OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 67 Bill Analysis
135th General Assembly
Click here for H.B. 67’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Seitz and Williams
Effective date:
Sarah A. Maki, Attorney
SUMMARY
Provides that if a penalty, forfeiture, or punishment for any offense is reduced by a
change to the Revised Code or Ohio Constitution, and if the penalty, forfeiture, or
punishment has not already been imposed, the penalty, forfeiture, or punishment must
be imposed according to the Revised Code or Ohio Constitution, as amended.
Provides that if a penalty, forfeiture, or punishment for any offense is reduced by a
change to the Revised Code or Ohio Constitution, and if the penalty, forfeiture, or
punishment has already been imposed, in specified circumstances, the penalty,
forfeiture, or punishment must be modified in conformity with the Revised Code or
Ohio Constitution, as amended.
Allows an offender who desires a reduction in a penalty, forfeiture, or punishment for
an offense to apply to the court in which the penalty, forfeiture, or punishment was
imposed.
Requires the court to grant the application and reduce the penalty, forfeiture, or
punishment imposed on the offender if the court finds all of the following:
The change is a reduction in a penalty, forfeiture, or punishment for an offense;
The offense is a qualifying offense;
The offender was sentenced for the offense;
The penalty, forfeiture, or punishment was not imposed pursuant to a negotiated
plea agreement.
Requires the court to notify the offender, prosecuting attorney, and victim of the
application and the date, time, and location of the hearing and gives the offender,
prosecuting attorney, and victim the right to attend the hearing.
June 20, 2023
Office of Research and Drafting LSC Legislative Budget Office
Specifies that after the reduction, the reduced penalty, forfeiture, or punishment must
apply to the offender in substitution for the original penalty, forfeiture, or punishment.
Specifies that after the reduction, if the offender is confined under the penalty,
forfeiture, or punishment and the offender has completed the reduced penalty,
forfeiture, or punishment, the offender must be granted a final release and released
from confinement.
Provides that an order that grants or denies a reduction in a penalty, forfeiture, or
punishment for an offense is a final order.
Specifies that the provisions of the bill that apply if the penalty, forfeiture, or
punishment for any offense is reduced by a change to the Revised Code or Ohio
Constitution, and if the penalty, forfeiture, or punishment has already been imposed, do
not apply if the penalty, forfeiture, or punishment was imposed pursuant to a
negotiated plea agreement.
Requires the State Criminal Sentencing Commission to prescribe a sample application
form that may be used by a person applying for a reduction in a penalty, forfeiture, or
punishment for offense.
Requires the State Criminal Sentencing Commission to review enrolled acts to
determine if the act provides a reduction in a penalty, forfeiture, or punishment for an
offense and if so, provide the State Public Defender, each county public defender, and
the Correctional Institution Inspection Committee with notice of a possible reduction.
DETAILED ANALYSIS
Penalty, forfeiture, or punishment that has not been imposed
The bill provides that if a penalty, forfeiture, or punishment for any offense is reduced
by a change to the Revised Code or Ohio Constitution, and if the penalty, forfeiture, or
punishment has not already been imposed, the penalty, forfeiture, or punishment must be
imposed according to the Revised Code or Ohio Constitution, as amended. Under current law, if
a penalty, forfeiture, or punishment for any offense is reduced by a reenactment or
amendment of a statute, the penalty, forfeiture, or punishment, if not already imposed, must
be imposed according to the statute, as amended.1
Penalty, forfeiture, or punishment that has been imposed
The bill provides that if the penalty, forfeiture, or punishment for any offense is reduced
by a change to the Revised Code or Ohio Constitution, and if the penalty, forfeiture, or
punishment has already been imposed, upon application by the offender who is subject to the
penalty, forfeiture, or punishment and a finding by the court, the penalty, forfeiture, or
1 R.C. 1.58(C).
P a g e |2 H.B. 67
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
punishment imposed on the offender must be modified in conformity with the reduced penalty,
forfeiture, or punishment according to the Revised Code or Ohio Constitution, as amended. 2
Application
The bill allows an offender who desires a reduction to apply to the court in which the
penalty, forfeiture, or punishment was imposed. The offender may apply by using a sample
application (see, “Sample application form,” below) prescribed by the State Criminal
Sentencing Commission (SCSC), but it is not required to do so. Regardless of whether the
offender applies by using a sample application form, the court must not deny an application to
reduce the penalty, forfeiture, or punishment imposed on an offender solely because the
application is not complete.3
Finding by the court
The bill requires that, within 30 days of the receipt of the application, the court do one
of the following:4
If the court finds that the change is a “reduction in a penalty, forfeiture, or punishment
for an offense” (see, “Definitions,” below), that the offense is a “qualifying offense”
(see, “Definitions,” below), that the offender was sentenced for the offense, and that
the penalty, forfeiture, or punishment was not imposed pursuant to a negotiated plea
agreement, the court must grant the application and reduce the penalty, forfeiture, or
punishment imposed on the offender. In determining the reduced penalty, forfeiture, or
punishment the court must comply with the purposes and principles of sentencing set
forth in the Felony Sentencing Law and the Misdemeanor Sentencing Law and the
factors for sentencing set forth in the Felony Sentencing Law and the Misdemeanor
Sentencing Law.
