As Reported by the House Public Safety Committee
136th General Assembly
Regular Session Sub. H. B. No. 102
2025-2026
Representatives Klopfenstein, Williams
Cosponsors: Representatives Bird, Click, Miller, K., Claggett, Deeter, Johnson, Robb Blasdel, John, Newman, Daniels, Brennan, Richardson, Hiner, King, Schmidt, Miller, M., Santucci, Mathews, T., McClain, Abrams, Willis
To amend sections 1923.02, 2950.99, 5321.03, and 5321.051; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 2950.035 (2950.036); and to enact section 2950.035 of the Revised Code to prohibit a sex offender or a child-victim offender from residing within 2,000 feet of the residence of the victim and from loitering within 1,000 feet of the residence of the victim.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1923.02, 2950.99, 5321.03, and 5321.051 be amended; section 2950.035 (2950.036) be amended for the purpose of adopting a new section number as indicated in parentheses; and section 2950.035 of the Revised Code be enacted to read as follows:
Sec. 1923.02. (A) Proceedings under this chapter may be had as follows:
(1) Against tenants or manufactured home park residents holding over their terms;
(2) Against tenants or manufactured home park residents in possession under an oral tenancy, who are in default in the payment of rent as provided in division (B) of this section;
(3) In sales of real estate, on executions, orders, or other judicial process, when the judgment debtor was in possession at the time of the rendition of the judgment or decree, by virtue of which the sale was made;
(4) In sales by executors, administrators, or guardians, and on partition, when any of the parties to the complaint were in possession at the commencement of the action, after the sales, so made on execution or otherwise, have been examined by the proper court and adjudged legal;
(5) When the defendant is an occupier of lands or tenements, without color of title, and the complainant has the right of possession to them;
(6) In any other case of the unlawful and forcible detention of lands or tenements. For purposes of this division, in addition to any other type of unlawful and forcible detention of lands or tenements, such a detention may be determined to exist when both of the following apply:
(a) A tenant fails to vacate residential premises within three days after both of the following occur:
(i) The tenant's landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation of Chapter 2925. or 3719. of the Revised Code, or of a municipal ordinance that is substantially similar to any section in either of those chapters, which involves a controlled substance and which occurred in, is occurring in, or otherwise was or is connected with the premises, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in this division. For purposes of this division, a landlord has "actual knowledge of or has reasonable cause to believe" that a tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in this division if a search warrant was issued pursuant to Criminal Rule 41 or Chapter 2933. of the Revised Code; the affidavit presented to obtain the warrant named or described the tenant or person as the individual to be searched and particularly described the tenant's premises as the place to be searched, named or described one or more controlled substances to be searched for and seized, stated substantially the offense under Chapter 2925. or 3719. of the Revised Code or the substantially similar municipal ordinance that occurred in, is occurring in, or otherwise was or is connected with the tenant's premises, and states the factual basis for the affiant's belief that the controlled substances are located on the tenant's premises; the warrant was properly executed by a law enforcement officer and any controlled substance described in the affidavit was found by that officer during the search and seizure; and, subsequent to the search and seizure, the landlord was informed by that or another law enforcement officer of the fact that the tenant or person has or presently is engaged in a violation as described in this division and it occurred in, is occurring in, or otherwise was or is connected with the tenant's premises.
(ii) The landlord gives the tenant the notice required by division (C) of section 5321.17 of the Revised Code.
(b) The court determines, by a preponderance of the evidence, that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of this section.
(7) In cases arising out of Chapter 5313. of the Revised Code. In those cases, the court has the authority to declare a forfeiture of the vendee's rights under a land installment contract and to grant any other claims arising out of the contract.
(8) Against tenants who have breached an obligation that is imposed by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section, and that materially affects health and safety. Prior to the commencement of an action under this division, notice shall be given to the tenant and compliance secured with section 5321.11 of the Revised Code.
(9) Against tenants who have breached an obligation imposed upon them by a written rental agreement;
(10) Against manufactured home park residents who have defaulted in the payment of rent or breached the terms of a rental agreement with a park operator. Nothing in this division precludes the commencement of an action under division (A)(12) of this section when the additional circumstances described in that division apply.
