Ohio Prosecuting Attorneys Association     Home Contact Us
About OPAA
For Members Resources & Materials Press Room Events
OPAA Member Page


Bills of interest to the Association pending in the 132nd Ohio House of Representatives
Through December 27, 2018

View 130th House bills
View 131st House bills
View OPAA Legislative Newsletter

To authorize the issuance of dating violence protection orders with respect to conduct directed at a petitioner alleging dating violence, to provide access to domestic violence shelters for victims of dating violence, and to require the Attorney General's victim's bill of rights pamphlet to include a notice that a petitioner alleging dating violence has the right to petition for a civil protection order.
OPAA: No Position 2/23/17
Passed House 2/28/17

HB4 COCAINE OFFENSES (Cupp, R., Rogers, J.)
To provide that in determining the amount of cocaine for trafficking and possession offenses, it also includes a compound, mixture, preparation, or substance containing cocaine, and to declare an emergency.
OPAA: Support 2/23/17
Passed House 2/15/17

To prohibit a person who publishes or disseminates criminal record information from soliciting or accepting a fee to remove, correct, modify, or refrain from publishing or otherwise disseminating the information and to provide criminal and civil remedies for a violation of the prohibition.
Signed by Governor 10/19/17

HB8 RECORDS EXEMPTION (Hambley, S., Rezabek, J.)
To exempt from the Public Records Law certain information concerning a minor that is included in a record related to a traffic accident involving a school vehicle in which the minor was an occupant at the time of the accident.
Passed House 5/24/17

To specify that the alternative protocol for proceeding into an intersection with malfunctioning traffic lights due to a failure of a vehicle detector applies only to bicycles.
Signed by Governor 4/30/17

HB13 JURY SERVICE (Gonzales, A.)
To permit a prospective juror who is a mother who is breast-feeding her baby to be excused from jury service.

HB19 DRUG PRODUCTION (Blessing, L., Landis, A.)
To include recklessly causing, by means of fire or explosion, physical harm to the offender's or another person's motor vehicle, house, building, or other structure, or to any other
property of another person, while manufacturing or attempting to manufacture a controlled substance, as a violation of the offense of arson.

HB20 COMPENSATORY DAMAGES (Gonzales, A., Boggs, K.)
To remove the cap on the amount of compensatory damages that represents damages for noneconomic loss that is recoverable in a tort action when the tort action is brought by a victim of rape, felonious assault, aggravated assault, assault, or negligent assault.

To make appropriations for programs related to transportation and public safety for the biennium beginning July 1, 2017, and ending June 30, 2019, and to provide authorization and conditions for the operation of those programs.
Passed House 3/22/17

HB29 WATER RESERVOIRS (Leland, D., Boggs, K.)
To eliminate law authorizing the maintenance of buffers around municipal water reservoirs by contiguous property owners.

HB30 PRISON TERMS (Koehler, K.)
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 and that the victim was under 6 years of age at the time of the offense.
OPAA: Support 2/23/17 (prefer SB20 with no age requirement)

To specify that the criminal penalty related to casino operators and employees participating in casino gaming applies at their casino facility or an affiliated casino facility.
OPAA: No position SB256 131st
Passed Senate 5/24

To prohibit any person from storing or leaving a firearm in the person's residence unless the firearm is secured in safe storage or rendered inoperable if the person knows or reasonably should know that a minor is able to gain access to the firearm and to provide criminal penalties if a minor gains unauthorized access to a firearm not so stored or rendered inoperable.

HB34 PUBLIC NOTICES (Hambley, S., Ryan, S.)
To authorize certain state agencies, local governments, and other boards, commissions, and officers to deliver certain notices by ordinary mail and electronically instead of by certified mail.
Passed House 2/28/17

To provide that purposely causing the death of a first responder or military member is aggravated murder and to require an offender to serve the prison term imposed for felonious assault on a peace officer, investigator, first responder, or military member consecutively to the prison term imposed for any related offense.
OPAA: Support 4/19/17
Signed by Governor 12/19/18

HB42 UNSAFE TIRES (Sprague, R., DeVitis, T.)
To prohibit the installation of unsafe used tires on certain motor vehicles.
OPAA: No Position HB574 131st

HB49 Budget Bill
OPAA: Oppose high school credit and release of F5 detainees to county/private jails. Too important of a change to hide in a budget bill.

HB56 HUMAN TRAFFICKING (Dever, J., Gavarone, T.)
To permit a person who is found not guilty or is the defendant in a dismissed case to apply for an expungement of the person's records in the case if the complaint, indictment, or finding of not guilty resulted from the applicant having been a victim of human trafficking, to permit a person convicted of certain prostitution-related offenses to apply for the expungement of any record of conviction of an offense, with certain exceptions, if the person's participation in the offense was a result of having been a victim of human trafficking, and to authorize 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. Stay consistent with John’s notes on SB-4. 3/23/17

HB63 PRISON TERMS (Hughes, J.)
To require an additional prison term for felonious assault of 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, or 20 years if the offender also is convicted of a specification that charges that the harm caused by the violation resulted in a permanent, serious disfigurement or substantial incapacity or that the offender used an accelerant in committing the violation and to name the act's provisions "Judy's Law."
OPAA: Support concept, preferred SB20 prior to age hurdle. Agree with any legislation that address this issue. 2/23/17
Passed House 5/24/17

