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As Re-Referred to the Senate Judiciary Committee
136th
General Assembly
Regular
Session
Sub. H. B. No. 102
2025-2026
Representatives Klopfenstein,
Williams
Cosponsors: Representatives Bird,
Click, Miller, K., Claggett, Deeter, Johnson, Robb Blasdel, John,
Newman, Daniels, Brennan, Richardson, Hiner, King, Schmidt, Miller,
M., Santucci, Mathews, T., McClain, Abrams, Willis, Barhorst, Creech,
Dovilla, Ghanbari, Gross, Hall, D., Hall, T., Holmes, Hoops, Kishman,
LaRe, Manning, Mathews, A., Odioso, Oelslager, Peterson, Sigrist,
Stephens, Stewart, Thomas, D., White, A., Workman, Young
To
amend sections 1923.02, 2950.99, 5321.03, and 5321.051; to amend, for
the purpose of adopting a new section number as indicated in
parentheses, section 2950.035 (2950.036); and to enact section
2950.035 of the Revised Code
to
prohibit a sex offender or a child-victim offender from residing
within 2,000 feet of the residence of the victim and from loitering
within 1,000 feet of the residence of the victim.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 1923.02, 2950.99, 5321.03, and 5321.051 be amended; section
2950.035 (2950.036) be amended for the purpose of adopting a new
section number as indicated in parentheses; and section 2950.035 of
the Revised Code be enacted to read as follows:
Sec.
1923.02.
(A)
Proceedings under this chapter may be had as follows:
(1)
Against tenants or manufactured home park residents holding over
their terms;
(2)
Against tenants or manufactured home park residents in possession
under an oral tenancy, who are in default in the payment of rent as
provided in division (B) of this section;
(3)
In sales of real estate, on executions, orders, or other judicial
process, when the judgment debtor was in possession at the time of
the rendition of the judgment or decree, by virtue of which the sale
was made;
(4)
In sales by executors, administrators, or guardians, and on
partition, when any of the parties to the complaint were in
possession at the commencement of the action, after the sales, so
made on execution or otherwise, have been examined by the proper
court and adjudged legal;
(5)
When the defendant is an occupier of lands or tenements, without
color of title, and the complainant has the right of possession to
them;
(6)
In any other case of the unlawful and forcible detention of lands or
tenements. For purposes of this division, in addition to any other
type of unlawful and forcible detention of lands or tenements, such a
detention may be determined to exist when both of the following
apply:
(a)
A tenant fails to vacate residential premises within three days after
both of the following occur:
(i)
The tenant's landlord has actual knowledge of or has reasonable cause
to believe that the tenant, any person in the tenant's household, or
any person on the premises with the consent of the tenant previously
has or presently is engaged in a violation of Chapter 2925. or 3719.
of the Revised Code, or of a municipal ordinance that is
substantially similar to any section in either of those chapters,
which involves a controlled substance and which occurred in, is
occurring in, or otherwise was or is connected with the premises,
whether or not the tenant or other person has been charged with, has
pleaded guilty to or been convicted of, or has been determined to be
a delinquent child for an act that, if committed by an adult, would
be a violation as described in this division. For purposes of this
division, a landlord has "actual knowledge of or has reasonable
cause to believe" that a tenant, any person in the tenant's
household, or any person on the premises with the consent of the
tenant previously has or presently is engaged in a violation as
described in this division if a search warrant was issued pursuant to
Criminal Rule 41 or Chapter 2933. of the Revised Code; the affidavit
presented to obtain the warrant named or described the tenant or
person as the individual to be searched and particularly described
the tenant's premises as the place to be searched, named or described
one or more controlled substances to be searched for and seized,
stated substantially the offense under Chapter 2925. or 3719. of the
Revised Code or the substantially similar municipal ordinance that
occurred in, is occurring in, or otherwise was or is connected with
the tenant's premises, and states the factual basis for the affiant's
belief that the controlled substances are located on the tenant's
premises; the warrant was properly executed by a law enforcement
officer and any controlled substance described in the affidavit was
found by that officer during the search and seizure; and, subsequent
to the search and seizure, the landlord was informed by that or
another law enforcement officer of the fact that the tenant or person
has or presently is engaged in a violation as described in this
division and it occurred in, is occurring in, or otherwise was or is
connected with the tenant's premises.
