Bill Text: OH HB11 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To provide that any person required to register under Ohio's Sex Offender Registration and Notification Law who establishes or occupies residential premises within one thousand feet of any school premises, recreation center, playground, or other place where it is reasonable to expect children to frequent or linger is guilty of a misdemeanor of the first degree and to require a court to order a violator to vacate the premises as part of any injunctive relief granted for the violation.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2009-02-17 - To Criminal Justice [HB11 Detail]

Download: Ohio-2009-HB11-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 11

Representatives Heard, Harris 

Cosponsors: Representatives Phillips, Williams, S., Newcomb, Mallory, DeBose, Murray, Williams, B., Okey, Luckie 

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A BILL

To amend sections 2950.034 and 2950.99 of the Revised

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Code to provide that any person required to

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register under Ohio's Sex Offender Registration

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and Notification Law who establishes or occupies

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residential premises within one thousand feet of

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any school premises, recreation center,

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playground, or other place where it is reasonable

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to expect children to frequent or linger is guilty

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of a misdemeanor of the first degree and to

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require a court to order a violator to vacate the

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premises as part of any injunctive relief granted

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for the violation.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2950.034 and 2950.99 of the Revised	13
Code be amended to read as follows:	14

Sec. 2950.034. (A) No person who has been convicted of, is	15
convicted of, has pleaded guilty to, or pleads guilty to a	16
sexually oriented offense or a child-victim oriented offense	17
required to register pursuant to section 2950.04 or 2950.041 of	18
the Revised Code shall establish a residence or occupy	19
residential premises within one thousand feet of any school	20
premises or, preschool or child day-care center premises,	21
recreation center, playground, or other place where it is	22
reasonable to expect children to frequent or linger.	23

(B) If a person to whom division (A) of this section applies	24
violates division (A) of this section by establishing a residence	25
or occupying residential premises within one thousand feet of any	26
school premises or, preschool or child day-care center premises,	27
recreation center, playground, or other place where it is	28
reasonable to expect children to frequent or linger, an owner or	29
lessee of real property that is located within one thousand feet	30
of those school premises or preschool or child day-care center	31
premises or that recreation center, playground, or other place	32
where it is reasonable to expect children to frequent or linger,	33
or the prosecuting attorney, village solicitor, city or township	34
director of law, similar chief legal officer of a municipal	35
corporation or township, or official designated as a prosecutor	36
in a municipal corporation that has jurisdiction over the place	37
at which the person establishes the residence or occupies the	38
residential premises in question, has a cause of action for	39
injunctive relief against the person. The plaintiff shall not be	40
required to prove irreparable harm in order to obtain the	41
relief. In addition to any other injunctive relief granted	42
pursuant to this division, the court shall order any person in	43
violation of division (A) of this section to vacate the person's	44
residence established or residential premises occupied in	45
violation of division (A) of this section. The court may punish as	46
contempt of court a person's failure to comply with a court order	47
issued under this division within thirty days after being served	48
with the order. The thirty-day period for a person to comply with	49
a court order issued under this division shall not run during the	50
pendency of the person's appeal of the court order.	51

(C) As used in this section:

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(1) "Child day-care center" has the same meaning as in	53
section 5104.01 of the Revised Code.	54

(2) "Preschool" means any public or private institution or	55
center that provides early childhood instructional or educational	56
services to children who are at least three years of age but less	57
than six years of age and who are not enrolled in or are not	58
eligible to be enrolled in kindergarten, whether or not those	59
services are provided in a child day-care setting. "Preschool"	60
does not include any place that is the permanent residence of the	61
person who is providing the early childhood instructional or	62
educational services to the children described in this division.	63

(3) "Preschool or child day-care center premises" means all	64
of the following:	65

(a) Any building in which any preschool or child day-care	66
center activities are conducted if the building has signage that	67
indicates that the building houses a preschool or child day-care	68
center, is clearly visible and discernable without obstruction,	69
and meets any local zoning ordinances which may apply;	70

(b) The parcel of real property on which a preschool or child	71
day-care center is situated if the parcel of real property has	72
signage that indicates that a preschool or child day-care center	73
is situated on the parcel, is clearly visible and discernable	74
without obstruction, and meets any local zoning ordinances which	75
may apply;	76

