Bill Text: OH SB30 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To establish a registry for arson offenders.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2009-02-10 - To Judiciary Criminal Justice [SB30 Detail]
Download: Ohio-2009-SB30-Introduced.html
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Senator Schaffer
Cosponsors:
Senators Gibbs, Hughes, Miller, D.
| To enact sections 2909.13, 2909.14, and 2909.15 of | 1 |
| the Revised Code to establish a registry for arson | 2 |
| offenders. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 2909.13, 2909.14, and 2909.15 of the | 4 |
| Revised Code be enacted to read as follows: | 5 |
| Sec. 2909.13. As used in sections 2909.13 to 2909.15 of the | 6 |
| Revised Code: | 7 |
| (A) "Arson-related offense" means any of the following | 8 |
| violations or offenses committed by a person, regardless of the | 9 |
| person's age: | 10 |
| (1) A violation of section 2909.02 or 2909.03 of the Revised | 11 |
| Code; | 12 |
| (2) Any attempt to commit, conspiracy to commit, or | 13 |
| complicity in committing either offense listed in division (A)(1) | 14 |
| of this section. | 15 |
| (B) "Arson offender" means any of the following: | 16 |
| (1) A person who on or after the effective date of this | 17 |
| section is convicted of or pleads guilty to an arson-related | 18 |
| offense; | 19 |
| (2) A person who on the effective date of this section has | 20 |
| been convicted of or pleaded guilty to an arson-related offense | 21 |
| and is confined in a jail, workhouse, state correctional | 22 |
| institution, or other institution, serving a prison term, term of | 23 |
| imprisonment, or other term of confinement for the offense; | 24 |
| (3) A person who on or after the effective date of this | 25 |
| section is charged with committing, attempting to commit, | 26 |
| conspiring to commit, or complicity in committing a violation of | 27 |
| section 2909.02 or 2909.03 of the Revised Code and who pleads | 28 |
| guilty to a violation of any provision of Chapter 2909. of the | 29 |
| Revised Code other than section 2909.02 or 2909.03 of the Revised | 30 |
| Code. | 31 |
| (C) "Community control sanction," "jail," and "prison" have | 32 |
| the same meanings as in section 2929.01 of the Revised Code. | 33 |
| (D) "Firefighter" has the same meaning as in section 4765.01 | 34 |
| of the Revised Code. | 35 |
| (E) "Juvenile arson offender" means a person who on or after | 36 |
| the effective date of this section is adjudicated a delinquent | 37 |
| child for committing, attempting to commit, conspiring to commit, | 38 |
| or complicity in committing a violation of section 2909.02 or | 39 |
| 2909.03 of the Revised Code or has been adjudicated a delinquent | 40 |
| child for committing, attempting to commit, conspiring to commit, | 41 |
| or complicity in committing a violation of section 2909.02 or | 42 |
| 2909.03 of the Revised Code and who is confined in a secure | 43 |
| correctional facility on the effective date of this section. | 44 |
| (F) "Post-release control sanction" and "supervised release" | 45 |
| have the same meanings as in section 2950.01 of the Revised Code. | 46 |
| (G) "Secure correctional facility" means a facility under the | 47 |
| direction of the department of youth services that is designed to | 48 |
| physically restrict the movement and activities of juveniles | 49 |
| placed by a dispositional order of a juvenile court. | 50 |
| Sec. 2909.14. (A) Each arson offender or juvenile arson | 51 |
| offender shall be provided notice of the arson offender's or | 52 |
| juvenile arson offender's duty to register personally with the | 53 |
| attorney general or the attorney general's designee. A parent, | 54 |
| guardian, or custodian of a juvenile arson offender also shall be | 55 |
| provided notice of the juvenile arson offender's duty to register. | 56 |
| The following persons shall provide the notice at the following | 57 |
| times: | 58 |
| (1) On or after the effective date of this section, the | 59 |
| official in charge of a jail, workhouse, state correctional | 60 |
| institution, or other institution in which an arson offender is | 61 |
| serving a prison term, term of imprisonment, or other term of | 62 |
| confinement, or the official's designee, shall provide the notice | 63 |
| to the arson offender before the arson offender is released | 64 |
| pursuant to any type of supervised release or before the arson | 65 |
| offender is otherwise released from the prison term, term of | 66 |
| imprisonment, or other term of confinement. | 67 |
| (2) If an arson offender is sentenced on or after the | 68 |
| effective date of this section for an arson-related offense and | 69 |
| the judge does not sentence the arson offender to a prison term, | 70 |
