Bill Text: OH HB13 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To prohibit Tier III sex offender/child victim offenders who have committed specified offenses against a victim under 16 years of age from knowingly being present on school premises or preschool or child day-care center premises and to increase the penalty for a first offense of sexual imposition to a misdemeanor of the first degree in specified circumstances.

Spectrum: Slight Partisan Bill (Democrat 33-15)

Status: (Engrossed - Dead) 2010-05-28 - To Judiciary Criminal Justice [HB13 Detail]

Download: Ohio-2009-HB13-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 13

Representatives Garrison, Harris 

Cosponsors: Representatives Yuko, Newcomb, Hagan, Murray, Phillips, Williams, B., DeBose, Bolon, Okey, Luckie, Fende, Lundy, Williams, S., Heard, Chandler, Bacon, Beck, Belcher, Blessing, Boose, Boyd, Carney, Coley, Domenick, Driehaus, Dyer, Evans, Garland, Goodwin, Goyal, Grossman, Hackett, Hite, Hottinger, Lehner, Letson, Mallory, Patten, Pillich, Pryor, Sayre, Snitchler, Uecker, Walter, Weddington, Winburn 

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A BILL

To amend sections 2907.06, 2950.13, and 2950.99 and

1

to enact sections 2950.035 and 2950.044 of the

2

Revised Code to prohibit Tier III sex

3

offender/child victim offenders who have committed

4

specified offenses against a victim under 16 years

5

of age from knowingly being present on school

6

premises or preschool or child day-care center

7

premises and to increase the penalty for a first

8

offense of sexual imposition to a misdemeanor of

9

the first degree in specified circumstances.

10

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

Section 1. That sections 2907.06, 2950.13, and 2950.99 be	11
amended and sections 2950.035 and 2950.044 of the Revised Code	12
be enacted to read as follows:	13

Sec. 2907.06.  (A) No person shall have sexual contact with	14
another, not the spouse of the offender; cause another, not the	15
spouse of the offender, to have sexual contact with the offender;	16
or cause two or more other persons to have sexual contact when any	17
of the following applies:	18

(1) The offender knows that the sexual contact is offensive	19
to the other person, or one of the other persons, or is reckless	20
in that regard.	21

(2) The offender knows that the other person's, or one of the	22
other person's, ability to appraise the nature of or control the	23
offender's or touching person's conduct is substantially impaired.	24

(3) The offender knows that the other person, or one of the	25
other persons, submits because of being unaware of the sexual	26
contact.	27

(4) The other person, or one of the other persons, is	28
thirteen years of age or older but less than sixteen years of age,	29
whether or not the offender knows the age of such person, and the	30
offender is at least eighteen years of age and four or more years	31
older than such other person.	32

(5) The offender is a mental health professional, the other	33
person or one of the other persons is a mental health client or	34
patient of the offender, and the offender induces the other person	35
who is the client or patient to submit by falsely representing to	36
the other person who is the client or patient that the sexual	37
contact is necessary for mental health treatment purposes.	38

(B) No person shall be convicted of a violation of this	39
section solely upon the victim's testimony unsupported by other	40
evidence.	41

(C)(1) Whoever violates this section is guilty of sexual	42
imposition,.	43

(2) A violation of division (A)(1), (2), or (3) of this	44
section is a misdemeanor of the third degree. If the offender	45
previously has been convicted of a violation of this section or of	46
section 2907.02, 2907.03, 2907.04, 2907.05, or 2907.12 of the	47
Revised Code, a violation of division (A)(1), (2), or (3) of this	48
section is a misdemeanor of the first degree.	49

(3) A violation of division (A)(4) or (5) of this section is	50
a misdemeanor of the first degree.	51

Sec. 2950.035. (A) No person who is eighteen years of age or	52
older, who is convicted of, pleads guilty to, has been convicted	53
of, or has pleaded guilty to any sexually oriented offense listed	54
in division (G)(1)(a), (c), (d), or (e) of section 2950.01 of the	55
Revised Code, whose victim was under sixteen years of age at the	56
time of the commission of that offense, and who is classified a	57
tier III sex offender/child-victim offender relative to that	58
offense shall knowingly be present on school premises or preschool	59
or child day-care center premises.	60

(B) No person who is eighteen years of age or older, who is	61
convicted of, pleads guilty to, has been convicted of, or has	62
pleaded guilty to a violation of division (B) of section 2907.05	63
of the Revised Code, and who is classified a tier III sex	64
offender/child-victim offender relative to that offense, shall	65
knowingly be present on school premises or preschool or child	66
day-care center premises.	67

