Enact the Repeat Offender Act
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HB 5 — Enact the Repeat Offender Act
Last action — Referred to committee
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill has passed the House. Introduced January 23, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the Senate.
Prognosis
Where this bill stands today.
Odds of enactment
ModerateHow often bills like it became law.
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Passed House
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Mixed recorded votes
2 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
To amend sections 109.57, 109.572, 109.578, 109.579, 2151.357, 2901.08, 2923.125, 2923.13, 2923.14, 2929.01, 2929.13, 2929.14, 2941.141, 2941.144, 2941.145, 2941.146, 2953.25, 2953.26, 2953.32, 2953.34, 2953.61, 4723.28, 4729.16, 4729.56, 4729.57, 4729.96, and 4752.09 and to enact sections 2941.1427, 2941.1428, and 2953.321 of the Revised Code to enact the Repeat Offender Act to create a repeat offender classification, to create and modify certain firearm specifications, to increase the penalties for certain firearm offenses and specifications, to broaden the scope of relief from firearms disability, and to modify the sealing procedure for misdemeanors and fourth and fifth degree felonies.
Bill Text
What changed in the latest version
299 added · 297 removedPlain-language change summary
The latest version of Bill HB 5 removes the phrase "As Reported by the House Judiciary Committee" and replaces it with "As Passed by the House." This change indicates that the bill has gone through the committee process and has now been formally approved by the entire House. This shift is important because it signifies a step forward in the legislative process, meaning the bill is one step closer to becoming law.
As ReportedPassed by the House Judiciary Committee 136th General Assembly Regular Session Sub.
Representatives Bird, Click, Creech, Fischer, Fowler Arthur, Gross, Johnson, Klopfenstein, Miller, K., Miller, M., Mullins, Newman, Ray, StewartStewart, ToBarhorst, amendDaniels, sectionsHolmes, 109.11,Kishman, 109.57,Lampton, 109.572,Lear, 109.578,Mathews, 1A., 109.579,McClain, 2151.357,Odioso, 2746.02,Oelslager, 2901.08,Plummer, 2923.125,Robb 2Blasdel, 2923.13,Salvo, 2923.14,Schmidt, 2929.01,Thomas, 2929.13,D. 2929.14, 3 2929.34, 2930.171, 2941.141, 2941.144, 2941.145, 4 2941.146, 2951.041, 2953.25, 2953.26, 2953.31, 5 2953.32, 2953.34, 2953.39, 2953.61, 4723.28, 6 4729.16, 4729.56, 4729.57, 4729.96, 4752.09, and 7 5120.035 and to enact sections 2941.1427, 8 2941.1428, 2941.1429, 2953.311, 2953.321, 9 2953.322, and 2953.323 of the Revised Code to 10 enact the Repeat Offender Act to create a repeat 11 offender classification, to create and modify 12 certain firearm specifications, to increase the 13 penalties for certain firearm offenses and 14 specifications, to broaden the scope of relief 15 from firearms disability, and to modify the 16 Sealing and Expungement Law.
To amend sections 109.11, 109.57, 109.572, 109.578, 1 109.579, 2151.357, 2746.02, 2901.08, 2923.125, 2 2923.13, 2923.14, 2929.01, 2929.13, 2929.14, 3 2929.34, 2930.171, 2941.141, 2941.144, 2941.145, 4 2941.146, 2951.041, 2953.25, 2953.26, 2953.31, 5 2953.32, 2953.34, 2953.39, 2953.61, 4723.28, 6 4729.16, 4729.56, 4729.57, 4729.96, 4752.09, and 7 5120.035 and to enact sections 2941.1427, 8 2941.1428, 2941.1429, 2953.311, 2953.321, 9 2953.322, and 2953.323 of the Revised Code to 10 enact the Repeat Offender Act to create a repeat 11 offender classification, to create and modify 12 certain firearm specifications, to increase the 13 penalties for certain firearm offenses and 14 specifications, to broaden the scope of relief 15 from firearms disability, and to modify the 16 Sealing and Expungement Law.
That sections 109.11, 109.57, 109.572, 109.578, 18 109.579, 2151.357, 2746.02, 2901.08, 2923.125, 2923.13, 2923.14, 19 Sub.
5 Page 2 As ReportedPassed by the House Judiciary109.579, Committee2151.357, 2746.02, 2901.08, 2923.125, 2923.13, 2923.14, 19 2929.01, 2929.13, 2929.14, 2929.34, 2930.171, 2941.141, 20 2941.144, 2941.145, 2941.146, 2951.041, 2953.25, 2953.26, 21 2953.31, 2953.32, 2953.34, 2953.39, 2953.61, 4723.28, 4729.16, 22 4729.56, 4729.57, 4729.96, 4752.09, and 5120.035 be amended and 23 sections 2941.1427, 2941.1428, 2941.1429, 2953.311, 2953.321, 24 2953.322, and 2953.323 of the Revised Code be enacted to read as 25 follows:
44 (3) All amounts paid into the state treasury under 45 division (D)(3)(C)(3) of section 2953.32, division (C)(3) of 46 section 2953.322, or division (B)(3) of section 2953.39 of the 47 Revised Code and that are required under that division to be 48 credited to the attorney general reimbursement fund shall be 49 Sub.
5 Page 3 As ReportedPassed by the House Judiciarycredited Committeeto the attorney general reimbursement fund shall be 49 credited to the fund, and the amounts so credited shall be used 50 by the bureau of criminal identification and investigation for 51 expenses related to the sealing or expungement of records.
(A)(1) The superintendent of the bureau of 66 criminal identification and investigation shall procure from 67 wherever procurable and file for record photographs, pictures, 68 descriptions, fingerprints, measurements, and other information 69 that may be pertinent of all persons who have been convicted of 70 committing within this state a felony, any crime constituting a 71 misdemeanor on the first offense and a felony on subsequent 72 offenses, or any misdemeanor described in division (A)(1)(a), 73 (A)(4)(a), or (A)(6)(a) of section 109.572 of the Revised Code, 74 of all children under eighteen years of age who have been 75 adjudicated delinquent children for committing within this state 76 an act that would be a felony or an offense of violence if 77 committed by an adult or who have been convicted of or pleaded 78 guilty to committing within this state a felony or an offense of 79 violence,Sub. and of all well-known and habitual criminals.
The 80 Sub.
5 Page 4 As ReportedPassed by the House Judiciaryviolence, Committee person in charge of any county, multicounty, municipal, 81 municipal-county, or multicounty-municipal jail or workhouse, 82 community-based correctional facility, halfway house, 83 alternative residential facility, or state correctional 84 institution and the person in charge of anyall statewell-known institution 85 having custody of a person suspected of having committed a 86 felony, any crime constituting a misdemeanor on the first 87 offense and ahabitual felonycriminals. on subsequent offenses, or any misdemeanor 88 described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of 89 section 109.572 of the Revised Code or having custody of a child 90 under eighteen years of age with respect to whom there is 91 probable cause to believe that the child may have committed an 92 act that would be a felony or an offense of violence if 93 committed by an adult shall furnish such material to the 94 superintendent of the bureau.
Fingerprints,The photographs,80 orperson 95in othercharge descriptive information of aany childcounty, whomulticounty, ismunicipal, under81 eighteenmunicipal-county, 96or yearsmulticounty-municipal ofjail age,or hasworkhouse, not82 beencommunity-based arrestedcorrectional orfacility, otherwisehalfway takenhouse, into83 97alternative custodyresidential forfacility, committingor anstate actcorrectional that84 wouldinstitution beand athe felonyperson orin ancharge 98 offense of violenceany whostate isinstitution not85 inhaving anycustody other category of childa 99person specifiedsuspected inof thishaving division, if committed bya an86 adult,felony, hasany notcrime 100constituting been adjudicated a delinquentmisdemeanor childon forthe committingfirst an87 actoffense thatand 101 would be a felony oron ansubsequent offenseoffenses, ofor violenceany ifmisdemeanor committed88 bydescribed anin 102division adult,(A)(1)(a), has(A)(4)(a), notor been(A)(6)(a) convicted of or89 pleadedsection guilty109.572 toof committingthe 103Revised aCode felony or anhaving offensecustody of violence,a andchild is90 notunder aeighteen childyears withof 104age with respect to whom there is 91 probable cause to believe that the 105 child may have committed an 92 act that would be a felony or an 106 offense of violence if 93 committed by an adult shall notfurnish besuch 107material procuredto by the 94 superintendent or furnished by any person in 108 charge of anythe county,bureau. multicounty, municipal, municipal-county, 109 or multicounty-municipal jail or workhouse, community-based 110 correctional facility, halfway house, alternative residential 111 facility, or state correctional institution, except as 112 Sub.
Fingerprints, photographs, or 95 other descriptive information of a child who is under eighteen 96 years of age, has not been arrested or otherwise taken into 97 custody for committing an act that would be a felony or an 98 offense of violence who is not in any other category of child 99 specified in this division, if committed by an adult, has not 100 been adjudicated a delinquent child for committing an act that 101 would be a felony or an offense of violence if committed by an 102 adult, has not been convicted of or pleaded guilty to committing 103 a felony or an offense of violence, and is not a child with 104 respect to whom there is probable cause to believe that the 105 child may have committed an act that would be a felony or an 106 offense of violence if committed by an adult shall not be 107 procured by the superintendent or furnished by any person in 108 charge of any county, multicounty, municipal, municipal-county, 109 or multicounty-municipal jail or workhouse, community-based 110 correctional facility, halfway house, alternative residential 111 Sub.
5 Page 5 As ReportedPassed by the House Judiciaryfacility, Committeeor state correctional institution, except as 112 authorized in section 2151.313 of the Revised Code.
136 (d) The date that the person was convicted of or pleaded 137 guilty to the offense, adjudicated a delinquent child for 138 committing the act that would be a felony or an offense of 139 violence if committed by an adult, found not guilty of the 140 offense, or found not to be a delinquent child for committing an 141 Sub.
5 Page 6 As ReportedPassed by the House Judiciaryoffense, Committeeor found not to be a delinquent child for committing an 141 act that would be a felony or an offense of violence if 142 committed by an adult, the date of an entry dismissing the 143 charge, an entry declaring a mistrial of the offense in which 144 the person is discharged, an entry finding that the person or 145 child is not competent to stand trial, or an entry of a nolle 146 prosequi, or the date of any other determination that 147 constitutes final resolution of the case;
159 (3) The superintendent shall cooperate with and assist 160 sheriffs, chiefs of police, and other law enforcement officers 161 in the establishment of a complete system of criminal 162 identification and in obtaining fingerprints and other means of 163 identification of all persons arrested on a charge of a felony, 164 any crime constituting a misdemeanor on the first offense and a 165 felony on subsequent offenses, or a misdemeanor described in 166 division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 167 of the Revised Code and of all children under eighteen years of 168 age arrested or otherwise taken into custody for committing an 169 act that would be a felony or an offense of violence if 170 committedSub. by an adult.
The superintendent also shall file for 171 Sub.
5 Page 7 As ReportedPassed by the House Judiciary Committee record the fingerprint impressions of all persons confined in a 172 county, multicounty, municipal, municipal-county, or 173 multicounty-municipal jail or workhouse, community-based 174 correctional facility, halfway house, alternative residential 175 facility, or state correctional institution for the violation of 176 state laws and of all children under eighteen years of age who 177 are confined in a county, multicounty, municipal, municipal- 178 county, or multicounty-municipal jail or workhouse, community- 179 based correctional facility, halfway house, alternative 180 residential facility, or state correctional institution or in 181 any facility for delinquent children for committing an act that 182 would be a felony or an offense of violence if committed by an 183adult. adult, and any other information that the superintendent may 184 receive from law enforcement officials of the state and its 185 political subdivisions.
The superintendent also shall file for 171 record the fingerprint impressions of all persons confined in a 172 county, multicounty, municipal, municipal-county, or 173 multicounty-municipal jail or workhouse, community-based 174 correctional facility, halfway house, alternative residential 175 facility, or state correctional institution for the violation of 176 state laws and of all children under eighteen years of age who 177 are confined in a county, multicounty, municipal, municipal- 178 county, or multicounty-municipal jail or workhouse, community- 179 based correctional facility, halfway house, alternative 180 residential facility, or state correctional institution or in 181 any facility for delinquent children for committing an act that 182 would be a felony or an offense of violence if committed by an 183 adult, and any other information that the superintendent may 184 receive from law enforcement officials of the state and its 185 political subdivisions.
200 (6) The superintendent shall, upon request, assist a 201 Sub.
5 Page 8 As ReportedPassed by the House Judiciary(6) CommitteeThe superintendent shall, upon request, assist a 201 county coroner in the identification of a deceased person 202 through the use of fingerprint impressions obtained pursuant to 203 division (A)(1) of this section or collected pursuant to section 204 109.572 or 311.41 of the Revised Code.
The superintendent may gather, 228 store, retrieve, and disseminate information, data, and 229 statistics that pertain to children who are under eighteen years 230 of age and that are gathered pursuant to sections 109.57 to 231 109.61 of the Revised Code together with information, data, and 232 Sub.
5 Page 9 As ReportedPassed by the House Judiciary109.61 Committeeof the Revised Code together with information, data, and 232 statistics that pertain to adults and that are gathered pursuant 233 to those sections.
The rules may include criteria for granting and 261 restricting access to information gathered and disseminated 262 Sub.
5 Page 10 As ReportedPassed by the House Judiciaryrestricting Committeeaccess to information gathered and disseminated 262 through the Ohio law enforcement gateway.
288 (2) The superintendent or the superintendent's designee 289 shall gather and retain information so furnished under division 290 (A) of this section that pertains to the offense and delinquency 291 Sub.
5 Page 11 As ReportedPassed by the House Judiciary(A) Committeeof this section that pertains to the offense and delinquency 291 history of a person who has been convicted of, pleaded guilty 292 to, or been adjudicated a delinquent child for committing a 293 sexually oriented offense or a child-victim oriented offense for 294 the purposes described in division (C)(2) of this section.
The superintendent 314 shall not release, and the attorney general shall not adopt any 315 rule under division (E)(1) of this section that permits the 316 release of, any information gathered pursuant to division (A) of 317 this section that relates to an adjudication of a child as a 318 delinquent child, or that relates to a criminal conviction of a 319 person under eighteen years of age if the person's case was 320 transferred back to a juvenile court under division (B)(2) or 321 (3) of section 2152.121 of the Revised Code and the juvenile 322 Sub.
5 Page 12 As ReportedPassed by the House Judiciary(3) Committeeof section 2152.121 of the Revised Code and the juvenile 322 court imposed a disposition or serious youthful offender 323 disposition upon the person under either division, unless either 324 of the following applies with respect to the adjudication or 325 conviction:
348 (c) The bureau cannot reasonably determine whether a 349 criminal action resulting from the arrest is pending, and not 350 moreSub. than one year has elapsed since the date of the arrest.
351 Sub.
5 Page 13 As ReportedPassed by the House Judiciary Committee (4) A rule adopted under division (E)(1) of this section 352 may provide for the release of information gathered pursuant to 353 division (A) of this section that relates to an adjudication of 354 a child as a delinquent child if not more than fiveone yearsyear havehas 355 elapsed since the date of the adjudication,arrest. the adjudication was 356 for an act that would have been a felony if committed by an 357 adult, the records of the adjudication have not been sealed or 358 expunged pursuant to sections 2151.355 to 2151.358 of the 359 Revised Code, and the request for information is made under 360 division (F) of this section or under section 109.572 of the 361 Revised Code.
351 (4) A rule adopted under division (E)(1) of this section 352 may provide for the release of information gathered pursuant to 353 division (A) of this section that relates to an adjudication of 354 a child as a delinquent child if not more than five years have 355 elapsed since the date of the adjudication, the adjudication was 356 for an act that would have been a felony if committed by an 357 adult, the records of the adjudication have not been sealed or 358 expunged pursuant to sections 2151.355 to 2151.358 of the 359 Revised Code, and the request for information is made under 360 division (F) of this section or under section 109.572 of the 361 Revised Code.
any provider or subcontractor as 380 definedSub. in section 5123.081 of the Revised Code;
the chief 381 administrator of any chartered nonpublic school;
the chief 382 Sub.
5 Page 14 As ReportedPassed by the House Judiciarydefined Committeein administratorsection 5123.081 of athe registeredRevised privateCode; provider that is not also 383 a chartered nonpublic school;
the chief 381 administrator of any chartered nonpublic school;
the chief 382 administrator of a registered private provider that is not also 383 a chartered nonpublic school;
Within thirty days of the date that the superintendent 412 receives a request, subject to division (E)(2) of this section, 413 the superintendent shall send to the board, entity, or person a 414 Sub.
