(c) The person owns the real property described in division (F)(4)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. (B) No person shall knowingly transport or have a loaded firearm in a . This rating signifies that a large number of the lawyers peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards. (2) Division (A) of this section does not apply to a person if all of the following circumstances apply: (a) The person discharges a firearm from a motor vehicle at a coyote or groundhog, the discharge is not during the deer gun hunting season as set by the chief of the division of wildlife of the department of natural resources, and the discharge at the coyote or groundhog, but for the operation of this section, is lawful. (a) No person shall knowingly discharge a firearm while in or on a motor vehicle. This recognizes that removing the ball and main charges from a muzzle-loader without firing it is both difficult and dangerous. (B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle. (H) No person who is charged with a violation of division (B), (C), or (D) of this section shall be required to obtain a license or temporary emergency license to carry a concealed handgun under (5) Divisions (B) and (C) of this section do not apply to a person who transports or possesses a handgun in a motor vehicle if, at the time of that transportation or possession, all of the following apply: (a) The person transporting or possessing the handgun is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code. In comparison to men, women are at a greater risk. section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under (c) Either the handgun is in a holster and in plain sight on the person's person or the handgun is securely encased by being stored in a closed, locked glove compartment or in a case that is in plain sight and that is locked. (F) (1) This section does not apply to officers, agents, or employees of this or any other state or the United States, or to law enforcement officers, when authorized to carry or have loaded or accessible firearms in motor vehicles and acting within the scope of their duties. The rationale for this is that even if a loaded weapon is lying openly on the seat, it is still concealed from the view of anyone approaching the car, such as a law enforcement officer, and can be used without warning the same as if it were truly hidden. Under this section, he may put it in a case. Ohio for Improperly Handling Firearms in a Motor H.B. Copyright 2023 MH Sub I, LLC dba Internet Brands. Ohio Revised Code / Title 29 Crimes-Procedure / Chapter 2923 Conspiracy, Attempt, and Complicity; Weapons Note that the core element of the offense is the knowing commission of it. You should also be familiar with the defense strategies for these types of cases and the criteria for evaluating attorneys. (E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under In essence, the section says that firearms in a motor vehicle must be unloaded, and must be carried in any of the following ways: (1) in a case; (2) in a compartment, such as the trunk, which can be reached only by leaving the vehicle; (3) in plain sight and secured in a rack or holder made for the purpose; or (4) in plain sight with the action open or the weapon stripped or, if the weapon is of a type on which the action will not stay open or which cannot easily be stripped, simply in plain sight. The penalties for DUI / OVI are discussed in additional pages of this website. section 109.69 of the Revised Code. 12, Acts 2004, effective April 8, 2004, rewrote the section. Subscribe to Justia's Do Not Sell or Share My Personal Information. (2) "Occupied structure" has the same meaning as in section 2909.01 of the Revised Code. (b) The attorney general shall develop a public media advisory that summarizes the expungement procedure established under section 2953.37 of the Revised Code and the offenders identified in division (H)(2)(a) of this section and those identified in division (E)(2) of section 2923.12 of the Revised Code who are authorized to apply for the expungement. (c) The person is on or in an all-purpose vehicle as defined in section 1531.01 of the Revised Code on private or publicly owned lands or on or in a motor vehicle that is parked on a road that is owned or administered by the division of wildlife. While misdemeanor charges will not simply disappear from a criminal record on their own after a certain amount of time, the individual whose record is tainted by a misdemeanor charge or conviction may request that the charge or conviction be expunged from Yesterday I was charged with Ohio State Code 2923.16 & 2933.12 which is Improper handling of a firearm while in a vehicle & carrying a concealed weapon. To make a long story short, I forgot to take Violation of division (A) of this section is a felony of the fourth degree. featuring summaries of federal and state (b) The motor vehicle is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture. Such a firearm must be twenty-four inches in overall length, as measured from the muzzle to the part of the stock furthest from the muzzle and if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (E)(3) or (5) of this section, the offender's concealed handgun license shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. Conspiracy, Attempt, and Complicity; Weapons Control; Corrupt Activity. A: In Ohio, the crime of Improperly Handling Firearms generally is committed by transporting a firearm in an unlawful manner, discharging it from the vehicle, or possessing it in a motor vehicle while under the influence. He was 61 years old on the day of the booking. Member at firm Joslyn Criminal Defense Law Firm, Expungement or the sealing of records is available for misdemeanor charges in Ohio. Also, the section prohibits having a loaded firearm in a motor vehicle, placed so that it is accessible to the driver or any passenger without leaving the vehicle. of improperly handling firearms in a motor vehicle in violation of R.C. (4) "Tenant" has the same meaning as in section 1531.01 of the Revised Code. An individual may not knowingly transport or possess a loaded firearm if that person is under the influence of drugs, alcohol, or a combination of both or if the individual is under the influence of drugs or alcohol and has a blood alcohol content level prohibited in ORC 4511.19, irrespective of whether that person is a driver or passenger in the motor vehicle. 9, HB 1, 101.01, eff. (b) The person discharges a firearm at a wild quadruped or game bird as defined in section 1531.01 of the Revised Code during the open hunting season for the applicable wild quadruped or game bird. There is one Ohio statute which prohibits improperly handling firearms in a motor vehicle. Free Newsletters Euclid, OH Code of Ordinances. (2) It is an affirmative defense to a charge under division (B) or (C) of this section of improperly handling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose and while the motor vehicle was on the actor's own property, provided that this affirmative defense is not available unless the person, immediately prior to arriving at the actor's own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by division (B) or (C) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic. As the charges depend on proof of DUI / OVI, other pages of this website will be helpful, as they explain many aspects of DUI / OVI defense. The attorney general may provide the advisory in a tangible form, an electronic form, or in both tangible and electronic forms. However, that statute can be violated in many ways because the statute has many prohibitions. of improperly handling firearms in a motor vehicle in violation of R.C. Details for individual reviews received before 2009 are not displayed. (b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture. Also, section 2923.16 does not apply to authorized state and federal officers, agents, and employees and law enforcement officers acting in the scope of their duties. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. The contact form sends information by non-encrypted email, which is not secure. Free Newsletters (c) The person is on or in an electric-powered all-purpose vehicle as defined in section 1531.01 of the Revised Code or a motor vehicle that is parked on a road that is owned or administered by the division of wildlife, provided that the road is identified by an electric-powered all-purpose vehicle sign. If you have a concealed carry permit, you may lose it. What are the different Martindale-Hubbell Peer Review Ratings?*. More often than not, people are charged at the felony level. (b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture. The following acts must not be done with awareness, intent, and purpose: ORC 2923.16 (D) (1-2): Prohibition Against Alcohol or Substance Abuse. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. The individual who is carrying and/or transporting the loaded weapon must remain inside the vehicle and keep his or her hands within plain sight while in law enforcements presence when the latter begins to approach and until law enforcement leaves, unless otherwise directed. Effective Date: 04-08-2004; 03-14-2007; 2008 SB209 06-25-2008; 2008 SB184 09-09-2008. (c) The person owns the real property described in division (F)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. DUI / OVI is categorized as a first-degree misdemeanor. The definition of motor vehicle is outlined in ORC 4511.01.Concealed carry laws are enunciated in ORC 2923.12 et. If at the time of the stop of the offender for a traffic stop, for another law enforcement purpose, or for a purpose defined in section 5503.34 of the Revised Code that was the basis of the violation any law enforcement officer involved with the stop or the employee of the motor carrier enforcement unit who made the stop had actual knowledge of the offenders status as a licensee, a violation of division (E)(3) of this section is a minor misdemeanor, and the offenders license or temporary emergency license to carry a concealed handgun shall not be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. ELIJAH PARRIS BROOKS was booked in Butler County, Ohio for IMPROPERLY HANDLING FIREARMS IN A MOTOR VEHICLE _. Booking Number: 23010360 Booking Date: Under Ohio law, it is illegal to do the following knowingly (i.e., with awareness, intent, and purpose, per ORC 2923.16). Section 2923.16 | Improperly handling firearms in a motor vehicle. section 2923.125 [2923.12.5] or 2923.1213 [2923.12.13] of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under (a) No person 10/16/2009. (H) No person who is charged with a violation of division (B), (C), or (D) of this section shall be required to obtain a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code as a condition for the dismissal of the charge. section 2923.126 [2923.12.6] of the Revised Code, the violation is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (B) of this section, a felony of the fourth degree. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards. This section retains an existing prohibition against discharging firearms while in or on a motor vehicle, and also enacts new prohibitions against carrying firearms in motor vehicles in an improper manner. (3) "Agriculture" has the same meaning as in section 519.01 of the Revised Code. (4) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose and if the person is transporting or has a loaded handgun in the motor vehicle in any manner, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, knowingly fail to remain in the motor vehicle while stopped, or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless, regarding a failure to remain in the motor vehicle or to keep the person's hands in plain sight, the failure is pursuant to and in accordance with directions given by a law enforcement officer; (5) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose, if the person is transporting or has a loaded handgun in the motor vehicle in a manner authorized under division (E)(1) of this section, and if the person is approached by any law enforcement officer while stopped, knowingly remove or attempt to remove the loaded handgun from the holster, glove compartment, or case, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person removes, attempts to remove, grasps, holds, or has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer. (c) The person owns the real property described in division (F)(2)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. Disclaimer: These codes may not be the most recent version. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. (3) Divisions (B) and (C) of this section do not apply to a person if all of the following circumstances apply: (a) At the time of the alleged violation of either of those divisions, the person is the operator of or a passenger in a motor vehicle. (4) "Tenant" has the same meaning as in (A) No person shall knowingly discharge a firearm while in or on a motor vehicle. The officer then typically administers field sobriety tests which may result in the drivers arrest for DUI (referred to as OVI in Ohio). Muzzle-loading weapons are considered "unloaded" for purposes of this section, if the percussion cap is removed, or if there is no priming charges in the pan. The Dominy Law Firm in Columbus, Ohio provides DUI/OVI defense and criminal defense for clients in communities throughout central Ohio, including Columbus, Clintonville, Delaware, Dublin, Lewis Center, New Albany, Powell, Grandview, Gahanna, Hilliard, Marysville, Mt. (E) No person who has been issued a license or temporary emergency license to carry a concealed handgun under section 2923.125 or 2923.1213 of the Revised Code shall do any of the following: (1) Knowingly transport or have a loaded handgun in a motor vehicle unless one of the following applies: (a) The loaded handgun is in a holster on the persons person. HISTORY: 134 v H 511 (Eff 1-1-74); 135 v H 716 (Eff 1-1-74); 147 v H 275. Exemptions Apply For the Following Individuals: How Long Does a Misdemeanor Stay on Your Record in Ohio? (c) The person owns the real property described in division (D)(4)(b) of this section, is the spouse or a child of another person who owns that real property, is a tenant of another person who owns that real property, or is the spouse or a child of a tenant of another person who owns that real property. court opinions. Improper Handling of a Firearm is defined by Ohio Law as follows: No person shall knowingly discharge a firearm while in or on a motor vehicle No person shall knowingly transport or have a (G)(1) The affirmative defenses authorized in divisions (D)(1) and (2) of section 2923.12 of the Revised Code are affirmative defenses to a charge under division (B) or (C) of this section that involves a firearm other than a handgun. The person who is carrying and/or transporting the leaded weapon must not touch the weapon at any time while in law enforcements presence as the latter begins to approach, unless law enforcement otherwise directs.The person who is carrying and/or transporting the loaded weapon cannot knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the persons hands in plain sight. (iii) The handgun is securely encased by being stored in a closed glove compartment or vehicle console or in a case that is locked. Please check official sources. Mishandling a firearm in a vehicle under the influence of drugs or alcohol is either a fifth- or fourth-degree (2) If the person is transporting or has a loaded handgun in a motor vehicle in a manner authorized under division (E)(1) of this section, knowingly remove or attempt to remove the loaded handgun from the holster, case, bag, box, container, or glove compartment, knowingly grasp or hold the loaded handgun, or knowingly have contact with the loaded handgun by touching it with the persons hands or fingers while the motor vehicle is being operated on a street, highway, or public property unless the person removes, attempts to remove, grasps, holds, or has the contact with the loaded handgun pursuant to and in accordance with directions given by a law enforcement officer; (3) If the person is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and if the person is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, fail to do any of the following that is applicable: (a) If the person is the driver or an occupant of a motor vehicle stopped as a result of a traffic stop or a stop for another law enforcement purpose, fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the motor vehicle; (b) If the person is the driver or an occupant of a commercial motor vehicle stopped by an employee of the motor carrier enforcement unit for any of the defined purposes, fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a license or temporary emergency license to carry a concealed handgun and that the person then possesses or has a loaded handgun in the commercial motor vehicle. court opinions. Benjamin Jeremy Wallace, 2751 N. Ohio 48, Lebanon; indicted on one count each of improperly handling firearms in a motor vehicle; operating a vehicle under the influence of alcohol, a drug of abuse or a combination of them; and driving under suspension or in violation of license restriction. (2)(a) If a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (E) of this section as it existed prior to September 30, 2011, and the conduct that was the basis of the violation no longer would be a violation of division (E) of this section on or after September 30, 2011, or if a person is convicted of, was convicted of, pleads guilty to, or has pleaded guilty to a violation of division (E)(1) or (2) of this section as it existed prior to the effective date of this amendment, the person may file an application under section 2953.37 of the Revised Code requesting the expungement of the record of conviction. (I) Whoever violates this section is guilty of improperly handling firearms in a motor vehicle. (6) Divisions (B) and (C) of this section do not apply to a person if all of the following apply: (b) The person is on or in an all-purpose vehicle as defined in section 1531.01 of the Revised Code or a motor vehicle during the open hunting season for a wild quadruped or game bird. (D) No person shall knowingly transport or have a loaded handgun in a motor vehicle if, at the time of that transportation or possession, any of the following applies: (1) The person is under the influence of alcohol, a drug of abuse, or a combination of them. Eff 12-31-97; 150 v H 12, 1, eff. A violation of division (E)(4) of this section is a felony of the fifth degree. (B) No person shall Subscribe to Justia's (C) No person shall knowingly transport or have a firearm in a motor vehicle, unless it is unloaded and is carried in one of the following ways: (2) In a compartment that can be reached only by leaving the vehicle; (3) In plain sight and secured in a rack or holder made for the purpose; (4) In plain sight with the action open or the weapon stripped, or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight. Justia Free Databases of US Laws, Codes & Statutes. Learn more about your rights by contacting Brian Joslyn, an experienced Ohio gun crime lawyer. (5)(a) "Unloaded" means, with respect to a firearm other than a firearm described in division (K)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question, and one of the following applies: (i) There is no ammunition in a magazine or speed loader that is in the vehicle in question and that may be used with the firearm in question. (6) "Unloaded" means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan. (c) The loaded handgun is securely encased by being stored in a closed glove compartment or vehicle console or in a case that is locked. In some instances, both charges are filed together in a Common Pleas Court. License suspension, 3 day class, all that. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. A violation of division (B) of this section is whichever of the following is applicable: (1) If, at the time of the transportation or possession in violation of division (B) of this section, the offender was carrying a valid license or temporary emergency license to carry a concealed handgun issued to the offender under (d) The person does not discharge the firearm in any of the following manners: (i) While under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse; (ii) In the direction of a street, highway, or other public or private property used by the public for vehicular traffic or parking; (iii) At or into an occupied structure that is a permanent or temporary habitation; (iv) In the commission of any violation of law, including, but not limited to, a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another and that was committed by discharging a firearm from a motor vehicle. One of those charges, DUI / OVI, is a misdemeanor. Booking Number: KFJ25MW01142023. 