(C) It is an affirmative defense to a charge under division	68
(A) or (B) of this section that the person who is knowingly	69
present on school premises or preschool or child day-care center	70
premises is a parent or guardian of a child who attends the	71
related school, preschool, or child day-care facility and is on	72
the premises for a legitimate purpose. A defendant may not assert	73
an affirmative defense under this division if the defendant	74
previously has been convicted of or pleaded guilty to two or more	75
violations of this section.	76

(D) Any registered elector who is unable because of division	77
(A) or (B) of this section to vote at a polling place located on	78
school premises or preschool or child day-care center premises may	79
vote at the board of elections by absent voter's ballot or by any	80
other method of voting permitted by the Revised Code.	81

(E) As used in this section:

82

(1) "Legitimate purpose" means any of the following:

83

(a) Picking up or dropping off the parent or guardian's child	84
prior to the start of or after the end of the school day or	85
preschool or child day-care session;	86

(b) Picking up or dropping off the parent or guardian's child	87
prior to the start of or after the end of a school-sponsored or	88
preschool or child day-care-sponsored activity, event, or program	89
in which the child is a participant;	90

(c) Attending a school-sponsored or preschool or child	91
day-care-sponsored activity, event, or program in which the parent	92
or guardian's child is a participant;	93

(d) Picking up the parent or guardian's child in the event of	94
an emergency, when the child is ill, or for a medical appointment,	95
or dropping off the child following a medical appointment;	96

(e) Attending a parent-teacher conference or other meeting	97
requested by a teacher, principal, administrator, or preschool or	98
child day-care worker.	99

(2) "Preschool or child day-care center premises" has the	100
same meaning as in section 2950.034 of the Revised Code.	101

Sec. 2950.044.  A sheriff, or sheriff's designee, shall	102
provide written notice to any person who is classified as a tier	103
III sex offender/child-victim offender and who is prohibited from	104
knowingly being on school premises or preschool or child day-care	105
center premises under division (A) or (B) of section 2950.035 of	106
the Revised Code of the prohibitions contained in section 2950.035	107
of the Revised Code. The written notice shall include a statement	108
of the legitimate purposes specified under division (E)(1) of	109
section 2950.035 of the Revised Code for which the offender may be	110
present on school premises or preschool or child day-care center	111
premises.	112

A sheriff or sheriff's designee shall provide the notice to a	113
tier III sex offender/child-victim offender subject to the	114
prohibition under division (A) or (B) of section 2950.035 of the	115
Revised Code at the time of the offender's initial registration	116
under section 2950.04, 2950.041, 2950.05, or 2950.06 of the	117
Revised Code, or, if the offender is registered with a sheriff or	118
sheriff's designee under Chapter 2950. of the Revised Code as of	119
the effective date of this section, a sheriff or sheriff's	120
designee shall provide the notice to the offender at the time of a	121
sheriff's or sheriff designee's next contact with the offender	122
under Chapter 2950. of the Revised Code.	123

Sec. 2950.13.  (A) The attorney general shall do all of the	124
following:	125

(1) No later than July 1, 1997, establish and maintain a	126
state registry of sex offenders and child-victim offenders that is	127
housed at the bureau of criminal identification and investigation	128
and that contains all of the registration, change of residence,	129
school, institution of higher education, or place of employment	130
address, and verification information the bureau receives pursuant	131
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	132
Code regarding each person who is convicted of, pleads guilty to,	133
has been convicted of, or has pleaded guilty to a sexually	134
oriented offense or a child-victim oriented offense and each	135
person who is or has been adjudicated a delinquent child for	136
committing a sexually oriented offense or a child-victim oriented	137
offense and is classified a juvenile offender registrant or is an	138
out-of-state juvenile offender registrant based on that	139
adjudication, all of the information the bureau receives pursuant	140
to section 2950.14 of the Revised Code, and any notice of an order	141
terminating or modifying an offender's or delinquent child's duty	142
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	143
the Revised Code the bureau receives pursuant to section 2152.84,	144
2152.85, or 2950.15 of the Revised Code. For a person who was	145
convicted of or pleaded guilty to the sexually oriented offense or	146
child-victim related offense, the registry also shall indicate	147
whether the person was convicted of or pleaded guilty to the	148
offense in a criminal prosecution or in a serious youthful	149
offender case. The registry shall not be open to inspection by the	150
public or by any person other than a person identified in division	151
(A) of section 2950.08 of the Revised Code. In addition to the	152
information and material previously identified in this division,	153
the registry shall include all of the following regarding each	154
person who is listed in the registry:	155