Show all 458 changed lines (418 more)
5 Page 15 As ReportedPassed by the House Judiciaryreceives Committeea request, subject to division (E)(2) of this section, 413 the superintendent shall send to the board, entity, or person a 414 report of any information that the superintendent determines 415 exists, including information contained in records that have 416 been sealed under section 2953.32 or 2953.321 of the Revised 417 Code, and, within thirty days of its receipt, subject to 418 division (E)(2) of this section, shall send the board, entity, 419 or person a report of any information received from the federal 420 bureau of investigation, other than information the 421 dissemination of which is prohibited by federal law.
437 (c) Notwithstanding division (F)(2)(a) of this section, in 438 the case of a request under section 3319.39, 3319.391, or 439 3327.10 of the Revised Code only for criminal records maintained 440 by the federal bureau of investigation, the superintendent shall 441 not determine whether any information gathered under division 442 (A) of this section exists on the person for whom the request is 443 made.Sub.
444 Sub.
5 Page 16 As ReportedPassed by the House Judiciarymade. Committee (3) The state board of education or the department of 445 education and workforce may request, with respect to any 446 individual who has applied for employment after October 2, 1989, 447 in any position with the state board or the department of 448 education and workforce, any information that a school district 449 board of education is authorized to request under division (F) 450 (2) of this section, and the superintendent of the bureau shall 451 proceed as if the request has been received from a school 452 district board of education under division (F)(2) of this 453 section.
444 (3) The state board of education or the department of 445 education and workforce may request, with respect to any 446 individual who has applied for employment after October 2, 1989, 447 in any position with the state board or the department of 448 education and workforce, any information that a school district 449 board of education is authorized to request under division (F) 450 (2) of this section, and the superintendent of the bureau shall 451 proceed as if the request has been received from a school 452 district board of education under division (F)(2) of this 453 section.
of the Revised Code, or adult 466 day-care program operated pursuant to rules adopted under 467 section 3721.04 of the Revised Code may request that the 468 superintendent of the bureau investigate and determine, with 469 respect to any individual who has applied after January 27, 470 1997, for employment in a position that does not involve 471 providing direct care to an older adult or adult resident, 472 whether the bureau has any information gathered under division 473 (A)Sub. of this section that pertains to that individual.
474 Sub.
5 Page 17 As ReportedPassed by the House Judiciary Committee In addition to or in conjunction with any request that is 475 required to be made under section 173.27 of the Revised Code 476 with respect to an individual who has applied for employment in 477 a position that involves providing ombudsman services to 478 residents of long-term care facilities or recipients of 479 community-based long-term care services, the state long-term 480 care ombudsman, the director of aging, a regional long-term care 481 ombudsman program, or the designee of the ombudsman, director, 482 or program may request that the superintendent investigate and 483 determine, with respect to any individual who has applied for 484 employment in a position that does not involve providing such 485 ombudsman services, whether the bureau has any information 486 gathered under division (A) of this section that pertains to 487 that applicant.individual.
474 In addition to or in conjunction with any request that is 475 required to be made under section 173.27 of the Revised Code 476 with respect to an individual who has applied for employment in 477 a position that involves providing ombudsman services to 478 residents of long-term care facilities or recipients of 479 community-based long-term care services, the state long-term 480 care ombudsman, the director of aging, a regional long-term care 481 ombudsman program, or the designee of the ombudsman, director, 482 or program may request that the superintendent investigate and 483 determine, with respect to any individual who has applied for 484 employment in a position that does not involve providing such 485 ombudsman services, whether the bureau has any information 486 gathered under division (A) of this section that pertains to 487 that applicant.
498 In addition to or in conjunction with any request that is 499 required to be made under section 3712.09 of the Revised Code 500 with respect to an individual who has applied for employment in 501 a position that involves providing direct care to a pediatric 502 respite care patient, the chief administrator of a pediatric 503 respite care program may request that the superintendent of the 504 bureau investigate and determine, with respect to any individual 505 Sub.
5 Page 18 As ReportedPassed by the House Judiciaryrespite Committeecare program may request that the superintendent of the 504 bureau investigate and determine, with respect to any individual 505 who has applied for employment in a position that does not 506 involve providing direct care to a pediatric respite care 507 patient, whether the bureau has any information gathered under 508 division (A) of this section that pertains to that individual.
533 (J)Sub. As used in this section:
534 Sub.
5 Page 19 As ReportedPassed by the House Judiciary(J) CommitteeAs (1)used "Pediatric respite care program" and "pediatric care 535 patient" have the same meanings as in sectionthis 3712.01section: of the 536 Revised Code.
534 (1) "Pediatric respite care program" and "pediatric care 535 patient" have the same meanings as in section 3712.01 of the 536 Revised Code.
557 (a) A violation of section 2903.01, 2903.02, 2903.03, 558 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 559 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 560 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 561 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 562 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 563 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 564 Sub.
5 Page 20 As ReportedPassed by the House Judiciary2907.31, Committee2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 563 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 564 2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2923.42, 2925.02, 565 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 566 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, or 3716.11 567 of the Revised Code, felonious sexual penetration in violation 568 of former section 2907.12 of the Revised Code, a violation of 569 section 2905.04 of the Revised Code as it existed prior to July 570 1, 1996, a violation of section 2919.23 of the Revised Code that 571 would have been a violation of section 2905.04 of the Revised 572 Code as it existed prior to July 1, 1996, had the violation been 573 committed prior to that date, or a violation of section 2925.11 574 of the Revised Code that is not a minor drug possession offense;
The superintendent 592 shall conduct the criminal records check in the manner described 593 in division (B) of this section to determine whether any 594 Sub.
5 Page 21 As ReportedPassed by the House Judiciaryshall Committeeconduct the criminal records check in the manner described 593 in division (B) of this section to determine whether any 594 information exists that indicates that the person who is the 595 subject of the request previously has been convicted of or 596 pleaded guilty to any of the following:
The superintendent shall conduct the criminal 619 records check in the manner described in division (B) of this 620 section to determine whether any information exists that 621 indicates that the person who is the subject of the request 622 previously has been convicted of, has pleaded guilty to, or 623 (except in the case of a request pursuant to section 5164.34, 624 Sub.
5 Page 22 As ReportedPassed by the House Judiciarypreviously Committeehas been convicted of, has pleaded guilty to, or 623 (except in the case of a request pursuant to section 5164.34, 624 5164.341, or 5164.342 of the Revised Code) has been found 625 eligible for intervention in lieu of conviction for any of the 626 following, regardless of the date of the conviction, the date of 627 entry of the guilty plea, or (except in the case of a request 628 pursuant to section 5164.34, 5164.341, or 5164.342 of the 629 Revised Code) the date the person was found eligible for 630 intervention in lieu of conviction:
653 (c) A violation of section 2905.04 of the Revised Code as 654 Sub.
5 Page 23 As ReportedPassed by the House Judiciary(c) CommitteeA violation of section 2905.04 of the Revised Code as 654 it existed prior to July 1, 1996;
674 (a) A violation of section 959.13, 2151.421, 2903.01, 675 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 676 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 677 2903.32, 2903.34, 2905.01, 2905.02, 2905.05, 2905.32, 2907.02, 678 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 679 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 680 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 681 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 682 2917.01, 2917.02, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 683 2923.13, 2923.161, 2923.17, 2923.21, 2925.02, 2925.03, 2925.04, 684 Sub.
5 Page 24 As ReportedPassed by the House Judiciary2923.13, Committee2923.161, 2923.17, 2923.21, 2925.02, 2925.03, 2925.04, 684 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 685 2925.31, 2925.32, 2925.36, 2925.37, 2927.12, or 3716.11 of the 686 Revised Code, a violation of section 2905.04 of the Revised Code 687 as it existed prior to July 1, 1996, a violation of section 688 2919.23 of the Revised Code that would have been a violation of 689 section 2905.04 of the Revised Code as it existed prior to July 690 1, 1996, had the violation been committed prior to that date, a 691 violation of section 2925.11 of the Revised Code that is not a 692 minor drug possession offense, two or more OVI or OVUAC 693 violations committed within the three years immediately 694 preceding the submission of the application or petition that is 695 the basis of the request, or felonious sexual penetration in 696 violation of former section 2907.12 of the Revised Code, or a 697 violation of Chapter 2919.
712 (a) A violation of section 2151.421, 2903.01, 2903.02, 713 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 714 Sub.
5 Page 25 As ReportedPassed by the House Judiciary2903.03, Committee2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 714 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 715 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 716 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 717 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 718 2909.03, 2909.04, 2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 719 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 720 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 721 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 722 2913.48, 2913.49, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 723 2919.22, 2919.224, 2919.225, 2919.24, 2919.25, 2921.03, 2921.11, 724 2921.13, 2921.14, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 725 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 726 3716.11 of the Revised Code, felonious sexual penetration in 727 violation of former section 2907.12 of the Revised Code, a 728 violation of section 2905.04 of the Revised Code as it existed 729 prior to July 1, 1996, a violation of section 2919.23 of the 730 Revised Code that would have been a violation of section 2905.04 731 of the Revised Code as it existed prior to July 1, 1996, had the 732 violation been committed prior to that date, a violation of 733 section 2925.11 of the Revised Code that is not a minor drug 734 possession offense, a violation of section 2923.02 or 2923.03 of 735 the Revised Code that relates to a crime specified in this 736 division, or a second violation of section 4511.19 of the 737 Revised Code within five years of the date of application for 738 licensure or certification.
743 (6) Upon receipt of a request pursuant to section 5153.111 744 of the Revised Code, a completed form prescribed pursuant to 745 Sub.
5 Page 26 As ReportedPassed by the House Judiciaryof Committeethe Revised Code, a completed form prescribed pursuant to 745 division (C)(1) of this section, and a set of fingerprint 746 impressions obtained in the manner described in division (C)(2) 747 of this section, the superintendent of the bureau of criminal 748 identification and investigation shall conduct a criminal 749 records check in the manner described in division (B) of this 750 section to determine whether any information exists that 751 indicates that the person who is the subject of the request 752 previously has been convicted of or pleaded guilty to any of the 753 following:
774 (7) On receipt of a request for a criminal records check 775 Sub.
5 Page 27 As ReportedPassed by the House Judiciary(7) CommitteeOn receipt of a request for a criminal records check 775 from an individual pursuant to section 4749.03 or 4749.06 of the 776 Revised Code, accompanied by a completed copy of the form 777 prescribed in division (C)(1) of this section and a set of 778 fingerprint impressions obtained in a manner described in 779 division (C)(2) of this section, the superintendent of the 780 bureau of criminal identification and investigation shall 781 conduct a criminal records check in the manner described in 782 division (B) of this section to determine whether any 783 information exists indicating that the person who is the subject 784 of the request has been convicted of or pleaded guilty to any 785 criminal offense in this state or in any other state.
The 802 superintendent shall conduct the criminal records check in the 803 manner described in division (B) of this section to determine 804 whether any information exists that indicates that the person 805 who is the subject of the request previously has been convicted 806 Sub.
5 Page 28 As ReportedPassed by the House Judiciarywho Committeeis the subject of the request previously has been convicted 806 of or pleaded guilty to any criminal offense in this state, any 807 other state, or the United States.
833 (10) On receipt of a request pursuant to section 124.74, 834 718.131, 1121.23, 1315.141, 1733.47, or 1761.26 of the Revised 835 Code, a completed form prescribed pursuant to division (C)(1) of 836 this section, and a set of fingerprint impressions obtained in 837 Sub.
5 Page 29 As ReportedPassed by the House Judiciarythis Committeesection, and a set of fingerprint impressions obtained in 837 the manner described in division (C)(2) of this section, the 838 superintendent of the bureau of criminal identification and 839 investigation shall conduct a criminal records check in the 840 manner described in division (B) of this section to determine 841 whether any information exists that indicates that the person 842 who is the subject of the request previously has been convicted 843 of or pleaded guilty to any criminal offense under any existing 844 or former law of this state, any other state, or the United 845 States.
863 (12) On receipt of a request pursuant to section 2151.33 864 or 2151.412 of the Revised Code, a completed form prescribed 865 pursuant to division (C)(1) of this section, and a set of 866 fingerprint impressions obtained in the manner described in 867 division (C)(2) of this section, the superintendent of the 868 Sub.
5 Page 30 As ReportedPassed by the House Judiciarydivision Committee(C)(2) of this section, the superintendent of the 868 bureau of criminal identification and investigation shall 869 conduct a criminal records check with respect to any person for 870 whom a criminal records check is required under that section.
889 (13) On receipt of a request pursuant to section 3796.12 890 of the Revised Code, a completed form prescribed pursuant to 891 division (C)(1) of this section, and a set of fingerprint 892 impressions obtained in a manner described in division (C)(2) of 893 this section, the superintendent of the bureau of criminal 894 identification and investigation shall conduct a criminal 895 records check in the manner described in division (B) of this 896 section to determine whether any information exists that 897 indicates that the person who is the subject of the request 898 Sub.
5 Page 31 As ReportedPassed by the House Judiciaryindicates Committeethat the person who is the subject of the request 898 previously has been convicted of or pleaded guilty to a 899 disqualifying offense as specified in rules adopted under 900 section 9.79 and division (B)(2)(b) of section 3796.03 of the 901 Revised Code if the person who is the subject of the request is 902 an administrator or other person responsible for the daily 903 operation of, or an owner or prospective owner, officer or 904 prospective officer, or board member or prospective board member 905 of, an entity seeking a license from the department of commerce 906 under Chapter 3796.
922 (15) On receipt of a request pursuant to section 4768.06 923 of the Revised Code, a completed form prescribed under division 924 (C)(1) of this section, and a set of fingerprint impressions 925 obtained in the manner described in division (C)(2) of this 926 section, the superintendent of the bureau of criminal 927 identification and investigation shall conduct a criminal 928 records check in the manner described in division (B) of this 929 Sub.
5 Page 32 As ReportedPassed by the House Judiciaryrecords Committeecheck in the manner described in division (B) of this 929 section to determine whether any information exists indicating 930 that the person who is the subject of the request has been 931 convicted of or pleaded guilty to any criminal offense in this 932 state or in any other state.
958 (18) Upon receipt of a request pursuant to division (F) of 959 Sub.
5 Page 33 As ReportedPassed by the House Judiciary(18) CommitteeUpon receipt of a request pursuant to division (F) of 959 section 2915.081 or division (E) of section 2915.082 of the 960 Revised Code, a completed form prescribed under division (C)(1) 961 of this section, and a set of fingerprint impressions obtained 962 in the manner described in division (C)(2) of this section, the 963 superintendent of the bureau of criminal identification and 964 investigation shall conduct a criminal records check in the 965 manner described in division (B) of this section to determine 966 whether any information exists indicating that the person who is 967 the subject of the request has been convicted of or pleaded 968 guilty or no contest to any offense that is a violation of 969 Chapter 2915.
987 (B) Subject to division (F) of this section, the 988 superintendent shall conduct any criminal records check to be 989 conductedSub. under this section as follows:
990 Sub.
5 Page 34 As ReportedPassed by the House Judiciaryconducted Committee (1) The superintendent shall review or cause to be 991 reviewed any relevant information gathered and compiled by the 992 bureau under divisionthis (A) of section 109.57as offollows: the Revised Code 993 that relates to the person who is the subject of the criminal 994 records check, including, if the criminal records check was 995 requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 996 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 997 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3740.11, 998 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13, 4729.071, 999 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 1000 4768.06, 5103.053, 5104.013, 5164.34, 5164.341, 5164.342, 1001 5123.081, 5123.169, or 5153.111 of the Revised Code, any 1002 relevant information contained in records that have been sealed 1003 under section 2953.32 or 2953.321 of the Revised Code;
990 (1) The superintendent shall review or cause to be 991 reviewed any relevant information gathered and compiled by the 992 bureau under division (A) of section 109.57 of the Revised Code 993 that relates to the person who is the subject of the criminal 994 records check, including, if the criminal records check was 995 requested under section 113.041, 121.08, 124.74, 173.27, 173.38, 996 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 997 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3740.11, 998 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13, 4729.071, 999 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 1000 4768.06, 5103.053, 5104.013, 5164.34, 5164.341, 5164.342, 1001 5123.081, 5123.169, or 5153.111 of the Revised Code, any 1002 relevant information contained in records that have been sealed 1003 under section 2953.32 or 2953.321 of the Revised Code;
1019 (3) The superintendent or the superintendent's designee 1020 may request criminal history records from other states or the 1021 Sub.
5 Page 35 As ReportedPassed by the House Judiciary(3) CommitteeThe superintendent or the superintendent's designee 1020 may request criminal history records from other states or the 1021 federal government pursuant to the national crime prevention and 1022 privacy compact set forth in section 109.571 of the Revised 1023 Code.
The form that the superintendent 1046 prescribes pursuant to this division may be in a tangible 1047 format, in an electronic format, or in both tangible and 1048 electronicSub. formats.
1049 (2) The superintendent shall prescribe standard impression 1050 Sub.