HB64 RECORD EXPUNGEMENT (Schuring, K., Reece, A.)
To provide for the expungement of official records related to the apprehension, arrest, criminal charging, or trial of a person based on mistaken identity. Am. 2953.51, 2953.52, 2953.53, 2953.54, 2953.55, and 2953.61.
OPAA: Oppose as written. Rewrite with limited to sealing of court record or charging record. Would seem to limit prosecution for ID theft if record is expunged. 3/23/17

HB68 VOYEURISM (Anielski, M.)
To include an impaired person as a potential victim of voyeurism, to include conduct involving an impaired person within the offenses of pandering obscenity involving a minor, pandering sexually oriented matter involving a minor, and illegal use of a minor in a nudity-oriented material or performance, and to prohibit an owner, operator, administrator, or employee of a care facility from creating, sharing, reproducing, or publishing any image of a care facility resident without a proper purpose and without prior written consent from the resident. Am. 2903.33, 2903.34, 2907.08, 2907.321, 2907.322, 2907.323, and 2929.13.
Passed House 6/7/17

To specify that failure to display a license plate on the front of a motor vehicle that is required to display a front license plate is a secondary traffic offense and to establish a maximum fine of $100 for such an offense. Am. 4503.21 and 4511.043

To revise the laws governing the provision of adult protective services.
OPAA: Support 3/23/17

HB79 FIREARMS TRAINING (Retherford, W., Hagan, C.)
To provide for firearms training for tactical medical professionals; to permit such a professional who has received that training and has been authorized by the law enforcement agency to carry firearms while on duty; and to grant such a professional the same right to carry a concealed handgun in this state as a concealed handgun licensee. Am. 109.71, 109.73, 109.75, 109.79, 109.801, and 2923.126 and to enact sections 109.748 and 109.771
OPAA: Support 3/23/17

HB81 DEATH PENALTY (Seitz, B., Antonio, N.)
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. Am. 2929.02, 2929.022, 2929.024, 2929.03, 2929.04, 2929.06, 2953.21, and 2953.23 and to enact section 2929.025
OPAA: Oppose. Could go neutral if retroactivity and rational judgement are removed. 6/21/2018

To require an offender who knowingly commits the offense of public indecency under certain circumstances involving exposure of private parts likely to be viewed by minors and for the purpose of sexual arousal or gratification to register as a Tier I sex offender/child-victim offender. Am. 2907.09 and 2950.01

HB95 DISTRACTED DRIVING (Hughes, J., Seitz, B.)
To establish an enhanced penalty for committing a moving violation while distracted if the distraction is the apparent cause of the violation and to reenact provisions of law that specified that certain electronic wireless communications device violations were allied offenses of similar import. Am. 4511.03 et.al.
OPAA: Support 3/23/17

HB96 SEX OFFENSES (Hughes, J.)
To increase the penalty for sexual imposition when the offender previously has been convicted or pleaded guilty three or more times of any of several specified sex offenses and to repeal the corroboration requirement for a sexual imposition conviction. Am. 2907.06, 2929.24, and 2929.41
OPAA: Support 3/23/17

HB97 SEX OFFENSES (Johnson, G., Boggs, K.)
To eliminate the spousal exceptions for the offenses of rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, sexual imposition, importuning, and public indecency and to permit a person to testify against the person's spouse in a prosecution for any of those offenses. Am. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.09, and 2945.42
OPAA: Too broad. Better considered statute by statute to remove exemption. Oppose 3/23/17

HB109 PRISON TERMS (Patmon, B.)
To create specifications that impose an additional prison term on a felony offender who commits the offense against a disabled person or elderly person and a period of Department of Youth Services commitment on a delinquent child for felony act committed against a disabled or elderly person, for felony offenses that do not delineate enhanced penalties when a disabled or elderly person is the victim of the violation. Am. 2152.17, 2929.13, and 2929.14 and to enact sections 2941.1425 and 2941.1426
OPAA: Support 3/23/17

HB117 OPIOID THERAPY (Huffman, S., Brenner, A.)
To establish a statewide pilot program for the provision of long-acting opioid antagonist therapy for offenders convicted of an opioid-related offense who will be released from confinement on supervised release, and to specify that the therapy is to be provided during both their confinement and their supervised release. Am. 2929.16 and 2929.26 and to enact sections 341.43, 753.34, and 5145.33
OPAA: Oppose. 4/19/17

To make changes to the licensing and records requirements, exemptions, penalties, and other provisions of the Precious Metal Dealers Law. Reduces penalty: “Sec. 4728.99. (A) Whoever recklessly violates Chapter 4728. sections 4728.04, 4728.07, 4728.08, 4728.09, 4728.12, 4728.13, 4728.16, 4728.17, 4728.18, or 4728.19 of the Revised Code is guilty of a misdemeanor of the first third degree on a first offense and a felony misdemeanor of the fifth second degree on each subsequent offense.
(B) Whoever recklessly violates section 4728.02 of the Revised Code is guilty of a misdemeanor of the third degree.”

