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.