5 Page 36 As ReportedPassed by the House Judiciaryelectronic Committeeformats. sheets to obtain the fingerprint impressions of any person for 1051 whom a criminal records check is to be conducted under this 1052 section.
1049 (2) The superintendent shall prescribe standard impression 1050 sheets to obtain the fingerprint impressions of any person for 1051 whom a criminal records check is to be conducted under this 1052 section.
1075 (D) The results of a criminal records check conducted 1076 under this section, other than a criminal records check 1077 specified in division (A)(7) of this section, are valid for the 1078 person who is the subject of the criminal records check for a 1079 period of one year from the date upon which the superintendent 1080 Sub.
5 Page 37 As ReportedPassed by the House Judiciaryperson Committeewho is the subject of the criminal records check for a 1079 period of one year from the date upon which the superintendent 1080 completes the criminal records check.
1102 (2) Division (F)(1) of this section does not limit, 1103 restrict, or preclude the superintendent's release of 1104 information that relates to the arrest of a person who is 1105 eighteen years of age or older, to an adjudication of a child as 1106 a delinquent child, or to a criminal conviction of a person 1107 under eighteen years of age in circumstances in which a release 1108 of that nature is authorized under division (E)(2), (3), or (4) 1109 of section 109.57 of the Revised Code pursuant to a rule adopted 1110 Sub.
5 Page 38 As ReportedPassed by the House Judiciaryof Committeethat nature is authorized under division (E)(2), (3), or (4) 1109 of section 109.57 of the Revised Code pursuant to a rule adopted 1110 under division (E)(1) of that section.
(A) On receipt of a request pursuant to 1130 section 505.381, 737.081, 737.221, or 4765.301 of the Revised 1131 Code, a completed form prescribed pursuant to division (C)(1) of 1132 this section, and a set of fingerprint impressions obtained in 1133 the manner described in division (C)(2) of this section, the 1134 superintendent of the bureau of criminal identification and 1135 investigation shall conduct a criminal records check in the 1136 manner described in division (B) of this section to determine 1137 whether any information exists that indicates that the person 1138 who is the subject of the request previously has been convicted 1139 Sub.
5 Page 39 As ReportedPassed by the House Judiciarywhether Committeeany information exists that indicates that the person 1138 who is the subject of the request previously has been convicted 1139 of or pleaded guilty to any of the following:
1163 (C)(1) The superintendent shall prescribe a form to obtain 1164 the information necessary to conduct a criminal records check 1165 from any person for whom a criminal records check is requested 1166 pursuantSub. to section 505.381, 737.081, 737.221, or 4765.301 of 1167 the Revised Code.
The form that the superintendent prescribes 1168 Sub.
5 Page 40 As ReportedPassed by the House Judiciary Committee pursuant to thissection division505.381, may737.081, be737.221, in a tangible format, in an 1169 electronic format, or in4765.301 bothof tangible1167 andthe electronicRevised formats.Code.
The form that the superintendent prescribes 1168 pursuant to this division may be in a tangible format, in an 1169 electronic format, or in both tangible and electronic formats.
1194 (D) A determination whether any information exists that 1195 indicates that a person previously has been convicted of or 1196 pleaded guilty to any offense listed or described in division 1197 (A) of this section and that the superintendent made with 1198 Sub.
5 Page 41 As ReportedPassed by the House Judiciarypleaded Committeeguilty to any offense listed or described in division 1197 (A) of this section and that the superintendent made with 1198 respect to information considered in a criminal records check in 1199 accordance with this section is valid for the person who is the 1200 subject of the criminal records check for a period of one year 1201 from the date upon which the superintendent makes the 1202 determination.
1225 (F) As used in this section, "criminal records check" 1226 means any criminal records check conducted by the superintendent 1227 of the bureau of criminal identification and investigation in 1228 Sub.
5 Page 42 As ReportedPassed by the House Judiciarymeans Committeeany criminal records check conducted by the superintendent 1227 of the bureau of criminal identification and investigation in 1228 accordance with division (B) of this section.
1256 (2) If the request received by the superintendent asks for 1257 information from the federal bureau of investigation, the 1258 Sub.
5 Page 43 As ReportedPassed by the House Judiciary(2) CommitteeIf the request received by the superintendent asks for 1257 information from the federal bureau of investigation, the 1258 superintendent shall request from the federal bureau of 1259 investigation any information it has with respect to the person 1260 who is the subject of the request.
The standard impression sheets the 1286 superintendent prescribes pursuant to this division may be in a 1287 tangible format, in an electronic format, or in both tangible 1288 Sub.
5 Page 44 As ReportedPassed by the House Judiciarysuperintendent Committeeprescribes pursuant to this division may be in a 1287 tangible format, in an electronic format, or in both tangible 1288 and electronic formats.
1315 (1) Order that the proceedings in a case described in 1316 divisions (B) and (C) of section 2151.356 of the Revised Code be 1317 Sub.
5 Page 45 As ReportedPassed by the House Judiciary(1) CommitteeOrder that the proceedings in a case described in 1316 divisions (B) and (C) of section 2151.356 of the Revised Code be 1317 deemed never to have occurred;
1340 (B) Except as provided in division (D) of this section, an 1341 order to seal under section 2151.356 of the Revised Code applies 1342 to every public office or agency that has a record relating to 1343 the case, regardless of whether it receives notice of the 1344 hearingSub. on the sealing of the record or a copy of the order.
1345 Except as provided in division (D) of this section, upon the 1346 Sub.
5 Page 46 As ReportedPassed by the House Judiciaryhearing Committeeon written request of a person whose record has been sealed and the 1347sealing presentation of a copy of the orderrecord and compliance with division 1348 (A)(3) of this section, a public office or agency shall expunge 1349 its record relating to the case, except a recordcopy of the 1350 adjudication or arrest or taking into custody that is maintained 1351 for compiling statistical data and that does not contain any 1352 reference to the person who is the subject of the order.
1345 Except as provided in division (D) of this section, upon the 1346 written request of a person whose record has been sealed and the 1347 presentation of a copy of the order and compliance with division 1348 (A)(3) of this section, a public office or agency shall expunge 1349 its record relating to the case, except a record of the 1350 adjudication or arrest or taking into custody that is maintained 1351 for compiling statistical data and that does not contain any 1352 reference to the person who is the subject of the order.
1371 (D) Notwithstanding any provision of this section that 1372 requires otherwise, a board of education of a city, local, 1373 Sub.
5 Page 47 As ReportedPassed by the House Judiciary(D) CommitteeNotwithstanding any provision of this section that 1372 requires otherwise, a board of education of a city, local, 1373 exempted village, or joint vocational school district that 1374 maintains records of an individual who has been permanently 1375 excluded under sections 3301.121 and 3313.662 of the Revised 1376 Code is permitted to maintain records regarding an adjudication 1377 that the individual is a delinquent child that was used as the 1378 basis for the individual's permanent exclusion, regardless of a 1379 court order to seal the record.
1399 (2) If the records in question pertain to an act that 1400 would be an offense of violence that would be a felony if 1401 committed by an adult, by any law enforcement officer or any 1402 prosecutor, or the assistants of a law enforcement officer or 1403 Sub.
5 Page 48 As ReportedPassed by the House Judiciarycommitted Committeeby an adult, by any law enforcement officer or any 1402 prosecutor, or the assistants of a law enforcement officer or 1403 prosecutor, for any valid law enforcement or prosecutorial 1404 purpose;
1427 (F) No officer or employee of the state or any of its 1428 political subdivisions shall knowingly release, disseminate, or 1429 make available for any purpose involving employment, bonding, 1430 licensing, or education to any person or to any department, 1431 agency, or other instrumentality of the state or of any of its 1432 Sub.
5 Page 49 As ReportedPassed by the House Judiciarylicensing, Committeeor education to any person or to any department, 1431 agency, or other instrumentality of the state or of any of its 1432 political subdivisions any information or other data concerning 1433 any arrest, taking into custody, complaint, indictment, 1434 information, trial, hearing, adjudication, or correctional 1435 supervision, the records of which have been sealed pursuant to 1436 section 2151.356 of the Revised Code and the release, 1437 dissemination, or making available of which is not expressly 1438 permitted by this section.
Evidence of a judgment 1459 rendered and the disposition of a child under the judgment is 1460 not admissible to impeach the credibility of the child in any 1461 actionSub. or proceeding.
Otherwise, the disposition of a child 1462 under the judgment rendered or any evidence given in court is 1463 Sub.
5 Page 50 As ReportedPassed by the House Judiciary Committee admissible as evidence for or against the child in any action or 1464proceeding. proceeding in any court in accordance with the Rules of Evidence 1465 and also may be considered by any court as to the matter of 1466 sentence or to the granting of probation, and a court may 1467 consider the judgment rendered and the disposition of a child 1468 under that judgment for purposes of determining whether the 1469 child, for a future criminal conviction or guilty plea, is a 1470 repeat violent offender or a repeat offender, as defined in 1471 section 2929.01 of the Revised Code.
Otherwise, the disposition of a child 1462 under the judgment rendered or any evidence given in court is 1463 admissible as evidence for or against the child in any action or 1464 proceeding in any court in accordance with the Rules of Evidence 1465 and also may be considered by any court as to the matter of 1466 sentence or to the granting of probation, and a court may 1467 consider the judgment rendered and the disposition of a child 1468 under that judgment for purposes of determining whether the 1469 child, for a future criminal conviction or guilty plea, is a 1470 repeat violent offender or a repeat offender, as defined in 1471 section 2929.01 of the Revised Code.
1488 (D) In a case in which an offender is sentenced for 1489 endangering children in violation of section 2919.22 of the 1490 Revised Code, the costs of the offender's supervised community 1491 service work, as provided in section 2919.22 of the Revised 1492 Sub.
5 Page 51 As ReportedPassed by the House JudiciaryRevised CommitteeCode, the costs of the offender's supervised community 1491 service work, as provided in section 2919.22 of the Revised 1492 Code;
1514 (J) In a case in which a person is convicted of or pleads 1515 guilty to any offense other than a parking violation or in which 1516 a child is found to be a delinquent child or a juvenile traffic 1517 offender for an act that, if committed by an adult, would be an 1518 offense other than a parking violation, additional costs and 1519 bail, if applicable, as provided in sections 2743.70 and 1520 2949.091 of the Revised Code, but subject to waiver as provided 1521 Sub.
5 Page 52 As ReportedPassed by the House Judiciarybail, Committeeif applicable, as provided in sections 2743.70 and 1520 2949.091 of the Revised Code, but subject to waiver as provided 1521 in section 2949.092 of the Revised Code;
1547 (3) In a case in which the court issues a protection order 1548 against an adult upon a petition alleging that the respondent 1549 committed menacing by stalking or a sexually oriented offense, 1550 Sub.
5 Page 53 As ReportedPassed by the House Judiciaryagainst Committeean adult upon a petition alleging that the respondent 1549 committed menacing by stalking or a sexually oriented offense, 1550 as provided in section 2903.214 of the Revised Code;
1577 (1) Whether the person is a repeat violent offender, as 1578 defined in section 2929.01 of the Revised Code, or whether the 1579 Sub.
5 Page 54 As ReportedPassed by the House Judiciary(1) CommitteeWhether the person is a repeat violent offender, as 1578 defined in section 2929.01 of the Revised Code, or whether the 1579 person should be sentenced as a repeat violent offender under 1580 division (B)(2) of section 2929.14 and section 2941.149 of the 1581 Revised Code;
It is the intent of the general assembly 1599 that Ohio concealed handgun license law be compliant with the 1600 national instant criminal background check system, that the 1601 bureau of alcohol, tobacco, firearms, and explosives is able to 1602 determine that Ohio law is compliant with the national instant 1603 criminal background check system, and that no person shall be 1604 eligible to receive a concealed handgun license permit under 1605 section 2923.125 or 2923.1213 of the Revised Code unless the 1606 person is eligible lawfully to receive or possess a firearm in 1607 theSub. United States.
1608 (A) This section applies with respect to the application 1609 Sub.
5 Page 55 As ReportedPassed by the House Judiciary Committee for and issuance by this state of concealed handgun licenses 1610 other than concealed handgun licenses on a temporary emergency 1611 basis that are issued under section 2923.1213 of the RevisedUnited 1612States. Code.
1608 (A) This section applies with respect to the application 1609 for and issuance by this state of concealed handgun licenses 1610 other than concealed handgun licenses on a temporary emergency 1611 basis that are issued under section 2923.1213 of the Revised 1612 Code.
1637 (1)(a)Sub. A nonrefundable license fee as described in either 1638 of the following:
1639 Sub.
5 Page 56 As ReportedPassed by the House Judiciary(1)(a) CommitteeA (i)nonrefundable Forlicense anfee applicantas whodescribed hasin beeneither a1638 resident of thisthe statefollowing: 1640 for five or more years, a fee of sixty-seven dollars;
1639 (i) For an applicant who has been a resident of this state 1640 for five or more years, a fee of sixty-seven dollars;
1663 (d) The sheriff shall deposit all fees paid by an 1664 applicant under division (B)(1)(a) of this section into the 1665 sheriff's concealed handgun license issuance fund established 1666 pursuantSub. to section 311.42 of the Revised Code.
The county shall 1667 distribute the fees in accordance with section 311.42 of the 1668 Revised Code.
1669 Sub.
5 Page 57 As ReportedPassed by the House Judiciarypursuant Committee (2) A color photograph of the applicant that was taken 1670 within thirty days prior to thesection date311.42 of the application;Revised Code.
The county shall 1667 distribute the fees in accordance with section 311.42 of the 1668 Revised Code.
1669 (2) A color photograph of the applicant that was taken 1670 within thirty days prior to the date of the application;
1693 (b) An original or photocopy of a certificate of 1694 completion of a firearms safety, training, or requalification or 1695 firearms safety instructor course, class, or program that 1696 satisfiesSub. all of the following criteria:
1697 (i) It was open to members of the general public.
1698 Sub.
5 Page 58 As ReportedPassed by the House Judiciarysatisfies Committeeall (ii) It utilized qualified instructors who were certified 1699 by a national gun advocacy organization, the executive director 1700 of the Ohiofollowing peacecriteria: officer training commission pursuant to 1701 section 109.75 or 109.78 of the Revised Code, or a governmental 1702 official or entity of another state.
1697 (i) It was open to members of the general public.
1698 (ii) It utilized qualified instructors who were certified 1699 by a national gun advocacy organization, the executive director 1700 of the Ohio peace officer training commission pursuant to 1701 section 109.75 or 109.78 of the Revised Code, or a governmental 1702 official or entity of another state.
1725 (i) That the applicant is an active or reserve member of 1726 the armed forces of the United States, has retired from or was 1727 Sub.
5 Page 59 As ReportedPassed by the House Judiciary(i) CommitteeThat the applicant is an active or reserve member of 1726 the armed forces of the United States, has retired from or was 1727 honorably discharged from military service in the active or 1728 reserve armed forces of the United States, is a retired trooper 1729 of the state highway patrol, or is a retired peace officer or 1730 federal law enforcement officer described in division (B)(1) of 1731 this section or a retired person described in division (B)(1)(b) 1732 of section 109.77 of the Revised Code and division (B)(1) of 1733 this section;
1750 (f) An affidavit that attests to the applicant's 1751 satisfactory completion of a course, class, or program described 1752 in division (B)(3)(a), (b), (c), or (e) of this section and that 1753 is subscribed by the applicant's instructor or an authorized 1754 representative of the entity that offered the course, class, or 1755 programSub. or under whose auspices the course, class, or program 1756 was offered;
1757 Sub.
5 Page 60 As ReportedPassed by the House Judiciaryprogram Committeeor (g)under Awhose documentauspices that evidences that the applicantcourse, hasclass, 1758or successfully completed the Ohio peace officer training program 17591756 describedwas inoffered; section 109.79 of the Revised Code.
1757 (g) A document that evidences that the applicant has 1758 successfully completed the Ohio peace officer training program 1759 described in section 109.79 of the Revised Code.
1779 (C) Upon receipt of the completed application form, 1780 supporting documentation, and, if not waived, license fee of an 1781 applicant under this section, a sheriff, in the manner specified 1782 in section 311.41 of the Revised Code, shall conduct or cause to 1783 be conducted the criminal records check and the incompetency 1784 recordsSub. check described in section 311.41 of the Revised Code.
1785 (D)(1) Except as provided in division (D)(3) of this 1786 Sub.
5 Page 61 As ReportedPassed by the House Judiciaryrecords Committeecheck section, within forty-five days after a sheriff's receipt of an 1787 applicant's completed application form for a concealed handgun 1788 license under this section, the supporting documentation, and, 1789 if not waived, the license fee, the sheriff shall make available 1790 through the law enforcement automated data system in accordance 1791 with division (H) of this section the information described in 1792 that division and, upon making the information available through 1793 the system, shall issue to the applicant a concealed handgun 1794 license that shall expire as described in division (D)(2)(a) of 1795 this section if311.41 all of the followingRevised apply:Code.
