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hb667_02_PH
As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 667
2025-2026
Representative Abrams
Cosponsors: Representatives
Johnson, Robb Blasdel, Hall, T., John, White, A., Ray, Miller, K.,
Bird, Schmidt, Sigrist, Ghanbari, Thomas, C., Willis, Brennan,
Creech, Daniels, Fischer, LaRe, Lorenz, Manning, Mathews, A., Odioso,
Richardson, Stephens, Williams, Young
To
amend sections 2929.141, 2929.34, 2935.10, 2935.11, 5120.021,
5120.038, 5589.21, and 5589.211 of the Revised Code
to
enact the Reagan Tokes and Patrick Heringer Act to require certain
warrants to be entered into LEADS, to require GPS monitoring of
offenders released from prison, and to modify T-CAP requirements.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2929.141, 2929.34, 2935.10, 2935.11, 5120.021, 5120.038,
5589.21, and 5589.211 of the Revised Code be amended to read as
follows:
Sec.
2929.141.
(A)
Upon the conviction of or plea of guilty to a felony by a person on
post-release control at the time of the commission of the felony, the
court may terminate the term of post-release control, and the court
may do either of the following regardless of whether the sentencing
court or another court of this state imposed the original prison term
for which the person is on post-release control:
(1)
In addition to any prison term for the new felony, impose a prison
term for the post-release control violation. The maximum prison term
for the violation shall be the greater of twelve months or the period
of post-release control for the earlier felony
minus
any time
that
remains on
the
date
that the
person
has
spent under post-release control for the earlier
committed
the new
felony.
In all cases, any prison term imposed for the violation shall be
reduced by any prison term that is administratively imposed by the
parole board as a post-release control sanction. A prison term
imposed for the violation shall be served consecutively to any prison
term imposed for the new felony. The imposition of a prison term for
the post-release control violation shall terminate the period of
post-release control for the earlier felony.
(2)
Impose a sanction under sections 2929.15 to 2929.18 of the Revised
Code for the violation that shall be served concurrently or
consecutively, as specified by the court, with any community control
sanctions for the new felony.
(B)
If a person on post-release control was acting pursuant to division
(B)(2)(b) of section 2925.11 or a related provision under section
2925.12, 2925.14, or 2925.141 of the Revised Code and in so doing
violated the conditions of a post-release control sanction based on a
minor drug possession offense, as defined in section 2925.11 of the
Revised Code, or violated section 2925.12, division (C)(1) of section
2925.14, or section 2925.141 of the Revised Code, the court shall not
impose any of the penalties described in division (A) of this section
based on the violation.
(C)
Upon the conviction of or plea of guilty to a felony by a person on
transitional control under section 2967.26 of the Revised Code at the
time of the commission of the felony, the court may, in addition to
any prison term for the new felony, impose a prison term not
exceeding twelve months for having committed the felony while on
transitional control. An additional prison term imposed pursuant to
this section shall be served consecutively to any prison term imposed
for the new felony. The sentencing court may impose the additional
prison term authorized by this section regardless of whether the
sentencing court or another court of this state imposed the original
prison term for which the person is on transitional control.
Sec.
2929.34.
(A)
A person who is convicted of or pleads guilty to aggravated murder,
murder, or an offense punishable by life imprisonment and who is
sentenced to a term of life imprisonment or a prison term pursuant to
that conviction shall serve that term in an institution under the
control of the department of rehabilitation and correction.
(B)(1)
A person who is convicted of or pleads guilty to a felony other than
aggravated murder, murder, or an offense punishable by life
imprisonment and who is sentenced to a term of imprisonment or a
prison term pursuant to that conviction shall serve that term as
follows:
(a)
Subject to divisions (B)(1)(b), (B)(2), and (B)(3) of this section,
in an institution under the control of the department of
rehabilitation and correction if the term is a prison term or as
otherwise determined by the sentencing court pursuant to section
2929.16 of the Revised Code if the term is not a prison term;
(b)
In a facility of a type described in division (G)(1) of section
2929.13 of the Revised Code, if the offender is sentenced pursuant to
that division.
(2)
If the term is a prison term, the person may be imprisoned in a jail
that is not a minimum security jail pursuant to agreement under
section 5120.161 of the Revised Code between the department of
rehabilitation and correction and the local authority that operates
the jail.
(3)(a)
As used in divisions (B)(3)(a) to (d) of this section, "voluntary
county" means any county in which the board of county
commissioners of the county and the administrative judge of the
general division of the court of common pleas of the county enter
into an agreement of the type described in division (B)(3)(b) of this
section and in which the agreement has not been terminated as
described in that division.