2923.16. Improperly handling firearms in a motor vehicle. (A) No person shall knowingly discharge a firearm while in or on a motor vehicle. (B) No person shall knowingly transport or have a loaded firearm in a motor vehicle in such a manner that the firearm is accessible to the operator or any passenger without leaving the vehicle. 2923.16(B), a fourth-degree felony. The other charge, Improperly Handling Firearms in a Motor Vehicle, is a felony. You should understand the court process, what the prosecution must prove, and the possible sentences. The possible sentence Source :https://www.dominylaw.com/improperly-handling-firearms-in-ohio.html 9.Improper Handling of a Firearm Columbus and Ohio Attorney Author:www.shroylaw.com Publish:29 days ago Common Violations of Firearms Handling in Motor Vehicle. All people are presumed innocent until proven guilty in a court of law. (2) The persons whole blood, blood serum or plasma, breath, or urine contains a concentration of alcohol, a listed controlled substance, or a listed metabolite of a controlled substance prohibited for persons operating a vehicle, as specified in division (A) of section 4511.19 of the Revised Code, regardless of whether the person at the time of the transportation or possession as described in this division is the operator of or a passenger in the motor vehicle. (b) The motor vehicle from which the person discharges the firearm is on real property that is located in an unincorporated area of a township and that either is zoned for agriculture or is used for agriculture. A violation of division (D) of this section is a felony of the fifth degree or, if the loaded handgun is concealed on the person's person, a felony of the fourth degree. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (E)(4) or (6) of this section, the offenders license or temporary emergency license to carry a concealed handgun shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. (E) No person who has been issued a concealed handgun license or who is an active duty member of the armed forces of the United States and is carrying a valid military identification card and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 of the Revised Code, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in section 5503.34 of the Revised Code, and who is transporting or has a loaded handgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following: (1) Before or at the time a law enforcement officer asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an officer during the stop and the person already has notified another officer of that fact during the same stop; (2) Before or at the time an employee of the motor carrier enforcement unit asks if the person is carrying a concealed handgun, knowingly fail to disclose that the person then possesses or has a loaded handgun in the commercial motor vehicle, provided that it is not a violation of this division if the person fails to disclose that fact to an employee of the unit during the stop and the person already has notified another employee of the unit of that fact during the same stop; (3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person's hands in plain sight at any time after any law enforcement officer begins approaching the person while stopped and before the law enforcement officer leaves, unless the failure is pursuant to and in accordance with directions given by a law enforcement officer; (4) Knowingly have contact with the loaded handgun by touching it with the person's hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement officer leaves, unless the person has contact with the loaded handgun pursuant to and in accordance with directions given by the law enforcement officer; (5) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order to the person to keep the person's hands in plain sight. 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The sealing of records is available for misdemeanor charges in Ohio 8 2004! 61 years old on the day of the fifth degree, 3 day class, that. Are not displayed guarantee a similar outcome and Martindale-Hubbell accepts No responsibility the! Do not Sell or Share My Personal Information may put it in a Pleas. The content or accuracy of any Review provide the advisory in a motor vehicle in many ways because statute! Suspension, 3 day class, all that in additional pages of this website of! Gun crime lawyer, LLC dba Internet Brands firearms in a motor H.B guilty a... Apply for the content or accuracy of any Review are charged at the felony level categorized as a first-degree.! Ways because the statute has many prohibitions ; 2008 SB184 09-09-2008 reCAPTCHA and the Google Privacy and. Presumed innocent until proven guilty in a v H 716 ( Eff 1-1-74 ) ; 147 v H 12 1. The most recent version history: 134 v H 12, Acts 2004, rewrote section. 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