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The Office of the Ohio Public Defender takes an active role in keeping current on new laws, rules, and regulations that affect criminal defense issues. To the extent our resources allow, we actively testify on bills and other proposed changes that impact the criminal defense system.
Please see the Legislative Links for copies of Bills, Analyses and Fiscal Notes. The following are summaries of legislation that impact the criminal justice system, and have been passed or introduced by the Ohio
127th General Assembly.
127th
General Assembly
Legislation
of Interest
New
Laws
HB
56 Forcible
entry
To
clarify the rights and duties of the parties to an
action for a forcible entry and detainer at a
manufactured home park.
Effective
date: October 18, 2007
HB
104 License
applicants – criminal background checks
To require initial license applicants and applicants
for restoration of licenses for specified licensed
professions to obtain a criminal background check from
the bureau of criminal investigation and identification,
to require the appropriate licensing board to consider
the results of those checks in determining a person's
eligibility for licensure, and to permit the Treasurer
of State to request the Bureau of Criminal
Identification and Investigation to conduct a criminal
records check of any individual seeking or holding
employment with the Treasurer of State's office.
Effective
date: March 24, 2008
HB
113 Faith-based/community
organizations – re-entry services
To
allow representatives of faith-based and other community
organizations to provide reentry services to persons in
the custody of the Department of Rehabilitation and
Correction or the Department of Youth Services.
Effective
date: June 25, 2008
HB
120 Correct
HB 241 from 126th General Assembly
To eliminate unnecessary and inconsistent language
mistakenly retained by Sub. H.B. 241 of the 126th
General Assembly, to include in the law's forfeiture
provisions language regarding the Department of Taxation
that was omitted by that act, and to declare an
emergency.
Effective
dates: June 30, 2007; July 1, 2007
HB
142 Inducing
panic at school-second degree felony
To increase the penalty for inducing panic to a
felony of the second degree when a school or an
institution of higher education is involved, and to
permit school districts to make up calamity days caused
other than by a bomb threat in excess of the total
number of days specified in their contingency plans and
otherwise allowed by adding extra hours to the remaining
days in the school year.
Effective
date: March 24, 2008
SB
3 Felon –
forfeit office holding, state pension
To provide that the privilege of holding a position
of honor, trust, or profit that is forfeited by reason
of conviction of certain felonies is not restored on
completion of a prison term, period of community control
sanctions or pardon or release by the Adult Parole
Authority; to impose as part of the sentence of a person
convicted of certain felonies committed while serving in
such a position the forfeiture of the portion of any
public retirement benefit that is based on employer
contributions; to require that a person subject to a
forfeiture order who is eligible to retire obtain
spousal consent for a refund of employee contributions;
to provide for the notification of the appropriate
public retirement system if a member is charged with one
of the felonies that could result in such a forfeiture;
and to impose a lifetime ban against serving as, the
termination of any current registration of, a
legislative agent, retirement system lobbyist, or
executive agency lobbyist upon a person convicted of
certain felonies; to authorize the Inspector General to
conduct an investigation of alleged misconduct in the
Office of the Attorney General; to make an appropriation
of money; and to declare an emergency.
Effective
date: May 13, 2008
SB
10 SORN law
To revise Ohio's Sex Offender Registration and
Notification Law and conform it to recently enacted
requirements of federal law contained in the Adam Walsh
Child Protection and Safety Act of 2006, to increase the
penalties for certain violations of kidnapping,
aggravated murder when a sentence of death or life
without parole is not imposed, and murder when the
victim of any of those offenses is less than 13 years of
age and the offense was committed with a sexual
motivation and require that those sentences be served
under the Sexually Violent Predator Sentencing Law.
Effective
dates: July 1, 2007; January 1, 2008
SB
18 Offender
records
To prohibit an offender from having a criminal record
sealed when the underlying offense is importuning for
which the conviction occurs on or after the effective
date of the act, or the underlying offense is voyeurism,
public indecency, compelling prostitution, promoting
prostitution, procuring, disseminating matter harmful to
juveniles, displaying matter harmful to juveniles,
pandering obscenity, or deception to obtain matter
harmful to juveniles when the victim of the offense is
under eighteen years of age and the conviction occurs on
or after the effective date of the act.
Effective
date: October 10, 2007
SB
97 SORN law
To modify the penalties for violations of the Sexual
Offender Registration and Notification Law, to require
the inclusion of specified information on the statewide
and county sheriffs' internet sex offender and
child-victim offender databases, to modify the
definition of "sexually oriented business," to
permit townships to regulate the residency of registered
sex offenders and child-victim offenders, to modify the
law pertaining to school bus driver background checks,
to create the Retained Applicant Fingerprint Database,
and to declare an emergency.
