As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 122 5
1997-1998 6
REPRESENTATIVES MYERS-TIBERI-BATEMAN-REID-PADGETT-HAINES-BRADING- 8
CATES-CORBIN-PRINGLE-MASON 9
11
A B I L L
To amend sections 2929.13 and 2929.18 and to enact 13
section 2925.07 of the Revised Code to prohibit 14
the preparation of drugs for sale. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That sections 2929.13 and 2929.18 be amended 18
and section 2925.07 of the Revised Code be enacted to read as 19
follows:
Sec. 2925.07. (A) NO PERSON SHALL KNOWINGLY PREPARE FOR 22
SHIPMENT, SHIP, TRANSPORT, DELIVER, PREPARE FOR DISTRIBUTION, OR 23
DISTRIBUTE A CONTROLLED SUBSTANCE WHEN THE PERSON INTENDS TO SELL 24
OR RESELL THE CONTROLLED SUBSTANCE OR WHEN THE PERSON KNOWS OR 25
HAS REASONABLE CAUSE TO BELIEVE THAT ANOTHER PERSON INTENDS TO 26
SELL OR RESELL THE CONTROLLED SUBSTANCE. 27
(B) THIS SECTION DOES NOT APPLY TO ANY PERSON LISTED IN 30
DIVISION (B) OF SECTION 2925.03 OF THE REVISED CODE TO THE EXTENT 32
AND UNDER THE CIRCUMSTANCES DESCRIBED IN THAT DIVISION. 33
(C) WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS 36
GUILTY OF ONE OF THE FOLLOWING: 37
(1) IF THE DRUG INVOLVED IN THE VIOLATION IS ANY COMPOUND, 39
MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE I OR 41
SCHEDULE II, WITH THE EXCEPTION OF MARIHUANA, COCAINE, L.S.D., 44
HEROIN, AND HASHISH, WHOEVER VIOLATES DIVISION (A) OF THIS 46
SECTION IS GUILTY OF AGGRAVATED PREPARATION OF DRUGS FOR SALE. 47
THE PENALTY FOR THE OFFENSE SHALL BE DETERMINED AS FOLLOWS: 48
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(1)(b) OF 51
2
THIS SECTION, AGGRAVATED PREPARATION OF DRUGS FOR SALE IS A 52
FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 54
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 56
PRISON TERM ON THE OFFENDER.
(b) IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 59
SCHOOL OR IN THE VICINITY OF A JUVENILE, AGGRAVATED PREPARATION 60
OF DRUGS FOR SALE IS A FELONY OF THE THIRD DEGREE, AND DIVISION 61
(C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 63
WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 64
(2) IF THE DRUG INVOLVED IN THE VIOLATION IS ANY COMPOUND, 66
MIXTURE, PREPARATION, OR SUBSTANCE INCLUDED IN SCHEDULE III, 68
SCHEDULE IV, OR SCHEDULE V, WHOEVER VIOLATES DIVISION (A) OF THIS 71
SECTION IS GUILTY OF PREPARATION OF DRUGS FOR SALE. THE PENALTY 72
FOR THE OFFENSE SHALL BE DETERMINED AS FOLLOWS: 73
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(2)(b) 76
AND (c) OF THIS SECTION, PREPARATION OF DRUGS FOR SALE IS A 78
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 79
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 82
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(2)(c) OF 85
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 86
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF DRUGS FOR 87
SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 89
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 91
WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 92
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 95
AMOUNT OF THE DRUG INVOLVED EXCEEDS THE BULK AMOUNT, PREPARATION 96
OF DRUGS FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS 97
A PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. IF THE AMOUNT 98
OF THE DRUG INVOLVED EXCEEDS THE BULK AMOUNT AND IF THE OFFENSE 99
WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 100
JUVENILE, PREPARATION OF DRUGS FOR SALE IS A FELONY OF THE THIRD 101
DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE 102
OFFENSE.
3
(3) IF THE DRUG INVOLVED IN THE VIOLATION IS MARIHUANA OR A 105
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING MARIHUANA 106
OTHER THAN HASHISH, WHOEVER VIOLATES DIVISION (A) OF THIS SECTION 107
IS GUILTY OF PREPARATION OF MARIHUANA FOR SALE. THE PENALTY FOR 108
THE OFFENSE SHALL BE DETERMINED AS FOLLOWS: 109
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(3)(b) 112
AND (c) OF THIS SECTION, PREPARATION OF MARIHUANA FOR SALE IS A 113
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 115
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 118
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(2)(c) OF 121
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 122
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF MARIHUANA 123
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 125
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 127
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 128
(c) IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS TWO HUNDRED 131
GRAMS, PREPARING MARIHUANA FOR SALE IS A FELONY OF THE FOURTH 132
DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE 135
APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE 136
OFFENDER. IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS THAT AMOUNT 137
AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR 138
IN THE VICINITY OF A JUVENILE, PREPARING MARIHUANA FOR SALE IS A 139
FELONY OF THE THIRD DEGREE, AND DIVISION (C) OF SECTION 2929.13 141
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 143
PRISON TERM UPON THE OFFENDER.
