Changes to Ohio Criminal Law in 2025

Expanded Crimes, Sentencing Reforms, and New OVI Rules

The Ohio General Assembly has recently enacted several significant changes to the state’s criminal laws, expanding existing offenses, introducing new penalties, and modifying legal procedures. These updates aim to address emerging criminal activities, enhance public safety, and refine sentencing guidelines. These legal developments are important as they will have implications for criminal defendants, law enforcement, and legal practitioners across Ohio.

Expanded Crime of Counterfeiting

Ohio law will be expanding the offense of counterfeiting as codified under Section 2913.30 of the Ohio Revised Code to include two additional subsections. These subsections provide:

No person, with purpose to defraud or knowing that the person is facilitating a fraud shall do any of the following:

(5) Directly or indirectly use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on an access device without the permission of the authorized user of the access device, the financial institution issuing the authorized user’s access device, or a merchant.

(6) Directly or indirectly use an encoding machine to place information encoded on an access device onto a different access device without the permission of the authorized user of the access device from which the information was obtained, the financial institution issuing the authorized user’s access device, or a merchant.

Expanded Search Warrant Access to Data From Electronic Communication Service Providers or Remote Computing Services Operating in Ohio

Ohio will be enacting a new law codified under Section 2933.523 of the Ohio Revised Code that requires a provider of an electronic communication service or of a remote computing service operating in Ohio to comply with any court issued search warrant or interception warrant, regardless of whether user data is held at a location within Ohio or at a location in another state.

This new law further permits a court to issue an order on a service provider that is a corporation or entity that is incorporated or organized in Ohio, or a company or business entity doing business in Ohio under a contract or terms of a service agreement with an Ohio resident

While these provisions do not explicitly grant a defense counsel greater access, they may provide leverage to compel the State to obtain a search warrant for communications or data that could be beneficial to a defendant because this data may now be argued as “reasonably available” to the State under Ohio Criminal Rule 16.

Harsher Penalties for Aggravated Vehicular Homicide Repeat Offenders

The Ohio General Assembly passed a new amendment that increases the penalties involved for a violation of Ohio’s aggravated vehicular homicide law. The new amendments are targeted to address repeat offenders of the law. The newly amended statute establishes a more severe tiered penalty system, based on the number of prior offenses and the nature of the offense, to trigger increased minimum mandatory prison terms for aggravated vehicular homicide that is the proximate result of operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them.

The new amendment also increases the possible financial penalties for aggravated vehicular homicide committed as the proximate result of an OVI offense by raising the maximum fine to $25,000.

Additional Felony Sentencing Factors for Judges to Consider When Sentencing:

A new amendment to Section 2929.12 of the Ohio Revised Code introduces two additional factors for judges to consider in determining whether an offender’s conduct is more serious than the conduct normally constituting the offense. These factors are:

If victim of the offense suffered serious physical, psychological, or economic harm, including serious physical harm the victim caused to the victim’s self, as a result of the offense, or;

If the victim died by suicide as a result of the offense.

These factors were not previously before the court for specific consideration when determining a defendant’s sentence in a felony criminal matter.

Repealed Procedures Related to Subpoenaing Victim Records:

A recent bill passed by the Ohio General assembly that becomes effective March 18, 2025, repeals a provision of current law (Section 2933.523 of the Ohio Revised Code) that requires a defendant who seeks to subpoena records of or concerning the victim to serve the prosecutor, the victim, and the victim’s attorney, with a copy of the subpoena. Defense counsel and/or the Defendant are no longer required to serve these parties as of March 18, 2025.

The bill also repeals current law that allows the court, pursuant to Criminal Rule 17, to quash or modify the subpoena if compliance would be unreasonable or oppressive. This repeal potentially expands a Defendant’s access to materials and/or information requested from the victim and/or a related party.

The repealed provisions also provide a process for a victim to be subpoenaed by a defendant to testify at any pretrial hearing. The defendant must show good cause at a hearing with the prosecutor and the victim, victim’s representative, and victim’s attorney, if applicable, as to why the court should issue the subpoena.

Changes to Ohio’s OVI Law:

A new amendment to Ohio Revised Code Section 1547.11 authorizes law enforcement to collect an oral fluid sample from individuals arrested for an OVI. Under the new law, “oral fluid” is classified as a chemical test alongside breath, urine, whole blood, blood serum, and plasma. The law further specifies that anyone who operates a vehicle or is in physical control of a vehicle has given implied consent to have that person’s oral fluid collected and tested if arrested for OVI and imposes penalties for refusal.

Oral fluid tests alone do not establish a per se violation, as they do not measure the concentration of a drug of abuse. However, they can detect the presence and type of drug or its metabolites. As a result, it is anticipated that these tests will be used as evidence under the general OVI prohibition of being “under the influence” in combination with other supporting evidence.

The new law raises the minimum criminal fines for OVI by $190 while reducing related driver’s license reinstatement fees by $160, resulting in a net increase of $30 in minimum financial penalties. It also revises the circumstances under which courts must mandate the use of an ignition interlock device as a condition for granting limited driving privileges.

If you or a loved one are facing criminal charges, we encourage you to call us at 216-928-7700 or contact Friedman Nemecek Long & Grant, L.L.C. We will ensure that your rights are protected at every stage of your case and can help you approach this daunting process with confidence. For more information about Friedman Nemecek Long & Grant, L.L.C., please visit :www.iannfriedman.com":https://www.iannfriedman.com.