(b)(i)
In any voluntary county, the board of county commissioners of the
county and the administrative judge of the general division of the
court of common pleas of the county may agree to having the county
participate in the targeted community alternatives to prison (T-CAP)
program for prisoners who serve a term in a facility pursuant to
division (B)(3)(c) of this section by submitting a memorandum of
understanding, either as a single county or jointly with other
counties, to the department of rehabilitation and correction for
approval, pursuant to section 5149.38 of the Revised Code. A board of
county commissioners and an administrative judge of a court of common
pleas that enter into an agreement of the type described in this
division may terminate the agreement, but a termination under this
division shall take effect only at the end of the state fiscal
biennium in which the termination decision is made.
(ii)
The department of rehabilitation and correction shall establish
deadlines for a voluntary county to indicate the voluntary county's
participation in the targeted community alternatives to prison
(T-CAP) program before each state fiscal biennium.
(iii)
In reviewing a submitted memorandum of understanding for approval,
the department of rehabilitation and correction shall prioritize a
voluntary county that has previously been a voluntary county. The
department of rehabilitation and correction may review a memorandum
of understanding for a new voluntary county if the general assembly
has appropriated sufficient funds for that purpose.
(c)
Except as provided in division (B)(3)(d) of this section, in any
voluntary county, either division (B)(3)(c)(i) or divisions
(B)(3)(c)(i) and (ii) of this section shall apply:
(i)
On and after July 1, 2018, no person sentenced by the court of common
pleas of a voluntary county to a prison term for a felony of the
fifth degree shall serve the term in an institution under the control
of the department of rehabilitation and correction. The person shall
instead serve the sentence as a term of confinement in a facility of
a type described in division (C) or (D) of this section.
(ii)
On and after September 1, 2022, no person sentenced by the court of
common pleas of a voluntary county to a prison term for a felony of
the fourth degree shall serve the term in an institution under the
control of the department of rehabilitation and correction. The
person shall instead serve the sentence as a term of confinement in a
facility of a type described in division (C) or (D) of this section.
Nothing
in this division relieves the state of its obligation to pay for the
cost of confinement of the person in a community-based correctional
facility under division (D) of this section.
(d)
Division (B)(3)(c) of this section does not apply to any person to
whom any of the following apply:
(i)
The felony of the fourth or fifth degree was an offense of violence,
as defined in section 2901.01 of the Revised Code, a sex offense
under Chapter 2907. of the Revised Code, a violation of section
2925.03 of the Revised Code, or any offense for which a mandatory
prison term is required.
(ii)
The person previously has been convicted of or pleaded guilty to any
felony offense of violence, as defined in section 2901.01 of the
Revised Code, unless the felony of the fifth degree for which the
person is being sentenced is a violation of division (I)(1) of
section 2903.43 of the Revised Code.
(iii)
The person previously has been convicted of or pleaded guilty to any
felony sex offense under Chapter 2907. of the Revised Code.
(iv)
The
person previously has been convicted of or pleaded guilty to two or
more felony offenses that were not felony offenses of violence.
(v)
The person previously was under a community control sanction for a
felony offense that was not a felony offense of violence, and the
person's period of community control was terminated because of the
revocation of community control or unsuccessful completion of the
period of community control.
(vi)
The person was under post-release control at the time the person
committed the felony of the fourth or fifth degree.
(vii)
The
person's sentence is required to be served concurrently to any other
sentence imposed upon the person for a felony that is required to be
served in an institution under the control of the department of
rehabilitation and correction.
(C)
A person who is convicted of or pleads guilty to one or more
misdemeanors and who is sentenced to a jail term or term of
imprisonment pursuant to the conviction or convictions shall serve
that term in a county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse; in a community alternative
sentencing center or district community alternative sentencing center
when authorized by section 307.932 of the Revised Code; or, if the
misdemeanor or misdemeanors are not offenses of violence, in a
minimum security jail.
(D)
Nothing in this section prohibits the commitment, referral, or
sentencing of a person who is convicted of or pleads guilty to a
felony to a community-based correctional facility.
Sec.
2935.10.
(A)
As
used in this section:
(1)
"Detention" has the same meaning as in section 2921.01 of
the Revised Code.
(2)
"Public safety answering point" has the same meaning as in
section 128.01 of the Revised Code.
(3)
"Targeted violent offender" means an offender to whom both
of the following apply:
(a)
The offender is subject to the supervision of the adult parole
authority.