(4) IF THE DRUG INVOLVED IN THE VIOLATION IS COCAINE OR A 145
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING COCAINE, 146
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 148
PREPARATION OF COCAINE FOR SALE. THE PENALTY FOR THE OFFENSE 149
SHALL BE DETERMINED AS FOLLOWS: 150
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(4)(b) 153
AND (c) OF THIS SECTION, PREPARATION OF COCAINE FOR SALE IS A 154
FELONY OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 156
4
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 159
PRISON TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(4)(c) OF 162
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 163
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF COCAINE 164
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 166
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 168
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 169
(c) IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS FIVE GRAMS 172
OF COCAINE THAT IS NOT CRACK COCAINE OR EXCEEDS ONE GRAM OF CRACK 173
COCAINE, PREPARATION OF COCAINE FOR SALE IS A FELONY OF THE 174
FOURTH DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR 175
THE OFFENSE. IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE OF 176
THOSE AMOUNTS AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF 177
A SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF COCAINE 178
FOR SALE IS A FELONY OF THE THIRD DEGREE, AND THERE IS A 179
PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. 180
(5) IF THE DRUG INVOLVED IN THE VIOLATION IS L.S.D. OR A 184
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING L.S.D., 185
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 187
PREPARATION OF L.S.D. FOR SALE. THE PENALTY FOR THE OFFENSE 189
SHALL BE DETERMINED AS FOLLOWS:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (C)(5)(b) 192
AND (c), PREPARATION OF L.S.D. FOR SALE IS A FELONY OF THE FIFTH 195
DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE 198
APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE 199
OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(5)(c) OF 202
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 203
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF L.S.D. 205
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (D) OF 207
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 209
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 210
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 213
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AMOUNT OF THE DRUG INVOLVED EXCEEDS TEN UNIT DOSES OF L.S.D. IN A 215
SOLID FORM OR EXCEEDS ONE GRAM OF L.S.D. IN A LIQUID CONCENTRATE, 217
LIQUID EXTRACT, OR LIQUID DISTILLATE FORM, PREPARATION OF L.S.D. 219
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS A 220
PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. IF THE AMOUNT OF 221
THE DRUG INVOLVED EXCEEDS ONE OF THOSE AMOUNTS AND IF THE OFFENSE 223
WAS COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 224
JUVENILE, PREPARATION OF L.S.D. FOR SALE IS A FELONY OF THE THIRD 226
DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE 227
OFFENSE.
(6) IF THE DRUG INVOLVED IN THE VIOLATION IS HEROIN OR A 229
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING HEROIN, 230
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 232
PREPARATION OF HEROIN FOR SALE. THE PENALTY FOR THE OFFENSE 233
SHALL BE DETERMINED AS FOLLOWS: 234
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(6)(b) AND 237
(c) OF THIS SECTION, PREPARATION OF HEROIN FOR SALE IS A FELONY 238
OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE 241
REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON 243
TERM ON THE OFFENDER.
(b) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(6)(c) OF 246
THIS SECTION, IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 247
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF HEROIN 248
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 250
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 252
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 253
(c) EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, IF THE 256
AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE GRAM, PREPARATION OF 257
HEROIN FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND THERE IS A 258
PRESUMPTION FOR A PRISON TERM FOR THE OFFENSE. IF THE AMOUNT OF 259
THE DRUG INVOLVED EXCEEDS THAT AMOUNT AND IF THE OFFENSE WAS 260
COMMITTED IN THE VICINITY OF A SCHOOL OR IN THE VICINITY OF A 261
JUVENILE, PREPARATION OF HEROIN FOR SALE IS A FELONY OF THE THIRD 262
DEGREE, AND THERE IS A PRESUMPTION FOR A PRISON TERM FOR THE 263
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OFFENSE.
(7) IF THE DRUG INVOLVED IN THE VIOLATION IS HASHISH OR A 265
COMPOUND, MIXTURE, PREPARATION, OR SUBSTANCE CONTAINING HASHISH, 266
WHOEVER VIOLATES DIVISION (A) OF THIS SECTION IS GUILTY OF 268
PREPARATION OF HASISH FOR SALE. THE PENALTY FOR THE OFFENSE 269
SHALL BE DETERMINED AS FOLLOWS:
(a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(7)(b) AND 272
(c) OF THIS SECTION, PREPARATION OF HASHISH FOR SALE IS A FELONY 273
OF THE FIFTH DEGREE, AND DIVISION (C) OF SECTION 2929.13 OF THE 276
REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A PRISON 278
TERM ON THE OFFENDER.
(b) IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A 281
SCHOOL OR IN THE VICINITY OF A JUVENILE, PREPARATION OF HASHISH 282
FOR SALE IS A FELONY OF THE FOURTH DEGREE, AND DIVISION (C) OF 283
SECTION 2929.13 OF THE REVISED CODE APPLIES IN DETERMINING 285
WHETHER TO IMPOSE A PRISON TERM UPON THE OFFENDER. 286
(c) IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS TEN GRAMS 289
OF HASHISH IN A SOLID FORM OR EXCEEDS TWO GRAMS OF HASHISH IN A 290
LIQUID CONCENTRATE, LIQUID EXTRACT, OR LIQUID DISTILLATE FORM, 291
PREPARATION OF HASHISH FOR SALE IS A FELONY OF THE FOURTH DEGREE, 292
AND DIVISION (C) OF SECTION 2929.13 OF THE REVISED CODE APPLIES 294
IN DETERMINING WHETHER TO IMPOSE A PRISON TERM ON THE OFFENDER. 295
IF THE AMOUNT OF THE DRUG INVOLVED EXCEEDS ONE OF THOSE AMOUNTS 296
AND IF THE OFFENSE WAS COMMITTED IN THE VICINITY OF A SCHOOL OR 297
IN THE VICINITY OF A JUVENILE, PREPARATION OF HASHISH FOR SALE IS 298
A FELONY OF THE THIRD DEGREE, AND DIVISION (C) OF SECTION 2929.13 299
OF THE REVISED CODE APPLIES IN DETERMINING WHETHER TO IMPOSE A 302
PRISON TERM UPON THE OFFENDER.
