130th Ohio General Assembly
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S. B. No. 70  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 70


Senator Schaffer 

Cosponsors: Senators Hughes, Manning 



A BILL
To enact sections 2909.13, 2909.14, and 2909.15 of the Revised Code to establish a registry for arson offenders.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2909.13, 2909.14, and 2909.15 of the Revised Code be enacted to read as follows:
Sec. 2909.13.  As used in sections 2909.13 to 2909.15 of the Revised Code:
(A) "Arson-related offense" means any of the following violations or offenses committed by a person, regardless of the person's age:
(1) A violation of section 2909.02 or 2909.03 of the Revised Code;
(2) Any attempt to commit, conspiracy to commit, or complicity in committing either offense listed in division (A)(1) of this section.
(B) "Arson offender" means any of the following:
(1) A person who on or after the effective date of this section is convicted of or pleads guilty to an arson-related offense;
(2) A person who on the effective date of this section has been convicted of or pleaded guilty to an arson-related offense and is confined in a jail, workhouse, state correctional institution, or other institution, serving a prison term, term of imprisonment, or other term of confinement for the offense;
(3) A person who on or after the effective date of this section is charged with committing, attempting to commit, conspiring to commit, or complicity in committing a violation of section 2909.02 or 2909.03 of the Revised Code and who pleads guilty to a violation of any provision of Chapter 2909. of the Revised Code other than section 2909.02 or 2909.03 of the Revised Code.
(C) "Community control sanction," "jail," and "prison" have the same meanings as in section 2929.01 of the Revised Code.
(D) "Firefighter" has the same meaning as in section 4765.01 of the Revised Code.
(E) "Juvenile arson offender" means a person who on or after the effective date of this section is adjudicated a delinquent child for committing, attempting to commit, conspiring to commit, or complicity in committing a violation of section 2909.02 or 2909.03 of the Revised Code or has been adjudicated a delinquent child for committing, attempting to commit, conspiring to commit, or complicity in committing a violation of section 2909.02 or 2909.03 of the Revised Code and who is confined in a secure correctional facility on the effective date of this section.
(F) "Post-release control sanction" and "supervised release" have the same meanings as in section 2950.01 of the Revised Code.
(G) "Secure correctional facility" means a facility under the direction of the department of youth services that is designed to physically restrict the movement and activities of juveniles placed by a dispositional order of a juvenile court.
Sec. 2909.14.  (A) Each arson offender or juvenile arson offender shall be provided notice of the arson offender's or juvenile arson offender's duty to register personally with the attorney general or the attorney general's designee. A parent, guardian, or custodian of a juvenile arson offender also shall be provided notice of the juvenile arson offender's duty to register. The following persons shall provide the notice at the following times:
(1) On or after the effective date of this section, the official in charge of a jail, workhouse, state correctional institution, or other institution in which an arson offender is serving a prison term, term of imprisonment, or other term of confinement, or the official's designee, shall provide the notice to the arson offender before the arson offender is released pursuant to any type of supervised release or before the arson offender is otherwise released from the prison term, term of imprisonment, or other term of confinement.
(2) If an arson offender is sentenced on or after the effective date of this section for an arson-related offense and the judge does not sentence the arson offender to a prison term, term of imprisonment, or other term of confinement in a jail, workhouse, state correctional institution, or other institution for that offense, the judge shall provide the notice to the arson offender at the time of the arson offender's sentencing.
(3) On or after the effective date of this section, the official in charge of a secure correctional facility in which a juvenile arson offender is confined, or the official's designee, shall provide the notice to the juvenile arson offender before the juvenile arson offender is released pursuant to any type of supervised release or before the juvenile arson offender is otherwise released from the secure correctional facility.
(4) If a person is adjudicated a juvenile arson offender on or after the effective date of this section and the juvenile court does not commit the juvenile arson offender to a secure correctional facility at the dispositional hearing, the juvenile court shall provide the notice to the juvenile arson offender at the dispositional hearing.
