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H. B. No. 378 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Adams, J., Beck, Blessing
A BILL
To enact section 109.5722 of the Revised Code to
generally require the cancellation of an
undocumented alien's driver's license and voter
registration and the termination of any benefits
the undocumented alien receives from programs
administered or supervised by the Department of
Job and Family Services, if the undocumented alien
is arrested, identified as an undocumented alien
by a federal fingerprint database, and has been
issued a driver's license or provided a false or
altered driver's license or another person's
driver's license for identification at the time of
arrest or processing.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 109.5722 of the Revised Code be
enacted to read as follows:
Sec. 109.5722. (A) As used in this section:
(1) "Alien" means an individual who is not a citizen of the
United States.
(2) "Driver's license" has the same meaning as in section
2108.01 of the Revised Code.
(3) "Law enforcement agency" means any organization or unit
comprised of law enforcement officers.
(4) "Law enforcement officer" has the same meaning as in
section 2901.01 of the Revised Code.
(B)(1) If the bureau of criminal identification and
investigation or a county sheriff directly or indirectly submits
the fingerprints of a person who has been arrested by a law
enforcement agency and fingerprinted by the sheriff's department
during the person's processing at a county jail to the federal
bureau of investigation's integrated automated fingerprint
identification system or the department of homeland security's
automated biometric identification system and receives a response
from either system stating that the fingerprints submitted match
the fingerprints of an undocumented alien, the bureau of criminal
identification and investigation or sheriff's department shall
determine if the registrar of motor vehicles or a deputy registrar
issued the arrestee a driver's license and if the arrestee
provided or displayed a false or altered driver's license or
another person's driver's license as identification at the time of
arrest or processing.
(2) If the bureau of criminal identification and
investigation or sheriff's department determines that the
registrar of motor vehicles or a deputy registrar issued the
arrestee described in division (B)(1) of this section a driver's
license or the arrestee provided or displayed a false or altered
driver's license or another person's driver's license as
identification at the time of arrest or processing, the bureau of
criminal identification and investigation or sheriff's department
shall notify the attorney general and provide the attorney general
with a copy of the response from the federal identification system
the bureau of criminal identification and investigation or
sheriff's department received pursuant to division (B)(1) of this
section.
(C) The attorney general in a format to be determined by the
attorney general shall notify the bureau of motor vehicles, the
secretary of state, the department of job and family services, and
the arrestee who is the subject of the notice of having received
the notice under division (B)(2) of this section.
(D)(1) The secretary of state shall determine if the arrestee
who is the subject of a notice received under division (C) of this
section is registered to vote in this state. If the arrestee is
registered to vote in this state, the secretary of state shall
cancel the arrestee's voter registration and notify the arrestee
of the cancellation.
(2) The department of job and family services shall determine
if the arrestee who is the subject of a notice received under
division (C) of this section receives any benefits from programs
administrated or supervised by the department of job and family
services. If the arrestee receives benefits from any of these
programs, the department shall terminate the arrestee's receipt of
all benefits from the program and notify the arrestee of the
termination unless the termination of a benefit is prohibited by a
federal statute or regulation.
(3) The bureau of motor vehicles shall cancel any driver's
license issued to the arrestee who is the subject of a notice
received under division (C) of this section and notify the
arrestee of the cancellation.
(E) An arrestee who loses rights, privileges, or benefits
under division (D) of this section may obtain those rights,
privileges, and benefits at a later date if the arrestee meets all
licensing, registration, benefit, and residency requirements for
the rights, privileges, or benefits at that later date.
(F) The attorney general shall adopt rules pursuant to
Chapter 119. of the Revised Code to provide for the timely
transfer of information between agencies under divisions (B), (C),
and (D) of this section.
(G) The secretary of state, department of job and family
services, and bureau of motor vehicles shall compile monthly data
on the number of arrestees who lose rights, privileges, and
benefits under division (D) of this section. The secretary of
state, department of job and family services, and bureau of motor
vehicles shall compile the data for each month by the end of the
following month. The secretary of state, department of job and
family services, and bureau of motor vehicles shall send the
compiled data to the attorney general at the attorney general's
request. The secretary of state, department of job and family
services, and bureau of motor vehicles shall send the data to the
attorney general within sixty days after receiving the attorney
general's request. The attorney general shall post the compiled
data for each calendar quarter in a readily accessible format on
the attorney general's web site prior to the end of the next
calendar quarter.
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