(D) IN ADDITION TO ANY PRISON TERM OR OTHER SANCTION 305
AUTHORIZED OR REQUIRED BY DIVISION (C) OF THIS SECTION AND 306
SECTIONS 2929.13 AND 2929.14 OF THE REVISED CODE, AND IN ADDITION 309
TO ANY OTHER SANCTION IMPOSED FOR THE OFFENSE UNDER THIS SECTION 310
OR SECTIONS 2929.11 TO 2929.18 OF THE REVISED CODE, THE COURT 313
THAT SENTENCES AN OFFENDER WHO IS CONVICTED OF OR PLEADS GUILTY 314
7
TO A VIOLATION OF DIVISION (A) OF THIS SECTION SHALL DO ALL OF 316
THE FOLLOWING THAT ARE APPLICABLE REGARDING THE OFFENDER: 317
(1) IF THE VIOLATION IS A FELONY OF THE THIRD DEGREE, THE 319
COURT SHALL IMPOSE UPON THE OFFENDER THE MANDATORY FINE SPECIFIED 321
FOR THE OFFENSE UNDER DIVISION (B)(1) OF SECTION 2929.18 OF THE 323
REVISED CODE UNLESS, AS SPECIFIED IN THAT DIVISION, THE COURT 325
DETERMINES THAT THE OFFENDER IS INDIGENT. THE CLERK OF THE COURT 326
SHALL PAY A MANDATORY FINE IMPOSED UNDER DIVISION (D)(1) OF THIS 328
SECTION IN THE MANNER SPECIFIED FOR THE PAYMENT OF A MANDATORY 329
FINE IN DIVISION (F) OF SECTION 2925.03 OF THE REVISED CODE. IF 332
A PERSON IS CHARGED WITH A VIOLATION OF THIS SECTION THAT IS A 333
FELONY OF THE THIRD DEGREE, POSTS BAIL, AND FORFEITS THE BAIL, 334
THE CLERK OF THE COURT SHALL PAY THE FORFEITED BAIL, PURSUANT TO 335
DIVISION (F) OF SECTION 2925.03 OF THE REVISED CODE, AS IF THE 338
FORFEITED BAIL WAS A FINE IMPOSED FOR A VIOLATION OF THIS 339
SECTION.
(2) THE COURT SHALL SUSPEND THE DRIVER'S OR COMMERCIAL 341
DRIVER'S LICENSE OR PERMIT OF THE OFFENDER IN ACCORDANCE WITH 342
DIVISION (G) OF SECTION 2925.03 OF THE REVISED CODE. 345
(3) IF THE OFFENDER IS A PROFESSIONALLY LICENSED PERSON OR 347
A PERSON WHO HAS BEEN ADMITTED TO THE BAR BY ORDER OF THE SUPREME 349
COURT IN COMPLIANCE WITH ITS PRESCRIBED AND PUBLISHED RULES, THE 350
COURT FORTHWITH SHALL COMPLY WITH SECTION 2925.38 OF THE REVISED 351
CODE. 352
(E) THE COURT THAT SENTENCES AN OFFENDER FOR A VIOLATION 355
OF DIVISION (A) OF THIS SECTION MAY IMPOSE UPON THE OFFENDER AN 356
ADDITIONAL FINE SPECIFIED FOR THE OFFENSE IN DIVISION (B)(4) OF 358
SECTION 2929.18 OF THE REVISED CODE. A FINE IMPOSED UNDER 360
DIVISION (E) OF THIS SECTION SHALL BE USED SOLELY FOR THE SUPPORT 362
OF ONE OR MORE ELIGIBLE ALCOHOL AND DRUG ADDICTION PROGRAMS AS 363
SPECIFIED IN DIVISIONS (H)(2) AND (3) OF SECTION 2925.03 OF THE 365
REVISED CODE. THE COURT SHALL IMPOSE THE FINE IN THE MANNER 367
SPECIFIED IN DIVISION (H)(2) OF THAT SECTION, AND THE CLERK OF 369
THE COURT SHALL PAY THE FINE IN THE MANNER SPECIFIED IN DIVISION 370
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(H)(3) OF THAT SECTION. 371
(F) WHEN A PERSON IS CHARGED WITH A VIOLATION OF THIS 374
SECTION THAT INVOLVES A BULK AMOUNT OR A MULTIPLE OF A BULK 376
AMOUNT OF A CONTROLLED SUBSTANCE, DIVISION (E) OF SECTION 2925.03 377
OF THE REVISED CODE APPLIES REGARDING THE DETERMINATION OF THE 380
AMOUNT OF THE CONTROLLED SUBSTANCE INVOLVED AT THE TIME OF THE 381
OFFENSE.
Sec. 2929.13. (A) Except as provided in division (E), 396
(F), or (G) of this section and unless a specific sanction is 397
required to be imposed or is precluded from being imposed 398
pursuant to law, a court that imposes a sentence upon an offender 399
for a felony may impose any sanction or combination of sanctions 400
on the offender that are provided in sections 2929.14 to 2929.18 401
of the Revised Code. The sentence shall not impose an 402
unnecessary burden on state or local government resources. 403
If the offender is eligible to be sentenced to community 405
control sanctions, the court shall consider the appropriateness 407
of imposing a financial sanction pursuant to section 2929.18 of 408
the Revised Code or a sanction of community service pursuant to 410
section 2929.17 of the Revised Code as the sole sanction for the 411
offense. Except as otherwise provided in this division, if the 412
court is required to impose a mandatory prison term for the 413
offense for which sentence is being imposed, the court also may 414
impose a financial sanction pursuant to section 2929.18 of the 415
Revised Code but may not impose any additional sanction or 416
combination of sanctions under section 2929.16 or 2929.17 of the 417
Revised Code. 418
If the offender is being sentenced for a fourth degree 420
felony OMVI offense, in addition to the mandatory term of local 421
incarceration or the mandatory prison term required for the 423
offense by division (G)(1) or (2) of this section, the court 425
shall impose upon the offender a mandatory fine in accordance
with division (B)(3) of section 2929.18 of the Revised Code and 428
may impose whichever of the following is applicable:
9
(1) If division (G)(1) of this section requires that the 430
offender be sentenced to a mandatory term of local incarceration, 431
an additional community control sanction or combination of 433
community control sanctions under section 2929.16 or 2929.17 of 434
the Revised Code; 435
(2) If division (G)(2) of this section requires that the 437
offender be sentenced to a mandatory prison term, an additional 438
prison term as described in division (D)(4) of section 2929.14 of 439
the Revised Code.
(B)(1) Except as provided in division (B)(2), (E), (F), or 442
(G) of this section, in sentencing an offender for a felony of 443
the fourth or fifth degree, the sentencing court shall determine
whether any of the following apply: 445
(a) In committing the offense, the offender caused 447
physical harm to a person. 448
(b) In committing the offense, the offender attempted to 451
cause or made an actual threat of physical harm to a person with 452
a deadly weapon.