Effective
date: June 30, 2007
SB
155 Champaign
County-create Domestic Relations/Juvenile/Probate
Division
To specify the rate of compensation of a member of
the current or previous General Assembly who is
appointed to judicial office, to create a Domestic
Relations-Juvenile-Probate Division of the Champaign
County Court of Common Pleas, to designate the Champaign
County Probate and Juvenile Judge as a judge of that
division, to add a judge to that division to be elected
in 2008, to make the Hamilton County Drug Court
permanent, to extend the deadline by which the report of
the Joint Committee to Study Court Costs and Filing Fees
is due, to change the status of the judge of the Upper
Sandusky Municipal Court from part-time to full-time, to
authorize funding for a special election when a vacancy
in Congress occurs, to make an appropriation, and to
declare an emergency.
Effective
date: December 21, 2007
SB
209 OVI
fines-% to indigent criminal defense
To direct that a specified amount of OVI fines be
credited to the State Public Defender for county
indigent criminal defense reimbursement, to establish
registration reciprocity for all-purpose and other
special vehicles, to require the Chief of the Division
of Wildlife in the Department of Natural Resources to
issue electric-powered all-purpose vehicle permits to
allow mobility impaired persons to hunt in public
wildlife areas using electric-powered all-purpose
vehicles, and to make an appropriation.
Effective
date: March 26, 2008
House
Bills
HB
8 State
pension – forfeit if on-duty felony
To
provide that a member of a state retirement system, on
conviction of a felony committed in the course of
official duties, will forfeit the portion of any state
retirement benefit that is based on employer
contributions.
Senate
Judiciary – Criminal Justice Committee
HB
10 County
commissioners – fix jury compensation
To
provide that a board of county commissioners, upon the
request of the legislative authority of a municipal
court, may fix the compensation of jurors in the court
in an amount that differs from the compensation of
jurors in the court of common pleas.
House
Judiciary Committee
HB
15 Human
trafficking
Relative
to trafficking in persons.
House
Judiciary Committee
HB
21 Approach
road service vehicle-slow for flashing light
To
require a driver to pull over or slow down upon
approaching a stationary road service vehicle that is
displaying flashing, oscillating, or rotating amber
lights while servicing a disabled vehicle.
House
Infrastructure, Homeland Security, & Veterans
Affairs Committee
HB
22 Animal
cruelty
To
increase certain penalties for cruelty to animals and to
require a child under fifteen years of age who commits
cruelty against a companion animal to undergo
psychological counseling.
House
Criminal Justice Committee
HB
23 Persons
of authority
To
include security guards as persons of authority for
purposes of the offenses of sexual battery and
voyeurism.
House
Criminal Justice Committee
HB
30 Traffic
camera signs
To
require any local authority that enforces any traffic
law by means of traffic law photo-monitoring devices to
erect signs on every highway or freeway that is part of
the state highway system and that enters that local
authority, informing inbound traffic that the local
authority utilizes traffic law photo-monitoring devices
to enforce traffic laws.
Passed
by House & Senate; awaiting action by Governor
HB
51 Drive
with expired license-temporary driving permit
To
permit a person who is issued a ticket for operating a
motor vehicle other than a commercial motor vehicle with
an expired driver's or commercial driver's license to be
issued a seven-day field driving permit.
House
Infrastructure, Homeland Security, & Veterans
Affairs Committee
HB
57 Sex
offenders
To
provide notice to a long-term care facility and its
residents when a registered sex offender indicates an
intent to reside or registers an address within the
facility's specified geographical notification area.
Senate
Judiciary – Criminal Justice Committee
HB
71 Confiscated
dog-fighting dogs-impoundment
To
provide for the seizure, impoundment, and disposition of
dogs involved in dogfighting; to revise requirements and
procedures governing the seizure, impoundment, and
disposition of companion animals that are the subject of
abuse or neglect; and to allow a law enforcement officer
to kill a dog that attacks a police dog.
Passed
by Senate; awaiting House action on Senate amendments
HB
74 Spying
To
make spying upon a minor in a state of nudity for the
purpose of sexual gratification or arousal a felony of
the third degree under all circumstances.
Senate
Judiciary – Criminal Justice Committee
HB
83 License
plates
To
create a SORN Law license plate; to provide mandatory
prison terms and jail terms for persons convicted of a
sexually oriented or child-victim oriented offense who
are subject to a SORN Law license plate order and use a
motor vehicle without such license plates in committing
the offense, to arrive at the location where it was
committed, or to flee immediately after committing it;
and to expand the offense of "wrongful entrustment
of a motor vehicle" to apply to a person who in
specified circumstances permits a person subject to a
SORN Law license plate order to drive the offender's
motor vehicle without such license plates.
