|
Laws
of interest enacted during the 126th General Assembly
(2005-2006)
HB
4 Incident-Based Reporting
System
To
create the Ohio Incident-Based Reporting System in the Office of
Criminal Justice Services and to require that law enforcement agencies
that receive certain types of funding participate in the system, in the
Uniform Crime Reporting Program of the F.B.I., or in the Ohio Local Law
Enforcement Information Sharing Network.
Effective
date: Sept. 16, 2005
HB
15 Violent/sex offender
transfer/release notice
To
require the Department of Rehabilitation and Correction to establish and
operate an Internet database that contains specified offense, sentence,
and release information for each inmate serving a prison term for
certain designated violence-related or sex-related offenses; to grant
any person a right to submit a written statement regarding certain
possible releases or transfers of any such inmate; to require the judge
or the Adult Parole Authority to consider any such statement prior to
granting or recommending the release of or transfer for any such inmate;
and to specify that these provisions are to be known as "Laura's
Law."
Effective
date: Nov. 23, 2005
HB
29 Domestic violence
bail considerations
To
require a person who is charged with an offense of violence involving a
victim who is a family or household member and to whom any of a list of
specified circumstances applies to appear before the court before the
court sets bail for that person and to require the court to consider
certain factors before setting bail for that person if the court is
aware of certain specified information.
Effective
date: Aug. 26, 2005
HB
34 Telecom importuning
To
specify that a search warrant must be returned promptly.
Effective
date: Oct. 21, 2005
HB
48 Identity fraud
To
increase the penalty for identity fraud in certain circumstances,
including when it is committed against an elderly person or disabled
adult, to modify the affirmative defenses available for that offense,
and to create the Identity Fraud Passport.
Effective
date: Sept. 16, 2005
HB
50 Public indecency
To
expand and modify the penalty for the offense of public indecency.
Effective
date: Sept. 26, 2005
HB
95 Repeat violent offenders
sentencing
Relative
to the sentences imposed on repeat violent offenders and the appeal of
repeat violent offender sentences.
Effective
date: Aug. 3, 2006
HB
96 Criminal trespass
place of public amusement
To
create the offense of criminal trespass on a place of public amusement
and to clarify the element of "trespass" in the offenses of
aggravated burglary, burglary, and breaking and entering.
Effective
date: Aug. 3, 2006
HB
108 Victim Rights Law
extend to OVI victims
To
allow certain victims of an accident proximately caused by a person
committing OVI to receive the rights of a victim under the Victim's
Rights Law.
Effective
date: May 17, 2006
HB
137 Juvenile Court
revise expungement procedure
To
revise the procedure by which a juvenile court may seal records of
alleged and adjudicated delinquent and unruly children and adjudicated
juvenile traffic offenders, to make changes to the post-release control
law, to amend the version of section 2929.14 of the Revised Code that is
scheduled to take effect on August 3, 2006, to continue the provisions
of this act on and after that effective date.
Effective
dates: July 11, 2006, Aug. 3, 2006, Oct. 9, 2006
HB
162 Community-based
correctional facilities
To
revise the law governing community-based correctional facilities and
district community-based correctional facilities.
Effective
date: Oct. 12, 2006
HB
163 Drug offenders
reimburse drug test costs
To
authorize a court sentencing a drug abuse offender or imposing
disposition on a delinquent child for such an offense to require the
offender or child to reimburse involved law enforcement agencies for the
costs of tests that determined that a substance involved in the offense
contained a controlled substance.
Effective
date: Oct. 12, 2006
HB
214 Crime affidavits
uninvolve court clerks
To
limit the role of clerks of court in the procedures regarding the filing
by private persons of affidavits alleging that a person committed a
criminal offense and to require that an appropriate official review
affidavits filed by private persons to determine if a complaint should
be filed.
Effective
date: June 30, 2006
HB
226 Municipal fee court
services tax as costs
To
authorize the legislative authority of a municipal corporation to
establish a schedule of fees to be taxed as costs in a civil, criminal,
or traffic proceeding in a municipal court for services performed by
officers or employees of the municipal corporation's police department
or marshal's office and to revise the law regarding the Workers'
Compensation Oversight Commission's reporting requirements concerning
investments.
Effective
date: Feb. 27, 2006
HB
231 Discharge laser into
aircraft cockpit crime
To
prohibit a person from knowingly discharging a laser into the cockpit of
an aircraft and to expand definitions related to terrorism.
Effective
date: July 20, 2006
HB
241 Forfeiture Laws
revise
To
adopt the Criminal Sentencing Commission's recommendations regarding
revision of the Forfeiture Laws.
Effective
date: March 30, 2007
HB
259 Prohibit harassment with
bodily substance
To
prohibit a person, with intent to harass, annoy, threaten, or alarm a
law enforcement officer, from causing or attempting to cause the law
enforcement officer to come into contact with a bodily substance.