(c) In committing the offense, the offender attempted to 455
cause or made an actual threat of physical harm to a person, and 456
the offender previously was convicted of an offense that caused 457
physical harm to a person.
(d) The offender held a public office or position of trust 460
and the offense related to that office or position; the
offender's position obliged the offender to prevent the offense 461
or to bring those committing it to justice; or the offender's 462
professional reputation or position facilitated the offense or 463
was likely to influence the future conduct of others. 464
(e) The offender committed the offense for hire or as part 466
of an organized criminal activity. 467
(f) The offense is a sex offense that is a fourth or fifth 470
degree felony violation of section 2907.03, 2907.04, 2907.05, 471
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 472
Revised Code.
10
(g) The offender previously served a prison term. 474
(h) The offender previously was subject to a community 476
control sanction, and the offender committed another offense 478
while under the sanction.
(2)(a) If the court makes a finding described in division 481
(B)(1)(a), (b), (c), (d), (e), (f), (g), or, (h) of this section 482
and if the court, after considering the factors set forth in 483
section 2929.12 of the Revised Code, finds that a prison term is 485
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code and finds that the 487
offender is not amenable to an available community control 488
sanction, the court shall impose a prison term upon the offender. 489
(b) Except as provided in division (E), (F), or (G) of 491
this section, if the court does not make a finding described in 493
division (B)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this 494
section and if the court, after considering the factors set forth 495
in section 2929.12 of the Revised Code, finds that a community 497
control sanction or combination of community control sanctions is 499
consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised Code, the court shall 502
impose a community control sanction or combination of community 503
control sanctions upon the offender. 504
(C) Except as provided in division (E) or (F) of this 507
section, in determining whether to impose a prison term as a 508
sanction for a felony of the third degree or a felony drug 509
offense that is a violation of a provision of Chapter 2925. of 511
the Revised Code and that is specified as being subject to this 514
division for purposes of sentencing, the sentencing court shall 515
comply with the purposes and principles of sentencing under 516
section 2929.11 of the Revised Code and with section 2929.12 of 519
the Revised Code.
(D) Except as provided in division (E) or (F) of this 522
section, for a felony of the first or second degree and for a 523
felony drug offense that is a violation of any provision of 524
11
Chapter 2925., 3719., or 4729. of the Revised Code for which a 525
presumption in favor of a prison term is specified as being 526
applicable, it is presumed that a prison term is necessary in 527
order to comply with the purposes and principles of sentencing 528
under section 2929.11 of the Revised Code. Notwithstanding the 529
presumption established under this division, the sentencing court 530
may impose a community control sanction or a combination of 531
community control sanctions instead of a prison term on an 532
offender for a felony of the first or second degree or for a 533
felony drug offense that is a violation of any provision of 534
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being 535
applicable if it makes both of the following findings: 537
(1) A community control sanction or a combination of 539
community control sanctions would adequately punish the offender 541
and protect the public from future crime, because the applicable 542
factors under section 2929.12 of the Revised Code indicating a 544
lesser likelihood of recidivism outweigh the applicable factors 546
under that section indicating a greater likelihood of recidivism. 548
(2) A community control sanction or a combination of 550
community control sanctions would not demean the seriousness of 552
the offense, because one or more factors under section 2929.12 of 553
the Revised Code that indicate that the offender's conduct was 554
less serious than conduct normally constituting the offense are 555
applicable, and they outweigh the applicable factors under that 556
section that indicate that the offender's conduct was more 557
serious than conduct normally constituting the offense. 558
(E)(1) Except as provided in division (F) of this section, 561
for any drug offense that is a violation of any provision of 562
Chapter 2925. of the Revised Code and that is a felony of the 563
third, fourth, or fifth degree, the applicability of a 564
presumption under division (D) of this section in favor of a 565
prison term or of division (B) or (C) of this section in 566
determining whether to impose a prison term for the offense shall 568
12
be determined as specified in section 2925.02, 2925.03, 2925.04, 569
2925.05, 2925.06, 2925.07, 2925.11, 2925.13, 2925.22, 2925.23, 570
2925.36, or 2925.37 of the Revised Code, whichever is applicable 573
regarding the violation.
(2) If an offender who was convicted of or pleaded guilty 575
to a felony drug offense in violation of a provision of Chapter 576
2925., 3719., or 4729. of the Revised Code violates the 577
conditions of a community control sanction imposed for the 578
offense solely by possession or using a controlled substance and 579
if the offender has not failed to meet the conditions of any drug 580
treatment program in which the offender was ordered to
participate as a sanction for the offense, the court, as 581
punishment for the violation of the sanction, shall order that 582
the offender participate in a drug treatment program or in 583
alcoholics anonymous, narcotics anonymous, or a similar program 584
if the court determines that an order of that nature is
consistent with the purposes and principles of sentencing set 585
forth in section 2929.11 of the Revised Code. If the court 586
determines that an order of that nature would not be consistent 587
with those purposes and principles or if the offender violated 588
the conditions of a drug treatment program in which the offender 589
participated as a sanction for the offense, the court may impose
on the offender a sanction authorized for the violation of the 590
sanction, including a prison term. 591
(F) Notwithstanding divisions (A) to (E) of this section, 594
the court shall impose a prison term or terms under sections 595
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the 596
Revised Code and except as specifically provided in section 597
2929.20 of the Revised Code or when parole is authorized for the 598
offense under section 2967.13 of the Revised Code, shall not 599
reduce the terms pursuant to section 2929.20, section 2967.193, 600
or any other provision of Chapter 2967. or Chapter 5120. of the 602
Revised Code for any of the following offenses: 603
(1) Aggravated murder when death is not imposed or murder; 605
13
(2) Rape or an attempt to commit rape by force when the 607
victim is under thirteen years of age; 608
(3) Gross sexual imposition or sexual battery, if the 610
victim is under thirteen years of age, if the offender previously 612
was convicted of or pleaded guilty to rape, felonious sexual 613
penetration, gross sexual imposition, or sexual battery, and if 615
the victim of the previous offense was under thirteen years of
age;
(4) A felony violation of section 2903.06, 2903.07, or 618
2903.08 of the Revised Code if the section requires the
imposition of a prison term; 619
(5) A first, second, or third degree felony drug offense 622
for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 623
4729.99 of the Revised Code, whichever is applicable regarding 625
the violation, requires the imposition of a mandatory prison 626
term;
(6) Any offense that is a first or second degree felony 628
and that is not set forth in division (F)(1), (2), (3), or (4) of 630
this section, if the offender previously was convicted of or
pleaded guilty to aggravated murder, murder, any first or second 632
degree felony, or an offense under an existing or former law of 633
this state, another state, or the United States that is or was 634
substantially equivalent to one of those offenses;
(7) Any offense, other than a violation of section 2923.12 636
of the Revised Code, that is a felony, if the offender had a 637
firearm on or about the offender's person or under the offender's 638
control while committing the felony, with respect to a portion of 639
the sentence imposed pursuant to division (D)(1)(a) of section 641
2929.14 of the Revised Code for having the firearm;
(8) Corrupt activity in violation of section 2923.32 of 643
the Revised Code when the most serious offense in the pattern of 645
corrupt activity that is the basis of the offense is a felony of 646
the first degree;
14
(9) Any sexually violent offense for which the offender 648
also is convicted of or pleads guilty to a sexually violent 649
predator specification that was included in the indictment, count 650
in the indictment, or information charging the sexually violent 651
offense.