(5) If notice is provided to a juvenile arson offender under division (A)(3) or (4) of this section, the person providing the notice also shall provide the notice to the delinquent child's parent, guardian, or custodian.
(B)(1) The judge, official, or official's designee providing the notice under divisions (A)(1) and (2) of this section shall require the arson offender to read and sign a form stating that the arson offender has received and understands the notice. If the arson offender is unable to read, the judge, official, or official's designee shall inform the arson offender of the arson offender's duties as set forth in the notice and shall certify on the form that the judge, official, or official's designee informed the arson offender of the arson offender's duties and that the arson offender indicated an understanding of those duties.
(2) The juvenile court, official, or official's designee providing the notice to a juvenile arson offender and the delinquent child's parent, guardian, or custodian under divisions (A)(3), (4), and (5) of this section shall require the juvenile arson offender and parent, guardian, or custodian to read and sign a form stating that they have received and understand the notice. If a juvenile arson offender, parent, guardian, or custodian is unable to read, the juvenile court, official, or official's designee shall inform the juvenile arson offender and parent, guardian, or custodian of the juvenile arson offender's duties as set forth in the notice and shall certify on the form that the juvenile court, official, or official's designee informed the juvenile arson offender and the parent, guardian, or custodian of the juvenile arson offender's duties and that the juvenile arson offender and the parent, guardian, or custodian indicated an understanding of those duties.
(C) The attorney general shall prescribe the notice and the form provided under division (B) of this section. The notice shall include notice of the arson offender's or juvenile arson offender's duties to reregister annually.
(D) The person providing the notice under division (B) of this section shall provide a copy of the notice and signed form to the arson offender or the juvenile arson offender's parent, guardian, or custodian. The person providing the notice also shall provide a copy of the signed form to the attorney general in accordance with rules adopted by the attorney general pursuant to Chapter 119. of the Revised Code.
Sec. 2909.15.  (A) Each arson offender and juvenile arson offender who has received notice pursuant to section 2909.14 of the Revised Code shall register personally with the attorney general or the attorney general's designee within the following time periods:
(1) An arson offender who receives notice under division (A)(1) of section 2909.14 of the Revised Code shall register within ten days after the arson offender is released from a jail, workhouse, state correctional institution, or other institution, unless the arson offender is being transferred to the custody of another jail, workhouse, state correctional institution, or other institution. The arson offender is not required to register with the attorney general prior to release.
(2) An arson offender who receives notice under division (A)(2) of section 2909.14 of the Revised Code shall register within ten days after the sentencing hearing.
(3) A juvenile arson offender who receives notice under division (A)(3) of section 2909.14 of the Revised Code shall register within ten days after the juvenile arson offender's release from a secure correctional facility, unless the juvenile arson offender is being transferred to the custody of another secure correctional facility. If the juvenile arson offender has been transferred to a jail, workhouse, state correctional institution, or other institution after the juvenile court's original order of disposition, the juvenile arson offender shall register within ten days after the juvenile arson offender's release from the jail, workhouse, state correctional institution, or other institution, unless the juvenile arson offender is being transferred to the custody of another jail, workhouse, state correctional institution, or other institution. The juvenile arson offender is not required to register with the attorney general prior to release.
(4) A juvenile arson offender who receives notice under division (A)(4) of section 2909.14 of the Revised Code shall register within ten days after the dispositional hearing.
(B) Any person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, or is or has been adjudicated a delinquent child for a violation of any existing or former municipal ordinance or law of another state or the United States, or any existing or former law applicable in a military court or in an Indian tribal court, that is or was substantially equivalent to a violation of section 2909.02 or 2909.03 of the Revised Code shall register personally with the attorney general or the attorney general's designee within ten days after residing in or occupying a dwelling in this state for more than three consecutive days and shall reregister annually under division (D) of this section.
