H. B. No. 191 As Introduced

Representatives DeGeeter, Hartnett, Beatty, Cassell, Distel, Strahorn, McGregor, Perry, Martin, Trakas, Koziura, Brown, Reidelbach, Schaffer, Taylor, Allen, Webster, Flowers

A BILL

To amend section 2950.99 of the Revised Code to make 1
a violation of the prohibition under the Sex 2
Offender Registration and Notification Law against 3
certain offenders residing within 1,000 feet of 4
any school premises a felony of the fifth degree. 5

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

       Section 1. That section 2950.99 of the Revised Code be 6
amended to read as follows: 7

       Sec. 2950.99. (A)(1)(a) Except as otherwise provided in 8
division (A)(1)(b) of this section, whoever violates a prohibition 9
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised 10
Code shall be punished as follows: 11

       (i) If the most serious sexually oriented offense or 12
child-victim oriented offense that was the basis of the 13
registration, notice of intent to reside, change of address 14
notification, or address verification requirement that was 15
violated under the prohibition is aggravated murder, murder, or a 16
felony of the first, second, or third degree if committed by an 17
adult or a comparable category of offense committed in another 18
jurisdiction, the offender is guilty of a felony of the third 19
degree. 20

        (ii) If the most serious sexually oriented offense or 21
child-victim oriented offense that was the basis of the 22
registration, notice of intent to reside, change of address 23
notification, or address verification requirement that was 24
violated under the prohibition is a felony of the fourth or fifth 25
degree if committed by an adult or a comparable category of 26
offense committed in another jurisdiction, or if the most serious 27
sexually oriented offense or child-victim oriented offense that 28
was the basis of the registration, notice of intent to reside, 29
change of address notification, or address verification 30
requirement that was violated under the prohibition is a 31
misdemeanor if committed by an adult or a comparable category of 32
offense committed in another jurisdiction, the offender is guilty 33
of a felony of the same degree or a misdemeanor of the same degree 34
as the most serious sexually oriented offense or child-victim 35
oriented offense that was the basis of the registration, notice of 36
intent to reside, change of address, or address verification 37
requirement that was violated under the prohibition or, if the 38
most serious sexually oriented offense or child-victim oriented 39
offense that was the basis of the registration, notice of intent 40
to reside, change of address, or address verification requirement 41
that was violated under the prohibition was a comparable category 42
of offense committed in another jurisdiction, the offender is 43
guilty of a felony of the same degree or a misdemeanor of the same 44
degree as that offense committed in the other jurisdiction would 45
constitute or would have constituted if it had been committed in 46
this state. 47

       (b) If the offender previously has been convicted of or 48
pleaded guilty to, or previously has been adjudicated a delinquent 49
child for committing, a violation of a prohibition in section 50
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, 51
whoever violates a prohibition in section 2950.04, 2950.041, 52
2950.05, or 2950.06 of the Revised Code shall be punished as 53
follows: 54

       (i) If the most serious sexually oriented offense or 55
child-victim oriented offense that was the basis of the 56
registration, notice of intent to reside, change of address 57
notification, or address verification requirement that was 58
violated under the prohibition is aggravated murder, murder, or a 59
felony of the first, second, third, or fourth degree if committed 60
by an adult or a comparable category of offense committed in 61
another jurisdiction, the offender is guilty of a felony of the 62
third degree. 63

       (ii) If the most serious sexually oriented offense or 64
child-victim oriented offense that was the basis of the 65
registration, notice of intent to reside, change of address 66
notification, or address verification requirement that was 67
violated under the prohibition is a felony of the fifth degree if 68
committed by an adult or a comparable category of offense 69
committed in another jurisdiction, the offender is guilty of a 70
felony of the fourth degree. 71

       (iii) If the most serious sexually oriented offense or 72
child-victim oriented offense that was the basis of the 73
registration, notice of intent to reside, change of address 74
notification, or address verification requirement that was 75
violated under the prohibition is a misdemeanor of the first 76
degree if committed by an adult or a comparable category of 77
offense committed in another jurisdiction, the offender is guilty 78
of a felony of the fifth degree. 79

       (iv) If the most serious sexually oriented offense or 80
child-victim oriented offense that was the basis of the 81
registration, notice of intent to reside, change of address 82
notification, or address verification requirement that was 83
violated under the prohibition is a misdemeanor other than a 84
misdemeanor of the first degree if committed by an adult or a 85
comparable category of offense committed in another jurisdiction, 86
the offender is guilty of a misdemeanor that is one degree higher 87
than the most serious sexually oriented offense or child-victim 88
oriented offense that was the basis of the registration, change of 89
address, or address verification requirement that was violated 90
under the prohibition or, if the most serious sexually oriented 91
offense or child-victim oriented offense that was the basis of the 92
registration, notice of intent to reside, change of address, or 93
address verification requirement that was violated under the 94
prohibition was a comparable category of offense committed in 95
another jurisdiction, the offender is guilty of a misdemeanor that 96
is one degree higher than the most serious sexually oriented 97
offense or child-victim oriented offense committed in the other 98
jurisdiction would constitute or would have constituted if it had 99
been committed in this state. 100

