Bill
SB 422
Prohibits known Tier II/III sex offenders from knowingly being on school or child-care premises, with limited exceptions and mandatory offender notification.
Proposed prohibition on certain offenders being on school or child care premises
Sections overview:
- Amends: Revised Code sections 2950.13, 2950.99, 3314.03, 3326.11, 3328.24
- Enacts: new sections 2950.036, 2950.044, 3313.475
- Repeals: sections 2950.13, 2950.99, 3314.03, 3326.11, 3328.24 (existing language repealed and replaced by harmonized versions)
- Effective scope: Applies to tier II and tier III sex offender/child-victim offenders
Purpose and intent
- The primary aim is to prohibit knowingly present on school premises or preschool/child-care center premises by tier II or tier III sex offenders/child-victim offenders.
- Creates affirmative defenses and establishes notification, enforcement, and administrative procedures to implement the prohibition.
Key provisions and changes
1) Prohibition on presence (new section 2950.036)
- Prohibited persons: Individuals 18+ who are classified as tier II or tier III sex offender/child-victim offenders (per sections F or G of 2950.01) may not knowingly be on school premises or preschool/child-care center premises.
- Legitimate purposes (defined):
- Drop-off/pick-up before/after school or care sessions
- Attendance at school-sponsored or program-sponsored activities
- Medical emergencies, illnesses, appointments
- Parent-teacher conferences or meetings after regular school hours
- Affirmative defense:
- Allowed if the person is a parent/guardian on legitimate premises or present under a court order.
- Ineligible if the person has two or more prior violations of this section.
- Voting note: If on school premises due to the prohibition, voters who are registered electors may vote outside regular school hours, by absent ballot, or via other permitted methods.
2) Offender notification (new section 2950.044)
- Sheriff must provide written notice to tier II/III offenders prohibited from being on premises, including the legitimate purposes allowed.
- Notice timing:
- At time of initial offender registration (2950.04/2950.041/2950.05/2950.06) or at the next sheriff contact if already registered under the effective date.
- Purpose: Ensure offenders are aware of their on-premises restrictions and permissible activities.
3) Public and internal registry context (section 2950.13 and related)
- Maintains and updates the state sex offender/child-victim offender registry with extensive data elements (offense history, tier, status, fingerprints, DNA, etc.), but specifically aligns to inform about the 2950.036 restrictions.
- Includes statutory framework for rulemaking, inter-agency coordination, and public or restricted access elements tied to registries and notices.
- Establishes rules and procedures for notifying neighbors and providing victim notices where applicable (per existing registry provisions).
4) Local school and district obligations (sections 3313.475, 3314.03, 3326.11, 3328.24)
- 3313.475: Districts or charter/nonchartered nonpublic schools must provide reasonable off-site or remote alternatives for meetings with parents prohibited from being on school premises.
- 3314.03, 3326.11, 3328.24: Contracts and governance for community schools (sponsors, oversight, reporting) to reflect harmonized provisions and ensure compliance with the new safety-related restrictions.
- Expanded compliance expectations for sponsor obligations, financial oversight, and intergovernmental communications.
5) Penalties and enforcement (section 2950.99)
- Establishes penalties for violations of the on-premises prohibition (2950.036) aligned to the most serious related offense (classifications up to first-degree felonies for severe violations; adjustments for prior offenses and repeated violations).
- Adds conditional enhancements if the offender has prior violations or is under supervised release at the time of violation.
6) Miscellaneous and technical provisions
- Section 3313.475 requires schools to offer off-site/remote meeting options, ensuring communication with prohibited individuals’ families is feasible.
- Sections referenced incorporate cross-compatibility with various education and safety-related statutory provisions to harmonize the state’s framework.
Affected parties and potential impacts
Procedural and timeline aspects
Bottom line
SB 422 strengthens protections in Ohio’s school and child-care environment by prohibiting known Tier II and Tier III sex offender/child-victim offenders from knowingly being on school or child-care premises, with narrowly defined legitimate justifications and affirmative defenses. It enhances offender notification, registry transparency, and school district responsibilities, while coordinating with existing governance and sponsorship structures for community schools and similar entities.
Compiled from official sources — confirm details with the bill’s official record.
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