As Pending in the Senate Judiciary Committee

132nd General Assembly

Regular Session Sub. S. B. No. 67

2017-2018

Senators Gardner, Hite

A BILL

To enact sections 2903.41, 2903.42, 2903.43, and 2903.44 of the Revised Code to provide for a violent offender database, require violent offenders to enroll in the database, and name the act "Sierah's Law."

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

Section 1. That sections 2903.41, 2903.42, 2903.43, and 2903.44 of the Revised Code be enacted to read as follows:

Sec. 2903.41. As used in sections 2903.41 to 2903.44 of the Revised Code:

(A) "Violent offender" means any of the following:

(1) A person who on or after the effective date of this section is convicted of or pleads guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2905.01, or 2905.02 of the Revised Code;

(b) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (A)(1)(a) of this section.

(2) A person who on the effective date of this section has been convicted of or pleaded guilty to an offense listed in division (A)(1) of this section and is confined in a jail, workhouse, state correctional institution, or other institution, serving a prison term, term of imprisonment, or other term of confinement for the offense.

(B) "Community control sanction," "jail," and "prison" have the same meanings as in section 2929.01 of the Revised Code.

(C) "Out-of-state violent offender" means a person who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to a violation of any existing or former municipal ordinance or law of another state or the United States, or any existing or former law applicable in a military court or in an Indian tribal court, that is or was substantially equivalent to any offense listed in division (A)(1) of this section.

(D) "Post-release control sanction" and "supervised release" have the same meanings as in section 2950.01 of the Revised Code.

(E) "Change of address" means a change to a violent offender's or out-of-state violent offender's residence address, employment address, or school or institution of higher education address.

(F) "Violent offender database" means the database of violent offenders and out-of-state violent offenders that is established and maintained by the bureau of criminal identification and investigation under division (F)(2) of section 2903.43 of the Revised Code, that is operated by sheriffs under sections 2903.42 and 2903.43 of the Revised Code, and for which sheriffs obtain information from violent offenders and out-of-state violent offenders pursuant to sections 2903.42 and 2903.43 of the Revised Code.

Sec. 2903.42. (A) Each violent offender shall be provided notice of the violent offender's duty to enroll in the violent offender database personally with the sheriff of the county in which the violent offender resides or that sheriff's designee. The following persons shall provide the notice at the following times:

(1) On or after the effective date of this section, the official in charge of a jail, workhouse, state correctional institution, or other institution in which a violent offender is serving a prison term, term of imprisonment, or other term of confinement, or the official's designee, shall provide the notice to the violent offender before the violent offender is released pursuant to any type of supervised release or before the violent offender is otherwise released from the prison term, term of imprisonment, or other term of confinement.

(2) If a violent offender is sentenced on or after the effective date of this section for an offense listed in division (A)(1) of section 2903.41 of the Revised Code and the judge does not sentence the violent offender to a prison term, term of imprisonment, or other term of confinement in a jail, workhouse, state correctional institution, or other institution for that offense, the judge shall provide the notice to the violent offender at the time of the violent offender's sentencing.

(B) The judge, official, or official's designee providing the notice under divisions (A)(1) and (2) of this section shall require the violent offender to read and sign a form stating that the violent offender has received and understands the notice. If the violent offender is unable to read, the judge, official, or official's designee shall inform the violent offender of the violent offender's duties as set forth in the notice and shall certify on the form that the judge, official, or official's designee informed the violent offender of the violent offender's duties and that the violent offender indicated an understanding of those duties.

(C) The attorney general shall prescribe the notice and the form provided under division (B) of this section. The notice shall include notice of the violent offender's duties to re-enroll annually and when the violent offender has a change of address.

(D) The person providing the notice under division (B) of this section shall provide a copy of the notice and signed form to the violent offender. The person providing the notice also shall determine the county in which the violent offender intends to reside and shall provide a copy of the signed form to the sheriff of that county in accordance with rules adopted by the attorney general pursuant to Chapter 119. of the Revised Code.

Sec. 2903.43. (A) Each violent offender who has received notice pursuant to section 2903.42 of the Revised Code shall enroll in the violent offender database personally with the sheriff of the county in which the violent offender resides or that sheriff's designee within the following time periods:

(1) A violent offender who receives notice under division (A)(1) of section 2903.42 of the Revised Code shall enroll in the violent offender database within ten days after the violent offender is released from a jail, workhouse, state correctional institution, or other institution, unless the violent offender is being transferred to the custody of another jail, workhouse, state correctional institution, or other institution. The violent offender is not required to enroll in the violent offender database with any sheriff or designee prior to release.