(11) Against manufactured home park residents who have committed two material violations of the rules of the manufactured home park, of the division of industrial compliance of the department of commerce, or of applicable state and local health and safety codes and who have been notified of the violations in compliance with section 4781.45 of the Revised Code;
(12) Against a manufactured home park resident, or the estate of a manufactured home park resident, who as a result of death or otherwise has been absent from the manufactured home park for a period of thirty consecutive days prior to the commencement of an action under this division and whose manufactured home or mobile home, or recreational vehicle that is parked in the manufactured home park, has been left unoccupied for that thirty-day period, without notice to the park operator and without payment of rent due under the rental agreement with the park operator;
(13) Against occupants of self-service storage facilities, as defined in division (A) of section 5322.01 of the Revised Code, who have breached the terms of a rental agreement or violated section 5322.04 of the Revised Code;
(14) Against any resident or occupant who, pursuant to a rental agreement, resides in or occupies residential premises located within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises and to whom both of the following apply:
(a) The resident's or occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the resident or occupant was convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(15) Against any tenant who permits any person to occupy residential premises located within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises if both of the following apply to the person:
(a) The person's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the person was convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(16) Against any resident or occupant who, pursuant to a rental agreement, resides in or occupies residential premises located within two thousand feet of the residential premises of the victim of the sexually oriented offense or child-victim oriented offense that was committed by the resident or occupant if both of the following apply:
(a) The resident's or occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the resident or occupant was convicted of or pleaded guilty to the sexually oriented offense or child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(17) Against any tenant who permits any person to occupy residential premises located within two thousand feet of the residential premises of the victim of the sexually oriented offense or child-victim oriented offense that was committed by the person permitted to occupy the residential premises if both of the following apply to the person:
(a) The person's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the person was convicted of or pleaded guilty to the sexually oriented offense or child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(B) If a tenant or manufactured home park resident holding under an oral tenancy is in default in the payment of rent, the tenant or resident forfeits the right of occupancy, and the landlord may, at the landlord's option, terminate the tenancy by notifying the tenant or resident, as provided in section 1923.04 of the Revised Code, to leave the premises, for the restitution of which an action may then be brought under this chapter.
(C)(1) If a tenant or any other person with the tenant's permission resides in or occupies residential premises that are located within one thousand feet of any school premises, children's crisis care facility premises, or residential infant care center premises and is a resident or occupant of the type described in division (A)(14) of this section or a person of the type described in division (A)(15) of this section, the landlord for those residential premises, upon discovery that the tenant or other person is a resident, occupant, or person of that nature, may terminate the rental agreement or tenancy for those residential premises by notifying the tenant and all other occupants, as provided in section 1923.04 of the Revised Code, to leave the premises.
(2) If a landlord is authorized to terminate a rental agreement or tenancy pursuant to division (C)(1) of this section but does not so terminate the rental agreement or tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly result from that decision.
(D) This chapter does not apply to a student tenant as defined by division (H) of section 5321.01 of the Revised Code when the college or university proceeds to terminate a rental agreement pursuant to section 5321.031 of the Revised Code.
(E) As used in this section, "children's crisis care facility premises" and "residential infant care center premises" have the same meanings as in section 2950.034 of the Revised Code.
Sec. 2950.035. (A) Subject to divisions (E) and (F) of this section, no sex offender or child-victim offender shall knowingly establish a residence or occupy a residential premises within two thousand feet of the residential premises of the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender.
(B) Subject to divisions (E) and (F) of this section, no sex offender or child-victim offender shall knowingly loiter within one thousand feet of the residential premises of the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender.
(C)(1) If a sex offender or child-victim offender violates division (A) of this section by establishing a residence or occupying a residential premises within two thousand feet of the residential premises of the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender, an owner or lessee of real property that is located within two thousand feet of the residential premises of the victim of the sexually oriented offense or child-victim oriented offense, or the prosecuting attorney, village solicitor, city or township director of law, similar chief legal officer of a municipal corporation or township, or official designated as a prosecutor in a municipal corporation that has jurisdiction over the place at which the sex offender or child-victim offender establishes the residence or occupies the residential premises in question, has a cause of action for injunctive relief against the sex offender or child-victim offender. The plaintiff is not required to prove irreparable harm in order to obtain the relief.
(2) If a sex offender or child-victim offender violates division (B) of this section by loitering within one thousand feet of the residential premises of the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender, an owner or lessee of real property that is located within one thousand feet of the residential premises of the victim of the sexually oriented offense or child-victim oriented offense, or the prosecuting attorney, village solicitor, city or township director of law, similar chief legal officer of a municipal corporation or township, or official designated as a prosecutor in a municipal corporation that has jurisdiction over the place at which the sex offender or child-victim offender loiters, has a cause of action for injunctive relief against the sex offender or child-victim offender. The plaintiff is not required to prove irreparable harm in order to obtain the relief.