Effective
date: April 4, 2007
HB
279 Handgun identification
prohibit alteration
To
prohibit a person from changing, altering, removing, or obliterating the
name of the manufacturer, model, manufacturer's serial number, or any
other mark of identification on a firearm, to prohibit a person from
possessing a firearm knowing or having reasonable cause to believe any
such mark of identification on the firearm has been changed, altered,
removed, or obliterated, to prohibit the inclusion of an individual's
Social Security number on documents submitted for recording in the
office of the county recorder, and to create an affirmative defense to
associated civil liability of a good faith effort to comply with the
noninclusion requirement.
Effective
date: Sept. 28, 2006
HB
310 Video recording
prohibitions
To
clarify that the prohibitions it sets forth that refer to conduct
involving the photographing of another also apply to conduct involving
the videotaping, filming, or other recording of another.
Effective
date: June 15, 2006
HB
347 Conceal-carry laws
revise
To
revise the laws regarding licenses to carry a concealed handgun and the
authority to carry a concealed handgun under such a license; to provide
exemptions from certain carrying of firearms-related offenses for
persons in compliance with the Ohio Peace Officer Training Commission's
firearms requalification program; and to identify the right of any
person, except as provided in the U.S. or Ohio Constitution, federal
law, or Revised Code, to own, possess, purchase, sell, transfer,
transport, store, or keep a firearm, part of a firearm, firearm
component, or ammunition.
Effective
date: March 14, 2007
HB
461 Agg vehicular homicide
increase penalty prior OVI
To
increase the prison term for aggravated vehicular homicide when the
offender has prior OVI convictions or guilty pleas, to allow a certified
copy of a BMV record to be used as proof of a prior conviction, and to
expand the circumstances in which evidence on the concentration of
alcohol, drugs of abuse, or a combination of them in a person's blood,
breath, or urine may be admitted as evidence.
Effective
date: April 4, 2007
HB
551 Emergency
alertprohibit making false report
To
prohibit a person from making a false report that results in the
implementation of the statewide emergency alert program or a local or
regional emergency alert program and to revise the formula to be used by
the Auditor of State in determining the amount of the adjustment to be
made in the dollar figure specified by statute for a recovery by a
wrongfully imprisoned individual.
Effective
date: April 5, 2007
SB
8 Prohibit vehicle/vessel
operation if on drugs
To
prohibit the operation of a vehicle or vessel if a statutorily specified
concentration of amphetamine, cocaine, cocaine metabolite, heroin,
heroin metabolite (6-monoacetyl morphine), L.S.D., marihuana, marihuana
metabolite, methamphetamine, or phencyclidine is present in the
operator's blood or urine, subject to certain exceptions; to extend the
time within which a chemical test of an arrested person's whole blood,
blood serum or plasma, breath, or urine must be taken in order for the
results of the test to be admissible as evidence; to define drug of
abuse for certain watercraft and motor vehicle-related provisions; and
to make other related changes.
Effective
date: Aug. 17, 2006
SB
9 Revise state terrorism
laws
To
establish requirements for state and local compliance with federal
homeland security authorities and laws pertaining to terrorism and
homeland security; to create criminal offenses for specified acts
carried out in support of terrorism; to provide a 20-year limitation
period for certain terrorism-related offenses; to establish notification
requirements regarding illegal aliens convicted of a felony or in
custody of the Department of Rehabilitation and Correction; to require
individuals to show identification or provide personal information in
specified situations; to limit licensing, employing, and doing business
with persons who have provided material assistance to an organization on
the United States Department of State Terrorist Exclusion List; to
expand the definition of "corrupt activity" under the Corrupt
Activity Law to include the bill's terrorism-related offenses and animal
and ecological terrorism; to include the bill's terrorism-related
offenses as "designated offenses" for which an interception
warrant may be issued under the Communications Interception Law; to
clarify the authority of Ohio peace officers and personnel in the
Department of Public Safety to assist federal law enforcement officers;
to prohibit the reinstatement of a suspended driver's license to a
person who is the subject of an active arrest warrant; to amend
specified aspects of the 9-1-1 law; to provide for the establishment of
a homeland security advisory council; to designate the National Incident
Management System as the standard procedure for incident management
within the state; to require the registrar of motor vehicles to adopt
rules ensuring reasonably accurate identification of applicants for a
certificate of title; to expand the responsibilities of the Ohio
Community Service Council with respect to volunteers; to provide
registered volunteers with immunity from liability in specified
situations; to expand the duties of the Director of Health with respect
to volunteers; to provide security-related measures for ports and
public-use and private-use airports; and to expand the homeland security
duties of the Department of Public Safety.