HB123 LENDING LAWS (Koehler, K., Ashford, M.)
To modify the Short-Term Loan Act, to specify a minimum duration requirement for loans made under the Small Loan Law and Mortgage Loan Law, and to limit the authority of credit services organizations to broker extensions of credit for buyers. Am. 1321.35, 1321.36, 1321.39, 1321.40, 1321.41, 1321.422, 1321.99, and 4712.99, to enact new section 1321.46 and sections 1321.141, 1321.401, 1321.402, 1321.403, 1321.411, 1321.595, and 4712.071, and to repeal sections 1321.46 and 1321.461
OPAA: Not applicable

HB125 COURT JURISDICTIONS (Craig, H., Seitz, B.)
To specify the jurisdiction of municipal and county courts over municipal traffic ordinances and to establish requirements governing fines, fees, or other charges for traffic violations and infractions imposed by a municipal corporation that does not have the authority to establish a mayor's court. Am. 1901.20 and 1907.02 and to enact section 4511.072
OPAA: Support 5/25/17

To make municipal and county peace officers mandatory reporters of child abuse or neglect. Am. 2151.421
OPAA: No position 5/25/17
Signed by Governor 12/19/18

HB141 INVOLUNTARY MANSLAUGHTER (Dever, J., Wiggam, S.) To provide that causing or contributing to the death of another person as a result of the offender's sale, distribution, dispensation, or administration of a controlled substance or controlled substance analog is a violation of the offense of involuntary manslaughter and to make this offense a strict liability offense. Am. 2903.04, 2903.06, 2919.22, 2929.142, 4510.17, 4510.31, and 4511.181
OPAA: Support.

To eliminate the requirement that a concealed handgun licensee notify a law enforcement officer that the licensee is carrying a concealed handgun when stopped. Am. 2923.12, 2923.126, 2923.128, and 2923.16
OPAA: Not applicable

HB144 WASTE COLLECTION VEHICLES (Green, D., Rogers, J.) To require motor vehicle operators to take certain actions upon approaching a stationary waste collection vehicle collecting refuse on a roadside. Am. 4511.01, 4511.213, and 4513.17
OPAA: Not applicable

HB145 CONFIDENTIAL TREATMENT (Huffman, S., Sprague, R.) To provide for the establishment of a confidential program for the treatment of certain impaired practitioners and to declare an emergency. Am. 4730.32, 4731.224, 4731.25, 4760.16, 4762.16, and 4774.16 and to enact sections 4731.251, 4731.252, 4731.253, and 4778.17

HB146 DEATH CERTIFICATES (Householder, L.) To allow a coroner to change the cause, manner, and mode of death in a filed death certificate only after a hearing in the court of common pleas. Am. 313.19 and 3705.22
OPAA: Neutral 5/25/17

HB147 HUMANE SOCIETIES (Hambley, S.) To make changes to humane society law and to make humane society agents subject to bribery law. Am. 109.73, 935.19, 935.20, 959.131, 1717.01, 1717.02, 1717.03, 1717.04, 1717.06, 1717.07, 1717.09, 1717.10, 2151.421, 2921.02, and 2931.18, to enact sections 1717.061, 1717.062, 1717.16, and 1717.17, and to repeal section 1717.14
OPAA: Support with removal of arrest authority and private prosecution authority. 6/22/17

HB149 ABORTION (Patmon, B., Conditt, M.) To expand the crime of abortion trafficking and to increase the penalty. Am. 2108.18 and 2919.14.
OPAA: Support 4/19/17

HB151 FIREARMS DEALERS (Patmon, B.) To prohibit a transfer of a firearm from a person who is not a federally licensed firearms dealer to a person who is not a federally licensed firearms dealer unless it is done through a federally licensed firearms dealer, through a state or local law enforcement agency, or pursuant to a specified exception; to require that background checks be conducted when a firearm is transferred through a federally licensed firearms dealer or a state or local law enforcement agency; and to provide for record keeping with respect to information obtained pursuant to such a background check. En. 2923.26.
OPAA: Oppose 5/25/17 Enforcement? Family/friend sales?

HB152 HUNTING LICENSES (Patmon, B.) To require an applicant for a hunting license to specify whether the applicant has been convicted of or pleaded guilty to a felony and to require the license to specify "firearm restricted" if an applicant has so indicated. Am. 1533.13.
OPAA: No position 5/25/17 Andy Wilson and Vic Vigluicci to check with ODNR to see where they are on the bill/concern.

HB153 IMITATION FIREARMS (Patmon, B.) To generally ban the manufacture, sale, alteration, and public display of imitation firearms and the disguising of a firearm to make it resemble an imitation firearm En. 2923.51, 2923.52, 2923.53, 2923.54, and 2923.55.
OPAA: Opposed 5/25/17 too broad, too vague. Tough to enforce and tougher to produce a fake gun that doesn’t look real or at least threatening to a officer from a distance.

OPAA: No Position 6/21/18

HB179 IMMIGRATION (Keller) Requires local authorities to cooperate in the enforcement of immigration laws, and provides for removal of officers of local government who fail to do so.
OPAA: Oppose 5/25/17 Overbroad as written. Who determines “cooperation” boundaries, Good idea, no need to be law.

