In her committee hearing, White attributed these electronic devices as a central cause of the “skyrocketing” uptick in car thefts, to the tune of 850,000 vehicles across the country. She said the bill was sparked by a request from Dayton Police Department, which supported the measure throughout its legislative journey in the House.
Often, Lt. Randy Beane of Dayton PD told House lawmakers, car thieves break the windows of push-start cars and plug a key-reprogramming device into the dash, creating a new “set” of keys and rendering the owner’s keys inoperable. Car thieves can then go on to destroy or disable the vehicle’s GPS system, making it impossible to track, and then sell the car for parts.
Beane said police found a key-reprogramming device at a so-called “chop shop” in Dayton that was used to steal 60 vehicles. He warned lawmakers at the devices’ accessibility, range, and ease of use.
“One of the most commonly seen models advertises that the key reprogramming process can be completed in one minute and works on 700 different vehicles,” Beane said. “These devices can be easily obtained online or at an automotive parts store for a few hundred dollars.”
H.B. 519 now heads to the Ohio Senate for further consideration. It proposes adding these electronic devices to Ohio’s criminal code that regards possessing criminal tools.
Ohio law already makes it illegal to own “any substance, device, instrument, or article” with the purpose to use it criminally. It adds that certain items can count as “prima-facie evidence of criminal purpose” — essentially meaning that owning such items, on its face, suggests criminal intent.
Current law describes those prima-facie conditions as “any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating ... legitimate use,” and any instrument “designs or specially adapted for criminal use” or instruments “commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.”
House Bill 519 would add “an electronic device or tool under circumstances indicating an intent to commit a theft offense that involves a motor vehicle,” to the section.
It defines the devices as “designed or adapted for use in unlocking or turning on a motor vehicle and does not include a previously issued or activated electronic card, key, or other electronic device assigned to the lawful owner of a motor vehicle.”
The penalty for possessing criminal tools is a first-degree misdemeanor, which moves up to a fifth-degree felony if the tool was meant to be used in a felony crime. If the tool actually was involved in an offense, H.B. 519 increases the penalty to a fourth-degree felony.
White said H.B. 519, if passed by the Senate, would equip Ohio prosecutors and law enforcement “with an additional tool of their own in their effort to prevent and prosecute vehicle thefts and thefts from vehicles,” while also giving defendants the chance to prove their innocence.
In addition to changes on criminal tools, White’s bill also creates a repeat “motor vehicle theft” classification for juveniles, which would go into effect if a juvenile under adjudication had previously been adjudicated a delinquent for committing a vehicle theft or for possessing criminal tools. Courts would then be required to admit the minor to a juvenile correction facility or some other detention or rehabilitative institution.
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Avery Kreemer can be reached at 614-981-1422, on X, via email, or you can drop him a comment/tip with the survey below.
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