As Introduced
133rd General Assembly
Regular Session H. B. No. 413
2019-2020
Representatives Keller, Hood
Cosponsors: Representatives Antani, Becker, Cross, Vitale, Brinkman, Riedel,
Manchester, Powell, McClain, Zeltwanger, Romanchuk, Dean, Ginter, Jordan,
Plummer, Smith, T., Kick, Merrin, Richardson
A BILL
To amend sections 109.57, 109.572, 109.97, 177.01, 1
313.131, 2105.19, 2108.77, 2151.356, 2151.414, 2
2151.419, 2152.02, 2152.021, 2152.11, 2152.12, 3
2152.16, 2152.17, 2152.20, 2152.59, 2152.72, 4
2152.74, 2152.86, 2317.02, 2901.01, 2901.02, 5
2901.07, 2901.13, 2903.41, 2909.24, 2921.32, 6
2921.34, 2923.01, 2923.02, 2923.131, 2923.132, 7
2923.31, 2923.32, 2927.21, 2929.01, 2929.02, 8
2929.021, 2929.022, 2929.023, 2929.024, 2929.03, 9
2929.04, 2929.05, 2929.06, 2929.13, 2929.14, 10
2929.143, 2929.31, 2929.32, 2929.34, 2930.16, 11
2933.51, 2933.81, 2933.82, 2937.222, 2941.14, 12
2941.143, 2941.147, 2941.148, 2945.06, 2945.11, 13
2945.38, 2945.57, 2945.74, 2949.02, 2950.01, 14
2950.99, 2953.08, 2953.09, 2953.11, 2953.21, 15
2953.25, 2967.01, 2967.05, 2967.12, 2967.121, 16
2967.13, 2967.18, 2967.19, 2967.193, 2967.26, 17
2971.01, 2971.03, 2971.07, 3301.32, 3301.541, 18
3313.662, 3319.31, 3319.39, 3712.09, 3721.121, 19
3734.44, 4715.30, 4717.05, 4717.051, 4717.14, 20
4723.092, 4723.281, 4730.25, 4731.22, 4734.36, 21
4741.22, 4757.361, 4759.07, 4760.13, 4761.09, 22
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As Introduced
4762.13, 4765.114, 4774.13, 4776.10, 4778.14, 23
5103.0319, 5120.032, 5120.53, 5120.61, 5139.05, 24
5139.20, 5149.101, and 5153.111 and to enact 25
sections 2904.01, 2904.02, 2904.03, 2904.04, 26
2904.20, 2904.30, and 2904.35 of the Revised 27
Code to create the capital offense of aggravated 28
abortion murder and the offense of abortion 29
murder. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 109.572, 109.97, 177.01, 31
313.131, 2105.19, 2108.77, 2151.356, 2151.414, 2151.419, 32
2152.02, 2152.021, 2152.11, 2152.12, 2152.16, 2152.17, 2152.20, 33
2152.59, 2152.72, 2152.74, 2152.86, 2317.02, 2901.01, 2901.02, 34
2901.07, 2901.13, 2903.41, 2909.24, 2921.32, 2921.34, 2923.01, 35
2923.02, 2923.131, 2923.132, 2923.31, 2923.32, 2927.21, 2929.01, 36
2929.02, 2929.021, 2929.022, 2929.023, 2929.024, 2929.03, 37
2929.04, 2929.05, 2929.06, 2929.13, 2929.14, 2929.143, 2929.31, 38
2929.32, 2929.34, 2930.16, 2933.51, 2933.81, 2933.82, 2937.222, 39
2941.14, 2941.143, 2941.147, 2941.148, 2945.06, 2945.11, 40
2945.38, 2945.57, 2945.74, 2949.02, 2950.01, 2950.99, 2953.08, 41
2953.09, 2953.11, 2953.21, 2953.25, 2967.01, 2967.05, 2967.12, 42
2967.121, 2967.13, 2967.18, 2967.19, 2967.193, 2967.26, 2971.01, 43
2971.03, 2971.07, 3301.32, 3301.541, 3313.662, 3319.31, 3319.39, 44
3712.09, 3721.121, 3734.44, 4715.30, 4717.05, 4717.051, 4717.14, 45
4723.092, 4723.281, 4730.25, 4731.22, 4734.36, 4741.22, 46
4757.361, 4759.07, 4760.13, 4761.09, 4762.13, 4765.114, 4774.13, 47
4776.10, 4778.14, 5103.0319, 5120.032, 5120.53, 5120.61, 48
5139.05, 5139.20, 5149.101, and 5153.111 be amended and sections 49
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As Introduced
2904.01, 2904.02, 2904.03, 2904.04, 2904.20, 2904.30, and 50
2904.35 of the Revised Code be enacted to read as follows: 51
Sec. 109.57. (A)(1) The superintendent of the bureau of 52
criminal identification and investigation shall procure from 53
wherever procurable and file for record photographs, pictures, 54
descriptions, fingerprints, measurements, and other information 55
that may be pertinent of all persons who have been convicted of 56
committing within this state a felony, any crime constituting a 57
misdemeanor on the first offense and a felony on subsequent 58
offenses, or any misdemeanor described in division (A)(1)(a), 59
(A)(5)(a), or (A)(7)(a) of section 109.572 of the Revised Code, 60
of all children under eighteen years of age who have been 61
adjudicated delinquent children for committing within this state 62
an act that would be a felony or an offense of violence if 63
committed by an adult or who have been convicted of or pleaded 64
guilty to committing within this state a felony or an offense of 65
violence, and of all well-known and habitual criminals. The 66
person in charge of any county, multicounty, municipal, 67
municipal-county, or multicounty-municipal jail or workhouse, 68
community-based correctional facility, halfway house, 69
alternative residential facility, or state correctional 70
institution and the person in charge of any state institution 71
having custody of a person suspected of having committed a 72
felony, any crime constituting a misdemeanor on the first 73
