Bill Text: OH SB299 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To define "final discharge" for purposes of the law governing the sealing of criminal records when used in connection with an offender who was convicted of an offense involving misconduct in public office.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2012-02-14 - To Judiciary [SB299 Detail]
Download: Ohio-2011-SB299-Introduced.html
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Senator Jordan
Cosponsors:
Senators Brown, Eklund, Schaffer
| To amend section 2953.31 of the Revised Code to | 1 |
| define "final discharge" for purposes of the law | 2 |
| governing the sealing of criminal records when | 3 |
| used in connection with an offender who was | 4 |
| convicted of an offense involving misconduct in | 5 |
| public office. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 2953.31 of the Revised Code be | 7 |
| amended to read as follows: | 8 |
| Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the | 9 |
| Revised Code: | 10 |
| (A) "First offender" means anyone who has been convicted of | 11 |
| an offense in this state or any other jurisdiction and who | 12 |
| previously or subsequently has not been convicted of the same or a | 13 |
| different offense in this state or any other jurisdiction. When | 14 |
| two or more convictions result from or are connected with the same | 15 |
| act or result from offenses committed at the same time, they shall | 16 |
| be counted as one conviction. When two or three convictions result | 17 |
| from the same indictment, information, or complaint, from the same | 18 |
| plea of guilty, or from the same official proceeding, and result | 19 |
| from related criminal acts that were committed within a | 20 |
| three-month period but do not result from the same act or from | 21 |
| offenses committed at the same time, they shall be counted as one | 22 |
| conviction, provided that a court may decide as provided in | 23 |
| division (C)(1)(a) of section 2953.32 of the Revised Code that it | 24 |
| is not in the public interest for the two or three convictions to | 25 |
| be counted as one conviction. | 26 |
| For purposes of, and except as otherwise provided in, this | 27 |
| division, a conviction for a minor misdemeanor, for a violation of | 28 |
| any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the | 29 |
| Revised Code, or for a violation of a municipal ordinance that is | 30 |
| substantially similar to any section in those chapters is not a | 31 |
| previous or subsequent conviction. However, a conviction for a | 32 |
| violation of section 4511.19, 4511.251, 4549.02, 4549.021, | 33 |
| 4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of | 34 |
| the Revised Code, for a violation of section 4510.11 or 4510.14 of | 35 |
| the Revised Code that is based upon the offender's operation of a | 36 |
| vehicle during a suspension imposed under section 4511.191 or | 37 |
| 4511.196 of the Revised Code, for a violation of a substantially | 38 |
| equivalent municipal ordinance, for a felony violation of Title | 39 |
| XLV of the Revised Code, or for a violation of a substantially | 40 |
| equivalent former law of this state or former municipal ordinance | 41 |
| shall be considered a previous or subsequent conviction. | 42 |
| (B) "Prosecutor" means the county prosecuting attorney, city | 43 |
| director of law, village solicitor, or similar chief legal | 44 |
| officer, who has the authority to prosecute a criminal case in the | 45 |
| court in which the case is filed. | 46 |
| (C) "Bail forfeiture" means the forfeiture of bail by a | 47 |
| defendant who is arrested for the commission of a misdemeanor, | 48 |
| other than a defendant in a traffic case as defined in Traffic | 49 |
| Rule 2, if the forfeiture is pursuant to an agreement with the | 50 |
| court and prosecutor in the case. | 51 |
| (D) "Official records" has the same meaning as in division | 52 |
| (D) of section 2953.51 of the Revised Code. | 53 |
| (E) "Official proceeding" has the same meaning as in section | 54 |
| 2921.01 of the Revised Code. | 55 |
| (F) "Community control sanction" has the same meaning as in | 56 |
| section 2929.01 of the Revised Code. | 57 |
| (G) "Post-release control" and "post-release control | 58 |
| sanction" have the same meanings as in section 2967.01 of the | 59 |
| Revised Code. | 60 |
| (H) "DNA database," "DNA record," and "law enforcement | 61 |
| agency" have the same meanings as in section 109.573 of the | 62 |
| Revised Code. | 63 |
| (I) "Fingerprints filed for record" means any fingerprints | 64 |
| obtained by the superintendent of the bureau of criminal | 65 |
| identification and investigation pursuant to sections 109.57 and | 66 |
| 109.571 of the Revised Code. | 67 |
| (J) "Final discharge," when used in connection with an | 68 |
| offender who was convicted of a violation of section 2921.43 of | 69 |
| the Revised Code or any other offense involving misconduct in | 70 |
| public office, means a release from all obligations and | 71 |
| satisfaction of all conditions imposed by the sentencing, agreed | 72 |
| to by the offender at sentencing, or imposed by statute as a | 73 |
| consequence of the offense. | 74 |
| Section 2. That existing section 2953.31 of the Revised Code | 75 |
| is hereby repealed. | 76 |
