HB 102 — Restrict sex offender from residing, loitering near victim’s home

As Re-ReferredPassed toby the SenateHouse Judiciary Committee 136th General Assembly Regular Session Sub.

102 Page 2 As Re-ReferredPassed toby the SenateHouse Judiciary Committee had as follows:

102 Page 3 As Re-ReferredPassed toby the SenateHouse Judiciary Committee consent of the tenant previously has or presently is engaged in 45 a violation of Chapter 2925.

102 Page 4 As Re-ReferredPassed toby the SenateHouse Judiciary Committee violation as described in this division and it occurred in, is 77 occurring in, or otherwise was or is connected with the tenant's 78 premises.

102 Page 5 As Re-ReferredPassed toby the SenateHouse Judiciary Committee that division apply.

102 Page 6 As Re-ReferredPassed toby the SenateHouse Judiciary Committee registry of sex offenders and child-victim offenders maintained 135 under section 2950.13 of the Revised Code.

102 Page 7 As Re-ReferredPassed toby the SenateHouse Judiciary Committee (a) The resident's or occupant's name appears on the state 164 registry of sex offenders and child-victim offenders maintained 165 under section 2950.13 of the Revised Code.

102 Page 8 As Re-ReferredPassed toby the SenateHouse Judiciary Committee of the Revised Code, to leave the premises, for the restitution 193 of which an action may then be brought under this chapter.

102 Page 9 As Re-ReferredPassed toby the SenateHouse Judiciary Committee Sec.

102 Page 10 As Re-ReferredPassed toby the SenateHouse Judiciary Committee (2) If a sex offender or child-victim offender violates 253 division (B) of this section by loitering within one thousand 254 feet of the residential premises of the victim of the sexually 255 oriented offense or child-victim oriented offense that was 256 committed by the sex offender or child-victim offender, an owner 257 or lessee of real property that is located within one thousand 258 feet of the residential premises of the victim of the sexually 259 oriented offense or child-victim oriented offense, or the 260 prosecuting attorney, village solicitor, city or township 261 director of law, similar chief legal officer of a municipal 262 corporation or township, or official designated as a prosecutor 263 in a municipal corporation that has jurisdiction over the place 264 at which the sex offender or child-victim offender loiters, has 265 a cause of action for injunctive relief against the sex offender 266 or child-victim offender.

102 Page 11 As Re-ReferredPassed toby the SenateHouse Judiciary Committee (a) Filing a written objection with the court not later 284 than thirty days after the filing of the cause of action for 285 injunctive relief.

102 Page 12 As Re-ReferredPassed toby the SenateHouse Judiciary Committee offender or child-victim offender.

102 Page 13 As Re-ReferredPassed toby the SenateHouse Judiciary Committee this section is procedural and remedial, pertains to conduct of 343 the person occurring on or after that date, and does not impose 344 punishment on the person for the sexually oriented offense or 345 child-victim oriented offense.

102 Page 14 As Re-ReferredPassed toby the SenateHouse Judiciary Committee corporation that has jurisdiction over the place at which a 372 person serves in a position in violation of division (A)(1) or 373 (2) of this section.

102 Page 15 As Re-ReferredPassed toby the SenateHouse Judiciary Committee most serious sexually oriented offense or child-victim oriented 402 offense that was the basis of the registration, notice of intent 403 to reside, change of address, or address verification 404 requirement that was violated under the prohibition is a 405 comparable category of offense committed in another 406 jurisdiction, the offender is guilty of a felony of the same 407 degree as that offense committed in the other jurisdiction would 408 constitute if committed in this state.

102 Page 16 As Re-ReferredPassed toby the SenateHouse Judiciary Committee degree.

102 Page 17 As Re-ReferredPassed toby the SenateHouse Judiciary Committee child-victim oriented offense that was the basis of the 462 registration, notice of intent to reside, change of address 463 notification, or address verification requirement that was 464 violated under the prohibition is a misdemeanor if committed by 465 an adult or a comparable category of offense committed in 466 another jurisdiction, the offender is guilty of a felony of the 467 fourth degree.

102 Page 18 As Re-ReferredPassed toby the SenateHouse Judiciary Committee offender shall impose a definite prison term of no less than 493 three years.

102 Page 19 As Re-ReferredPassed toby the SenateHouse Judiciary Committee registrant or an out-of-state juvenile offender registrant, both 524 of the following apply:

102 Page 20 As Re-ReferredPassed toby the SenateHouse Judiciary Committee (2) The violation of the applicable building, housing, 551 health, or safety code that the tenant complained of was 552 primarily caused by any act or lack of reasonable care by the 553 tenant, or by any other person in the tenant's household, or by 554 anyone on the premises with the consent of the tenant;

102 Page 21 As Re-ReferredPassed toby the SenateHouse Judiciary Committee occupies the premises, and all of the following apply regarding 580 the tenant or other occupant who resides in or occupies the 581 premises:

102 Page 22 As Re-ReferredPassed toby the SenateHouse Judiciary Committee offenders and child-victim offenders maintained under section 609 2950.13 of the Revised Code.

102 Page 23 As Re-ReferredPassed toby the SenateHouse Judiciary Committee the subject of the rental agreement or other tenancy may 638 terminate the rental agreement or other tenancy of the tenant 639 and all other occupants.