House
Criminal Justice Committee
HB
92 Meth labs
To
require law enforcement agencies to report to the
Director of Public Safety the location of any real
property on which and the vehicle identification number
of any motor vehicle in which an illegal methamphetamine
manufacturing laboratory has been discovered, to require
the Director of Public Safety to maintain on the
Department of Public Safety web site a database of
properties on which and motor vehicles in which illegal
methamphetamine manufacturing laboratories have been
discovered, to authorize a county recorder to record an
instrument identifying any property that has been
included in that database, and to provide a means by
which an owner of property or a motor vehicle included
in that database may receive certification from the
Director of Environmental Protection that the property
or motor vehicle has been cleared of methamphetamine
residue and have the property or motor vehicle removed
from the database.
House
Infrastructure, Homeland Security, & Veterans
Affairs Committee
HB
108 Drug
enforcement
To
require a court to impose an additional court cost of
five dollars for a moving violation to fund grants to
local drug law enforcement task forces, to create the
Drug Law Enforcement Fund in the Division of Criminal
Justice Services of the Department of Public Safety, and
to create the Drug Law Enforcement Fund Advisory
Committee to make funding recommendations to the
Division.
House
Criminal Justice Committee
HB
111 Child
neglect – if sex offender in residence
To
expand the definition of neglected child to include a
child whose parent, guardian, or custodian knowingly
allows certain sexually oriented offenders or
child-victim offenders to reside in the same residence
as that child, and to prohibit a court from ordering a
statutory change of name for a person who has committed
identity fraud or who must register under the SORN Law
for having committed a sexually oriented offense or
child-victim oriented offense.
Senate
Judiciary – Criminal Justice Committee
HB
130 Post-release
control, DRC omnibus legislation
To
modify sentencing procedures with respect to
post-release control and related releases from prison,
to conform the Revised Code to the decision of the Ohio
Supreme Court in State ex rel. Bray
v. Russell (2000), 89 Ohio St.3d 132 by removing
provisions related to bad time, to authorize courts to
participate in the supervision of released prisoners, to
provide released prisoners with identification cards and
additional procedures for access to social services, to
make other changes relative to opportunities for
prisoner training and employment, to modify procedures
for the judicial or medical release of prisoners and
intervention in lieu of conviction, to grant the Adult
Parole Authority more flexibility in determining periods
of post-release control, to adopt other cost-control
measures, to create the Ex-offender Reentry Coalition,
to provide for the indemnification of the Department of
Rehabilitation and Correction for legal costs incurred
in certain cases, to provide for legal representation of
Department employees charged with offenses in certain
cases until a grand jury has acted, to create a fund for
the deposit of money received in certain federal law
enforcement cases, to authorize the Department to enter
into contracts to provide water and sewage treatment
services, to make other changes related to the
operations of the Department of Rehabilitation and
Correction, to clarify the duties of juvenile parole
officers, to establish reimbursement rates paid by the
Department of Youth Services for outside medical
providers, to authorize the Director of Youth Services
to designate a deputy director, to modify the formula
for expending appropriations for the care and custody of
felony delinquents and the purposes for which money in
the Felony Delinquent Care and Custody Fund may be used,
to allow for unlimited reappointments of members of the
Release Authority, to make other changes related to the
operations of the Department of Youth Services, and to
terminate the ex-offender reentry coalition on December
31, 2011, by repealing section 5120.07 of the Revised
Code on that date.
Senate
Judiciary – Criminal Justice Committee
HB
132 Unlawful
property burning
To
create the offense of unlawful property burning.
House
Criminal Justice Committee
HB
139 Change
of name – prohibit sex offenders, identity thieves
To
prohibit a court from ordering a statutory change of
name for a person who has committed identity fraud or
who must register under the SORN Law for having
committed a sexually oriented offense or child-victim
oriented offense.
House
Criminal Justice Committee
HB
141 Assault/aggravated
menacing committed in courthouse-fifth degree felony
To
make an assault or aggravated menacing committed in a
courthouse a felony of the fifth degree.
House
Criminal Justice Committee
HB
145 Assault
citizen on patrol program member/peace officer-same
penalty
To
impose the same criminal penalties for assaulting a
resident participating in a citizens on patrol program
as are imposed for assaulting a peace officer.
