Ohio Prosecuting Attorneys Association
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Bills of interest to the Association pending in the 132nd Ohio Senate
Through February 12, 2018

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To increase penalties for drug trafficking violations, drug possession violations, and aggravated funding of drug trafficking when the drug involved in the offense is a fentanyl-related compound, to revise the manner of determining sentence for certain violations of the offense of permitting drug abuse, and to add lisdexamfetamine to the list of schedule II controlled substances. Am. 2925.01, 2925.02, 2925.03,2925.04, 2925.05, 2925.11, 2925.13, 2925.36, 2929.01, 2929.14, 2941.1410, 3719.41, 3719.99, and 4729.99
OPAA: Support 2/23/17
Passed Senate 3/29/17

To revise specified laws relating to environmental protection. Am. 1506.21, 1506.23, 3714.01, 3714.02, 3714.051, 3714.06, 3714.062, 3714.082, 3734.061, 3734.19, 3734.20, 3734.21, 3734.22, 3734.23, 3734.30, 5301.80, 6109.02, 6109.08, 6109.24, 6111.03, 6111.04, 6111.07, and 6111.30 and to enact sections 3714.022, 6109.25, 6111.052, 6111.33, and 6111.34

SB4 HUMAN TRAFFICKING (Kunze, S., Oelslager, S.)
To allow a person who is found not guilty of an offense or who is the defendant named in a dismissed criminal charge to apply for a court order to expunge the person's official records in the case if the charge or not guilty finding was the result of the applicant having been a human trafficking victim, to allow a person convicted of certain prostitution-related offenses to apply for the expungement of the conviction record of any offense, other than a specified disqualifying offense, the person's participation in which was a result of having been a human trafficking victim, and to allow intervention in lieu of conviction for persons charged with committing an offense while a victim of compelling prostitution. Am. 2951.041 and 2953.38 and to enact section 2953.521
OPAA: Support with Murphy amendments 2/23/17 Oppose Yost amendment (re: judicial discretion on f1/f2). Maintain support with John’s amendments. Time limit is problematic. 3/23/17
Passed Senate 5/17/17

SB7 PROTECTION ORDERS (Bacon, K., Manning, G.)
To provide that service of a protection order or consent agreement upon a person is not necessary for the person to be convicted of the offense of violating a protection order if the person had actual notice of the order or agreement and the person recklessly violated its terms. Am. 2919.27
OPAA: Support 2/23/17
Signed by Governor 6/28/17

SB12 DEATH PENALTY (Tavares, C.)
To provide that a defendant cannot be executed if the defendant's race was the basis of the decision to seek or impose the death penalty, to permit a defendant to file a motion alleging that the defendant's race was the basis of the decision to seek or impose the death penalty, and to specify the procedure for determining if the defendant's race was the basis of that decision. Am. 2929.07
OPAA: Opposed SB67 131st

To grant a person the right to lawfully record any incident involving a law enforcement officer and to impose civil liability upon the state or a local law enforcement agency if a law enforcement officer employed by the state or local law enforcement agency interferes with the recording of the incident, destroys the recording, seizes the recording without a warrant or subpoena or the person's consent, or retaliates against the person who recorded the incident. Am. 2315.18, 2323.43, 2744.02, 2744.03, 2744.04, and 2744.05 and to enact sections 2743.021, 2744.021, and 2744.022
OPAA: Opposed SB174 131st

To prohibit prosecuting attorneys of counties with a population of 400,001 or more from engaging in the private practice of law. Am. 309.02 and 325.11
OPAA: No position 3/23/17

To require an additional prison term of 3 to 8 years for an offender who is convicted of or pleads guilty to a felony offense of violence if the offender is convicted of or pleads guilty to a specification that the victim suffered permanent disabling harm. Am. 2929.01, 2929.13, and 2929.14 and to enact section 2941.1425
OPAA: Support 2/23/17
Passed Substitute (13 under, 21 under if disabled) Senate 4/5/17

To authorize counties to adopt resolutions regulating motor vehicle traffic on county and township roads.
OPAA: Oppose 2/23/17

To provide a prosecutor an additional fourteen days to commence a trial after a person charged with a felony has been discharged because the person has not been brought to trial within the required amount of time and to authorize the court to release the person from detention in connection with those charges pending trial.
OPAA: Support 2/23/17. Plan B approved 4/19/17. Judge determine remedy, taking into account several factors. Similar to Fed.
Passed Senate 32-0 5/3/17

