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| 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 or similar | 4 |
| places of public amusement if the person enters or | 5 |
| remains on the land or place of public amusement | 6 |
| to remediate it and knows or has reasonable cause | 7 |
| to believe that the land or place of public | 8 |
| amusement is in one of those categories; to | 9 |
| provide the property owner with immunity from | 10 |
| liability to a person who enters or remains on the | 11 |
| land or place of public amusement in those | 12 |
| circumstances subject to the statute governing | 13 |
| liability to trespassers; and to provide that a | 14 |
| person who enters or remains on the land or place | 15 |
| of public amusement in those circumstances is not | 16 |
| entitled to any reimbursement for any cost of the | 17 |
| remediation unless agreed to by the property | 18 |
| owner. | 19 |
| Section 1. That section 2911.21 be amended and section | 20 |
| 2305.117 of the Revised Code be enacted to read as follows: | 21 |
| Sec. 2305.117. (A) As used in this section: | 22 |
| (1) "Abandoned land" has the same meaning as in section | 23 |
| 323.65 of the Revised Code. | 24 |
| (2) "Cost or expense of remediation" means any cost or | 25 |
| expense associated with any effort to remediate any abandoned land | 26 |
| or place of public amusement that is abandoned land, including, | 27 |
| but not limited to, any cost or expense of any material, | 28 |
| equipment, product, or labor used in or otherwise associated with | 29 |
| the effort. | 30 |
| (3) "Place of public amusement" has the same meaning as in | 31 |
| section 2911.23 of the Revised Code. | 32 |
| (4) "Railroad" has the same meaning as in section 4907.02 of | 33 |
| the Revised Code. | 34 |
| (5) "Remediate" has the same meaning as in section 2911.21 of | 35 |
| the Revised Code. | 36 |
| (6) "Trespasser" means an individual who, without express or | 37 |
| implied authorization, invitation, or inducement, enters abandoned | 38 |
| land or a place of public amusement that is abandoned land purely | 39 |
| for the individual's own purposes and convenience. | 40 |
| (B) Subject to division (D) of this section, no owner of | 41 |
| abandoned land or a place of public amusement that is abandoned | 42 |
| land has a civil action, or may receive an award of damages in a | 43 |
| civil action, against another person for the other person | 44 |
| knowingly entering or remaining upon that land or place of public | 45 |
| amusement if the other person proves both of the following: | 46 |
| (1) The other person knowingly entered or remained on that | 47 |
| land or place of public amusement in order to remediate that land | 48 |
| or place of public amusement. | 49 |
| (2) Before entering upon that land or place of public | 50 |
| amusement, the other person knew, or after duly investigating the | 51 |
| matter had reasonable cause to believe, that the land was | 52 |
| abandoned land or that the place of public amusement was a place | 53 |
| of public amusement that was abandoned land. | 54 |
| (C) Notwithstanding division (B) of this section, any | 55 |
| individual who enters upon any land or place of public amusement | 56 |
| for the purposes described in division (B) of this section does | 57 |
| not have a right to possession of that land or place of public | 58 |
| amusement and any individual who remains on that land or place of | 59 |
| public amusement is subject to Chapter 1923. of the Revised Code. | 60 |
| (D) Division (B) of this section does not apply with respect | 61 |
| to any land that is owned by a railroad. | 62 |
| (E)(1) Subject to division (E)(2) of this section, no person | 63 |
| who is a trespasser and who enters or remains on any abandoned | 64 |
| land or a place of public amusement that is abandoned land in | 65 |
| order to remediate that land or place of public amusement has a | 66 |
| civil action, or may receive an award of damages in a civil | 67 |
| action, against the owner of that land or place of public | 68 |
| amusement. | 69 |
| (2) Division (E)(1) of this section does not apply with | 70 |
| respect to any injury, death, or loss to person or property of a | 71 |
| trespasser that occurred while the trespasser entered or remained | 72 |
| on any abandoned land or a place of public amusement that is | 73 |
| abandoned land to the extent that another section of the Revised | 74 |
| Code or the common law of this state provides for or governs civil | 75 |
| liability with respect to the injury, death, or loss. | 76 |
| (F)(1) Subject to division (F)(2) of this section, no person | 77 |
| who enters or remains on any abandoned land or place of public | 78 |
| amusement that is abandoned land in order to remediate that land | 79 |
| or place of public amusement has a civil action, or may receive an | 80 |
| award of damages in a civil action, against the owner of that land | 81 |
| or place of public amusement for reimbursement of any cost or | 82 |
| expense of remediation. | 83 |
| (2) Division (F)(1) of this section does not apply to a cost | 84 |
| or expense of remediation to the extent that the person who enters | 85 |
| on or remains on the land or place of public amusement has entered | 86 |
| into an agreement with the owner of the land or place of public | 87 |
| amusement for reimbursement of that cost or expense of | 88 |
| remediation. | 89 |
| Sec. 2911.21. (A) No person, without privilege to do so, | 90 |
| shall do any of the following: | 91 |
| (1) Knowingly enter or remain on the land or premises of | 92 |
| another; | 93 |
| (2) Knowingly enter or remain on the land or premises of | 94 |
| another, the use of which is lawfully restricted to certain | 95 |