Effective
date: April 14, 2006
SB
17 Child abuse clergy
reporting, toll statute of limitations
To
require a member of the clergy, rabbi, priest, Christian Science
practitioner, minister, or any person or layperson, other than a
volunteer, acting as a leader, official, delegate, or other designated
function on behalf of any church, religious society, or faith to report
the abuse or neglect of a child that is known or reasonably believed to
have been committed by any other member of the clergy, rabbi, priest,
Christian Science practitioner, minister, or person or layperson, other
than a volunteer, so acting on behalf of any church, religious society,
or faith; to toll the criminal statute of limitations for violations
involving abuse or neglect of a child if certain individuals fail to
report the abuse or neglect of the child; to provide for the issuance of
temporary protection orders and civil protection orders for victims of
sexually oriented offenses; to provide a twelve-year statute of
limitations for civil assault or battery actions brought by victims of
childhood sexual abuse based on childhood sexual abuse or civil actions
brought by victims of childhood sexual abuse asserting resulting claims;
to expand the offense of "sexual battery" to also prohibit a
cleric from engaging in sexual conduct with a minor who is a member of,
or attends, the church or congregation served by the cleric; to require
a sheriff to notify the public children services agency of registered
sex offenders in the jurisdiction; to create a cause of action for a
declaratory judgment in cases in which a victim of childhood sexual
abuse is barred from bringing an ordinary civil action by the expiration
of the limitations period; to create a registration and community
notification program for persons who are found liable in a declaratory
judgment action for assault or battery based on childhood sexual abuse;
to require the Attorney General to establish on the internet a civil
registry of persons found liable in a declaratory judgment action for
assault or battery based on childhood sexual abuse; to prohibit persons
required to register after being found liable in a declaratory judgment
action for assault or battery based on childhood sexual abuse from
failing to register and from living within 1,000 feet of any school
premises; and to require occupational licensing boards to consider a
person's listing on the civil registry in making determinations related
to the licensing of the person.
Effective
date: Aug. 3, 2006
SB
20 Criminal jurisdiction
extraterritorial reach
To
clarify the application of the state's criminal jurisdiction statute to
offenses committed in a jurisdiction other than Ohio that result from a
conspiracy, an attempt, or complicity to commit the offense that occurs
in Ohio; to clarify the application of that statute in homicide cases;
to clarify that Ohio criminal specifications are applicable to persons
who commit an offense in a jurisdiction other than Ohio but are subject
to Ohio criminal jurisdiction; and to make other related changes to the
state's criminal jurisdiction and venue statutes.
Effective
date: July 13, 2005
SB
53 Pseudoephedrine
restrictions
To
govern pseudoephedrine sales in Ohio.
Effective
date: May 17, 2006
SB
128 Butler County Court of
Common Pleas add judge
To
add one additional judge for the general division of the Butler County
Court of Common Pleas to be elected in 2006, to give the judges of the
Domestic Relations Division of the Lorain County Court of Common Pleas
jurisdiction over probate matters, to designate the successors to the
Lorain County probate judge as judges of the Domestic Relations Division
of the Lorain County Court of Common Pleas, to create an additional
General Division judgeship for the Lorain County Court of Common Pleas
to be filled initially at the 2006 general election, and to create an
additional judgeship for the Morrow County Court of Common Pleas to be
filled initially at the 2006 general election.
Effective
date: Dec. 20, 2005
SB
137 Child abuse fail to
report increase penalty
To
increase the penalty for a failure to make a mandatory report of abuse
or neglect of a child from a misdemeanor of the fourth degree to a
misdemeanor of the first degree if the child who is the subject of the
report that is not made suffers or faces the threat of suffering the
wound, injury, disability, or condition that would be the basis of the
report when the child is under either the direct care or supervision of
the offender acting in the offender's official or professional capacity
or the direct care or supervision of another person over whom the
offender has supervisory control.
Effective
date: March 30, 2007
SB
245 Public indecency
penalty/previous sex offense bail
To
generally increase the penalties for public indecency when the victim is
a minor and the offender has a previous public indecency conviction, to
require that a person charged with a sexually oriented offense or with
public indecency who has a previous conviction of a sexually oriented
offense or of public indecency appear before the court before the court
sets bail, and to generally require the court to consider certain
factors before setting bail for that person.
Effective
date: April 4, 2007
SB
260 Rape victim <13
yrs/by force enhance penalty
To
change the penalties and conditions when a person is convicted of rape
or attempted rape and the victim is less than 13; to increase the
penalty for importuning and establish a presumption for a prison term if
the victim is under 13; to require the Department of Rehabilitation and
Correction to notify sheriffs of the release of sex offenders and
child-victim oriented offenders and to require BCII to include on its
Internet sex offender database, and sheriffs who operate on the Internet
a sex offender database, to include on the database the information
received about the offender; to provide for the consideration of
specified convictions of members of the household of a parent in making
child custody determinations; to modify provision regarding protection
orders for victims of sexually oriented offenses; and to declare an
emergency.
Effective
date: January 2, 2007
SB
262 Post-conviction DNA
testing at any time
To
eliminate the former two-year window for applications under a program
for post-conviction DNA testing and instead allow an eligible inmate to
request post-conviction DNA testing at any time if specified criteria
are met, to provide for a court's consideration of all available
admissible evidence in determining whether the program's applicable
"outcome determinative" criterion is satisfied, and to make
other changes related to post-conviction DNA testing; to specify that
the DNA specimen collection procedures for felons and specified
misdemeanors apply regardless of when the offender's conviction occurred
or guilty plea was entered; and to declare an emergency.
Effective
date: July 11, 2006
Updated:
March 14, 2007
|