To allow disclosure of information from the law enforcement automated data system (LEADS) to a defendant in a traffic or criminal case.
OPAA: Support 3/23/17
Passed Senate 4/5/17
Signed by Governor 12/22/17

SB40 AGGRAVATED MURDER (Eklund, J., Williams, S.)
To provide that a person convicted of aggravated murder who shows that the person had a serious mental illness at the time of committing the offense cannot be sentenced to death for the offense and to provide a mechanism for resentencing to a life sentence a person previously sentenced to death who proves that the person had a serious mental illness at the time of committing the offense.
OPAA: Opposed SB162 131st

To provide generally a testimonial privilege for communications between a qualified advocate rendering advocacy services and a victim of sexual violence, menacing by stalking, or domestic violence, to exempt the nondisclosure of that privileged communication from the offense of failure to report a crime, to require a qualified advocate to report knowledge or reasonable suspicion of child abuse or neglect of the victim except for privileged communications, and to specify circumstances in which the victim is considered to have waived the privilege. Am. 2151.421, 2317.02, and 2921.22
OPAA: Opposed 3/23/17 Non-governmental agents (our victim advocates) an issue, hinders truth seeking process.

To expressly provide that drug offense penalties that refer to a particular type of drug also apply to a compound, mixture, preparation, or substance containing a detectable amount of that drug and to declare an emergency. Am. 2925.02, 2925.03, 2925.04, 2925.05, 2925.11, 2925.12, 2925.14, 2925.141, 2925.22, 2925.23, 2925.36, 2925.51, 2929.14, 3719.99, and 4729.99
OPAA: Support 2/23/17

SB60 DRONE USE (Skindell, M., Jordan, K.)
To regulate the use of drones for gathering evidence and information by law enforcement officers in Ohio.
OPAA: Oppose 4/19/17. Should be treated the same as "manned" operations.

To eliminate mandatory bindovers and reverse bindovers, and modify the rules and procedures regarding a discretionary bindover, of an alleged juvenile offender from a juvenile court to a criminal court.
OPAA: Oppose 2/23/17

SB66 CRIMINAL LAWS (Eklund, J., Tavares, C.)
To modify criminal sentencing and corrections law by including rehabilitation as a purpose of felony sentencing, removing the one-year minimum for presumptive fourth or fifth degree felony community control sanctions, modifying sanctions for a violation of a community control condition, modifying the manner of calculating confinement credits, modifying eligibility criteria and procedures for granting intervention in lieu of conviction, making offenders convicted of certain multiple fourth or fifth degree felonies eligible for conviction record sealing, revising procedures for the Adult Parole Authority to grant a final release or terminate post-release control, and modifying the criteria for considering a prison term sanction for a post-release control violation.

SB67 Violent offender registry - Gardner
OPAA: Support generally. 3/23/17

To amend the child support laws.
Signed by Governor 2/8/2018

Regarding property liens for unpaid county or municipal water service charges. Am. 743.04 and 6103.02

To amend the law governing criminal trespass to specify that placing purple paint marks on trees or posts constitutes posting notice in a manner reasonably calculated to come to the attention of potential intruders. Am. 2911.21
OPAA: Opposed 3/23/17. Too problematic. Marked trees can’t be unmarked, etc...

SB81 FIREARMS (Terhar, L.)
To waive the concealed carry license fee for active members of the armed forces and retired and honorably discharged veterans, to accept military experience with firearms as proof of competency with firearms regardless of when the applicant for a license acquired the experience, to permit a licensee to renew a concealed handgun license at any time before the expiration of the license, and to require the Attorney General to monitor the number of license fees waived and cap the total amount allowed to be waived at $1.5 million.
OPAA: Support 3/23/17

To establish the duties and authority of the Attorney General to investigate and prosecute cases relating to the death of a person caused by a peace officer.
OPAA: Oppose. See same issue in report of Supreme Court Task Force re the Grand Jury.

To abolish the death penalty and to declare an emergency.
OPAA: Oppose. Past positions

SB100 DISCRIMINATION LAWS (Skindell, M., Tavares, C.)
To prohibit discrimination on the basis of sexual orientation or gender identity. (Check changes to 2907.03)
OPAA: No Position 3/23/17

SB122 Concealed weapons (Jordan, K)
To permit concealed handgun licensees to carry concealed handguns in the statehouse and on its grounds.
OPAA: No position 4/19/17

SB125 Child Support (Beagle)
Update child support law and guidelines
OPAA: Support 10/19/17

