Bill Text: OH HB378 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2011-11-15 - To Transportation, Public Safety & Homeland Security [HB378 Detail]
Download: Ohio-2011-HB378-Introduced.html
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Representative Young
Cosponsors:
Representatives Adams, J., Beck, Blessing
| To enact section 109.5722 of the Revised Code to | 1 |
| generally require the cancellation of an | 2 |
| undocumented alien's driver's license and voter | 3 |
| registration and the termination of any benefits | 4 |
| the undocumented alien receives from programs | 5 |
| administered or supervised by the Department of | 6 |
| Job and Family Services, if the undocumented alien | 7 |
| is arrested, identified as an undocumented alien | 8 |
| by a federal fingerprint database, and has been | 9 |
| issued a driver's license or provided a false or | 10 |
| altered driver's license or another person's | 11 |
| driver's license for identification at the time of | 12 |
| arrest or processing. | 13 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 109.5722 of the Revised Code be | 14 |
| enacted to read as follows: | 15 |
| Sec. 109.5722. (A) As used in this section: | 16 |
| (1) "Alien" means an individual who is not a citizen of the | 17 |
| United States. | 18 |
| (2) "Driver's license" has the same meaning as in section | 19 |
| 2108.01 of the Revised Code. | 20 |
| (3) "Law enforcement agency" means any organization or unit | 21 |
| comprised of law enforcement officers. | 22 |
| (4) "Law enforcement officer" has the same meaning as in | 23 |
| section 2901.01 of the Revised Code. | 24 |
| (B)(1) If the bureau of criminal identification and | 25 |
| investigation or a county sheriff directly or indirectly submits | 26 |
| the fingerprints of a person who has been arrested by a law | 27 |
| enforcement agency and fingerprinted by the sheriff's department | 28 |
| during the person's processing at a county jail to the federal | 29 |
| bureau of investigation's integrated automated fingerprint | 30 |
| identification system or the department of homeland security's | 31 |
| automated biometric identification system and receives a response | 32 |
| from either system stating that the fingerprints submitted match | 33 |
| the fingerprints of an undocumented alien, the bureau of criminal | 34 |
| identification and investigation or sheriff's department shall | 35 |
| determine if the registrar of motor vehicles or a deputy registrar | 36 |
| issued the arrestee a driver's license and if the arrestee | 37 |
| provided or displayed a false or altered driver's license or | 38 |
| another person's driver's license as identification at the time of | 39 |
| arrest or processing. | 40 |
| (2) If the bureau of criminal identification and | 41 |
| investigation or sheriff's department determines that the | 42 |
| registrar of motor vehicles or a deputy registrar issued the | 43 |
| arrestee described in division (B)(1) of this section a driver's | 44 |
| license or the arrestee provided or displayed a false or altered | 45 |
| driver's license or another person's driver's license as | 46 |
| identification at the time of arrest or processing, the bureau of | 47 |
| criminal identification and investigation or sheriff's department | 48 |
| shall notify the attorney general and provide the attorney general | 49 |
| with a copy of the response from the federal identification system | 50 |
| the bureau of criminal identification and investigation or | 51 |
| sheriff's department received pursuant to division (B)(1) of this | 52 |
| section. | 53 |
| (C) The attorney general in a format to be determined by the | 54 |
| attorney general shall notify the bureau of motor vehicles, the | 55 |
| secretary of state, the department of job and family services, and | 56 |
| the arrestee who is the subject of the notice of having received | 57 |
| the notice under division (B)(2) of this section. | 58 |
| (D)(1) The secretary of state shall determine if the arrestee | 59 |
| who is the subject of a notice received under division (C) of this | 60 |
| section is registered to vote in this state. If the arrestee is | 61 |
| registered to vote in this state, the secretary of state shall | 62 |
| cancel the arrestee's voter registration and notify the arrestee | 63 |
| of the cancellation. | 64 |
| (2) The department of job and family services shall determine | 65 |
| if the arrestee who is the subject of a notice received under | 66 |
| division (C) of this section receives any benefits from programs | 67 |
| administrated or supervised by the department of job and family | 68 |
| services. If the arrestee receives benefits from any of these | 69 |
| programs, the department shall terminate the arrestee's receipt of | 70 |
| all benefits from the program and notify the arrestee of the | 71 |
| termination unless the termination of a benefit is prohibited by a | 72 |
| federal statute or regulation. | 73 |
| (3) The bureau of motor vehicles shall cancel any driver's | 74 |
| license issued to the arrestee who is the subject of a notice | 75 |
| received under division (C) of this section and notify the | 76 |
| arrestee of the cancellation. | 77 |
| (E) An arrestee who loses rights, privileges, or benefits | 78 |
| under division (D) of this section may obtain those rights, | 79 |
| privileges, and benefits at a later date if the arrestee meets all | 80 |
| licensing, registration, benefit, and residency requirements for | 81 |
| the rights, privileges, or benefits at that later date. | 82 |
| (F) The attorney general shall adopt rules pursuant to | 83 |
| Chapter 119. of the Revised Code to provide for the timely | 84 |
| transfer of information between agencies under divisions (B), (C), | 85 |
| and (D) of this section. | 86 |
| (G) The secretary of state, department of job and family | 87 |
| services, and bureau of motor vehicles shall compile monthly data | 88 |
| on the number of arrestees who lose rights, privileges, and | 89 |
| benefits under division (D) of this section. The secretary of | 90 |
| state, department of job and family services, and bureau of motor | 91 |
| vehicles shall compile the data for each month by the end of the | 92 |
| following month. The secretary of state, department of job and | 93 |
| family services, and bureau of motor vehicles shall send the | 94 |
| compiled data to the attorney general at the attorney general's | 95 |
| request. The secretary of state, department of job and family | 96 |
| services, and bureau of motor vehicles shall send the data to the | 97 |
| attorney general within sixty days after receiving the attorney | 98 |
| general's request. The attorney general shall post the compiled | 99 |
| data for each calendar quarter in a readily accessible format on | 100 |
| the attorney general's web site prior to the end of the next | 101 |
| calendar quarter. | 102 |
