Briefing Document: Ohio House Bill 5 Excerpts
Subject: Criminal Justice and Public Safety – Bureau of Criminal Identification and Investigation (BCI&I), Sentencing, Sealing/Expungement of Records, Pharmacy Regulations and Handgun Licenses
Source: Excerpts from Ohio House Bill 5 (As Introduced) – “https://search-prod.lis.state.oh.us/api/v2/general_assembly_136/legislation/hb5/00_IN/pdf/”
Summary:
The excerpts from Ohio House Bill 5 primarily focus on amendments and additions to existing Ohio Revised Code sections related to criminal justice procedures, sentencing guidelines, record sealing/expungement processes, pharmacy regulations and handgun licensing qualifications. A central theme revolves around the duties and responsibilities of the Bureau of Criminal Identification and Investigation (BCI&I), modifications to sentencing structures for various offenses, and adjustments to eligibility criteria for concealed handgun licenses. The bill also addresses the sealing and expungement of criminal records. Key Themes and Ideas:
- BCI&I Responsibilities and Data Management:
- Data Collection and Storage: The BCI&I is mandated to collect and store a wide range of information related to individuals convicted of felonies, certain misdemeanors, and those adjudicated delinquent for acts that would be felonies if committed by adults. This includes photographs, fingerprints, descriptions, and other pertinent data. “The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions, fingerprints, measurements, and other information that may be pertinent of all persons who have been convicted of committing within this state a felony…”
- Ohio Law Enforcement Gateway: The BCI&I is authorized to operate the “Ohio law enforcement gateway” for the purpose of gathering and disseminating information to law enforcement agencies. “The superintendent may operate a center for electronic, automated, or other data processing for the storage and retrieval of information, data, and statistics pertaining to criminals… and may establish and operate a statewide communications network to be known as the Ohio law enforcement gateway to gather and disseminate information, data, and statistics…”
- Sex Offender Registry: The superintendent shall carry out Chapter 2950. of the Revised Code with respect to the registration of persons who are convicted of or plead guilty to a sexually oriented offense or a child-victim oriented offense and with respect to all other duties imposed on the bureau under that chapter.
- Criminal Records Checks:
- Background Checks: The bill details processes for criminal records checks conducted by the BCI&I for various purposes, including employment in certain fields (healthcare, childcare, etc.) and for concealed handgun license applications. These checks include state and potentially federal (FBI) records. The bill outlines specific offenses that would disqualify an individual from certain positions or licenses.
- Fingerprint Requirements: Criminal record checks often require fingerprint impressions.
- Information Sharing: The BCI&I may exchange information with other states and the federal government, including through the national crime prevention and privacy compact.
- Sentencing Guidelines and Mandatory Prison Terms:
- Mandatory Sentences: The bill modifies sentencing guidelines and establishes or modifies mandatory prison terms for certain offenses, particularly those involving violence, drugs, or firearms.
- Repeat Offenders: Enhanced penalties are specified for repeat violent offenders and major drug offenders.
- Consecutive Sentences: In some cases, prison terms for certain offenses (e.g., offenses committed while incarcerated or escape) must be served consecutively to other sentences.
- Post-Release Control: The bill reinforces the requirement for post-release control for certain felonies, including violent offenses and sex offenses. “If a court imposes a prison term, other than a term of life imprisonment, for a felony of the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the third degree that is an offense of violence and that is not a felony sex offense, it shall include in the sentence a requirement that the offender be subject to a period of post-release control after the offender’s release from imprisonment…”
- The bill changes the prison term for those with firearms on or about their person from nine years to fifteen years if previously convicted of a crime.
- Concealed Handgun Licenses:
- Eligibility Requirements: The bill outlines detailed eligibility requirements for obtaining a concealed handgun license, including restrictions based on criminal history, mental health status, drug use, and other factors. For instance, applicants must certify they are not unlawful users of controlled substances.
- Disqualifying Offenses: Convictions for certain felonies, violent misdemeanors, drug offenses, and domestic violence-related offenses can disqualify an applicant.
- License Duration and Identification: Concealed handgun licenses are valid for five years.
- Sealing and Expungement of Criminal Records:
- Record Sealing: The bill modifies provisions related to the sealing of criminal records, specifying procedures for notification to relevant agencies (BCI&I, courts, etc.) and restrictions on access to sealed records. “The court shall send notice of any order to seal or expunge official records issued pursuant to section 2953.32 or 2953.321 of the Revised Code to the bureau of criminal identification and investigation and to any public office or agency that the court knows or has reason to believe may have any record of the case…”
- Restrictions on Access: Unauthorized release or dissemination of information from sealed records is a misdemeanor offense.
- Exceptions: Exceptions are provided for access to sealed records in certain circumstances, such as for law enforcement investigations or by the person who is the subject of the records.
- Pharmacy Regulations:
- This bill imposes sactions on pharmacists that refuse to grant or renew a license.
- “Unprofessional conduct in the practice of pharmacy” includes any of the following:
- Juvenile Adjudications
- A previous adjudication of a person as a delinquent child or juvenile traffic offender for a violation of a law or ordinance is not a conviction for a violation of the law or ordinance for purposes of determining any of the following
Potential Implications:
- Increased Data Collection and Surveillance: The expansion of BCI&I’s data collection and storage capabilities could raise privacy concerns.
- Stricter Sentencing: The modifications to sentencing guidelines may lead to longer prison terms for certain offenders.
- Gun Control: Adjustments to concealed carry laws could affect gun violence.
- Rehabilitation and Re-entry: Modifications to record sealing and expungement processes could impact an individual’s ability to reintegrate into society after serving their sentence.
- Burden on BCI&I: The BCI&I may face increased workload with expanded responsibilities for data management and background checks.