Ohio Prosecuting Attorneys Association

HB-16 / Speeding violations / Sears
To prohibit conviction for speeding based on peace officer’s unaided visual estimation of speed.
OPAA: Oppose 2/17/11

HB-20 / Intimidation / Burke
OPAA: Suport 2/17/11

HB-22 / Animal liability / Bubp
OPAA:

HB-25 / Animal cruelty / Combs
Revise animal cruelty statutes, protection orders, pit bulls, etc. No new felony.
OPAA:

HB-33 / Public records / Snitchler
Federal officers
OPAA:

HB-34 / Sex crimes / Snitchler
Mandatory sentences, expansion of GSI and child endangering.
OPAA: Oppose 2/17/11

HB-37 / SORN / Luckie
Registrant with no fixed residence address; GSW monitoring
OPAA: Oppose 2/17/11

HB-38 / School security guards / Luckie
Criminal penalties for assault.
OPAA: Oppose 2/17/11

HB-45 / Concealed firearms / Bubp
Permits licensee to carry concealed firearm in bars
OPAA: Oppose weapons in liquor permit premises. OK with changes to carrying weapon in vehicle. 2/17/11

HB-53 / Sexting / Maag
OPAA: Oppose 1/13/11

HB-54 / Firearm rights / Maag
To restore civil firearm rights in accordance with U.S. Supreme Court case law.
OPAA: Support 2/17/11

HB-62 / Nurse assault / Gonzales
Increase penalty to knowingly assault a nurse on duty.
OPAA: Oppose 2/17/11

HB-64 / Controlled substances / Ruyhl
Cannabinoids
OPAA:

HB-66 / Fraud Reporting System / McGregor
Requires Auditor of State to establish a fraud reporting system.
OPAA: Support 6/23/11

HB-69 / Pension systems / Wachtmann
Revisions to state retirement systems
OPAA: Anyone eligible to retire within 5 years of effective date of the bill should be grandfathered in, including COLA. Group A people. All purchased credit for elected time should count in determining eligibility for any benefit. Want full value of the purchase of time. Also purchase of service credit with pre-tax money issue (Clermont). 2/17/11

HB-71 / Prescription drugs / Luckie
To create the Ohio Official Prescription Program
OPAA: Apparently not applicable

HB-77 / Sex offenses / Hackett
SORN, time of commission of the offense.
OPAA:

HB-78 / Abortion / Uecker
Revise criminal laws regarding post-viability abortions
OPAA: No position 2/17/11

HB-80 / Sexting / Pillich
OPAA: Oppose 2/17/11

HB-86 / Sentencing / Blessing
Same as SB-10
OPAA: See SB-10

HB-88 / Prosecutors - libraries / Murray
Prosecutor counsel to all tax-suppported public libraries.
OPAA: Support 2/17/11

HB-90 / Assault / police volunteers / Driehaus
OPAA:

HB-93 / Prescription drugs / Burke
Prescription drug abuse, Pharmacy Board. Use of evidence problem.
OPAA: Support, also support amendments re access to an use of evidence from database. 2/17/11

HB-103 / Address confidentiality / Clyde
OPAA:

HB-105 / Domestic violence / Murray
Concerning employment, landlord-tenant issues. Not applicable?
OPAA:

HB-108 / Animal treatment / Gerberry
OPAA: Oppose 3/24/11

HB-113 / Public records / Lundy
Public-private partnerships.
OPAA:

HB-118 / Judicial attacks / Fende
Higher penalties for assault on magistrate or judge, etc.
OPAA: Support capital offense, otherwise consistent with PA 3/24/11

HB-132 / Drug possession / DeGeeter
To require a court to consider that the offender was seeking medical assistance for a drug-related overdose.
OPAA: Oppose 3/24/11

HB-153 / Biennial budget / Amstutz
OPAA: Remove criminal provisions. Modify the centralized operations of commissioners. 4/21/11

HB-154 / Healthcare assault / Slesnick
Increase the penalty for assault of a health care professional, health care worker, or security officer at hospital.
OPAA: Oppose 3/24/11

HB-160 / Death penalty / Celeste
Repeal the death penalty
OPAA: Oppose 3/24/11

HB-171 / Prohibit human cloning / Thompson, A.
OPAA: No position 4/21/11

HB-182 / Syringe exchange / Foley
OPAA:

HB-186 / Employer organizations / Adams
OPAA:

HB-214 / Medical marijuana / Yuko
OPAA: Oppose 5/26/11

HB-235 / Identity intimidation / Stinziano
OPAA: Oppose 5/26/11

HB-247 / Court costs / Butler
Court may waive costs of prosecution?
OPAA: Support 6/23/11

HB-256 / Concealed weapons / Adams
To authorize CCW without obtaining a license.
OPAA:

HB-260 / Cockfighting / Derickson
OPAA:

HB-262 / Human trafficking / Fedor
OPAA: Table. Consult with AG. 8/25/2011
From Gongwer Report 5/23/2012:
John Murphy, executive director of the Ohio Prosecuting Attorneys Association, pointed out areas of concern to his organization.

He spoke of a diversion program available to juveniles who are engaged in solicitation and prostitution. Mr. Murphy said he was under the impression that the program would be available only to those engaged in the acts through being subjected to human trafficking and not to a person who is soliciting or participating in prostitution under other circumstances.

However, he told the committee language in the bill would allow a court to direct a youth who is "out there on her own" to be added to the program at the court's discretion.

Mr. Murphy said OPAA would recommend that the language be changed to reflect that the person participating in solicitation of prostitution must be a victim of trafficking to qualify. In addition, a person who feloniously participates in solicitation because he or she knowingly has HIV and continues to engage in sex also could be eligible under the bill for diversion, he said.

"We think it ought to be limited to misdemeanor offenses, but that's an issue that I think needs some thought there," Mr. Murphy said.

In addition, the legislation appears to lack a standard for courts to place people in the diversion program, Mr. Murphy said.

Mr. Murphy also said OPAA does not support language that could subject a John participating in a "one-time engagement" with a prostitute to trafficking statutes, which could carry a minimum 10-year incarceration.

While the normal penalty for a first-degree felony is a 3- to 11-year sentence, the bill would make the punishment for trafficking a 10- to 15-year sentence, which is meant to reflect federal statutes, Mr. Murphy said. The change would make trafficking carry a heavier penalty than other first-degree felony charges such as rape, attempted murder, aggravated robbery, which he said OPAA believes is a mistake.

HB-265 / Jury waiver / Slaby
Prosecutor demand a jury trial
OPAA: Support

HB-268 / Jury service / Szollosi
OPAA:

HB-272 / Street racing / Celeste
OPAA: Support. See HB-191 last session

HB-286 / Illegal immigrants / Combs
PA and AG investigate firms hiring illegal aliens?
OPAA: Oppose 8/25/11

HB-289 / Bestiality / Goyal
To create the offense of bestiality
OPAA: Support 6/23/11

HB-290 / Dog warden assault / Garland
Make it a felony
OPAA: Oppose 8/25/11

HB-293 / Pharmacy crimes / Stinziano
Increases penalties for crimes committed near pharmacies.
OPAA: Oppose 8/25/11

HB-294 / Public records / Celeste
LSC communication with outside parties.
OPAA:

HB-299 / Report missing child / Stinziano
OPAA: Oppose as drafted. Amend into child endangering. 8/25/11

HB-300 / Search and rescue dogs / Goyal
OPAA: Table 8/25/11; Oppose 9/21/11

HB-301 / Missing children / Hottinger
Report of missing and deceased children
OPAA: Oppose as drafted. Amend into child endangering. 8/25/11

HB-303 / Health care workers / Schuring
General overhaul of applicable statutes. Not applicable?
OPAA:

HB-315 / Election complaints / Baker, N.
Increases penalty for false statements in campaign or election materials.
OPAA: Oppose 9/21/11

HB-326 / Use of public funds re elections / McClain
OPAA: No position. Believe covered by current law. 1/19/12

HB-328 / CCW license records / Uecker
Requires court order for journalist to view CCW license records.
OPAA:

HB-329 / Telecommunications fraud / McGregor
To give the AG subpoena power. PA and AG investigate firms hiring illegal aliens?
OPAA: Oppose 8/25/11

HB-334 / Prescription tracking / Johnson, T.
Criminal sections -?-
OPAA: Support 1/19/2012

HB-352 / Exotic animals / Phillips
OPAA: No Position. Wait for report from Governor's commission. 1/19/12

HB-378 / Illegal residents / Young
OPAA:

HB-384 / Assault on transit system worker / Driehaus
OPAA:

HB-385 / Criminal mischief / Williams, S.
Computer contaminant, create offense of criminal use of a computer.
OPAA: Tabled for additional information. 1/19/12