        (2) In addition to any penalty or sanction imposed under 101
division (A)(1) of this section or any other provision of law for 102
a violation of a prohibition in section 2950.04, 2950.041, 103
2950.05, or 2950.06 of the Revised Code, if the offender or 104
delinquent child is subject to a community control sanction, is on 105
parole, is subject to one or more post-release control sanctions, 106
or is subject to any other type of supervised release at the time 107
of the violation, the violation shall constitute a violation of 108
the terms and conditions of the community control sanction, 109
parole, post-release control sanction, or other type of supervised 110
release. 111

       (3) As used in division (A)(1) of this section, "comparable 112
category of offense committed in another jurisdiction" means a 113
sexually oriented offense or child-victim oriented offense that 114
was the basis of the registration, notice of intent to reside, 115
change of address notification, or address verification 116
requirement that was violated, that is a violation of an existing 117
or former law of another state or the United States, an existing 118
or former law applicable in a military court or in an Indian 119
tribal court, or an existing or former law of any nation other 120
than the United States, and that, if it had been committed in this 121
state, would constitute or would have constituted aggravated 122
murder, murder, or a felony of the first, second, or third degree 123
for purposes of division (A)(1)(a)(i) of this section, a felony of 124
the fourth or fifth degree or a misdemeanor for purposes of 125
division (A)(1)(a)(ii) of this section, aggravated murder, murder, 126
or a felony of the first, second, third, or fourth degree for 127
purposes of division (A)(1)(b)(i) of this section, a felony of the 128
fifth degree for purposes of division (A)(1)(b)(ii) of this 129
section, a misdemeanor of the first degree for purposes of 130
division (A)(1)(b)(iii) of this section, or a misdemeanor other 131
than a misdemeanor of the first degree for purposes of division 132
(A)(1)(b)(iv) of this section. 133

       (B) If a person violates a prohibition in section 2950.04, 134
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to 135
the person as a result of the person being adjudicated a 136
delinquent child and being classified a juvenile offender 137
registrant or as an out-of-state juvenile offender registrant, 138
both of the following apply: 139

       (1) If the violation occurs while the person is under 140
eighteen years of age, the person is subject to proceedings under 141
Chapter 2152. of the Revised Code based on the violation. 142

       (2) If the violation occurs while the person is eighteen 143
years of age or older, the person is subject to criminal 144
prosecution based on the violation. 145

       (C) Whoever violates division (C) of section 2950.13 of the 146
Revised Code is guilty of a misdemeanor of the first degree. 147

       (D) Whoever violates division (A) of section 2950.031 of the 148
Revised Code is guilty of a felony of the fifth degree. 149

       Section 2. That existing section 2950.99 of the Revised Code 150
is hereby repealed. 151

Section 1. That section 2950.99 of the Revised Code be	6
amended to read as follows:	7

Sec. 2950.99. (A)(1)(a) Except as otherwise provided in	8
division (A)(1)(b) of this section, whoever violates a prohibition	9
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	10
Code shall be punished as follows:	11

(i) If the most serious sexually oriented offense or	12
child-victim oriented offense that was the basis of the	13
registration, notice of intent to reside, change of address	14
notification, or address verification requirement that was	15
violated under the prohibition is aggravated murder, murder, or a	16
felony of the first, second, or third degree if committed by an	17
adult or a comparable category of offense committed in another	18
jurisdiction, the offender is guilty of a felony of the third	19
degree.	20

(ii) If the most serious sexually oriented offense or	21
child-victim oriented offense that was the basis of the	22
registration, notice of intent to reside, change of address	23
notification, or address verification requirement that was	24
violated under the prohibition is a felony of the fourth or fifth	25
degree if committed by an adult or a comparable category of	26
offense committed in another jurisdiction, or if the most serious	27
sexually oriented offense or child-victim oriented offense that	28
was the basis of the registration, notice of intent to reside,	29
change of address notification, or address verification	30
requirement that was violated under the prohibition is a	31
misdemeanor if committed by an adult or a comparable category of	32
offense committed in another jurisdiction, the offender is guilty	33
of a felony of the same degree or a misdemeanor of the same degree	34
as the most serious sexually oriented offense or child-victim	35
oriented offense that was the basis of the registration, notice of	36
intent to reside, change of address, or address verification	37
requirement that was violated under the prohibition or, if the	38
most serious sexually oriented offense or child-victim oriented	39
offense that was the basis of the registration, notice of intent	40
to reside, change of address, or address verification requirement	41
that was violated under the prohibition was a comparable category	42
of offense committed in another jurisdiction, the offender is	43
guilty of a felony of the same degree or a misdemeanor of the same	44
degree as that offense committed in the other jurisdiction would	45
constitute or would have constituted if it had been committed in	46
this state.	47

