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Bills of interest to the Association pending in the 135th Ohio House of Representatives
Through January16, 2024

View OPAA Legislative Newsletter

HB20

OHIO COMPUTER CRIMES ACT (SWEARINGEN D) To enact the Ohio Computer Crimes Act.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-20

 

HB33

FY24-25 OPERATING BUDGET (EDWARDS J) To make operating appropriations for the biennium beginning July 1, 2023, and ending June 30, 2025, to levy taxes, and to provide authorization and conditions for the operation of state programs.

 

Comments:   

Support

  • Provisions requiring full parole board hearings upon request of prosecutor or victim. Enacted. 
  • Definition of Specific Investigatory Work Product within CLEIR. Amended in House to define and exclude 'attorney work product records. Removed in Conference Committee. 
  • Funding for AG TOP COP initiative to require and fund continuing professional training for peace officers. Enacted 

Oppose

  • Authority for OPD to provide legal representation in full board hearings or to contract with outside counsel. Amended in House to allow rather than require OPD to provide this representation. Amended in Senate to remove this provision. Removed from bill
  • Repeals Board of Pharmacy oversight of the medical marijuana program and transfers oversight to the Department of Commerce. Enacted.
  • Amendments to "good Samaritan" law repealing the cap on number of times immunity can be asserted and requirement to obtain a screening for treatment. Amended in Senate to remove this provision. Removed from bill by the Senate
  • House Amendment to provide counties that contract with OPD 100% reimbursement with remainder going to other counties. Removed from bill by the Senate

Watch

  • Amendment in Senate created mandatory reporting requirement for elected officials to Auditor of State for fraud, theft in office, misappropriation of public funds. (See Senate Bill 91). Further amended at request of OPAA to exclude prosecutors from the reporting requirement, require the AoS to report probable fraud or theft in office to the prosecutor. Vetoed by Governor.
  • Amendment in Senate provided authority for Auditor of State to have access to employees and records in any public office. Further amended at request of OPAA to limit this authority to performance audits conducted of State agencies under R.C. 117.46. Vetoed by Governor
  • Amendment in House created new reporting requirement for law enforcement agencies and prosecutors regarding sexual assault exam kit testing. Removed in Senate version. This change was adopted in Conference Committee and Enacted.

Request

  • Funding for victim rights implementation. Amended in House to provide $8 million per year of the biennium. Amended in Senate to remove this funding. Removed from bill by the Senate.

 

Position:   

Amend

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-33

 

HB34

JURY DUTY - BREAST-FEEDING EXCEPTION (KLOPFENSTEIN R, KING A) To permit a prospective juror who is a mother who is breast-feeding to be excused from jury service.

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-34

 

HB35

ELIMINATE LIMITATIONS PERIOD - CHILD SEXUAL ABUSE (SEITZ B, MIRANDA J) To enact the Scout's Honor Law to eliminate the limitations period for a civil action based on a claim of childhood sexual abuse only for purposes of filing claims against a bankruptcy estate of an organization chartered under federal law; to provide with respect to sex offenders and child victim offenders who committed their offense prior to January 1, 2008, mechanisms for reclassifying or classifying the offenders in specified circumstances under the SORN Law in effect prior to that date; to subsequently amend section 2305.111 of the Revised Code five years after the effective date of that section to remove the described elimination of the limitations period; and to declare an emergency.

 

Comments:   

Amended 3/7/23 to include OPAA proposal creating a mechanism to classify individuals who committed sex offenses under Megan's Law and were wrongly classified as Tier offenders following the enactment of the Adam Walsh Act.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-35

 

HB37

OVI PENALTIES (JOHNSON M, MILLER K) To modify the law related to OVI-related offenses.

 

Comments:   

  • Remove requirement for court to provide advisement to OVI offenders regarding the penalties for AVH
  • Seek additional change to level up the penalties for hit-skip with OVI related AVH/AVA removing the incentive to flee
  • Seek additional change to make conviction for OVI related AVH/AVA result in any subsequent OVI being a felony
  • Need a higher penalty for refusals

 

Position:   

Amend

 

State Bill Page:   

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

 

HB44

RECORD PAROLE BOARD HEARINGS (HUMPHREY L, STEWART B) To require electronic recordings to be made of all parole board hearings, excluding certain personal identifying information, and to make those electronic recordings "public records" under the Public Records Law.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-44

 

HB50

HOUSING QUALIFICATION (HUMPHREY L, SEITZ B) To create a mechanism by which an individual who is subject to a collateral sanction for housing may obtain a certificate of qualification for housing that may provide relief from certain bars on housing.

