Ohio House Bill 338 - Mental Health Awareness and Community Violence Protection Act

Enacts Mental Health Awareness and Community Violence Protection Act

SUMMARY:

Part of the STRONG Ohio Plan proposed by Governor DeWine this legislation would:

  • Create a mechanism for law enforcement officers to request, and courts to issue a "potential risk protection order" or PRPO against someone considered to be a danger to themselves or others, and would create an appeal system
  • Extend existing emergency mental health evaluation law, also known as "pink slip law", to also authorize a law enforcement officer to take a person into custody for evaluation if the officer files a petition for a PRPO against the person, and would create procedures regarding that person
  • Extend existing emergency mental health evaluation law, also known as "pink slip law", to include individuals using substances, or at risk for substance abuse for the purpose of prohibiting those individuals from obtaining firearms.
  • Create additional offenses subject to "disability" from possession of a firearm or other dangerous ordnance. These offenses would include domestic violence, being under a PRPO, and violation of a PRPO
  • Require that law enforcement enter any records or PRPO's into the Law Enforcement Automated Data System, known as LEADS, and are accepted into the National Crime Information Center (NCIC) Protection Order Database maintained by the FBI.
  • Prohibit a person from filing a false or incorrect PRPO
  • Modify some of the prohibitions under the offense of "unlawful transactions in weapons", and include new prohibitions and exemptions from the sale of firearms or other dangerous ordnances, including a mechanism for background checks. These background checks would include any notice of a PRPO

PRIMARY SPONSORS:

Representative Greenspan

SECONDARY SPONSORS:

COMMITTEE:

House Health Committee

COMPANION BILL:

Senate Bill 221

LINK TO BILL:

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-HB-338

LEGISLATION STATUS:

https://www.legislature.ohio.gov/legislation/legislation-status?id=GA133-HB-338

BILL STATUS:

House Activity

Introduced in the House on September 17, 2019

Referred to Committee on September 24, 2019

Committee Hearings on:

October 22, 2019

November 19, 2019

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