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S. B. No. 310 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Schuring, Cafaro, Kearney
A BILL
To amend sections 2961.01 and 2961.02 of the Revised
Code to make existing laws prohibiting a person
who has been convicted of a felony from holding
public office and denying such person other
specified privileges applicable upon the
determination of the person's guilt.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2961.01 and 2961.02 of the Revised
Code be amended to read as follows:
Sec. 2961.01.
(A) A person who is convicted of or pleads
guilty to a felony under the
laws of
this or any
other state or
the United States, unless the
conviction is
reversed or
annulled,
is incompetent to be an
elector or juror or to hold an
office of
honor, trust, or profit.
When any person convicted of a felony
under any law of that type
is granted
parole, judicial
release,
or
a conditional
pardon or is
released under a
non-jail community
control sanction
or a
post-release control
sanction, the person is
competent to be
an
elector during the period of
community control,
parole,
post-release
control, or release or until the
conditions
of the
pardon
have been performed
or have transpired and is
competent to
be an elector thereafter
following final discharge.
The
full
pardon of a person convicted of a felony restores the
rights and
privileges so
forfeited under this
division, but a
pardon shall
not release the person convicted of a felony from
the costs of
a
conviction in this state,
unless so specified.
(B)
A person who is convicted of or pleads guilty to a felony
under laws of this state
or any other state or the United States
is incompetent to
circulate or serve as a witness for the signing
of any declaration
of candidacy and petition, voter registration
application, or
nominating, initiative, referendum, or recall
petition.
(C) As used in this section:
(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2)
"Non-jail community control sanction" means a community
control sanction that is neither a term in a community-based
correctional facility nor a term in a jail.
(3)
"Post-release control" and
"post-release control
sanction"
have the same meanings as in section 2967.01 of the
Revised
Code.
Sec. 2961.02. (A) As used in this section:
(1) "Disqualifying offense" means an offense that has both of
the following characteristics:
(a) It is one of the following:
(i) A theft offense that is a felony;
(ii) A felony under the laws of this state,
another state, or
the
United States, that is not
covered by division
(A)(1)(a)(i)
of this section and that involves
fraud,
deceit, or theft.
(b) It is an offense for which the laws of this state,
another state, or the United States do not otherwise contain a
provision specifying permanent disqualification, or
disqualification for a specified period, from holding a public
office or position of public employment, or from serving as an
unpaid volunteer, as a result of conviction of the offense,
including, but not limited to, a provision such as that in
division (C)(1) of section 2921.41 of the Revised Code.
(2) "Political subdivision" has the same meaning as in
section 2744.01 of the Revised Code.
(3) "Private entity" includes an individual, corporation,
limited liability company, business trust, estate, trust,
partnership, or association that receives any funds from
a state
agency or political
subdivision to perform an activity on behalf
of the state agency
or political subdivision.
(4) "State agency" has the same meaning as in section 1.60
of
the Revised Code.
(5) "Theft offense" has the same meaning as in section
2913.01 of the Revised Code.
(6) "Volunteer" means a person who serves as a
volunteer
without compensation with a state agency or political
subdivision
or who serves as a volunteer without compensation with a private
entity, including, but not limited to, an
uncompensated auxiliary
police officer, auxiliary deputy sheriff,
or volunteer
firefighter.
(B) Any person who is convicted of or pleads guilty to a
disqualifying offense is
incompetent to hold a
public office or
position of public
employment
or to serve as a
volunteer, if
holding the public
office or position of public
employment or
serving as the
volunteer involves substantial
management or
control over the
property of a state agency,
political
subdivision, or private
entity.
(C) Division (B) of this section does not apply if a
conviction of a disqualifying offense is reversed, expunged, or
annulled.
The
full pardon of a person convicted of a disqualifying
offense
restores the privileges
forfeited under division (B) of
this
section, but the pardon does
not release the person from the
costs
of the person's conviction
in this state, unless so
specified.
Section 2. That existing sections 2961.01 and 2961.02 of the
Revised Code are hereby repealed.
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