(a) A citation for, and the name of, all sexually oriented	156
offenses or child-victim oriented offenses of which the person was	157
convicted, to which the person pleaded guilty, or for which the	158
person was adjudicated a delinquent child and that resulted in a	159
registration duty, and the date on which those offenses were	160
committed and a statement as to whether any of those offenses are	161
an offense included under the prohibition in division (A) or (B)	162
of section 2950.035 of the Revised Code;	163

(b) The text of the sexually oriented offenses or	164
child-victim oriented offenses identified in division (A)(1)(a) of	165
this section as those offenses existed at the time the person was	166
convicted of, pleaded guilty to, or was adjudicated a delinquent	167
child for committing those offenses, or a link to a database that	168
sets forth the text of those offenses;	169

(c) A statement as to whether the person is a tier I sex	170
offender/child-victim offender, a tier II sex	171
offender/child-victim offender, or a tier III sex	172
offender/child-victim offender for the sexually oriented offenses	173
or child-victim oriented offenses identified in division (A)(1)(a)	174
of this section;	175

(d) The community supervision status of the person,	176
including, but not limited to, whether the person is serving a	177
community control sanction and the nature of any such sanction,	178
whether the person is under supervised release and the nature of	179
the release, or regarding a juvenile, whether the juvenile is	180
under any type of release authorized under Chapter 2152. or 5139.	181
of the Revised Code and the nature of any such release;	182

(e) The offense and delinquency history of the person, as	183
determined from information gathered or provided under sections	184
109.57 and 2950.14 of the Revised Code;	185

(f) The bureau of criminal identification and investigation	186
tracking number assigned to the person if one has been so	187
assigned, the federal bureau of investigation number assigned to	188
the person if one has been assigned and the bureau of criminal	189
identification and investigation is aware of the number, and any	190
other state identification number assigned to the person of which	191
the bureau is aware;	192

(g) Fingerprints and palmprints of the person;

193

(h) A DNA specimen, as defined in section 109.573 of the	194
Revised Code, from the person;	195

(i) Whether the person has any outstanding arrest warrants;

196

(j) Whether the person is in compliance with the person's	197
duties under this chapter.	198

(2) In consultation with local law enforcement	199
representatives and no later than July 1, 1997, adopt rules that	200
contain guidelines necessary for the implementation of this	201
chapter;	202

(3) In consultation with local law enforcement	203
representatives, adopt rules for the implementation and	204
administration of the provisions contained in section 2950.11 of	205
the Revised Code that pertain to the notification of neighbors of	206
an offender or a delinquent child who has committed a sexually	207
oriented offense or a child-victim oriented offense and and is in	208
a category specified in division (F)(1) of that section and rules	209
that prescribe a manner in which victims of a sexually oriented	210
offense or a child-victim oriented offense committed by an	211
offender or a delinquent child who is in a category specified in	212
division (B)(1) of section 2950.10 of the Revised Code may make a	213
request that specifies that the victim would like to be provided	214
the notices described in divisions (A)(1) and (2) of section	215
2950.10 of the Revised Code;	216

(4) In consultation with local law enforcement	217
representatives and through the bureau of criminal identification	218
and investigation, prescribe the forms to be used by judges and	219
officials pursuant to section 2950.03 or 2950.032 of the Revised	220
Code to advise offenders and delinquent children of their duties	221
of filing a notice of intent to reside, registration, notification	222
of a change of residence, school, institution of higher education,	223
or place of employment address and registration of the new,	224
school, institution of higher education, or place of employment	225
address, as applicable, and address verification under sections	226
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	227
prescribe the forms to be used by sheriffs relative to those	228
duties of filing a notice of intent to reside, registration,	229
change of residence, school, institution of higher education, or	230
place of employment address notification, and address	231
verification;	232

(5) Make copies of the forms prescribed under division (A)(4)	233
of this section available to judges, officials, and sheriffs;	234

(6) Through the bureau of criminal identification and	235
investigation, provide the notifications, the information and	236
materials, and the documents that the bureau is required to	237
provide to appropriate law enforcement officials and to the	238
federal bureau of investigation pursuant to sections 2950.04,	239
2950.041, 2950.05, and 2950.06 of the Revised Code;	240

