OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 100* Bill Analysis
135th General Assembly
Click here for S.B. 100’s Fiscal Note
Version: As Reported by House Criminal Justice
Primary Sponsors: Sens. Manning and Antonio
Effective Date:
Shalanda R. Plowden, Attorney
SUMMARY
Illegal use of a tracking device or application
▪ Prohibits a person from knowingly installing a tracking device or tracking application on
another person’s property without the other person’s consent.
▪ Specifies that a violation of the prohibition is the offense of “illegal use of a tracking
device or application,” generally a first degree misdemeanor.
▪ Specifies that illegal use of a tracking device or application is a fourth degree felony in
listed circumstances.
▪ Specifies circumstances in which previously granted consent to the installation of a
tracking device or application is presumed to be revoked and situations that are exempt
from the prohibition.
Penalties for selling tobacco products to underage persons
▪ Specifies fines for repeated violations of the prohibitions against selling tobacco
products to underage persons and selling tobacco products without checking the
consumer’s identification.
▪ Expands the definition of “public nuisance” to include those places or businesses that
repeatedly violate the prohibitions against selling tobacco products to underage persons
or selling tobacco products without checking the consumer’s identification.
*This analysis was prepared before the report of the House Criminal Justice Committee appeared in the
House Journal. Note that the legislative history may be incomplete.
December 10, 2024
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Oral fluid testing
▪ Authorizes law enforcement to collect an oral fluid sample from a person arrested for
operating a vehicle under the influence (OVI).
▪ Authorizes the testing of that oral fluid sample for the presence of a drug of abuse or a
metabolite of a drug of abuse.
▪ Authorizes the oral fluid sample and its test results to be used as evidence related to
charges that a person operated a vehicle while “under the influence of alcohol, a drug of
abuse, or a combination of them” (the general OVI prohibition).
▪ Specifies that any person who operates a vehicle or who is in physical control of a
vehicle has given consent to have that person’s oral fluid collected and tested if arrested
for OVI (“implied consent”).
▪ Makes conforming changes to the laws governing OVI while operating a watercraft or a
commercial motor vehicle and the release of drug test records in criminal cases.
TABLE OF CONTENTS
Illegal use of a tracking device or application ................................................................................. 2
Presumption of revocation of prior consent .................................................................................. 3
Exceptions ....................................................................................................................................... 4
Definitions ....................................................................................................................................... 6
Overview...................................................................................................................................... 9
Fines............................................................................................................................................. 9
Current penalties .................................................................................................................... 9
Fines under the bill ............................................................................................................... 10
Public nuisance .......................................................................................................................... 10
Enforcement of public nuisance laws................................................................................... 10
Oral fluid testing ........................................................................................................................... 12
DETAILED ANALYSIS
Illegal use of a tracking device or application
The bill enacts a provision that, subject to the exceptions described below, prohibits a
“person” (see “Definitions,” below) from knowingly doing either of the following:1
1. Installing a “tracking device” or “tracking application” (see “Definitions,” below) on
another person’s property without the other person’s consent or causing a tracking
1 R.C. 2903.216(B).
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device or tracking application to track the position or movement of another person or
another person’s property without the other person’s consent.
2. If the person installed a tracking device or tracking application on another’s property
with the other person’s consent and the other person subsequently revokes that
consent, failing to remove or ensure removal of the device or application after the other
person revokes the consent.
A violation of this prohibition is the offense of “illegal use of a tracking device or
application,” generally a first degree misdemeanor.2 Illegal use of a tracking device or
application is a fourth degree felony if any of the following applies:3
▪ The offender previously has been convicted of or pleaded guilty to the offense of illegal
use of a tracking device or application or menacing by stalking.
▪ At the time of the commission of the offense, the offender was the subject of a
protection order, regardless of whether the person to be protected under the order is
the victim of the offense or another person.
▪ Prior to committing the offense, the offender had been determined to represent a
substantial risk of physical harm to others as manifested by evidence of then-recent
homicidal or other violent behavior, evidence of then-recent threats that placed another
in reasonable fear of violent behavior and serious physical harm, or other evidence of
then-present dangerousness.
▪ The offender has a history of violence toward the victim or of other violent acts towards
the victim.
Presumption of revocation of prior consent
The bill specifies that if a person has given consent for another to install a tracking
device or application on the consenting person’s property, the consent is presumed to be
revoked if any of the following applies:4
▪ The consenting person and the person to whom consent was given are lawfully married
and one of them files a complaint for divorce or a petition for dissolution of marriage
from the other.
▪ The consenting person or the person to whom consent was given files an “Ohio
protection order” (see “Definitions,” below) against the other person or an Ohio
protection order is issued against the other person, and the person to be protected
under the order is the consenting person.
2 R.C. 2903.216(F)(1).
3 R.C. 2903.216(F)(2).
4 R.C. 2903.216(C)(1).
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Not later than 72 hours after being served with a complaint for divorce or a petition for
dissolution of marriage or the issuance of an Ohio protection order, the person to whom
consent was given must lawfully uninstall or discontinue use of the tracking device or tracking
application. If the person to whom consent was given cannot lawfully uninstall or discontinue
use of the tracking device or tracking application, the person to whom consent was given must
notify the court in which the complaint for divorce or the petition for dissolution of marriage
was filed or the court that issued the Ohio protection order in writing.5
Revocation of consent under the above listed circumstances is effective upon the
service of the petition or motion, or an Ohio protection order.6
Exceptions
The bill provides exceptions to its general prohibition against knowingly installing a
tracking device or application in the following situations:7
▪ A law enforcement officer, or any “law enforcement agency” (see “Definitions,”
below), that installs a tracking device or application on another person’s property or
causes a tracking device or tracking application to track the position or movement of
another person or another person’s property as part of a criminal investigation, or a
probation officer, parole officer, or employee of the Department of Rehabilitation and
Correction (DRC), a halfway house, or a community-based correctional facility when
engaged in the lawful performance of the officer’s or employee’s official duties.
