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S. B. No. 68 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Stewart, Hughes, Beagle, Manning
A BILL
To amend sections 2950.02, 2950.034, and 2950.04 of
the Revised Code to specify that the restriction
against offenders convicted of a sexually oriented
offense or child-victim oriented offense
establishing or occupying a residence near school,
preschool, or child day-care premises generally
applies regardless of when the offense was
committed or the offender began living in the
residence, to provide an exemption from the ban
for offenders who occupy residential premises they
or their spouse own at the time of occupancy and
also owned prior to the ban's effective date, and
to specify that a registration requirement for
children adjudicated delinquent for a sexually
oriented offense and classified a juvenile
offender registrant applies regardless of when the
offense was committed.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2950.02, 2950.034, and 2950.04 of
the Revised Code be amended to read as follows:
Sec. 2950.02. (A) The general assembly hereby determines and
declares that it recognizes and finds all of the following:
(1) If the public is provided adequate notice and information
about offenders and delinquent children who commit sexually
oriented offenses or who commit child-victim oriented offenses,
members of the public and communities can develop constructive
plans to prepare themselves and their children for the offender's
or delinquent child's release from imprisonment, a prison term, or
other confinement or detention. This allows members of the public
and communities to meet with members of law enforcement agencies
to prepare and obtain information about the rights and
responsibilities of the public and the communities and to provide
education and counseling to their children.
(2) Sex offenders and child-victim offenders pose a risk of
engaging in further sexually abusive behavior even after being
released from imprisonment, a prison term, or other confinement or
detention, and protection of members of the public from sex
offenders and child-victim offenders is a paramount governmental
interest.
(3) The penal, juvenile, and mental health components of the
justice system of this state are largely hidden from public view,
and a lack of information from any component may result in the
failure of the system to satisfy this paramount governmental
interest of public safety described in division (A)(2) of this
section.
(4) Overly restrictive confidentiality and liability laws
governing the release of information about sex offenders and
child-victim offenders have reduced the willingness to release
information that could be appropriately released under the public
disclosure laws and have increased risks of public safety.
(5) A person who is found to be a sex offender or a
child-victim offender has a reduced expectation of privacy because
of the public's interest in public safety and in the effective
operation of government.
(6) The release of information about sex offenders and
child-victim offenders to public agencies and the general public
will further the governmental interests of public safety and
public scrutiny of the criminal, juvenile, and mental health
systems as long as the information released is rationally related
to the furtherance of those goals.
(B) The general assembly hereby declares that, in providing
in this chapter for registration regarding offenders and certain
delinquent children who have committed sexually oriented offenses
or who have committed child-victim oriented offenses, for a
limited restriction on the locales at which offenders who have
committed any such offenses may reside, and for community
notification regarding tier III sex offenders/child-victim
offenders who are criminal offenders, public registry-qualified
juvenile offender registrants, and certain other juvenile offender
registrants who are about to be or have been released from
imprisonment, a prison term, or other confinement or detention and
who will live in or near a particular neighborhood or who
otherwise will live in or near a particular neighborhood, it is
the general assembly's intent to protect the safety and general
welfare of the people of this state. The general assembly further
declares that it is the policy of this state to require the
exchange in accordance with this chapter of relevant information
about sex offenders and child-victim offenders among public
agencies and officials and, to authorize the release in accordance
with this chapter of necessary and relevant information about sex
offenders and child-victim offenders to members of the general
public as a means of assuring public protection, and to provide a
limited residency restriction and other safeguards under this
chapter from the potential acts of sex offenders and child-victim
offenders, and that the exchange or release of that information
is, and the residency restriction and other safeguards, are not
punitive.