(2) A violent offender who receives notice under division (A)(2) of section 2903.42 of the Revised Code shall enroll in the violent offender database within ten days after the sentencing hearing.

(B) Each out-of-state violent offender shall enroll in the violent offender database personally with the sheriff of the county in which the out-of-state violent offender resides or that sheriff's designee within ten days after residing in or occupying a dwelling in this state for more than three consecutive days or for an aggregate period in a calendar year of fourteen or more days in that calendar year.

(C)(1) A violent offender or out-of-state violent offender shall enroll in the violent offender database personally with the sheriff of the county in which the offender resides or that sheriff's designee. The enrollee shall obtain from the sheriff or designee a copy of an enrollment form prescribed by the attorney general that conforms to division (C)(2) of this section, shall complete and sign the form, and shall return to the sheriff or designee the completed and signed form together with the identification records required under division (C)(3) of this section.

(2) The enrollment form to be used under division (C)(1) of this section shall include or contain all of the following for the violent offender or out-of-state violent offender who is enrolling:

(a) The violent offender's or out-of-state violent offender's full name and any alias used;

(b) The violent offender's or out-of-state violent offender's residence address;

(c) The violent offender's or out-of-state violent offender's social security number;

(d) Any driver's license number, commercial driver's license number, or state identification card number issued to the violent offender or out-of-state violent offender by this or another state;

(e) The offense that the violent offender or out-of-state violent offender was convicted of or pleaded guilty to;

(f) The name and address of any place where the violent offender or out-of-state violent offender is employed;

(g) The name and address of any school or institution of higher education that the violent offender or out-of-state violent offender is attending;

(h) The identification license plate number of each vehicle owned or operated by the violent offender or out-of-state violent offender or registered in the violent offender's or out-of-state violent offender's name, the vehicle identification number of each vehicle, and a description of each vehicle;

(i) A description of any scars, tattoos, or other distinguishing marks on the violent offender or out-of-state violent offender;

(j) Any other information required by the attorney general.

(3) The violent offender or out-of-state violent offender shall provide fingerprints and palm prints at the time of enrollment. The sheriff or sheriff's designee shall obtain a photograph of the violent offender or out-of-state violent offender at the time of enrollment.

(D)(1) Each violent offender or out-of-state violent offender shall re-enroll in the violent offender database annually, in person, with the sheriff of the county in which the offender resides or that sheriff's designee within ten days prior to the anniversary of the calendar date on which the offender initially enrolled. The enrollee shall re-enroll by completing, signing, and returning to the sheriff or designee a copy of the enrollment form prescribed by the attorney general and described in divisions (C)(1) and (2) of this section, amending any information required under division (C) of this section that has changed since the enrollee's last enrollment, and providing any additional enrollment information required by the attorney general. The sheriff or designee with whom the violent offender or out-of-state violent offender re-enrolls shall obtain a new photograph of the offender annually when the offender re-enrolls. Additionally, if the violent offender's or out-of-state violent offender's most recent enrollment or re-enrollment was with a sheriff or designee of a sheriff of a different county, the offender shall provide written notice of the offender's change of residence address to that sheriff or a designee of that sheriff.

(2)(a) Except as provided in division (D)(2)(b) of this section and section 2903.44 of the Revised Code, the duty of a violent offender or out-of-state violent offender to re-enroll in the violent offender database annually shall continue until the offender's death.

(b) The judge may limit a violent offender's duty to re-enroll in the violent offender database at the offender's sentencing hearing to not less than ten years if the judge receives a request from the prosecutor and the investigating law enforcement agency to consider limiting the violent offender's enrollment period.

(3) The official in charge of a jail, workhouse, state correctional institution, or other institution shall notify the attorney general in accordance with rules adopted by the attorney general pursuant to Chapter 119. of the Revised Code if a violent offender or out-of-state violent offender is confined in the jail, workhouse, state correctional institution, or other institution.

(E) Each violent offender or out-of-state violent offender shall notify the sheriff with whom the offender most recently enrolled or re-enrolled or that sheriff's designee in person within three business days of a change of address.

(F)(1) After a violent offender or out-of-state violent offender enrolls or re-enrolls in the violent offender database with a sheriff or a sheriff's designee pursuant to this section, the sheriff or designee shall forward the offender's signed, written enrollment form, photograph, fingerprints, palm prints, and other materials to the bureau of criminal identification and investigation in accordance with forwarding procedures adopted by the attorney general under division (G) of this section. The bureau shall include the information and materials forwarded to it under this division in the violent offender database established and maintained under division (E)(2) of this section.

