Sub.
H.B. 96
126th General Assembly
(As Passed by the House)
Reps. Seitz, McGregor, C. Evans, Combs, Hartnett, Latta, Schaffer, Webster, Taylor, Gilb, Otterman, White, D. Evans, Willamowski, Uecker, Koziura, Hughes, Seaver, Barrett, Bubp, Buehrer, Carano, Cassell, Collier, Core, Daniels, Dolan, Domenick, Fessler, Gibbs, Hoops, T. Patton, Raga, Reidelbach, Schneider, Setzer, G. Smith, D. Stewart, Wagoner, Walcher
BILL SUMMARY
· Prohibits a person, without privilege to do so, from knowingly entering or remaining on any restricted portion of a "place of public amusement" (defined in the bill) after notice has been given that the general public is restricted from access to that restricted portion of the place, and names a violation of this prohibition the offense of "criminal trespass on a place of public amusement."
· Classifies the offense of "criminal trespass on a place of public amusement" as a misdemeanor of the first degree, and permits a court to require the offender to perform at least 30 hours but not more than 120 hours of supervised community service work in addition to any other available sanctions.
· Allows an owner or lessee of a place of public amusement, an agent of the owner or lessee, or a performer or participant at a place of public amusement to use reasonable force to restrain and remove a trespasser from a restricted portion of the place of public amusement.
· Specifies that the permissible use of reasonable force described in the preceding dot point does not provide immunity from criminal liability for any use of force beyond reasonable force by one of these named individuals.
· Specifies that the element of "trespass" referred to in the existing criminal offenses of aggravated burglary, burglary, and breaking and entering refers to the offense of criminal trespass.
CONTENT AND OPERATION
The bill prohibits a person, without privilege to do so, from knowingly entering or remaining on any restricted portion of a "place of public amusement" (see below) after notice has been given, as described below in "What constitutes notice that the general public is restricted from access," that the general public is restricted from access to that restricted place. The bill specifies that a restricted portion of a place of public amusement may include, but is not limited to, a playing field, an athletic surface, a stage, a locker room, or a dressing room located at the place of public amusement. A violation of this prohibition is "criminal trespass on a place of public amusement," a misdemeanor of the first degree. In addition to any jail term, fine, or other sentence, penalty, or sanction a court imposes upon an offender for the offense, a court may require the offender to perform at least 30 hours but not more than 120 hours of supervised community service work. (R.C. 2911.23(B) and (E).)
The bill specifies that, for purposes of the prohibition described above, notice has been given that the general public is restricted from access to a portion of a place of public amusement if any of the following occur (R.C. 2911.23(D)(1)): (1) the person has been notified personally, either orally or in writing, that access to that portion of the place of public amusement is restricted, (2) a printed written notice of the restricted access has been conspicuously posted or exhibited at the entrance to that portion of the place of public amusement, or (3) an oral warning that access to that portion of the place of public amusement is restricted has been broadcast over the public address system of the place of public amusement.
If notice that the general public is restricted from access to a portion of a place of public amusement is provided as described in the previous paragraph, the state, in a criminal prosecution for the offense of criminal trespass on a place of public amusement, is not required to prove that the defendant received actual notice that the general public is restricted from access to a portion of a place of public amusement (R.C. 2911.23(D)(2)).
The bill allows an owner or lessee of a place of public amusement, an agent of the owner or lessee, or a performer or participant at a place of public amusement to use reasonable force to restrain and remove a trespasser from a restricted portion of the place of public amusement. However, this provision does not provide immunity from criminal liability for any use of force beyond reasonable force by one of these named individuals. (R.C. 2911.23(C).)
The bill defines a "place of public amusement" for purposes of the provisions described above as meaning a stadium, theater, or other facility, whether licensed or not, at which a live performance, sporting event, or other activity takes place for entertainment of the public and to which access is made available to the public, regardless of whether admission is charged (R.C. 2911.23(A)).
Existing law sets forth the offenses of aggravated burglary, burglary, and breaking and entering.
Aggravated burglary. Under existing law, unchanged by the bill, a person commits the offense of aggravated burglary, which is a felony of the first degree, if the person, by force, stealth, or deception, trespasses in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense, if any of the following apply (R.C. 2911.11(A), not in the bill):
(1) The offender inflicts, or attempts or threatens to inflict physical harm on another.
(2) The offender has a deadly weapon or dangerous ordnance on or about the offender's person or under the offender's control.
Burglary. Under existing law, unchanged by the bill, a person commits the offense of burglary, which ranges from a felony of the fourth degree to a felony of the second degree depending on the prohibition violated, if the person, by force, stealth, or deception, does any of the following (R.C. 2911.12, not in the bill):
(1) Trespasses in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, when another person other than an accomplice of the offender is present, with purpose to commit in the structure or in the separately secured or separately occupied portion of the structure any criminal offense;
(2) Trespasses in an occupied structure or in a separately secured or separately occupied portion of an occupied structure that is a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present, with purpose to commit in the habitation any criminal offense;
(3) Trespasses in an occupied structure or in a separately secured or separately occupied portion of an occupied structure, with purpose to commit in the structure or separately secured or separately occupied portion of the structure any criminal offense;
(4) Trespasses in a permanent or temporary habitation of any person when any person other than an accomplice of the offender is present or likely to be present.
Breaking and entering. Under existing law, unchanged by the bill, a person commits the offense of breaking and entering, a felony of the fifth degree, if the person either (1) by force, stealth, or deception, trespasses in an unoccupied structure, with purpose to commit therein any theft offense or any felony or (2) trespasses on the land or premises of another, with purpose to commit a felony (R.C. 2911.13, not in the bill).
The bill specifies that the element of trespass referred to in the existing offenses of aggravated burglary, burglary, and breaking and entering refers to a violation of the prohibition that constitutes the offense of criminal trespass (R.C. 2911.10).
Under existing law, not in the bill, a person commits the offense of criminal trespass if the person, without privilege to do so, does any of the following (R.C. 2911.21): (1) knowingly enters or remains on the land or premises of another, (2) knowingly enters or remains on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard, (3) recklessly enters or remains on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access, or (4) is on the land or premises of another, negligently fails or refuses to leave upon being notified by signage posted in a conspicuous place or otherwise is notified to do so by the owner or occupant, or the agent or servant of either.
HISTORY
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ACTION |
DATE |
JOURNAL ENTRY |
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Introduced |
03-01-05 |
p. 238-239 |
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Reported, H. Criminal Justice |
06-09-05 |
p. 945 |
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Passed House (88-6) |
06-15-05 |
pp. 962-963 |
H0096-PH-126.doc/jc