(ii)
The landlord gives the tenant the notice required by division (C) of
section 5321.17 of the Revised Code.
(b)
The court determines, by a preponderance of the evidence, that the
tenant, any person in the tenant's household, or any person on the
premises with the consent of the tenant previously has or presently
is engaged in a violation as described in division (A)(6)(a)(i) of
this section.
(7)
In cases arising out of Chapter 5313. of the Revised Code. In those
cases, the court has the authority to declare a forfeiture of the
vendee's rights under a land installment contract and to grant any
other claims arising out of the contract.
(8)
Against tenants who have breached an obligation that is imposed by
section 5321.05 of the Revised Code, other than the obligation
specified in division (A)(9) of that section, and that materially
affects health and safety. Prior to the commencement of an action
under this division, notice shall be given to the tenant and
compliance secured with section 5321.11 of the Revised Code.
(9)
Against tenants who have breached an obligation imposed upon them by
a written rental agreement;
(10)
Against manufactured home park residents who have defaulted in the
payment of rent or breached the terms of a rental agreement with a
park operator. Nothing in this division precludes the commencement of
an action under division (A)(12) of this section when the additional
circumstances described in that division apply.
(11)
Against manufactured home park residents who have committed two
material violations of the rules of the manufactured home park, of
the division of industrial compliance of the department of commerce,
or of applicable state and local health and safety codes and who have
been notified of the violations in compliance with section 4781.45 of
the Revised Code;
(12)
Against a manufactured home park resident, or the estate of a
manufactured home park resident, who as a result of death or
otherwise has been absent from the manufactured home park for a
period of thirty consecutive days prior to the commencement of an
action under this division and whose manufactured home or mobile
home, or recreational vehicle that is parked in the manufactured home
park, has been left unoccupied for that thirty-day period, without
notice to the park operator and without payment of rent due under the
rental agreement with the park operator;
(13)
Against occupants of self-service storage facilities, as defined in
division (A) of section 5322.01 of the Revised Code, who have
breached the terms of a rental agreement or violated section 5322.04
of the Revised Code;
(14)
Against any resident or occupant who, pursuant to a rental agreement,
resides in or occupies residential premises located within one
thousand feet of any school premises, preschool or child care center
premises, children's crisis care facility premises, or residential
infant care center premises and to whom both of the following apply:
(a)
The resident's or occupant's name appears on the state registry of
sex offenders and child-victim offenders maintained under section
2950.13 of the Revised Code.
(b)
The state registry of sex offenders and child-victim offenders
indicates that the resident or occupant was convicted of or pleaded
guilty to a sexually oriented offense or a child-victim oriented
offense in a criminal prosecution and was not sentenced to a serious
youthful offender dispositional sentence for that offense.
(15)
Against any tenant who permits any person to occupy residential
premises located within one thousand feet of any school premises,
preschool or child care center premises, children's crisis care
facility premises, or residential infant care center premises if both
of the following apply to the person:
(a)
The person's name appears on the state registry of sex offenders and
child-victim offenders maintained under section 2950.13 of the
Revised Code.
(b)
The state registry of sex offenders and child-victim offenders
indicates that the person was convicted of or pleaded guilty to a
sexually oriented offense or a child-victim oriented offense in a
criminal prosecution and was not sentenced to a serious youthful
offender dispositional sentence for that offense.
(16)
Against any resident or occupant who, pursuant to a rental agreement,
resides in or occupies residential premises located within two
thousand feet of the residential premises of the victim of the
sexually oriented offense or child-victim oriented offense that was
committed by the resident or occupant if both of the following apply:
(a)
The resident's or occupant's name appears on the state registry of
sex offenders and child-victim offenders maintained under section
2950.13 of the Revised Code.