1785 (D)(1) Except as provided in division (D)(3) of this 1786 section, within forty-five days after a sheriff's receipt of an 1787 applicant's completed application form for a concealed handgun 1788 license under this section, the supporting documentation, and, 1789 if not waived, the license fee, the sheriff shall make available 1790 through the law enforcement automated data system in accordance 1791 with division (H) of this section the information described in 1792 that division and, upon making the information available through 1793 the system, shall issue to the applicant a concealed handgun 1794 license that shall expire as described in division (D)(2)(a) of 1795 this section if all of the following apply:
1812 (e) Except as otherwise provided in division (D)(4) or (5) 1813 of this section, the applicant has not been convicted of or 1814 pleaded guilty to a felony or an offense under Chapter 2925., 1815 Sub.
5 Page 62 As ReportedPassed by the House Judiciaryof Committeethis section, the applicant has not been convicted of or 1814 pleaded guilty to a felony or an offense under Chapter 2925., 1815 3719., or 4729.
and has not been 1840 adjudicated a delinquent child for committing an act that if 1841 committed by an adult would be a misdemeanor offense of violence 1842 other than a misdemeanor violation of section 2921.33 of the 1843 Revised Code or a violation of section 2903.13 of the Revised 1844 Code when the victim of the violation is a peace officer or for 1845 committing an act that if committed by an adult would be a 1846 Sub.
5 Page 63 As ReportedPassed by the House JudiciaryCode Committeewhen the victim of the violation is a peace officer or for 1845 committing an act that if committed by an adult would be a 1846 misdemeanor violation of section 2923.1211 of the Revised Code.
1872 (l) The applicant submits a competency certification of 1873 the type described in division (B)(3) of this section and 1874 submits a certification of the type described in division (B)(4) 1875 Sub.
5 Page 64 As ReportedPassed by the House Judiciarythe Committeetype described in division (B)(3) of this section and 1874 submits a certification of the type described in division (B)(4) 1875 of this section regarding the applicant's reading of the 1876 pamphlet prepared by the Ohio peace officer training commission 1877 pursuant to section 109.731 of the Revised Code.
1902 (2)(a) A concealed handgun license that a sheriff issues 1903 Sub.
5 Page 65 As ReportedPassed by the House Judiciary(2)(a) CommitteeA concealed handgun license that a sheriff issues 1903 under division (D)(1) of this section shall expire five years 1904 after the date of issuance.
If the court enters a judgment in favor of the 1931 applicant, that judgment shall not restrict the authority of a 1932 sheriff to suspend or revoke the license pursuant to section 1933 Sub.
5 Page 66 As ReportedPassed by the House Judiciarysheriff Committeeto suspend or revoke the license pursuant to section 1933 2923.128 or 2923.1213 of the Revised Code or to refuse to renew 1934 the license for any proper cause that may occur after the date 1935 the judgment is entered.
1962 (5) If an applicant has been convicted of or pleaded 1963 Sub.
5 Page 67 As ReportedPassed by the House Judiciary(5) CommitteeIf an applicant has been convicted of or pleaded 1963 guilty to a minor misdemeanor offense or has been adjudicated a 1964 delinquent child for committing an act or violation that is a 1965 minor misdemeanor offense, the sheriff with whom the application 1966 was submitted shall not consider the conviction, guilty plea, or 1967 adjudication in making a determination under division (D)(1) or 1968 (F) of this section or, in relation to an application for a 1969 concealed handgun license on a temporary basis submitted under 1970 section 2923.1213 of the Revised Code, in making a determination 1971 under division (B)(2) of that section.
1982 (F)(1)(a) Except as provided in division (F)(1)(b) of this 1983 section, a licensee who wishes to renew a concealed handgun 1984 license issued under this section may do so at any time before 1985 the expiration date of the license or at any time after the 1986 expiration date of the license by filing with the sheriff of the 1987 county in which the applicant resides or with the sheriff of an 1988 adjacent county, or in the case of an applicant who resides in 1989 another state with the sheriff of the county that issued the 1990 applicant's previous concealed handgun license an application 1991 for renewal of the license obtained pursuant to division (D) of 1992 this section, a certification by the applicant that, subsequent 1993 to the issuance of the license, the applicant has reread the 1994 Sub.
5 Page 68 As ReportedPassed by the House Judiciaryto Committeethe issuance of the license, the applicant has reread the 1994 pamphlet prepared by the Ohio peace officer training commission 1995 pursuant to section 109.731 of the Revised Code that reviews 1996 firearms, dispute resolution, and use of deadly force matters, 1997 and a nonrefundable license renewal fee in an amount determined 1998 pursuant to division (F)(4) of this section unless the fee is 1999 waived.
2022 (2) A sheriff shall accept a completed renewal 2023 application, the license renewal fee, and the information 2024 specified in division (F)(1) of this section at the times and in 2025 Sub.
5 Page 69 As ReportedPassed by the House Judiciaryspecified Committeein division (F)(1) of this section at the times and in 2025 the manners described in division (I) of this section.
A sheriff conducting the 2055 criminal records check and the incompetency records check 2056 Sub.
5 Page 70 As ReportedPassed by the House Judiciarycriminal Committeerecords check and the incompetency records check 2056 described in section 311.41 of the Revised Code shall conduct 2057 the check only from the date of the licensee's last application 2058 for a license pursuant to division (B) or (F) of this section 2059 through the date of the renewal application submitted pursuant 2060 to division (F) of this section.
2081 (G)(1) Each course, class, or program described in 2082 division (B)(3)(a), (b), (c), or (e) of this section shall 2083 provide to each person who takes the course, class, or program 2084 the web site address at which the pamphlet prepared by the Ohio 2085 Sub.
5 Page 71 As ReportedPassed by the House Judiciarythe Committeeweb site address at which the pamphlet prepared by the Ohio 2085 peace officer training commission pursuant to section 109.731 of 2086 the Revised Code that reviews firearms, dispute resolution, and 2087 use of deadly force matters may be found.
2111 (b) An in-person physical demonstration of competence in 2112 the use of a handgun and in the rules for safe handling and 2113 Sub.
5 Page 72 As ReportedPassed by the House Judiciarythe Committeeuse of a handgun and in the rules for safe handling and 2113 storage of a handgun and a physical demonstration of the 2114 attitude necessary to shoot a handgun in a safe manner.
If the training specified in division (G)(1)(a) of 2135 this section is provided to the person receiving the training by 2136 a course, class, or program described in division (B)(3)(a) of 2137 this section, or it is provided by a course, class, or program 2138 described in division (B)(3)(b), (c), or (e) of this section and 2139 the instructor is a qualified instructor certified by a national 2140 gun advocacy organization, the written section of the competency 2141 examination specified in division (G)(2)(a) of this section may 2142 be administered online, as long as the online training includes 2143 anSub. interactive component that regularly engages the person.
2144 Sub.
5 Page 73 As ReportedPassed by the House Judiciaryan Committeeinteractive (4)component The competency certification described in division (B) 2145 (3)(a), (b), (c), or (e) of this section shall be dated and 2146 shall attest that theregularly course,engages class, or program the applicantperson. 2147 successfully completed met the requirements described in 2148 division (G)(1) of this section and that the applicant passed 2149 the competency examination described in division (G)(2) of this 2150 section.
2144 (4) The competency certification described in division (B) 2145 (3)(a), (b), (c), or (e) of this section shall be dated and 2146 shall attest that the course, class, or program the applicant 2147 successfully completed met the requirements described in 2148 division (G)(1) of this section and that the applicant passed 2149 the competency examination described in division (G)(2) of this 2150 section.
2166 (I)(1) A sheriff shall accept a completed application form 2167 or renewal application, and the fee, items, materials, and 2168 information specified in divisions (B)(1) to (5) or division (F) 2169 of this section, whichever is applicable, and shall provide an 2170 application form or renewal application to any person during at 2171 least fifteen hours a week and shall provide the web site 2172 address at which a printable version of the application form 2173 that can be downloaded and the pamphlet described in division 2174 (B) of section 109.731 of the Revised Code may be found at any 2175 Sub.
5 Page 74 As ReportedPassed by the House Judiciarythat Committeecan be downloaded and the pamphlet described in division 2174 (B) of section 109.731 of the Revised Code may be found at any 2175 time, upon request.
2201 (2) The person is under indictment for or has been 2202 convicted of any felony offense of violence or has been 2203 adjudicated a delinquent child for the commission of an offense 2204 that, if committed by an adult, would have been a felony offense 2205 Sub.
5 Page 75 As ReportedPassed by the House Judiciaryadjudicated Committeea delinquent child for the commission of an offense 2204 that, if committed by an adult, would have been a felony offense 2205 of violence.
2229 (3) Except as otherwise provided in division (B)(5) of 2230 this section, a violation of division (A)(2) of this section is 2231 a felony of the third degree and there is a presumption that a 2232 prisonSub. term shall be imposed for the offense.
2233 (4) If the offender previously has been convicted of or 2234 Sub.
5 Page 76 As ReportedPassed by the House Judiciaryprison Committeeterm pleadedshall guiltybe toimposed afor violation of this section, a violation of 2235 division (A)(1), (3), (4), or (5) of this section is a felony of 2236 the thirdoffense. degree.
2233 (4) If the offender previously has been convicted of or 2234 pleaded guilty to a violation of this section, a violation of 2235 division (A)(1), (3), (4), or (5) of this section is a felony of 2236 the third degree.
2259 (iii) Any person who is prohibited from obtaining a 2260 concealed handgun license or a concealed handgun license on a 2261 temporarySub. emergency basis under division (D)(1)(e), (f), or (h) 2262 of section 2923.125 of the Revised Code;
2263 Sub.
5 Page 77 As ReportedPassed by the House Judiciarytemporary Committeeemergency (iv)basis Any person who is prohibited from carrying a 2264 concealed handgun as a qualifying adult under division (D)(1)(D)(1)(e), 2265 (e), (f), or (h) 2262 of section 2923.125 of the Revised Code.Code;
2263 (iv) Any person who is prohibited from carrying a 2264 concealed handgun as a qualifying adult under division (D)(1) 2265 (e), (f), or (h) of section 2923.125 of the Revised Code.
2282 (1) All indictments, convictions or guilty pleas, or 2283 adjudications upon which the applicant's disability is based, 2284 the sentence imposed and served, and any release granted under a 2285 community control sanction, post-release control sanction, or 2286 parole, any partial or conditional pardon granted, or other 2287 disposition of each case, or, if the disability is based upon a 2288 factor other than an indictment, a conviction or guilty plea, or 2289 an adjudication, the factor upon which the disability is based 2290 andSub. all details related to that factor;
2291 (2) Facts showing the applicant to be a fit subject for 2292 Sub.
5 Page 78 As ReportedPassed by the House Judiciaryand Committeeall reliefdetails underrelated thisto section.that factor;
2291 (2) Facts showing the applicant to be a fit subject for 2292 relief under this section.
2314 (F) Relief from disability granted pursuant to this 2315 section restores the applicant to all civil firearm rights to 2316 the full extent enjoyed by any citizen, and is subject to the 2317 followingSub. conditions:
2318 (1) Applies only with respect to indictments, convictions 2319 Sub.
5 Page 79 As ReportedPassed by the House Judiciaryfollowing Committeeconditions: or guilty pleas, or adjudications, or to the other factor, 2320 recited in the application as the basis for the applicant's 2321 disability;
2318 (1) Applies only with respect to indictments, convictions 2319 or guilty pleas, or adjudications, or to the other factor, 2320 recited in the application as the basis for the applicant's 2321 disability;
2340 (A)(1) "Alternative residential facility" means, subject 2341 to divisions (A)(2) and (3) of this section, any facility other 2342 than an offender's home or residence in which an offender is 2343 assigned to live and that satisfies all of the following 2344 criteria:Sub.
2345 (a) It provides programs through which the offender may 2346 Sub.
5 Page 80 As ReportedPassed by the House Judiciarycriteria: Committee seek or maintain employment or may receive education, training, 2347 treatment, or habilitation.
2345 (a) It provides programs through which the offender may 2346 seek or maintain employment or may receive education, training, 2347 treatment, or habilitation.
2372 (D) "Community-based correctional facility" means a 2373 community-based correctional facility and program or district 2374 community-based correctional facility and program developed 2375 Sub.
5 Page 81 As ReportedPassed by the House Judiciarycommunity-based Committeecorrectional facility and program or district 2374 community-based correctional facility and program developed 2375 pursuant to sections 2301.51 to 2301.58 of the Revised Code.
2401 (K) "Drug treatment program" means any program under which 2402 a person undergoes assessment and treatment designed to reduce 2403 or completely eliminate the person's physical or emotional 2404 Sub.
5 Page 82 As ReportedPassed by the House Judiciarya Committeeperson undergoes assessment and treatment designed to reduce 2403 or completely eliminate the person's physical or emotional 2404 reliance upon alcohol, another drug, or alcohol and another drug 2405 and under which the person may be required to receive assessment 2406 and treatment on an outpatient basis or may be required to 2407 reside at a facility other than the person's home or residence 2408 while undergoing assessment and treatment.
2430 (P) "House arrest" means a period of confinement of an 2431 offender that is in the offender's home or in other premises 2432 specified by the sentencing court or by the parole board 2433 Sub.
5 Page 83 As ReportedPassed by the House Judiciaryoffender Committeethat is in the offender's home or in other premises 2432 specified by the sentencing court or by the parole board 2433 pursuant to section 2967.28 of the Revised Code and during which 2434 all of the following apply:
2456 (R) "Jail" means a jail, workhouse, minimum security jail, 2457 or other residential facility used for the confinement of 2458 alleged or convicted offenders that is operated by a political 2459 subdivision or a combination of political subdivisions of this 2460 state.Sub.
2461 (S) "Jail term" means the term in a jail that a sentencing 2462 Sub.
5 Page 84 As ReportedPassed by the House Judiciarystate. Committee court imposes or is authorized to impose pursuant to section 2463 2929.24 or 2929.25 of the Revised Code or pursuant to any other 2464 provision of the Revised Code that authorizes a term in a jail 2465 for a misdemeanor conviction.
2461 (S) "Jail term" means the term in a jail that a sentencing 2462 court imposes or is authorized to impose pursuant to section 2463 2929.24 or 2929.25 of the Revised Code or pursuant to any other 2464 provision of the Revised Code that authorizes a term in a jail 2465 for a misdemeanor conviction.
2488 (W) "Major drug offender" means an offender who is 2489 convicted of or pleads guilty to the possession of, sale of, or 2490 offer to sell any drug, compound, mixture, preparation, or 2491 substance that consists of or contains at least one thousand 2492 Sub.
5 Page 85 As ReportedPassed by the House Judiciaryconvicted Committeeof or pleads guilty to the possession of, sale of, or 2490 offer to sell any drug, compound, mixture, preparation, or 2491 substance that consists of or contains at least one thousand 2492 grams of hashish;
2520 (2) The term of sixty or one hundred twenty days in prison 2521 that a sentencing court is required to impose for a third or 2522 Sub.
5 Page 86 As ReportedPassed by the House Judiciary(2) CommitteeThe term of sixty or one hundred twenty days in prison 2521 that a sentencing court is required to impose for a third or 2522 fourth degree felony OVI offense pursuant to division (G)(2) of 2523 section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 2524 of the Revised Code or the term of one, two, three, four, or 2525 five years in prison that a sentencing court is required to 2526 impose pursuant to division (G)(2) of section 2929.13 of the 2527 Revised Code.
2549 (b) A term in a prison shortened by, or with the approval 2550 of, the sentencing court pursuant to section 2929.143, 2929.20, 2551 Sub.
5 Page 87 As ReportedPassed by the House Judiciary(b) CommitteeA term in a prison shortened by, or with the approval 2550 of, the sentencing court pursuant to section 2929.143, 2929.20, 2551 5120.031, 5120.032, or 5120.073 of the Revised Code or shortened 2552 pursuant to section 2967.26 of the Revised Code.
2577 (DD)Sub. "Repeat violent offender" means a person about whom 2578 both of the following apply:
2579 Sub.
5 Page 88 As ReportedPassed by the House Judiciary(DD) Committee"Repeat (1)violent Theoffender" personmeans isa beingperson sentencedabout forwhom committing2578 orboth for 2580 complicity in committing any of the following:following apply:
2579 (1) The person is being sentenced for committing or for 2580 complicity in committing any of the following:
"Stated 2605 prison term" includes any credit received by the offender for 2606 time spent in jail awaiting trial, sentencing, or transfer to 2607 prison for the offense and any time spent under house arrest or 2608 Sub.
5 Page 89 As ReportedPassed by the House Judiciarytime Committeespent in jail awaiting trial, sentencing, or transfer to 2607 prison for the offense and any time spent under house arrest or 2608 house arrest with electronic monitoring imposed after earning 2609 credits pursuant to section 2967.193 or 2967.194 of the Revised 2610 Code.