| term of imprisonment, or other term of confinement in a jail, | 71 |
| workhouse, state correctional institution, or other institution | 72 |
| for that offense, the judge shall provide the notice to the arson | 73 |
| offender at the time of the arson offender's sentencing. | 74 |
| (3) On or after the effective date of this section, the | 75 |
| official in charge of a secure correctional facility in which a | 76 |
| juvenile arson offender is confined, or the official's designee, | 77 |
| shall provide the notice to the juvenile arson offender before the | 78 |
| juvenile arson offender is released pursuant to any type of | 79 |
| supervised release or before the juvenile arson offender is | 80 |
| otherwise released from the secure correctional facility. | 81 |
| (4) If a person is adjudicated a juvenile arson offender on | 82 |
| or after the effective date of this section and the juvenile court | 83 |
| does not commit the juvenile arson offender to a secure | 84 |
| correctional facility at the dispositional hearing, the juvenile | 85 |
| court shall provide the notice to the juvenile arson offender at | 86 |
| the dispositional hearing. | 87 |
| (5) If notice is provided to a juvenile arson offender under | 88 |
| division (A)(3) or (4) of this section, the person providing the | 89 |
| notice also shall provide the notice to the delinquent child's | 90 |
| parent, guardian, or custodian. | 91 |
| (B)(1) The judge, official, or official's designee providing | 92 |
| the notice under divisions (A)(1) and (2) of this section shall | 93 |
| require the arson offender to read and sign a form stating that | 94 |
| the arson offender has received and understands the notice. If the | 95 |
| arson offender is unable to read, the judge, official, or | 96 |
| official's designee shall inform the arson offender of the arson | 97 |
| offender's duties as set forth in the notice and shall certify on | 98 |
| the form that the judge, official, or official's designee informed | 99 |
| the arson offender of the arson offender's duties and that the | 100 |
| arson offender indicated an understanding of those duties. | 101 |
| (2) The juvenile court, official, or official's designee | 102 |
| providing the notice to a juvenile arson offender and the | 103 |
| delinquent child's parent, guardian, or custodian under divisions | 104 |
| (A)(3), (4), and (5) of this section shall require the juvenile | 105 |
| arson offender and parent, guardian, or custodian to read and sign | 106 |
| a form stating that they have received and understand the notice. | 107 |
| If a juvenile arson offender, parent, guardian, or custodian is | 108 |
| unable to read, the juvenile court, official, or official's | 109 |
| designee shall inform the juvenile arson offender and parent, | 110 |
| guardian, or custodian of the juvenile arson offender's duties as | 111 |
| set forth in the notice and shall certify on the form that the | 112 |
| juvenile court, official, or official's designee informed the | 113 |
| juvenile arson offender and the parent, guardian, or custodian of | 114 |
| the juvenile arson offender's duties and that the juvenile arson | 115 |
| offender and the parent, guardian, or custodian indicated an | 116 |
| understanding of those duties. | 117 |
| (C) The attorney general shall prescribe the notice and the | 118 |
| form provided under division (B) of this section. The notice shall | 119 |
| include notice of the arson offender's or juvenile arson | 120 |
| offender's duties to reregister annually. | 121 |
| (D) The person providing the notice under division (B) of | 122 |
| this section shall provide a copy of the notice and signed form to | 123 |
| the arson offender or the juvenile arson offender's parent, | 124 |
| guardian, or custodian. The person providing the notice also | 125 |
| shall provide a copy of the signed form to the attorney general in | 126 |
| accordance with rules adopted by the attorney general pursuant to | 127 |
| Chapter 119. of the Revised Code. | 128 |
| Sec. 2909.15. (A) Each arson offender and juvenile arson | 129 |
| offender who has received notice pursuant to section 2909.14 of | 130 |
| the Revised Code shall register personally with the attorney | 131 |
| general or the attorney general's designee within the following | 132 |
| time periods: | 133 |
| (1) An arson offender who receives notice under division | 134 |
| (A)(1) of section 2909.14 of the Revised Code shall register | 135 |
| within ten days after the arson offender is released from a jail, | 136 |
| workhouse, state correctional institution, or other institution, | 137 |
| unless the arson offender is being transferred to the custody of | 138 |
| another jail, workhouse, state correctional institution, or other | 139 |
| institution. The arson offender is not required to register with | 140 |