(G) Notwithstanding divisions (A) to (E) of this section, 654
if an offender is being sentenced for a fourth degree felony OMVI 655
offense, the court shall impose upon the offender a mandatory
term of local incarceration or a mandatory prison term in 656
accordance with the following: 657
(1) Except as provided in division (G)(2) of this section, 659
the court shall impose upon the offender a mandatory term of 660
local incarceration of sixty days as specified in division (A)(4) 661
of section 4511.99 of the Revised Code and shall not reduce the 662
term pursuant to section 2929.20, 2967.193, or any other 663
provision of the Revised Code. The court that imposes a 664
mandatory term of local incarceration under this division shall 666
specify whether the term is to be served in a jail, a 667
community-based correctional facility, a halfway house, or an 668
alternative residential facility, and the offender shall serve 669
the term in the type of facility specified by the court. The 670
court shall not sentence the offender to a prison term and shall 671
not specify that the offender is to serve the mandatory term of
local incarceration in prison. A mandatory term of local 672
incarceration imposed under division (G)(1) of this section is 673
not subject to extension under section 2967.11 of the Revised 674
Code, to a period of post-release control under section 2967.28 675
of the Revised Code, or to any other Revised Code provision that 676
pertains to a prison term.
(2) If the offender previously has been sentenced to a 678
mandatory term of local incarceration pursuant to division (G)(1) 679
of this section for a fourth degree felony OMVI offense, the 680
court shall impose upon the offender a mandatory prison term of 681
sixty days as specified in division (A)(4) of section 4511.99 of 682
15
the Revised Code and shall not reduce the term pursuant to 683
section 2929.20, 2967.193, or any other provision of the Revised
Code. In no case shall an offender who once has been sentenced 684
to a mandatory term of local incarceration pursuant to division 685
(G)(1) of this section for a fourth degree felony OMVI offense be 686
sentenced to another mandatory term of local incarceration under 687
that division for a fourth degree felony OMVI offense. The court 688
shall not sentence the offender to a community control sanction 689
under section 2929.16 or 2929.17 of the Revised Code. The 690
department of rehabilitation and correction may place an offender
sentenced to a mandatory prison term under this division in an 691
intensive program prison established pursuant to section 5120.033 692
of the Revised Code if the department gave the sentencing judge 693
prior notice of its intent to place the offender in an intensive 694
program prison established under that section and if the judge 695
did not notify the department that the judge disapproved the 696
placement.
(G)(H) If an offender is being sentenced for a sexually 699
oriented offense committed on or after the effective date of this 700
amendment, the judge shall require the offender to submit to a
DNA specimen collection procedure pursuant to section 2901.07 of 701
the Revised Code if either of the following applies: 703
(1) The offense was a sexually violent offense, and the 705
offender also was convicted of or pleaded guilty to a sexually 706
violent predator specification that was included in the 707
indictment, count in the indictment, or information charging the 708
sexually violent offense.
(2) The judge imposing sentence for the sexually oriented 710
offense determines pursuant to division (B) of section 2950.09 of 711
the Revised Code that the offender is a sexual predator. 712
(H)(I) If an offender is being sentenced for a sexually 715
oriented offense committed on or after the effective date of this 716
amendment, the judge shall include in the sentence a summary of
the offender's duty to register pursuant to section 2950.04 of 717
16
the Revised Code, the offender's duty to provide notice of a 718
change in residence address and register the new residence 719
address pursuant to section 2950.05 of the Revised Code, the 720
offender's duty to periodically verify the offender's current
residence address pursuant to section 2950.06 of the Revised 721
Code, and the duration of the duties. The judge shall inform the 722
offender, at the time of sentencing, of those duties and of their 723
duration and, if required under division (A)(2) of section 724
2950.03 of the Revised Code, shall perform the duties specified 725
in that section. 726
Sec. 2929.18. (A) Except as otherwise provided in this 737
division and in addition to imposing court costs pursuant to 738
section 2947.23 of the Revised Code, the court imposing a 739
sentence upon an offender for a felony may sentence the offender 740
to any financial sanction or combination of financial sanctions 742
authorized under this section or, in the circumstances specified
in section 2929.25 of the Revised Code, may impose upon the 743
offender a fine in accordance with that section. If the offender 744
is sentenced to a sanction of confinement pursuant to section 745
2929.14 or 2929.16 of the Revised Code that is to be served in a 746
facility operated by a board of county commissioners, a 747
legislative authority of a municipal corporation, or another 748
governmental entity, the court imposing sentence upon an offender 749
for a felony shall comply with division (A)(4)(b) of this section 750
in determining whether to sentence the offender to a financial 751
sanction described in division (A)(4)(a) of this section. 752
Financial sanctions that may be imposed pursuant to this section 753
include, but are not limited to, the following: 754
(1) Restitution by the offender to the victim of the 756
offender's crime or any survivor of the victim, in an amount 757
based on the victim's economic loss. The court shall order that 758
the restitution be made to the adult probation department that 759
serves the county on behalf of the victim, to the clerk of 760
courts, or to another agency designated by the court, except that 761
17
it may include a requirement that reimbursement be made to third 762
parties for amounts paid to or on behalf of the victim or any 763
survivor of the victim for economic loss resulting from the 764
offense. If reimbursement to third parties is required, the 765
reimbursement shall be made to any governmental agency to repay 766
any amounts paid by the agency to or on behalf of the victim or 767
any survivor of the victim for economic loss resulting from the 768
offense before any reimbursement is made to any person other than 769
a governmental agency. If no governmental agency incurred 770
expenses for economic loss of the victim or any survivor of the 771
victim resulting from the offense, the reimbursement shall be 772
made to any person other than a governmental agency to repay 773
amounts paid by that person to or on behalf of the victim or any 774
survivor of the victim for economic loss of the victim resulting 776
from the offense. The court shall not require an offender to 777
repay an insurance company for any amounts the company paid on 778
behalf of the offender pursuant to a policy of insurance. At 779
sentencing, the court shall determine the amount of restitution 781
to be made by the offender. All restitution payments shall be 782
credited against any recovery of economic loss in a civil action 783
brought by the victim or any survivor of the victim against the 784
offender.
