Friday, February 4, 2011

Call to Action : OH Legislature Going at it Again - Part 2

Thursday, February 3, 2011

It appears that a similar bill was introduced in the Ohio Senate in Nov. 2010. Senate Bill 316 was proposed by Senators: Seitz, Miller, D. Wagoner, Grendell, Turner, and Smith.

Senate Bill 316 is "to clarify
for an offender or delinquent child who had SORN Law duties under the SORN Law in effect prior to January 1, 2008, the offender's or child's duties under the current SORN Law and the duration of those duties and to declare an emergency."

Those who are concerned about this attempt to retroactively re-capture (onto the sex offender registries) all offenders whose crimes pre-dated the 2008 law change, should immediately contact these Senators to voice your opposition.

SB 316 Sponsors:

Bill Seitz (R)
Phone: (614) 466-8068
Email: SD08@senate.state.oh.us

Mark Wagoner (R)
Phone: (614) 466-8060
Email: SD02@senate.state.oh.us

Tim Grendell (R)
Phone: (614) 644-7718
Email: SD18@senate.state.oh.us

Nina Turner (D)
Phone: (614) 466-4583
Email: SD25@maild.sen.state.oh.us


Shirley A. Smith (D)
Phone: (614) 466-4857
Email: SD21@maild.sen.state.oh.us

The intent of SB 316 and HB 77 is to:
"Create a list of all the sex offenders who were reclassified via the 2010 Bodyke ruling, notifying them all by mail, and forcing them into court one at a time to have a judge issue a new Adam Walsh Act sentencing order. It would re-reclassify all of these individuals into the AWA tier scheme, adding thousands to the registry, many for life."

Both of these bills will be debated within the respective House & Senate Criminal Justice Committees. Readers should contact the members of this committee in order to voice your opposition to these bills.
Senate Criminal Justice Committee (re: SB 316)

http://www.ohiosenate.gov/committees/standing/detail/judiciary-criminal-justice.html


Tim Grendell (R)
Chair

Larry Obhof (R)
Vice Chair

Nina Turner (D)
Ranking Minority Member

Eric Kearney (D)

Frank LaRose (R)

Peggy Lehner (R)

Scott Oelslager (R)

Joe Schiavoni (D)

Mark Wagoner (R)

House Criminal Justice Committee ( re: HB77)

http://www.house.state.oh.us/index.php?option=com_displaycommittees&task=2&type=Regular&committeeId=98
Criminal Justice
NamePartyPositionNamePartyPosition
Lynn SlabyRChairRoland WinburnDRanking Minority Member
Bill HayesRVice ChairNancy J. GarlandDMember
Louis W. Blessing, Jr.RMemberConnie PillichDMember
Danny R. BubpRMemberW. Carlton WeddingtonDMember
William P. Coley, IIRMemberSandra WilliamsDMember
Joseph W. UeckerRMember

Ron YoungRMember

Wednesday, February 2, 2011

Call to Action : OH Legislature Going at it Again

CALL TO ACTION:

Ohio Legislators are going at it again. Just six months after having been soundly defeated in the June 2010 Bodyke vs. Ohio Supreme Court ruling, seven Ohio House Representatives have proposed new legislation to retroactively revise Ohio's sex offender laws to re-capture all offenders who committed crimes before 2008 onto the rolls of the sex offender registry.

Those concerned about this proposed legislation must contact the seven Representatives immediately to express their opposition to this bill. If we are forced to do so, ConstitutionalFights will return to the battlefield to help defeat this latest attempt by the Ohio Legislature to violate the constitutional rights of 30,000 Ohio citizens.

The newly proposed bill, House Bill 77 of the 129th General Assembly would amend and repeal parts of the existing Ohio sex offender statutes to:

"clarify that SORN Law definitions of sexually oriented offenses, child-victim oriented offenses, tier classifications, public registry-qualified juvenile offender registrants, and related terms include the specified offenses
regardless of when they were committed and to provide for court reclassification of offenders and delinquent children who committed their sexually oriented offense or child-victim oriented offense prior to January 1, 2008, and had SORN Law duties based on that offense into one of the tier classifications of the current SORN Law.

View proposed HB 77.


HB 77 Bill Sponsors:

REPRESENTATIVES:
Hackett Garland Blessing Combs Grossman Hottinger Patmon

Bob D. Hackett, Representative
State Representative (R)
District: 84
Term: 2nd
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
11th Floor
Columbus, OH 43215-6111
Phone: (614) 466-1470
Fax: (614) 719-6984
Email: district84@ohr.state.oh.us


Nancy J. Garland, Representative
State Representative (D)
District: 20
Term: 2nd
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
10th Floor
Columbus, OH 43215-6111
Phone: (614) 644-6002
Fax: (614) 719-6959
Email: district20@ohr.state.oh.us


Louis W. Blessing, Jr., Speaker Pro Tempore
State Representative (R)
District: 29
Term: 4th
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
14th Floor
Columbus, OH 43215-6111
Phone: (614) 466-9091
Fax: (614) 719-3583
Email: district29@ohr.state.oh.us

Courtney Combs, Representative
State Representative (R)
District: 54
Term: 5th (includes appointed and elected terms)
Term Limit: Not eligible to run for another two-year term
Address:
77 S. High St
13th Floor
Columbus, OH 43215-6111
Phone: (614) 644-6721
Fax: (614) 719-6954
Email: district54@ohr.state.oh.us