(D)(1) Upon the filing of a cause of action for injunctive relief under this section, the court shall set a date for a hearing and shall notify the prosecutor for the case of the hearing. The prosecutor shall provide timely notice of the filing of the cause of action for injunctive relief and the date of the hearing to the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender. If the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender is eighteen years of age or older, the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender may object to the granting of injunctive relief by doing either of the following:
(a) Filing a written objection with the court not later than thirty days after the filing of the cause of action for injunctive relief. The victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender shall specify in the objection the reasons for believing a denial of the injunctive relief is justified.
(b) Appearing at the hearing and being heard orally, in writing, or both.
(2) At the hearing, the court shall determine whether or not to grant injunctive relief. If the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender is eighteen years of age or older, and if the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender objected, the court shall consider the reasons against granting the injunctive relief specified by the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender in the objection in making that determination.
(E) Nothing in this section shall be construed to require any person to sell or otherwise dispose of any residential premises acquired or owned prior to the conviction of the person as a sex offender or a child-victim offender.
(F) This section does not apply if the victim of the sexually oriented offense or child-victim oriented offense that was committed by the sex offender or child-victim offender establishes a residence or occupies a residential premises within two thousand feet of the residential premises of the sex offender or child-victim offender.
Sec.
2950.035
2950.036.
(A)(1)
Regardless of whether the person committed the person's sexually
oriented offense or child-victim oriented offense prior to, on, or
after the effective date of this section, no person who is in a
restricted offender category shall do either of the following:
(a) On or after the effective date of this section, commence service in a position as a volunteer with any person, group, or organization, in a capacity affording extensive contact with minor children;
(b) If the person was in the position prior to the effective date of this section, at any time after the expiration of ninety days after the effective date of this section, serve in a position as a volunteer with any person, group, or organization, in a capacity affording extensive contact with minor children.
(2) No person shall violate division (A)(1) of this section at any time after an injunction has been obtained against the person under division (B)(2) of this section with respect to a violation of division (A)(1) of this section.
(3) A violation of division (A)(1) of this section that is not also a violation of division (A)(2) of this section is subject to injunctive relief as described in division (B)(2) of this section. A violation of division (A)(2) of this section is a criminal offense and is subject to the penalties specified in section 2950.99 of the Revised Code.
(4) The application of division (A)(1) of this section to a person who committed the person's sexually oriented offense or child-victim oriented offense prior to the effective date of this section is procedural and remedial, pertains to conduct of the person occurring on or after that date, and does not impose punishment on the person for the sexually oriented offense or child-victim oriented offense.
(B)(1) If a law enforcement agency, based on a report made to the agency by any person or based on its own investigation, finds that a person to whom division (A) of this section applies is violating that division, the agency shall report that finding to the prosecuting authority.
(2) A prosecuting authority, upon receipt of a report under division (B)(1) of this section, has a cause of action for injunctive relief against the person for the violation if the violation is of division (A)(1) of this section and may bring an action to obtain the injunctive relief. The plaintiff shall not be required to prove irreparable harm in order to obtain the relief. A prosecuting authority, upon receipt of a report under division (B)(1) of this section, may proceed with a criminal prosecution for the violation if the violation is of division (A)(2) of this section.
(C) As used in this section:
(1) "Capacity affording extensive contact with minor children" means any capacity in which a person would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or would have supervision or disciplinary power over minor children.
(2) "Prosecuting authority" means the prosecuting attorney, village solicitor, city or township director of law, similar chief legal officer of a municipal corporation or township, or official designated as a prosecutor in a municipal corporation that has jurisdiction over the place at which a person serves in a position in violation of division (A)(1) or (2) of this section.
(3) "Working directly and in an unaccompanied setting" includes, but is not limited to, providing goods or services to minors.
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 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 or murder if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the first 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 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 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 is a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree as that offense committed in the other jurisdiction would constitute if committed in this state.
(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 felony of the fifth degree or 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 fourth degree.
(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 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 or murder if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the first 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 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 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 is a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree as that offense committed in the other jurisdiction would constitute if committed in this state.
(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 felony of the fourth or 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 third 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 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.
(2)(a) 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.
(b) In addition to any penalty or sanction imposed under division (A)(1)(b)(i), (ii), or (iii) 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 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 when the most serious sexually oriented offense or child-victim oriented offense that was the basis of the requirement that was violated under the prohibition is a felony if committed by an adult or a comparable category of offense committed in another jurisdiction, the court imposing a sentence upon the offender shall impose a definite prison term of no less than three years. The definite prison term imposed under this section shall not be reduced to less than three years pursuant to any provision of Chapter 2967. or any other provision of the Revised Code.