offense and a felony on subsequent offenses, or any misdemeanor 74
described in division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of 75
section 109.572 of the Revised Code or having custody of a child 76
under eighteen years of age with respect to whom there is 77
probable cause to believe that the child may have committed an 78
act that would be a felony or an offense of violence if 79
committed by an adult shall furnish such material to the 80
H. B. No. 413 Page 4
As Introduced
superintendent of the bureau. Fingerprints, photographs, or 81
other descriptive information of a child who is under eighteen 82
years of age, has not been arrested or otherwise taken into 83
custody for committing an act that would be a felony or an 84
offense of violence who is not in any other category of child 85
specified in this division, if committed by an adult, has not 86
been adjudicated a delinquent child for committing an act that 87
would be a felony or an offense of violence if committed by an 88
adult, has not been convicted of or pleaded guilty to committing 89
a felony or an offense of violence, and is not a child with 90
respect to whom there is probable cause to believe that the 91
child may have committed an act that would be a felony or an 92
offense of violence if committed by an adult shall not be 93
procured by the superintendent or furnished by any person in 94
charge of any county, multicounty, municipal, municipal-county, 95
or multicounty-municipal jail or workhouse, community-based 96
correctional facility, halfway house, alternative residential 97
facility, or state correctional institution, except as 98
authorized in section 2151.313 of the Revised Code. 99
(2) Every clerk of a court of record in this state, other 100
than the supreme court or a court of appeals, shall send to the 101
superintendent of the bureau a weekly report containing a 102
summary of each case involving a felony, involving any crime 103
constituting a misdemeanor on the first offense and a felony on 104
subsequent offenses, involving a misdemeanor described in 105
division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 106
of the Revised Code, or involving an adjudication in a case in 107
which a child under eighteen years of age was alleged to be a 108
delinquent child for committing an act that would be a felony or 109
an offense of violence if committed by an adult. The clerk of 110
the court of common pleas shall include in the report and 111
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As Introduced
summary the clerk sends under this division all information 112
described in divisions (A)(2)(a) to (f) of this section 113
regarding a case before the court of appeals that is served by 114
that clerk. The summary shall be written on the standard forms 115
furnished by the superintendent pursuant to division (B) of this 116
section and shall include the following information: 117
(a) The incident tracking number contained on the standard 118
forms furnished by the superintendent pursuant to division (B) 119
of this section; 120
(b) The style and number of the case; 121
(c) The date of arrest, offense, summons, or arraignment; 122
(d) The date that the person was convicted of or pleaded 123
guilty to the offense, adjudicated a delinquent child for 124
committing the act that would be a felony or an offense of 125
violence if committed by an adult, found not guilty of the 126
offense, or found not to be a delinquent child for committing an 127
act that would be a felony or an offense of violence if 128
committed by an adult, the date of an entry dismissing the 129
charge, an entry declaring a mistrial of the offense in which 130
the person is discharged, an entry finding that the person or 131
child is not competent to stand trial, or an entry of a nolle 132
prosequi, or the date of any other determination that 133
constitutes final resolution of the case; 134
(e) A statement of the original charge with the section of 135
the Revised Code that was alleged to be violated; 136
(f) If the person or child was convicted, pleaded guilty, 137
or was adjudicated a delinquent child, the sentence or terms of 138
probation imposed or any other disposition of the offender or 139
the delinquent child. 140
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As Introduced
If the offense involved the disarming of a law enforcement 141
officer or an attempt to disarm a law enforcement officer, the 142
clerk shall clearly state that fact in the summary, and the 143
superintendent shall ensure that a clear statement of that fact 144
is placed in the bureau's records. 145
(3) The superintendent shall cooperate with and assist 146