(c) Any grounds, play areas, and other facilities of a	77
preschool or child day-care center that are regularly used by the	78
children served by the preschool or child day-care center if the	79
grounds, play areas, or other facilities have signage that	80
indicates that they are regularly used by children served by the	81
preschool or child day-care center, is clearly visible and	82
discernable without obstruction, and meets any local zoning	83
ordinances which may apply.	84

Sec. 2950.99.  (A)(1)(a) Except as otherwise provided in	85
division (A)(1)(b) of this section, whoever violates a prohibition	86
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	87
Code shall be punished as follows:	88

(i) If the most serious sexually oriented offense that was	89
the basis of the registration, notice of intent to reside, change	90
of address notification, or address verification requirement that	91
was violated under the prohibition is aggravated murder or murder	92
if committed by an adult or a comparable category of offense	93
committed in another jurisdiction, the offender is guilty of a	94
felony of the first degree.	95

(ii) If the most serious sexually oriented offense or	96
child-victim oriented offense that was the basis of the	97
registration, notice of intent to reside, change of address	98
notification, or address verification requirement that was	99
violated under the prohibition is a felony of the first, second,	100
third, or fourth degree if committed by an adult or a comparable	101
category of offense committed in another jurisdiction, the	102
offender is guilty of a felony of the same degree as the most	103
serious sexually oriented offense or child-victim oriented	104
offense that was the basis of the registration, notice of intent	105
to reside, change of address, or address verification requirement	106
that was violated under the prohibition, or, if the most serious	107
sexually oriented offense or child-victim oriented offense that	108
was the basis of the registration, notice of intent to reside,	109
change of address, or address verification requirement that was	110
violated under the prohibition is a comparable category of	111
offense committed in another jurisdiction, the offender is guilty	112
of a felony of the same degree as that offense committed in the	113
other jurisdiction would constitute if committed in this state.	114

(iii) If the most serious sexually oriented offense or	115
child-victim oriented offense that was the basis of the	116
registration, notice of intent to reside, change of address	117
notification, or address verification requirement that was	118
violated under the prohibition is a felony of the fifth degree or	119
a misdemeanor if committed by an adult or a comparable category	120
of offense committed in another jurisdiction, the offender is	121
guilty of a felony of the fourth degree.	122

(b) If the offender previously has been convicted of or	123
pleaded guilty to, or previously has been adjudicated a delinquent	124
child for committing, a violation of a prohibition in section	125
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	126
whoever violates a prohibition in section 2950.04, 2950.041,	127
2950.05, or 2950.06 of the Revised Code shall be punished as	128
follows:	129

(i) If the most serious sexually oriented offense that was	130
the basis of the registration, notice of intent to reside, change	131
of address notification, or address verification requirement that	132
was violated under the prohibition is aggravated murder or murder	133
if committed by an adult or a comparable category of offense	134
committed in another jurisdiction, the offender is guilty of a	135
felony of the first degree.	136

(ii) If the most serious sexually oriented offense or	137
child-victim oriented offense that was the basis of the	138
registration, notice of intent to reside, change of address	139
notification, or address verification requirement that was	140
violated under the prohibition is a felony of the first, second,	141
or third degree if committed by an adult or a comparable category	142
of offense committed in another jurisdiction, the offender is	143
guilty of a felony of the same degree as the most serious	144
sexually oriented offense or child-victim oriented offense that	145
was the basis of the registration, notice of intent to reside,	146
change of address, or address verification requirement that was	147
violated under the prohibition, or, if the most serious sexually	148
oriented offense or child-victim oriented offense that was the	149
basis of the registration, notice of intent to reside, change of	150
address, or address verification requirement that was violated	151
under the prohibition is a comparable category of offense	152
committed in another jurisdiction, the offender is guilty of a	153
felony of the same degree as that offense committed in the other	154
jurisdiction would constitute if committed in this state.	155