(2) The bureau of criminal identification and investigation shall establish and maintain a database of violent offenders and out-of-state violent offenders that includes the information and materials the bureau receives pursuant to division (D)(1) of this section. The bureau shall make the database available to federal, state, and local law enforcement officers. The database of violent offenders and out-of-state violent offenders maintained by the bureau is not a public record under section 149.43 of the Revised Code.

(3)(a) Except as otherwise provided in division (F)(3)(b) of this section, any statements, information, photographs, fingerprints, or materials that are provided by a violent offender or out-of-state violent offender pursuant to this section and that are in the possession of a county sheriff are public records open to public inspection under section 149.43 of the Revised Code.

(b) A violent offender or out-of-state violent offender may file a motion with the court of common pleas in the county in which the offender resides stating that the offender fears for the offender's safety if the statements, information, photographs, fingerprints, or materials provided by the offender pursuant to this section and that are in the possession of a county sheriff are open for public inspection, and requesting the court to issue an order to ban or restrict access to those statements, information, photographs, fingerprints, and materials. A motion filed with a court under this division shall expressly state the reasons for which the violent offender or out-of-state violent offender fears for the offender's safety, shall identify each county in which the offender has enrolled or re-enrolled, and shall provide information and materials in support of the motion. The court, upon the filing of the motion under this division, may determine whether to grant or deny the motion without a hearing or may conduct a hearing to determine whether to grant or deny the motion. The court may grant the motion if it determines, upon review of the motion, the supporting information and materials provided with the motion, and, if the court conducts a hearing, any additional information provided at the hearing, that the offender's or violent offender's fears for the offender's safety are valid and that the interests of justice and the offender's safety require that the motion be granted.

If the court grants the motion, the statements, information, photographs, fingerprints, or materials provided by the offender pursuant to this section and that are in the possession of a county sheriff are not public records open to public inspection under section 149.43 of the Revised Code and the court shall issue an order to that effect. A court that grants a motion and issues an order under this division shall notify the sheriff in each county in which the offender has enrolled or re-enrolled of the issuance of the order, and each of those sheriffs shall comply with the order.

(G) Each sheriff or sheriff's designee with whom a violent offender or out-of-state violent offender enrolls or re-enrolls under this section shall collect an enrollment fee of fifty dollars and an annual re-enrollment fee of twenty-five dollars from each violent offender or out-of-state violent offender who enrolls or re-enrolls with the sheriff or designee. By the last day of March, the last day of June, the last day of September, and the last day of December in each year, each sheriff who collects or whose designee collects any fees under this division in the preceding three-month period shall send to the attorney general the fees collected during that period. The fees shall be used for the maintenance of the database of violent offenders and out-of-state violent offenders. A sheriff or designee may waive a fee for an indigent violent offender or out-of-state violent offender.

(H) The attorney general shall prescribe the forms to be used by violent offenders and out-of-state violent offenders to enroll, re-enroll, and provide notice of a change of address under divisions (A) to (D) of this section. The attorney general shall adopt procedures for sheriffs to use to forward information, photographs, fingerprints, palm prints, and other materials to the bureau of criminal identification and investigation pursuant to division (F)(1) of this section.

(I) The attorney general, in accordance with Chapter 119. of the Revised Code, may adopt rules regarding enrollment dates different than those prescribed in divisions (A), (B), and (D) of this section for any violent offender or out-of-state violent offender who also is an arson offender, as defined in section 2909.13 of the Revised Code, or a sex offender or child-victim offender, both as defined in section 2950.01 of the Revised Code.

(J) Whoever fails to enroll, re-enroll, or notify the sheriff or sheriff's designee of a change of address as required by this section is guilty of a felony of the fifth degree. If a violent offender or out-of-state violent offender 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.

Sec. 2903.44. (A) Pursuant to this section, a violent offender or out-of-state violent offender may file a motion to the court of common pleas of the county in which the offender resides requesting that the court terminate the offender's duty to enroll in the violent offender database after ten years of enrollment in the violent offender database.

(B) A violent offender or out-of-state violent offender who makes a motion under division (A) of this section shall include with the motion all of the following:

(1) A certified copy of the judgment entry and any other documentation of the sentence or disposition given for the offense or offenses for which the offender was enrolled in the violent offender database;

(2) Documentation of the date of the offender's discharge from supervision or release, whichever is applicable;

(3) Evidence that the offender has not been convicted of or pleaded guilty to any criminal offense within ten years of the offender's original enrollment in the violent offender database, except that this division does not apply with respect to any conviction of or plea of guilty to a minor misdemeanor traffic offense;

(4) Evidence that the eligible offender has paid all financial sanctions imposed upon the offender pursuant to section 2929.18 or 2929.28 of the Revised Code.