Absent a finding of the type described above, the court must deny the application to
reduce the penalty, forfeiture, or punishment imposed on the offender.
Hearing
In making the above findings, the bill allows the court to conduct a hearing. If the court
conducts a hearing, the court must notify the offender, prosecuting attorney, and victim of the
application and the date, time, and location of the hearing. The offender, prosecuting attorney,
and victim have the right to attend the hearing.5
2 R.C. 1.58(D)(1).
3 R.C. 1.58(D)(2).
4 R.C. 1.58(D)(3).
5 R.C. 1.58(D)(4).
P a g e |3 H.B. 67
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Reduction
The bill specifies that after the reduction, the reduced penalty, forfeiture, or
punishment must apply to the offender in substitution for the original penalty, forfeiture, or
punishment. If the offender is confined under the penalty, forfeiture, or punishment and, after
the reduction, the offender has completed the reduced penalty, forfeiture, or punishment, the
offender must be granted a final release and released from confinement.6
Final order
The bill provides that an order that grants or denies a reduction in a penalty, forfeiture,
or punishment for an offense is a final order. If the clerk of the court has not completed service
of an order denying a reduction in a penalty, forfeiture, or punishment for an offense within
three days of the order, the period for filing a notice of appeal begins to run on the date the
clerk actually completes service of the order.7
Negotiated plea agreement
The provisions of the bill that apply if the penalty, forfeiture, or punishment for any
offense is reduced by a change to the Revised Code or Ohio Constitution, and if the penalty,
forfeiture, or punishment has already been imposed, do not apply if the penalty, forfeiture, or
punishment was imposed pursuant to a negotiated plea agreement.8
State Criminal Sentencing Commission duties
Sample application form
The bill requires the SCSC to prescribe a sample application form that may be used by a
person applying for a reduction in a penalty, forfeiture, or punishment for offense (see,
“Application,” above).9
Review enrolled acts
The bill requires the SCSC to review all enrolled acts enacted by the General Assembly to
determine whether the act may provide a reduction in a penalty, forfeiture, or punishment for
an offense. If the SCSC, upon review of the act, determines that the act may provide a reduction
in a penalty, forfeiture, or punishment for an offense, the SCSC must send both of the following
to the State Public Defender, each county public defender, and the Correctional Institution
Inspection Committee:10
6 R.C. 1.58(D)(5) and (6).
7 R.C. 1.58(D)(7).
8 R.C. 1.58(E).
9 R.C. 181.26(B).
10 R.C. 181.26(C).
P a g e |4 H.B. 67
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Written notice that an act may provide a reduction in a penalty, forfeiture, or
punishment for an offense. If an act may provide for more than one reduction in a
penalty, forfeiture, or punishment for an offense, the written notice must include all of
the possible reductions in a penalty, forfeiture, or punishment for an offense.
A sample application form (see, “Sample application form,” above).
Definitions
The bill defines the following terms:11
“Qualifying offense” means any offense, except for an offense of violence, that is
committed prior to, on, or after the effective date of the bill.
“Reduction in a penalty, forfeiture, or punishment for an offense” means any of the
following:
A change in the length or substance of the possible prison term or jail term, or the
range of possible prison terms or jail terms, for the offense that shortens the
possible term or the range of possible terms or lessens the seriousness of the
substance;
A change in the offense classification of the offense that reduces the felony degree
of the offense, reduces the misdemeanor degree of the offense, or changes the
offense from a felony to a misdemeanor;
A change in the length of a penalty, forfeiture, or punishment provided for the
offense, other than one of the changes listed above, that shortens, makes less
stringent, or otherwise reduces the penalty, forfeiture, or punishment;
The repeal of the prohibition under the offense that the offender in question was
convicted of committing or to which the offender pleaded guilty.
HISTORY
Action Date
Introduced 02-27-23
ANHB0067IN-135/ts
11 R.C. 1.58(A) and 181.26(A).
P a g e |5 H.B. 67
As Introduced
Statutes affected: As Introduced: 1.58