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| To enact sections 2909.13, 2909.14, and 2909.15 of | 1 |
| the Revised Code to establish a registry for arson | 2 |
| offenders. | 3 |
| 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) "Out-of-state arson offender" means a person who is | 36 |
| convicted of, pleads guilty to, has been convicted of, or has | 37 |
| pleaded guilty to a violation of any existing or former municipal | 38 |
| ordinance or law of another state or the United States, or any | 39 |
| existing or former law applicable in a military court or in an | 40 |
| Indian tribal court, that is or was substantially equivalent to a | 41 |
| violation of section 2909.02 or 2909.03 of the Revised Code. | 42 |
| (F) "Post-release control sanction" and "supervised release" | 43 |
| have the same meanings as in section 2950.01 of the Revised Code. | 44 |
| Sec. 2909.14. (A) Each arson offender shall be provided | 45 |
| notice of the arson offender's duty to register personally with | 46 |
| the sheriff of the county in which the arson offender resides or | 47 |
| that sheriff's designee. The following persons shall provide the | 48 |
| notice at the following times: | 49 |
| (1) On or after the effective date of this section, the | 50 |
| official in charge of a jail, workhouse, state correctional | 51 |
| institution, or other institution in which an arson offender is | 52 |
| serving a prison term, term of imprisonment, or other term of | 53 |
| confinement, or the official's designee, shall provide the notice | 54 |
| to the arson offender before the arson offender is released | 55 |
| pursuant to any type of supervised release or before the arson | 56 |
| offender is otherwise released from the prison term, term of | 57 |
| imprisonment, or other term of confinement. | 58 |
| (2) If an arson offender is sentenced on or after the | 59 |
| effective date of this section for an arson-related offense and | 60 |
| the judge does not sentence the arson offender to a prison term, | 61 |
| term of imprisonment, or other term of confinement in a jail, | 62 |
| workhouse, state correctional institution, or other institution | 63 |
| for that offense, the judge shall provide the notice to the arson | 64 |
| offender at the time of the arson offender's sentencing. | 65 |
| (B) The judge, official, or official's designee providing the | 66 |
| notice under divisions (A)(1) and (2) of this section shall | 67 |
| require the arson offender to read and sign a form stating that | 68 |
| the arson offender has received and understands the notice. If the | 69 |
| arson offender is unable to read, the judge, official, or | 70 |
| official's designee shall inform the arson offender of the arson | 71 |
| offender's duties as set forth in the notice and shall certify on | 72 |
| the form that the judge, official, or official's designee informed | 73 |
| the arson offender of the arson offender's duties and that the | 74 |
| arson offender indicated an understanding of those duties. | 75 |
| (C) The attorney general shall prescribe the notice and the | 76 |
| form provided under division (B) of this section. The notice shall | 77 |
| include notice of the arson offender's duties to reregister | 78 |
| annually. | 79 |
| (D) The person providing the notice under division (B) of | 80 |
| this section shall provide a copy of the notice and signed form to | 81 |
| the arson offender. The person providing the notice also shall | 82 |
| determine the county in which the arson offender intends to reside | 83 |
| and shall provide a copy of the signed form to the sheriff of that | 84 |
| county in accordance with rules adopted by the attorney general | 85 |
| pursuant to Chapter 119. of the Revised Code. | 86 |
| Sec. 2909.15. (A) Each arson offender who has received | 87 |
| notice pursuant to section 2909.14 of the Revised Code shall | 88 |
| register personally with the sheriff of the county in which the | 89 |
| arson offender resides or that sheriff's designee within the | 90 |
| following time periods: | 91 |
| (1) An arson offender who receives notice under division | 92 |
| (A)(1) of section 2909.14 of the Revised Code shall register | 93 |
| within ten days after the arson offender is released from a jail, | 94 |
| workhouse, state correctional institution, or other institution, | 95 |
| unless the arson offender is being transferred to the custody of | 96 |
| another jail, workhouse, state correctional institution, or other | 97 |
| institution. The arson offender is not required to register with | 98 |
| any sheriff or designee prior to release. | 99 |
| (2) An arson offender who receives notice under division | 100 |
| (A)(2) of section 2909.14 of the Revised Code shall register | 101 |