SB142 FIREARMS (Jordan, K.)
To allow a concealed handgun licensee to carry concealed all firearms other than dangerous ordnance or firearms that state or federal law prohibits the person from possessing and to provide that a person 21 years of age or older and not prohibited by federal law from possessing or receiving a firearm does not need a concealed handgun license in order to carry or have a concealed firearm and is subject to the same laws regarding concealed firearm carrying as a concealed handgun licensee. Am. 109.69, 109.731, 1547.69, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.124, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1210, 2923.1213, 2923.16, and 4749.10 and to enact section 2923.111
OPAA: Tabled 5/25/17

SB145 ABORTION (Huffman, M.)
To criminalise (F4) and create a civil action for dismemberment abortions.
OPAA: No Position 5/25/17

To prohibit a person convicted of domestic violence or assault of a family member, or a person subject to certain protection orders, from having a firearm; to establish a procedure for surrendering all firearms in the person's possession; and to name the act the "Domestic Violence Survivors Protection Act." Am. 2903.13, 2919.25, 2919.26, 2923.13, 2923.14, and 3113.31 and to enact sections 2923.133 and 2923.134
OPAA: Support 5/25/17. Vote 12 - 10. Could have a big effect on CPO’s.

SB158 ELDER FRAUD (Wilson, S.)
To develop best practices and educational opportunities to combat elder fraud and exploitation and to fine and require full restitution from offenders who are found guilty of certain fraud-related crimes against the elderly. Am. 2913.02, 2913.21, 2913.31, 2913.43, 2913.49, and 5101.61 and to enact sections 109.67 and 173.95
OPAA: Support 5/25/17

SB159 RECORD SEALING (Williams, S.)
To permit a person to apply for the sealing of the official records pertaining to a case in which the person was convicted of an offense for which the person is granted a pardon. Am. 2953.51, 2953.52, and 2953.55
OPAA: Oppose. Even though pardoned, the crime still happened, the defendant was still found guilty of the crime, and the record should not be sealed. 6/22/17

To increase the felony penalty that applies to the offense of violating a protection order under certain circumstances and to require electronic monitoring of those convicted of violating certain protection orders to be carried out by probation agencies. Am. 2919.27
OPAA: Support 8/24/17

SB180 FIREARM LAWS (Uecker, J., Hottinger, J.)
To assign to the prosecution the burden of disproving a self-defense or related claim, to expand the locations at which a person has no duty to retreat before using force under both civil and criminal law, and to modify the Concealed Handgun Licensing Law regarding a licensee's duty to keep the licensee's hands in plain sight, the penalties for illegally carrying a concealed firearm or improperly handling firearms in a motor vehicle, and the posting of warning signs regarding the possession of weapons on specified premises. Am. 307.932, 2307.601, 2901.05, 2901.09, 2923.12, 2923.126, 2923.16, and 2953.37 and to repeal section 2923.1212
OPAA: Sister to HB228

SB195 DOGS LAW (Beagle, B.)
To revise provisions of the Dogs Law governing nuisance, dangerous, and vicious dogs, to revise enforcement of that Law, and to establish a notification process regarding complaints of certain violations of that Law. Am. 109.73, 955.11, 955.12, 955.22, 955.222, 955.44, 955.54, and 955.99 and to enact sections 955.13, 955.223, 955.224, 955.225, and 955.60
OPAA: Tabled 10/19/17. Don’t care for arrest authority, notice on door language.

SB196 BULLYING (Williams, S.)
To create the offense of aggravated bullying, a third-degree misdemeanor. Am. 2903.23

SB197 BULLYING (Williams, S.)
To require a tiered disciplinary procedure for harassment, intimidation, or bullying in school; to require annual student instruction about preventing such acts; and to create the offense of aggravated bullying as a third-degree misdemeanor. Am. 3313.666 and to enact section 2903.23

SB 200 BMV Jury Source List (Thomas)
To amend section 2313.06 of the Revised Code to require the names submitted by the Bureau of Motor Vehicles to the commissioners of jurors to be included on the annual jury source list compiled by the commissioners.
OPAA: Oppose mandatory factor. Can already be used. No accountability for prosecutor if person on jury isn’t registered to vote. 10/19/17