(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 or murder for purposes of division (A)(1)(a)(i) of this section, a felony of the first, second, third, or fourth degree for purposes of division (A)(1)(a)(ii) of this section, a felony of the fifth degree or a misdemeanor for purposes of division (A)(1)(a)(iii) of this section, aggravated murder or murder for purposes of division (A)(1)(b)(i) of this section, a felony of the first, second, or third degree for purposes of division (A)(1)(b)(ii) of this section, a felony of the fourth or fifth degree for purposes of division (A)(1)(b)(iii) of this section, or a misdemeanor 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 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 division (A)(2) of section 2950.035
2950.036
of
the Revised Code shall be punished as follows:
(1) Except as otherwise provided in division (D)(2) or (3) of this section, the offender is guilty of a misdemeanor of the first degree.
(2)
If the offender once previously has been convicted of or pleaded
guilty to a violation of division (A)(2) of section 2950.035
2950.036
of
the Revised Code, the offender is guilty of a felony of the third
degree.
(3)
If the offender two or more times previously has been convicted of or
pleaded guilty to a violation of division (A)(2) of section 2950.035
2950.036
of
the Revised Code, the offender is guilty of a felony of the first
degree.
Sec. 5321.03. (A) Notwithstanding section 5321.02 of the Revised Code, a landlord may bring an action under Chapter 1923. of the Revised Code for possession of the premises if:
(1) The tenant is in default in the payment of rent;
(2) The violation of the applicable building, housing, health, or safety code that the tenant complained of was primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant's household, or by anyone on the premises with the consent of the tenant;
(3) Compliance with the applicable building, housing, health, or safety code would require alteration, remodeling, or demolition of the premises which would effectively deprive the tenant of the use of the dwelling unit;
(4) A tenant is holding over the tenant's term.
(5) The residential premises are located within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises, and both of the following apply regarding the tenant or other occupant who resides in or occupies the premises:
(a) The tenant's or other occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the tenant or other occupant was convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(6) The residential premises are located within two thousand feet of the residential premises of the victim of a sexually oriented offense or child-victim oriented offense that was committed by the tenant or other occupant who resides in or occupies the premises, and all of the following apply regarding the tenant or other occupant who resides in or occupies the premises:
(a) The tenant's or other occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the tenant or other occupant was convicted of or pleaded guilty to the sexually oriented offense or child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(B) The maintenance of an action by the landlord under this section does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement or of section 5321.04 of the Revised Code.
(C) This section does not apply to a dwelling unit occupied by a student tenant.
(D) As used in this section, "children's crisis care facility premises" and "residential infant care center premises" have the same meanings as in section 2950.034 of the Revised Code.
Sec. 5321.051. (A)(1) No tenant of any residential premises located within one thousand feet of any school premises, preschool or child care center premises, children's crisis care facility premises, or residential infant care center premises shall allow any person to occupy those residential premises if both of the following apply regarding the person:
(a) The person's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the person was convicted of or pleaded guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(2) No tenant of any residential premises shall allow any person to occupy those residential premises if the occupant committed a sexually oriented offense or child-victim oriented offense and the victim of that offense maintains a residential premises within two thousand feet of the residential premises of the tenant if both of the following apply to the occupant:
(a) The occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the occupant was convicted of or pleaded guilty to either the sexually oriented offense that is not a registration-exempt sexually oriented offense or the child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(3) If a tenant allows occupancy in violation of this section or a person establishes a residence or occupies residential premises in violation of section 2950.034 of the Revised Code, the landlord for the residential premises that are the subject of the rental agreement or other tenancy may terminate the rental agreement or other tenancy of the tenant and all other occupants.
(B) If a landlord is authorized to terminate a rental agreement or other tenancy pursuant to division (A) of this section but does not so terminate the rental agreement or other tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly results from that decision.
(C) As used in this section, "children's crisis care facility premises" and "residential infant care center premises" have the same meanings as in section 2950.034 of the Revised Code.
Section 2. That existing sections 1923.02, 2950.035, 2950.99, 5321.03, and 5321.051 of the Revised Code are hereby repealed.
Section 3. Section 2950.99 of the Revised Code is presented in this act as a composite of the section as amended by both S.B. 16 and S.B. 288 of the 134th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.