(7) Through the bureau of criminal identification and	241
investigation, maintain the verification forms returned under the	242
address verification mechanism set forth in section 2950.06 of the	243
Revised Code;	244

(8) In consultation with representatives of the officials,	245
judges, and sheriffs, adopt procedures for officials, judges, and	246
sheriffs to use to forward information, photographs, and	247
fingerprints to the bureau of criminal identification and	248
investigation pursuant to the requirements of sections 2950.03,	249
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	250
Code;	251

(9) In consultation with the director of education, the	252
director of job and family services, and the director of	253
rehabilitation and correction, adopt rules that contain guidelines	254
to be followed by boards of education of a school district,	255
chartered nonpublic schools or other schools not operated by a	256
board of education, preschool programs, child day-care centers,	257
type A family day-care homes, certified type B family day-care	258
homes, and institutions of higher education regarding the proper	259
use and administration of information received pursuant to section	260
2950.11 of the Revised Code relative to an offender or delinquent	261
child who has committed a sexually oriented offense or a	262
child-victim oriented offense and is in a category specified in	263
division (F)(1) of that section;	264

(10) In consultation with local law enforcement	265
representatives and no later than July 1, 1997, adopt rules that	266
designate a geographic area or areas within which the notice	267
described in division (B) of section 2950.11 of the Revised Code	268
must be given to the persons identified in divisions (A)(2) to (8)	269
and (A)(10) of that section;	270

(11) Through the bureau of criminal identification and	271
investigation, not later than January 1, 2004, establish and	272
operate on the internet a sex offender and child-victim offender	273
database that contains information for every offender who has	274
committed a sexually oriented offense or a child-victim oriented	275
offense and registers in any county in this state pursuant to	276
section 2950.04 or 2950.041 of the Revised Code and for every	277
delinquent child who has committed a sexually oriented offense, is	278
a public registry-qualified juvenile offender registrant, and	279
registers in any county in this state pursuant to either such	280
section. The bureau shall not include on the database the identity	281
of any offender's or public registry-qualified juvenile offender	282
registrant's victim, any offender's or public registry-qualified	283
juvenile offender registrant's social security number, the name of	284
any school or institution of higher education attended by any	285
offender or public registry-qualified juvenile offender	286
registrant, the name of the place of employment of any offender or	287
public registry-qualified juvenile offender registrant, any	288
tracking or identification number described in division (A)(1)(f)	289
of this section, or any information described in division (C)(7)	290
of section 2950.04 or 2950.041 of the Revised Code. The bureau	291
shall provide on the database, for each offender and each public	292
registry-qualified juvenile offender registrant, at least the	293
information specified in divisions (A)(11)(a) to (h) of this	294
section. Otherwise, the bureau shall determine the information to	295
be provided on the database for each offender and public	296
registry-qualified juvenile offender registrant and shall obtain	297
that information from the information contained in the state	298
registry of sex offenders and child-victim offenders described in	299
division (A)(1) of this section, which information, while in the	300
possession of the sheriff who provided it, is a public record open	301
for inspection as described in section 2950.081 of the Revised	302
Code. The bureau shall include in the public record the identity	303
of any registered offender who is subject to the prohibitions	304
under section 2950.035 of the Revised Code. The database is a	305
public record open for inspection under section 149.43 of the	306
Revised Code, and it shall be searchable by offender or public	307
registry-qualified juvenile offender registrant name, by county,	308
by zip code, and by school district. The database shall provide a	309
link to the web site of each sheriff who has established and	310
operates on the internet a sex offender and child-victim offender	311
database that contains information for offenders and public	312
registry-qualified juvenile offender registrants who register in	313
that county pursuant to section 2950.04 or 2950.041 of the Revised	314
Code, with the link being a direct link to the sex offender and	315
child-victim offender database for the sheriff. The bureau shall	316
provide on the database, for each offender and public	317
registry-qualified juvenile offender registrant, at least the	318
following information:	319

(a) The information described in divisions (A)(1)(a), (b),	320
(c), and (d) of this section relative to the offender or public	321
registry-qualified juvenile offender registrant;	322

(b) The address of the offender's or public	323
registry-qualified juvenile offender registrant's school,	324
institution of higher education, or place of employment provided	325
in a registration form;	326

(c) The information described in division (C)(6) of section	327
2950.04 or 2950.041 of the Revised Code;	328