Sec. 2950.034. (A) No Regardless of whether the person
committed the offense prior to, on, or after the effective date of
this amendment, no person who has been convicted of, is convicted
of, has pleaded guilty to, or pleads guilty to a sexually
oriented offense or a child-victim oriented offense shall
establish do any of the following:
(1) Establish a residence or occupy residential premises
within one thousand feet of any school premises or, provided that
this prohibition does not apply to a person who establishes a
residence by occupying residential premises within one thousand
feet of school premises if the person or the person's spouse is
the owner of record of those residential premises at the time of
the occupancy and also was the owner of record of those
residential premises prior to July 31, 2003;
(2) Establish a residence within one thousand feet of any
preschool or child day-care center premises, provided that this
prohibition does not apply to a person who establishes a residence
by occupying residential premises within one thousand feet of
preschool or child day-care center premises if the person or the
person's spouse is the owner of record of those residential
premises at the time of the occupancy and also was the owner of
record of those residential premises prior to July 1, 2007;
(3) Regardless of whether the occupancy began prior to, on,
or after the effective date of this amendment, occupy residential
premises within one thousand feet of any school premises, provided
that this prohibition does not apply to a person who occupies
residential premises within one thousand feet of school premises
if the person or the person's spouse is the owner of record of
those residential premises at the time of the occupancy and also
was the owner of record of those residential premises prior to
July 31, 2003;
(4) Regardless of whether the occupancy began prior to, on,
or after the effective date of this amendment, occupy residential
premises within one thousand feet of any preschool or child
day-care center premises, provided that this prohibition does not
apply to a person who occupies residential premises within one
thousand feet of preschool or child day-care center premises if
the person or the person's spouse is the owner of record of those
residential premises at the time of the occupancy and also was the
owner of record of those residential premises prior to July 1,
2007.
(B) If a person to whom division (A) of this section applies
violates division (A) of this section by establishing a residence
or occupying residential premises within one thousand feet of any
school premises or any preschool or child day-care center
premises, an owner or lessee of real property that is located
within one thousand feet of those school premises or preschool or
child day-care center premises, or the prosecuting attorney,
village solicitor, city or township director of law, similar chief
legal officer of a municipal corporation or township, or official
designated as a prosecutor in a municipal corporation that has
jurisdiction over the place at which the person establishes the
residence or occupies the residential premises in question, has a
cause of action for injunctive relief against the person. The
plaintiff shall not be required to prove irreparable harm in order
to obtain the relief.
(C) As used in this section:
(1) "Child day-care center" has the same meaning as in
section 5104.01 of the Revised Code.
(2) "Preschool" means any public or private institution or
center that provides early childhood instructional or educational
services to children who are at least three years of age but less
than six years of age and who are not enrolled in or are not
eligible to be enrolled in kindergarten, whether or not those
services are provided in a child day-care setting. "Preschool"
does not include any place that is the permanent residence of the
person who is providing the early childhood instructional or
educational services to the children described in this division.
(3) "Preschool or child day-care center premises" means all
of the following:
(a) Any building in which any preschool or child day-care
center activities are conducted if the building has signage that
indicates that the building houses a preschool or child day-care
center, is clearly visible and discernable without obstruction,
and meets any local zoning ordinances which may apply;
(b) The parcel of real property on which a preschool or child
day-care center is situated if the parcel of real property has
signage that indicates that a preschool or child day-care center
is situated on the parcel, is clearly visible and discernable
without obstruction, and meets any local zoning ordinances which
may apply;
(c) Any grounds, play areas, and other facilities of a
preschool or child day-care center that are regularly used by the
children served by the preschool or child day-care center if the
grounds, play areas, or other facilities have signage that
indicates that they are regularly used by children served by the
preschool or child day-care center, is clearly visible and
discernable without obstruction, and meets any local zoning
ordinances which may apply.
Sec. 2950.04. (A)(1)(a) Immediately after a sentencing
hearing is held on or after January 1, 2008, for an offender who
is convicted of or pleads guilty to a sexually oriented offense
and is sentenced to a prison term, a term of imprisonment, or any
other type of confinement and before the offender is transferred
to the custody of the department of rehabilitation and correction
or to the official in charge of the jail, workhouse, state
correctional institution, or other institution where the offender
will be confined, the offender shall register personally with the
sheriff, or the sheriff's designee, of the county in which the
offender was convicted of or pleaded guilty to the sexually
oriented offense.
(b) Immediately after a dispositional hearing is held on or
after January 1, 2008, for a child who is adjudicated a delinquent
child for committing a sexually oriented offense, is classified a
juvenile offender registrant based on that adjudication, and is
committed to the custody of the department of youth services or to
a secure facility that is not operated by the department and
before the child is transferred to the custody of the department
of youth services or the secure facility to which the delinquent
child is committed, the delinquent child shall register personally
with the sheriff, or the sheriff's designee, of the county in
which the delinquent child was classified a juvenile offender
registrant based on that sexually oriented offense.