House
Criminal Justice Committee
HB
154 Community
courts-create/mayor’s courts-abolish
To
abolish mayor's courts and to create community courts,
to convert three part-time municipal court judgeships
into full-time judgeships, and to modify the
compensation of municipal court judges in territories
having a population of more than 50,000.
Voted
out of House Judiciary Committee, April 22, 2008
HB
171 Professional
licenses-issuance-revise law
To
revise the laws governing issuance of certain
professional licenses.
House
Commercial & Labor Committee
HB
172 Sealing
of court records
To
require the sealing of the official records of a person
who is found not guilty of an offense, to modify the
procedure by which a person who is the defendant named
in a dismissed complaint, indictment, or information or
against whom a no bill is entered by a grand jury may
apply for the sealing of the official records in the
case, and to allow access to sealed records by parties
to civil actions that are based on the conduct that gave
rise to the criminal case the records of which were
sealed.
House
Criminal Justice Committee
HB
173 Judges-compensation,
qualifications, allotment, vacancies
To
change the qualifications for all judges, to require the
Supreme Court to establish a qualification program for
candidates for judicial office, to create the Judicial
Allotment Review Commission to study and review the
allotment of judgeships in the courts for the purpose of
recommending legislation to ensure the efficient and
prompt administration of justice in Ohio, to create the
Judicial Appointment Review Commission to make
recommendations of persons to fill judicial vacancies,
to specify that a portion of certain court costs
currently deposited to the credit of the Reparations
Fund be deposited in the fund for court security, and to
make appropriations for court-related purposes.
Voted
out of House Judiciary Committee, May 23, 2008
HB
181 Schools-mark
records of missing students/notify police if records
requested
With respect to law enforcement cooperation and
schools' record keeping duties in missing children
investigations.
Passed
by House & Senate; awaiting action by Governor
HB
183 Assault
healthcare worker/school employee-increase penalty
To
increase the penalty for assault to a felony of the
fourth degree when the victim is a listed healthcare
worker and to make assault against any school employee a
felony of the fifth degree.
House
Criminal Justice Committee
HB
191 Criminal
case-obscene material involving minor-prosecutor or
court retain
To
require that in a criminal proceeding any obscene
material involving a minor remain in the custody and
control of the prosecuting attorney or court.
House
Criminal Justice Committee
HB
195 Deception
to obtain drugs-modify penalty
To
provide that the prescription-related exemption from the
drug possession offenses applies only when the
controlled substance is obtained pursuant to a lawful
prescription, to modify the penalty for "deception
to obtain a dangerous drug" and "possession of
drugs" under specified circumstances, and to modify
an element of the trafficking in drugs offenses.
Passed
by Senate; awaiting House action on Senate amendments
HB
197 Assault
in school-report to school administrators & police
To
provide for the reporting of assaults in public schools
to school administrators and law enforcement
authorities.
House
Criminal Justice Committee
HB
202 Juvenile
felons-multifactored assessments/individualized
rehabilitation plans
To
require the Department of Youth Services to establish
and maintain multifactored assessment programs for, and
to prepare individualized rehabilitation plans for,
specified felony delinquents.
House
Juvenile & Family Law Committee
HB
203 Prison
inmates0multifactored assessments/individualized
rehabilitation plans
To
require the Department of Rehabilitation and Correction
to establish and maintain multifactored assessment
programs for, and to prepare individualized
rehabilitation plans for, specified inmates.
House
Criminal Justice Committee
HB
205 Conclude
case-obscene material involving minor-prosecutor/court
retain
To
require that upon final disposition of a criminal
proceeding any obscene material involving a minor remain
in the custody and control of the prosecuting attorney
or court.
House
Criminal Justice Committee
HB
207 Violate
assured clear distance ahead/failure to yield-increase
penalty
To
provide for increased penalties when a person violates
the motor vehicle traffic law assured clear distance
ahead provision or commits a failure to yield the
right-of-way offense that results in serious physical
harm or death to another person.
House
Criminal Justice Committee
HB
209 Peace
officer and minor-sex between-sexual battery
To
expand the offense of "sexual battery" to
prohibit a peace officer from engaging in sexual conduct
with a minor who is not the officer's spouse.
Senate
Judiciary – Criminal Justice Committee
HB
215 Controlled
substances-include Salvia divinorum
To
list Salvia divinorum as a controlled substance.
Senate
Judiciary – Criminal Justice Committee
HB
218 Postconviction
DNA testing-standardize procedure for
To
provide that an inmate who pleaded guilty or no contest
to a felony, was sentenced to a prison term or death,
and is eligible to apply for postconviction DNA testing
may apply for such DNA testing under the same procedures
as the application for postconviction DNA testing of an
eligible inmate who was convicted of a felony offense
and sentenced to a prison term or death.