(iii) If the most serious sexually oriented offense or	156
child-victim oriented offense that was the basis of the	157
registration, notice of intent to reside, change of address	158
notification, or address verification requirement that was	159
violated under the prohibition is a felony of the fourth or fifth	160
degree if committed by an adult or a comparable category of	161
offense committed in another jurisdiction, the offender is guilty	162
of a felony of the third degree.	163

(iv) If the most serious sexually oriented offense or	164
child-victim oriented offense that was the basis of the	165
registration, notice of intent to reside, change of address	166
notification, or address verification requirement that was	167
violated under the prohibition is a misdemeanor if committed by an	168
adult or a comparable category of offense committed in another	169
jurisdiction, the offender is guilty of a felony of the fourth	170
degree.	171

(2)(a) In addition to any penalty or sanction imposed under	172
division (A)(1) of this section or any other provision of law for	173
a violation of a prohibition in section 2950.04, 2950.041,	174
2950.05, or 2950.06 of the Revised Code, if the offender or	175
delinquent child is subject to a community control sanction, is on	176
parole, is subject to one or more post-release control sanctions,	177
or is subject to any other type of supervised release at the time	178
of the violation, the violation shall constitute a violation of	179
the terms and conditions of the community control sanction,	180
parole, post-release control sanction, or other type of supervised	181
release.	182

(b) In addition to any penalty or sanction imposed under	183
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	184
provision of law for a violation of a prohibition in section	185
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	186
offender previously has been convicted of or pleaded guilty to, or	187
previously has been adjudicated a delinquent child for committing,	188
a violation of a prohibition in section 2950.04, 2950.041,	189
2950.05, or 2950.06 of the Revised Code when the most serious	190
sexually oriented offense or child-victim oriented offense that	191
was the basis of the requirement that was violated under the	192
prohibition is a felony if committed by an adult or a comparable	193
category of offense committed in another jurisdiction, the court	194
imposing a sentence upon the offender shall impose a definite	195
prison term of no less than three years. The definite prison term	196
imposed under this section is not restricted by division (B) of	197
section 2929.14 of the Revised Code and shall not be reduced to	198
less than three years pursuant to Chapter 2967. or any other	199
provision of the Revised Code.	200

(3) As used in division (A)(1) of this section, "comparable	201
category of offense committed in another jurisdiction" means a	202
sexually oriented offense or child-victim oriented offense that	203
was the basis of the registration, notice of intent to reside,	204
change of address notification, or address verification	205
requirement that was violated, that is a violation of an existing	206
or former law of another state or the United States, an existing	207
or former law applicable in a military court or in an Indian	208
tribal court, or an existing or former law of any nation other	209
than the United States, and that, if it had been committed in this	210
state, would constitute or would have constituted aggravated	211
murder or murder for purposes of division (A)(1)(a)(i) of this	212
section, a felony of the first, second, third, or fourth degree	213
for purposes of division (A)(1)(a)(ii) of this section, a felony	214
of the fifth degree or a misdemeanor for purposes of division	215
(A)(1)(a)(iii) of this section, aggravated murder or murder for	216
purposes of division (A)(1)(b)(i) of this section, a felony of	217
the first, second, or third degree for purposes of division	218
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth	219
degree for purposes of division (A)(1)(b)(iii) of this section,	220
or a misdemeanor for purposes of division (A)(1)(b)(iv) of this	221
section.	222

(B) If a person violates a prohibition in section 2950.04,	223
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	224
the person as a result of the person being adjudicated a	225
delinquent child and being classified a juvenile offender	226
registrant or an out-of-state juvenile offender registrant, both	227
of the following apply:	228

(1) If the violation occurs while the person is under	229
eighteen years of age, the person is subject to proceedings under	230
Chapter 2152. of the Revised Code based on the violation.	231

(2) If the violation occurs while the person is eighteen	232
years of age or older, the person is subject to criminal	233
prosecution based on the violation.	234

(C) Whoever violates division (C) of section 2950.13 of the	235
Revised Code is guilty of a misdemeanor of the first degree.	236

(D) Whoever violates division (A) of section 2950.034 of the	237
Revised Code is guilty of a misdemeanor of the first degree.	238

Section 2. That existing sections 2950.034 and 2950.99 of the	239
Revised Code are hereby repealed.	240