(b)
The offender has been determined to have a higher risk of reoffending
and a higher risk of committing a violent offense upon reoffending
based on the adult parole authority's use of the Ohio risk assessment
system, the state correctional institutional classification tool, the
violence predictor risk assessment, or another tool that assesses the
offender's risk of reoffending or committing a violent offense upon
reoffending.
(B)
Upon
the filing of an affidavit or complaint as provided by section
2935.09 of the Revised Code, if it charges the commission of a
felony, such judge, clerk, or magistrate, unless the judge, clerk, or
magistrate has reason to believe that it was not filed in good faith,
or the claim is not meritorious, shall forthwith issue a warrant for
the arrest of the person charged in the affidavit, and directed to a
peace officer; otherwise the judge, clerk, or magistrate shall
forthwith refer the matter to the prosecuting attorney or other
attorney charged by law with prosecution for investigation prior to
the issuance of warrant.
(B)
(C)
If the offense charged is a misdemeanor or violation of a municipal
ordinance, such judge, clerk, or magistrate may:
(1)
Issue a warrant for the arrest of such person, directed to any
officer named in section 2935.03 of the Revised Code but in cases of
ordinance violation only to a police officer or marshal or deputy
marshal of the municipal corporation;
(2)
Issue summons, to be served by a peace officer, bailiff, or court
constable, commanding the person against whom the affidavit or
complaint was filed to appear forthwith, or at a fixed time in the
future, before such court or magistrate. Such summons shall be served
in the same manner as in civil cases.
(C)
(D)
If the affidavit is filed by, or the complaint is filed pursuant to
an affidavit executed by, a peace officer who has, at the officer's
discretion, at the time of commission of the alleged offense,
notified the person to appear before the court or magistrate at a
specific time set by such officer, no process need be issued unless
the defendant fails to appear at the scheduled time.
(D)
(E)
Any person charged with a misdemeanor or violation of a municipal
ordinance may give bail as provided in sections 2937.22 to 2937.46 of
the Revised Code, for the person's appearance, regardless of whether
a warrant, summons, or notice to appear has been issued.
(E)
(F)
Any warrant, summons, or any notice issued by the peace officer shall
state the substance of the charge against the person arrested or
directed to appear.
(F)
(G)
When the offense charged is a misdemeanor, and the warrant or summons
issued pursuant to this section is not served within two years of the
date of issue, a judge or magistrate may order such warrant or
summons withdrawn and the case closed, when it does not appear that
the ends of justice require keeping the case open.
(G)(1)
(H)(1)
Any warrant issued for
a
tier one offense
any
of the following
shall
be entered, by the law enforcement agency requesting the warrant and
within forty-eight hours of receipt of the warrant, into the law
enforcement automated data system created by section 5503.10 of the
Revised Code, and known as LEADS, and the appropriate database of the
national crime information center (NCIC) maintained by the federal
bureau of investigation
:
(a)
A tier one offense;
(b)
A person who is under detention and breaks detention or fails to
return to detention and who is under a community control sanction or
a residential sanction for committing a tier one offense;
(c)
A person who is under detention and breaks detention or fails to
return to detention, who is under a community control sanction or a
residential sanction, and who is a targeted violent offender
.
(2)
All warrants issued
for
tier one offenses
under
division (H)(1) of this section
shall
be entered, by the law enforcement agency that receives the warrant
with a nationwide extradition radius, into the law enforcement
automated data system created by section 5503.10 of the Revised Code,
and known as LEADS.
(3)
If a warrant is issued under division (H)(1)(b) or (c) of this
section, the law enforcement agency requesting the warrant, within
forty-eight hours of receipt of the warrant, shall notify the public
safety answering point of the warrant.
(4)
If a law enforcement agency discovers that a warrant entered pursuant
to section
(G)(1)
(H)(1)
of this section into the law enforcement automated data system and
the appropriate database of the national crime information center
(NCIC) maintained by the federal bureau of investigation was entered
in error, the law enforcement agency shall remove the warrant from
the law enforcement automated data system and the appropriate
database of the national crime information center (NCIC) maintained
by the federal bureau of investigation within forty-eight hours
following the discovery of the error.
(4)
(5)
If a warrant is entered pursuant to division
(G)(1)
(H)(1)
of this section into the law enforcement automated data system and
the national crime information center (NCIC) maintained by the
federal bureau of investigation, a law enforcement agency shall
remove the warrant from the system and center within forty-eight
hours of warrant service or dismissal or recall by the issuing court.
Sec.