HB-386 / Gambling / Blessing
Regulation of video lottery terminals, casino gaming, and horse racing.
OPAA:

HB-388 / Double dipping / Damschroder
OPAA:

HB-414 /Telecom harassment / Anielski
OPAA:

HB-419 / Rape victims / Antonio
Services for victims of sex offenses.
OPAA:

HB-422 / CW / Maag
Conduct re traffic stops etc.
OPAA: Oppose 2/16/12

HB-425 / CCW / Maag
CCW in State Underground Parking Garage, other government facilities.
OPAA: No position 2/16/12

HB-430 / County competitive bidding / Boose
Increases bidding thresholds.
OPAA: Oppose 2/16/12

HB-461 / Family law / Stebleton
Establishes a collaborative family law process.
OPAA: Table for study of prior bill. 3/15/12; O.K. 4/18/12

HB-465 /Corporate trials / Foley
To permit trial of a corporation in absentia.
OPAA: Support 3/15/12

HB-467 / Controlled substances / Johnson
Enforcement powere, pain management clinics, classification of substances. Apparently not applicable

HB-468 / Property owner homicide / Stinziano
OPAA: Oppose. Covered by involuntary manslaughter. 3/15/12

HB-477 / Prosecutor appeals / Slaby
OPAA: Support 4/18/12

HB-487 / Mid-biennium review / Amstutz
OPAA:

HB-488 / Rape Crisis Program Trust Fund / Baker
Court costs to fund rape crisis centers.
OPAA: Study 4/18/12

HB-495 / Concealed handgun licensing / Johnson, T.
Reciprocity with other states, definition of unloaded
OPAA: Oppose 4/18/12

HB-509 / MBR - Local government / Blair
Includes provision on VD testing.
OPAA:

HB-524 / Collateral sanctions, etc / McGregor
OPAA: Oppose provisions concering housing of 18, 19, 20 year olds charged with juvenile offenses; oppose change re durg paraphernalia; oppose expansion of eligibility for sealing of records; oppose two year waiting period for application to seal juvenile records; oppose precluding juvenile adjudications from background checks. Otherwise no position. 5/17/12

HB-529 / Fiscal officer training, removal / Hagan, C.
OPAA: Support except increase in penalty for dereliction of duty. 5/17/12

HB-530 / Precious metals dealers / Henne
OPAA:

HB-533 / HB-86 corrections / Blessing
OPAA: Discussed, tabled for further research, study. 5/17/12

HB-535 / Communicatons interception / Hill, B.
To exempt a parent or loco parentis from prohibition on interception of wire or oral communication
OPAA: Discussed, tabled for futher research, study. 5/17/12

HB-552 / Abortion / Martin, J.
Decapitation of a fetus
OPAA:

HB-561 / Child support / Slaby
All civil
OPAA:

HB-563 / Firearm storage / Patmon
OPAA: Oppose 6/21/12

HB-565 / Security breaches
Requires govt agencies that maintain databases that contain personal information to report to AG in event of a breach. AG to maintain database of such breaches.
OPAA:

HB-566 / HIV notification / Slaby
To authorize court to advise victim of result of HIV test of defendant.
OPAA:

HB-567 / Professional licenses / Sears
Revises statutes re licensing of social workers, marriage counselors, family therapists.
OPAA:

HB-572 / Adult protective services / Dovilla
Reporting of abuse, neglect. Elder commission, OPAA rep.
OPAA:

HB-573 / State-wide data centers / Schuring
OPAA:

HB-576 / Bail notices / Hottinger
Requires notice to law enforcement if defendant to reside in a political subdivision different from where crime was committee.
OPAA: Table. Talk to clerks, BSSA. Redraft. 8/16/12

HB-578 / Sexual conduct / C. Hagan
Sexual conduct with students.
OPAA: Support. 8/16/12. Redraft to apply to all school employees.

HB-580 / Immigration enforcement / Combs
OPAA: Oppose. Can do this under current law? 8/16/12

HB-591 / Life support / Boose
Statutory priority of relative to decide life support procedures forfeited if individual charged with agg assault or fel assault on the victim.
OPAA:

HB-592 / Court recordings / Williams, S.
To require an audio electronic recording.
OPAA:

HB-595 / Firearm possession / Patmon
OPAA:

HB-597 / Custodial interrogation / Heard
Interrogations of juveniles.
OPAA:

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