As Reported by the House Judiciary and Ethics Committee

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


Senator Schaffer 

Cosponsors: Senators Hughes, Manning, Bacon, Balderson, Burke, Faber, Hite, Jones, Kearney, LaRose, Lehner, Oelslager, Patton, Peterson, Widener 

Representatives Bubp, Conditt 

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) "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 not 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

       Section 2.  Section 1 of this act shall take effect on 242
January 1, 2013.243