House
Criminal Justice Committee
HB
239 Definition
of “harmful to juveniles”-clarify
To
clarify the definition of "harmful to
juveniles."
House
Juvenile & Family Law Committee
HB
241 Sex
offender-reside near place children
frequent-penalty/order to vacate
To
provide that any person required to register under
Ohio's Sex Offender Registration and Notification Law
who establishes or occupies residential premises within
one thousand feet of any school premises, recreation
center, playground, or other place where it is
reasonable to expect children to frequent or linger is
guilty of a misdemeanor of the first degree and to
require a court to order a violator to vacate the
premises as part of any injunctive relief granted for
the violation.
House
Criminal Justice Committee
HB
247 Protection
order-child’s dating partner
To
allow a court to issue a civil protection order to a
child who has had or has a dating relationship with the
respondent if certain offenses are alleged and to
include foster parents under the scope of the domestic
violence laws.
Senate
Judiciary – Civil Justice Committee
HB
264 Self-defense/defend
another-presume acted properly
To
provide a criminal defendant who properly establishes
the affirmative defense of self-defense or defense of
another with immunity from civil liability for damages
related to the acts of self-defense or defense of
another and to create a rebuttable presumption that a
criminal defendant who raises the affirmative defense of
self-defense or defense of another acted properly if the
defendant or the person defended by the accused was
suffering or was about to suffer a felony offense of
violence or a forcible trespass upon the home of the
defendant or of the person defended by the accused.
House
Criminal Justice Committee
HB
265 Crimes
against judges-increase penalty
To
increase the penalties for certain offenses when a judge
or magistrate is the victim, to prohibit a person from
threatening a judge or magistrate, and to make the
killing of a judge or magistrate an aggravating
circumstance for the imposition of the death penalty for
aggravated murder.
House
Criminal Justice Committee
HB
267 Prison
nurse recruitment/CIIC-modify law
To
permit the Department of Rehabilitation and Correction
to establish a loan repayment program for recruitment of
nurses and dentists and to modify the laws governing the
Correctional Institution Inspection Committee.
Voted
out of House Criminal Justice Committee, May 28, 2008
HB
279 OVI
offenders with driving privileges-require ignition
interlock device
To
require certain OVI offenders who are granted limited
driving privileges to operate only motor vehicles that
are equipped with ignition interlock devices and to make
other changes relative to such devices.
House
Criminal Justice Committee
HB
280 Harm
pregnant relative-enhance penalty
To
require facilities that perform abortions to display a
sign and enhance the criminal penalty for causing or
attempting to cause physical harm to a family or
household member who was pregnant at the time of the
offense.
Senate
Judiciary – Criminal Justice Committee
HB
284 Prohibit
abortion/increase penalties for unlawful abortion
To
prohibit abortions in this state, to increase the
penalties for the offenses of unlawful abortion,
unlawful distribution of an abortion-inducing drug, and
abortion trafficking, and to make conforming changes in
related provisions.
House
Health Committee
HB
292 Vehicle
validation sticker theft-fifth degree felony
To
provide that theft of a vehicle validation sticker is a
felony of the fifth degree.
House
Criminal Justice Committee
HB
296 Repeat
offenders-longest prison term/repeat felons-longer
prison terms
To
establish a presumption that a court should impose on a
repeat offender the longest prison term authorized for
an offense and to specify longer prison terms that a
court may impose on felony offenders with two or more
previous felony violations.
House
Criminal Justice Committee
HB
303 License
suspensions-reinstatement fee-payment plans
Relative
to installment payment plans and payment extensions in
pending cases for reinstatement fees required under a
license suspension.
House
Infrastructure, Homeland Security, & Veterans
Affairs Committee
HB
310 Fleeing
after order to stop-increase penalty/nondriver liability
To
prohibit a person who is not operating a motor vehicle
from fleeing from a law enforcement officer who gives a
lawful order to stop and to increase the minimum penalty
for fleeing and eluding a police officer in a motor
vehicle after receiving a visible or audible signal to
stop.
House
Criminal Justice Committee
HB
312 Furnish
beer/liquor to underage person-suspend driver’s
license
To
permit the suspension for up to 180 days of the driver's
license of any person who buys for or furnishes to an
underage person beer or intoxicating liquor.