2624 With respect to an offender sentenced to a non-life felony 2625 indefinite prison term, references in section 2967.191, 2626 2967.193, or 2967.194 of the Revised Code or any other provision 2627 of law to a reduction of, or deduction from, the offender's 2628 stated prison term or to release of the offender before the 2629 expiration of the offender's stated prison term mean a reduction 2630 in, or deduction from, the minimum term imposed as part of the 2631 indefinite term or a release of the offender before the 2632 expiration of that minimum term, references in section 2929.19 2633 or 2967.28 of the Revised Code to a stated prison term with 2634 respect to a prison term imposed for a violation of a post- 2635 release control sanction mean the minimum term so imposed, and 2636 references in any provision of law to an offender's service of 2637 the offender's stated prison term or the expiration of the 2638 offender's stated prison term mean service or expiration of the 2639 Sub.
5 Page 90 As ReportedPassed by the House Judiciarythe Committeeoffender's stated prison term or the expiration of the 2638 offender's stated prison term mean service or expiration of the 2639 minimum term so imposed plus any additional period of 2640 incarceration under the sentence that is required under section 2641 2967.271 of the Revised Code.
2665 (KK) (LL) "Sexually oriented offense," "child-victim 2666 oriented offense," and "tier III sex offender/child-victim 2667 offender" have the same meanings as in section 2950.01 of the 2668 Sub.
5 Page 91 As ReportedPassed by the House Judiciaryoriented Committeeoffense," and "tier III sex offender/child-victim 2667 offender" have the same meanings as in section 2950.01 of the 2668 Revised Code.
2693 (TT) (UU) "Electronic monitoring" means monitoring through 2694 theSub. use of an electronic monitoring device.
2695 Sub.
5 Page 92 As ReportedPassed by the House Judiciarythe Committeeuse (UU)of (VV)an "Electronicelectronic monitoring device"device. means any of the 2696 following:
2695 (UU) (VV) "Electronic monitoring device" means any of the 2696 following:
The device is designed specifically for 2723 use in electronic monitoring, is not a converted wireless phone 2724 or another tracking device that is clearly not designed for 2725 Sub.
5 Page 93 As ReportedPassed by the House Judiciaryor Committeeanother tracking device that is clearly not designed for 2725 electronic monitoring, and provides a means of text-based or 2726 voice communication with the person.
2750 (3) Any type of technology that can adequately track or 2751 determine the location of a subject person at any time and that 2752 is approved by the director of rehabilitation and correction, 2753 including, but not limited to, any satellite technology, voice 2754 Sub.
5 Page 94 As ReportedPassed by the House Judiciaryincluding, Committeebut not limited to, any satellite technology, voice 2754 tracking system, or retinal scanning system that is so approved.
2780 (ZZ) (AAA) An offense is "committed in proximity to a 2781 school" if the offender commits the offense in a school safety 2782 zone or within five hundred feet of any school building or the 2783 Sub.
5 Page 95 As ReportedPassed by the House Judiciaryzone Committeeor within five hundred feet of any school building or the 2783 boundaries of any school premises, regardless of whether the 2784 offender knows the offense is being committed in a school safety 2785 zone or within five hundred feet of any school building or the 2786 boundaries of any school premises.
2805 (a) Each of the felony offenses is a violation of section 2806 2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, 2807 division (A)(1) or (2) of section 2907.323, or division (B)(1), 2808 (2), (3), (4), or (5) of section 2919.22 of the Revised Code or 2809 is a violation of a law of any state other than this state that 2810 is substantially similar to any of the sections or divisions of 2811 theSub. Revised Code identified in this division.
2812 Sub.
5 Page 96 As ReportedPassed by the House Judiciary Committee (b) At least one of the felonyRevised offensesCode wasidentified committed in 2813 this state.division.
2812 (b) At least one of the felony offenses was committed in 2813 this state.
2840 (GGG) (HHH) "Non-life felony indefinite prison term" means 2841 Sub.
5 Page 97 As ReportedPassed by the House Judiciary(GGG) Committee(HHH) "Non-life felony indefinite prison term" means 2841 a prison term imposed under division (A)(1)(a) or (2)(a) of 2842 section 2929.14 and section 2929.144 of the Revised Code for a 2843 felony of the first or second degree committed on or after March 2844 22, 2019.
2865 If the offender is being sentenced for a fourth degree 2866 felony OVI offense or for a third degree felony OVI offense, in 2867 addition to the mandatory term of local incarceration or the 2868 mandatory prison term required for the offense by division (G) 2869 (1) or (2) of this section, the court shall impose upon the 2870 offender a mandatory fine in accordance with division (B)(3) of 2871 Sub.
5 Page 98 As ReportedPassed by the House Judiciaryoffender Committeea mandatory fine in accordance with division (B)(3) of 2871 section 2929.18 of the Revised Code and may impose whichever of 2872 the following is applicable:
2899 (iii) The offender previously has not been convicted of or 2900 Sub.
5 Page 99 As ReportedPassed by the House Judiciary(iii) CommitteeThe offender previously has not been convicted of or 2900 pleaded guilty to a misdemeanor offense of violence that the 2901 offender committed within two years prior to the offense for 2902 which sentence is being imposed.
5 Page 100 As ReportedPassed by the House Judiciary Committee (vii) The offender held a public office or position of 2929 trust, and the offense related to that office or position;
5 Page 101 As ReportedPassed by the House Judiciary Committee as a sanction for a felony of the third degree or a felony drug 2958 offense that is a violation of a provision of Chapter 2925.
5 Page 102 As ReportedPassed by the House Judiciary Committee Chapter 2925., 3719., or 4729.
5 Page 103 As ReportedPassed by the House Judiciary Committee to a felony violates the conditions of a community control 3019 sanction imposed for the offense solely by reason of producing 3020 positive results on a drug test, the court, as punishment for 3021 the violation of the sanction, shall not order that the offender 3022 be imprisoned unless the court determines on the record either 3023 of the following:
5 Page 104 As ReportedPassed by the House Judiciary Committee the court shall impose a prison term or terms under sections 3049 2929.02 to 2929.06, section 2929.14, section 2929.142, or 3050 section 2971.03 of the Revised Code and except as specifically 3051 provided in section 2929.20, or section 2967.191 of the Revised 3052 Code or when parole is authorized for the offense under section 3053 2967.13 of the Revised Code shall not reduce the term or terms 3054 pursuant to section 2929.20, division (A)(2) or (3) of section 3055 2967.193 or 2967.194, or any other provision of Chapter 2967.
5 Page 105 As ReportedPassed by the House Judiciary Committee (c) Regarding sexual battery, either of the following 3078 applies:
5 Page 106 As ReportedPassed by the House Judiciary Committee physical harm to a person or that resulted in serious physical 3107 harm to a person if the offender previously was convicted of or 3108 pleaded guilty to any of the following offenses:
5 Page 107 As ReportedPassed by the House Judiciary Committee (11) Any violent sex offense or designated homicide, 3136 assault, or kidnapping offense if, in relation to that offense, 3137 the offender is adjudicated a sexually violent predator;
5 Page 108 As ReportedPassed by the House Judiciary Committee activity, a violation of division (A)(1) or (2) of section 3165 2907.323 of the Revised Code that involves a minor, or 3166 endangering children in violation of division (B)(1), (2), (3), 3167 (4), or (5) of section 2919.22 of the Revised Code, if the 3168 offender is convicted of or pleads guilty to a specification as 3169 described in section 2941.1422 of the Revised Code that was 3170 included in the indictment, count in the indictment, or 3171 information charging the offense;
5 Page 109 As ReportedPassed by the House Judiciary Committee (20) Any violation of division (A)(1) of section 2903.11 3194 of the Revised Code if the offender used an accelerant in 3195 committing the violation and the serious physical harm to 3196 another or another's unborn caused by the violation resulted in 3197 a permanent, serious disfigurement or permanent, substantial 3198 incapacity or any violation of division (A)(2) of that section 3199 if the offender used an accelerant in committing the violation, 3200 the violation caused physical harm to another or another's 3201 unborn, and the physical harm resulted in a permanent, serious 3202 disfigurement or permanent, substantial incapacity, with respect 3203 to a portion of the sentence imposed pursuant to division (B)(9) 3204 of section 2929.14 of the Revised Code.
5 Page 110 As ReportedPassed by the House Judiciary Committee (G) Notwithstanding divisions (A) to (E) of this section, 3225 if an offender is being sentenced for a fourth degree felony OVI 3226 offense or for a third degree felony OVI offense, the court 3227 shall impose upon the offender a mandatory term of local 3228 incarceration or a mandatory prison term in accordance with the 3229 following:
5 Page 111 As ReportedPassed by the House Judiciary Committee the offender also is convicted of or also pleads guilty to a 3256 specification of the type described in section 2941.1413 of the 3257 Revised Code or shall impose upon the offender a mandatory 3258 prison term of sixty days or one hundred twenty days as 3259 specified in division (G)(1)(d) or (e) of section 4511.19 of the 3260 Revised Code if the offender has not been convicted of and has 3261 not pleaded guilty to a specification of that type.
5 Page 112 As ReportedPassed by the House Judiciary Committee initial intensive program prison pursuant to section 5120.033 of 3288 the Revised Code that is privately operated and managed by a 3289 contractor pursuant to a contract entered into under section 3290 9.06 of the Revised Code, both of the following apply:
5 Page 113 As ReportedPassed by the House Judiciary Committee specified in that section, or, if required under division (A)(6) 3318 of section 2950.03 of the Revised Code, the judge shall perform 3319 the duties specified in that division.
5 Page 114 As ReportedPassed by the House Judiciary Committee (4) "Qualifying assault offense" means a violation of 3347 section 2903.13 of the Revised Code for which the penalty 3348 provision in division (C)(8)(b) or (C)(9)(b) of that section 3349 applies.
5 Page 115 As ReportedPassed by the House Judiciary Committee different minimum term or penalty for the offense, the specific 3377 language of that section shall control in determining the 3378 minimum term or otherwise sentencing the offender but the 3379 minimum term or sentence imposed under that specific language 3380 shall be considered for purposes of the Revised Code as if it 3381 had been imposed under this division.
5 Page 116 As ReportedPassed by the House Judiciary Committee the Revised Code if the offender previously has been convicted 3407 of or pleaded guilty to a violation of division (A) of that 3408 section that was a felony, that is a violation of section 3409 2911.02 or 2911.12 of the Revised Code if the offender 3410 previously has been convicted of or pleaded guilty in two or 3411 more separate proceedings to two or more violations of section 3412 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code, or 3413 that is a violation of division (B) of section 2921.331 of the 3414 Revised Code if division (C)(5) of that section applies, the 3415 prison term shall be a definite term of twelve, eighteen, 3416 twenty-four, thirty, thirty-six, forty-two, forty-eight, fifty- 3417 four, or sixty months.
5 Page 117 As ReportedPassed by the House Judiciary Committee (i) A prison term of six years if the specification is of 3437 the type described in division (A) of section 2941.144 of the 3438 Revised Code that charges the offender with having a firearm 3439 that is an automatic firearm or that was equipped with a firearm 3440 muffler or suppressor on or about the offender's person or under 3441 the offender's control while committing the offense;
5 Page 118 As ReportedPassed by the House Judiciary Committee section 2941.145 of the Revised Code that charges the offender 3467 with having a firearm on or about the offender's person or under 3468 the offender's control while committing the offense and 3469 displaying the firearm, brandishing the firearm, indicating that 3470 the offender possessed the firearm, or using the firearm to 3471 facilitate the offense and that the offender previously has been 3472 convicted of or pleaded guilty to a specification of the type 3473 described in section 2941.141, 2941.144, 2941.145, 2941.146, or 3474 2941.1412, or 2941.1429 of the Revised Code;
5 Page 119 As ReportedPassed by the House Judiciary Committee offense;
5 Page 120 As ReportedPassed by the House Judiciary Committee with committing the offense by discharging a firearm from a 3527 motor vehicle other than a manufactured home, the court, after 3528 imposing a prison term on the offender for the violation of 3529 section 2923.161 of the Revised Code or for the other felony 3530 offense under division (A), (B)(2), or (B)(3) of this section, 3531 shall impose an additional prison term of five seven years upon 3532 the offender that shall not be reduced pursuant to section 3533 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 3534 or any other provision of Chapter 2967.
5 Page 121 As ReportedPassed by the House Judiciary Committee (iii) A court shall not impose more than one additional 3558 prison term on an offender under division (B)(1)(c) of this 3559 section for felonies committed as part of the same act or 3560 transaction.
5 Page 122 As ReportedPassed by the House Judiciary Committee the prison terms described in division (B)(1)(a) or (b) of this 3589 section upon an offender for a violation of section 2923.122 3590 that involves a deadly weapon that is a firearm other than a 3591 dangerous ordnance, section 2923.16, or section 2923.121 of the 3592 Revised Code.
5 Page 123 As ReportedPassed by the House Judiciary Committee Code.
5 Page 124 As ReportedPassed by the House Judiciary Committee discretion, also may impose on the offender the prison term 3650 specified under that division for any or all of the remaining 3651 specifications.
5 Page 125 As ReportedPassed by the House Judiciary Committee specification of the type described in section 2941.149 of the 3680 Revised Code that the offender is a repeat violent offender.
5 Page 126 As ReportedPassed by the House Judiciary Committee under section 2929.12 of the Revised Code indicating that the 3710 offender's conduct is more serious than conduct normally 3711 constituting the offense are present, and they outweigh the 3712 applicable factors under that section indicating that the 3713 offender's conduct is less serious than conduct normally 3714 constituting the offense.
5 Page 127 As ReportedPassed by the House Judiciary Committee terrorism and the court does not impose a sentence of life 3740 imprisonment without parole, any felony of the first degree that 3741 is an offense of violence and the court does not impose a 3742 sentence of life imprisonment without parole, or any felony of 3743 the second degree that is an offense of violence and the trier 3744 of fact finds that the offense involved an attempt to cause or a 3745 threat to cause serious physical harm to a person or resulted in 3746 serious physical harm to a person.
5 Page 128 As ReportedPassed by the House Judiciary Committee offender as a major drug offender, if the offender commits a 3770 felony violation of section 2925.02, 2925.04, 2925.05, 2925.36, 3771 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, 3772 division (C) or (D) of section 3719.172, division (E) of section 3773 4729.51, or division (J) of section 4729.54 of the Revised Code 3774 that includes the sale, offer to sell, or possession of a 3775 schedule I or II controlled substance, with the exception of 3776 marihuana, and the court imposing sentence upon the offender 3777 finds that the offender is guilty of a specification of the type 3778 described in division (A) of section 2941.1410 of the Revised 3779 Code charging that the offender is a major drug offender, if the 3780 court imposing sentence upon an offender for a felony finds that 3781 the offender is guilty of corrupt activity with the most serious 3782 offense in the pattern of corrupt activity being a felony of the 3783 first degree, or if the offender is guilty of an attempted 3784 violation of section 2907.02 of the Revised Code and, had the 3785 offender completed the violation of section 2907.02 of the 3786 Revised Code that was attempted, the offender would have been 3787 subject to a sentence of life imprisonment or life imprisonment 3788 without parole for the violation of section 2907.02 of the 3789 Revised Code, the court shall impose upon the offender for the 3790 felony violation a mandatory prison term determined as described 3791 in this division that cannot be reduced pursuant to section 3792 2929.20, division (A)(2) or (3) of section 2967.193 or 2967.194, 3793 or any other provision of Chapter 2967.
5 Page 129 As ReportedPassed by the House Judiciary Committee (4) If the offender is being sentenced for a third or 3801 fourth degree felony OVI offense under division (G)(2) of 3802 section 2929.13 of the Revised Code, the sentencing court shall 3803 impose upon the offender a mandatory prison term in accordance 3804 with that division.
5 Page 130 As ReportedPassed by the House Judiciary Committee If the offender is being sentenced for a fourth degree 3833 felony OVI offense under division (G)(1) of section 2929.13 of 3834 the Revised Code and the court imposes a mandatory term of local 3835 incarceration, the court may impose a prison term as described 3836 in division (A)(1) of that section.
5 Page 131 As ReportedPassed by the House Judiciary Committee Revised Code, or three or more violations of any combination of 3864 those offenses, the court shall impose on the offender a prison 3865 term of three years.
5 Page 132 As ReportedPassed by the House Judiciary Committee offense is a felony of the second degree committed on or after 3894 March 22, 2019, the court shall impose as the minimum prison 3895 term a mandatory term of not less than three years and not 3896 greater than eight years;
5 Page 133 As ReportedPassed by the House Judiciary Committee prison term under division (A)(1)(a) or (2)(a) of this section a 3924 mandatory term that is one of the terms prescribed in that 3925 division, whichever is applicable, for the offense.