Cheryl L. Grossman, Assistant Majority Whip
State Representative (R)
District: 23
Term: 2nd
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
14th Floor
Columbus, OH 43215-6111
Phone: (614) 466-9690
Fax: (614) 719-6962
Email: district23@ohr.state.oh.us

Jay Hottinger, Representative
State Representative (R)
District: 71
Term: 3rd
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
12th Floor
Columbus, OH 43215-6111
Phone: (614) 466-1482
Fax: (614) 719-3971
Email: district71@ohr.state.oh.us

Bill Patmon, Representative
State Representative (D)
District: 10
Term: 1st
Term Limit: Eligible to run for another two-year term
Address:
77 S. High St
11th Floor
Columbus, OH 43215-6111
Phone: (614) 466-7954
Fax: (614) 719-0010
Email: district10@ohr.state.oh.us

We seek legal professionals who are willing to engage in a lawsuit against the State of Ohio should this legislation be put into law. We also still seek legal professionals who are willing to engage in a lawsuit against the State of Ohio regarding the Bodyke Supreme Court ruling of June 2010 for damages of those 30,000 former offenders who were maintained on the sex offender registry 2-1/2 years after they should legally have been removed.

We must collectively hit these legislators squarely in the "front teeth" this time to assure that we do not experience what we experienced between 2008 and 2010.

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"When an American says that he loves his country, he means not only that he loves the New England hills, the prairies glistening in the sun, the wide and rising plains, the great mountains, and the sea. He means that he loves an inner air, an inner light in which freedom lives and in which a man can draw the breath of self-respect."
~Adlia Stevenson U.S. Vice President (1893–1897) and Congressman (1879–1881)

On a Personal Note

Thanks for the opportunity to express my thoughts regarding the issue of citizens’ rights, particularly addressing certain sex offenders’ crimes that do not fit the devastating, inequitable and endless punishment given.


As you know, many young men and women lives across the nation are being destroyed by incarceration, life-time registry and restrictive laws that do more harm than good. For those individuals, there is no second chance.

Below is a personal letter to President Obama:
* * * *
“Dear President Obama,

I truly agree with your sentiments that individuals, such as ex-felons, should be able to receive a second chance at life. Since we all know that one can veer off that path of life and travel along rough, rocky terrain, sometimes running off and ending up in some ditch. We all have made our fill of mistakes and sometimes those held a costly consequence that changed life forever. So we lived through it, trying harder to make things right with family, friends and those around us, but what about those who aren’t able to make things right even if they tried…because they’re labeled as too dirty, a leper, a person who is rejected from society and home.


But what if they’re a seventeen year old and had sex with a fifteen year old, consensual at that? Or they’re a teen that had gotten so enraged after a breakup that he sent out naked pictures of his girlfriend on his cell phone or email? Or an individual urinates where someone just happens to see them?


All are wrong and a travesty but do they deserve the life of no second chance with a registry that ends all. They are labeled, no jobs, no where to live…they have been deemed a menace to society, a plague. These certain circumstances, and many other situations similar to these, I believe still deserve a second change.

Fourteenth Amendment to the United States Constitution


Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


After my son’s early release and two years of prison, I thought I had handled that fact graciously knowing after serving his time he would be able to get that fresh start, that second chance. He was an exemplary inmate, GED, college courses and vocational classes. Little did I know that a second chance on the outside was the farthest from the truth? He now struggles and lives in a trailer park sharing a trailer with another and surrounded by others in the same rocking boat, one to float endlessly in shark infested waters. I see him little because of probation requirements (he couldn’t live with us because we were 800 feet near a school). My family is afraid of what would happen to them if he lived with them…vigilantism. My son has no other place to stay since others condemn him of his crime that is screamed from the highest rooftop. Sex offender, sex offender!

Not all sex offenders are pedophiles or predators but some are simply young kids that make one stupid and rash decision that eventually changes everything, and they have no idea what they’ve done until their life is never their own. Exactly, where is that second chance for those sex-offenders who are lumped together with pedophiles and predators? Now, it makes me sick to think of my son’s future and many like him that are on the registry and many with no second chance…ever. I am asking you as a mother and as another concerned citizen of the United States that these laws are looked at again and taken into serious consideration in what they are doing to the Constitution of the United States, not for sex offenders in general but the future rights of every citizen, before anymore are put into effect. They unjustly strip an offender of their rights and place them in a guillotine that can be easily set off by anyone and at anytime. Where is the second chance for ex-sex offenders in the present, pending and future laws?”
* * * *
What truly saddens me is the weakness and deterioration of what the sex offense issue is doing to our once, great nation. Across Europe, others are seeing the injustice and disregard of rights, but we ignore this problem and it makes me wonder where humanity is heading….

We have become a hysterical society in which our latest witch-hunt is a sex offender--no matter his/her crime.

Below is a email sent from a foreign advocate to a father of a sex offender:
* * * *
“The tragic story of your son's death is just so sad that it's difficult to explain how. It was very hard to read your letters. It seems almost unbelievable that this can take place in a democracy! From our point of view, there is no justice in this. Not in any way: not for you, your son, the former girl friend – or even the state.

It is an abusive legal system. It seems barbaric. And we are so very sorry that this takes place. That's why it's so important for us to try to neutralize the debate with this…, hopefully making some changes. ….. to show the every day life of the sex offenders, trying to show how they keep on being punished, even after served prison time…..But we will for sure tell the story of the injustice that your son has been exposed to.”
* * * *
I appreciate everyone's commitment and backing to protect everyone's civil rights, plainly as noted in the Constitution of the United States and is presupposed, giving ALL men are “life, liberty and pursuit of happiness.”