject to any other type of supervised 272
release at the time of the violation, the violation shall 273
constitute a violation of the terms and conditions of the 274
community control sanction, parole, post-release control sanction, 275
or other type of supervised released. If a juvenile arson 276
offender's failure occurs while the offender is less than eighteen 277
years of age, unless the child is emancipated as defined in 278
section 2919.121 of the Revised Code, the failure of the parent, 279
guardian, or custodian to ensure that the juvenile arson offender 280
registers with the attorney general as required under this section 281
is a violation of this section and may result in the prosecution 282
of the parent, guardian, or custodian for that violation.283