2935.11.
If
the person summoned to appear as provided in division
(B)
(C)
of section 2935.10 of the Revised Code fails to appear without just
cause and personal service of the summons was had upon
him
the
person
,
he
the
person
may be found guilty of contempt of court, and may be fined not to
exceed twenty dollars for such contempt. Upon failure to appear the
court or magistrate may forthwith issue a warrant for
his
the
person's
arrest.
Sec.
5120.021.
(A)
The provisions of Chapter 5120. of the Revised Code, as they existed
prior to July 1, 1996, and that address the duration or potential
duration of incarceration or parole or other forms of supervised
release, apply to all persons upon whom a court imposed a term of
imprisonment prior to July 1, 1996, and all persons upon whom a
court, on or after July 1, 1996, and in accordance with law existing
prior to July 1, 1996, imposed a term of imprisonment for an offense
that was committed prior to July 1, 1996.
(B)(1)
The provisions of Chapter 5120. of the Revised Code, as they exist on
or after July 1, 1996, and that address the duration or potential
duration of incarceration or supervised release, apply to all persons
upon whom a court imposed a stated prison term for an offense
committed on or after July 1, 1996.
(2)
The provisions of Chapter 5120. of the Revised Code, as they exist on
or after
the effective date of this amendment
March 22, 2019
,
and
prior to the effective date of this amendment,
apply
to an offender who is released from confinement in a state
correctional institution on or after
that date
March 22, 2019, and prior to the effective date of this amendment.
(3)
The provisions of Chapter 5120. of the Revised Code, as they exist on
or after the effective date of this amendment, apply to an offender
who is released from confinement in a state correctional institution
on or after that date
.
(C)
Nothing in this section limits or affects the applicability of any
provision in Chapter 5120. of the Revised Code, as amended or enacted
on or after July 1, 1996, that pertains to an issue other than the
duration or potential duration of incarceration or supervised
release, to persons in custody or under the supervision of the
department of rehabilitation and correction.
Sec.
5120.038.
(A)
As used in this section, "GPS-monitored offender" means an
offender who, on or after the effective date of
divisions (B) to (D) of
this section, is released from confinement in a state correctional
institution under a conditional pardon, parole, other form of
authorized release, or transitional control that includes global
positioning system monitoring as a condition of the person's release,
or who, on or after that date, is placed under post-release control
that includes global positioning system monitoring as a condition
under the post-release control.
(B)
Not later than June 30, 2019, the department of rehabilitation and
correction shall study the feasibility of contracting with a
third-party contract administrator for global position system
monitoring that would include a crime scene correlation program that
could interface by link with a statewide database for GPS-monitored
offenders. The study also shall analyze the use of GPS monitoring as
a supervision tool. In conducting the study, the department shall
consider all of the following factors:
(1)
The ability of the department or another state entity to establish
and operate a statewide internet database of GPS-monitored offenders
and the specific information that such a database could include.
(2)
The capability for a GPS monitoring system run by a third-party
contract administrator to include a crime scene correlation program
that interfaces by link with a statewide database of GPS-monitored
offenders.
(3)
The ability of local law enforcement representatives to remotely
search a statewide internet database of GPS-monitored offenders that
is linked with a crime scene correlation program.
(4)
The capability for a GPS monitoring system with crime scene
correlation features to allow local law enforcement representatives
without a subpoena or warrant to access information contained in the
crime scene correlation program about a GPS-monitored offender,
including the offender's current location, the offender's location at
previous points in time, the location of recent criminal activity in
or near the offender's inclusionary or exclusionary zones included as
restrictions under the offender's supervision, and any possible
connection between the offender's location and that recent criminal
activity.
(5)
The ability of law enforcement representatives to obtain, without a
warrant or subpoena, information about a GPS-monitored offender from
either an employee of the department or a third-party contract
administrator who is monitoring the offender, including information
of the types listed in division (B)(4) of this section.
(6)
The types of offenders for whom GPS monitoring would be beneficial,
the appropriate length for monitoring, and the costs related to GPS
monitoring.
(C)
Upon completion of the study specified in division (B) of this
section, the department shall submit copies of the study to the
president and minority leader of the senate, the speaker and minority
leader of the house of representatives, and the governor.
(B)(1)
On and after the effective date of this amendment, each global
positioning system monitor that is used to monitor a GPS-monitored
offender shall specify and monitor restrictions for the offender. The
restrictions shall include for the offender inclusionary zones and
exclusionary zones, and may include for the offender a curfew
specifying times of required presence in the inclusionary zone and
any other reasonable restrictions.