HB201 Concealed Carry (Hood, R)
To allow a concealed handgun licensee to carry concealed all firearms other than dangerous ordnance or firearms prohibited by state or federal law; to repeal the requirement that a licensee stopped for a law enforcement purpose promptly inform an approaching officer if the licensee is carrying a firearm and provide for expungement of convictions based on a violation of the requirement; and to provide that a person age 21 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 a concealed firearm and is subject to the same laws regarding concealed firearm carrying as a licensee.
OPAA: Tabled 5/25/17 See HB142

HB211 HOME INSPECTORS (Hughes, J.) To require the licensure of home inspectors and to create the Ohio Home Inspector Board to regulate the licensure and performance of home inspectors. Am. 109.572, 121.08, 2925.01, 4745.01, 4776.10, and 4776.20 and to enact sections 4764.01 to 4764.20 and 4764.99 (M1 or F5 penalty)
OPAA: Opposed 5/25/17 Civil matter, no need for this to be in criminal law.

HB214 ABORTION (LaTourette, S., Merrin, D.) To prohibit a person from performing, inducing, or attempting to perform or induce an abortion on a pregnant woman who is seeking the abortion because an unborn child has or may have Down Syndrome. Am. 3701.79 and to enact sections 2919.10 and 2919.101 (F4 penalty)
OPAA: No Position 5/25/17

HB228 GUN LAWS (Johnson, T., LaTourette, S.) 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 48
OPAA: Oppose 5/25/17. Burden to PA, still oppose nixing of duty to retreat.
Vetoed by Governor 12/19/18

HB233 FIREARMS (Becker, J.) To enact the "Decriminalization Effort For Ending Notorious Deaths (DEFEND)" to provide an opportunity for a concealed handgun licensee or qualified military member to avoid guilt for carrying a concealed handgun into a prohibited place if the person leaves upon request, and to penalize as disorderly conduct failing to leave upon request or returning with a firearm. Am. 2917.11, 2923.11, 2923.12, 2923.121, 2923.122, 2923.123, 2923.126, and 2923.1212
OPAA: Support concept. Penalties need to be fixed per our discussion.

HB234 REPRODUCTIVE CARE (Howse, S., Lepore-Hagan, M.) To criminalise impeding access to reproductive health care and to create a cause of action for harassment or intimidation of one or more employees of a health care facility. Am. 2307.48, 2307.481, 2307.482, and 2919.10 (M1 on first violation, F4 on each subsequent offense.
OPAA: Oppose. No need for additional laws, can do now with a variety already on the books. 6/22/17

HB253 CONCEALED WEAPONS (Householder, L., Lanese, L.)
To permit law enforcement officers to carry firearms off duty in places otherwise prohibited for concealed handgun licensees. Am. 2923.12, 2923.121, 2923.123, and 2923.126
OPAA: Support, with Badge and proper ID and local policy permits. 6/22/17

HB276 UTILITY WORKERS (Rezabek, J., Greenspan, D.)
To expand the offense of aggravated menacing to prohibit threatening a utility worker with intent to obstruct the operation of a utility. Am. 2903.21 (M1 to F4)
OPAA: Oppose. Much like 234, there are already other laws in place to address this issue. 6/22/17

HB278 VEHICULAR ASSAULT (Patton, T., Keller, C.)
To include negligently causing serious physical harm to a law enforcement officer while operating a motor vehicle or other specified mode of transportation as a violation of the offense of vehicular assault. Am. 2903.08.
OPAA: Support concept. Narrow language to standing outside car. 6/22/17

HB296 DRUG OFFENSES (Gavarone, T.)
To enhance penalties for certain drug offenses committed in the vicinity of a community addiction services provider. Am. 2925.01, 2925.02, 2925.03, 2925.04, 2925.041, 2925.36, and 2925.37. Paul Dobson’s bill.
OPAA: Support 8/24/17

HB305 PROTECTION ORDERS (Antonio, N., Boyd, J.)
To require a court that issues a protection order to determine if the respondent is prohibited from carrying or possessing a firearm, to require a court to determine whether an offender who has been convicted of specified offenses is prohibited from carrying or possessing a firearm, and to require a respondent or offender who the court determines is prohibited from carrying or possessing a firearm to transfer all firearms in the person's possession to a law enforcement agency or a federally licensed firearms dealer. Am. 2151.34, 2903.13, 2903.21, 2903.214, 2919.25, 2919.26, 2923.13, and 3113.31 and to enact section 2923.133
OPAA: Tabled 8/24/17

To permit an elected officeholder of this state or a political subdivision of this state who holds a valid concealed handgun license to carry a concealed handgun in a government facility of this state or a political subdivision of this state. Am. 2923.126

HB318 SCHOOL RESOURCE OFFICERS (Patterson, J., LaTourette, S.)
To define the necessary qualifications and responsibilities of school resource officers. Am. 2935.03 and to enact section 3313.951.