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-50

 

HB51

SECOND AMENDMENT PRESERVATION (LOYCHIK M, SCHMIDT J) To enact the Second Amendment Preservation Act to add additional protections to the right to bear arms.

 

Comments:   

Negative implications for voluntary cooperative efforts with federal entities to address gun crime and gun violence. Constitutional issues.

 

Position:   

Oppose

 

State Bill Page:   

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

 

HB56

POLICE PURSUIT, FLEEING PENALTIES (PLUMMER P, WHITE A) To require law enforcement entities to train officers related to the pursuit of a motor vehicle and to increase penalties for fleeing from law enforcement and forms of stunt driving.

 

Comments:   

Support updating the penalties for fleeing. "Hooning" portions of bill may be unenforceable as written. Already constitutes reckless operation or street racing. Better to update these offenses. Also concern with putting detailed requirements for pursuit policies in statute. Better handled by collaborative community-police advisory board.

Amended 10/10/23 to make fleeing that causes or creates a substantial risk of serious physical harm a high tier F3, address "hooning" through amendments to the street racing statute and rename the offense as stunt driving, and require police agencies to adopt written pursuit policies and provide training on them.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-56

 

HB67

PENALTY REDUCTIONS DUE TO CHANGES IN LAW (SEITZ B, WILLIAMS J) To provide that if a penalty for an offense has been imposed on an offender and if the penalty for that offense is subsequently reduced by a change to the Revised Code or Constitution, the penalty previously imposed on the offender may be reduced.

 

Comments:   

Definitional problems with what it means for their to be a change in 'the substance' or the 'seriousness of the substance' of an offense. Creates substantial work for courts and prosecutors in situations where the applicant will gain little to nothing from seeking the reduction. Should just get records sealed/expunged. This should be addressed on a bill-by-bill basis.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-67

 

HB77

DRONE LAWS (WILLIS B) To establish requirements and prohibitions governing the operation of unmanned aerial vehicles in Ohio.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-77

 

HB84

LOWER AGE - POLICE OFFICERS (DEMETRIOU S, WILLIAMS J) To lower the minimum age for an original appointment as a police officer from twenty-one to eighteen years of age.

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-84

 

HB91

PROHIBIT TRACKING DEVICES WITHOUT CONSENT (PATTON T) To generally prohibit a person from knowingly installing a tracking device or application on another person's property without the other person's consent.

 

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 6/13 to address these issues. Amendments prohibit installing or using a tracking device on another person or another person's property without their consent, remove provisions regarding automatic revocation of consent to track upon filing of motion for divorce or motion for 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:   

Support

 

State Bill Page:   

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

 

HB101

APPROPRIATIONS, STATE PROGRAM OPERATIONS (BIRD A) To make appropriations and to provide authorization and conditions for the operation of state programs, and to amend the versions of sections 2950.11, 3301.53, and 3301.55 of the Revised Code that are scheduled to take effect January 1, 2025, to continue the provisions of this act on and after that effective date.

 

Comments:   

Remove prosecutor from the transition supervisory board. Creates a conflict of interest due to statutory representation of townships.

  • Amended 5/2 to remove prosecutor from transition supervisory board. Replaced by county commissioner.

 

Position:   

Monitor

 

State Bill Page:   

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

 

HB111

DOMESTIC VIOLENCE PENALTIES (LARE J, MILLER K) To increase the sentencing range for third degree felony domestic violence and to create a presumption in favor of a prison term for the offense.

 

Comments:   

  • Amended 5/24 to clarify the circumstances under which a violation of R.C. 2919.25(C) is an M1. 

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-111

 

HB122

EXPAND INTIMIDATION OFFENSES (PAVLIGA G, MILLER A) To expand intimidation offenses to include guardians ad litem and court-appointed special advocates and to designate May 1st as "Court-Appointed Special Advocates Appreciation Day."

 

Comments:   

Amend to include victim/witness coordinators employed by non-governmental entities.

 

Position:   

Amend

 

State Bill Page:   

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

 

HB124

ELIMINATE LIMITATIONS PERIOD - RAPE (GALONSKI T, MIRANDA J) To eliminate the period of limitation for the criminal prosecution of a person for rape and for a civil action brought by a victim of conduct that would constitute rape and to extend the period of limitation for a civil action by a victim of childhood sexual abuse other than rape.

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-124

 

HB139

INCREASE PENALTIES FOR ASSAULT OF SPORTS OFFICIAL (ROEMER B, MILLER J) To increase the penalties for assault if the victim is acting as a sports official or the assault is committed in retaliation for the victim's actions as a sports official.

