H. B. No. 217 As Introduced

Representative DeBose

A BILL

To amend section 2950.99 and to enact sections 1
2950.15 and 4503.237 of the Revised Code to create 2
a sex offender license plate and to establish the 3
conditions for its use. 4

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

       Section 1. That section 2950.99 be amended and sections 5
2950.15 and 4503.237 of the Revised Code be enacted to read as 6
follows: 7

       Sec. 2950.15. (A)(1) In any case in which an offender who is 8
sentenced on or after the effective date of this section is 9
required to register a residence address pursuant to section 10
2950.04 or 2950.041 of the Revised Code, the court shall issue an 11
order prohibiting the offender from operating a motor vehicle upon 12
the public roads and highways or upon any public or private 13
property used by the public for purposes of vehicular travel or 14
parking unless the vehicle the offender is operating displays the 15
sex offender license plates described in section 4503.237 of the 16
Revised Code. The court shall give a copy of the order to the 17
offender. Except as provided in division (B) of this section, the 18
order shall remain in effect for the same period of time 19
prescribed by section 2950.07 of the Revised Code that the 20
offender is required to register a residence address. 21

       (2) If an offender is convicted of or pleads guilty to any 22
presumptive registration-exempt sexually oriented offense, the 23
court that is imposing sentence on the offender may issue the 24
order described in division (A)(1) of this section and shall 25
include in the order the duration of the order. 26

       (B) Not sooner than five years after the imposition of an 27
order under division (A) of this section, an offender who is 28
subject to such an order may file a petition in the municipal or 29
county court in whose jurisdiction the offender resides requesting 30
the termination of the order. The court may deny the petition 31
without a hearing but may conduct a hearing on the matter. In 32
making a determination to terminate the order, the court shall 33
consider all relevant factors, including public safety, the 34
interests of justice, and the determinations, findings, and 35
declarations of the general assembly regarding sex offenders and 36
child-victim offenders that are set forth in section 2950.02 of 37
the Revised Code. No court shall terminate the order if the 38
person, within the duration of the order, has been convicted of or 39
pleaded guilty to any sexually oriented offense or presumptive 40
registration-exempt sexually oriented offense. 41

       Sec. 2950.99. (A)(1)(a) Except as otherwise provided in 42
division (A)(1)(b) of this section, whoever violates a prohibition 43
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised 44
Code shall be punished as follows: 45

       (i) If the most serious sexually oriented offense or 46
child-victim oriented offense that was the basis of the 47
registration, notice of intent to reside, change of address 48
notification, or address verification requirement that was 49
violated under the prohibition is aggravated murder, murder, or a 50
felony of the first, second, or third degree if committed by an 51
adult or a comparable category of offense committed in another 52
jurisdiction, the offender is guilty of a felony of the third 53
degree. 54

        (ii) 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 a felony of the fourth or fifth 59
degree if committed by an adult or a comparable category of 60
offense committed in another jurisdiction, or if the most serious 61
sexually oriented offense or child-victim oriented offense that 62
was the basis of the registration, notice of intent to reside, 63
change of address notification, or address verification 64
requirement that was violated under the prohibition is a 65
misdemeanor if committed by an adult or a comparable category of 66
offense committed in another jurisdiction, the offender is guilty 67
of a felony of the same degree or a misdemeanor of the same degree 68
as the most serious sexually oriented offense or child-victim 69
oriented offense that was the basis of the registration, notice of 70
intent to reside, change of address, or address verification 71
requirement that was violated under the prohibition or, if the 72
most serious sexually oriented offense or child-victim oriented 73
offense that was the basis of the registration, notice of intent 74
to reside, change of address, or address verification requirement 75
that was violated under the prohibition was a comparable category 76
of offense committed in another jurisdiction, the offender is 77
guilty of a felony of the same degree or a misdemeanor of the same 78
degree as that offense committed in the other jurisdiction would 79
constitute or would have constituted if it had been committed in 80
this state. 81

