OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 230 Bill Analysis
135th General Assembly
Click here for H.B. 230’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Abrams and Swearingen
Effective date:
Nicholas A. Keller, Attorney
SUMMARY
Participating in an organization or operation for trafficking in
persons
 Creates the offense of participating in an organization or operation for trafficking in
persons.
 Provides that the penalty for participating in an organization or operation for trafficking
in persons is a first degree felony.
Drug offense changes
 Increases the penalties and changes the quantities required for trafficking cocaine,
fentanyl-related compounds, heroin, and methamphetamine.
 Removes the knowledge requirement for possession of a fentanyl-related compound
when the other drug involved is not marijuana.
 Requires that all death certificates include a space to indicate whether the cause of
death was due to fentanyl poisoning.
Fentanyl abuse prevention instruction and awareness
 Beginning with the 2024-2025 school year, requires public schools to provide
age-appropriate, research-based instruction on the dangers of fentanyl to students in
grades kindergarten through twelve that includes instruction in prescribed areas of
focus.
 Requires state institutions of higher education to develop and implement an
age-appropriate and research-based education program to advise students regarding
the dangers of fentanyl that includes prescribed areas of focus.
 Designates August as “Fentanyl Poisoning Awareness Month” to increase awareness of
the dangers of fentanyl and potential overdoses.
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Office of Research and Drafting LSC Legislative Budget Office
 Requires public schools to designate a week during the school year as “Fentanyl
Poisoning Awareness Week” to educate students about the dangers posed by fentanyl.
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
Participating in an organization or operation for trafficking in persons ........................................ 1
Drug offense changes ..................................................................................................................... 1
Participating in an organization or operation for trafficking in persons ........................................ 3
Drug offense changes ..................................................................................................................... 4
Death certificate requirement .................................................................................................... 9
Fentanyl or fentanyl-related compound specification................................................................ 9
Definitions ................................................................................................................................. 10
Fentanyl abuse prevention instruction and awareness ............................................................... 10
Fentanyl abuse prevention instruction ..................................................................................... 10
Grades kindergarten through twelve ................................................................................... 10
Higher education .................................................................................................................. 11
Fentanyl poisoning awareness month and fentanyl awareness weeks .................................... 11
Oral fluid testing ........................................................................................................................... 11
P a g e |2 H.B. 230
As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Participating in an organization or operation for trafficking in
persons
The bill prohibits a person from doing any of the following:1
 Knowingly organizing, managing, directing, supervising, coordinating, facilitating,
leading, assisting, participating in, or financing an organization for trafficking in persons
or an operation that furthers the criminal objectives of an organization or operation for
trafficking in persons.
 Knowingly furnishing advice or direction in the conduct, financing, or management of an
organization or operation for trafficking in persons’ affairs with the intent to promote or
further the criminal objectives of that organization or operation for trafficking in
persons.
 Knowingly directing or instructing others to engage in violence or intimidation to
promote or further the criminal objectives of an organization or operation for trafficking
in persons.
 Intentionally promoting or furthering the criminal objectives of an organization or
operation for trafficking in persons for a public servant to commit any act or omission in
violation of the public servant’s official duty, or to induce a public servant to commit the
act or omission.
 Knowingly assisting an organization or operation for the trafficking in persons by
transporting a person, or procuring transportation for a person, with the intent to either
conceal the person from a peace officer or to assist the person in fleeing from a peace
officer who is attempting to lawfully arrest or detain the person.
A person who violates any of the prohibitions listed above is guilty of participating in an
organization or operation for trafficking in persons, a first degree felony.2
A prosecution for participating in an organization or operation for trafficking in persons
does not preclude a prosecution of a violation of any other Revised Code section. One or more
acts, a series of acts, or a course of behavior that can be prosecuted under R.C. 2905.321 or any
other Revised Code section may be prosecuted under R.C. 2905.321, the other Revised Code
section, or both sections.3
If an offender is convicted of or pleads guilty to a felony violation of participating in an
organization or operation for trafficking in persons and also is convicted of or pleads guilty to an
1 R.C. 2905.321(A) to (D).
2 R.C. 2905.321(E).
3 R.C. 2905.321(F).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
existing specification (furtherance of human trafficking), the court must impose as a minimum
prison term a mandatory term of not less than five years and not greater than 11 years. 4
Drug offense changes
The table below summarizes the increases to drug trafficking penalties and the
changes in amount of each drug required for the different offense levels in the bill.
4 R.C. 2929.14(B)(7)(a) and 2941.1422(A).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Drug trafficking – R.C. 2925.03
Penalty if in
Penalty if in
vicinity of school
vicinity of school,
, juvenile, or
Amount juvenile, or
Amount substance
Drug Penalty (H.B. 230 As Re- Penalty substance
(existing law) addiction
Reported) addiction services
services provider
provider or
or recovering
recovering addict
addict
< 5g F5 F4 < 5g F5 F4
>= 5g – < 10g F4 F3 >= 5g – < 10g F4 F3
>= 10g – < 20g F3 F2 >= 10g – < 20g F2 F1
>= 10g – < 20g, plus
>= 10g – < 20g, plus 2
2 or more prior
Cocaine5 F3 F2 or more prior felony F2 F1
felony drug abuse
drug abuse offenses
offenses
>= 20g – < 27g F2 F1
>= 20g – < 100g F1 F1
>= 27g – < 100g F1 F1
>= 100g F1 (MDO) F1 (MDO) >= 100g F1 (MDO) F1 (MDO)
5 R.C. 2925.03(C)(4).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Drug trafficking – R.C. 2925.03
Penalty if in
Penalty if in
vicinity of school
vicinity of school,
, juvenile, or
Amount juvenile, or
Amount substance
Drug Penalty (H.B. 230 As Re- Penalty substance
(existing law) addiction
Reported) addiction services
services provider
provider or
or recovering
recovering addict
addict
< 1g; <10 UD F5 F4 < 1g; <10 UD F3 F1
>= 1g – < 5g; >= 10 >= 1g – < 5g; >= 10
F4 F3 F1 F1
UD – < 50 UD UD – < 50 UD
>= 5g – <10g; >= 50 >= 5g – <10g; >= 50
F3 F2 F1 F1
UD – < 100 UD UD – < 100 UD
>= 10g – < 20g; >=
Fentanyl-related F2 F1
100 UD – < 200 UD
compound6 >= 10g – < 50g; >=
F1 F1
100 UD – < 500 UD
>= 20g – < 50g; >=
F1 F1
200 UD – < 500 UD
>= 50g – < 100g; >= >= 50g – < 100g; >=
F1 F1 F1 F1
500 UD – < 1000 UD 500 UD – < 1000 UD
>= 100g; >= 1000
F1 (MDO) F1 (MDO) >= 100g; >= 1000 UD F1 (MDO) F1 (MDO)
UD
6 R.C. 2925.03(C)(9).
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As Passed by the House
Office of Research and Drafting LSC Legislative Budget Office
Drug trafficking – R.C. 2925.03
Penalty if in
Penalty if in
vicinity of school
vicinity of school,
, juvenile, or
Amount juvenile, or
Amount substance
Drug Penalty (H.B. 230 As Re- Penalty