(c) A law enforcement officer shall be present at the
sentencing hearing or dispositional hearing described in division
(A)(1)(a) or (b) of this section to immediately transport the
offender or delinquent child who is the subject of the hearing to
the sheriff, or the sheriff's designee, of the county in which the
offender or delinquent child is convicted, pleads guilty, or is
adjudicated a delinquent child.
(d) After an offender who has registered pursuant to division
(A)(1)(a) of this section is released from a prison term, a term
of imprisonment, or any other type of confinement, the offender
shall register as provided in division (A)(2) of this section.
After a delinquent child who has registered pursuant to division
(A)(1)(b) of this section is released from the custody of the
department of youth services or from a secure facility that is not
operated by the department, the delinquent child shall register as
provided in division (A)(3) of this section.
(2) Regardless of when the sexually oriented offense was
committed, each offender who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a sexually
oriented offense shall comply with the following registration
requirements described in divisions (A)(2)(a), (b), (c), (d), and
(e) of this section:
(a) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county within three days of the
offender's coming into a county in which the offender resides or
temporarily is domiciled for more than three days.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county immediately upon coming
into a county in which the offender attends a school or
institution of higher education on a full-time or part-time basis
regardless of whether the offender resides or has a temporary
domicile in this state or another state.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender is
employed if the offender resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen or more days in
that calendar year.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has been employed at any
location or locations in this state more than three days or for an
aggregate period of fourteen or more days in that calendar year.
(e) The offender shall register with the sheriff, or the
sheriff's designee, or other appropriate person of the other state
immediately upon entering into any state other than this state in
which the offender attends a school or institution of higher
education on a full-time or part-time basis or upon being employed
in any state other than this state for more than three days or
for an aggregate period of fourteen or more days in that calendar
year regardless of whether the offender resides or has a temporary
domicile in this state, the other state, or a different state.
(3)(a)
Each Regardless of when the sexually oriented offense
was committed, each child who is adjudicated a delinquent child
for committing a sexually oriented offense and who is classified a
juvenile offender registrant based on that adjudication shall
register personally with the sheriff, or the sheriff's designee,
of the county within three days of the delinquent child's coming
into a county in which the delinquent child resides or temporarily
is domiciled for more than three days.
(b) In addition to the registration duty imposed under
division (A)(3)(a) of this section, each public registry-qualified
juvenile offender registrant shall comply with the following
additional registration requirements:
(i) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the county immediately upon coming into a
county in which the registrant attends a school or institution of
higher education on a full-time or part-time basis regardless of
whether the registrant resides or has a temporary domicile in this
state or another state.
(ii) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the county in which the registrant is
employed if the registrant resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen or more days in
that calendar year.
(iii) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the county in which the registrant then is
employed if the registrant does not reside or have a temporary
domicile in this state and has been employed at any location or
locations in this state more than three days or for an aggregate
period of fourteen or more days in that calendar year.
(iv) The public registry-qualified juvenile offender
registrant shall register with the sheriff, or the sheriff's
designee, or other appropriate person of the other state
immediately upon entering into any state other than this state in
which the registrant attends a school or institution of higher
education on a full-time or part-time basis or upon being employed
in any state other than this state for more than three days or for
an aggregate period of fourteen or more days in that calendar year
regardless of whether the registrant resides or has a temporary
domicile in this state, the other state, or a different state.
(c) If the delinquent child is committed for the sexually
oriented offense to the department of youth services or to a
secure facility that is not operated by the department, this duty
begins when the delinquent child is discharged or released in any
manner from custody in a department of youth services secure
facility or from the secure facility that is not operated by the
department if pursuant to the discharge or release the delinquent
child is not committed to any other secure facility of the
department or any other secure facility.