| within ten days after the sentencing hearing. | 102 |
| (B) Each out-of-state arson offender shall register | 103 |
| personally with the sheriff of the county in which the | 104 |
| out-of-state arson offender resides or that sheriff's designee | 105 |
| within ten days after residing in or occupying a dwelling in this | 106 |
| state for more than three consecutive days. | 107 |
| (C)(1) An arson offender or out-of-state arson offender shall | 108 |
| register personally with the sheriff of the county in which the | 109 |
| offender resides or that sheriff's designee. The registrant shall | 110 |
| obtain from the sheriff or designee a copy of a registration form | 111 |
| prescribed by the attorney general that conforms to division | 112 |
| (C)(2) of this section, shall complete and sign the form, and | 113 |
| shall return to the sheriff or designee the completed and signed | 114 |
| form together with the identification records required under | 115 |
| division (C)(3) of this section. | 116 |
| (2) The registration form to be used under division (C)(1) of | 117 |
| this section shall include or contain all of the following for the | 118 |
| arson offender or out-of-state arson offender who is registering: | 119 |
| (a) The arson offender's or out-of-state arson offender's | 120 |
| full name and any alias used; | 121 |
| (b) The arson offender's or out-of-state arson offender's | 122 |
| residence address; | 123 |
| (c) The arson offender's or out-of-state arson offender's | 124 |
| social security number; | 125 |
| (d) Any driver's license number, commercial driver's license | 126 |
| number, or state identification card number issued to the arson | 127 |
| offender or out-of-state arson offender by this or another state; | 128 |
| (e) The offense that the arson offender or out-of-state arson | 129 |
| offender was convicted of or pleaded guilty to; | 130 |
| (f) The name and address of any place where the arson | 131 |
| offender or out-of-state arson offender is employed; | 132 |
| (g) The name and address of any school or institution of | 133 |
| higher education that the arson offender or out-of-state arson | 134 |
| offender is attending; | 135 |
| (h) The identification license plate number of each vehicle | 136 |
| owned or operated by the arson offender or out-of-state arson | 137 |
| offender or registered in the arson offender's or out-of-state | 138 |
| arson offender's name, the vehicle identification number of each | 139 |
| vehicle, and a description of each vehicle; | 140 |
| (i) A description of any scars, tattoos, or other | 141 |
| distinguishing marks on the arson offender or out-of-state arson | 142 |
| offender; | 143 |
| (j) Any other information required by the attorney general. | 144 |
| (3) The arson offender or out-of-state arson offender shall | 145 |
| provide fingerprints and palm prints at the time of registration. | 146 |
| The sheriff or sheriff's designee shall obtain a photograph of the | 147 |
| arson offender or out-of-state arson offender at the time of | 148 |
| registration. | 149 |
| (D)(1) Each arson offender or out-of-state arson offender | 150 |
| shall reregister annually, in person, with the sheriff of the | 151 |
| county in which the offender resides or that sheriff's designee | 152 |
| within ten days of the anniversary of the calendar date on which | 153 |
| the offender initially registered. The registrant shall reregister | 154 |
| by completing, signing, and returning to the sheriff or designee a | 155 |
| copy of the registration form prescribed by the attorney general | 156 |
| and described in divisions (C)(1) and (2) of this section, | 157 |
| amending any information required under division (C) of this | 158 |
| section that has changed since the registrant's last registration, | 159 |
| and providing any additional registration information required by | 160 |
| the attorney general. The sheriff or designee with whom the arson | 161 |
| offender or out-of-state arson offender reregisters shall obtain a | 162 |
| new photograph of the offender annually when the offender | 163 |
| reregisters. Additionally, if the arson offender's or out-of-state | 164 |
| arson offender's most recent registration or reregistration was | 165 |
| with a sheriff or designee of a sheriff of a different county, the | 166 |
| offender shall provide written notice of the offender's change of | 167 |
| residence address to that sheriff or a designee of that sheriff. | 168 |
| (2)(a) Except as provided in division (D)(2)(b) of this | 169 |
| section, the duty of an arson offender or out-of-state arson | 170 |
| offender to reregister annually shall continue until the | 171 |
| offender's death. | 172 |
| (b) The judge may limit an arson offender's duty to | 173 |