▪ A parent or legal guardian of a minor child who installs or uses a tracking device or
application to track the minor child if any of the following applies:
 The child’s parents or legal guardians are lawfully married to each other and are not
separated or otherwise living apart, and either of those parents or legal guardians
consents to the installation of the tracking device or application;
 The child’s parent or legal guardian is the sole surviving parent or legal guardian of
the child;
 The child’s parent or legal guardian has sole custody of the child;
 The child’s parents or legal guardians are divorced, separated, or otherwise living
apart and neither parent has sole custody of the child, and both consent to the
installation of the tracking device or application.
 The child’s parents or legal guardians are divorced, separated, or otherwise living
apart, neither parent has sole custody of the child, and either only one parent
consents to the installation of the tracking device or tracking application or one
5 R.C. 2903.216(C)(1)(a) and (b).
6 R.C. 2903.216(C)(2).
7 R.C. 2903.216(D).
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parent revokes consent, if the consenting parent only uses the tracking device or
tracking application during that parent’s parenting or custodial time and disables or
removes the tracking device or application during the nonconsenting parent’s
parenting or custodial time.
▪ A caregiver of an “elderly person” or “disabled adult” (see “Definitions,” below), if
the elderly person’s or disabled adult’s treating physician certifies that the installation of
a tracking device or application onto the elderly person’s or disabled adult’s property is
necessary to ensure the safety of the elderly person or disabled adult.
▪ A person acting in good faith on behalf of a “business entity” for a legitimate business
purpose, with the exception that this does not apply to a “private investigator” engaged
in the “business of private investigation” (see “Definitions,” below) on behalf of
another person.
▪ A private investigator, or other person licensed as a private investigator under a class B
license, as a security guard provider under a class C license, or as a private investigator
and a security guard provider under a class A license, who is acting in the normal course
of the investigator’s private investigation business on behalf of another person and who
has the consent of the owner of the property upon which the tracking device or tracking
application is installed for the purpose of obtaining information regarding any of the
following:
1. Criminal offenses committed, threatened, or suspected against the United States, a
territory of the United States, a state, or any person or legal entity;
2. Locating an individual known to be a fugitive from justice;
3. Locating lost or stolen property or other assets that have been awarded by the court;
4. Investigating claims related to worker’s compensation.
 This exception does not apply if the person on whose behalf the private investigator
is working is the subject of an Ohio protection order or a “protection order issued by
a court of another state” (see “Definitions,” below), or if the private investigator
knows or reasonably should know that the person on whose behalf the private
investigator is working seeks the investigator’s services to aid in the commission of a
crime.
▪ An owner or lessee of a motor vehicle who installs, or directs the installation of, a
tracking device or application on the vehicle during the period of ownership or lease, if
any of the following applies:
 The tracking device or application is removed before the vehicle’s title is transferred
or the lease expires;
 The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in
the case of an expired lease, consents in writing to the nonremoval of the tracking
device or application;
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 The owner of the vehicle at the time of the installation of the tracking device or
application was the original manufacturer of the vehicle.
▪ A person who installs a tracking device or application on property in which the person
has an ownership or contractual interest, unless the person is the subject of a protective
order and the property is likely to be used by the person who obtained the protective
order.
▪ A person or business entity that installs a tracking device or tracking application on any
fixed wing aircraft or rotorcraft operated or managed by the person or business entity
pursuant to 14 C.F.R. part 91 or part 135 to track the position or movement of the fixed
wing aircraft or rotorcraft.
▪ A surety bail bond agent, or any employee or contractor of a surety bail bond agent;
that installs a tracking device or tracking application on another person’s property or
causes a tracking device or tracking application to track the position or movement of
another person or another person’s property as part of the surety bail bond agent’s,
employee’s, or contractor’s official responsibilities or duties.
For purposes of the first bullet point above, a probation officer, parole officer, or
employee of DRC, a halfway house, or a community-based correctional facility is engaged in the
lawful performance of the officer’s or employee’s duties if both of the following apply:8
▪ The court or DRC imposes electronic monitoring on a person.
▪ The officer or employee installs or uses an electronic monitoring device on that person
in accordance with the court’s or DRC’s imposition of electronic monitoring of that
person.
Definitions
The bill defines the following terms for purposes of its provisions described above:9
“Business entity” means any form of corporation, partnership, association, cooperative,
joint venture, business trust, or sole proprietorship that conducts business in Ohio.
“Business of private investigation” means, except under specified circumstances, the
conducting, for hire, in person or through a partner or employees, of any investigation relevant
to any crime or wrong done or threatened, or to obtain information on the identity, habits,
conduct, movements, whereabouts, affiliations, transactions, reputation, credibility, or
character of any person, or to locate and recover lost or stolen property, or to determine the
cause of or responsibility for any libel or slander, or any fire, accident, or damage to property,
or to secure evidence for use in any legislative, administrative, or judicial investigation or
proceeding.
8 R.C. 2903.216(E).
9 R.C. 2903.216(A), including by reference to R.C. 4749.01, 2913.01, 2919.27, and 2929.01, not in the bill.
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