Ohio Senate Bill 221 - STRONG Ohio

Regards firearm protection orders/seller protection certificates

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
  • Modifies the existing mechanism pursuant to which a probate court may order involuntary treatment for a person suffering from alcohol and other drug abuse
  • 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
  • Provide a new exception to the testimonial privilege for physicians, advanced practice registered nurses, and dentists that specifies that the privilege does not apply in any proceeding filed under the law regarding: (1) guardians and conservatorships, (2) the Department of Mental Health and Addiction Services, (3) the hospitalization of mentally ill persons, (4) the Department of Developmental Disabilities, or (5) adult protective services
  • Expand provisions that require certain medical personnel and facilities to provide to a law enforcement officer results of a drug or alcohol test given to a person, with respect to a criminal investigation, action, or proceeding

PRIMARY SPONSORS:

Senator Dolan

SECONDARY SPONSORS:

Senators Hoagland and Lehner

COMMITTEE:

Senate Government Oversight and Reform Committee

COMPANION BILL:

House Bill 338

LINK TO BILL:

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA133-SB-221

LEGISLATION STATUS:

https://www.legislature.ohio.gov/legislation/legislation-status?id=GA133-SB-221

BILL STATUS:

Senate Activity

Introduced in the Senate on October 15, 2019

Referred to Committee on October 23, 2019

Committee Hearings on: 

November 5, 2019

November 13, 2019

December 3, 2019

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