HB327 IMPORTUNING (Schaffer, T., Smith, K.)
To amend the penalties for the offense of importuning. Am. 2907.07

To provide that the penalty for trafficking in, possession of, or funding of trafficking in fentanyl or carfentanil is the same as the penalty for those crimes involving heroin, to increase to a third degree felony the trafficking in or possession of at least one gram but less than five grams of any of those drugs, to provide that deception to obtain a dangerous drug involving fentanyl or carfentanil is a third degree felony, and to provide a per se prohibited concentration of fentanyl and carfentanil regarding operating a vessel or motor vehicle that is the same as the per se prohibited concentration for heroin. Am. 1547.11, 2925.01, 2925.03, 2925.05, 2925.11, 2925.22, 2929.01, and 4511.19
OPAA: Support but prefer SB1 10/19/17

HB349 POLICE ANIMALS (LaTourette, S.)
To increase the penalty for assaulting a police dog or horse and to include search and rescue dogs and horses in the prohibition against assaulting or harassing a police animal. Am. 2921.321 and 2929.18
OPAA: Support 10/19/17

HB355 SEXTING (Hill, B., Rezabek, J.) To generally prohibit sexting by a person under 21 years of age. Am. 2907.324
OPAA: Oppose. Already able to handle these cases with current law. 10/19/17

HB360 BULLYING (Greenspan, D.) To enact the "Ohio Anti-Bullying and Hazing Act" with regard to school discipline and bullying and hazing policies at public schools and public colleges. Am. 2903.31, 3313.66, 3313.661, 3313.666, 3314.03, and 3326.11 and to enact sections 3313.669 and 3345.19. 2903.31 penalty change from M4 to M2
OPAA: Support updating hazing statute. Oppose municipal court verbiage. 10/19/17

HB365 PAROLE MONITORING (Hughes, J., Boggs, K.)
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; to require the Department 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 Act.
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, 2967.14, 2967.19, 2967.191, 2967.193, 2967.26, 2967.28, 2971.03, 3719.99, 5120.021, 5120.113, 5120.53, 5120.66, and 5149.04 and to enact sections 2901.011, 2929.144, 2967.271, and 5120.038.
OPAA: Support if changes made. Support indefinite sentences. Object to 5-15% reduction for good time. Extend tail on F1, F2, and F3.

To permit any person who holds a valid concealed handgun license to carry a concealed handgun in a courthouse, a courtroom, or a government facility of this state or in a government facility of a political subdivision of this state if the political subdivision has not enacted an ordinance or policy that prohibits a licensee from carrying a concealed handgun into the building or the court has not enacted a rule that prohibits a licensee from carrying a deadly weapon or dangerous ordnance into the courthouse or courtroom. Am. 105.41, 123.011, 2923.122, 2923.123, and 2923.126
OPAA: Oppose. 10/19/17

HB374 CHILD ENTICEMENT (Duffey, M., Cupp, R.)
To create additional criminal prohibitions within the offense of criminal child enticement and to classify criminal child enticement as a tier I sex offense when committed by a registered sex offender. Am. 2905.05 and 2950.01

HB389 DEATH PENALTY (Antonio, N.)
To abolish the death penalty.

To eliminate mandatory and reverse bindovers, and modify the procedures for discretionary bindovers, of an alleged juvenile offender from a juvenile court to a criminal court; to revise the procedures for determining the delinquent child confinement credit; to revise certain delinquent child financial sanction dispositions and procedures and establish a separate restitution disposition; and to provide special parole eligibility dates for persons with an indefinite or life sentence imposed for an offense other than aggravated murder or another crime involving the purposeful killing of multiple persons committed when the person was under age 18 and special Parole Board procedures in those cases. Am. 109.42, 109.57, 2151.23, 2152.02, 2152.021, 2152.10, 2152.12, 2152.13, 2152.14, 2152.18, 2152.20, 2152.21, 2152.26, 2505.02, 2929.02, 2929.14, 2967.13, 2971.03, and 5149.101, to enact sections 2152.011, 2152.203, and 2967.132, and to repeal section 2152.121
OPAA: Opposed

HB395 FIREARM ACCESSORIES (Patmon, B.) To prohibit the manufacture, sale, or transfer of any trigger crank, bump-fire device, or other product that accelerates a semi-automatic firearm's rate of fire but does not convert it into an automatic firearm. Am. 2923.133

To create the offense of counterfeiting and to include counterfeiting within the definition of "corrupt activity" under the Corrupt Activities Law. Am. 2923.31 and to enact section 2913.30
OPAA: Support in concept but asked by why offenses were only value based and recommended that it be changed to also increase the penalty based on the number of “access devices” that were counterfeited.

OPAA: Concern for victim’s rights; Support with adding in State’s approval for F1, F2, and F3. 11/29/17

HB410 TRAFFIC VIOLATIONS (Seitz, B., Butler, J.)
To grant municipal and county courts original and exclusive jurisdiction over any civil action concerning a traffic law violation, to specify that the court require an advance deposit for the filing of specified civil actions by the local authority bringing the civil action, and to modify the reporting requirements and LGF withholding that apply to subdivisions that operate traffic law photo-monitoring devices. Am. 1901.18, 1901.20, 1907.02, 1907.031, 4511.092, 4511.093, 4511.096, 4511.097, 4511.098, 4511.0910, 5747.51, and 5747.53, to enact new sections 4511.099 and 5747.502, and to repeal sections 4511.099, 4511.0915, and 5747.502

To modify the state's wrongful imprisonment law. Am. 2305.02 and 2743.48
OPAA: Not much change. Keep our word as agreed to in October. 11/29/17

OPAA: Tabled for further study 11/29/17

HB419 EMERGENCY LIABILITY (Henne, M.) To modify the defense to the liability of a member of a police or fire department or emergency medical service of a political subdivision for the negligent operation of a motor vehicle in response to an emergency by requiring that the vehicle has its lights and sirens simultaneously activated. Am. 2744.02

HB423 MASKED INTIMIDATION (Lang, G., Seitz, B.) To create the crime of masked intimidation, a misdemeanor of the first degree. Am. 2917.14
OPAA: People who do the same thing without a mask are ok? And this could interfere with prosecution of 2921.03 or .04, intimidation and intimidation of a crime witness, victim, or attorney, and these can be F3s. Strange bill. Opposed 1/25/18. Already laws in place.