(b)
The state registry of sex offenders and child-victim offenders
indicates that the resident or occupant was convicted of or pleaded
guilty to the sexually oriented offense or child-victim oriented
offense in a criminal prosecution and was not sentenced to a serious
youthful offender dispositional sentence for that offense.
(17)
Against any tenant who permits any person to occupy residential
premises located within two thousand feet of the residential premises
of the victim of the sexually oriented offense or child-victim
oriented offense that was committed by the person permitted to occupy
the residential premises if both of the following apply to the
person:
(a)
The person's name appears on the state registry of sex offenders and
child-victim offenders maintained under section 2950.13 of the
Revised Code.
(b)
The state registry of sex offenders and child-victim offenders
indicates that the person was convicted of or pleaded guilty to the
sexually oriented offense or child-victim oriented offense in a
criminal prosecution and was not sentenced to a serious youthful
offender dispositional sentence for that offense.
(B)
If a tenant or manufactured home park resident holding under an oral
tenancy is in default in the payment of rent, the tenant or resident
forfeits the right of occupancy, and the landlord may, at the
landlord's option, terminate the tenancy by notifying the tenant or
resident, as provided in section 1923.04 of the Revised Code, to
leave the premises, for the restitution of which an action may then
be brought under this chapter.
(C)(1)
If a tenant or any other person with the tenant's permission resides
in or occupies residential premises that are located within one
thousand feet of any school premises, children's crisis care facility
premises, or residential infant care center premises and is a
resident or occupant of the type described in division (A)(14) of
this section or a person of the type described in division (A)(15) of
this section, the landlord for those residential premises, upon
discovery that the tenant or other person is a resident, occupant, or
person of that nature, may terminate the rental agreement or tenancy
for those residential premises by notifying the tenant and all other
occupants, as provided in section 1923.04 of the Revised Code, to
leave the premises.
(2)
If a landlord is authorized to terminate a rental agreement or
tenancy pursuant to division (C)(1) of this section but does not so
terminate the rental agreement or tenancy, the landlord is not liable
in a tort or other civil action in damages for any injury, death, or
loss to person or property that allegedly result from that decision.
(D)
This chapter does not apply to a student tenant as defined by
division (H) of section 5321.01 of the Revised Code when the college
or university proceeds to terminate a rental agreement pursuant to
section 5321.031 of the Revised Code.
(E)
As used in this section, "children's crisis care facility
premises" and "residential infant care center premises"
have the same meanings as in section 2950.034 of the Revised Code.
Sec.
2950.035.
(A)
Subject to divisions (E) and (F) of this section, no sex offender or
child-victim offender shall knowingly establish a residence or occupy
a residential premises within two thousand feet of the residential
premises of the victim of the sexually oriented offense or
child-victim oriented offense that was committed by the sex offender
or child-victim offender.
(B)
Subject to divisions (E) and (F) of this section, no sex offender or
child-victim offender shall knowingly loiter within one thousand feet
of the residential premises of the victim of the sexually oriented
offense or child-victim oriented offense that was committed by the
sex offender or child-victim offender.
(C)(1)
If a sex offender or child-victim offender violates division (A) of
this section by establishing a residence or occupying a residential
premises within two thousand feet of the residential premises of the
victim of the sexually oriented offense or child-victim oriented
offense that was committed by the sex offender or child-victim
offender, an owner or lessee of real property that is located within
two thousand feet of the residential premises of the victim of the
sexually oriented offense or child-victim oriented offense, or the
prosecuting attorney, village solicitor, city or township director of
law, similar chief legal officer of a municipal corporation or
township, or official designated as a prosecutor in a municipal
corporation that has jurisdiction over the place at which the sex
offender or child-victim offender establishes the residence or
occupies the residential premises in question, has a cause of action
for injunctive relief against the sex offender or child-victim
offender. The plaintiff is not required to prove irreparable harm in
order to obtain the relief.
