As Introduced

133rd General Assembly

Regular Session S. B. No. 217

2019-2020

A BILL

To enact sections 2950.18 and 4503.237 of the Revised Code to create a SORN Law license plate and to require all Tier II and Tier III sex offender and child-victim offenders to display such license plates when operating a vehicle in this state.

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

Section 1. That sections 2950.18 and 4503.237 of the Revised Code be enacted to read as follows:

Sec. 2950.18. (A) As used in this section:

(1) "Registered offender" means an offender or delinquent child who is classified as a tier II sex offender/child-victim offender or a tier III sex offender/child-victim offender.

(2) "SORN law license plates" means the sex offender registration and notification law license plates as described in section 4503.237 of the Revised Code.

(3) "SORN law decal" means the sex offender registration and notification law decal as described in section 4503.237 of the Revised Code.

(4) "Vehicular travel" means operating a vehicle on the public roads or highways or on any public or private property used by the public for purposes of vehicular travel or parking.

(B) With regard to any registered offender, the sentencing court shall issue an order prohibiting the offender from vehicular travel unless the vehicle the registered offender is operating displays SORN law license plates or a SORN law decal. The sentencing court shall issue the order regardless of whether the registered offender committed the offense that resulted in that classification prior to, on, or after the effective date of this section. The sentencing court shall issue the order at the time of sentencing. However, if the registered offender was sentenced prior to the effective date of this section, the sentencing court shall issue the order as soon as is practicable after that date.

(C) The sentencing court shall issue the order as required under this section even if an order has previously been issued to the registered offender under this section for a separate offense. If the registered offender has received more than one order under this section, the period of time during which the orders remain in effect shall be separately calculated for each offense and shall be complied with independently. An order issued under this section remains in effect for the applicable period of time the registered offender is required to register under division (B) of section 2950.07 of the Revised Code with regard to the offense for which the order was issued.

(D) Upon the issuance of an order under this section, the sentencing court shall send a copy of the order to the registrar of motor vehicles.

Sec. 4503.237. (A) Except as otherwise provided in division (B) of this section, no person who is required to obtain sex offender registration and notification law (SORN law) license plates pursuant to an order issued under section 2950.18 of the Revised Code shall operate a vehicle upon the public roads or highways or upon any public or private property used by the public for purposes of vehicular travel without displaying such plates during the period the order is in effect.

(B)(1) If a person is required to obtain SORN law license plates pursuant to an order issued under section 2950.18 of the Revised Code, the person may operate a motor vehicle that is owned by the person's employer if the person is required to operate that motor vehicle in the course and scope of the person's employment. Such a person may operate that vehicle without displaying on that vehicle SORN law license plates issued under this section if the employer has been notified that the person is subject to the order and if the person has proof of the employer's notification in the person's possession while operating the employer's vehicle for normal business duties. A motor vehicle owned by a business that is partly or entirely owned or controlled by the person is not a motor vehicle owned by an employer for purposes of this division.

(2) If a person is required to obtain SORN law license plates pursuant to an order issued under section 2950.18 of the Revised Code and if the motor vehicle to be operated by the person is registered in a state other than this state, the person may operate that vehicle without displaying SORN law license plates only if the person displays on that vehicle a SORN law decal, as prescribed by the registrar of motor vehicles. The SORN law decal shall state that the person is subject to the order and describe the nature and basis of the order. The person shall display the SORN law decal on the bottom left corner of the back window of the vehicle or, if there is no back window, on the bottom left corner of the windshield of the vehicle.

(3) If a person is required to obtain SORN law license plates pursuant to an order issued under section 2950.18 of the Revised Code and a temporary license placard or windshield sticker has been issued for the vehicle that will be operated by the person under section 4503.182 of the Revised Code, the person may operate the vehicle until the person is provided the SORN law license plates or until the expiration of the forty-five-day period in section 4503.182 of the Revised Code, whichever is earlier.

(C)(1) Upon the presentation of an order issued under section 2950.18 of the Revised Code by the person subject to the order, the registrar shall issue SORN law license plates or a SORN law decal to the person, as applicable. The SORN law license plates or the SORN law decal may be issued for any vehicle registered in the name of the person and for any vehicle that the person intends to operate. If the SORN law license plates or the SORN law decal are issued for a vehicle not registered in the name of the person who is subject to the order, the registered owner of the vehicle shall consent to the use of the vehicle by the person and the issuance of the SORN law license plates or the SORN law decal.

(2) SORN law license plates shall bear a distinctive fluorescent green background and carry a special serial number that may be readily identified by law enforcement officers. The registrar shall designate the distinctive fluorescent green color and serial number to be used on SORN law license plates, which shall remain the same from year to year and shall not be displayed on any other motor vehicles.

The registrar shall adopt rules providing for the decentralization of the issuance of the SORN law license plates and the SORN law decals under this section. The rules shall provide for the issuance of the SORN law license plates and the SORN law decals by at least one deputy registrar in each county.

(D) No person operating a motor vehicle displaying SORN law license plates as described in this section shall disguise or obscure the color of the plates.

(E) Whoever violates this section is guilty of a minor misdemeanor.

(F) The offenses established under this section are strict liability offenses and section 2901.20 of the Revised Code does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.