 

Comments:   

Opposed to creation of special classes of victim.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-139

 

HB140

PASSING SCHOOL BUS (BROWN R) To make changes to the law governing passing a school bus.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-140

 

HB148

CRIMINAL CHILD ENTICEMENT (DELL'AQUILA R) To require that a person act with a sexual motivation to commit the offense of criminal child enticement.

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-148

 

HB149

DRONE REQUIREMENTS (WILLIS B) To establish requirements related to the use of an uncrewed aerial vehicle for surveillance.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-149

 

HB161

ELIMINATE SPOUSAL EXCEPTION FOR SEXUAL ASSAULT (MIRANDA J, HILLYER B) 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-HB-161

 

HB175

REQUIRE SECURE STORAGE OF FIREARMS (MIRANDA J, BREWER D) To require secure storage of firearms, to authorize an income tax credit for the purchase of firearm storage and locking devices, to name this act the Keep Every Home Safe Act, and to make an appropriation.

 

Comments:   

Concerned with the requirement for law enforcement and prosecutors to create reports regarding safe storage. The bill does not create any new criminal offense or criminal penalties related to failure the safely store a firearm.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-175

 

HB191

BAIL (SWEARINGEN D, SEITZ B) 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-HB-191

 

HB196

COMMUNITY CONTROL SANCTIONS (WILLIAMS J, SEITZ B) To change the maximum periods of community control sanctions authorized for felonies and misdemeanors and to modify the confinement sanctions authorized for a technical violation of community control sanction conditions.

 

Comments:   

The law already allows judges to terminate supervision early. This bill artificially restricts the length of supervision based on the offense rather than on the risk of the offender and their supervision needs. Judges will be less comfortable sentencing people to community control if they can't effectively supervise them.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-196

 

HB221

EXPAND POSTCONVICTION RELIEF (SCHMIDT J, UPCHURCH T) To expand the availability of postconviction relief based on DNA testing showing actual innocence.

 

Comments:   

The bill eliminates procedures and safeguards for DNA testing that were enacted to ensure the reliability of test results.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-221

 

HB230

DRUG TRAFFICKING, ORGANIZED TRAFFICKING OF PERSONS (ABRAMS C, SWEARINGEN D) To increase penalties for drug trafficking above certain amounts, to prohibit organized trafficking of persons, to authorize collecting oral fluid as evidence in suspected OVI cases, to require schools and institutions of higher education to incorporate instruction and policies on fentanyl awareness and abuse prevention, to designate the month of August as "Fentanyl Poisoning Awareness Month," and to amend the version of section 3314.03 of the Revised Code that is scheduled to take effect January 1, 2025, to continue the changes on and after that effective date.

 

Comments:   

The new offense for participating in an organization or operation for trafficking in persons should be included in the definition of corrupt activity. Elements of this new offense need some clarification and the terms "trafficking in persons", "public official", "public servant" and "organization for trafficking in persons" should be defined.

The bill should also be used to address once and for all the issue from State v. Gonzalez, 150 Ohio St.3d 261.

 Amended 11/28/23 - Allows law enforcement to collect an oral fluid sample from a person arrested for operating a motor vehicle under the influence. A separate amendment establishes "Fentanyl Awareness Week" and requires fentanyl abuse prevention instruction in schools. 

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-230

 

HB233

SELF-DEFENSE PROTECTION ACT (WILLIAMS J, HILLYER B) To enact the Self-Defense Protection Act to create a pretrial procedure for a person asserting self-defense, defense of another, or defense of that person's property.

 

Comments:   

The rebuttable presumption in the bill creates confusion in light of the shift in the burden of proof. No risk to the defendant in filing the pretrial motion to establish the rebuttable presumption since they can raise self-defense at trial if the pretrial motion fails. Potential for abuse of victims/witnesses.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-233

 

HB234

GENUINE REMORSE COURT CONSIDERATIONS (WILLIAMS J, ROGERS E) To prohibit a court imposing a sentence on an offender for a felony or misdemeanor from considering whether the offender who entered an Alford plea shows genuine remorse for the offense.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-234

 

HB245

ADULT CABARET PERFORMANCES (KING A, WILLIAMS J) To prohibit adult cabaret performances in locations other than adult cabarets.

 

Comments:   

This could already be prosecuted under R.C. 2907.31 (Disseminating Matter Harmful to Juveniles) and/or R.C. 2907.32 (Pandering Obscenity). Bill would require proof of an additional element. Because the penalty would be the same as for disseminating or pandering, prosecutors would be unlikely to charge someone with this new offense and take on the burden of proving the additional element.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-245

 

HB258

TOBACCO SALES TO MINORS (CARRUTHERS S) To increase fines for repeatedly selling tobacco products to minors and to apply the public nuisance law to places where such sales occur.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-258

 

HB259

ABOLISH DEATH PENALTY (SCHMIDT J, MILLER A) 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, and to make an appropriation.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-259

 

HB270

SAM KNISLEY FAMILY SUPPORT ACT (YOUNG T, MATHEWS A) To require a felony offender of an OVI-caused aggravated vehicular homicide to pay child maintenance when the victim is a parent, legal guardian, or custodian of a minor child, to allow child maintenance to be awarded in a wrongful death action when the offender is deceased, and to name this act the Sam Knisley Family Support Act.