(2)
If a sex offender or child-victim offender violates division (B) of
this section by loitering within one thousand feet of the residential
premises of the victim of the sexually oriented offense or
child-victim oriented offense that was committed by the sex offender
or child-victim offender, an owner or lessee of real property that is
located within one thousand feet of the residential premises of the
victim of the sexually oriented offense or child-victim oriented
offense, or the prosecuting attorney, village solicitor, city or
township director of law, similar chief legal officer of a municipal
corporation or township, or official designated as a prosecutor in a
municipal corporation that has jurisdiction over the place at which
the sex offender or child-victim offender loiters, has a cause of
action for injunctive relief against the sex offender or child-victim
offender. The plaintiff is not required to prove irreparable harm in
order to obtain the relief.
(D)(1)
Upon the filing of a cause of action for injunctive relief under this
section, the court shall set a date for a hearing and shall notify
the prosecutor for the case of the hearing. The prosecutor shall
provide timely notice of the filing of the cause of action for
injunctive relief and the date of the hearing to the victim of the
sexually oriented offense or child-victim oriented offense that was
committed by the sex offender or child-victim offender. If the victim
of the sexually oriented offense or child-victim oriented offense
that was committed by the sex offender or child-victim offender is
eighteen years of age or older, the victim of the sexually oriented
offense or child-victim oriented offense that was committed by the
sex offender or child-victim offender may object to the granting of
injunctive relief by doing either of the following:
(a)
Filing a written objection with the court not later than thirty days
after the filing of the cause of action for injunctive relief. The
victim of the sexually oriented offense or child-victim oriented
offense that was committed by the sex offender or child-victim
offender shall specify in the objection the reasons for believing a
denial of the injunctive relief is justified.
(b)
Appearing at the hearing and being heard orally, in writing, or both.
(2)
At the hearing, the court shall determine whether or not to grant
injunctive relief. If the victim of the sexually oriented offense or
child-victim oriented offense that was committed by the sex offender
or child-victim offender is eighteen years of age or older, and if
the victim of the sexually oriented offense or child-victim oriented
offense that was committed by the sex offender or child-victim
offender objected, the court shall consider the reasons against
granting the injunctive relief specified by the victim of the
sexually oriented offense or child-victim oriented offense that was
committed by the sex offender or child-victim offender in the
objection in making that determination.
(E)
Nothing in this section shall be construed to require any person to
sell or otherwise dispose of any residential premises acquired or
owned prior to the conviction of the person as a sex offender or a
child-victim offender.
(F)
This section does not apply if the victim of the sexually oriented
offense or child-victim oriented offense that was committed by the
sex offender or child-victim offender establishes a residence or
occupies a residential premises within two thousand feet of the
residential premises of the sex offender or child-victim offender.
Sec.
2950.035
2950.036
.
(A)(1)
Regardless of whether the person committed the person's sexually
oriented offense or child-victim oriented offense prior to, on, or
after the effective date of this section, no person who is in a
restricted offender category shall do either of the following:
(a)
On or after the effective date of this section, commence service in a
position as a volunteer with any person, group, or organization, in a
capacity affording extensive contact with minor children;
(b)
If the person was in the position prior to the effective date of this
section, at any time after the expiration of ninety days after the
effective date of this section, serve in a position as a volunteer
with any person, group, or organization, in a capacity affording
extensive contact with minor children.
(2)
No person shall violate division (A)(1) of this section at any time
after an injunction has been obtained against the person under
division (B)(2) of this section with respect to a violation of
division (A)(1) of this section.
(3)
A violation of division (A)(1) of this section that is not also a
violation of division (A)(2) of this section is subject to injunctive
relief as described in division (B)(2) of this section. A violation
of division (A)(2) of this section is a criminal offense and is
subject to the penalties specified in section 2950.99 of the Revised
Code.
(4)
The application of division (A)(1) of this section to a person who
committed the person's sexually oriented offense or child-victim
oriented offense prior to the effective date of this section is
procedural and remedial, pertains to conduct of the person occurring
on or after that date, and does not impose punishment on the person
for the sexually oriented offense or child-victim oriented offense.