       (b) If the offender previously has been convicted of or 82
pleaded guilty to, or previously has been adjudicated a delinquent 83
child for committing, a violation of a prohibition in section 84
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, 85
whoever violates a prohibition in section 2950.04, 2950.041, 86
2950.05, or 2950.06 of the Revised Code shall be punished as 87
follows: 88

       (i) If the most serious sexually oriented offense or 89
child-victim oriented offense that was the basis of the 90
registration, notice of intent to reside, change of address 91
notification, or address verification requirement that was 92
violated under the prohibition is aggravated murder, murder, or a 93
felony of the first, second, third, or fourth degree if committed 94
by an adult or a comparable category of offense committed in 95
another jurisdiction, the offender is guilty of a felony of the 96
third degree. 97

       (ii) If the most serious sexually oriented offense or 98
child-victim oriented offense that was the basis of the 99
registration, notice of intent to reside, change of address 100
notification, or address verification requirement that was 101
violated under the prohibition is a felony of the fifth degree if 102
committed by an adult or a comparable category of offense 103
committed in another jurisdiction, the offender is guilty of a 104
felony of the fourth degree. 105

       (iii) If the most serious sexually oriented offense or 106
child-victim oriented offense that was the basis of the 107
registration, notice of intent to reside, change of address 108
notification, or address verification requirement that was 109
violated under the prohibition is a misdemeanor of the first 110
degree if committed by an adult or a comparable category of 111
offense committed in another jurisdiction, the offender is guilty 112
of a felony of the fifth degree. 113

       (iv) If the most serious sexually oriented offense or 114
child-victim oriented offense that was the basis of the 115
registration, notice of intent to reside, change of address 116
notification, or address verification requirement that was 117
violated under the prohibition is a misdemeanor other than a 118
misdemeanor of the first degree if committed by an adult or a 119
comparable category of offense committed in another jurisdiction, 120
the offender is guilty of a misdemeanor that is one degree higher 121
than the most serious sexually oriented offense or child-victim 122
oriented offense that was the basis of the registration, change of 123
address, or address verification requirement that was violated 124
under the prohibition or, if the most serious sexually oriented 125
offense or child-victim oriented offense that was the basis of the 126
registration, notice of intent to reside, change of address, or 127
address verification requirement that was violated under the 128
prohibition was a comparable category of offense committed in 129
another jurisdiction, the offender is guilty of a misdemeanor that 130
is one degree higher than the most serious sexually oriented 131
offense or child-victim oriented offense committed in the other 132
jurisdiction would constitute or would have constituted if it had 133
been committed in this state. 134

        (2) In addition to any penalty or sanction imposed under 135
division (A)(1) of this section or any other provision of law for 136
a violation of a prohibition in section 2950.04, 2950.041, 137
2950.05, or 2950.06 of the Revised Code, if the offender or 138
delinquent child is subject to a community control sanction, is on 139
parole, is subject to one or more post-release control sanctions, 140
or is subject to any other type of supervised release at the time 141
of the violation, the violation shall constitute a violation of 142
the terms and conditions of the community control sanction, 143
parole, post-release control sanction, or other type of supervised 144
release. 145

       (3) As used in division (A)(1) of this section, "comparable 146
category of offense committed in another jurisdiction" means a 147
sexually oriented offense or child-victim oriented offense that 148
was the basis of the registration, notice of intent to reside, 149
change of address notification, or address verification 150
requirement that was violated, that is a violation of an existing 151
or former law of another state or the United States, an existing 152
or former law applicable in a military court or in an Indian 153
tribal court, or an existing or former law of any nation other 154
than the United States, and that, if it had been committed in this 155
state, would constitute or would have constituted aggravated 156
murder, murder, or a felony of the first, second, or third degree 157
for purposes of division (A)(1)(a)(i) of this section, a felony of 158
the fourth or fifth degree or a misdemeanor for purposes of 159
division (A)(1)(a)(ii) of this section, aggravated murder, murder, 160
or a felony of the first, second, third, or fourth degree for 161
purposes of division (A)(1)(b)(i) of this section, a felony of the 162
fifth degree for purposes of division (A)(1)(b)(ii) of this 163
section, a misdemeanor of the first degree for purposes of 164
division (A)(1)(b)(iii) of this section, or a misdemeanor other 165
than a misdemeanor of the first degree for purposes of division 166
(A)(1)(b)(iv) of this section. 167