Senate
Judiciary – Criminal Justice Committee
HB
317 Vehicular
homicide enhanced penalties
To
provide that the penalty enhancement for aggravated
vehicular homicide, vehicular homicide, and vehicular
manslaughter for driving under a license suspension and
the requirement for a mandatory prison term in certain
cases of aggravated vehicular homicide and vehicular
homicide for driving under suspension also apply to
driving under cancellation and driving without a
license.
House
Criminal Justice Committee
HB
330 Jury
lists-from drivers licenses/ID cards/volunteers
To
require that the annual jury list be made up from the
list of qualified driver licensees and holders of
identification cards issued by the Registrar of Motor
Vehicles and, at the discretion of the commissioners,
from volunteers from the list of electors provided by
the board of elections.
House
State Government & Elections Committee
HB
343 Prison
release and victim rights
To
require automatic notice to victims of first, second, or
third degree felony offenses of violence of certain
prisoner or alleged juvenile offender release or
transfer proceedings; to expand victim participation in
parole hearings; to require five years of post-release
control for offenders who commit first, second, or third
degree felony offenses of violence; to require the
Department of Rehabilitation and Correction to keep
information on such offenders in a publicly accessible
database for ten years following final discharge; to
require the Department to provide certain information
related to paroles to designated public officials; to
require the Department to notify the appropriate
prosecuting attorney when a felon serving a specified
sentence is released pursuant to a pardon, commutation
of sentence, parole, or completed prison term; to
prohibit the Parole Board from considering a sentence in
effect since July 1, 1996, in making parole
determinations; to make other changes related to the
release of prisoners and victim's rights; to provide
that voluntary manslaughter committed with a sexual
motivation is a sexually oriented offense, makes an
offender or juvenile offender registrant who commits it
a tier III sex offender/child-victim offender, and may
qualify a juvenile offender registrant who commits it as
a public registry-qualified juvenile offender
registrant; to name the victim and family notification
provisions Roberta's Law; and to declare an emergency.
House
Criminal Justice Committee
HB
351 County
jail inmates-transfer to contiguous counties in
adjoining states
To
permit the transfer of county jail inmates to contiguous
counties in adjoining states.
Senate
Judiciary – Criminal Justice Committee
HB
356 Gross
sexual imposition-victim’s parent the offender
To
expand the offense of gross sexual imposition to also
prohibit a person from having sexual contact with
another or causing two or more other persons to have
sexual contact if the other person or one of the other
persons is a minor and the offender is the minor's
parent, stepparent, guardian, custodian, or person in
loco parentis and to include a person who violates this
prohibition as a Tier II sex offender/child-victim
offender under the Sex Offender Registration and
Notification Law.
House
Criminal Justice Committee
HB
365 Bills
prescribing imprisonment-analyze cost
To
specify that if a bill provides for a new or increased
jail term, prison term, or delinquent child commitment
no committee of the General Assembly may report it and
neither house of the General Assembly may pass it unless
the bill designates one or more funding sources from
which the cost of the term or commitment will be paid,
to require fiscal analyses prepared by the Legislative
Service Commission to include an estimate for each such
bill of the cost of the term or commitment, and to
require the creation of a task force to establish a
state policy to limit future increases in the number of
criminal offenders and delinquent children in
correctional facilities and Department of Youth Services
facilities and provide planning for modifying,
expanding, and constructing those facilities necessary
to satisfy the projected increased need for them.
House
Finance & Appropriations Committee
HB
376 Indigent
defense support fund-create
To
enact section 120.08 of the Revised Code to create the
indigent defense support fund.
House
Criminal Justice Committee
HB
414 Violence
against family-modify when offender must personally
appear
To
modify when a defendant who is accused of committing an
offense of violence against a family or household member
must personally appear for the setting of bail.
House
Criminal Justice Committee
HB
415 Animal
fighting-increase penalty
To
increase the penalty for animal fighting, including
cockfighting.
Passed
by House, May 29, 2008
HB
418 Cruelty
to animals-revise penalties/protection orders
To
revise the penalties and sentencing provisions regarding
violations of the cruelty to animals statutes and to
include the protection of companion animals in temporary
protection orders, domestic violence protection orders,
anti-stalking protection orders, and related protection
orders.
Voted
out of House Criminal Justice Committee, May 23, 2008
HB
419 Intimidation
of homeless persons-a crime
To
create the offense of intimidation of a homeless person.
House
Criminal Justice Committee
HB
425 Cell
phones-text messaging while driving-prohibit
To
prohibit driving a vehicle while text messaging or
typing on a mobile communication device and to establish
the violation as a secondary traffic offense.