HB425 BODY CAMERAS (Antani, N., Craig, H.) To provide that specified portions of peace officers' body-worn camera recordings and the infrastructure record of a public school are not public records for purposes of the Public Records Law. Am. 149.43 and 149.433
OPAA: Support 5/24/18

HB426 SEXUAL CONDUCT (Hagan, C.) To prohibit an employee of a school or institution of higher education who is not in a position of authority from engaging in sexual conduct with certain students. Am. 2907.03
OPAA: Includes sex between an employee of a public school or institution of higher education and a pupil in that school or institution within the offense of sexual battery. We have supported this in the past as long as there is at least a four year difference in their ages, as the bill provides. The bill repeals the F2 penalty for this offense involving a victim less than 13 because if the victim is less than 13 it is statutory rape regardless of the circumstances, an F1.

HB427 SUBSTANCE ABUSE (Young, R.) To require the Department of Health to publish monthly drug overdose death information for each county, to create grant programs to support faith-based substance abuse services, to authorize an income tax deduction for physicians providing such services for free, and to allocate funds and make an appropriation for the grant programs. Am. 5747.01 and to enact sections 313.213, 3705.161, 5119.63, 5119.64, 5119.65, and 5747.014

HB439 BAIL DETERMINATIONS (Dever, J., Ginter, T.) To require courts to use the results of a validated risk assessment tool in bail determinations; to allow nonmonetary bail to be set; to require courts to collect certain data on bail, pretrial release, and sentencing; and to require the state Criminal Sentencing Commission to create a list of validated risk assessment tools and monitor the policies and procedures of courts in setting bail and utilizing pretrial supervision services. Am. 2903.212, 2907.41, 2919.251, 2935.15, 2937.22, 2937.222, 2937.23, and 2941.58 and to enact sections 181.27 and 2937.231
OPAA: Tabled until Phillips can bring us up to speed . 11/29/17

HB451 PUBLIC RECORDS (Retherford, W.) To exclude from the definition of public record under the Public Records Law any depiction by photograph, film, videotape, or digital, visual, or printed material of victims of crime under specified circumstances dealing with the victims' bodily privacy. Am. 149.43
OPAA: Support 1/25/18.

HB455 DRUG TRAFFICKING (Wiggam, S.) To provide that in determining the amount of cocaine for trafficking offenses, it also includes a compound, mixture, preparation, or substance containing cocaine, to increase penalties for certain drug trafficking offenses, and to name this act the Drug Trafficking Deterrence Act.

HB457 DRUG TREATMENT (Antani, N.) To require that an offender serving a community control sanction or a parolee who fails a drug test for heroin, fentanyl, or carfentanil be held in jail or admitted to a residential treatment program for up to 30 days. Am. 2951.08, 2967.131, and 2967.15
OPAA: Oppose 1/25/18.

HB461 DELINQUENCY ABEYANCE-CHILD TRAFFICKING (Rep. Teresa Fedor, Rep. Tavia Galonski) To require a juvenile court to hold a delinquency complaint in abeyance if the court has reason to believe that the act charged might be prostitution related or that the child might be a victim of human trafficking and to provide that the same elements for the offense of trafficking in persons that apply to a victim under the age of sixteen also apply to a victim who is age sixteen or seventeen.
OPAA: Tabled 1/25/18. Dobson to research. Add probable cause standard and exclude homicide. Let Fedor know we have some concerns.

Prohibit riding a skateboard attached behind a vehicle
OPAA: No position 2/822/18

HB482 Public Nuisance and Blight foreclosure (Lipps, Miller)
To amend sections 3767.41, 3767.50, 3767.99, 5721.17, 5721.18, 5721.19, 5721.192, 5723.05, and 5723.18 of the Revised Code to expedite public nuisance and blight foreclosure actions and to declare an emergency.
OPAA: Support 2/22/18

Increase penalties for assault on a transit worker.
OPAA: Tabled to allow Mike O’Malley to discuss with committee. 2/22/18 Support with narrowed language to “operator” not mechanic, et al. 3/22/18

HB497 SEXUAL IMAGE DISSEMINATION (Rep. John Rogers, Rep. Nathan Manning)
To prohibit the nonconsensual 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.

To classify resisting arrest as an offense of violence and to increase the penalties for certain resisting arrest offenses.
OPAA: Support 2/22/18

HB500 TOWNSHIP LAW (Rep. Rick Carfagna)
To make various changes to township law.