(b) If the offender previously has been convicted of or	48
pleaded guilty to, or previously has been adjudicated a delinquent	49
child for committing, a violation of a prohibition in section	50
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	51
whoever violates a prohibition in section 2950.04, 2950.041,	52
2950.05, or 2950.06 of the Revised Code shall be punished as	53
follows:	54

(iii) If the most serious sexually oriented offense or	72
child-victim oriented offense that was the basis of the	73
registration, notice of intent to reside, change of address	74
notification, or address verification requirement that was	75
violated under the prohibition is a misdemeanor of the first	76
degree if committed by an adult or a comparable category of	77
offense committed in another jurisdiction, the offender is guilty	78
of a felony of the fifth degree.	79

(iv) If the most serious sexually oriented offense or	80
child-victim oriented offense that was the basis of the	81
registration, notice of intent to reside, change of address	82
notification, or address verification requirement that was	83
violated under the prohibition is a misdemeanor other than a	84
misdemeanor of the first degree if committed by an adult or a	85
comparable category of offense committed in another jurisdiction,	86
the offender is guilty of a misdemeanor that is one degree higher	87
than the most serious sexually oriented offense or child-victim	88
oriented offense that was the basis of the registration, change of	89
address, or address verification requirement that was violated	90
under the prohibition or, if the most serious sexually oriented	91
offense or child-victim oriented offense that was the basis of the	92
registration, notice of intent to reside, change of address, or	93
address verification requirement that was violated under the	94
prohibition was a comparable category of offense committed in	95
another jurisdiction, the offender is guilty of a misdemeanor that	96
is one degree higher than the most serious sexually oriented	97
offense or child-victim oriented offense committed in the other	98
jurisdiction would constitute or would have constituted if it had	99
been committed in this state.	100

(2) In addition to any penalty or sanction imposed under	101
division (A)(1) of this section or any other provision of law for	102
a violation of a prohibition in section 2950.04, 2950.041,	103
2950.05, or 2950.06 of the Revised Code, if the offender or	104
delinquent child is subject to a community control sanction, is on	105
parole, is subject to one or more post-release control sanctions,	106
or is subject to any other type of supervised release at the time	107
of the violation, the violation shall constitute a violation of	108
the terms and conditions of the community control sanction,	109
parole, post-release control sanction, or other type of supervised	110
release.	111

(3) As used in division (A)(1) of this section, "comparable	112
category of offense committed in another jurisdiction" means a	113
sexually oriented offense or child-victim oriented offense that	114
was the basis of the registration, notice of intent to reside,	115
change of address notification, or address verification	116
requirement that was violated, that is a violation of an existing	117
or former law of another state or the United States, an existing	118
or former law applicable in a military court or in an Indian	119
tribal court, or an existing or former law of any nation other	120
than the United States, and that, if it had been committed in this	121
state, would constitute or would have constituted aggravated	122
murder, murder, or a felony of the first, second, or third degree	123
for purposes of division (A)(1)(a)(i) of this section, a felony of	124
the fourth or fifth degree or a misdemeanor for purposes of	125
division (A)(1)(a)(ii) of this section, aggravated murder, murder,	126
or a felony of the first, second, third, or fourth degree for	127
purposes of division (A)(1)(b)(i) of this section, a felony of the	128
fifth degree for purposes of division (A)(1)(b)(ii) of this	129
section, a misdemeanor of the first degree for purposes of	130
division (A)(1)(b)(iii) of this section, or a misdemeanor other	131
than a misdemeanor of the first degree for purposes of division	132
(A)(1)(b)(iv) of this section.	133

(B) If a person violates a prohibition in section 2950.04,	134
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	135
the person as a result of the person being adjudicated a	136
delinquent child and being classified a juvenile offender	137
registrant or as an out-of-state juvenile offender registrant,	138
both of the following apply:	139

(1) If the violation occurs while the person is under	140
eighteen years of age, the person is subject to proceedings under	141
Chapter 2152. of the Revised Code based on the violation.	142

(2) If the violation occurs while the person is eighteen	143
years of age or older, the person is subject to criminal	144
prosecution based on the violation.	145

(C) Whoever violates division (C) of section 2950.13 of the	146
Revised Code is guilty of a misdemeanor of the first degree.	147

(D) Whoever violates division (A) of section 2950.031 of the	148
Revised Code is guilty of a felony of the fifth degree.	149

Section 2. That existing section 2950.99 of the Revised Code	150
is hereby repealed.	151