sheriffs, chiefs of police, and other law enforcement officers 147
in the establishment of a complete system of criminal 148
identification and in obtaining fingerprints and other means of 149
identification of all persons arrested on a charge of a felony, 150
any crime constituting a misdemeanor on the first offense and a 151
felony on subsequent offenses, or a misdemeanor described in 152
division (A)(1)(a), (A)(5)(a), or (A)(7)(a) of section 109.572 153
of the Revised Code and of all children under eighteen years of 154
age arrested or otherwise taken into custody for committing an 155
act that would be a felony or an offense of violence if 156
committed by an adult. The superintendent also shall file for 157
record the fingerprint impressions of all persons confined in a 158
county, multicounty, municipal, municipal-county, or 159
multicounty-municipal jail or workhouse, community-based 160
correctional facility, halfway house, alternative residential 161
facility, or state correctional institution for the violation of 162
state laws and of all children under eighteen years of age who 163
are confined in a county, multicounty, municipal, municipal- 164
county, or multicounty-municipal jail or workhouse, community- 165
based correctional facility, halfway house, alternative 166
residential facility, or state correctional institution or in 167
any facility for delinquent children for committing an act that 168
would be a felony or an offense of violence if committed by an 169
adult, and any other information that the superintendent may 170
receive from law enforcement officials of the state and its 171
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As Introduced
political subdivisions. 172
(4) The superintendent shall carry out Chapter 2950. of 173
the Revised Code with respect to the registration of persons who 174
are convicted of or plead guilty to a sexually oriented offense 175
or a child-victim oriented offense and with respect to all other 176
duties imposed on the bureau under that chapter. 177
(5) The bureau shall perform centralized recordkeeping 178
functions for criminal history records and services in this 179
state for purposes of the national crime prevention and privacy 180
compact set forth in section 109.571 of the Revised Code and is 181
the criminal history record repository as defined in that 182
section for purposes of that compact. The superintendent or the 183
superintendent's designee is the compact officer for purposes of 184
that compact and shall carry out the responsibilities of the 185
compact officer specified in that compact. 186
(6) The superintendent shall, upon request, assist a 187
county coroner in the identification of a deceased person 188
through the use of fingerprint impressions obtained pursuant to 189
division (A)(1) of this section or collected pursuant to section 190
109.572 or 311.41 of the Revised Code. 191
(B) The superintendent shall prepare and furnish to every 192
county, multicounty, municipal, municipal-county, or 193
multicounty-municipal jail or workhouse, community-based 194
correctional facility, halfway house, alternative residential 195
facility, or state correctional institution and to every clerk 196
of a court in this state specified in division (A)(2) of this 197
section standard forms for reporting the information required 198
under division (A) of this section. The standard forms that the 199
superintendent prepares pursuant to this division may be in a 200
tangible format, in an electronic format, or in both tangible 201
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As Introduced
formats and electronic formats. 202
(C)(1) The superintendent may operate a center for 203
electronic, automated, or other data processing for the storage 204
and retrieval of information, data, and statistics pertaining to 205
criminals and to children under eighteen years of age who are 206
adjudicated delinquent children for committing an act that would 207
be a felony or an offense of violence if committed by an adult, 208
criminal activity, crime prevention, law enforcement, and 209
criminal justice, and may establish and operate a statewide 210
communications network to be known as the Ohio law enforcement 211
gateway to gather and disseminate information, data, and 212
statistics for the use of law enforcement agencies and for other 213
uses specified in this division. The superintendent may gather, 214
store, retrieve, and disseminate information, data, and 215
statistics that pertain to children who are under eighteen years 216
of age and that are gathered pursuant to sections 109.57 to