(2)
On or after the effective date of this amendment, the department of
rehabilitation and correction shall contract with a single vendor for
global positioning system monitoring of GPS-monitored offenders under
this section. Any contract that the department of rehabilitation and
correction enters into on or after the effective date of this
amendment with a vendor for global positioning system monitoring of
GPS-monitored offenders shall require all of the following:
(a)
That the global positioning system used by the vendor to perform the
actual monitoring of the offender include a crime scene correlation
program;
(b)
That the crime scene correlation program included in the vendor's
global positioning system to perform the actual monitoring of the
offender will allow local law enforcement representatives or their
designees to obtain, without need for a subpoena or warrant,
real-time access or active global positioning system access to
information contained in the program about a GPS-monitored offender's
location at that time and, to the extent that it is available, at
other previous points in time identified by the representative or
designee, about the location of recent criminal activity in or near
the offender's inclusionary or exclusionary zones, and about any
possible connection between the offender's location and that recent
criminal activity;
(c)
That the global positioning system used by the vendor to perform the
actual monitoring of the offender be monitored continuously and that
the access described in division (B)(2)(b) of this section be
afforded twenty-four hours a day and seven days a week.
(C)(1)
On and after the effective date of this amendment, the vendor used
for global positioning system monitoring of a GPS-monitored offender
shall comply in the monitoring of the offender with system
requirements of the department of rehabilitation and correction that
exist on that date for global positioning system monitoring of such
offenders.
(2)
If, on the effective date of this amendment, the department of
rehabilitation and correction has not established system requirements
of the type described in division (C)(1) of this section, within a
reasonable period of time after that effective date, the department
shall establish system requirements for global positioning system
monitoring of GPS-monitored offenders. After establishment of the
requirements, the department and the vendor used for global
positioning system monitoring shall comply with the established
system requirements in the monitoring of a GPS-monitored offender.
(D)
The department of rehabilitation and correction may, in accordance
with Chapter 119. of the Revised Code, adopt rules prescribing
procedures for implementing the global positioning system monitoring
of a GPS-monitored offender under this section.
Sec.
5589.21.
(A)
No railroad company shall obstruct, or permit or cause to be
obstructed a public street, road, or highway, by permitting a
railroad car, locomotive, or other obstruction to remain upon or
across it for longer than five minutes, to the hindrance or
inconvenience of travelers or a person passing along or upon such
street, road, or highway.
(B)
At the end of each five minute period of obstruction of a public
street, road, or highway, each railroad company shall cause such
railroad car, locomotive, or other obstruction to be removed for
sufficient time, not less than three minutes, to allow the passage of
persons and vehicles waiting to cross.
(C)
This section does not apply to obstruction of a public street, road,
or highway by a continuously moving through train or caused by
circumstances wholly beyond the control of the railroad company, but
does apply to other obstructions, including without limitation those
caused by stopped trains and trains engaged in switching, loading, or
unloading operations.
(D)
If a railroad car, locomotive, or other obstruction is obstructing a
public street, road, or highway in violation of division (A) of this
section and the violation occurs in the unincorporated area of one or
more counties, or in one or more municipal corporations, the officers
and employees of each affected county or municipal corporation may
charge the railroad company with only one violation of the law
arising from the same facts and circumstances and the same act.
(E)
Upon the filing of an affidavit or complaint for violation of
division (A) of this section, summons shall be issued to the railroad
company pursuant to division
(B)
(C)
of section 2935.10 of the Revised Code, which summons shall be served
on the regular ticket or freight agent of the company in the county
where the offense occurred.
Sec.
5589.211.
No
railroad company shall obstruct, or permit or cause to be obstructed,
a public street, road, or highway, by permitting any part of a train
whose crew has abandoned the locomotive to remain across it for
longer than five minutes to the hindrance or inconvenience of
travelers or a person passing along or upon the street, road, or
highway, unless the safety of the train crew requires them to abandon
the locomotive.
Upon
the filing of an affidavit or complaint for violation of this
section, summons shall be issued to the railroad company pursuant to
division
(B)
(C)
of section 2935.10 of the Revised Code, which summons shall be served
on the regular ticket or freight agent of the company in the county
where the offense occurred.
Section
2.
That
existing sections 2929.141, 2929.34, 2935.10, 2935.11, 5120.021,
5120.038, 5589.21, and 5589.211 of the Revised Code are hereby
repealed.
Section
3.
This
act shall be known as the Reagan Tokes and Patrick Heringer Act.