 

Comments:   

Turns criminal cases into child support proceedings.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-270

 

HB272

HANDGUNS -- COURTROOMS (MATHEWS A, PIZZULLI J) To allow a concealed handgun licensee to carry a handgun in a building or structure that is not a courthouse but in which a courtroom is located in specified circumstances and to permit a nonresident of Ohio to obtain statutory relief from firearms disability based on an Ohio conviction, guilty plea, or delinquent child adjudication.

 

Comments:   

Needs to define what a "courthouse" is and remove references to "dangerous ordnance."

Amended 10/31/23 - Removed references to dangerous ordnance and limited the bill to times when neither the court nor the clerk of the court are in "operation." 

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-272

 

HB289

SORN LAW NONCOMPLIANCE (ROBB BLASDEL M, SWEARINGEN D) To provide that if a Tier I or Tier II sex offender/child-victim offender fails to comply with duties under the SORN law, the period of time that the offender has a duty to comply is tolled during the time of the failure, and to make disseminating matter harmful to juveniles a sexually oriented offense and a person who violates the offense a Tier I sex offender/child-victim offender.

 

Comments:   

Support changes that toll SORN registration time requirements for periods of noncompliance. Remove changes that make disseminating matter harmful to juveniles a SORN registerable offense.

Amended 12/12/23 to remove the changes regarding disseminating 

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-289

 

HB295

INNOCENCE ACT (DEMETRIOU S) To enact the Innocence Act to prohibit an organization from failing to verify the age of a person attempting to access material that is obscene or harmful to juveniles, to prohibit a person from using another person's likeness to create sexual images of the other person, and to create a private right of action for each prohibited activity.

 

Comments:   

Amend to require age verification for dating apps and make penalty for disseminating fake pornography equal for adults and juveniles.

 

Position:   

Amend

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-295

 

HB314

JUVENILE COURT TRANSFERS (BIRD A, WILLIAMS J) To remove the option for the juvenile court to transfer a proceeding against a juvenile to the county where the juvenile resides.

 

Position:   

Monitor

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-314

 

HB322

CHILD SEXUAL ABUSE LAWS (SEITZ B, ABRAMS C) To impose a civil penalty, rather than a criminal penalty, on a person who fails to register with the childhood sexual abuse civil registry, to eliminate the residence restriction on such person, to create the offense of grooming, and to extend the limitation period for prosecuting a violation of the law requiring certain persons to report child abuse or neglect under certain circumstances.

 

Position:   

Support

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-322

 

HB328

CATALYTIC CONVERTERS (ROEMER B, PLUMMER P) 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-HB-328

 

HB331

VILLAGE DISSOLUTION (MATHEWS A, YOUNG T) To modify the law regarding village dissolution.

 

Comments:   

State Auditor already has the authority to dissolve villages. Prosecutor involvement in the process outlined in the bill is problematic in that it could create conflicts for the prosecutor.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-331

 

HB346

AUTO SEAR OFFENSES (DELL'AQUILA R) To create the offense of unlawful manufacture, purchase, or sale of an auto sear.

 

Comments:   

Amend definition of "auto-sear" so that it references a "firearm" rather than a "weapon."

 

Position:   

Amend

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-346

 

HB351

PROHIBIT ABUSE OF COMPANION ANIMAL CORPSE (YOUNG T) To prohibit the abuse of a companion animal corpse.

 

Comments:   

Penalty higher than the penalty for domestic violence and endangering children.

 

Position:   

Oppose

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-351

 

HB354

MODIFY MARIJUANA LAW (CALLENDER J) To modify the law governing the cultivation, processing, dispensing, testing, and taxation of adult use cannabis and to levy a gross receipts tax on marijuana cultivators.

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-354

 

HB366

FIGHT ORGANIZED RETAIL CRIME ACT (GHANBARI H) 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.

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-366

 

HB367

PROHIBIT UNAUTHORIZED DEEPFAKES (MATHEWS A, HILLYER B) To make changes to the law relating to the unauthorized use of an individual's persona and to prohibit certain unauthorized deepfake recordings.

 

State Bill Page:   

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA135-HB-367

 

 

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