(B)(1)
If a law enforcement agency, based on a report made to the agency by
any person or based on its own investigation, finds that a person to
whom division (A) of this section applies is violating that division,
the agency shall report that finding to the prosecuting authority.
(2)
A prosecuting authority, upon receipt of a report under division
(B)(1) of this section, has a cause of action for injunctive relief
against the person for the violation if the violation is of division
(A)(1) of this section and may bring an action to obtain the
injunctive relief. The plaintiff shall not be required to prove
irreparable harm in order to obtain the relief. A prosecuting
authority, upon receipt of a report under division (B)(1) of this
section, may proceed with a criminal prosecution for the violation if
the violation is of division (A)(2) of this section.
(C)
As used in this section:
(1)
"Capacity affording extensive contact with minor children"
means any capacity in which a person would be working directly and in
an unaccompanied setting with minor children on more than an
incidental and occasional basis or would have supervision or
disciplinary power over minor children.
(2)
"Prosecuting authority" means the prosecuting attorney,
village solicitor, city or township director of law, similar chief
legal officer of a municipal corporation or township, or official
designated as a prosecutor in a municipal corporation that has
jurisdiction over the place at which a person serves in a position in
violation of division (A)(1) or (2) of this section.
(3)
"Working directly and in an unaccompanied setting"
includes, but is not limited to, providing goods or services to
minors.
Sec.
2950.99.
(A)(1)(a)
Except as otherwise provided in division (A)(1)(b) of this section,
whoever violates a prohibition in section 2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised Code shall be punished as follows:
(i)
If the most serious sexually oriented offense that was the basis of
the registration, notice of intent to reside, change of address
notification, or address verification requirement that was violated
under the prohibition is aggravated murder or murder if committed by
an adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the first degree.
(ii)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
felony of the first, second, third, or fourth degree if committed by
an adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the same degree
as the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address, or address verification
requirement that was violated under the prohibition, or, if the most
serious sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside,
change of address, or address verification requirement that was
violated under the prohibition is a comparable category of offense
committed in another jurisdiction, the offender is guilty of a felony
of the same degree as that offense committed in the other
jurisdiction would constitute if committed in this state.
(iii)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
felony of the fifth degree or a misdemeanor if committed by an adult
or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the fourth
degree.
(b)
If the offender previously has been convicted of or pleaded guilty
to, or previously has been adjudicated a delinquent child for
committing, a violation of a prohibition in section 2950.04,
2950.041, 2950.05, or 2950.06 of the Revised Code, whoever violates a
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code shall be punished as follows:
(i)
If the most serious sexually oriented offense that was the basis of
the registration, notice of intent to reside, change of address
notification, or address verification requirement that was violated
under the prohibition is aggravated murder or murder if committed by
an adult or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the first degree.
(ii)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
felony of the first, second, or third degree if committed by an adult
or a comparable category of offense committed in another
jurisdiction, the offender is guilty of a felony of the same degree
as the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address, or address verification
requirement that was violated under the prohibition, or, if the most
serious sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside,
change of address, or address verification requirement that was
violated under the prohibition is a comparable category of offense
committed in another jurisdiction, the offender is guilty of a felony
of the same degree as that offense committed in the other
jurisdiction would constitute if committed in this state.
(iii)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
felony of the fourth or fifth degree if committed by an adult or a
comparable category of offense committed in another jurisdiction, the
offender is guilty of a felony of the third degree.
(iv)
If the most serious sexually oriented offense or child-victim
oriented offense that was the basis of the registration, notice of
intent to reside, change of address notification, or address
verification requirement that was violated under the prohibition is a
misdemeanor if committed by an adult or a comparable category of
offense committed in another jurisdiction, the offender is guilty of
a felony of the fourth degree.
(2)(a)
In addition to any penalty or sanction imposed under division (A)(1)
of this section or any other provision of law for a violation of a
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code, if the offender or delinquent child 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.