(d) A chart describing which sexually oriented offenses and	329
child-victim oriented offenses are included in the definitions of	330
tier I sex offender/child-victim offender, tier II sex	331
offender/child-victim offender, and tier III sex	332
offender/child-victim offender;	333

(e) Fingerprints and palm printspalmprints of the offender	334
or public registry-qualified juvenile offender registrant and a	335
DNA specimen from the offender or public registry-qualified	336
juvenile offender registrant;	337

(f) The information set forth in division (B) of section	338
2950.11 of the Revised Code;	339

(g) Any outstanding arrest warrants for the offender or	340
public registry-qualified juvenile offender registrant;	341

(h) The offender's or public registry-qualified juvenile	342
offender registrant's compliance status with duties under this	343
chapter.	344

(12) Develop software to be used by sheriffs in establishing	345
on the internet a sex offender and child-victim offender database	346
for the public dissemination of some or all of the information and	347
materials described in division (A) of section 2950.081 of the	348
Revised Code that are public records under that division, that are	349
not prohibited from inclusion by division (B) of that section, and	350
that pertain to offenders and public registry-qualified juvenile	351
offender registrants who register in the sheriff's county pursuant	352
to section 2950.04 or 2950.041 of the Revised Code and for the	353
public dissemination of information the sheriff receives pursuant	354
to section 2950.14 of the Revised Code and, upon the request of	355
any sheriff, provide technical guidance to the requesting sheriff	356
in establishing on the internet such a database;	357

(13) Through the bureau of criminal identification and	358
investigation, not later than January 1, 2004, establish and	359
operate on the internet a database that enables local law	360
enforcement representatives to remotely search by electronic means	361
the state registry of sex offenders and child-victim offenders	362
described in division (A)(1) of this section and any information	363
and materials the bureau receives pursuant to sections 2950.04,	364
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	365
database shall enable local law enforcement representatives to	366
obtain detailed information regarding each offender and delinquent	367
child who is included in the registry, including, but not limited	368
to the offender's or delinquent child's name, aliases, residence	369
address, name and address of any place of employment, school,	370
institution of higher education, if applicable, license plate	371
number of each vehicle identified in division (C)(5) of section	372
2950.04 or 2950.041 of the Revised Code to the extent applicable,	373
victim preference if available, date of most recent release from	374
confinement if applicable, fingerprints, and palmprints, all of	375
the information and material described in divisiondivisions	376
(A)(1)(a) to (h) of this section regarding the offender or	377
delinquent child, and other identification parameters the bureau	378
considers appropriate. The database is not a public record open	379
for inspection under section 149.43 of the Revised Code and shall	380
be available only to law enforcement representatives as described	381
in this division. Information obtained by local law enforcement	382
representatives through use of this database is not open to	383
inspection by the public or by any person other than a person	384
identified in division (A) of section 2950.08 of the Revised Code.	385

(14) Through the bureau of criminal identification and	386
investigation, maintain a list of requests for notice about a	387
specified offender or delinquent child or specified geographical	388
notification area made pursuant to division (J) of section 2950.11	389
of the Revised Code and, when an offender or delinquent child	390
changes residence to another county, forward any requests for	391
information about that specific offender or delinquent child to	392
the appropriate sheriff;	393

(15) Through the bureau of criminal identification and	394
investigation, establish and operate a system for the immediate	395
notification by electronic means of the appropriate officials in	396
other states specified in this division each time an offender or	397
delinquent child registers a residence, school, institution of	398
higher education, or place of employment address under section	399
2950.04 or 2950.041 of the revisedRevised Code or provides a	400
notice of a change of address or registers a new address under	401
division (A) or (B) of section 2950.05 of the Revised Code. The	402
immediate notification by electronic means shall be provided to	403
the appropriate officials in each state in which the offender or	404
delinquent child is required to register a residence, school,	405
institution of higher education, or place of employment address.	406
The notification shall contain the offender's or delinquent	407
child's name and all of the information the bureau receives from	408
the sheriff with whom the offender or delinquent child registered	409
the address or provided the notice of change of address or	410
registered the new address.	411

(B) The attorney general in consultation with local law	412
enforcement representatives, may adopt rules that establish one or	413
more categories of neighbors of an offender or delinquent child	414
who, in addition to the occupants of residential premises and	415
other persons specified in division (A)(1) of section 2950.11 of	416
the Revised Code, must be given the notice described in division	417
(B) of that section.	418