| the attorney general prior to release. | 141 |
| (2) An arson offender who receives notice under division | 142 |
| (A)(2) of section 2929.14 of the Revised Code shall register | 143 |
| within ten days after the sentencing hearing. | 144 |
| (3) A juvenile arson offender who receives notice under | 145 |
| division (A)(3) of section 2929.14 of the Revised Code shall | 146 |
| register within ten days after the juvenile arson offender's | 147 |
| release from a secure correctional facility, unless the juvenile | 148 |
| arson offender is being transferred to the custody of another | 149 |
| secure correctional facility. If the juvenile arson offender has | 150 |
| been transferred to a jail, workhouse, state correctional | 151 |
| institution, or other institution after the juvenile court's | 152 |
| original order of disposition, the juvenile arson offender shall | 153 |
| register within ten days after the juvenile arson offender's | 154 |
| release from the jail, workhouse, state correctional institution, | 155 |
| or other institution, unless the juvenile arson offender is being | 156 |
| transferred to the custody of another jail, workhouse, state | 157 |
| correctional institution, or other institution. The juvenile arson | 158 |
| offender is not required to register with the attorney general | 159 |
| prior to release. | 160 |
| (4) A juvenile arson offender who receives notice under | 161 |
| division (A)(4) of section 2929.14 of the Revised Code shall | 162 |
| register within ten days after the dispositional hearing. | 163 |
| (B) Any person who is convicted of, pleads guilty to, has | 164 |
| been convicted of, has pleaded guilty to, or is or has been | 165 |
| adjudicated a delinquent child for a violation of any existing or | 166 |
| former municipal ordinance or law of another state or the United | 167 |
| States, or any existing or former law applicable in a military | 168 |
| court or in an Indian tribal court, that is or was substantially | 169 |
| equivalent to a violation of section 2909.02 or 2909.03 of the | 170 |
| Revised Code shall register personally with the attorney general | 171 |
| or the attorney general's designee within ten days after residing | 172 |
| in or occupying a dwelling in this state for more than three | 173 |
| consecutive days and shall reregister annually under division (D) | 174 |
| of this section. | 175 |
| (C)(1) An arson offender or juvenile arson offender, or | 176 |
| person required to register as an arson offender or juvenile arson | 177 |
| offender pursuant to division (B) of this section, shall register | 178 |
| personally with the attorney general or the attorney general's | 179 |
| designee. The registrant shall provide all of the following | 180 |
| information and materials to the attorney general or attorney | 181 |
| general's designee: | 182 |
| (a) The arson offender's or juvenile arson offender's full | 183 |
| name and any alias used and the full name of the delinquent | 184 |
| child's parent, guardian, or custodian; | 185 |
| (b) The arson offender's or juvenile arson offender's | 186 |
| address; | 187 |
| (c) The arson offender's or juvenile arson offender's social | 188 |
| security number; | 189 |
| (d) Any driver's license number, commercial driver's license | 190 |
| number, or state identification card number issued to the arson | 191 |
| offender or juvenile arson offender by this or another state; | 192 |
| (e) The offense that the arson offender was convicted of or | 193 |
| pleaded guilty to or which comprised the acts that were the basis | 194 |
| for the juvenile arson offender's adjudication as a delinquent | 195 |
| child; | 196 |
| (f) The name and address of any place where the arson | 197 |
| offender or juvenile arson offender is employed; | 198 |
| (g) The name and address of any school or institution of | 199 |
| higher education that the arson offender or juvenile arson | 200 |
| offender is attending; | 201 |
| (h) The identification license plate number of each vehicle | 202 |
| owned or operated by the arson offender or juvenile arson offender | 203 |
| or registered in the arson offender's or juvenile arson offender's | 204 |
| name, the vehicle identification number of each vehicle, and a | 205 |
| description of each vehicle; | 206 |
| (i) A description of any scars, tattoos, or other | 207 |
| distinguishing marks on the arson offender or juvenile arson | 208 |
| offender; | 209 |
| (j) Any other information required by the attorney general. | 210 |
| (2) The arson offender or juvenile arson offender shall | 211 |
| provide fingerprints and palm prints at the time of registration. | 212 |
| The attorney general or the attorney general's designee shall | 213 |
| obtain a photograph of the arson offender or juvenile arson | 214 |