| persons, purposes, modes, or hours, when the offender knows the | 96 |
| offender is in violation of any such restriction or is reckless in | 97 |
| that regard; | 98 |
| (3) Recklessly enter or remain on the land or premises of | 99 |
| another, as to which notice against unauthorized access or | 100 |
| presence is given by actual communication to the offender, or in a | 101 |
| manner prescribed by law, or by posting in a manner reasonably | 102 |
| calculated to come to the attention of potential intruders, or by | 103 |
| fencing or other enclosure manifestly designed to restrict access; | 104 |
| (4) Being on the land or premises of another, negligently | 105 |
| fail or refuse to leave upon being notified by signage posted in a | 106 |
| conspicuous place or otherwise being notified to do so by the | 107 |
| owner or occupant, or the agent or servant of either. | 108 |
| (B) It is no defense to a charge under this section that the | 109 |
| land or premises involved was owned, controlled, or in custody of | 110 |
| a public agency. | 111 |
| (C) It is no defense to a charge under this section that the | 112 |
| offender was authorized to enter or remain on the land or premises | 113 |
| involved, when such authorization was secured by deception. | 114 |
| (D)(1) Whoever violates this section is guilty of criminal | 115 |
| trespass, a misdemeanor of the fourth degree. | 116 |
| (2) Notwithstanding section 2929.28 of the Revised Code, if | 117 |
| the person, in committing the violation of this section, used a | 118 |
| snowmobile, off-highway motorcycle, or all-purpose vehicle, the | 119 |
| court shall impose a fine of two times the usual amount imposed | 120 |
| for the violation. | 121 |
| (3) If an offender previously has been convicted of or | 122 |
| pleaded guilty to two or more violations of this section or a | 123 |
| substantially equivalent municipal ordinance, and the offender, in | 124 |
| committing each violation, used a snowmobile, off-highway | 125 |
| motorcycle, or all-purpose vehicle, the court, in addition to or | 126 |
| independent of all other penalties imposed for the violation, may | 127 |
| impound the certificate of registration of that snowmobile or | 128 |
| off-highway motorcycle or the certificate of registration and | 129 |
| license plate of that all-purpose vehicle for not less than sixty | 130 |
| days. In such a case, section 4519.47 of the Revised Code applies. | 131 |
| (E) Notwithstanding any provision of the Revised Code, if the | 132 |
| offender, in committing the violation of this section, used an | 133 |
| all-purpose vehicle, the clerk of the court shall pay the fine | 134 |
| imposed pursuant to this section to the state recreational vehicle | 135 |
| fund created by section 4519.11 of the Revised Code. | 136 |
| (F) Subject to division (G) of this section, it is an | 137 |
| affirmative defense to a charge of a violation of this section | 138 |
| that the person charged knowingly entered or remained on abandoned | 139 |
| land or a place of public amusement that was abandoned land | 140 |
| without privilege to do so and that both of the following apply: | 141 |
| (1) The person knowingly entered or remained on that land or | 142 |
| place of public amusement for the sole purpose to remediate that | 143 |
| land or place of public amusement. | 144 |
| (2) Before entering upon that land or place of public | 145 |
| amusement, the person knew, or after duly investigating the matter | 146 |
| had reasonable cause to believe, that the land was abandoned land | 147 |
| or that the place of public amusement was a place of public | 148 |
| amusement that was abandoned land. | 149 |
| (G) Division (F) of this section does not apply with respect | 150 |
| to any land that is owned by a railroad. | 151 |
| (H) As used in this section: | 152 |
| (1) "All-purpose vehicle," "off-highway motorcycle," and | 153 |
| "snowmobile" have the same meanings as in section 4519.01 of the | 154 |
| Revised Code. | 155 |
| (2) "Land or premises" includes any land, building, | 156 |
| structure, or place belonging to, controlled by, or in custody of | 157 |
| another, and any separate enclosure or room, or portion thereof. | 158 |
| (3) "Abandoned land" has the same meaning as in section | 159 |
| 323.65 of the Revised Code. | 160 |
| (4) "Remediate" means to improve the landscaping, clean up | 161 |
| litter, or repair dilapidated conditions on abandoned land or a | 162 |
| place of public amusement that is abandoned land or to board up | 163 |
| windows and doors on any building or structure that is located on | 164 |
| the abandoned land or place of public amusement. Remediate does | 165 |
| not include any of the following: | 166 |
| (a) Any cosmetic improvement, including painting of any kind, | 167 |
| to any building or structure that is located on abandoned land or | 168 |
| a place of public amusement that is abandoned land; | 169 |
| (b) Any act or conduct that results in any additional damage | 170 |
| to abandoned land or a place of public amusement that is abandoned | 171 |
| land or to any building or structure that is located on any such | 172 |
| land or place. | 173 |
| (c) Any act or conduct that would require the individual | 174 |
| entering the abandoned land or the place of public amusement that | 175 |
| is abandoned land to enter into the interior of any building or | 176 |
| structure on that abandoned land or place of public amusement that | 177 |
| is abandoned land. | 178 |
| (5) "Place of public amusement" has the same meaning as in | 179 |
| section 2911.23 of the Revised Code. | 180 |
| (6) "Railroad" has the same meaning as in section 4907.02 of | 181 |
| the Revised Code. | 182 |
| Section 2. That existing section 2911.21 of the Revised Code | 183 |
| is hereby repealed. | 184 |