(C) No person, other than a local law enforcement	419
representative, shall knowingly do any of the following:	420

(1) Gain or attempt to gain access to the database	421
established and operated by the attorney general, through the	422
bureau of criminal identification and investigation, pursuant to	423
division (A)(13) of this section.	424

(2) Permit any person to inspect any information obtained	425
through use of the database described in division (C)(1) of this	426
section, other than as permitted under that division.	427

(D) As used in this section, "local law enforcement	428
representatives" means representatives of the sheriffs of this	429
state, representatives of the municipal chiefs of police and	430
marshals of this state, and representatives of the township	431
constables and chiefs of police of the township police departments	432
or police district police forces of this state.	433

Sec. 2950.99.  (A)(1)(a) Except as otherwise provided in	434
division (A)(1)(b) of this section, whoever violates a prohibition	435
in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised	436
Code shall be punished as follows:	437

(i) If the most serious sexually oriented offense that was	438
the basis of the registration, notice of intent to reside, change	439
of address notification, or address verification requirement that	440
was violated under the prohibition is aggravated murder or murder	441
if committed by an adult or a comparable category of offense	442
committed in another jurisdiction, the offender is guilty of a	443
felony of the first degree.	444

(ii) If the most serious sexually oriented offense or	445
child-victim oriented offense that was the basis of the	446
registration, notice of intent to reside, change of address	447
notification, or address verification requirement that was	448
violated under the prohibition is a felony of the first, second,	449
third, or fourth degree if committed by an adult or a comparable	450
category of offense committed in another jurisdiction, the	451
offender is guilty of a felony of the same degree as the most	452
serious sexually oriented offense or child-victim oriented	453
offense that was the basis of the registration, notice of intent	454
to reside, change of address, or address verification requirement	455
that was violated under the prohibition, or, if the most serious	456
sexually oriented offense or child-victim oriented offense that	457
was the basis of the registration, notice of intent to reside,	458
change of address, or address verification requirement that was	459
violated under the prohibition is a comparable category of	460
offense committed in another jurisdiction, the offender is guilty	461
of a felony of the same degree as that offense committed in the	462
other jurisdiction would constitute if committed in this state.	463

(iii) If the most serious sexually oriented offense or	464
child-victim oriented offense that was the basis of the	465
registration, notice of intent to reside, change of address	466
notification, or address verification requirement that was	467
violated under the prohibition is a felony of the fifth degree or	468
a misdemeanor if committed by an adult or a comparable category	469
of offense committed in another jurisdiction, the offender is	470
guilty of a felony of the fourth degree.	471

(b) If the offender previously has been convicted of or	472
pleaded guilty to, or previously has been adjudicated a delinquent	473
child for committing, a violation of a prohibition in section	474
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code,	475
whoever violates a prohibition in section 2950.04, 2950.041,	476
2950.05, or 2950.06 of the Revised Code shall be punished as	477
follows:	478

(i) If the most serious sexually oriented offense that was	479
the basis of the registration, notice of intent to reside, change	480
of address notification, or address verification requirement that	481
was violated under the prohibition is aggravated murder or murder	482
if committed by an adult or a comparable category of offense	483
committed in another jurisdiction, the offender is guilty of a	484
felony of the first degree.	485

(ii) If the most serious sexually oriented offense or	486
child-victim oriented offense that was the basis of the	487
registration, notice of intent to reside, change of address	488
notification, or address verification requirement that was	489
violated under the prohibition is a felony of the first, second,	490
or third degree if committed by an adult or a comparable category	491
of offense committed in another jurisdiction, the offender is	492
guilty of a felony of the same degree as the most serious	493
sexually oriented offense or child-victim oriented offense that	494
was the basis of the registration, notice of intent to reside,	495
change of address, or address verification requirement that was	496
violated under the prohibition, or, if the most serious sexually	497
oriented offense or child-victim oriented offense that was the	498
basis of the registration, notice of intent to reside, change of	499
address, or address verification requirement that was violated	500
under the prohibition is a comparable category of offense	501
committed in another jurisdiction, the offender is guilty of a	502
felony of the same degree as that offense committed in the other	503
jurisdiction would constitute if committed in this state.	504

(iii) If the most serious sexually oriented offense or	505
child-victim oriented offense that was the basis of the	506
registration, notice of intent to reside, change of address	507
notification, or address verification requirement that was	508
violated under the prohibition is a felony of the fourth or fifth	509
degree if committed by an adult or a comparable category of	510
offense committed in another jurisdiction, the offender is guilty	511
of a felony of the third degree.	512

