In June, there were numerous changes to laws after the Governor signed
bills on June 13 and 14. These changes are effective 90 days after the
date they were signed.
- Am. Sub. H.B. 164 – According to the new
bill, a person convicted of a non-sealable offense may apply for the conviction
to be sealed under various circumstances. They may apply if prior to the
application, a change in the offense allows it to now be sealed and specifies
that Inspector General maintained reports are not official records. Under
the Not Guilty / Dismissed Charges / No Bill Record Sealing Law, they
would not be considered sealable.
- H.B. 171 – This bill decreases the required
minimum heroin amount to be determined a trafficking or possession charge
before the violation is considered a first degree felony, and the offender
is considered a “major drug offender.”
- Am. Sub. S.B.
97 – The new bill increases mandatory prison terms for subsequent
firearm convictions by 50%. It also prohibits criminals with various violent
charges from using, purchasing, or carrying a firearm and makes a mandatory
prison sentence a requirement for a violent career criminal who is now
facing a felony offense while armed. The bill also corrects provisions
concerning child dispositions and provides specific prisoners with time
spent credits when applying for release. Finally, the bill also specifies
that no investigation report is necessary for the grant of shock probation
for a conviction prior to July 1, 1996.
- Sub. SB 204 –
Under this bill, the driver’s license suspension for specific drug
offense violations will be discretionary, except in certain situations
where the suspension will remain mandatory. The courts will also be allowed
to terminate a suspension imposed for an out-of-state drug offense. The
courts can also terminate a previous mandatory suspension and suspend
a driver’s license for the possession of nitrous oxide in the vehicle.
The new bill also provides consistency in the laws governing how a court
grants limited driving privileges.
- Sub. HB 110 –
This bill provides an increase for the failure to stop penalty when the
traffic accident results in a serious injury or death, also naming the
penalties Brandon’s Law. It also makes reporting the administration
of naloxone by law enforcement agency request mandatory. When a person
commits a minor drug possession offense and seeks medical assistance for
himself or herself, or another person experiencing an overdose, the bill
provides immunity from arrest, prosecution, or conviction, or to permit
drug treatment consideration. The bills also makes certain 9-1-1 operators
go through training regarding the new immunity, as well as makes it so
the operator receiving a call regarding overdose has to make a reasonable
effort to inform the caller of the immunity.
At Koffel Brininger Nesbitt, our
Columbus criminal defense attorneys want to make sure you understand your rights. If you have been charged
with a crime,
contact our firm to discuss your potential defenses.