5 Page 134 As ReportedPassed by the House Judiciary Committee same act.
5 Page 135 As ReportedPassed by the House Judiciary Committee mixture, preparation, or substance containing a fentanyl-related 3984 compound, and if the offender also is convicted of or pleads 3985 guilty to a specification of the type described in division (B) 3986 of section 2941.1410 of the Revised Code that charges that the 3987 offender is a major drug offender, in addition to any other 3988 penalty imposed for the violation, the court shall impose on the 3989 offender a mandatory prison term of three, four, five, six, 3990 seven, or eight years.
5 Page 136 As ReportedPassed by the House Judiciary Committee consecutively to any other mandatory prison term imposed under 4015 either division or under division (B)(1)(d) of this section, 4016 consecutively to and prior to any prison term imposed for the 4017 underlying felony pursuant to division (A), (B)(2), or (B)(3) of 4018 this section or any other section of the Revised Code, and 4019 consecutively to any other prison term or mandatory prison term 4020 previously or subsequently imposed upon the offender.
5 Page 137 As ReportedPassed by the House Judiciary Committee or under any other provision of law and consecutively to any 4045 other prison term or mandatory prison term previously or 4046 subsequently imposed upon the offender.
5 Page 138 As ReportedPassed by the House Judiciary Committee the stolen property is a firearm or dangerous ordnance, or a 4075 felony violation of division (B) of section 2921.331 of the 4076 Revised Code, the offender shall serve that prison term 4077 consecutively to any other prison term or mandatory prison term 4078 previously or subsequently imposed upon the offender.
5 Page 139 As ReportedPassed by the House Judiciary Committee pursuant to division (B)(5) or (6) of this section, the offender 4104 shall serve the mandatory prison term consecutively to and prior 4105 to any prison term imposed for the underlying violation of 4106 division (A)(1) or (2) of section 2903.06 of the Revised Code 4107 pursuant to division (A) of this section or section 2929.142 of 4108 the Revised Code.
5 Page 140 As ReportedPassed by the House Judiciary Committee concurrently with, or consecutively to, the prison term imposed 4135 pursuant to division (B)(10) of this section.
5 Page 141 As ReportedPassed by the House Judiciary Committee (D)(1) If a court imposes a prison term, other than a term 4165 of life imprisonment, for a felony of the first degree, for a 4166 felony of the second degree, for a felony sex offense, or for a 4167 felony of the third degree that is an offense of violence and 4168 that is not a felony sex offense, it shall include in the 4169 sentence a requirement that the offender be subject to a period 4170 of post-release control after the offender's release from 4171 imprisonment, in accordance with section 2967.28 of the Revised 4172 Code.
5 Page 142 As ReportedPassed by the House Judiciary Committee (E) The court shall impose sentence upon the offender in 4196 accordance with section 2971.03 of the Revised Code, and Chapter 4197 2971.
5 Page 143 As ReportedPassed by the House Judiciary Committee division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), 4225 (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1) 4226 (a)(iv) of section 2929.03, or division (A) or (B) of section 4227 2929.06 of the Revised Code requires the court to sentence the 4228 offender pursuant to division (B)(3) of section 2971.03 of the 4229 Revised Code.
5 Page 144 As ReportedPassed by the House Judiciary Committee section 2941.143 of the Revised Code that charges the offender 4255 with having committed the offense in a school safety zone or 4256 towards a person in a school safety zone, the court shall impose 4257 upon the offender an additional prison term of two years.
5 Page 145 As ReportedPassed by the House Judiciary Committee duration of an additional prison term that the court could have 4285 imposed upon the offender under division (H)(2)(a) of this 4286 section.
5 Page 146 As ReportedPassed by the House Judiciary Committee rehabilitation and correction shall not place the offender in 4316 any program of shock incarceration or intensive program prison.
5 Page 147 As ReportedPassed by the House Judiciary Committee aggravated vehicular homicide in violation of division (A)(1) of 4346 section 2903.06 of the Revised Code and division (B)(2)(c) of 4347 that section applies, the person shall be sentenced pursuant to 4348 section 2929.142 of the Revised Code.
5 Page 148 As ReportedPassed by the House Judiciary Committee under this chapter for a felony offense that was committed when 4376 the offender was under eighteen years of age, the offender's 4377 parole eligibility shall be determined under section 2967.132 of 4378 the Revised Code.
5 Page 149 As ReportedPassed by the House Judiciary Committee (3)(a) As used in divisions (B)(3)(a) to (d) of this 4405 section, "voluntary county" means any county in which the board 4406 of county commissioners of the county and the administrative 4407 judge of the general division of the court of common pleas of 4408 the county enter into an agreement of the type described in 4409 division (B)(3)(b) of this section and in which the agreement 4410 has not been terminated as described in that division.
5 Page 150 As ReportedPassed by the House Judiciary Committee voluntary county.
5 Page 151 As ReportedPassed by the House Judiciary Committee Revised Code, a sex offense under Chapter 2907.
5 Page 152 As ReportedPassed by the House Judiciary Committee referral, or sentencing of a person who is convicted of or 4493 pleads guilty to a felony to a community-based correctional 4494 facility.
5 Page 153 As ReportedPassed by the House Judiciary Committee attorney's, if applicable, discretion.
5 Page 154 As ReportedPassed by the House Judiciary Committee committing the offense.
5 Page 155 As ReportedPassed by the House Judiciary Committee 2941.1412, or 2941.1429 of the Revised Code.
5 Page 156 As ReportedPassed by the House Judiciary Committee offender's control while committing the offense.
5 Page 157 As ReportedPassed by the House Judiciary Committee while committing the offense and that the offender previously 4644 has been convicted of or pleaded guilty to a firearm 4645 specification of the type described in section 2941.141, 4646 2941.144, 2941.145, 2941.146, or 2941.1412, or 2941.1429 of the 4647 Revised Code.
5 Page 158 As ReportedPassed by the House Judiciary Committee prison term upon an offender under division (B)(1)(a)(ii) of 4674 section 2929.14 of the Revised Code is precluded unless the 4675 indictment, count in the indictment, or information charging the 4676 offense specifies that the offender had a firearm on or about 4677 the offender's person or under the offender's control while 4678 committing the offense and displayed the firearm, brandished the 4679 firearm, indicated that the offender possessed the firearm, or 4680 used it to facilitate the offense.
5 Page 159 As ReportedPassed by the House Judiciary Committee Revised Code.
5 Page 160 As ReportedPassed by the House Judiciary Committee of section 2929.14 of the Revised Code is precluded if the court 4734 imposes a one-year, eighteen-month, three-year, five-year, six- 4735 year, nine-year, ten-year, or nine-year fifteen-year mandatory 4736 prison term on the offender under division (B)(1)(a)(i), (ii), 4737 (iii), (iv), or (vi), (vii), (viii), or (ix) of that section 4738 relative to the same felony.
5 Page 161 As ReportedPassed by the House Judiciary Committee by discharging a firearm from a motor vehicle other than a 4764 manufactured home)." 4765 (B) The specification described in division (A) of this 4766 section may be used in a delinquent child proceeding in the 4767 manner and for the purpose described in section 2152.17 of the 4768 Revised Code.
5 Page 162 As ReportedPassed by the House Judiciary Committee the death of or physical harm to another and that was committed 4794 by discharging a firearm from a motor vehicle other than a 4795 manufactured home and that the offender previously has been 4796 convicted of or pleaded guilty to a firearm specification of the 4797 type described in section 2941.141, 2941.144, 2941.145, 4798 2941.146, or 2941.1412, or 2941.1429 of the Revised Code)." 4799 (D) As used in this section:
5 Page 163 As ReportedPassed by the House Judiciary Committee to use a certified copy of the entry of judgment of a prior 4823 conviction as proof of that prior conviction.
5 Page 164 As ReportedPassed by the House Judiciary Committee committing the offense.)" 4853 (B) Imposition of a five-year mandatory prison term upon 4854 an offender under division (B)(1)(a)(vii) of section 2929.14 of 4855 the Revised Code is precluded if the court imposes a one-year, 4856 eighteen-month, three-year, five-year, six-year, nine-year, ten- 4857 year, or fifteen-year mandatory prison term on the offender 4858 under division (B)(1)(a)(i), (ii), (iii), (iv), (v), (vi), 4859 (viii), or (ix) of that section relative to the same felony.
5 Page 165 As ReportedPassed by the House Judiciary Committee attorney's name when appropriate) further find and specify that 4882 (set forth that the offender had a firearm that is an automatic 4883 firearm or that was equipped with a firearm muffler or 4884 suppressor on or about the offender's person or under the 4885 offender's control while committing the offense and displayed 4886 the firearm, brandished the firearm, indicated that the offender 4887 possessed the firearm, or used it to facilitate the offense)." 4888 (B) Imposition of a ten-year mandatory prison term upon an 4889 offender under division (B)(1)(a)(viii) of section 2929.14 of 4890 the Revised Code is precluded if a court imposes a one-year, 4891 eighteen-month, three-year, five-year, six-year, nine-year, or 4892 fifteen-year mandatory prison term on the offender under 4893 division (B)(1)(a)(i), (ii), (iii), (iv), (v), (vi), (vii), or 4894 (ix) of that section relative to the same felony.
5 Page 166 As ReportedPassed by the House Judiciary Committee 2941.144, 2941.145, 2941.146, 2941.1412, or 2941.1429 of the 4912 Revised Code.
5 Page 167 As ReportedPassed by the House Judiciary Committee of the Revised Code, and the court has reason to believe that 4942 drug or alcohol usage by the offender was a factor leading to 4943 the criminal offense with which the offender is charged or that, 4944 at the time of committing that offense, the offender had a 4945 mental illness, was a person with an intellectual disability, or 4946 was a victim of a violation of section 2905.32 or 2907.21 of the 4947 Revised Code and that the mental illness, status as a person 4948 with an intellectual disability, or fact that the offender was a 4949 victim of a violation of section 2905.32 or 2907.21 of the 4950 Revised Code was a factor leading to the offender's criminal 4951 behavior, the court may accept, prior to the entry of a guilty 4952 plea, the offender's request for intervention in lieu of 4953 conviction.
5 Page 168 As ReportedPassed by the House Judiciary Committee elects to consider an offender's request or the offender alleges 4974 that drug or alcohol usage by the offender was a factor leading 4975 to the criminal offense with which the offender is charged, the 4976 court shall conduct a hearing to determine whether the offender 4977 is eligible under this section for intervention in lieu of 4978 conviction and shall stay all criminal proceedings pending the 4979 outcome of the hearing.
5 Page 169 As ReportedPassed by the House Judiciary Committee third degree, is not an offense of violence, is not a felony sex 5003 offense, is not a violation of division (A)(1) or (2) of section 5004 2903.06 of the Revised Code, is not a violation of division (A) 5005 (1) of section 2903.08 of the Revised Code, is not a violation 5006 of division (A) of section 4511.19 of the Revised Code or a 5007 municipal ordinance that is substantially similar to that 5008 division, and is not an offense for which a sentencing court is 5009 required to impose a mandatory prison term.
5 Page 170 As ReportedPassed by the House Judiciary Committee disability, or was a victim of a violation of section 2905.32 or 5033 2907.21 of the Revised Code and that the mental illness, status 5034 as a person with an intellectual disability, or fact that the 5035 offender was a victim of a violation of section 2905.32 or 5036 2907.21 of the Revised Code was a factor leading to that 5037 offense, the offender has been assessed by a psychiatrist, 5038 psychologist, independent social worker, licensed professional 5039 clinical counselor, or independent marriage and family therapist 5040 for the purpose of determining the offender's program 5041 eligibility for intervention in lieu of conviction and 5042 recommending an appropriate intervention plan.
5 Page 171 As ReportedPassed by the House Judiciary Committee (10) The offender is not charged with an offense that 5063 would result in the offender being disqualified under Chapter 5064 4506.
5 Page 172 As ReportedPassed by the House Judiciary Committee the offender shall proceed as if the offender's request for 5093 intervention in lieu of conviction had not been made.
5 Page 173 As ReportedPassed by the House Judiciary Committee intervention in lieu of conviction and the court finds that the 5122 offender has successfully completed the intervention plan for 5123 the offender, including the requirement that the offender 5124 abstain from using illegal drugs and alcohol for a period of at 5125 least one year, but not more than five years, from the date on 5126 which the court granted the order of intervention in lieu of 5127 conviction, the requirement that the offender participate in 5128 treatment and recovery support services, and all other terms and 5129 conditions ordered by the court, the court shall dismiss the 5130 proceedings against the offender.
5 Page 174 As ReportedPassed by the House Judiciary Committee of guilty and impose an appropriate sanction under Chapter 2929.
5 Page 175 As ReportedPassed by the House Judiciary Committee Sec.
5 Page 176 As ReportedPassed by the House Judiciary Committee division of parole and community services of the department of 5209 rehabilitation and correction.
5 Page 177 As ReportedPassed by the House Judiciary Committee any county in which any conviction or plea of guilty from which 5238 the individual seeks relief was entered or with the designee of 5239 the deputy director of the division of parole and community 5240 services.
5 Page 178 As ReportedPassed by the House Judiciary Committee incarceration in a local correctional facility that was imposed 5268 for that offense and all periods of supervision imposed after 5269 release from the period of incarceration or, if the individual 5270 was not incarcerated for that offense, at any time after the 5271 expiration of six months from the date of the final release of 5272 the individual from all sanctions imposed for that offense 5273 including any period of supervision.
5 Page 179 As ReportedPassed by the House Judiciary Committee state in which the individual was convicted of or pleaded guilty 5298 to an offense other than the offense from which the individual 5299 is seeking relief.
5 Page 180 As ReportedPassed by the House Judiciary Committee division (B)(3) of this section, for an applicant who presents a 5328 poverty affidavit showing that the applicant is indigent.
5 Page 181 As ReportedPassed by the House Judiciary Committee qualification for employment filed by an individual under 5359 division (B)(2) of this section or being forwarded a petition 5360 for such a certificate under division (B)(5)(a) of this section, 5361 except as otherwise provided in this division, the court shall 5362 decide whether to issue the certificate within sixty days after 5363 the court receives or is forwarded the completed petition and 5364 all information requested for the court to make that decision.
5 Page 182 As ReportedPassed by the House Judiciary Committee certificate of qualification for employment if the court that 5388 receives the individual's petition under division (B)(2) of this 5389 section or that is forwarded a petition under division (B)(5)(a) 5390 of this section finds all of the following:
5 Page 183 As ReportedPassed by the House Judiciary Committee denied only if the court that receives the petition finds that 5418 the evidence reviewed under division (C)(1) of this section 5419 rebuts the presumption of eligibility for issuance by 5420 establishing, by clear and convincing evidence, that the 5421 applicant has not been rehabilitated.
5 Page 184 As ReportedPassed by the House Judiciary Committee 2919.124 of the Revised Code;
5 Page 185 As ReportedPassed by the House Judiciary Committee the court of appeals only if the individual alleges that the 5476 denial was an abuse of discretion on the part of the court of 5477 common pleas.
5 Page 186 As ReportedPassed by the House Judiciary Committee unfit for the license or certification, in question.
5 Page 187 As ReportedPassed by the House Judiciary Committee (7) A summary of the individual's employment history, 5534 specifying the name of, and dates of employment with, each 5535 employer;
5 Page 188 As ReportedPassed by the House Judiciary Committee demonstrates dangerousness or is convicted of or pleads guilty 5563 to a felony, and if the employer retains the individual as an 5564 employee after the demonstration of dangerousness or the 5565 conviction or guilty plea, the employer may be held liable in a 5566 civil action that is based on or relates to the retention of the 5567 individual as an employee only if it is proved by a 5568 preponderance of the evidence that the person having hiring and 5569 firing responsibility for the employer had actual knowledge that 5570 the employee was dangerous or had been convicted of or pleaded 5571 guilty to the felony and was willful in retaining the individual 5572 as an employee after the demonstration of dangerousness or the 5573 conviction or guilty plea of which the person has actual 5574 knowledge.
5 Page 189 As ReportedPassed by the House Judiciary Committee a certificate of qualification for employment to an individual 5594 under division (B) of this section does not give rise to a claim 5595 for damages against the department of rehabilitation and 5596 correction or court.
5 Page 190 As ReportedPassed by the House Judiciary Committee imprisonment, probation, parole, supervised release, forfeiture, 5623 restitution, fine, assessment, or costs of prosecution.
5 Page 191 As ReportedPassed by the House Judiciary Committee be made on a copy of the form prescribed by the division of 5651 parole and community services under division (I) of this 5652 section, shall contain all of the information described in 5653 division (E) of this section, and, except as provided in 5654 division (B)(5) of this section, shall be accompanied by an 5655 application fee of fifty dollars.
5 Page 192 As ReportedPassed by the House Judiciary Committee certificate of qualification for housing from an individual 5681 shall attempt to determine all other courts in this state in 5682 which the individual was convicted of or pleaded guilty to an 5683 offense other than the offense from which the individual is 5684 seeking relief.
