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Sub. S. B. No. 70 As Reported by the Senate Judiciary CommitteeAs Reported by the Senate Judiciary Committee
129th General Assembly | Regular Session | 2011-2012 |
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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) "Out-of-state arson offender" means a person who is
convicted of, pleads guilty to, has been convicted of, or has
pleaded guilty to 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.
(F) "Post-release control sanction" and "supervised release"
have the same meanings as in section 2950.01 of the Revised Code.
Sec. 2909.14. (A) Each arson offender shall be provided
notice of the arson offender's duty to register personally with
the sheriff of the county in which the arson offender resides or
that sheriff's designee. 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.
(B) 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.
(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 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. The person providing the notice also shall
determine the county in which the arson offender intends to reside
and shall provide a copy of the signed form to the sheriff of that
county in accordance with rules adopted by the attorney general
pursuant to Chapter 119. of the Revised Code.
Sec. 2909.15. (A) Each arson offender who has received
notice pursuant to section 2909.14 of the Revised Code shall
register personally with the sheriff of the county in which the
arson offender resides or that sheriff'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
any sheriff or designee 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.
(B) Each out-of-state arson offender shall register
personally with the sheriff of the county in which the
out-of-state arson offender resides or that sheriff's designee
within ten days after residing in or occupying a dwelling in this
state for more than three consecutive days.
(C)(1) An arson offender or out-of-state arson offender shall
register personally with the sheriff of the county in which the
offender resides or that sheriff's designee. The registrant shall
obtain from the sheriff or designee a copy of a registration form
prescribed by the attorney general that conforms to division
(C)(2) of this section, shall complete and sign the form, and
shall return to the sheriff or designee the completed and signed
form together with the identification records required under
division (C)(3) of this section.
(2) The registration form to be used under division (C)(1) of
this section shall include or contain all of the following for the
arson offender or out-of-state arson offender who is registering:
(a) The arson offender's or out-of-state arson offender's
full name and any alias used;
(b) The arson offender's or out-of-state arson offender's
residence address;
(c) The arson offender's or out-of-state 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 out-of-state arson offender by this or another state;
(e) The offense that the arson offender or out-of-state arson
offender was convicted of or pleaded guilty to;
(f) The name and address of any place where the arson
offender or out-of-state arson offender is employed;
(g) The name and address of any school or institution of
higher education that the arson offender or out-of-state arson
offender is attending;
(h) The identification license plate number of each vehicle
owned or operated by the arson offender or out-of-state arson
offender or registered in the arson offender's or out-of-state
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 out-of-state arson
offender;
(j) Any other information required by the attorney general.
(3) The arson offender or out-of-state arson offender shall
provide fingerprints and palm prints at the time of registration.
The sheriff or sheriff's designee shall obtain a photograph of the
arson offender or out-of-state arson offender at the time of
registration.
(D)(1) Each arson offender or out-of-state arson offender
shall reregister annually, in person, with the sheriff of the
county in which the offender resides or that sheriff's designee
within ten days of the anniversary of the calendar date on which
the offender initially registered. The registrant shall reregister
by completing, signing, and returning to the sheriff or designee a
copy of the registration form prescribed by the attorney general
and described in divisions (C)(1) and (2) of this section,
amending any information required under division (C) of this
section that has changed since the registrant's last registration,
and providing any additional registration information required by
the attorney general. The sheriff or designee with whom the arson
offender or out-of-state arson offender reregisters shall obtain a
new photograph of the offender annually when the offender
reregisters. Additionally, if the arson offender's or out-of-state
arson offender's most recent registration or reregistration was
with a sheriff or designee of a sheriff of a different county, the
offender shall provide written notice of the offender's change of
residence address to that sheriff or a designee of that sheriff.
(2)(a) Except as provided in division (D)(2)(b) of this
section, the duty of an arson offender or out-of-state arson
offender to reregister annually shall continue until the
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.
(3) The official in charge of a 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 out-of-state arson offender is
confined in the jail, workhouse, state correctional institution,
or other institution.
(E)(1) After an arson offender or out-of-state arson offender
registers or reregisters with a sheriff or a sheriff's designee
pursuant to this section, the sheriff or designee shall forward
the offender's signed, written registration form, photograph,
fingerprints, palm prints, and other materials to the bureau of
criminal identification and investigation in accordance with
forwarding procedures adopted by the attorney general under
division (G) of this section. The bureau shall include the
information and materials forwarded to it under this division in
the registry of arson offenders and out-of-state arson offenders
established and maintained under division (E)(2) of this section.
(2) The bureau of criminal identification and investigation
shall establish and maintain a registry of arson offenders and
out-of-state arson offenders that includes the information and
materials the bureau receives pursuant to division (D)(1) of this
section. The bureau shall make the registry available to the fire
marshal's office, to state and local law enforcement officers, and
to any firefighter who is authorized by the chief of the agency
the firefighter serves to review the record through the Ohio law
enforcement gateway or its successor. The registry of arson
offenders and out-of-state arson offenders maintained by the
bureau is not a public record under section 149.43 of the Revised
Code.
(F) Each sheriff or sheriff's designee with whom an arson
offender or out-of-state arson offender registers or reregisters
under this section shall collect a registration fee of fifty
dollars and an annual reregistration fee of twenty-five dollars
from each arson offender or out-of-state arson offender who
registers or reregisters with the sheriff or designee. By the last
day of March, the last day of June, the last day of September, and
the last day of December in each year, each sheriff who collects
or whose designee collects any fees under this division in the
preceding three-month period shall send to the attorney general
the fees collected during that period. The fees shall be used for
the maintenance of the registry of arson offenders and
out-of-state arson offenders. A sheriff or designee may waive a
fee for an indigent arson offender or out-of-state arson offender.
(G) The attorney general shall prescribe the forms to be used
by arson offenders and out-of-state arson offenders to register,
reregister, and provide notice of a change of residence address
under divisions (A) to (D) of this section. The attorney general
shall adopt procedures for sheriffs to use to forward information,
photographs, fingerprints, palm prints, and other materials to the
bureau of criminal identification and investigation pursuant to
division (E)(1) of this section.
(H) 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
out-of-state 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.
Section 2. Section 1 of this act shall take effect on
January 1, 2013.
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