Saturday, February 04, 2006 10:06 AM
State Senator Jay Hottinger
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| State Senator Jay Hottinger |
Last October I began to receive the first of hundreds of phone calls asking me to support "Jessica's Law". I had no recollection of an Ohio bill called "Jessica's Law" and after a brief search I learned that "Jessica's Law" was piece of legislation that had recently been passed in Florida. I immediately obtained a copy of the text. Following several months of research, meetings and phone conversations with proponents, and several staff meetings as to the best way to pursue this legislation, I was pleased to learn that my colleague, Sen. Steve Austria (R-Beavercreek) was also looking into these same issues and ideas and had a bill drafted already. When he presented the Ohio version of "Jessica's Law", now officially numbered as Senate Bill (SB) 260, I was proud to sign on alongside Sen. Austria and 26 of my colleagues, bringing the total number of supporters in the Ohio Senate to 28.
It was Feb. 23, 2005 when Jessica, a 9-year old girl from Homosassa, Florida, was abducted from her bedroom one night and raped and killed by a registered sex offender. The man was registered at his own home, but at the time, unbeknownst to the neighbors or police, was living with his sister only a short distance from Jessica's house.
With three young daughters of my own, stories like Jessica's hit especially close to home. That is why I have always been a large supporter of legislation that toughens the penalties against sexual offenders. In 2001 I introduced and passed Senate Bill 3 that required juvenile sex offenders to register under Ohio's sex offender registration and notification laws. Before passage of my bill, this law only pertained to adult offenders. Certainly there is a place for mercy and forgiveness, but these needs must be balanced against the need for the protection of the vulnerable in our society.
Jessica's case magnified a weakness in Florida law that Ohio shares. Mandated reporting is only effective when the sex offenders cooperate. Local law enforcement can only do so much to catch those who do not report. Florida legislators responded to this weakness by increasing the length of prison terms for sex offenders who committed offenses against children under twelve and instituting a much larger tracking system where the worst offenders would be forced to wear a Global Positioning Systems (GPS) type tracking system so that their whereabouts could be more easily determined. Current Ohio law requires a punishment of 6-18 months for gross sexual imposition when the victim is less than 13 years of age. The most similar offense under Florida law is lewd and lascivious molestation, which, after Jessica's Law was passed, now carries a penalty of 25 yrs. to life when the victim is less than 12 years of age.
SB 260 would raise the prison term for gross sexual imposition to 15-25 yrs. to life if the victim is under 13. If the offense involves rape, the punishment is raised to 25 years to life in prison. Under both situations the offender will receive the "sexual predator" designation. When offenders complete their prison time and are released they will be required to follow current Ohio reporting requirements for sexual predators, and they may also be required to wear an active GPS tracking device so that they can be tracked 24 hours a day, 7 days a week, 365 days a year. Regardless of how reformed an offender may seem, people need to know who is living next door to them and have the ability to know where they have been. Those with no conscience or self-control have no place in our society.
Our thoughts and prayers go out to the family and friends of Jessica, and I am proud to support the passage of Senate Bill 260 to help keep similar situations from occurring in Ohio. This is a chance for us to take advantage of an opportunity to strengthen our laws and give our law enforcement officers another tool to better protect our communities and neighborhoods. Together we can help protect those that are among the most vulnerable in our society.
As always, I hope that you will continue to feel free to contact me by mail (State Senator Jay Hottinger, Ohio Senate, Statehouse, Columbus, OH 43215), by email (sd31@mailr.sen.state.oh.us) or by phone (614-466-5838).