| reregister at an arson offender's sentencing hearing to not less | 174 |
| than ten years if the judge receives a request from the prosecutor | 175 |
| and the investigating law enforcement agency to consider limiting | 176 |
| the arson offender's registration period. | 177 |
| (3) The official in charge of a jail, workhouse, state | 178 |
| correctional institution, or other institution shall notify the | 179 |
| attorney general in accordance with rules adopted by the attorney | 180 |
| general pursuant to Chapter 119. of the Revised Code if a | 181 |
| registered arson offender or out-of-state arson offender is | 182 |
| confined in the jail, workhouse, state correctional institution, | 183 |
| or other institution. | 184 |
| (E)(1) After an arson offender or out-of-state arson offender | 185 |
| registers or reregisters with a sheriff or a sheriff's designee | 186 |
| pursuant to this section, the sheriff or designee shall forward | 187 |
| the offender's signed, written registration form, photograph, | 188 |
| fingerprints, palm prints, and other materials to the bureau of | 189 |
| criminal identification and investigation in accordance with | 190 |
| forwarding procedures adopted by the attorney general under | 191 |
| division (G) of this section. The bureau shall include the | 192 |
| information and materials forwarded to it under this division in | 193 |
| the registry of arson offenders and out-of-state arson offenders | 194 |
| established and maintained under division (E)(2) of this section. | 195 |
| (2) The bureau of criminal identification and investigation | 196 |
| shall establish and maintain a registry of arson offenders and | 197 |
| out-of-state arson offenders that includes the information and | 198 |
| materials the bureau receives pursuant to division (D)(1) of this | 199 |
| section. The bureau shall make the registry available to the fire | 200 |
| marshal's office, to state and local law enforcement officers, and | 201 |
| to any firefighter who is authorized by the chief of the agency | 202 |
| the firefighter serves to review the record through the Ohio law | 203 |
| enforcement gateway or its successor. The registry of arson | 204 |
| offenders and out-of-state arson offenders maintained by the | 205 |
| bureau is a public record under section 149.43 of the Revised | 206 |
| Code. | 207 |
| (F) Each sheriff or sheriff's designee with whom an arson | 208 |
| offender or out-of-state arson offender registers or reregisters | 209 |
| under this section shall collect a registration fee of fifty | 210 |
| dollars and an annual reregistration fee of twenty-five dollars | 211 |
| from each arson offender or out-of-state arson offender who | 212 |
| registers or reregisters with the sheriff or designee. By the last | 213 |
| day of March, the last day of June, the last day of September, and | 214 |
| the last day of December in each year, each sheriff who collects | 215 |
| or whose designee collects any fees under this division in the | 216 |
| preceding three-month period shall send to the attorney general | 217 |
| the fees collected during that period. The fees shall be used for | 218 |
| the maintenance of the registry of arson offenders and | 219 |
| out-of-state arson offenders. A sheriff or designee may waive a | 220 |
| fee for an indigent arson offender or out-of-state arson offender. | 221 |
| (G) The attorney general shall prescribe the forms to be used | 222 |
| by arson offenders and out-of-state arson offenders to register, | 223 |
| reregister, and provide notice of a change of residence address | 224 |
| under divisions (A) to (D) of this section. The attorney general | 225 |
| shall adopt procedures for sheriffs to use to forward information, | 226 |
| photographs, fingerprints, palm prints, and other materials to the | 227 |
| bureau of criminal identification and investigation pursuant to | 228 |
| division (E)(1) of this section. | 229 |
| (H) Whoever fails to register or reregister as required by | 230 |
| this section is guilty of a felony of the fifth degree. If the | 231 |
| violation occurs while the person is under eighteen years of age, | 232 |
| the person is subject to proceedings under Chapter 2152. of the | 233 |
| Revised Code based on the violation. If an arson offender or | 234 |
| out-of-state arson offender is subject to a community control | 235 |
| sanction, is on parole, is subject to one or more post-release | 236 |
| control sanctions, or is subject to any other type of supervised | 237 |
| release at the time of the violation, the violation shall | 238 |
| constitute a violation of the terms and conditions of the | 239 |
| community control sanction, parole, post-release control sanction, | 240 |
| or other type of supervised released. | 241 |