(C)(1) An arson offender or juvenile arson offender, or person required to register as an arson offender or juvenile arson offender pursuant to division (B) of this section, shall register personally with the attorney general or the attorney general's designee. The registrant shall provide all of the following information and materials to the attorney general or attorney general's designee:
(a) The arson offender's or juvenile arson offender's full name and any alias used and the full name of the delinquent child's parent, guardian, or custodian;
(b) The arson offender's or juvenile arson offender's address;
(c) The arson offender's or juvenile arson offender's social security number;
(d) Any driver's license number, commercial driver's license number, or state identification card number issued to the arson offender or juvenile arson offender by this or another state;
(e) The offense that the arson offender was convicted of or pleaded guilty to or which comprised the acts that were the basis for the juvenile arson offender's adjudication as a delinquent child;
(f) The name and address of any place where the arson offender or juvenile arson offender is employed;
(g) The name and address of any school or institution of higher education that the arson offender or juvenile arson offender is attending;
(h) The identification license plate number of each vehicle owned or operated by the arson offender or juvenile arson offender or registered in the arson offender's or juvenile arson offender's name, the vehicle identification number of each vehicle, and a description of each vehicle;
(i) A description of any scars, tattoos, or other distinguishing marks on the arson offender or juvenile arson offender;
(j) Any other information required by the attorney general.
(2) The arson offender or juvenile arson offender shall provide fingerprints and palm prints at the time of registration. The attorney general or the attorney general's designee shall obtain a photograph of the arson offender or juvenile arson offender at the time of registration.
(D)(1) Each arson offender or juvenile arson offender shall reregister annually, in person, with the attorney general or the attorney general's designee within ten days of the calendar date on which the arson offender or juvenile arson offender initially registered. The registrant shall amend any information required under division (C) of this section that has changed since the registrant's last registration and provide any additional registration information required by the attorney general. The attorney general or the attorney general's designee shall obtain a new photograph of the arson offender or juvenile arson offender annually when the offender reregisters.
(2)(a) Except as provided in division (D)(2)(b) of this section, an arson offender's duty to reregister annually shall continue until the arson offender's death.
(b) The judge may limit an arson offender's duty to reregister at an arson offender's sentencing hearing to not less than ten years if the judge receives a request from the prosecutor and the investigating law enforcement agency to consider limiting the arson offender's registration period.
(c) A juvenile arson offender shall reregister annually until the juvenile arson offender is twenty-five years of age. If a juvenile arson offender who is less than twenty-five years of age is adjudicated delinquent for, convicted of, or pleads guilty to another arson-related offense, the juvenile arson offender's duty to reregister annually shall continue until the offender's death.
(3) The official in charge of a secure correctional facility, jail, workhouse, state correctional institution, or other institution shall notify the attorney general in accordance with rules adopted by the attorney general pursuant to Chapter 119. of the Revised Code if a registered arson offender or juvenile arson offender is confined in the secure correctional facility, jail, workhouse, state correctional institution, or other institution.
(E) The bureau of criminal identification and investigation shall establish and maintain a registry of arson offenders and juvenile arson offenders that includes the information and materials obtained by the attorney general under divisions (C) and (D) of this section. The bureau shall make the registry available to the fire marshal's office, state and local law enforcement officers, and firefighters through the Ohio law enforcement gateway or its successor. The registry of arson offenders and juvenile arson offenders maintained by the bureau is not a public record under section 149.43 of the Revised Code.
(F) The attorney general shall collect a registration fee of fifty dollars and an annual reregistration fee of twenty-five dollars from each arson offender or juvenile arson offender. The fees shall be used for the maintenance of the registry of arson offenders and juvenile arson offenders. The attorney general may waive a fee for an indigent arson offender or juvenile arson offender.
(G) Whoever fails to register or reregister as required by this section is guilty of a felony of the fifth degree. 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. If an arson offender or juvenile arson offender 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 released. If a juvenile arson offender's failure occurs while the offender is less than eighteen years of age, unless the child is emancipated as defined in section 2919.121 of the Revised Code, the failure of the parent, guardian, or custodian to ensure that the juvenile arson offender registers with the attorney general as required under this section is a violation of this section and may result in the prosecution of the parent, guardian, or custodian for that violation.
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