SB201 PRISON TERMS (Bacon, K., O'Brien, S.)
To provide for indefinite prison terms for first or second degree felonies and specified third degree felonies, with presumptive release of offenders sentenced to such a term at the end of the minimum term; to generally allow the Department of Rehabilitation and Correction to reduce the minimum term for exceptional conduct or adjustment to incarceration; to allow the Department to rebut the release presumption and keep the offender in prison up to the maximum term if it makes specified findings; and to name the act's provisions the Reagan Tokes Law. Code Sections Am. 109.42, 121.22, 149.43, 2903.06, 2903.08, 2903.11, 2903.12, 2905.01, 2905.32, 2907.02, 2907.03, 2907.05, 2907.07, 2919.22, 2919.25, 2921.321, 2921.36, 2923.132, 2925.01, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.11, 2929.01, 2929.14, 2929.142, 2929.15, 2929.19, 2929.191, 2929.20, 2929.61, 2930.16, 2943.032, 2953.08, 2967.01, 2967.021, 2967.03, 2967.13, 2967.19, 2967.191, 2967.193, 2967.26, 2967.28, 2971.03, 3719.99, 5120.53, and 5120.66 and to enact sections 2901.011, 2929.144, and 2967.271

SB202 OFFENDER RE-ENTRY (Bacon, K., O'Brien, S.)
To require the Department of Rehabilitation and Correction to establish a reentry program for all offenders released from prison who it intends to have reside in a halfway house or similar facility but who are not accepted by any such facility; to require the Adult Parole Authority to establish maximum work-load and case-load standards for its parole and field officers and have enough trained officers to comply with the standards; to require that GPS monitoring used for offenders released from prison under such monitoring specify restrictions, including inclusionary zones and necessary exclusionary zones; to require the Department to establish system requirements for GPS monitoring of such offenders by the Department or third-party contract administrators; to require the Department to operate a statewide database for law enforcement use containing specified information about such offenders; to require that third-party administrators for GPS monitoring under a new contract with the Department provide and use a law enforcement-accessible crime scene correlation program; and to name the act's provisions the Reagan Tokes Law. Code Sections Am. 2967.14, 5120.021, 5120.113, and 5149.04 and to enact section 5120.038
OPAA: See HB 365

To expand the offense of felonious assault to include knowingly causing or attempting to cause physical harm to another person by means of strangulation or suffocation.

To allow a law enforcement officer or investigator, whether on or off duty, to carry a weapon on certain premises open to the public
OPAA: Support with badge and ID requirement. 10/19/17

SB214 GENITAL MUTILATION (Terhar, L., Lehner, P.)
To prohibit female genital mutilation. Code Sections En. 2903.32 Creates F5 plus additional fine of up to $25,000.
OPAA: Support if F2. F5 too low. Would be a better fit in the felonious assault section rather than new code. Eliminate defenses. 1/25/18

OPAA: Tabled 11/29/17

SB219 FIREARM ACCESSORIES (Thomas, C.) To prohibit certain conduct regarding trigger cranks, bump-fire devices, and other items that accelerate a semi-automatic firearm's rate of fire but do not convert it into an automatic firearm. Am. 2923.13 and 2923.14 and to enact section 2923.133

SB231 OFFENDER DATABASE (Gardner, R.) To provide for a violent offender database, require violent offenders to enroll in the database, and name those provisions of the act "Sierah's Law;" to modify the membership and duties of the Ex-Offender Reentry Coalition and eliminate its repeal; to require halfway houses to use the single validated risk assessment tool for adult offenders that the Department of Rehabilitation and Correction has developed; and to provide that the notice of release from prison of specified serious offense offenders that is given to sheriffs is to be the same as that provided to prosecuting attorneys and eliminate the notice to sheriffs regarding pardons, commutations, paroles, and transitional control transfers of offenders. Am. 2967.121, 5120.07, and 5120.114, to enact sections 2903.41, 2903.42, 2903.43, and 2903.44, and to repeal section 2967.122

SB235 SEX OFFENDER REGISTRY CHANGES (Sen. John Eklund) To create a procedure for certain tier II sex offenders convicted of unlawful sexual conduct with a minor to petition a court for reclassification or removal from the sex offender registry and to permit record sealing in those cases.

To remove switchblades, blackjacks, brass knuckles, other items from 2923.18 and 2923.20 and allow manufacture, sale, or furnishing.
OPAA: Tabled 1/25/18. Need? Talk to LaRose.

SB244 PROSTITUTION (Dolan, Manning)
Increase penalty for promoting prostitution.
OPAA: Support 1/25/18

SB 251 PRIVATE IMAGES (Schiavoni, J.) To prohibit the non consensual dissemination of private sexual images, to require that certain property involved in the offense be criminally forfeited, and to create certain legal rights and employment protections of a victim of the offense. Am. 2907.01, 2907.31, 2981.02, and 2981.04 and to enact sections 9.74, 2307.66, 2917.211, 3345.49, 4113.90, 4113.91, 4113.92, 4113.93, and 4113.94

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