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H. B. No. 217 As Introduced
As Introduced
| 126th General Assembly | | Regular Session | | 2005-2006 |
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Representative DeBose
A BILL
To amend section 2950.99 and to enact sections 2950.15 and 4503.237 of the Revised Code to create a sex offender license plate and to establish the conditions for its use.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2950.99 be amended and sections 2950.15 and 4503.237 of the Revised Code be enacted to read as follows:
Sec. 2950.15. (A)(1) In any case in which an offender who is sentenced on or after the effective date of this section is required to register a residence address pursuant to section 2950.04 or 2950.041 of the Revised Code, the court shall issue an order prohibiting the offender from operating a motor vehicle upon the public roads and highways or upon any public or private property used by the public for purposes of vehicular travel or parking unless the vehicle the offender is operating displays the sex offender license plates described in section 4503.237 of the Revised Code. The court shall give a copy of the order to the offender. Except as provided in division (B) of this section, the order shall remain in effect for the same period of time prescribed by section 2950.07 of the Revised Code that the offender is required to register a residence address.
(2) If an offender is convicted of or pleads guilty to any presumptive registration-exempt sexually oriented offense, the court that is imposing sentence on the offender may issue the order described in division (A)(1) of this section and shall include in the order the duration of the order.
(B) Not sooner than five years after the imposition of an order under division (A) of this section, an offender who is subject to such an order may file a petition in the municipal or county court in whose jurisdiction the offender resides requesting the termination of the order. The court may deny the petition without a hearing but may conduct a hearing on the matter. In making a determination to terminate the order, the court shall consider all relevant factors, including public safety, the interests of justice, and the determinations, findings, and declarations of the general assembly regarding sex offenders and child-victim offenders that are set forth in section 2950.02 of the Revised Code. No court shall terminate the order if the person, within the duration of the order, has been convicted of or pleaded guilty to any sexually oriented offense or presumptive registration-exempt sexually oriented offense.
Sec. 2950.99.
(A)(1)(a) Except as otherwise provided in division (A)(1)(b) of this section, whoever violates a prohibition in section
2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised Code shall be punished as follows: (i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, or third degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the third degree. (ii) If the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth degree
if committed by an
adult or a comparable category of offense committed in another jurisdiction,
or if the most serious
sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside,
change of address
notification, or address verification
requirement that was
violated under the prohibition is a
misdemeanor
if committed by an
adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree or a misdemeanor of the same degree as the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition or, if the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition was a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree or a misdemeanor of the same degree as that offense committed in the other jurisdiction would constitute or would have constituted if it had been committed in this state. (b) If the offender previously has been convicted of or pleaded guilty to, or previously has been adjudicated a delinquent child for committing, a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, whoever violates a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code shall be punished as follows:
(i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, third, or fourth degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the third degree.
(ii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a felony of the fifth degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the fourth degree. (iii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor of the first degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the fifth degree.
(iv) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor other than a misdemeanor of the first degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a misdemeanor that is one degree higher than the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, change of address, or address verification requirement that was violated under the prohibition or, if the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition was a comparable category of offense committed in another jurisdiction, the offender is guilty of a misdemeanor that is one degree higher than the most serious sexually oriented offense or child-victim oriented offense committed in the other jurisdiction would constitute or would have constituted if it had been committed in this state. (2) In addition to
any penalty
or sanction imposed under division (A)(1) of this section or any other provision of law for a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender
or
delinquent child 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 release.
(3) As used in division (A)(1) of this section, "comparable category of offense committed in another jurisdiction" means a sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated, that is a violation of an existing or former law of another state or the United States, an existing or former law applicable in a military court or in an Indian tribal court, or an existing or former law of any nation other than the United States, and that, if it had been committed in this state, would constitute or would have constituted aggravated murder, murder, or a felony of the first, second, or third degree for purposes of division (A)(1)(a)(i) of this section, a felony of the fourth or fifth degree or a misdemeanor for purposes of division (A)(1)(a)(ii) of this section, aggravated murder, murder, or a felony of the first, second, third, or fourth degree for purposes of division (A)(1)(b)(i) of this section, a felony of the fifth degree for purposes of division (A)(1)(b)(ii) of this section, a misdemeanor of the first degree for purposes of division (A)(1)(b)(iii) of this section, or a misdemeanor other than a misdemeanor of the first degree for purposes of division (A)(1)(b)(iv) of this section. (B) If a person violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code that applies to the person
as a result of the person being adjudicated a delinquent child and
being classified a juvenile offender registrant or as an
out-of-state juvenile offender registrant, both of the
following apply: (1) 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. (2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
(C) Whoever violates division (C) of section 2950.13 of the Revised Code is guilty of a misdemeanor of the first degree. (D) Whoever violates an order issued under section 2950.15 of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 4503.237. (A) Upon presentation of an order issued under section 2950.15 of the Revised Code and compliance with all applicable laws relating to the registration of motor vehicles, the registrar shall issue to the applicant sex offender license plates. Sex offender license plates may be issued for any vehicle registered in the name of the person named in the order or for any vehicle the person named in the order intends to operate.
Sex offender license plates shall have a distinctive pink background color and carry a special serial number that is readily identified by law enforcement officers. The registrar of motor vehicles shall designate the distinctive pink color and serial number to be used on sex offender license plates, which shall remain the same from year to year and shall not be displayed on any other motor vehicles.
The bureau of motor vehicles shall adopt rules providing for the decentralization of the issuance of restricted license plates under this section. The rules shall provide for the issuance of the restricted license plates by at least one agency in each county.
(B) No person operating a motor vehicle displaying sex offender license plates as described in this division shall knowingly disguise or obscure the color of the restricted plate.
(C) Whoever violates division (B) of this section is guilty of a minor misdemeanor. Section 2. That existing section 2950.99 of the Revised Code is hereby repealed.
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