(2) Except as provided in division (B)(1), (3), or (4) of 786
this section, a fine payable by the offender to the state, to a 787
political subdivision, or as described in division (B)(2) of this 789
section to one or more law enforcement agencies, with the amount 790
of the fine based on a standard percentage of the offender's 791
daily income over a period of time determined by the court and 792
based upon the seriousness of the offense. A fine ordered under 793
this division shall not exceed the statutory fine amount 794
authorized for the level of the offense under division (A)(3) of 795
this section.
(3) Except as provided in division (B)(1), (3), or (4) of 797
this section, a fine payable by the offender to the state, to a 798
18
political subdivision when appropriate for a felony, or as 799
described in division (B)(2) of this section to one or more law 801
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more than twenty 804
thousand dollars;
(b) For a felony of the second degree, not more than 807
fifteen thousand dollars;
(c) For a felony of the third degree, not more than ten 810
thousand dollars;
(d) For a felony of the fourth degree, not more than five 813
thousand dollars;
(e) For a felony of the fifth degree, not more than two 816
thousand five hundred dollars.
(4)(a) Subject to division (A)(4)(b) of this section, 819
reimbursement by the offender of any or all of the costs of 821
sanctions incurred by the government, including the following: 822
(i) All or part of the costs of implementing any community 825
control sanction;
(ii) All or part of the costs of confinement under a 828
sanction imposed pursuant to section 2929.14 or 2929.16 of the 829
Revised Code, provided that the amount of reimbursement ordered 830
under this division shall not exceed ten thousand dollars or the 831
total amount of reimbursement the offender is able to pay as 832
determined at a hearing, whichever amount is greater; 833
(b) If the offender is sentenced to a sanction of 835
confinement pursuant to section 2929.14 or 2929.16 of the Revised 836
Code that is to be served in a facility operated by a board of 838
county commissioners, a legislative authority of a municipal 839
corporation, or another local governmental entity, one of the
following applies: 840
(i) If, pursuant to section 307.93, 341.14, 341.19, 842
341.23, 753.02, 753.04, 753.16, or 2301.56, or 2947.19 of the 843
Revised Code, the board, legislative authority, or other local 844
governmental entity requires prisoners convicted of an offense 845
19
other than a minor misdemeanor to reimburse the county, municipal 846
corporation, or other entity for its expenses incurred by reason 847
of the prisoner's confinement, the court shall impose a financial
sanction under division (A)(4)(a) of this section that requires 848
the offender to reimburse the county, municipal corporation, or 849
other local governmental entity for the cost of the confinement. 850
In addition, the court may impose any other financial sanction 851
under this section.
(ii) If, pursuant to any section identified in division 853
(A)(4)(b)(i) of this section, the board, legislative authority, 855
or other local governmental entity has adopted a resolution or 857
ordinance specifying that prisoners convicted of felonies are not 858
required to reimburse the county, municipal corporation, or other
local governmental entity for its expenses incurred by reason of 860
the prisoner's confinement, the court shall not impose a 861
financial sanction under division (A)(4)(a) of this section that 862
requires the offender to reimburse the county, municipal
corporation, or other local governmental entity for the cost of 863
the confinement, but the court may impose any other financial 865
sanction under this section.
(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) 867
of this section applies, the court may impose, but is not 868
required to impose, any financial sanction under this section. 869
(c) Reimbursement by the offender for costs pursuant to 872
section 2929.28 of the Revised Code.
(B)(1) For a first, second, or third degree felony 875
violation of any provision of Chapter 2925., 3719., or 4729. of 876
the Revised Code, the sentencing court shall impose upon the 877
offender a mandatory fine of at least one-half of, but not more 878
than, the maximum statutory fine amount authorized for the level 879
of the offense pursuant to division (A)(3) of this section. If 880
an offender alleges in an affidavit filed with the court prior to 882
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an 883
20
indigent person and is unable to pay the mandatory fine described 884
in this division, the court shall not impose the mandatory fine 885
upon the offender.
