2006 Ohio Revised Code - 2929.23. Sentencing for sexually oriented misdemeanor committed on or after January 1, 1997.

§ 2929.23. Sentencing for sexually oriented misdemeanor committed on or after January 1, 1997.
 

(A)  If an offender is being sentenced for a sexually oriented offense that is a misdemeanor committed on or after January 1, 1997, and if the judge imposing sentence for the sexually oriented offense determines pursuant to division (B) of section 2950.09 of the Revised Code that the offender is a sexual predator, the judge shall include in the offender's sentence a statement that the offender has been adjudicated a sexual predator, shall comply with the requirements of section 2950.03 of the Revised Code, and shall require the offender to submit to a DNA specimen collection procedure pursuant to section 2901.07 of the Revised Code. 

(B)  Before imposing sentence on an offender who is being sentenced for a sexually oriented offense that is a misdemeanor, that was committed on or after January 1, 1997, and that is not a registration-exempt sexually oriented offense, the judge shall conduct a hearing in accordance with division (B) of section 2950.09 of the Revised Code to determine whether the offender is a sexual predator. Before imposing sentence on an offender who is being sentenced for a sexually oriented offense that is not a registration-exempt sexually oriented offense, the court also shall comply with division (E) of section 2950.09 of the Revised Code. 
 

Before imposing sentence on or after the effective date of this amendment on an offender who is being sentenced for a child-victim oriented offense that is a misdemeanor, regardless of when the offense was committed, the judge shall conduct a hearing in accordance with division (B) of section 2950.091 [2950.09.1] of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 [2950.09.1] of the Revised Code. 

(C)  If an offender is being sentenced for a sexually oriented offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense that is a misdemeanor committed on or after January 1, 1997, the judge shall include in the sentence a summary of the offender's duties imposed under sections 2950.04, 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code and the duration of the duties. The judge shall inform the offender, at the time of sentencing, of those duties and of their duration and, if required under division (A)(2) of section 2950.03 of the Revised Code, shall perform the duties specified in that section. 
 

HISTORY: 149 v H 490, §§ 1, 2, (eff. 1-1-04); 149 v S 123, § 1, eff. 1-1-04; 150 v S 5, § 3, eff. 1-1-04.
 

This section formerly concerned penalties for misdemeanors. 

The effective date is set by section 5 of 150 v S 5. 

See provisions of § 5 of S.B. 123 (149 v  - ) following RC § 2929.01. 

 

Effect of Amendments

S.B. 5, Acts 2003, effective January 1, 2004, in the introductory paragraph of (B), inserted "that was," "and that is not a registration-exempt sexually oriented offense," and "that is not a registration-exempt sexually oriented offense"; added the second paragraph of (B); in (C), inserted "that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense," and "2950.041," substituted "duties imposed under sections" for 'duty to register pursuant to section," deleted "of the Revised Code, the offender's duty to provide notice of an intent to reside in a county if applicable pursuant to division (G) of section 2950.04 of the Revised Code, the offender's duty to provide notice of a change in residence address and register the new residence address pursuant to section," and "of the Revised Code, the offender's duty to periodically verify the offender's current residence address pursuant to section."