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S. B. No. 299 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Brown, Eklund, Schaffer
A BILL
To amend section 2953.31 of the Revised Code to
define "final discharge" for purposes of the law
governing the sealing of criminal records when
used in connection with an offender who was
convicted of an offense involving misconduct in
public office.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2953.31 of the Revised Code be
amended to read as follows:
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the
Revised Code:
(A) "First offender" means anyone who has been convicted of
an offense in this state or any other jurisdiction and who
previously or subsequently has not been convicted of the same or a
different offense in this state or any other jurisdiction. When
two or more convictions result from or are connected with the same
act or result from offenses committed at the same time, they shall
be counted as one conviction. When two or three convictions result
from the same indictment, information, or complaint, from the same
plea of guilty, or from the same official proceeding, and result
from related criminal acts that were committed within a
three-month period but do not result from the same act or from
offenses committed at the same time, they shall be counted as one
conviction, provided that a court may decide as provided in
division (C)(1)(a) of section 2953.32 of the Revised Code that it
is not in the public interest for the two or three convictions to
be counted as one conviction.
For purposes of, and except as otherwise provided in, this
division, a conviction for a minor misdemeanor, for a violation of
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the
Revised Code, or for a violation of a municipal ordinance that is
substantially similar to any section in those chapters is not a
previous or subsequent conviction. However, a conviction for a
violation of section 4511.19, 4511.251, 4549.02, 4549.021,
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of
the Revised Code, for a violation of section 4510.11 or 4510.14 of
the Revised Code that is based upon the offender's operation of a
vehicle during a suspension imposed under section 4511.191 or
4511.196 of the Revised Code, for a violation of a substantially
equivalent municipal ordinance, for a felony violation of Title
XLV of the Revised Code, or for a violation of a substantially
equivalent former law of this state or former municipal ordinance
shall be considered a previous or subsequent conviction.
(B) "Prosecutor" means the county prosecuting attorney, city
director of law, village solicitor, or similar chief legal
officer, who has the authority to prosecute a criminal case in the
court in which the case is filed.
(C) "Bail forfeiture" means the forfeiture of bail by a
defendant who is arrested for the commission of a misdemeanor,
other than a defendant in a traffic case as defined in Traffic
Rule 2, if the forfeiture is pursuant to an agreement with the
court and prosecutor in the case.
(D) "Official records" has the same meaning as in division
(D) of section 2953.51 of the Revised Code.
(E) "Official proceeding" has the same meaning as in section
2921.01 of the Revised Code.
(F) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(G) "Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.
(H) "DNA database," "DNA record," and "law enforcement
agency" have the same meanings as in section 109.573 of the
Revised Code.
(I) "Fingerprints filed for record" means any fingerprints
obtained by the superintendent of the bureau of criminal
identification and investigation pursuant to sections 109.57 and
109.571 of the Revised Code.
(J) "Final discharge," when used in connection with an
offender who was convicted of a violation of section 2921.43 of
the Revised Code or any other offense involving misconduct in
public office, means a release from all obligations and
satisfaction of all conditions imposed by the sentencing, agreed
to by the offender at sentencing, or imposed by statute as a
consequence of the offense.
Section 2. That existing section 2953.31 of the Revised Code
is hereby repealed.
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