Sub. H.B. 215

127th General Assembly

(S. Judiciary – Criminal Justice)

The Senate committee added to the House-passed version of the bill provisions that:

(1) Require the Executive Director of the State Board of Pharmacy to adopt rules that specify prohibited concentrations of Salvia divinorum and salvinorin A for purposes of the prohibitions against a person operating or being in physical control of any vessel underway or manipulating any water skis, aquaplane, or similar device on Ohio waters, operating any vehicle, streetcar, or trackless trolley within Ohio, while having a prohibited concentration of the specified controlled substance in the person's system

(2) Authorize the sheriff of a county that lacks a sufficient jail or staff to convey a person who has been charged with an offense and is being held pending trial to a jail in a contiguous county in an adjoining state if the sheriff considers that jail most convenient and secure, provide that a sheriff who conveys a prisoner to another county and the county commissioners of the sheriff's county are immune from civil liability for damages suffered or caused by the prisoner while the prisoner is in the custody of the receiving sheriff, prohibit the sheriff of an Ohio county from transferring prisoners to a contiguous county in an adjoining state unless there is deposited weekly with the sheriff of the contiguous county an amount equal to the actual cost of keeping and feeding each prisoner, and provide that the minimum standards for jails applicable for jails in an adjoining state apply to a jail in that adjoining state that receives Ohio prisoners under the bill and that all other terms of the transfer of a prisoner from a county in Ohio to a contiguous county in an adjoining state be as agreed upon by the board of county commissioners, any applicable governmental entity in the receiving county, and the sheriffs involved in the transfer.

(3) Make clarifying, conforming, and technical changes in the court cost add-on for indigent drivers alcohol treatment and in certain provisions of, or that relate to, Am. Sub. S.B. 17 of the 127th General Assembly.

(4) Provide that the penalty enhancement for aggravated vehicular homicide, vehicular homicide, and vehicular manslaughter for driving under a license suspension and the requirement for a mandatory prison term in certain cases of aggravated vehicular homicide and vehicular homicide for driving under suspension also apply to driving under cancellation and driving without a license.

(5) Waive from commercial driver's license requirements under Ohio law the operation of police vehicles used to transport prisoners.

(6) Provide for suspension of the eligibility for Medicaid of certain persons confined in a state or local correctional facility.

H0215-127.doc/ar 12/16/2008