(C) Upon the filing of a motion pursuant to division (A) of this section, the offender shall serve a copy of the motion on the prosecutor who handled the offender's underlying case.

Upon the filing of the motion, the court shall set a tentative date for a hearing on the motion that, except as otherwise provided in this division, is not later than one hundred eighty days after the date on which the motion is filed. The court may set a tentative date for a hearing that is later than that specified time if good cause exists to hold the hearing at a later date. The court shall notify the offender and the prosecutor of the date, time, and place of the hearing. The court shall forward a copy of the motion and its supporting documentation to the court's probation department or another appropriate agency to investigate the merits of the motion. The probation department or agency shall submit a written report detailing its investigation to the court within sixty days after receiving the motion and supporting documentation.

Upon receipt of the written report from the probation department or other appropriate agency, the court shall forward a copy of the motion, the supporting documentation, and the written report to the prosecutor.

(D)(1) After the prosecutor is served with a copy of the motion as described in division (C) of this section, the prosecutor shall notify the victim of any offense for which the offender is enrolled in the violent offender database. The victim may submit a written statement to the prosecutor regarding any knowledge the victim has of the offender's conduct while subject to enrollment.

(2) At least seven days before the hearing date, the prosecutor may file an objection to the motion with the court and serve a copy of the objection to the motion to the offender or the offender's attorney.

(E) In determining whether to grant a motion made under division (A) of this section, the court shall consider the evidence that accompanies the motion described in division (B) of this section, shall consider the written report submitted pursuant to division (C) of this section, and may consider any other evidence the court considers relevant, including, but not limited to, evidence of the following during the period while the offender has been enrolled in the violent offender database:

(1) Whether the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege has ever been suspended during that period;

(2) Whether the offender during that period has maintained financial responsibility for a motor vehicle as required by section 4509.101 of the Revised Code;

(3) Whether the offender during that period has satisfied any child or spousal support obligations, if applicable;

(4) Whether the offender during that period has paid all local, state, and federal income taxes, and has timely filed all associated income tax returns, as required by local, state, or federal law;

(5) Whether the offender during that period has maintained a residence for a substantial period of time;

(6) Whether the offender during that period has maintained employment or, if the offender has not been employed, whether the offender during that period has satisfied the offender's financial obligations through other manners of support such as disability payments, a pension, spousal or child support, or scholarships or grants;

(7) Whether the offender during that period has adequately addressed any drug or alcohol abuse or addiction;

(8) Letters of reference regarding the offender during that period;

(9) Documentation of the offender's service during that period to the community or to specific individuals in need.

(F)(1) The court, without a hearing, may issue an order denying the offender's motion to terminate the offender's duty to enroll in the violent offender database if the court, after considering the evidence submitted with the motion, the written report submitted pursuant to division (C) of this section, and the other evidence it considers relevant, finds that the duty should not be terminated.

(2) If the prosecutor does not file an objection to the offender's application as provided in division (D)(2) of this section, the court, without a hearing, may issue an order that terminates the eligible offender's duty to enroll in the violent offender database if the court, after considering the evidence submitted with the motion, the written report submitted pursuant to division (C) of this section, and the other evidence it considers relevant, finds that the duty should be terminated. This division does not apply if the prosecutor files an objection to the offender's application as provided in division (D)(2) of this section.

(3) If the court does not issue an order under division (F)(1) or (2) of this section, the court shall hold a hearing to determine whether to grant or deny the motion. At the hearing, the Rules of Civil Procedure apply, except to the extent that those Rules would by their nature be clearly inapplicable. At the hearing, the offender has the burden of going forward with the evidence and the burden of proof by a preponderance of the evidence that the duty should be terminated. If, after considering the evidence submitted with the motion, the written report submitted pursuant to division (C) of this section, and any other evidence it considers relevant the court finds that the offender has satisfied the burden of proof described in this division, the court shall issue an order that terminates the offender's duty to enroll in the violent offender database. If the court finds that the offender has not satisfied the burden of proof, the court shall issue an order denying the motion.

(4)(a) Upon its issuance of an order under division (F)(1), (2), or (3) of this section, the court shall provide prompt notice of the order to the offender or the offender's attorney.

(b) If the court issues an order under division (F)(2) or (3) of this section terminating the offender's duty to enroll in the violent offender database, the court shall promptly forward a copy of the order to the bureau of criminal identification and investigation. Upon receipt of the order, the bureau shall update all records pertaining to the offender to reflect the termination order. The bureau also shall provide notice of the issuance of the termination order to every sheriff with whom the offender has most recently enrolled or re-enrolled.

Section 2. This act shall be known as "Sierah's Law."