(4) Regardless of when the sexually oriented offense was
committed, each person who is convicted, pleads guilty, or is
adjudicated a delinquent child in a court in another state, in a
federal court, military court, or Indian tribal court, or in a
court in any nation other than the United States for committing a
sexually oriented offense shall comply with the following
registration requirements if, at the time the offender or
delinquent child moves to and resides in this state or temporarily
is domiciled in this state for more than three days, the offender
or public registry-qualified juvenile offender registrant enters
this state to attend a school or institution of higher education,
or the offender or public registry-qualified juvenile offender
registrant is employed in this state for more than the specified
period of time, the offender or delinquent child has a duty to
register as a sex offender or child-victim offender under the law
of that other jurisdiction as a result of the conviction, guilty
plea, or adjudication:
(a) Each offender and delinquent child shall register
personally with the sheriff, or the sheriff's designee, of the
county within three days of the offender's or delinquent child's
coming into the county in which the offender or delinquent child
resides or temporarily is domiciled for more than three days.
(b) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee, of the county immediately upon coming into
a county in which the offender or public registry-qualified
juvenile offender registrant attends a school or institution of
higher education on a full-time or part-time basis regardless of
whether the offender or public registry-qualified juvenile
offender registrant resides or has a temporary domicile in this
state or another state.
(c) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee, of the county in which the offender or
public registry-qualified juvenile offender registrant is employed
if the offender resides or has a temporary domicile in this state
and has been employed in that county for more than three days or
for an aggregate period of fourteen days or more in that calendar
year.
(d) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee, of the county in which the offender or
public registry-qualified juvenile offender registrant then is
employed if the offender or public registry-qualified juvenile
offender registrant does not reside or have a temporary domicile
in this state and has been employed at any location or locations
in this state for more than three days or for an aggregate period
of fourteen or more days in that calendar year.
(5) An offender or a delinquent child who is a public
registry-qualified juvenile offender registrant is not required to
register under division (A)(2), (3), or (4) of this section if a
court issues an order terminating the offender's or delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code pursuant to section 2950.15 of the
Revised Code. A delinquent child who is a juvenile offender
registrant but is not a public registry-qualified juvenile
offender registrant is not required to register under any of those
divisions if a juvenile court issues an order declassifying the
delinquent child as a juvenile offender registrant pursuant to
section 2152.84 or 2152.85 of the Revised Code.
(B) An offender or delinquent child who is required by
division (A) of this section to register in this state personally
shall obtain from the sheriff or from a designee of the sheriff a
registration form that conforms to division (C) of this section,
shall complete and sign the form, and shall return the completed
form together with the offender's or delinquent child's
photograph, copies of travel and immigration documents, and any
other required material to the sheriff or the designee. The
sheriff or designee shall sign the form and indicate on the form
the date on which it is so returned. The registration required
under this division is complete when the offender or delinquent
child returns the form, containing the requisite information,
photograph, other required material, signatures, and date, to the
sheriff or designee.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include or contain all of the following
for the offender or delinquent child who is registering:
(1) The offender's or delinquent child's name and any aliases
used by the offender or delinquent child;
(2) The offender's or delinquent child's social security
number and date of birth, including any alternate social security
numbers or dates of birth that the offender or delinquent child
has used or uses;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1) of this
section, a statement that the offender is serving a prison term,
term of imprisonment, or any other type of confinement or a
statement that the delinquent child is in the custody of the
department of youth services or is confined in a secure facility
that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(2), (3), or
(4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than three days, the current residence address
of the offender or delinquent child who is registering, the name
and address of the offender's or delinquent child's employer if
the offender or delinquent child is employed at the time of
registration or if the offender or delinquent child knows at the
time of registration that the offender or delinquent child will be
commencing employment with that employer subsequent to
registration, any other employment information, such as the
general area where the offender or delinquent child is employed,
if the offender or delinquent child is employed in many locations,
and the name and address of the offender's or public
registry-qualified juvenile offender registrant's school or
institution of higher education if the offender or public
registry-qualified juvenile offender registrant attends one at the
time of registration or if the offender or public
registry-qualified juvenile offender registrant knows at the time
of registration that the offender or public registry-qualified
juvenile offender registrant will be commencing attendance at that
school or institution subsequent to registration;