HB520 SOLICITING (Miler, Hughes)
To increase the penalty for soliciting when the person solicited is eighteen years of age or older, to specify that the fine for soliciting in this circumstance is not more than two thousand five hundred dollars, and to specify that up to one thousand dollars of that fine may be deposited into the Victims of Human Trafficking Fund. Am. 2907.24 and 5101.87
OPAA: Support 3/22/18 Also see SB 267

HB528 CORPSE ABUSE (Smith, R., Rezabek, J.)
To expand the penalties for abuse of corpse offenses. Am. 2927.01 and 2929.13
OPAA: Oppose 3/22/18

HB532 SEXUAL HARASSMENT (Galonski, T., Fedor, T.)
To require all state officials and employees and all employees of state contractors and vendors to complete training on the prevention and elimination of sexual harassment and to establish a Commission on Sexual Harassment within the office of the Attorney General to study and make recommendations to eliminate workplace sexual harassment. Am. 109.67, 124.75, and 125.113

To allow a county prosecuting attorney to enter into a contract with a regional airport authority, port authority, or regional planning commission to be its legal adviser.
OPAA: Support 3/22/18

To establish requirements governing the chemical capture of animals, prohibit the use of gas chambers when euthanizing an animal, and to make changes to the law governing euthanasia of an animal by lethal injection. Am. 955.16, 959.06, 4729.01, 4729.531, 4729.532, 4729.54, and 4729.55 and to enact sections 955.151, 959.134, 3719.091, 4729.533, 4729.534, 4729.535, 4729.542, 4729.991, and 4741.201 (steve: check for penalty hikes)

To expand the increased penalties for theft in office based on the amount of property or services stolen and to include as restitution certain audit costs of the entity that suffered the loss involved in the offense. Am. 2921.41
OPAA: Support 3/22/18 also see SB 268

To regulate the use of indemnity provisions in professional design contracts related to public improvements. Am. 153.81
(any concern for our Civil folks?)
OPAA: Oppose 6/21/18

HB555 SENTENCING (West, T., Sykes, E.) T
o provide that a reduction of a penalty, forfeiture, or punishment for an offense applies with respect to an offender who committed that offense on or after the bill's effective date or, if the offense is not an offense of violence, prior to that date and was sentenced for the offense under the law in effect prior to the reduction. Am. 1.58 and to enact section 109.67

HB561 SPOUSAL EXCEPTIONS-SEXUAL CRIMES (Rep. Kristin Boggs, Rep. Laura Lanese)
To eliminate the spousal exceptions for the offenses of rape, sexual battery, unlawful sexual conduct with a minor, gross sexual imposition, sexual imposition, and importuning and to permit a person to testify against the person's spouse in a prosecution for any of those offenses.
OPAA: Support without qualifications 4/18/18

To prohibit a federally licensed firearms dealer from transferring a firearm while a background check is pending unless 30 days have elapsed.

To require a 72-hour waiting period between the purchase and delivery of firearms and to impose a fine for violating this requirement.

To authorize a law enforcement officer to arrest a driver of a motor vehicle if the officer has probable cause to believe that the driver committed a moving violation and that the moving violation was a contributing factor in a motor vehicle accident that caused serious physical harm to or the death of another person, to authorize the officer to request a warrant to conduct a chemical test to determine whether the driver was under the influence of drugs or alcohol if there is probable cause to do so, to authorize the officer to order the administration of a chemical test under specified circumstances, to require the mandatory bindover (for trial as an adult rather than a juvenile) of a 16- or 17- year-old who is alleged to have committed aggravated vehicular homicide, and to designate this act as "Sophie's Law." Am. 2152.02, 2152.10, 2152.12, 2935.26, and 4511.181 and to enact section 4511.199
OPAA: Support with changes of "each" to "any" re: passengers.

HB585 AMMO & FIREARM OWNERSHIP LIMITS (Rep. Michael Henne) To expand the definition of dangerous ordnance to include armor piercing ammunition and expand the definition of an automatic firearm to include any device within the federal definition of machine gun; to create additional conditions under which an individual may not possess a firearm or dangerous ordnance and to eliminate the process by which an individual may apply for relief from a weapons disability; to generally prohibit a person from buying, purchasing, obtaining, or furnishing a firearm on behalf of a third party; to provide for the entry of protection orders into the federal NCIC database and LEADS; and to provide for the issuance by a court of an extreme risk protection order.
OPAA: Tabled 6/21/18

HB590 SELF DEFENSE (Vitale, N., Keller, C.)
To define what constitutes reasonable force and specify when a person is justified in its use or threatened use, to provide that a person has no duty to retreat from any place where the person is lawfully present prior to using or threatening to use reasonable force, to establish civil and criminal immunity for a person who uses or threatens to use reasonable force, to revise the circumstances under which a person who uses or threatens to use deadly force is presumed to be acting in self-defense or in defense of another, and to establish a procedure and standards for asserting and disproving self-defense, defense of another, or defense of a residence in a criminal or civil case. Am. 2307.601, 2901.05, and 2901.09 and to enact sections 2901.091 and 2901.092
OPAA: Oppose 4/18/18. Has good sections but too narrow overall.