       (B) If a person violates a prohibition in section 2950.04, 168
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to 169
the person as a result of the person being adjudicated a 170
delinquent child and being classified a juvenile offender 171
registrant or as an out-of-state juvenile offender registrant, 172
both of the following apply: 173

       (1) If the violation occurs while the person is under 174
eighteen years of age, the person is subject to proceedings under 175
Chapter 2152. of the Revised Code based on the violation. 176

       (2) If the violation occurs while the person is eighteen 177
years of age or older, the person is subject to criminal 178
prosecution based on the violation. 179

       (C) Whoever violates division (C) of section 2950.13 of the 180
Revised Code is guilty of a misdemeanor of the first degree. 181

       (D) Whoever violates an order issued under section 2950.15 of 182
the Revised Code is guilty of a misdemeanor of the first degree. 183

       Sec. 4503.237. (A) Upon presentation of an order issued 184
under section 2950.15 of the Revised Code and compliance with all 185
applicable laws relating to the registration of motor vehicles, 186
the registrar shall issue to the applicant sex offender license 187
plates. Sex offender license plates may be issued for any vehicle 188
registered in the name of the person named in the order or for any 189
vehicle the person named in the order intends to operate. 190

       Sex offender license plates shall have a distinctive pink 191
background color and carry a special serial number that is readily 192
identified by law enforcement officers. The registrar of motor 193
vehicles shall designate the distinctive pink color and serial 194
number to be used on sex offender license plates, which shall 195
remain the same from year to year and shall not be displayed on 196
any other motor vehicles. 197

       The bureau of motor vehicles shall adopt rules providing for 198
the decentralization of the issuance of restricted license plates 199
under this section. The rules shall provide for the issuance of 200
the restricted license plates by at least one agency in each 201
county. 202

       (B) No person operating a motor vehicle displaying sex 203
offender license plates as described in this division shall 204
knowingly disguise or obscure the color of the restricted plate. 205

       (C) Whoever violates division (B) of this section is guilty 206
of a minor misdemeanor. 207

       Section 2. That existing section 2950.99 of the Revised Code 208
is hereby repealed. 209

Section 1. That section 2950.99 be amended and sections	5
2950.15 and 4503.237 of the Revised Code be enacted to read as	6
follows:	7

Sec. 2950.15. (A)(1) In any case in which an offender who is	8
sentenced on or after the effective date of this section is	9
required to register a residence address pursuant to section	10
2950.04 or 2950.041 of the Revised Code, the court shall issue an	11
order prohibiting the offender from operating a motor vehicle upon	12
the public roads and highways or upon any public or private	13
property used by the public for purposes of vehicular travel or	14
parking unless the vehicle the offender is operating displays the	15
sex offender license plates described in section 4503.237 of the	16
Revised Code. The court shall give a copy of the order to the	17
offender. Except as provided in division (B) of this section, the	18
order shall remain in effect for the same period of time	19
prescribed by section 2950.07 of the Revised Code that the	20
offender is required to register a residence address.	21

(2) If an offender is convicted of or pleads guilty to any	22
presumptive registration-exempt sexually oriented offense, the	23
court that is imposing sentence on the offender may issue the	24
order described in division (A)(1) of this section and shall	25
include in the order the duration of the order.	26