(2) Any mandatory fine imposed upon an offender under 887
division (B)(1) of this section and any fine imposed upon an 889
offender under division (A)(2) or (3) of this section for any 890
fourth or fifth degree felony violation of any provision of 891
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid 892
to law enforcement agencies pursuant to division (F) of section 893
2925.03 of the Revised Code. 894
(3) For a fourth degree felony OMVI offense, the 898
sentencing court shall impose upon the offender a mandatory fine
in the amount specified in division (A)(4) of section 4511.99 of 900
the Revised Code. The mandatory fine so imposed shall be 901
disbursed as provided in division (A)(4) of section 4511.99 of 903
the Revised Code. 904
(4) Notwithstanding any fine otherwise authorized or 907
required to be imposed under division (A)(2) or (3) or (B)(1) of 908
this section or section 2929.31 of the Revised Code for a 909
violation of section 2925.03 OR 2925.07 of the Revised Code, in 911
addition to any penalty or sanction imposed for that offense 912
under section 2925.03 OR 2925.07 or sections 2929.11 to 2929.18 913
of the Revised Code and in addition to the forfeiture of property 915
in connection with the offense as prescribed in sections 2925.42 916
to 2925.45 of the Revised Code, the court that sentences an 918
offender for a violation of section 2925.03 OR 2925.07 of the 919
Revised Code may impose upon the offender a fine in addition to 921
any fine imposed under division (A)(2) or (3) of this section and 923
in addition to any mandatory fine imposed under division (B)(1) 924
of this section. The fine imposed under division (B)(4) of this 925
section shall be used as provided in division (H) of section 926
2925.03 of the Revised Code. A fine imposed under division 927
(B)(4) of this section shall not exceed whichever of the 928
following is applicable:
21
(a) The total value of any personal or real property in 931
which the offender has an interest and that was used in the 932
course of, intended for use in the course of, derived from, or 933
realized through conduct in violation of section 2925.03 OR 934
2925.07 of the Revised Code, including any property that 936
constitutes proceeds derived from that offense;
(b) If the offender has no interest in any property of the 939
type described in division (B)(4)(a) of this section or if it is 940
not possible to ascertain whether the offender has an interest in 942
any property of that type in which the offender may have an 943
interest, the amount of the mandatory fine for the offense 944
imposed under division (B)(1) of this section or, if no mandatory 945
fine is imposed under division (B)(1) of this section, the amount 946
of the fine authorized for the level of the offense imposed under 948
division (A)(3) of this section.
(5) Prior to imposing a fine under division (B)(4) of this 951
section, the court shall determine whether the offender has an 952
interest in any property of the type described in division 953
(B)(4)(a) of this section. Except as provided in division (B)(6) 955
or (7) of this section, a fine that is authorized and imposed 956
under division (B)(4) of this section does not limit or affect 958
the imposition of the penalties and sanctions for a violation of 959
section 2925.03 OR 2925.07 OF THE REVISED CODE prescribed under
that section THOSE SECTIONS or sections 2929.11 to 2929.18 of the 961
Revised Code and does not limit or affect a forfeiture of 963
property in connection with the offense as prescribed in sections 964
2925.42 to 2925.45 of the Revised Code. 965
(6) If the sum total of a mandatory fine amount imposed 967
for a first, second, or third degree felony violation of section 968
2925.03 OR A THIRD DEGREE FELONY VIOLATION OF SECTION 2925.07 of 970
the Revised Code under division (B)(1) of this section plus the 971
amount of any fine imposed under division (B)(4) of this section 973
does not exceed the maximum statutory fine amount authorized for 974
the level of the offense under division (A)(3) of this section or 975
22
section 2929.31 of the Revised Code, the court may impose a fine 977
for the offense in addition to the mandatory fine and the fine 978
imposed under division (B)(4) of this section. The sum total of 979
the amounts of the mandatory fine, the fine imposed under 980
division (B)(4) of this section, and the additional fine imposed 981
under division (B)(6) of this section shall not exceed the 983
maximum statutory fine amount authorized for the level of the 984
offense under division (A)(3) of this section or section 2929.31 985
of the Revised Code. The clerk of the court shall pay any fine 986
that is imposed under division (B)(6) of this section to the 987
county, township, municipal corporation, park district as created 989
pursuant to section 511.18 or 1545.04 of the Revised Code, or 990
state law enforcement agencies in this state that primarily were 991
responsible for or involved in making the arrest of, and in 992
prosecuting, the offender pursuant to division (F) of section 993
2925.03 of the Revised Code. 994
(7) If the sum total of the amount of a mandatory fine 996
imposed for a first, second, or third degree felony violation of 997
section 2925.03 OR A THIRD DEGREE FELONY VIOLATION OF SECTION 998
2925.07 of the Revised Code plus the amount of any fine imposed 1,000
under division (B)(4) of this section exceeds the maximum 1,001
statutory fine amount authorized for the level of the offense 1,002
under division (A)(3) of this section or section 2929.31 of the 1,003
Revised Code, the court shall not impose a fine under division 1,004
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements imposed upon 1,007
the offender pursuant to division (A)(4)(a) of this section to 1,009
pay the costs incurred by the department of rehabilitation and
correction in operating a prison or other facility used to 1,011
confine offenders pursuant to sanctions imposed under section 1,012
2929.14 or 2929.16 of the Revised Code to the treasurer of state. 1,013
The treasurer of state shall deposit the reimbursements in the 1,014
confinement cost reimbursement fund that is hereby created in the 1,015
state treasury. The department of rehabilitation and correction 1,016
23
shall use the amounts deposited in the fund to fund the operation 1,017
of facilities used to confine offenders pursuant to sections 1,018
2929.14 and 2929.16 of the Revised Code. 1,019
(2) Except as provided in section 2951.021 of the Revised 1,021
Code, the offender shall pay reimbursements imposed upon the 1,022
offender pursuant to division (A)(4)(a) of this section to pay 1,024
the costs incurred by a county pursuant to any sanction imposed 1,025
under this section or section 2929.16 or 2929.17 of the Revised 1,026
Code or in operating a facility used to confine offenders 1,027
pursuant to a sanction imposed under section 2929.16 of the 1,028
Revised Code to the county treasurer. The county treasurer shall 1,029
deposit the reimbursements in the sanction cost reimbursement 1,030
fund that each board of county commissioners shall create in its 1,031
county treasury. The county shall use the amounts deposited in 1,032
the fund to pay the costs incurred by the county pursuant to any 1,033
sanction imposed under this section or section 2929.16 or 2929.17 1,034
of the Revised Code or in operating a facility used to confine 1,036
offenders pursuant to a sanction imposed under section 2929.16 of 1,037
the Revised Code.