5 Page 193 As ReportedPassed by the House Judiciary Committee under section 2953.32 or 2953.321 of the Revised Code, all 5711 filings submitted by the prosecutor or by the victim in 5712 accordance with rules adopted by the division of parole and 5713 community services, the applicant's military service record, if 5714 applicable, and whether the applicant has an emotional, mental, 5715 or physical condition that is traceable to the applicant's 5716 military service in the armed forces of the United States and 5717 that was a contributing factor in the commission of the offense 5718 or offenses, and all other relevant evidence.
5 Page 194 As ReportedPassed by the House Judiciary Committee (a) Granting the petition will materially assist the 5742 individual in obtaining housing.
5 Page 195 As ReportedPassed by the House Judiciary Committee release of the individual from any period of incarceration in a 5771 local correctional facility that was imposed for that offense 5772 and all periods of supervision imposed after release from the 5773 period of incarceration or, if the individual was not 5774 incarcerated for that offense, at least one year has elapsed 5775 since the date of the final release of the individual from all 5776 sanctions imposed for that offense including any period of 5777 supervision.
5 Page 196 As ReportedPassed by the House Judiciary Committee (D)(1) A certificate of qualification for housing issued 5801 to an individual under this section or section 2961.25 of the 5802 Revised Code lifts the automatic bar of a collateral sanction 5803 for housing and a decision-maker shall consider on a case-by- 5804 case basis whether to provide or deny housing, notwithstanding 5805 the individual's possession of the certificate, without, 5806 however, reconsidering or rejecting any finding made by a court 5807 under division (C)(3) of this section.
5 Page 197 As ReportedPassed by the House Judiciary Committee city, county, state, and zip code of the residence;
5 Page 198 As ReportedPassed by the House Judiciary Committee section 2961.25 of the Revised Code may be introduced as 5858 evidence of a decision-maker's due care in leasing to the 5859 individual to whom the certificate of qualification for housing 5860 was issued if the decision-maker knew of the certificate at the 5861 time of the alleged negligence or other fault.
5 Page 199 As ReportedPassed by the House Judiciary Committee (G) A certificate of qualification for housing issued 5888 under this section or section 2961.25 of the Revised Code shall 5889 be revoked if the individual to whom the certificate of 5890 qualification for housing was issued is convicted of or pleads 5891 guilty to a felony or a misdemeanor offense of violence 5892 committed subsequent to the issuance of the certificate of 5893 qualification for housing.
5 Page 200 As ReportedPassed by the House Judiciary Committee (2)(B) "Bail forfeiture" means the forfeiture of bail by a 5917 defendant who is arrested for the commission of a misdemeanor, 5918 other than a defendant in a traffic case as defined in Traffic 5919 Rule 2, if the forfeiture is pursuant to an agreement with the 5920 court and prosecutor in the case.
5 Page 201 As ReportedPassed by the House Judiciary Committee (a)(1) Records or reports maintained pursuant to section 5947 2151.421 of the Revised Code by a public children services 5948 agency or the department of job and family services;
5 Page 202 As ReportedPassed by the House Judiciary Committee conviction or bail forfeiture, the records of which have been 5975 ordered sealed or expunged pursuant to division (D)(2)(C)(2) of 5976 section 2953.32, division (D) of section 2953.321, division (C) 5977 (2) of section 2953.322, division (D) of section 2953.323, or 5978 division (F)(1) of section 2953.39 of the Revised Code, or that 5979 pertain to a conviction or delinquent child adjudication, the 5980 records of which have been ordered expunged pursuant to division 5981 (E) of section 2151.358, division (C)(2) of section 2953.35, or 5982 division (F) of section 2953.36 of the Revised Code.
5 Page 203 As ReportedPassed by the House Judiciary Committee the grand jury has returned a no bill.
5 Page 204 As ReportedPassed by the House Judiciary Committee Code;
5 Page 205 As ReportedPassed by the House Judiciary Committee (b) When two or three convictions result from the same 6060 indictment, information, or complaint, from the same plea of 6061 guilty, or from the same official proceeding, and result from 6062 related criminal acts that were committed within a three-month 6063 period but do not result from the same act or from offenses 6064 committed at the same time, they shall be counted as one 6065 conviction, provided that a court may decide as provided in 6066 division (C)(1)(i) of section 2953.32 of the Revised Code that 6067 it is not in the public interest for the two or three 6068 convictions to be counted as one conviction.
5 Page 206 As ReportedPassed by the House Judiciary Committee (g) Convictions for a violation of section 2919.25 of the 6089 Revised Code that is a misdemeanor of the first or second degree 6090 or convictions for a violation of a municipal ordinance that is 6091 substantially similar to that section;
5 Page 207 As ReportedPassed by the House Judiciary Committee committed at the same time, they shall be counted as one 6118 conviction, provided that a court may decide as provided in 6119 division (D)(1)(i) of this section that it is not in the public 6120 interest for the two or three convictions to be counted as one 6121 conviction.
5 Page 208 As ReportedPassed by the House Judiciary Committee (iii)(c) At the expiration of seven years after the 6148 offender's final discharge if the record includes one or more 6149 convictions of soliciting improper compensation in violation of 6150 section 2921.43 of the Revised Code;
5 Page 209 As ReportedPassed by the House Judiciary Committee case was pending when bail was forfeited for the sealing or 6177 expungement of the record of the case that pertains to the 6178 charge.
5 Page 210 As ReportedPassed by the House Judiciary Committee hearing not less than forty-five days and not more than ninety 6206 days from the date of the filing of the application.
5 Page 211 As ReportedPassed by the House Judiciary Committee expunging a conviction of an offense that is prohibited under 6237 division (A) of this section 2953.311 of the Revised Code or 6238 whether the forfeiture of bail was agreed to by the applicant 6239 and the prosecutor in the case, and determine whether the 6240 application was made at the time specified in division (B)(1)(a) 6241 or (b) (A)(1) or division (B)(2)(a) or (b) (2) of this section 6242 that is applicable with respect to the application and the 6243 subject offense;
5 Page 212 As ReportedPassed by the House Judiciary Committee making the determination, the court may consider all of the 6266 following:
5 Page 213 As ReportedPassed by the House Judiciary Committee applicant and the prosecutor in the case, that the application 6295 was made at the time specified in division (B)(1)(a) or (b)(A) 6296 (1) or division (B)(2)(a) or (b)(A)(2) of this section that is 6297 applicable with respect to the application and the subject 6298 offense, that no criminal proceeding is pending against the 6299 applicant, that the interests of the applicant in having the 6300 records pertaining to the applicant's conviction or bail 6301 forfeiture sealed or expunged are not outweighed by any 6302 legitimate governmental needs to maintain those records, and 6303 that the rehabilitation of the applicant has been attained to 6304 the satisfaction of the court, both of the following apply:
5 Page 214 As ReportedPassed by the House Judiciary Committee (3) An applicant may request the sealing or expungement of 6326 the records of more than one case in a single application under 6327 this section.
5 Page 215 As ReportedPassed by the House Judiciary Committee record of the applicant's fingerprints was not provided to the 6356 court under division (C)(B) of this section, but fingerprinting 6357 was required for the offense, order the applicant to appear 6358 before a sheriff to have the applicant's fingerprints taken 6359 according to the fingerprint system of identification on the 6360 forms furnished by the superintendent of the bureau of criminal 6361 identification and investigation.
5 Page 216 As ReportedPassed by the House Judiciary Committee that the record of a conviction or bail forfeiture has been 6386 expunged under this section, the entity shall destroy, delete, 6387 and erase the record as appropriate for the record's physical or 6388 electronic form or characteristic so that the record is 6389 permanently irretrievable.
5 Page 217 As ReportedPassed by the House Judiciary Committee complaint, indictment, or information is presumed to be eligible 6416 for sealing.
5 Page 218 As ReportedPassed by the House Judiciary Committee (i) After the applicant was convicted of the subject 6446 offense or after the complaint, indictment, or information was 6447 dismissed, the applicant has been convicted of any other felony.
5 Page 219 As ReportedPassed by the House Judiciary Committee filing of the application.
5 Page 220 As ReportedPassed by the House Judiciary Committee (3) If the prosecutor has filed an objection in accordance 6505 with division (B)(3) of this section, consider the reasons 6506 against granting the sealing order specified by the prosecutor 6507 in the objection;
5 Page 221 As ReportedPassed by the House Judiciary Committee (1) The court, except as provided in division (D), (F), or 6535 (G) of section 2953.34 of the Revised Code, shall order all 6536 official records of the case that pertain to the record of 6537 conviction or dismissed complaint, indictment, or information 6538 sealed, except as provided in division (C) of section 2953.34 of 6539 the Revised Code, and all index references to the case that 6540 pertain to the record of conviction deleted.
5 Page 222 As ReportedPassed by the House Judiciary Committee was pursuant to a municipal ordinance.
5 Page 223 As ReportedPassed by the House Judiciary Committee Constitution, the prosecutor shall provide timely notice of the 6596 application and the date and time of the hearing to a victim and 6597 victim's representative, if applicable, if the victim or 6598 victim's representative requested notice of the proceedings in 6599 the underlying case.
5 Page 224 As ReportedPassed by the House Judiciary Committee compliance with the child support order.
5 Page 225 As ReportedPassed by the House Judiciary Committee (h) If the applicant was an eligible offender of the type 6656 described in division (A)(3) of section 2953.36 of the Revised 6657 Code as it existed prior to April 4, 2023, determine whether the 6658 offender has been rehabilitated to a satisfactory degree.
5 Page 226 As ReportedPassed by the House Judiciary Committee expunging a conviction of an offense that is prohibited under 6685 section 2953.311 of the Revised Code or that the forfeiture of 6686 bail was agreed to by the applicant and the prosecutor in the 6687 case, that the application was made at the time specified in 6688 division (A)(1) or (2) of this section that is applicable with 6689 respect to the application and the subject offense, that no 6690 criminal proceeding is pending against the applicant, that the 6691 interests of the applicant in having the records pertaining to 6692 the applicant's conviction or bail forfeiture expunged are not 6693 outweighed by any legitimate governmental needs to maintain 6694 those records, and that the rehabilitation of the applicant has 6695 been attained to the satisfaction of the court, both of the 6696 following apply:
5 Page 227 As ReportedPassed by the House Judiciary Committee fee of fifty dollars and may pay a local court fee of not more 6715 than fifty dollars, regardless of the number of records the 6716 application requests to have expunged.
5 Page 228 As ReportedPassed by the House Judiciary Committee applicant's fingerprints and a copy of the expungement order to 6745 the bureau of criminal identification and investigation.
5 Page 229 As ReportedPassed by the House Judiciary Committee eligible for expungement, then the person's record of conviction 6775 or dismissed complaint, indictment, or information is presumed 6776 to be eligible for expungement.
5 Page 230 As ReportedPassed by the House Judiciary Committee sentencing court if either of the following apply:
5 Page 231 As ReportedPassed by the House Judiciary Committee (2) The court shall hold the hearing not less than forty- 6834 five days and not more than ninety days after the date of the 6835 filing of the application.
5 Page 232 As ReportedPassed by the House Judiciary Committee (2) Determine whether criminal charges are pending against 6863 the applicant;
5 Page 233 As ReportedPassed by the House Judiciary Committee relevant statute of limitations has expired, both of the 6893 following apply:
5 Page 234 As ReportedPassed by the House Judiciary Committee (F) The state criminal sentencing commission shall 6923 prescribe and make available an application form that is to be 6924 used under this section by a person who applies to expunge a 6925 record of conviction or a dismissed complaint, indictment, or 6926 information.
5 Page 235 As ReportedPassed by the House Judiciary Committee attorney's assistants, to determine a defendant's eligibility to 6952 enter a pre-trial diversion program established pursuant to 6953 section 2935.36 of the Revised Code;
5 Page 236 As ReportedPassed by the House Judiciary Committee or an authorized employee of a sheriff in connection with a 6981 criminal records check described in section 311.41 of the 6982 Revised Code;
5 Page 237 As ReportedPassed by the House Judiciary Committee office, or department that has custody of the sealed records, 7010 and shall not contain the name of the crime committed.
5 Page 238 As ReportedPassed by the House Judiciary Committee (E) Notwithstanding any provision of this section or 7041 section 2953.32, 2953.321, 2953.322, or 2953.323 of the Revised 7042 Code that requires otherwise, if the auditor of state or a 7043 prosecutor maintains records, reports, or audits of an 7044 individual who has been forever disqualified from holding public 7045 office, employment, or a position of trust in this state under 7046 sections 2921.41 and 2921.43 of the Revised Code, or has 7047 otherwise been convicted of an offense based upon the records, 7048 reports, or audits of the auditor of state, the auditor of state 7049 or prosecutor is permitted to maintain those records to the 7050 extent they were used as the basis for the individual's 7051 disqualification or conviction, and shall not be compelled by 7052 court order to seal or expunge those records.
5 Page 239 As ReportedPassed by the House Judiciary Committee (2) The sealing of a record under section 2953.32 or 7071 2953.321 of the Revised Code does not affect the assessment of 7072 points under section 4510.036 of the Revised Code and does not 7073 erase points assessed against a person as a result of the sealed 7074 record.
5 Page 240 As ReportedPassed by the House Judiciary Committee seal or expunge official records of a dismissed complaint, 7101 indictment, or information issued pursuant to division (D) of 7102 section 2953.321 or division (D) of section 2953.323 of the 7103 Revised Code applies to every public office or agency that has a 7104 record of the case that is the subject of the order, regardless 7105 of whether it receives notice of the hearing on the application 7106 for the order to seal or expunge the official records or 7107 receives a copy of the order to seal the official records 7108 pursuant to division (H)(1) or (2) of this section.
5 Page 241 As ReportedPassed by the House Judiciary Committee which such an index pertains shall not be available to any 7132 person, except that the official records of a case that have 7133 been sealed may be made available to the following persons for 7134 the following purposes:
5 Page 242 As ReportedPassed by the House Judiciary Committee (a) Every law enforcement officer who possesses 7161 investigatory work product immediately shall deliver that work 7162 product to the law enforcement officer's employing law 7163 enforcement agency.
5 Page 243 As ReportedPassed by the House Judiciary Committee any information contained in that work product available to, or 7191 discuss any information contained in it with, any person not 7192 employed by the employing law enforcement agency.
5 Page 244 As ReportedPassed by the House Judiciary Committee 2953.35, or section 2953.36 of the Revised Code, or were 7221 expunged by an order issued pursuant to section 2953.42 of the 7222 Revised Code as it existed prior to June 29, 1988, is guilty of 7223 divulging confidential information, a misdemeanor of the fourth 7224 degree.
5 Page 245 As ReportedPassed by the House Judiciary Committee employee did not release, disseminate, or make available the 7250 information or other data from the sealed or expunged records 7251 with malicious purpose, in bad faith, or in a wanton or reckless 7252 manner.
5 Page 246 As ReportedPassed by the House Judiciary Committee investigatory work product and that are excepted from the 7280 definition of official records shall immediately deliver the 7281 records and reports to the officer's employing law enforcement 7282 agency.
5 Page 247 As ReportedPassed by the House Judiciary Committee investigatory work product and that are excepted from the 7311 definition of official records, or that are the specific 7312 investigatory work product of a law enforcement officer it 7313 employs and that were delivered to it under division (K)(1)(a) 7314 of this section may permit another law enforcement agency to use 7315 the records or reports in the investigation of another offense, 7316 if the facts incident to the offense being investigated by the 7317 other law enforcement agency and the facts incident to an 7318 offense that is the subject of the case are reasonably similar.
5 Page 248 As ReportedPassed by the House Judiciary Committee other parties records, reports, or audits maintained by the 7342 auditor of state pursuant to Chapter 117.
5 Page 249 As ReportedPassed by the House Judiciary Committee makes available for any purpose involving employment, bonding, 7372 licensing, or education to any person or to any department, 7373 agency, or other instrumentality of the state, or of any of its 7374 political subdivisions, any information or other data concerning 7375 any arrest, complaint, indictment, information, trial, 7376 adjudication, or correctional supervision, knowing the records 7377 of which have been sealed or expunged pursuant to section 7378 2953.33 of the Revised Code or the records of a dismissed 7379 complaint, indictment, or information of which have been sealed 7380 or expunged pursuant to division (D) of section 2953.321 or 7381 division (D) of section 2953.323 of the Revised Code, is guilty 7382 of divulging confidential information, a misdemeanor of the 7383 fourth degree.
5 Page 250 As ReportedPassed by the House Judiciary Committee except as provided in division (D) of this section, an order 7402 issued under that section to seal the record of a person's 7403 conviction restores the person who is the subject of the order 7404 to all rights and privileges not otherwise restored by 7405 termination of the sentence or community control sanction or by 7406 final release on parole or post-release control.
