Honorable Senator Manning:
I enjoyed your succinct presentation of Senate Bill 288 Tuesday. I would like to take the opportunity to comment on the effect of the bill on individuals convicted of a sexual offense, their families, and the community in general. I would also like a place at the table when these issues arise for testimony in the Senate Judiciary Committee. I identified the following issues in my first cursory review of SB 288:
- The new offense of “aggravated rape” is not consistent with the spirit or the letter of the Recod recommendations, which would have reduced rape and sexual battery to Tier II offenses.
- Clarification is needed in lines 22631-22637 regarding record sealing for convictions of a sexual nature after 2008; these provisions should clarify that record sealing is available for offenses after that date upon termination of the duty to register under R.C. 2950.15 and 2950.151. (Termination under R.C. 2950.151 was not available at the time Representative Rogers drafted his record sealing bill).
- SB 288 is the perfect opportunity to reflect the ruling in In re: C.P, 131 Ohio St.3d 51, https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2012/2012-ohio-1446.pdf that “public registry qualified juvenile offender registrants” cannot be required to register publicly; therefore, that language should be removed from the Code.
- I also question the inclusion of “arson” as a registerable offense under Chapter 2950 “Sexual Predators, Habitual Offenders and Sexually Oriented Offenders.”
- There is also one typo in the arson definitions at line 5919: the reference to aggravated rape shgould be R.C. 2907.011.
In addition, I would like to meet with you to discuss an amendment to former SB 47. You may recall speaking with me about adding the provisions of SC2387X1, attached, to SB 288. Representative Ray and Representative Seitz are drafting a new amendment. I will contact you once the new amendment has been drafted.
Barbara E. Wright, Attorney at Law