(5) Regarding an offender or public registry-qualified
juvenile offender registrant who is registering under a duty
imposed under division (A)(2), (3), or (4) of this section as a
result of the offender or public registry-qualified juvenile
offender registrant attending a school or institution of higher
education in this state on a full-time or part-time basis or being
employed in this state or in a particular county in this state,
whichever is applicable, for more than three days or for an
aggregate of fourteen or more days in any calendar year, the name
and current address of the school, institution of higher
education, or place of employment of the offender or public
registry-qualified juvenile offender registrant who is
registering, including any other employment information, such as
the general area where the offender or public registry-qualified
juvenile offender registrant is employed, if the offender or
public registry-qualified juvenile offender registrant is employed
in many locations;
(6) The identification license plate number of each vehicle
the offender or delinquent child owns, of each vehicle registered
in the offender's or delinquent child's name, of each vehicle the
offender or delinquent child operates as a part of employment, and
of each other vehicle that is regularly available to be operated
by the offender or delinquent child; a description of where each
vehicle is habitually parked, stored, docked, or otherwise kept;
and, if required by the bureau of criminal identification and
investigation, a photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver's or
commercial driver's license or permit issued by this state or any
other state or a state identification card issued under section
4507.50 or 4507.51 of the Revised Code or a comparable
identification card issued by another state, the driver's license
number, commercial driver's license number, or state
identification card number;
(8) If the offender or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing the sexually oriented offense resulting in the
registration duty in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States, a DNA specimen, as defined in
section 109.573 of the Revised Code, from the offender or
delinquent child, a citation for, and the name of, the sexually
oriented offense resulting in the registration duty, and a
certified copy of a document that describes the text of that
sexually oriented offense;
(9) A description of each professional and occupational
license, permit, or registration, including those licenses,
permits, and registrations issued under Title XLVII of the Revised
Code, held by the offender or delinquent child;
(10) Any email addresses, internet identifiers, or telephone
numbers registered to or used by the offender or delinquent child;
(11) Any other information required by the bureau of criminal
identification and investigation.
(D) After an offender or delinquent child registers with a
sheriff, or the sheriff's designee, pursuant to this section, the
sheriff, or the sheriff's designee, shall forward the signed,
written registration form, photograph, and other material 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 an offender registers a school,
institution of higher education, or place of employment address,
or provides a school or institution of higher education address
under division (C)(4) of this section, the sheriff also shall
provide notice to the law enforcement agency with jurisdiction
over the premises of the school, institution of higher education,
or place of employment of the offender's name and that the
offender has registered that address as a place at which the
offender attends school or an institution of higher education or
at which the offender is employed. The bureau shall include the
information and materials 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.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is
required to send a notice of intent to reside pursuant to division
(G) of this section, shall fail to register or send the notice of
intent as required in accordance with those divisions or that
division.
(F) An offender or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code, with the duty commencing
on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is a tier III sex
offender/child-victim offender, the offender or delinquent child
also shall send the sheriff, or the sheriff's designee, of the
county in which the offender or delinquent child intends to reside
written notice of the offender's or delinquent child's intent to
reside in the county. The offender or delinquent child shall send
the notice of intent to reside at least twenty days prior to the
date the offender or delinquent child begins to reside in the
county. The notice of intent to reside shall contain the following
information:
(1) The offender's or delinquent child's name;
(2) The address or addresses at which the offender or
delinquent child intends to reside;
(3) The sexually oriented offense of which the offender was
convicted, to which the offender pleaded guilty, or for which the
child was adjudicated a delinquent child.
(H) If, immediately prior to January 1, 2008, an offender or
delinquent child who was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense as those terms were
defined in section 2950.01 of the Revised Code prior to January 1,
2008, was required by division (A) of this section or section
2950.041 of the Revised Code to register and if, on or after
January 1, 2008, that offense is a sexually oriented offense as
that term is defined in section 2950.01 of the Revised Code on and
after January 1, 2008, the duty to register that is imposed
pursuant to this section on and after January 1, 2008, shall be
considered, for purposes of section 2950.07 of the Revised Code
and for all other purposes, to be a continuation of the duty
imposed upon the offender or delinquent child prior to January 1,
2008, under this section or section 2950.041 of the Revised Code.
Section 2. That existing sections 2950.02, 2950.034, and
2950.04 of the Revised Code are hereby repealed.
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