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Bills of interest to the Association pending in the 135th Ohio Senate
Through April 29, 2024

View OPAA Legislative Newsletter

SB9

LAW CHANGES-MEDICAL MARIJUANA (HUFFMAN S, SCHURING K) To amend the law related to medical marijuana.

 

Comments:   

Opposed to removal of program oversight from the Board of Pharmacy and to provision allowing doctors to recommend medical marijuana for any condition.

  • Amended 4/18 to retain oversight role for Board of Pharmacy over dispensaries.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-9

 

SB26

MARIJUANA-VEHICLE, WATERCRAFT USE (MANNING N) To change the laws pertaining to operating a vehicle or watercraft while under the influence of marihuana and the admissibility of evidence for purposes of OVI statutes.

 

Comments:   

Opposed to repeal of per se OVI for marijuana. Would agree to adjustment of the amount of THC that must be in the person's blood or urine. Recommend including analogs of Delta-9 THC.

  • Amended 5/9 to keep per se OVI based on presence of 5ng of Delta-9 in a person's blood

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-26

 

SB37

DRIVER'S LICENSE SUSPENSION CHANGES (BLESSING III L, INGRAM C) To make changes to the laws governing driver's license suspensions and to the laws governing penalties for failure to provide proof of financial responsibility.

 

Comments:   

These are discretionary license suspensions. Would prevent a license suspension for a drug addicted offender who could be dangerous on the road. Would prevent license suspension for someone using a vehicle to transport drugs. Judges should retain discretion.

Substitute Bill adopted 4/17/24 that restores judicial discretion to suspend drivers license for drug offense (excluding F4/F5/misdemeanor drug possession) if a vehicle was used in the commission of the offense. 

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-37

 

SB51

SOS-ELECTION INTEGRITY DIVISION (GAVARONE T) To establish the Election Integrity Division in the Office of the Secretary of State.

 

Comments:   

Legislation not needed. Authority to investigate the administration of elections laws, frauds, and irregularities already exists.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-51

 

SB88

AGGRAVATED MENACING EXPANSION-UTILITIES (SMITH K, CIRINO J) To expand the offense of aggravated menacing to prohibit threatening a utility worker, cable operator worker, or broadband worker with intent to obstruct the operation of a utility.

 

Comments:   

Opposed to creation of special classes of victim.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-88

 

SB91

PUBLIC FUNDS ABUSE, WASTE (SCHAFFER T) Regarding fraud, waste, and abuse of public funds and to prohibit the expenditure of local tax revenues upon a vote of residents or without an appropriation.

 

Comments:   

Concerned about (1) Prosecutors being mandatory reporters to AoS subject to criminal penalty; (2) issues for prosecutor-client confidentiality; (3) lack of alternative avenue to report to appropriate law enforcement; (4) lack of reciprocal requirement for AoS to report probable cause finding to prosecutor; (5) lack of definition of misuse of public resources.

  • Amended 6/14 to exclude prosecutors from reporting requirement, remove criminal penalty, require AoS to report probable fraud, etc. to a prosecutor, and require "timely" rather than than "immediate" reporting

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-91

 

SB100

TRACKING DEVICE PROHIBITIONS (MANNING N, ANTONIO N) To generally prohibit a person from knowingly installing a tracking device or application on another person's property without the other person's consent or failing to remove or ensure removal of such a device or application from another person's property if the other person gave consent and subsequently revokes it.

 

Comments:   

Amend to (1) better define "tracking application" and "tracking device," (2) prohibit the use of the device "in or on" another person's property, (3) address revoked consent and clarify consent of parents in situations involving different child custody arrangements and (4) enhance to felony under circumstances similar to menacing by stalking.

  • Amended 6/6 to address these issues. Amendments prohibit installing or using a tracking device on another person or another person's property without their consent, amends provisions regarding revocation of consent to track to provide that consent to track is revoked upon service rather than upon filing of a divorce proceeding or granting of a protection order, clarifies provision regarding parental consent under a joint custody agreement, and enhances the penalty for a violation of tracking from an M1 to an F4 under certain circumstances similar to menacing by stalking.

 

Position:   

Amend

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-100

 

SB101

DEATH PENALTY ABOLITION, JURY SELECTION (ANTONIO N, HUFFMAN S) To abolish the death penalty and to modify the number of jurors that may be challenged in cases where a defendant may be sentenced to life imprisonment.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-101

 

SB109

SEX OFFENSES, MEDICAL PROFESSIONALS (HACKETT R) Regarding sex offenses and individuals regulated by the State Medical Board and to amend the version of section 2305.111 of the Revised Code that is scheduled to take effect October 12, 2028, to continue the change on and after that date.