5 Page 251 As ReportedPassed by the House Judiciary Committee Sec.
5 Page 252 As ReportedPassed by the House Judiciary Committee division (B)(1)(A)(1) of section 2953.32 of the Revised Code for 7462 sealing applications or division (A)(1) of section 2953.322 of 7463 the Revised Code for expungement applications filed by an 7464 offender under that section those sections.
5 Page 253 As ReportedPassed by the House Judiciary Committee (1) Identify the subject offender and the applicant 7492 prosecutor, the offense for which the sealing or expungement is 7493 sought, the date of the conviction of that offense, and the 7494 court in which the conviction occurred;
5 Page 254 As ReportedPassed by the House Judiciary Committee reasonable means reasonably calculated to provide prompt actual 7521 notice, including regular mail, telephone, and electronic mail.
5 Page 255 As ReportedPassed by the House Judiciary Committee this section determines that the offense that is the subject of 7551 the application is a low-level controlled substance offense and 7552 that the amount of time specified in division (B)(1) of this 7553 section for the filing of the application has expired, the court 7554 at the hearing also shall do all of the following:
5 Page 256 As ReportedPassed by the House Judiciary Committee (a) The court shall issue orders of the type specified in 7580 division (D)(2)(C)(2) of section 2953.32 or division (C)(2) of 7581 section 2953.322 of the Revised Code, subject to the exceptions 7582 specified in that division.
5 Page 257 As ReportedPassed by the House Judiciary Committee (G) A record that is expunged pursuant to an order issued 7609 under division (F)(1) of this section shall be destroyed, 7610 deleted, and erased, as appropriate for the record's physical or 7611 electronic form or characteristic, so that the record is 7612 permanently irretrievable.
5 Page 258 As ReportedPassed by the House Judiciary Committee disposition of one, and only one, of the charges is a conviction 7639 under any section of Chapter 4507., 4510., 4511., or 4549., 7640 other than section 4511.19 or 4511.194 of the Revised Code, or 7641 under a municipal ordinance that is substantially similar to any 7642 section other than section 4511.19 or 4511.194 of the Revised 7643 Code contained in any of those chapters, and if the records 7644 pertaining to all the other charges would be eligible for 7645 sealing or expungement under section 2953.33, 2953.39, or 7646 2953.521 of the Revised Code in the absence of that conviction, 7647 the court may order that the records pertaining to all the 7648 charges be sealed or expunged.
5 Page 259 As ReportedPassed by the House Judiciary Committee Code, the board of nursing, by a vote of a quorum, may impose 7669 one or more of the following sanctions:
5 Page 260 As ReportedPassed by the House Judiciary Committee (5) Selling, giving away, or administering drugs or 7699 therapeutic devices for other than legal and legitimate 7700 therapeutic purposes;
5 Page 261 As ReportedPassed by the House Judiciary Committee provide safe nursing care or safe dialysis care;
5 Page 262 As ReportedPassed by the House Judiciary Committee (19) Failure to practice in accordance with acceptable and 7757 prevailing standards of safe nursing care or safe dialysis care;
5 Page 263 As ReportedPassed by the House Judiciary Committee (25) Failure to comply with the terms and conditions of 7785 participation in the safe haven program conducted under sections 7786 4723.35 and 4723.351 of the Revised Code;
5 Page 264 As ReportedPassed by the House Judiciary Committee is consensual, engaging with a patient other than the spouse of 7813 the registered nurse, licensed practical nurse, or dialysis 7814 technician in any of the following:
5 Page 265 As ReportedPassed by the House Judiciary Committee (38) Violation of section 4723.93 of the Revised Code.
5 Page 266 As ReportedPassed by the House Judiciary Committee than on the merits, the board shall conduct an adjudication to 7872 determine whether the registered nurse, licensed practical 7873 nurse, or dialysis technician committed the act on which the 7874 action was based.
5 Page 267 As ReportedPassed by the House Judiciary Committee Notwithstanding the provision of division (D)(2)(C)(2) of 7903 section 2953.32, division (D) of section 2953.321, division (C) 7904 (2) of section 2953.322, division (D) of section 2953.323, or 7905 division (F)(1) of section 2953.39 of the Revised Code 7906 specifying that if records pertaining to a criminal case are 7907 sealed or expunged under that section the proceedings in the 7908 case shall be deemed not to have occurred, sealing or 7909 expungement of the following records on which the board has 7910 based an action under this section shall have no effect on the 7911 board's action or any sanction imposed by the board under this 7912 section:
5 Page 268 As ReportedPassed by the House Judiciary Committee expense of the individual, if the board finds reason to believe 7933 that the individual under investigation may have a physical or 7934 mental impairment that may affect the individual's ability to 7935 provide safe nursing care.
5 Page 269 As ReportedPassed by the House Judiciary Committee (H) The board shall investigate evidence that appears to 7963 show that any person has violated any provision of this chapter 7964 or any rule of the board.
5 Page 270 As ReportedPassed by the House Judiciary Committee 2305.252 of the Revised Code.
5 Page 271 As ReportedPassed by the House Judiciary Committee disciplinary action under this section is not removed or limited 8023 when an individual has a license or certificate classified as 8024 inactive or fails to renew a license or certificate.
5 Page 272 As ReportedPassed by the House Judiciary Committee (2) Except as provided in division (I) of this section, 8052 the board may impose the sanctions listed in division (A)(1) of 8053 this section if the board finds a pharmacist or pharmacy intern:
5 Page 273 As ReportedPassed by the House Judiciary Committee (i) Violated the terms of a consult agreement entered into 8080 pursuant to section 4729.39 of the Revised Code;
5 Page 274 As ReportedPassed by the House Judiciary Committee records of all dangerous drugs received or dispensed in 8107 compliance with federal laws and regulations and state laws and 8108 rules;
5 Page 275 As ReportedPassed by the House Judiciary Committee of the examination is the responsibility of the individual 8136 required to be examined.
5 Page 276 As ReportedPassed by the House Judiciary Committee (G) Notwithstanding the provision of division (D)(2)(C)(2) 8166 of section 2953.32, division (D) of section 2953.321, division 8167 (C)(2) of section 2953.322, division (D) of section 2953.323, or 8168 division (F)(1) of section 2953.39 of the Revised Code 8169 specifying that if records pertaining to a criminal case are 8170 sealed or expunged under that section the proceedings in the 8171 case must be deemed not to have occurred, sealing or expungement 8172 of the following records on which the board has based an action 8173 under this section shall have no effect on the board's action or 8174 any sanction imposed by the board under this section:
5 Page 277 As ReportedPassed by the House Judiciary Committee (b) Reprimand or place the license holder on probation;
5 Page 278 As ReportedPassed by the House Judiciary Committee (g) Any other cause for which the board may impose 8224 sanctions as set forth in rules adopted under section 4729.26 of 8225 the Revised Code.
5 Page 279 As ReportedPassed by the House Judiciary Committee 2953.32, division (D) of section 2953.321, division (C)(2) of 8254 section 2953.322, division (D) of section 2953.323, or division 8255 (F)(1) of section 2953.39 of the Revised Code specifying that if 8256 records pertaining to a criminal case are sealed or expunged 8257 under that section the proceedings in the case must be deemed 8258 not to have occurred, sealing or expungement of the following 8259 records on which the board has based an action under this 8260 section shall have no effect on the board's action or any 8261 sanction imposed by the board under this section:
5 Page 280 As ReportedPassed by the House Judiciary Committee (1) Making any false material statements in an application 8283 for a license as a terminal distributor of dangerous drugs;
5 Page 281 As ReportedPassed by the House Judiciary Committee the payment of all or any part of a deductible or copayment that 8311 an individual, pursuant to a health insurance or health care 8312 policy, contract, or plan that covers the pharmaceutical 8313 services, would otherwise be required to pay for the services.
5 Page 282 As ReportedPassed by the House Judiciary Committee dangerous drugs so sealed shall not be disposed of until appeal 8340 rights under Chapter 119.
5 Page 283 As ReportedPassed by the House Judiciary Committee or otherwise modify its records to reflect the court's sealing 8370 or expungement of conviction records.
5 Page 284 As ReportedPassed by the House Judiciary Committee (c) Is addicted to or abusing alcohol or drugs or impaired 8398 physically or mentally to such a degree as to render the 8399 individual unable to perform the individual's duties;
5 Page 285 As ReportedPassed by the House Judiciary Committee reports that constitute privileged communications.
5 Page 286 As ReportedPassed by the House Judiciary Committee (D) If the board is required under Chapter 119.
5 Page 287 As ReportedPassed by the House Judiciary Committee refusal is in accordance with section 9.79 of the Revised Code.
5 Page 288 As ReportedPassed by the House Judiciary Committee (5) Being guilty of negligence or gross misconduct in 8514 providing home medical equipment services;
5 Page 289 As ReportedPassed by the House Judiciary Committee the Revised Code.
5 Page 290 As ReportedPassed by the House Judiciary Committee hearing, but may adopt a final order that contains the board's 8572 findings.
5 Page 291 As ReportedPassed by the House Judiciary Committee (c) All qualified prisoners referred and transferred to it 8601 under this section shall reside initially in the suitable 8602 facility specified in division (A)(1)(b) of this section while 8603 undergoing the assessment and treatment.
5 Page 292 As ReportedPassed by the House Judiciary Committee uninterrupted participation in the substance use disorder 8628 treatment program established under division (B) of this 8629 section.
5 Page 293 As ReportedPassed by the House Judiciary Committee any reduction of the prisoner's prison term.
5 Page 294 As ReportedPassed by the House Judiciary Committee evaluation, in addition to all other information and materials 8689 considered, as follows:
5 Page 295 As ReportedPassed by the House Judiciary Committee feasible, the department shall approve one or more providers 8719 from each geographical quadrant of the state.
5 Page 296 As ReportedPassed by the House Judiciary Committee treatment.
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View plain text versions (3)
- As Passed by the House View text Current pdf
- Reported As Reported by the House Judiciary Committee pdf
- Introduced As Introduced pdf
Action History
-
As Passed by the House
Sponsors
- Josh Williams · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 133 not signed on · 23 voted No
Sponsors (1)
- Josh Williams Republican
Co-sponsors (0)
None.
Not signed on (133)
133 members have not signed on to this bill.
Show all 133 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 0 | 0 | 0 |
| Democratic | 0 | 4 | 0 | 0 |
| Total | 9 | 4 | 0 | 0 |
| % of votes cast | 69% | 31% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Dani Isaacsohn | Democratic | Nay |
| Desiree Tims | Democratic | Nay |
| Eric Synenberg | Democratic | Nay |
| Ismail Mohamed | Democratic | Nay |
| Adam Mathews | Republican | Yea |
| Brian Stewart | Republican | Yea |
| D. J. Swearingen | Republican | Yea |
| Jamie Callender | Republican | Yea |
| Jim Thomas | Republican | Yea |
| Josh Williams | Republican | Yea |
| Mike Odioso | Republican | Yea |
| Phil Plummer | Republican | Yea |
| Scott Oelslager | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 61 | 0 | 0 | 0 |
| Democratic | 9 | 23 | 0 | 0 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Total | 71 | 24 | 0 | 0 |
| % of votes cast | 75% | 25% | 0% | 0% |
How each member voted (95)
| Member | Party | Vote |
|---|---|---|
| Don Jones | — | Yea |
| Sedrick Denson | — | Nay |
| Anita Somani | Democratic | Nay |
| Beryl Brown Piccolantonio | Democratic | Nay |
| Bride Rose Sweeney | Democratic | Yea |
| C. Allison Russo | Democratic | Yea |
| Cecil Thomas | Democratic | Nay |
| Chris Glassburn | Democratic | Yea |
| Christine Cockley | Democratic | Nay |
| Crystal Lett | Democratic | Nay |
| Dani Isaacsohn | Democratic | Nay |
| Daniel P. Troy | Democratic | Yea |
| Darnell T. Brewer | Democratic | Nay |
| Derrick Hall | Democratic | Yea |
| Desiree Tims | Democratic | Nay |
| Dontavius L. Jarrells | Democratic | Nay |
| Elgin Rogers, Jr. | Democratic | Nay |
| Eric Synenberg | Democratic | Nay |
| Erika White | Democratic | Nay |
| Ismail Mohamed | Democratic | Nay |
| Joseph A. Miller, III | Democratic | Yea |
| Juanita O. Brent | Democratic | Nay |
| Karen Brownlee | Democratic | Nay |
| Latyna M. Humphrey | Democratic | Nay |
| Mark Sigrist | Democratic | Yea |
| Meredith R. Lawson-Rowe | Democratic | Nay |
| Michele Grim | Democratic | Nay |
| Munira Abdullahi | Democratic | Nay |
| Phillip M. Robinson, Jr. | Democratic | Nay |
| Rachel B. Baker | Democratic | Yea |
| Sean P. Brennan | Democratic | Yea |
| Terrence Upchurch | Democratic | Nay |
| Tristan Rader | Democratic | Nay |
| Veronica R. Sims | Democratic | Nay |
| Adam C. Bird | Republican | Yea |
| Adam Holmes | Republican | Yea |
| Adam Mathews | Republican | Yea |
| Andrea White | Republican | Yea |
| Angela N. King | Republican | Yea |
| Bernard Willis | Republican | Yea |
| Beth Lear | Republican | Yea |
| Bill Roemer | Republican | Yea |
| Bob Peterson | Republican | Yea |
| Brian Lampton | Republican | Yea |
| Brian Lorenz | Republican | Yea |
| Brian Stewart | Republican | Yea |
| Cindy Abrams | Republican | Yea |
| D. J. Swearingen | Republican | Yea |
| David Thomas | Republican | Yea |
| Diane Mullins | Republican | Yea |
| Gary Click | Republican | Yea |
| Gayle Manning | Republican | Yea |
| Haraz N. Ghanbari | Republican | Yea |
| Heidi Workman | Republican | Yea |
| Jack K. Daniels | Republican | Yea |
| James M. Hoops | Republican | Yea |
| Jamie Callender | Republican | Yea |
| Jason Stephens | Republican | Yea |
| Jean Schmidt | Republican | Yea |
| Jeff LaRe | Republican | Yea |
| Jennifer Gross | Republican | Yea |
| Jim Thomas | Republican | Yea |
| Jodi Salvo | Republican | Yea |
| Johnathan Newman | Republican | Yea |
| Josh Williams | Republican | Yea |
| Justin Pizzulli | Republican | Yea |
| Kellie Deeter | Republican | Yea |
| Kevin D. Miller | Republican | Yea |
| Kevin Ritter | Republican | Yea |
| Levi Dean | Republican | Yea |
| Marilyn John | Republican | Yea |
| Mark Johnson | Republican | Yea |
| Matt Huffman | Republican | Yea |
| Matthew Kishman | Republican | Yea |
| Melanie Miller | Republican | Yea |
| Meredith Craig | Republican | Yea |
| Michael D. Dovilla | Republican | Yea |
| Mike Odioso | Republican | Yea |
| Monica Robb Blasdel | Republican | Yea |
| Phil Plummer | Republican | Yea |
| Riordan T. McClain | Republican | Yea |
| Rodney Creech | Republican | Yea |
| Ron Ferguson | Republican | Yea |
| Roy Klopfenstein | Republican | Yea |
| Sarah Fowler Arthur | Republican | Yea |
| Scott Oelslager | Republican | Yea |
| Sharon A. Ray | Republican | Yea |
| Steve Demetriou | Republican | Yea |
| Tex Fischer | Republican | Yea |
| Thaddeus J. Claggett | Republican | Yea |
| Thomas Hall | Republican | Yea |
| Tim Barhorst | Republican | Yea |
| Tom Young | Republican | Yea |
| Tracy M. Richardson | Republican | Yea |
| Ty D. Mathews | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 5 do?
- To amend sections 109.57, 109.572, 109.578, 109.579, 2151.357, 2901.08, 2923.125, 2923.13, 2923.14, 2929.01, 2929.13, 2929.14, 2941.141, 2941.144, 2941.145, 2941.146, 2953.25, 2953.26, 2953.32, 2953.34, 2953.61, 4723.28, 4729.16, 4729.56, 4729.57, 4729.96, and 4752.09 and to enact sections 2941.1427, 2941.1428, and 2953.321 of the Revised Code to enact the Repeat Offender Act to create a repeat offender classification, to create and modify certain firearm specifications, to increase the penalties for certain firearm offenses and specifications, to broaden the scope of relief from firearms disability, and to modify the sealing procedure for misdemeanors and fourth and fifth degree felonies.
- Who sponsors HB 5?
- HB 5 is sponsored by Josh Williams (Republican).
- What is the current status of HB 5?
- This bill has passed the House. Introduced January 23, 2025. It now moves to the second chamber.
- Where can I track HB 5?
- Track HB 5 free on One Click Politics — get push/email alerts when it moves.
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