(b)
In addition to any penalty or sanction imposed under division
(A)(1)(b)(i), (ii), or (iii) of this section or any other provision
of law for a violation of a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code, if the offender previously
has been convicted of or pleaded guilty to, or previously has been
adjudicated a delinquent child for committing, a violation of a
prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code when the most serious sexually oriented offense or
child-victim oriented offense that was the basis of the requirement
that was violated under the prohibition is a felony if committed by
an adult or a comparable category of offense committed in another
jurisdiction, the court imposing a sentence upon the offender shall
impose a definite prison term of no less than three years. The
definite prison term imposed under this section shall not be reduced
to less than three years pursuant to any provision of Chapter 2967.
or any other provision of the Revised Code.
(3)
As used in division (A)(1) of this section, "comparable category
of offense committed in another jurisdiction" means a sexually
oriented offense or child-victim oriented offense that was the basis
of the registration, notice of intent to reside, change of address
notification, or address verification requirement that was violated,
that is a violation of an existing or former law of another state or
the United States, an existing or former law applicable in a military
court or in an Indian tribal court, or an existing or former law of
any nation other than the United States, and that, if it had been
committed in this state, would constitute or would have constituted
aggravated murder or murder for purposes of division (A)(1)(a)(i) of
this section, a felony of the first, second, third, or fourth degree
for purposes of division (A)(1)(a)(ii) of this section, a felony of
the fifth degree or a misdemeanor for purposes of division
(A)(1)(a)(iii) of this section, aggravated murder or murder for
purposes of division (A)(1)(b)(i) of this section, a felony of the
first, second, or third degree for purposes of division (A)(1)(b)(ii)
of this section, a felony of the fourth or fifth degree for purposes
of division (A)(1)(b)(iii) of this section, or a misdemeanor for
purposes of division (A)(1)(b)(iv) of this section.
(B)
If a person violates a prohibition in section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code that applies to the person as
a result of the person being adjudicated a delinquent child and being
classified a juvenile offender registrant or an out-of-state juvenile
offender registrant, both of the following apply:
(1)
If the violation occurs while the person is under eighteen years of
age, the person is subject to proceedings under Chapter 2152. of the
Revised Code based on the violation.
(2)
If the violation occurs while the person is eighteen years of age or
older, the person is subject to criminal prosecution based on the
violation.
(C)
Whoever violates division (C) of section 2950.13 of the Revised Code
is guilty of a misdemeanor of the first degree.
(D)
Whoever violates division (A)(2) of section
2950.035
2950.036
of
the Revised Code shall be punished as follows:
(1)
Except as otherwise provided in division (D)(2) or (3) of this
section, the offender is guilty of a misdemeanor of the first degree.
(2)
If the offender once previously has been convicted of or pleaded
guilty to a violation of division (A)(2) of section
2950.035
2950.036
of
the Revised Code, the offender is guilty of a felony of the third
degree.
(3)
If the offender two or more times previously has been convicted of or
pleaded guilty to a violation of division (A)(2) of section
2950.035
2950.036
of
the Revised Code, the offender is guilty of a felony of the first
degree.
Sec.
5321.03.
(A)
Notwithstanding section 5321.02 of the Revised Code, a landlord may
bring an action under Chapter 1923. of the Revised Code for
possession of the premises if:
(1)
The tenant is in default in the payment of rent;
(2)
The violation of the applicable building, housing, health, or safety
code that the tenant complained of was primarily caused by any act or
lack of reasonable care by the tenant, or by any other person in the
tenant's household, or by anyone on the premises with the consent of
the tenant;
(3)
Compliance with the applicable building, housing, health, or safety
code would require alteration, remodeling, or demolition of the
premises which would effectively deprive the tenant of the use of the
dwelling unit;
(4)
A tenant is holding over the tenant's term.
(5)
The residential premises are located within one thousand feet of any
school premises, preschool or child care center premises, children's
crisis care facility premises, or residential infant care center
premises, and both of the following apply regarding the tenant or
other occupant who resides in or occupies the premises:
(a)
The tenant's or other occupant's name appears on the state registry
of sex offenders and child-victim offenders maintained under section
2950.13 of the Revised Code.