| offender at the time of registration. | 215 |
| (D)(1) Each arson offender or juvenile arson offender shall | 216 |
| be required to reregister annually, in person, within ten days of | 217 |
| the arson offender's or juvenile arson offender's initial | 218 |
| registration date. The registrant shall amend any information | 219 |
| required under division (C) of this section that has changed since | 220 |
| the registrant's last registration and provide any additional | 221 |
| registration information required by the attorney general. The | 222 |
| attorney general or the attorney general's designee shall obtain a | 223 |
| new photograph of the arson offender or juvenile arson offender | 224 |
| annually when the offender reregisters. | 225 |
| (2)(a) Except as provided in division (D)(2)(b) of this | 226 |
| section, an arson offender's duty to reregister annually shall | 227 |
| continue until the arson offender's death. | 228 |
| (b) The judge may limit an arson offender's duty to | 229 |
| reregister at an arson offender's sentencing hearing to not less | 230 |
| than ten years if the judge receives a request from the prosecutor | 231 |
| and the investigating law enforcement agency to consider limiting | 232 |
| the arson offender's registration period. | 233 |
| (c) A juvenile arson offender shall reregister annually until | 234 |
| the juvenile arson offender is twenty-five years of age. If a | 235 |
| juvenile arson offender who is less than twenty-five years of age | 236 |
| is adjudicated delinquent for, convicted of, or pleads guilty to | 237 |
| another arson-related offense, the juvenile arson offender's duty | 238 |
| to reregister annually shall continue until the offender's death. | 239 |
| (3) The official in charge of a secure correctional facility, | 240 |
| jail, workhouse, state correctional institution, or other | 241 |
| institution shall notify the attorney general in accordance with | 242 |
| rules adopted by the attorney general pursuant to Chapter 119. of | 243 |
| the Revised Code if a registered arson offender or juvenile arson | 244 |
| offender is confined in the secure correctional facility, jail, | 245 |
| workhouse, state correctional institution, or other institution. | 246 |
| (E) The bureau of criminal identification and investigation | 247 |
| shall establish and maintain a registry of arson offenders and | 248 |
| juvenile arson offenders that includes the information and | 249 |
| materials obtained by the attorney general under division (C) of | 250 |
| this section. The bureau shall make the registry available to the | 251 |
| fire marshal's office, state and local law enforcement officers, | 252 |
| and firefighters through the Ohio law enforcement gateway or its | 253 |
| successor. The registry of arson offenders and juvenile arson | 254 |
| offenders maintained by the bureau is not a public record under | 255 |
| section 149.43 of the Revised Code. | 256 |
| (F) The attorney general shall collect a registration fee of | 257 |
| fifty dollars and an annual reregistration fee of twenty-five | 258 |
| dollars from each arson offender or juvenile arson offender. The | 259 |
| fees shall be used for the maintenance of the registry of arson | 260 |
| offenders and juvenile arson offenders. The attorney general may | 261 |
| waive a fee for an indigent arson offender or juvenile arson | 262 |
| offender. | 263 |
| (G) Whoever fails to register or reregister as required by | 264 |
| this section is guilty of a felony of the fifth degree. If the | 265 |
| violation occurs while the person is under eighteen years of age, | 266 |
| the person is subject to proceedings under Chapter 2152. of the | 267 |
| Revised Code based on the violation. If an arson offender or | 268 |
| juvenile arson offender is subject to a community control | 269 |
| sanction, is on parole, is subject to one or more post-release | 270 |
| control sanctions, or is subject to any other type of supervised | 271 |
| release at the time of the violation, the violation shall | 272 |
| constitute a violation of the terms and conditions of the | 273 |
| community control sanction, parole, post-release control sanction, | 274 |
| or other type of supervised released. If a juvenile arson | 275 |
| offender's failure occurs while the offender is less than eighteen | 276 |
| years of age, unless the child is emancipated as defined in | 277 |
| section 2919.121 of the Revised Code, the failure of the parent, | 278 |
| guardian, or custodian to ensure that the juvenile arson offender | 279 |
| registers with the attorney general as required under this section | 280 |
| is a violation of this section and may result in the prosecution | 281 |
| of the parent, guardian, or custodian for that violation. | 282 |