To permit sealing of records pertaining to multiple criminal offenses that resulted from drug-seeking behavior if the offender has successfully completed a drug treatment program and to name the act the Ohio Second Chance Act.
OPAA: Oppose 4/18/18

To provide that portions of a peace officer's dashboard camera recordings that show an officer being killed or suffering grievous bodily harm in the line of duty are not public records and generally are confidential and may not be released.

HB597 TELEPHONE SPOOFING CRIME (Rep. Keith Faber, Rep. Jonathan Dever)
To create the offenses of theft or conversion of a telephone number or exchange and providing misleading caller identification information
OPAA: Oppose felony. 4/18/18

OPAA: Support 5/24/18

OPAA: No Position 5/24/18

HB614 LEGAL IMMUNITY-DRUG OVERDOSES (Rep. Thomas West) To provide immunity from arrest, prosecution, or conviction for use or possession of drug paraphernalia for a person who seeks or obtains medical assistance for a drug overdose.
OPAA: Oppose. Not against treatment but current statute is not working. People assert immunity, do not follow-up with treatment, and end up overdosing. 5/24/18

HB616 PROHIBIT ARREST QUOTAS (Rep. Thomas West) To prohibit certain law enforcement officials or agencies from establishing a plan using quotas of arrests made or citations issued by their police officers for the purpose of evaluating, promoting, transferring, rewarding, or disciplining the police officers and to authorize the Attorney General to investigate such use upon an anonymous report of a police officer.

HB622 JUDGES-CONCEALED HANDGUNS IN COURT (Rep. Rick Perales) To generally authorize a judge or magistrate who is a concealed handgun licensee to possess a concealed handgun in a courthouse or attached parking area, to expand the exemption from the offenses regarding illegal conveyance, possession, or control of a deadly weapon or dangerous ordnance into or in a courthouse for a judge or magistrate who is a licensee with respect to a concealed handgun, and to require a specified secure storage of the concealed handgun while in the courthouse as a condition for application of the authorization and exemption.
OPAA: No position 5/24/18

HB627 ELIMINATE PERIOD OF LIMITATION-RAPE (Rep. Kent Smith, Rep. Tavia Galonski) To eliminate the period of limitation for the criminal prosecution of a person for rape.
OPAA: Support 5/24/18

HB638 PERIOD OF LIMITATION-CHILD ABUSE & NEGLECT (Rep. Bernadine Kent) To modify the period of limitation for prosecution of offenses involving child abuse and neglect.
OPAA: Support 5/24/18

OPAA: No position 5/24/18

HB668 Public-Private agreements (Patton)
OPAA: Oppose 6/21/18

HB674 BUS DRIVER PROTECTION (Rep. John Barnes, Jr.) To enact the Public Bus Driver Protection Act to increase the penalty for assault of a transit system employee and to authorize Ohio transit systems to post warnings regarding the assault of a transit system employee.

HB684 COMPANION ANIMAL TETHERING (Rep. John Barnes, Jr.) To prohibit a person from knowingly allowing a companion animal to be tethered outdoors under specified circumstances.

HB688 PROHIBIT PREGNANT WOMEN RESTRAINT (Rep. Nickie Antonio) To generally prohibit a law enforcement, court, or corrections official from restraining a pregnant woman or child who is a charged or adjudicated criminal offender or delinquent child at any time during her third trimester of pregnancy or during transport to a hospital, during labor, or during delivery and from restraining such a woman or child who was pregnant during any period of postpartum recovery.

HB692 TRANSITIONAL CONTROL SENTENCING (Rep. Bill Patmon, Rep. Bill Seitz) To eliminate the ability of a sentencing court to disapprove a prisoner's transfer to transitional control if the prisoner is serving a term of imprisonment of two years or less.
OPAA: Oppose 6/21/18

HB693 STATE CERTIFICATION-GUNS IN SCHOOLS (Rep. Ron Young) To require a state certification to carry a firearm into a school safety zone and to grant an income tax credit for school employees or contractors who have such certification.

HB700 Elder Abuse (Carfagna)
To amend section 5101.63 of the Revised Code regarding communication with persons who make reports of abuse, neglect, or exploitation of the elderly.
OPAA: Support 6/21/18

HB703 CONCEALED CARRY-PUBLIC PREMISES (Rep. John Becker) To enact the "Decriminalization Effort For Ending Notorious Deaths -- Teachers With Options (DEFEND-TWO)" to allow a concealed handgun licensee or qualified military member to carry a concealed handgun in certain public premises, to reduce the penalty for a concealed handgun licensee who carries a concealed handgun in a prohibited place, and to prohibit public employers and universities from disciplining employees or students who lawfully carry a concealed handgun on the premises.

HB717 – Township Massage Parlor Registration/Regulation (Brenner)
To amend sections 503.40, 503.41, 503.42, 503.43, 503.44, 503.45, 503.46, 503.47, 503.48, 503.49, and 503.50 and to enact section 503.411 of the Revised Code to provide townships with the optional authority to regulate massage establishments without requiring the current preliminary registration requirements, to create a criminal penalty for failure to have the requisite state occupational and professional licenses a township may require for a person to perform massages in the township, and to make changes to the current registration requirements.
OPAA: Support 8/23/18

Copyright © 2018, Ohio Prosecuting Attorneys Association