(b)
The state registry of sex offenders and child-victim offenders
indicates that the tenant or other occupant was convicted of or
pleaded guilty to a sexually oriented offense or a child-victim
oriented offense in a criminal prosecution and was not sentenced to a
serious youthful offender dispositional sentence for that offense.
(6)
The residential premises are located within two thousand feet of the
residential premises of the victim of a sexually oriented offense or
child-victim oriented offense that was committed by the tenant or
other occupant who resides in or occupies the premises, and all of
the following apply regarding the tenant or other occupant who
resides in or occupies the premises:
(a)
The tenant's or other occupant's name appears on the state registry
of sex offenders and child-victim offenders maintained under section
2950.13 of the Revised Code.
(b)
The state registry of sex offenders and child-victim offenders
indicates that the tenant or other occupant was convicted of or
pleaded guilty to the sexually oriented offense or child-victim
oriented offense in a criminal prosecution and was not sentenced to a
serious youthful offender dispositional sentence for that offense.
(B)
The maintenance of an action by the landlord under this section does
not prevent the tenant from recovering damages for any violation by
the landlord of the rental agreement or of section 5321.04 of the
Revised Code.
(C)
This section does not apply to a dwelling unit occupied by a student
tenant.
(D)
As used in this section, "children's crisis care facility
premises" and "residential infant care center premises"
have the same meanings as in section 2950.034 of the Revised Code.
Sec.
5321.051.
(A)(1)
No tenant of any residential premises located within one thousand
feet of any school premises, preschool or child care center premises,
children's crisis care facility premises, or residential infant care
center premises shall allow any person to occupy those residential
premises if both of the following apply regarding the person:
(a)
The person's name appears on the state registry of sex offenders and
child-victim offenders maintained under section 2950.13 of the
Revised Code.
(b)
The state registry of sex offenders and child-victim offenders
indicates that the person was convicted of or pleaded guilty to
either a sexually oriented offense that is not a registration-exempt
sexually oriented offense or a child-victim oriented offense in a
criminal prosecution and was not sentenced to a serious youthful
offender dispositional sentence for that offense.
(2)
No
tenant of any residential premises shall allow any person to occupy
those residential premises if the occupant committed a sexually
oriented offense or child-victim oriented offense and the victim of
that offense maintains a residential premises within two thousand
feet of the residential premises of the tenant if both of the
following apply to the occupant:
(a)
The occupant's name appears on the state registry of sex offenders
and child-victim offenders maintained under section 2950.13 of the
Revised Code.
(b)
The state registry of sex offenders and child-victim offenders
indicates that the occupant was convicted of or pleaded guilty to
either the sexually oriented offense that is not a
registration-exempt sexually oriented offense or the child-victim
oriented offense in a criminal prosecution and was not sentenced to a
serious youthful offender dispositional sentence for that offense.
(3)
If
a tenant allows occupancy in violation of this section or a person
establishes a residence or occupies residential premises in violation
of section 2950.034 of the Revised Code, the landlord for the
residential premises that are the subject of the rental agreement or
other tenancy may terminate the rental agreement or other tenancy of
the tenant and all other occupants.
(B)
If a landlord is authorized to terminate a rental agreement or other
tenancy pursuant to division (A) of this section but does not so
terminate the rental agreement or other tenancy, the landlord is not
liable in a tort or other civil action in damages for any injury,
death, or loss to person or property that allegedly results from that
decision.
(C)
As used in this section, "children's crisis care facility
premises" and "residential infant care center premises"
have the same meanings as in section 2950.034 of the Revised Code.
Section
2.
That
existing sections 1923.02, 2950.035, 2950.99, 5321.03, and 5321.051
of the Revised Code are hereby repealed.
Section
3.
Section
2950.99 of the Revised Code is presented in this act as a composite
of the section as amended by both S.B. 16 and S.B. 288 of the 134th
General Assembly. The General Assembly, applying the principle stated
in division (B) of section 1.52 of the Revised Code that amendments
are to be harmonized if reasonably capable of simultaneous operation,
finds that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.