(iv) If the most serious sexually oriented offense or	513
child-victim oriented offense that was the basis of the	514
registration, notice of intent to reside, change of address	515
notification, or address verification requirement that was	516
violated under the prohibition is a misdemeanor if committed by an	517
adult or a comparable category of offense committed in another	518
jurisdiction, the offender is guilty of a felony of the fourth	519
degree.	520

(2)(a) In addition to any penalty or sanction imposed under	521
division (A)(1) of this section or any other provision of law for	522
a violation of a prohibition in section 2950.04, 2950.041,	523
2950.05, or 2950.06 of the Revised Code, if the offender or	524
delinquent child is subject to a community control sanction, is on	525
parole, is subject to one or more post-release control sanctions,	526
or is subject to any other type of supervised release at the time	527
of the violation, the violation shall constitute a violation of	528
the terms and conditions of the community control sanction,	529
parole, post-release control sanction, or other type of supervised	530
release.	531

(b) In addition to any penalty or sanction imposed under	532
division (A)(1)(b)(i), (ii), or (iii) of this section or any other	533
provision of law for a violation of a prohibition in section	534
2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the	535
offender previously has been convicted of or pleaded guilty to, or	536
previously has been adjudicated a delinquent child for committing,	537
a violation of a prohibition in section 2950.04, 2950.041,	538
2950.05, or 2950.06 of the Revised Code when the most serious	539
sexually oriented offense or child-victim oriented offense that	540
was the basis of the requirement that was violated under the	541
prohibition is a felony if committed by an adult or a comparable	542
category of offense committed in another jurisdiction, the court	543
imposing a sentence upon the offender shall impose a definite	544
prison term of no less than three years. The definite prison term	545
imposed under this section is not restricted by division (B) of	546
section 2929.14 of the Revised Code and shall not be reduced to	547
less than three years pursuant to Chapter 2967. or any other	548
provision of the Revised Code.	549

(3) As used in division (A)(1) of this section, "comparable	550
category of offense committed in another jurisdiction" means a	551
sexually oriented offense or child-victim oriented offense that	552
was the basis of the registration, notice of intent to reside,	553
change of address notification, or address verification	554
requirement that was violated, that is a violation of an existing	555
or former law of another state or the United States, an existing	556
or former law applicable in a military court or in an Indian	557
tribal court, or an existing or former law of any nation other	558
than the United States, and that, if it had been committed in this	559
state, would constitute or would have constituted aggravated	560
murder or murder for purposes of division (A)(1)(a)(i) of this	561
section, a felony of the first, second, third, or fourth degree	562
for purposes of division (A)(1)(a)(ii) of this section, a felony	563
of the fifth degree or a misdemeanor for purposes of division	564
(A)(1)(a)(iii) of this section, aggravated murder or murder for	565
purposes of division (A)(1)(b)(i) of this section, a felony of	566
the first, second, or third degree for purposes of division	567
(A)(1)(b)(ii) of this section, a felony of the fourth or fifth	568
degree for purposes of division (A)(1)(b)(iii) of this section,	569
or a misdemeanor for purposes of division (A)(1)(b)(iv) of this	570
section.	571

(B) If a person violates a prohibition in section 2950.04,	572
2950.041, 2950.05, or 2950.06 of the Revised Code that applies to	573
the person as a result of the person being adjudicated a	574
delinquent child and being classified a juvenile offender	575
registrant or an out-of-state juvenile offender registrant, both	576
of the following apply:	577

(1) If the violation occurs while the person is under	578
eighteen years of age, the person is subject to proceedings under	579
Chapter 2152. of the Revised Code based on the violation.	580

(2) If the violation occurs while the person is eighteen	581
years of age or older, the person is subject to criminal	582
prosecution based on the violation.	583

(C) Whoever violates division (C) of section 2950.13 of the	584
Revised Code is guilty of a misdemeanor of the first degree.	585

(D) Whoever violates section 2950.035 of the Revised Code is	586
guilty of a misdemeanor of the second degree on a first offense, a	587
misdemeanor of the first degree on a second offense, and a felony	588
of the fifth degree on each subsequent offense.	589

Section 2. That existing sections 2907.06, 2950.13, and	590
2950.99 of the Revised Code are hereby repealed.	591