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H. B. No. 13 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Garrison, Harris
Cosponsors:
Representatives Yuko, Newcomb, Hagan, Murray, Phillips, Williams, B., DeBose, Bolon, Okey, Luckie, Fende, Lundy, Williams, S., Heard, Chandler
A BILL
To amend section 2950.99 and to enact section
2950.035 of the Revised Code to prohibit Tier III
sex offender/child victim offenders who have
committed specified offenses against a victim
under 16 years of age from knowingly being present
on school premises or preschool or child day-care
center
premises.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2950.99 be amended and
section
2950.035 of the Revised Code be enacted to read as
follows:
Sec. 2950.035. (A) No person who is eighteen years of age or
older, who is convicted of, pleads guilty to, has been convicted
of, or has pleaded guilty to any sexually oriented offense listed
in division (G)(1)(a), (c), (d), or (e) of section 2950.01 of the
Revised Code, whose victim was under sixteen years of age at the
time of the commission of that offense, and who is classified a
tier III sex offender/child-victim offender relative to that
offense shall knowingly be present on school premises or preschool
or child day-care center premises.
(B) No person who is eighteen years of age or older, who is
convicted of, pleads guilty to, has been convicted of, or has
pleaded guilty to a violation of division (B) of section 2907.05
of the Revised Code, and who is classified a tier III sex
offender/child-victim offender relative to that offense, shall
knowingly be present on school premises or preschool or child
day-care center premises.
(C) As used in this section, "preschool or child day-care
center premises" has the same meaning as in section 2950.034 of
the Revised Code.
Sec. 2950.99.
(A)(1)(a) Except as otherwise provided in
division (A)(1)(b) of this section, whoever violates a prohibition
in section
2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised
Code shall be punished as follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a
felony of the first, second,
third, or fourth degree if
committed by an adult or a comparable
category of offense
committed in another jurisdiction, the
offender is guilty of a
felony of the same degree as the most
serious sexually
oriented offense or child-victim oriented
offense that was the
basis of the registration, notice of intent
to reside, change of
address, or address verification requirement
that was violated
under the prohibition, or, if the most serious
sexually oriented
offense or child-victim oriented offense that
was the basis of the
registration, notice of intent to reside,
change of address, or
address verification requirement that was
violated under the
prohibition is a comparable category of
offense committed in
another jurisdiction, the offender is guilty
of a felony of the
same degree as that offense committed in the
other jurisdiction
would constitute if committed in this state.
(iii) If the most serious sexually oriented
offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fifth
degree or
a misdemeanor
if committed by an
adult or a comparable
category
of offense committed in another jurisdiction, the offender is
guilty
of a felony of the fourth degree.
(b) If the offender previously has been convicted of or
pleaded guilty to, or previously has been adjudicated a delinquent
child for committing, a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,
whoever violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code shall be punished as
follows:
(i) If the most serious sexually oriented offense that was
the basis of the registration, notice of intent to reside, change
of address notification, or address verification requirement that
was violated under the prohibition is aggravated murder or murder
if committed by an adult or a comparable category of offense
committed in another jurisdiction, the offender is guilty of a
felony of the first degree.
(ii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a
felony of the first, second,
or third degree if
committed by an adult or a comparable category
of offense
committed in another jurisdiction, the offender is
guilty of a
felony of the same degree as the most serious
sexually
oriented offense or child-victim oriented offense that
was the
basis of the registration, notice of intent to reside,
change of
address, or address verification requirement that was
violated
under the prohibition, or, if the most serious sexually
oriented
offense or child-victim oriented offense that was the
basis of the
registration, notice of intent to reside, change of
address, or
address verification requirement that was violated
under the
prohibition is a comparable category of offense
committed in
another jurisdiction, the offender is guilty of a
felony of the
same degree as that offense committed in the other
jurisdiction
would constitute if committed in this state.
(iii) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth
degree if committed by an adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty
of a felony of the third degree.
(iv) If the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the
registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a misdemeanor if committed by an
adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the fourth
degree.
(2)(a) In addition to
any penalty
or sanction imposed under
division (A)(1) of this section or any other provision of law for
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code, if the
offender
or
delinquent child is
subject to a community control sanction, is on
parole, is subject to
one or
more
post-release
control sanctions,
or is subject to any other
type
of supervised
release at the time
of the violation, the
violation shall
constitute a violation of
the terms and
conditions
of the
community control sanction,
parole, post-release control
sanction, or other
type of supervised
release.
(b) In addition to any penalty or sanction imposed under
division (A)(1)(b)(i), (ii), or (iii) of this section or any other
provision of law for a violation of a prohibition in section
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender previously has been convicted of or pleaded guilty to, or
previously has been adjudicated a delinquent child for committing,
a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code when the most serious
sexually oriented offense or child-victim oriented offense that
was the basis of the requirement that was violated under the
prohibition is a felony if committed by an adult or a comparable
category of offense committed in another jurisdiction, the court
imposing a sentence upon the offender shall impose a definite
prison term of no less than three years. The definite prison term
imposed under this section is not restricted by division (B) of
section 2929.14 of the Revised Code and shall not be reduced to
less than three years pursuant to Chapter 2967. or any other
provision of the Revised Code.
(3) As used in division (A)(1) of this section, "comparable
category of offense committed in another jurisdiction" means a
sexually oriented offense or child-victim oriented offense that
was the basis of the registration, notice of intent to reside,
change of address notification, or address verification
requirement that was violated, that is a violation of an existing
or former law of another state or the United States, an existing
or former law applicable in a military court or in an Indian
tribal court, or an existing or former law of any nation other
than the United States, and that, if it had been committed in this
state, would constitute or would have constituted aggravated
murder or murder for purposes of division (A)(1)(a)(i) of this
section, a felony of the first, second, third, or fourth
degree
for purposes of division (A)(1)(a)(ii) of this section,
a felony
of the fifth degree or a misdemeanor for
purposes of division
(A)(1)(a)(iii) of this section,
aggravated murder or murder for
purposes of division (A)(1)(b)(i)
of this section, a felony of
the first, second, or third degree for purposes of division
(A)(1)(b)(ii) of this
section, a felony of the fourth or fifth
degree for purposes of
division (A)(1)(b)(iii) of this section,
or a misdemeanor for purposes of division (A)(1)(b)(iv) of this
section.
(B) If a person violates a prohibition in section 2950.04,
2950.041,
2950.05, or 2950.06 of the Revised Code that applies to
the person
as a result of the person being adjudicated a
delinquent child and
being classified a juvenile offender
registrant or an
out-of-state juvenile offender registrant,
both
of the
following apply:
(1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
(C) Whoever violates division (C) of section 2950.13 of the
Revised Code is guilty of a misdemeanor of the first degree.
(D) Whoever violates section 2950.035 of the Revised Code is
guilty of a felony of the fifth degree.
Section 2. That existing section 2950.99 of the Revised Code
is hereby repealed.
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