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H. B. No. 473As Passed by the House
As Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Hagan, Seitz, Latta, Hughes, Widowfield, McGregor, Slaby, Carano, Collier, DeGeeter, Willamowski, Buehrer, Cirelli, C. Evans, D. Evans, Faber, Fessler, Flowers, Otterman, Schaffer, Webster, Young
A BILLTo amend section 2950.05 of the Revised Code to revise the Sex Offender Registration and Notification Law's "change of address" requirements relative to persons who do not have knowledge of a change in residence, school, institution of higher education, or place of employment address sufficiently in advance of the change to comply with the requirements' deadlines and persons whose residence address change is not to a fixed address. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2950.05 of the Revised Code be amended to read as follows:
Sec. 2950.05. (A) If an offender
or delinquent child is
required to
register
pursuant to section 2950.04 or 2950.041 of the Revised
Code, the offender
or delinquent
child,
at least
twenty days
prior
to
changing the offender's
or delinquent child's residence
address, or the offender, at least twenty days prior to changing the address of the offender's school or institution of higher education and not later than five days after changing the address of the offender's place of employment,
during
the period during which the
offender
or delinquent
child is
required to register, shall provide
written
notice of the
residence, school, institution of higher education, or place of employment address change, as applicable, to the sheriff
with whom the offender
or
delinquent child most recently registered the address
under section 2950.04 or 2950.041 of
the
Revised Code or under division (B) of this section. If a residence address change is not to a fixed address, the offender or delinquent child shall include in that notice a detailed description of the place or places at which the offender or delinquent child intends to stay and, not later than the end of the first business day immediately following the day on which the person obtains a fixed residence address, shall provide that sheriff written notice of that fixed residence address. If a person whose residence address change is not to a fixed address describes in a notice under this division the place or places at which the person intends to stay, for purposes of divisions (C) to (H) of this section, sections 2950.06 to 2950.13 of the Revised Code, and sections 311.171 and 2919.24 of the Revised Code, the place or places so described in the notice shall be considered the person's residence address and registered residence address, until the person provides the written notice of a fixed residence address as described in this division. (B) If an offender
is required to
provide notice of a residence, school, institution of higher education, or place of employment address change under division
(A) of
this section, or a delinquent child is required to provide notice of a residence address change under that division, the offender
or delinquent child, at least
twenty
days prior to
changing the residence, school, or institution of higher education address and not later than five days after changing the place of employment address, as applicable, also shall
register
the new address in the manner described in
divisions (B)
and (C) of section 2950.04 or 2950.041 of the
Revised Code, whichever is applicable, with
the sheriff of
the county in
which the offender's
or delinquent
child's new
address is
located, subject to division (C)
of this
section. If a residence address change is not to a fixed address, the offender or delinquent child shall include in the registration a detailed description of the place or places at which the offender or delinquent child intends to stay and, not later than the end of the first business day immediately following the day on which the person obtains a fixed residence address, shall register with that sheriff that fixed residence address. If a person whose residence address change is not to a fixed address describes in a registration under this division the place or places at which the person intends to stay, for purposes of divisions (C) to (H) of this section, sections 2950.06 to 2950.13 of the Revised Code, and sections 311.171 and 2919.24 of the Revised Code, the place or places so described in the registration shall be considered the person's residence address and registered residence address, until the person registers a fixed residence address as described in this division. (C) Divisions (A) and (B) of this section apply
to a person
who is required to register pursuant to
section 2950.04 or 2950.041 of the
Revised Code regardless of whether the new residence, school, institution of higher education, or place of employment
address is in
this state or in another state. If the new address is
in another state, the person shall register with the appropriate
law
enforcement officials in that state in the manner required
under the law of
that state and within the earlier of the period
of time required under the law
of that state or at least seven
days prior to changing the address. (D)(1) Upon receiving from an offender
or delinquent child
pursuant to
division
(A) of this section notice of a change of the
offender's
residence, school, institution of higher education, or place of employment address or the delinquent child's residence address, a sheriff
promptly
shall
forward the new address to the bureau of