(B) Not sooner than five years after the imposition of an	27
order under division (A) of this section, an offender who is	28
subject to such an order may file a petition in the municipal or	29
county court in whose jurisdiction the offender resides requesting	30
the termination of the order. The court may deny the petition	31
without a hearing but may conduct a hearing on the matter. In	32
making a determination to terminate the order, the court shall	33
consider all relevant factors, including public safety, the	34
interests of justice, and the determinations, findings, and	35
declarations of the general assembly regarding sex offenders and	36
child-victim offenders that are set forth in section 2950.02 of	37
the Revised Code. No court shall terminate the order if the	38
person, within the duration of the order, has been convicted of or	39
pleaded guilty to any sexually oriented offense or presumptive	40
registration-exempt sexually oriented offense.	41

Sec. 2950.99. (A)(1)(a) Except as otherwise provided in	42
division (A)(1)(b) of this section, whoever violates a prohibition	43
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	44
Code shall be punished as follows:	45

(i) If the most serious sexually oriented offense or	46
child-victim oriented offense that was the basis of the	47
registration, notice of intent to reside, change of address	48
notification, or address verification requirement that was	49
violated under the prohibition is aggravated murder, murder, or a	50
felony of the first, second, or third degree if committed by an	51
adult or a comparable category of offense committed in another	52
jurisdiction, the offender is guilty of a felony of the third	53
degree.	54

(ii) 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 a felony of the fourth or fifth	59
degree if committed by an adult or a comparable category of	60
offense committed in another jurisdiction, or if the most serious	61
sexually oriented offense or child-victim oriented offense that	62
was the basis of the registration, notice of intent to reside,	63
change of address notification, or address verification	64
requirement that was violated under the prohibition is a	65
misdemeanor if committed by an adult or a comparable category of	66
offense committed in another jurisdiction, the offender is guilty	67
of a felony of the same degree or a misdemeanor of the same degree	68
as the most serious sexually oriented offense or child-victim	69
oriented offense that was the basis of the registration, notice of	70
intent to reside, change of address, or address verification	71
requirement that was violated under the prohibition or, if the	72
most serious sexually oriented offense or child-victim oriented	73
offense that was the basis of the registration, notice of intent	74
to reside, change of address, or address verification requirement	75
that was violated under the prohibition was a comparable category	76
of offense committed in another jurisdiction, the offender is	77
guilty of a felony of the same degree or a misdemeanor of the same	78
degree as that offense committed in the other jurisdiction would	79
constitute or would have constituted if it had been committed in	80
this state.	81

(b) If the offender previously has been convicted of or	82
pleaded guilty to, or previously has been adjudicated a delinquent	83
child for committing, a violation of a prohibition in section	84
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	85
whoever violates a prohibition in section 2950.04, 2950.041,	86
2950.05, or 2950.06 of the Revised Code shall be punished as	87
follows:	88

(iii) If the most serious sexually oriented offense or	106
child-victim oriented offense that was the basis of the	107
registration, notice of intent to reside, change of address	108
notification, or address verification requirement that was	109
violated under the prohibition is a misdemeanor of the first	110
degree if committed by an adult or a comparable category of	111
offense committed in another jurisdiction, the offender is guilty	112
of a felony of the fifth degree.	113

(iv) If the most serious sexually oriented offense or	114
child-victim oriented offense that was the basis of the	115
registration, notice of intent to reside, change of address	116
notification, or address verification requirement that was	117
violated under the prohibition is a misdemeanor other than a	118
misdemeanor of the first degree if committed by an adult or a	119
comparable category of offense committed in another jurisdiction,	120
the offender is guilty of a misdemeanor that is one degree higher	121
than the most serious sexually oriented offense or child-victim	122
oriented offense that was the basis of the registration, change of	123
address, or address verification requirement that was violated	124
under the prohibition or, if the most serious sexually oriented	125
offense or child-victim oriented offense that was the basis of the	126
registration, notice of intent to reside, change of address, or	127
address verification requirement that was violated under the	128
prohibition was a comparable category of offense committed in	129
another jurisdiction, the offender is guilty of a misdemeanor that	130
is one degree higher than the most serious sexually oriented	131
offense or child-victim oriented offense committed in the other	132
jurisdiction would constitute or would have constituted if it had	133
been committed in this state.	134