 

Comments:   

Concern with "reasonable cause" standard for mandatory reporting under the bill. Could subject other victims or students to criminal liability and possibly chill reporting altogether.

Amended 4/17/24 to remove the 'reasonable cause to believe' from the failure to report a felony involving sexual assault by a medical professional. A report will still be required if there is knowledge of such an offense. Amendments also clarified that the sexual battery portion of the legislation that relates to medical professionals applies only to in-person treatment and consultation.

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-109

 

SB122

LAW CHANGES - BAIL (MANNING N, HICKS-HUDSON P) To make changes regarding bail and to declare an emergency.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-122

 

SB127

ELIMINATE SPOUSAL EXCEPTIONS-SEXUAL OFFENSES (KUNZE S, MANNING N) 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.

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-127

 

SB165

USED CATALYTIC CONVERTER SALES (JOHNSON T) Regarding the sale of used catalytic converters, and to make an appropriation.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-165

 

SB185

PUBLIC SERVICE WORKERS-RECORDS EXEMPTION (LANDIS A) To exempt redaction request forms, affidavits, and the records of the work schedules of designated public service workers from disclosure under public records law.

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-185

 

SB186

PROPERTY TAX REQUIREMENTS, PROHIBITIONS (BLESSING III L, INGRAM C) To require payment of property taxes and assessments when a lot is split or transferred and to generally prohibit tax-delinquent property owners from purchasing tax-foreclosed property.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-186

 

SB187

FIREARM BAN-DOMESTIC VIOLENCE (CRAIG H, SYKES V) To prohibit a person who is charged with or has been convicted of first degree misdemeanor domestic violence from possessing a firearm or dangerous ordnance.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-187

 

SB193

DRUG OFFENSES-TABLET SPECIFICATIONS (HOAGLAND F, JOHNSON T) To add drug offenses committed by a major drug offender to the definition of "specified offenses" used in terrorism offenses, to modify the offense of terrorism, to prohibit possession of an encapsulating or tableting machine, and to create the pill press mold, encapsulating machine, and tableting machine registry.

 

Comments:   

Possession of a pill press can already be an F5 possession of a criminal tool. Most if not all MDOs will violate the terrorism piece of the bill. Do not need another registry.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-193

 

SB197

OVI CONVICTION-SEALING OR EXPUNGEMENT (ANTANI N) To allow for the sealing or expungement of charges dismissed through intervention in lieu of conviction when those charges are connected to a conviction for operating a vehicle under the influence and to allow a clerk of court to spend computerization funds upon request.

 

Comments:   

Information about the OVI and the sealable offense are contained in the same documents. This requires partial sealing which is unworkable and impractical.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-197

 

SB214

HUMAN TRAFFICKING VICTIMS-EXPUNGE CRIMINAL RECORDS (KUNZE S) To allow a victim of human trafficking to expunge certain criminal records.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-214

 

SB217

AI TECHNOLOGY REQUIREMENTS, PROHIBITIONS (BLESSING III L, JOHNSON T) To require AI-generated products have a watermark, to prohibit simulated child pornography, and to prohibit identity fraud using a replica of a person.

 

Comments:   

Definition of simulated child pornography needs clarification and simulated child pornography should be prohibited under R.C. 2907.321, .322, and.323.

 

Position:   

Amend

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-217

 

SB223

ENACT FORCE ACT-ORGANIZED RETAIL THEFT (LANG G, RULLI M) To enact the Fight Organized Retail Crime and Empower Law Enforcement (FORCE) Act to create the Organized Retail Theft Advisory Council and an investigative task force, to modify theft offenses and penalties related to retail property, and to make an appropriation.

 

Comments:   

Generally support the legislation. Concerns with (1) making the organized retail theft offense an allied offense to theft, RSP, and criminal simulation, and (2) requirement that the prosecutor provide written notice to a retailer of a decision not to prosecute. Provision regarding theft of mail needs preclusion language. The bill may not improve criminal justice outcomes without harsher penalties.

 

Position:   

Amend

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-223

 

SB226

EXTENDING PROPERTY PROTECTION LAWS (JOHNSON T) To extend the law that prohibits certain governments, businesses, and individuals from acquiring agricultural land to certain other property and to name this act the Ohio Property Protection Act.

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-226

 

SB241

EXPEDITED REMOVAL-RENTAL OCCUPANTS (HUFFMAN S, BRENNER A) To provide for the expedited removal of unauthorized occupants of residential property and to prohibit the use and sale of fraudulent deeds.

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-SB-241

 

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