House
Infrastructure, Homeland Security, & Veterans
Affairs Committee
HB
430 Sex
offenders-prohibit from being on school premises
To
prohibit adult tier III sex offender/child-victim
offenders who have committed specified offenses against
a victim under sixteen years of age from knowingly being
present on school premises or preschool or child
day-care premises.
House
Criminal Justice Committee
HB
447 Community-based
correctional facility-if none available-county plan for
one
To
require a county that does not have a community-based
correctional facility or a district community-based
correctional facility available for the use of that
county's courts to formulate a proposal for such a
facility.
House
Judiciary Committee
HB
453 Liability
for medical care for person in municipal custody
Regarding
liability for medical care provided to persons
imprisoned in a municipal corporation's institution or
in the custody of a municipal corporation's law
enforcement officer.
House
Civil & Commercial Law Committee
HB
459 Civil
action: change death certificate or coroner’s verdict
To
establish procedures for the commencement,
determination, and appeal of an action to change a death
certificate or coroner's verdict.
Voted
out of House Local & Municipal Government &
Urban Revitalization Committee, May 23, 2008
HB
467 Delinquent
child misdemeanants-collect DNA samples from
To
require the collection of a DNA specimen from all
persons who are convicted of, plead guilty to, or are
adjudicated a delinquent child for a misdemeanor other
than a misdemeanor for which a citation is issued.
House
Criminal Justice Committee
HB
471 Coroners-duties
& power/criminal investigation records
To
change certain powers and duties of coroners, to specify
that certain records of a decedent relating to the
criminal investigation of the decedent's death are not
public records, and to provide supplemental compensation
to full-time coroners in counties with a population
exceeding 175,000 who supervise and coordinate the
additional workload involved in performing autopsies
under contract for at least ten other counties.
House
State Government & Elections Committee
HB
504 Juvenile
driver improvement program
To
require probationary driver's license holders to
complete a juvenile driver improvement program prior to
exercising limited driving privileges granted during a
license suspension.
House
Infrastructure, Homeland Security, & Veterans
Affairs Committee
HB
512 Enhanced
penalty-driving under suspension
To
provide that the penalty enhancement for aggravated
vehicular homicide, vehicular homicide, and vehicular
manslaughter for driving under a license suspension and
the requirement for a mandatory prison term in certain
cases of aggravated vehicular homicide and vehicular
homicide for driving under suspension also apply to
driving under cancellation and driving without a
license.
House
Criminal Justice Committee
HB
523 Suspicious
deaths-coroner administer chemical tests/public record
To
require a coroner, deputy coroner, or pathologist to
administer chemical tests to the blood of a deceased
person who died by suicide or in any suspicious or
unusual manner when the tests are requested and paid for
by a family member of the deceased and to clarify that
the results of the tests are public records.
House
Criminal Justice Committee
HB
533 Unwanted
fax ad to business-no criminal penalty
To
abolish the criminal penalty for sending an unwanted
facsimile advertisement to a business entity, and to
establish that a person may recover one thousand dollars
in a civil action for such a violation.
House
Civil & Commercial Law Committee
HB
538 Tier III
sex offenders-lifetime GPS monitoring
To
require the imposition at sentencing or upon release
from prison of lifetime active global positioning system
device monitoring for Tier III sex
offenders/child-victim offenders.
House
Criminal Justice Committee
HB
570 Hypodermic
syringes-permit access
To
provide an affirmative defense to certain offenses
involving a hypodermic or syringe that the person is 18
years of age or older and possesses or otherwise obtains
the hypodermic or syringe for the purpose of having a
clean needle to avoid HIV exposure and to permit an
authorized person to sell or furnish a hypodermic
without a prescription to a person who is 18 years of
age or older and who wishes to obtain it for that
purpose.
House
Criminal Justice Committee
HB
578 Accountant-client
testimonial privilege-create
To
create an accountant-client testimonial privilege.
Introduced
May 28, 2008
Senate
Bills
SB
6 Personal
information
To
allow a consumer to place a security freeze on the
consumer's credit report, to require a public office to
redact from a document that is otherwise a public record
certain information, to require a public office to
redact Social Security numbers or federal tax
identification numbers from any document that is made
available online to the public through the internet, to
require the Office of Criminal Justice Services to make
state funding grants available to local law enforcement
agencies for enforcement of identity fraud laws, to
require the attorney general to support local law
enforcement agencies with the enforcement of identity
fraud laws, to enact a special statute of limitations
for criminal prosecutions and civil actions against
identity fraud, to allow a safety worker to request the
county auditor to remove the safety worker's name from
the general tax list of real and public utility property
and the general duplicate of real and pubic utility
property and insert the safety worker's initials, and to
prohibit a county auditor from charging a real property
conveyance fee to a safety worker who changes the
current owner name on the general tax list of real and
public utility property and the general duplicate of
real and public utility property to the safety worker's
initials.