(2) In addition to any penalty or sanction imposed under	135
division (A)(1) of this section or any other provision of law for	136
a violation of a prohibition in section 2950.04, 2950.041,	137
2950.05, or 2950.06 of the Revised Code, if the offender or	138
delinquent child is subject to a community control sanction, is on	139
parole, is subject to one or more post-release control sanctions,	140
or is subject to any other type of supervised release at the time	141
of the violation, the violation shall constitute a violation of	142
the terms and conditions of the community control sanction,	143
parole, post-release control sanction, or other type of supervised	144
release.	145

(3) As used in division (A)(1) of this section, "comparable	146
category of offense committed in another jurisdiction" means a	147
sexually oriented offense or child-victim oriented offense that	148
was the basis of the registration, notice of intent to reside,	149
change of address notification, or address verification	150
requirement that was violated, that is a violation of an existing	151
or former law of another state or the United States, an existing	152
or former law applicable in a military court or in an Indian	153
tribal court, or an existing or former law of any nation other	154
than the United States, and that, if it had been committed in this	155
state, would constitute or would have constituted aggravated	156
murder, murder, or a felony of the first, second, or third degree	157
for purposes of division (A)(1)(a)(i) of this section, a felony of	158
the fourth or fifth degree or a misdemeanor for purposes of	159
division (A)(1)(a)(ii) of this section, aggravated murder, murder,	160
or a felony of the first, second, third, or fourth degree for	161
purposes of division (A)(1)(b)(i) of this section, a felony of the	162
fifth degree for purposes of division (A)(1)(b)(ii) of this	163
section, a misdemeanor of the first degree for purposes of	164
division (A)(1)(b)(iii) of this section, or a misdemeanor other	165
than a misdemeanor of the first degree for purposes of division	166
(A)(1)(b)(iv) of this section.	167

(B) If a person violates a prohibition in section 2950.04,	168
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	169
the person as a result of the person being adjudicated a	170
delinquent child and being classified a juvenile offender	171
registrant or as an out-of-state juvenile offender registrant,	172
both of the following apply:	173

(1) If the violation occurs while the person is under	174
eighteen years of age, the person is subject to proceedings under	175
Chapter 2152. of the Revised Code based on the violation.	176

(2) If the violation occurs while the person is eighteen	177
years of age or older, the person is subject to criminal	178
prosecution based on the violation.	179

(C) Whoever violates division (C) of section 2950.13 of the	180
Revised Code is guilty of a misdemeanor of the first degree.	181

(D) Whoever violates an order issued under section 2950.15 of	182
the Revised Code is guilty of a misdemeanor of the first degree.	183

Sec. 4503.237. (A) Upon presentation of an order issued	184
under section 2950.15 of the Revised Code and compliance with all	185
applicable laws relating to the registration of motor vehicles,	186
the registrar shall issue to the applicant sex offender license	187
plates. Sex offender license plates may be issued for any vehicle	188
registered in the name of the person named in the order or for any	189
vehicle the person named in the order intends to operate.	190

Sex offender license plates shall have a distinctive pink	191
background color and carry a special serial number that is readily	192
identified by law enforcement officers. The registrar of motor	193
vehicles shall designate the distinctive pink color and serial	194
number to be used on sex offender license plates, which shall	195
remain the same from year to year and shall not be displayed on	196
any other motor vehicles.	197

The bureau of motor vehicles shall adopt rules providing for	198
the decentralization of the issuance of restricted license plates	199
under this section. The rules shall provide for the issuance of	200
the restricted license plates by at least one agency in each	201
county.	202

(B) No person operating a motor vehicle displaying sex	203
offender license plates as described in this division shall	204
knowingly disguise or obscure the color of the restricted plate.	205

(C) Whoever violates division (B) of this section is guilty	206
of a minor misdemeanor.	207

Section 2. That existing section 2950.99 of the Revised Code	208
is hereby repealed.	209