criminal
identification and investigation in accordance with the
forwarding procedures
adopted pursuant to section 2950.13 of the
Revised Code
if the new address is in another state or,
if the new
address is
located in another county in this state, to the sheriff
of that
county. The bureau
shall include all information forwarded to it
under this division in the state
registry of sex offenders and child-victim offenders
established and maintained under section 2950.13 of
the Revised
Code and shall forward
notice of the offender's
or delinquent
child's new residence, school, institution of higher education, or place of employment address, as applicable, to
the appropriate officials in the
other state. (2) When an offender
registers a new
residence, school, institution of higher education, or place of employment
address or a delinquent child registers a new residence address pursuant to
division (B) of this section, the
sheriff with whom the offender
or delinquent child registers and
the bureau of criminal
identification and investigation shall
comply with division
(D) of section 2950.04 or 2950.041 of the Revised Code, whichever is applicable. (E)(1) No person who is required to notify a sheriff of a
change
of address pursuant to division (A) of this section shall
fail to
notify the appropriate sheriff in accordance with that
division. (2) No person who is required to register a new residence, school, institution of higher education, or place of employment
address with a
sheriff or with an official of another state
pursuant to divisions (B) and (C) of this section shall fail to
register
with the appropriate sheriff or official of the other
state in accordance with those divisions. (F)(1) It is an affirmative defense to a charge of a violation of division (E)(1) of this section that it was impossible for the person to provide the written notice to the sheriff as required under division (A) of this section because of a lack of knowledge, on the date specified for the provision of the written notice, of a residence, school, institution of higher education, or place of employment address change, and that the person provided notice of the residence, school, institution of higher education, or place of employment address change to the sheriff specified in division (A) of this section as soon as possible after learning of the address change by doing either of the following: (a) The person provided notice of the address change to the sheriff specified in division (A) of this section by telephone immediately upon learning of the address change or, if the person did not have reasonable access to a telephone at that time, as soon as possible after learning of the address change and having reasonable access to a telephone, and the person, as soon as possible after providing notice of the address change to the sheriff by telephone, provided written notice of the address change to that sheriff.
(b) The person, as soon as possible after learning of the address change, provided written notice of the address change to the sheriff specified in division (A) of this section.
(2) It is an affirmative defense to a charge of a violation of division (E)(2) of this section that it was impossible for the person to register the new address with the sheriff or the official of the other state as required under division (B) or (C) of this section because of a lack of knowledge, on the date specified for the registration of the new address, of a residence, school, institution of higher education, or place of employment address change, and that the person registered the new residence, school, institution of higher education, or place of employment address with the sheriff or the official of the other state specified in division (B) or (C) of this section as soon as possible after learning of the address change by doing either of the following:
(a) The person provided notice of the new address to the sheriff or official specified in division (B) or (C) of this section by telephone immediately upon learning of the new address or, if the person did not have reasonable access to a telephone at that time, as soon as possible after learning of the new address and having reasonable access to a telephone, and the person, as soon as possible after providing notice of the new address to the sheriff or official by telephone, registered the new address with that sheriff or official in accordance with division (B) or (C) of this section.
(b) The person, as soon as possible after learning of the new address, registered the new address with the sheriff or official specified in division (B) or (C) of this section, in accordance with that division.
(G) An offender
or delinquent child who is required to
comply with
divisions (A), (B), and (C) of this section shall
do
so for the period of time specified in section 2950.07 of the
Revised Code. (H) As used in this section, and in all other sections of the Revised Code that refer to the duties imposed on an offender or delinquent child under this section relative to a change in the offender's or delinquent child's residence, school, institution of higher education, or place of employment address, "change in address" includes any circumstance in which the old address for the person in question no longer is accurate, regardless of whether the person in question has a new address.
Section 2. That existing section 2950.05 of the Revised Code is hereby repealed.
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