House
Financial Institutions, Real Estate & Securities
Committee
SB
9 Felony
offenses
To
permit a prosecution for a felony sex offense or
kidnapping offense involving a victim under 13 years of
age to be commenced at any time after the commission of
the offense and to require the division of Criminal
Justice Services in the Department of Public Safety to
apply to the United States Attorney General for a
"Jessica Lunsford and Sarah Lunde Grant."
House
Criminal Justice Committee
SB
17 OVI
offenses
To
increase certain penalties for repeat OVI offenders; to
authorize a court to issue a vehicle immobilization
waiver order in favor of specified family members of an
OVI offender; to specify that wrongful entrustment of a
motor vehicle is a strict liability offense, remove the
requirement that an offender charged with the offense
know or have reasonable cause to believe that the person
provided a vehicle did not have a right to drive, and
provide for that offense an affirmative defense of lack
of such knowledge after reasonably diligent inquiry; to
require a person with two prior applicable convictions
to submit upon request to a chemical test under the
vehicle or watercraft Implied Consent Law; to require
the consideration of certain prior convictions in
determining the length of a refusal suspension under the
vehicle Implied Consent Law; to expand the list of
offenses that are "equivalent offenses" for
certain vehicle or watercraft OVI purposes; to clarify
the application of a qualified immunity to persons who
withdraw blood at the request of law enforcement
personnel pursuant to the Implied Consent Law; to expand
the circumstances when evidence on the concentration of
alcohol or drugs of abuse in a bodily substance may be
admitted in a watercraft OVI case; to require the
Department of Public Safety to establish a state
registry of Ohio's habitual OVI/OMWI arrestees and an
Internet database, both of which are public records,
containing information about persons with five or more
Ohio arrests within the preceding twenty years for
vehicle OVI or watercraft OMWI; to require law
enforcement officers who arrest a person for vehicle OVI
or watercraft OMWI to send to the Department of Public
Safety a sworn report with specified information about
the arrestee, the arrest, and prior similar arrests
within the preceding 20 years; and to revise the
criteria for certification of ignition interlock
devices.
House
Criminal Justice Committee
SB
21 Domestic violence
To
adopt the Uniform Interstate Enforcement of
Domestic-Violence Protection Orders Act.
Senate
Judiciary – Criminal Justice Committee
SB
22 Sexual
predators
To
require that sexually violent predators who are released
from prison be monitored by global positioning system
devices, to require sexually violent predators to pay
the cost of monitoring by global positioning system
devices, and to authorize the civil commitment of
certain sexually violent predators.
Senate
Judiciary – Criminal Justice Committee
SB
23 Sexual
servitude
To
prohibit involuntary servitude, sexual servitude of a
minor, and trafficking in persons for forced labor or
services and to amend the version of section 2929.18 of
the Revised Code that is scheduled to take effect on
July 1, 2007, to continue the provisions of this act on
and after that effective date.
Senate
Judiciary – Criminal Justice Committee
SB
53 Clinical
counselors – commit/arrest persons
To
permit a licensed professional clinical counselor to
take certain persons into custody and transport those
persons to a hospital.
House
Health Committee
SB
56 SORN
license plates
To
create a SORN Law license plate; to provide mandatory
prison terms and jail terms for persons convicted of a
sexually oriented or child-victim oriented offense who
are subject to a SORN Law license plate order and use a
motor vehicle without such license plates in committing
the offense, to arrive at the location where it was
committed, or to flee immediately after committing it;
and to expand the offense of "wrongful entrustment
of a motor vehicle" to apply to a person who in
specified circumstances permits a person subject to a
SORN Law license plate order to drive the offender's
motor vehicle without such license plates.
Senate
Judiciary – Criminal Justice Committee
SB
62 Speeding
in school zone-double fine
To
double the fine for a speeding violation that occurs in
a school zone during restricted hours.
Senate
Highways & Transportation Committee
SB
70 Parole
board
To
limit a member of the Ohio Parole Board who is not a
victim representative to one six-year term.
Senate
Judiciary – Criminal Justice Committee
SB
71 Corporal
punishment of children – restrict
To
prohibit the use of corporal punishment on a child who
is less than three or more than twelve years of age or
by hitting a child about the face or head or with any
object other than a bare hand and to prohibit corporal
punishment in schools.
Senate
Judiciary – Criminal Justice Committee
SB
73 Crack/powdered
cocaine-no legal distinction
To
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