OH SB184 | 2007-2008 | 127th General Assembly

Ohio Senate Bill 184 (Prior Session Legislation)

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on September 9 2008 - 100% progression
Action: 2008-09-09 - Effective Date

Summary

To amend sections 2307.60, 2901.05, 2923.12, 2923.121, 2923.122, 2923.125, 2923.126, 2923.128, 2923.129, 2923.1210, 2923.1212, 2923.1213, 2923.16, and 2929.14 and to enact sections 2307.601, 2901.09, and 2923.163 of the Revised Code to bar recovery of damages in tort actions commenced by criminal offenders in specified circumstances even if the offender has not been charged with or convicted of any offense based on the offender's criminal conduct; to create a rebuttable presumption that a person acted in self defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of entering or has entered, unlawfully and without privilege to do so, the residence or vehicle occupied by the person using the defensive force; to provide in specified circumstances exemptions from illegal possession of firearm in liquor permit premises for the principal permit holder and the holder's agents and employees who are off-duty peace officers; to relocate the penalty for carrying a concealed firearm in liquor permit premises; to provide an exemption from illegal conveyance or possession or deadly weapon or dangerous ordnance in a school safety zone for a concealed carry licensee immediately in the process of picking up or dropping off a child; to change when a concealed carry licensee cannot carry in a government facility; to specify that a concealed carry licensee's carrying of a concealed handgun on a private, posted parking lot is not criminal trespass; to conform the OVI-related portion of improperly handling firearms in a motor vehicle to R.C. 4511.19; to revise how a concealed carry licensee may carry a handgun in a vehicle; to specify when carrying concealed weapons does not apply to transporting or storing a firearm in a motor vehicle or storing or possessing a firearm in the home; to redefine "unloaded" for purposes of improperly handling firearms in a motor vehicle and to revise the elements of that offense as they apply to an unloaded firearm; to alter the requirements for renewing a concealed carry license; to provide that an applicant's convictions or delinquent child adjudications that are sealed or expunged or for which relief from disability has been granted cannot be considered in determining eligibility for a concealed handgun license or whether to suspend or revoke such a license; to remove the requirement for a retired peace officer identification card that the officer have a nonforfeitable right to retirement benefits; to provide that a retired police officer's successful completion of a firearms requalification program requalifies the peace officer for five years for purposes of obtaining the rights of a concealed carry licensee; to prohibit a landlord from prohibiting a concealed carry licensee who is a tenant or guest from lawfully carrying or possessing handguns in residential premises; to require that the integrity and identity of a firearm seized from a person by a law enforcement officer be maintained so that if returned it can be identified and returned in the same condition as when seized; to require a court that finds that a law enforcement officer failed to return a seized firearm upon demand and that orders the officer to return it to the person to award reasonable costs and attorney's fees to the person who sought the order; to make other firearms law-related changes; to prohibit the imposition of a gun specification prison term if the base offense is any of three specified firearms-related offenses; and to remove current sentencing restrictions and impose new sentencing requirements when a court sentences an offender convicted of multiple felonies and multiple gun specifications.

Title

Self-defense/defend another-civil immunity/ presume acted properly

History

Date	Chamber	Action
2008-09-09		Effective Date
2008-06-10		Governor Action
2008-06-20		End of 10-day Period
2008-06-09		Sent to Governor
2008-04-16		Passed 3rd Consideration House
2008-04-16		Committee Report
2007-06-13		To Judiciary Criminal Justice
2007-06-13		Introduced to House
2008-05-28		Passed 3rd Consideration Senate
2008-05-28		Committee Report
2008-04-22		To Criminal Justice
2008-04-22		Introduced to Senate