Ohio Senate OKs revised anti-terrorism bill, 32-0

Cleveland Plain Dealer | March 11 2005

FLASHBACK: Ohioans Could Be Arrested For Not Telling Police Their Name

Columbus - A revised version of an anti-terrorism bill that expands police powers sailed through the Ohio Senate on Wednesday with unanimous support.

Senate Bill 9, the so-called Ohio Patriot Act - which would strengthen anti-terrorism laws, require stricter immigration reporting and allow police more latitude for questioning criminal suspects and witnesses - now heads to the Ohio House.

Sen. Jeff Jacobson, a Dayton-area Republican and the bill's sponsor, called it a "collection of ideas with good purpose." The revised bill contains three new provisions:

Allows the Department of Public Safety access to all telephone numbers in a geographic area during an emergency.

Makes it illegal for a person with an outstanding arrest warrant to renew a driver's license.

Exempts driver's licenses from the list of licenses that can be declined for security reasons.

The bill, which had been mired in controversy since it was introduced in late January, is suddenly on the fast track. In a matter of five hours, it passed through the Senate Judiciary Criminal Committee, 9-0, and then the full Senate, 32-0.

While generally praised Wednesday by lawmakers and some opponents as a more clearly written document that now musters bilateral support, the bill still has critics.

"When we address questioning of immigration [status] within the context of a bill that is dealing with terrorism, we are in fact implying a relationship between those two," said Jeffrey Gamso, of the American Civil Liberties Union of Ohio.

Gamso is concerned about a provision requiring judges and prosecutors, but no longer police under the revised bill, to tell the U.S. Citizenship and Immigration Services of noncitizens who have been convicted of a felony.

Jacobson said he is not attempting a back-door attack on immigration laws but admitted the correlation was a concern for him as the bill was being written.

"I think the issue came up in the context of terrorism. I think the issue has been around for a while, that the [immigration service] did not do a good job of dealing with noncitizen felons," Jacobson said. "But after 9/11, the issue gained more salience. It is a problem."

Gamso also thought lawmakers should have taken more time to review the revised bill, which wasn't released until Tuesday at 5 p.m. It was the first order of business for the Judiciary Committee at 9 a.m. Wednesday.

Gamso said the bill unnecessarily expands police powers, threatening individual rights.

Sen. Marc Dann, a Youngstown Democrat, was the only lawmaker other than Jacobson to address the bill before the full Senate - which Dann said surprised even himself.

"I think we have, line by line, item by item, addressed the potential risk and threat to people's personal civil liberties," said Dann, who also sits on the Judiciary Committee and earlier chastised Gamso for "casting aspersions" on lawmakers.

The revised bill keeps nearly all of the same provisions in the original bill that caused concerns but contains clearer language.

Local municipalities are allowed to pass ordinances and resolutions against federal laws, like the Patriot Act, but still have to abide by the mandates.

A person suspected of committing or witnessing a crime only has to give a name, address and birth date to police if asked or risk arrest. People can be stopped by police near terrorist sensitive places, like airports and train stations if a checkpoint has been set up, like police use for catching drunken drivers.

A provision outlawing lasers, like the one reportedly aimed last year at a pilot approaching Cleveland Hopkins International Airport, has been removed.