Ohio House approves updates 'sexting' law related to minors

Still has to be approved by the Senate

http://www.norwalkreflector.com/Government/2018/06/27/Ohio-House-updates-sexting-law-related-to-minors.html

Ohio House updates 'sexting' law related to minors
• JUN 27, 2018 AT 10:22 PM

COLUMBUS — State Reps. Brian Hill (R-Zanesville) and Jeff Rezabek (R-Clayton) today applauded the House for passing legislation they jointly sponsored that provides another option to Ohio’s courts when dealing with juveniles charged with possessing sexually explicit digital material, or engaging in “sexting” with a minor.

It was one of several bills OK’d today by the Ohio House of Representatives.

This bill takes into account the growing dilemma of juveniles who engage in “sexting” with other juveniles and the charges that may be filed by prosecutors by law. House Bill 355 prohibits anyone under the age of 19 from creating, distributing, or possessing sexually explicit digital material that depicts a minor through a phone or computer.

The law serves as an alternative option for prosecutors when determining whether to charge the offender with a felony, which has lifelong implications, or nothing at all. Offenders under the age of 19, and in which the victim was less than four years younger than the offender and over the age of 13, would then be eligible for a charge which carries with it a mandatory diversion program, which would cover a host of issues related to sexting, educating our youth about the dangers of doing so.

Provisions were placed in the bill to ensure that prosecutors can charge a more serious offense under qualifying circumstances if they want to pursue a heightened charge, rather than the diversion program.

Rep. Hill introduced the legislation after an incident in his district where a young man committed suicide after he faced potentially felonious charges from sexting with his girlfriend. Rep. Hill hopes the bill will give these individuals a second chance. As scenarios differ case-by-case, House Bill 355 will give prosecutors more options to consider the facts of what happened and seek an appropriate punishment.

“I’m happy to see this bill pass that will give young people a second chance when they have made a stupid mistake,” Rep. Hill said. “I do not condone the activity, but I don’t believe a young person should be a felon or sex offender as a result of a first offense for sexting.”

Rep. Rezabek utilized his knowledge of the juvenile court system while working on the legislation, and hopes to allow prosecutors to save the felony charges for the truly heinous individuals who are preying on juveniles, and possessing or distributing child pornography.

“I’m very proud the House has passed this piece of legislation,” Rep. Rezabek said. “Along with Chairman Hill, we were able to see his vision through in helping juveniles who made a mistake to fix and correct their actions.”

The bill will now go to the Ohio Senate for further consideration.

Ohio House passes bill to expand acts requiring registration

This is a stupid proposal, but Schaffer's "gateway" comment is worse. This is why even minor alterations of the law left unchecked is dangerous.

https://www.daytondailynews.com/news/child-flashers-may-face-sex-offender-reporting-requirements-ohio/A88PtpVwhthnCLF6JGkmkM/

Child flashers will have to register as sex offenders under bill passed by Ohio House

By Laura A. Bischoff, Columbus Bureau

COLUMBUS —
The Ohio House voted 80-0 for a bill that steps up penalties for people who masturbate in view of or expose themselves to children. These kiddie flashers would be required to register as tier 1 sex offenders for 15 years.

The ACLU of Ohio opposed the bill, saying expanding the sex offender registry in ineffective at best and harmful at worst.

“There is no evidence these policies and laws keep people safer or reduce recidivism,” said Gary Daniels of the ACLU of Ohio in written testimony. Exiling sex offenders and making it more difficult to find housing and unemployment increase the chances they will commit another offense, he said.

A panel that reviewed Ohio’s criminal laws recently recommended that court hearings should be held to determine if someone should be required to submit to tier one reporting.

People on the tier one reporting list cannot live within 1,000 feet of a day care center or school.

State Rep. Tim Schaffer, the bill sponsor, said in written testimony that he was shocked to learn that a man who exposed himself to children on passing school buses in Fairfield County wasn’t required to register as a sex offender.

He noted that the bill is written so that only offenders who knowingly expose themselves for sexual gratification would be targeted — not a college student urinating in an alley, for example. Schaffer said law enforcement told him that public indecency is sometimes a gateway to more serious crimes.

Reagan Tokes Act passes Ohio House

I am wary of any bill named after a person, but admittedly, I haven't even heard of this bill until today.

https://www.10tv.com/article/reagan-tokes-act-passes-ohio-house

Reagan Tokes Act passes Ohio House

BENNETT HAEBERLE

PUBLISHED: 06/20/18 10:37 AM EDT

UPDATED: 06/21/18 10:30 AM EDT

A bill named after murdered Ohio State student Reagan Tokes cleared a major legislative hurdle.

The Ohio House version of the Reagan Tokes Act was passed 83-3 during a floor vote Wednesday afternoon.

“This is huge day, certainly thrilled that this received such bi-partisan support,” Rep. Kristin Boggs, D – District 18 one of the primary sponsors of the bill.

The bill is named after Ohio State student Reagan Tokes, who was kidnapped, raped and murdered in February of 2017 by Brian Golsby, a convicted sex offender, who was convicted in March and sentenced to life in prison.

Prosecutors say Tokes was abducted in the Short North area as she left work from her job at Bodega restaurant and bar.

Golsby had been released from prison just three months before Tokes’ death in November of 2016 and was wearing a GPS ankle monitor at the time of the crime. Police records show Golsby committed a string of robberies in the weeks – and even the day before – Tokes’ murder.

Golsby had served six years in prison for attempted rape and robbery and acquired 52 sanctions while behind bars. Despite evidence he was not rehabilitated, state law required him to be released. The Tokes Act seeks to change that.

House Bill 365 would dramatically change how violent felons are sentenced to prison and how they are watched once they are released.

The legislation followed a series of 10 Investigates reports that exposed failures of the state’s parole system to closely track Golsby and others.

“You've done a great job -- you and your station have analyzed a lot of this stuff and pointed out examples of where they have not been monitored and we have victims throughout the state because of it,” Rep. Jim Hughes, R – District 24, told 10 Investigates Wednesday.

The legislation also has two companion bills in the Ohio Senate.

SB 201 was voted out of the Senate in May. It seeks to create indeterminate sentencing in Ohio, which would allow judges to sentence violent felons to a range of years in prison rather than a finite amount of years.

The idea is to incentivize inmates to behave while in prison. If they behave, there’s a chance their sentences could be reduced.

If they act out – as Golsby did – they could receive a lengthier prison term.

Under current Ohio law, offenders cannot be given additional for misbehaving while incarcerated.

SB 202 attempts to address the other issues raised in the legislation – creating a statewide GPS database for offenders, forcing the Ohio Department of Rehabilitation and Correction to create a re-entry program for hard-to-place offenders and reducing the caseload burdens for parole officers.

HB 365 encompasses all the components of both SB 201 and SB 202.

The major difference – HB 365 strips all the power from ODRC when it comes to the issue of determining if an inmate should be released early from prison. HB 365 calls for a sentencing judge to make that determination. SB 201 would leave the power with ODRC to determine if that the inmate is going to be released early but allows a judge to veto the decision.

The Ohio Public Defenders have spoken in opposition of HB 365 bill saying that it will cost the state hundreds of millions of dollars and force the state to build more prisons. The group has said that SB 201 is more palatable.

10 Investigates reached out to ODRC for comment but did not hear back before news time.

The Tokes family filed a wrongful death lawsuit against ODRC alleging that they were negligent and failed to closely monitor Golsby.

Attorneys for the state have responded to that lawsuit – asking that it be dismissed – and stating in part that Tokes’ death was caused "by Brian Golsby. And Brian Golsby alone. DRC is not legally responsible for what he did."