130th Ohio General Assembly
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S. B. No. 310  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 310


Senator Cates 

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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