(3) Except as provided in section 2951.021 of the Revised 1,039
Code, the offender shall pay reimbursements imposed upon the 1,040
offender pursuant to division (A)(4)(a) of this section to pay 1,042
the costs incurred by a municipal corporation pursuant to any 1,043
sanction imposed under this section or section 2929.16 or 2929.17 1,044
of the Revised Code or in operating a facility used to confine 1,045
offenders pursuant to a sanction imposed under section 2929.16 of 1,046
the Revised Code to the treasurer of the municipal corporation. 1,048
The treasurer shall deposit the reimbursements in a special fund 1,049
that shall be established in the treasury of each municipal 1,050
corporation. The municipal corporation shall use the amounts 1,051
deposited in the fund to pay the costs incurred by the municipal 1,052
corporation pursuant to any sanction imposed under this section 1,053
or section 2929.16 or 2929.17 of the Revised Code or in operating 1,054
a facility used to confine offenders pursuant to a sanction 1,055
24
imposed under section 2929.16 of the Revised Code. 1,056
(4) Except as provided in section 2951.021 of the Revised 1,058
Code, the offender shall pay reimbursements imposed pursuant to 1,059
division (A)(4)(a) of this section for the costs incurred by a 1,060
private provider pursuant to a sanction imposed under this 1,061
section or section 2929.16 or 2929.17 of the Revised Code to the 1,062
provider.
(D) A financial sanction imposed pursuant to division (A) 1,064
or (B) of this section is a judgment in favor of the state or a 1,065
political subdivision in which the court that imposed the 1,066
financial sanction is located, and the offender subject to the 1,067
sanction is the judgment debtor, except that a financial sanction 1,068
of reimbursement imposed pursuant to division (A)(4)(a)(ii) of 1,070
this section upon an offender who is incarcerated in a state 1,071
facility or a municipal jail is a judgment in favor of the state 1,072
or the municipal corporation, a financial sanction of 1,073
reimbursement imposed upon an offender pursuant to this section 1,074
for costs incurred by a private provider of sanctions is a 1,075
judgment in favor of the private provider, and a financial 1,076
sanction of restitution imposed pursuant to this section is a 1,077
judgment in favor of the victim of the offender's criminal act. 1,078
Once the financial sanction is imposed as a judgment, the victim, 1,079
private provider, state, or political subdivision may bring an 1,080
action to do any of the following:
(1) Obtain execution of the judgment through any available 1,083
procedure, including:
(a) An execution against the property of the judgment 1,086
debtor under Chapter 2329. of the Revised Code; 1,087
(b) An execution against the person of the judgment debtor 1,090
under Chapter 2331. of the Revised Code; 1,091
(c) A proceeding in aid of execution under Chapter 2333. 1,094
of the Revised Code, including: 1,095
(i) A proceeding for the examination of the judgment 1,098
debtor under sections 2333.09 to 2333.12 and sections 2333.15 to 1,099
25
2333.27 of the Revised Code;
(ii) A proceeding for attachment of the person of the 1,102
judgment debtor under section 2333.28 of the Revised Code; 1,103
(iii) A creditor's suit under section 2333.01 of the 1,106
Revised Code.
(d) The attachment of the property of the judgment debtor 1,109
under Chapter 2715. of the Revised Code; 1,110
(e) The garnishment of the property of the judgment debtor 1,113
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the 1,115
judgment debtor under section 1321.33 of the Revised Code. 1,117
(E) A court that imposes a financial sanction upon an 1,119
offender may hold a hearing if necessary to determine whether the 1,120
offender is able to pay the sanction or is likely in the future 1,121
to be able to pay it.
(F) Each court imposing a financial sanction upon an 1,124
offender under this section or under section 2929.25 of the
Revised Code may designate a court employee to collect, or may 1,126
enter into contracts with one or more public agencies or private 1,127
vendors for the collection of, amounts due under the financial 1,128
sanction imposed pursuant to this section or section 2929.25 of 1,129
the Revised Code. Before entering into a contract for the 1,130
collection of amounts due from an offender pursuant to any 1,131
financial sanction imposed pursuant to this section or section 1,132
2929.25 of the Revised Code, a court shall comply with sections 1,133
307.86 to 307.92 of the Revised Code. 1,134
(G) If a court that imposes a financial sanction under 1,137
division (A) or (B) of this section finds that an offender 1,138
satisfactorily has completed all other sanctions imposed upon the 1,139
offender and that all restitution that has been ordered has been 1,140
paid as ordered, the court may suspend any financial sanctions 1,141
imposed pursuant to this section or section 2929.25 of the 1,142
Revised Code that have not been paid. 1,143
(H) No financial sanction imposed under this section or 1,146
26
section 2929.25 of the Revised Code shall preclude a victim from
bringing a civil action against the offender. 1,147
Section 2. That existing sections 2929.13 and 2929.18 of 1,149
the Revised Code are hereby repealed. 1,150
Section 3. Section 2929.13 of the Revised Code is 1,152
presented in this act as a composite of the section as amended by 1,153
Am. Sub. H.B. 180, Am. Sub. H.B. 445, Am. Sub. S.B. 166, and Am. 1,154
Sub. S.B. 269 of the 121st General Assembly, with the new 1,155
language of none of the acts shown in capital letters. Section 1,156
2929.18 of the Revised Code is presented in this act as a 1,159
composite of the section as amended by Sub. H.B. 480, Am. Sub. 1,160
S.B. 166 and Am. Sub. S.B. 269 of the 121st General Assembly, 1,161
with the new language of none of the acts shown in capital 1,162
letters. This is in recognition of the principle stated in 1,163
division (B) of section 1.52 of the Revised Code that such 1,164
amendments are to be harmonized where not substantively 1,165
irreconcilable and constitutes a legislative finding that such is 1,166
the resulting version in effect prior to the effective date of 1,167
this act.